1979-05-14 CITY COUNCIL REGULAR MEETING MINUTES155
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND HELD ON
MAY 14, 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
Tom Reid
Councilman
Dennis Frauenberger
Councilman
Charles Mack
Councilwoman
r—
Fran Coppinger
Councilman
Carlton McComb
Councilman
Morris Wilson
City Manager
William E. Wolff
City Attorney
Bobby J. Williams
City Secretary
Dorothy L. Cook
I --
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by David Smith. The Pledge of Allegiance was led by
City Attorney Bobby Williams.
APPROVAL OF MINUTES:
It was moved by Councilman Mack, seconded by Councilman McComb that the minutes
of the regular meeting held on April 23, 1979, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported that he has received information that the Governor's Office
is funding approximately $37,500.00 for PAYDIRT and this amount has been included
in the State Budget for the upcoming fiscal year beginning October 1, 1979.
COUNCIL ACTIVITY REPORTS:
Councilman McComb asked that the Mayor request the Staff to"determine the cost of
dispatching for Brookside Village as well as the cost for use of our jail
facilities. He advised that he felt some financial contribution should be made
by Brookside or perhaps build a jail facility in their own community.
Mayor Reid appointed City Manager Wolff and City Attorney Bobby Williams to
look into this matter and report back to the City Council at a later date.
DEPARTMENTAL REPORTS: None
CITIZENS:
Mr. Donald Capps, 2702 Longwood Park, Pearland, Texas, spoke before the City
Council regarding the construction of pipelines in the area of Longwood Park
Subdivision. He displayed several pictures taken of the area showing water
standing in.the existing easement. He also advised that trees were cut and not
removed from the easement. Mr. Capps advised that any assistance the City could
give the people of this area regarding the maintenance of the pipeline easements
would be appreciated. He advised that he and the group present were interested in
hearing information on zoning to control installation of pipelines within the
City.
Mayor Reid stated that after the last meeting he asked the staff to prepare both
a legal, engineering and research effort on the subject of pipelines and pipeline
zoning. Mayor Reid outlined the following report:
1. State and Federal laws allow pipelines right of eminent domain;
in this case the companies have purchased right-of-way.
U
2. Pipeline easements predate the incorporation of the City and the
development of Longwood Park Subdivision. Pipeline companies
purchased additional right-of-way for subject lines.
3. This is an intra -State pipeline which is not covered by Federal
regulations, but will be built by Federal specifications required
by the Texas Railroad Commission.
4. Legal research by City Attorney Bobby Williams and Vinson & Elkins,
a Houston Law Firm dealing with pipeline easements and right-of-
ways, determined that there is no law or regulation requiring a
limitation of the number of pipelines and right-of-ways. (Verified
by Glen Johnson of the Texas Railroad Commission.)
5. The specific request by the Pipeline Company is to cross under
State and County right-of-ways which is permitted by Section 111.020
of the Resource Code, provided that it does not interfere with
the traffic flow and the roadway is restored to its former condition.
The Resource Code refers to City streets in Section 111.022, and in
previous cases, the City Council has requested more stringent
specifications which exceed the State and Federal specifications
and to require pipeline shut-off valves.
6. Without proper justification, ie.; depths, wall thickness, etc.,
prohibiting the pipeline crossings would expose the City to a
lawsuit and possible damages.
7. The City does not presently zone pipelines by ordinance. Zoning
for pipeline corridors would in effect condemn the property.
Changing the zoning ordinance would cost the City approximately
$7,000.00 for notices. The City's plan is to incorporate the
pipeline ordinance with other needed changed to the Land Use and
Urban Development Ordinance to be considered in the near future.
The City staff, City Attorney, and City Manager have been
instructed to begin work immediately on these proposed changes.
8. In short, the bottom line is that there are no legal or factual
grounds on which to base a general denial of this application for
pipeline crossing filed by South Texas Pipeline Company.
City Attorney Williams advised that he felt the condition of the easement regarding
water and trees could be corrected, and if not, the City has an ordinance
concerning trash and unsanitary conditions that could be enforced.
Mayor Reid accepted questions from the audience and comments from the South Texas
Pipeline Company representatives.
DOCKETED PUBLIC HEARINGS:
1. APPLICATION NO. 66, REQUEST FOR LAND USE CHANGE BY JIM TUCKER,
TRUSTEE, FROM R-1 to NS ON A ONE ACRE TRACT OUT OF THE JOHN V.
YOST 23.25 ACRE TRACT.
Mayor Reid advised that the present owner of the property, John Warford stated
in a letter dated May 10, 1979, that he wished to have this application withdrawn.
City Attorney Williams advised that since Mr. Warford was the owner it was in
order for him to withdraw the application.
APPLICATION NO. 66 was withdrawn and no public hearing was held before the
City Council.
UNFINISHED BUSINESS:
SOUTH TEXAS PIPELINE COMPANY:
An application letter dated April 5, 1979, from J. W. Roberts of Brown & Root, Inc.,
contractors for South Texas Pipeline Company, was read into the records. Also,
a letter dated April 20, 1979, from C. E. Jewett, President of South Texas Pipe-
line Company, was read into the records.
A discussion was held regarding the safety of pipelines with particular emphasis
on old pipelines. Mr. Richard Carlton -representing South Texas Pipeline Company
advised that his company has the most:s-opnisticated pipeline monitoring system
available, with everything in the pipeline being monitored every two seconds.
He advised that the two new pipelines will be the first by his company going
through the City of Pearland and that his company intended to leave the premises
after the installation of these lines in as good or better condition than it
r,-- was originally.
It was brought out that one of the specifications was to have block valves at the
entrance and exit to the City. It was also pointed out that the City's only
authority over the pipelines is to regulate what the pipeline companies do to
City streets, State highways, and County roads within the City limits. The
State Legislature and the Federal Government control all other matters.
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that the
request by South Texas Pipeline Company to cross the City's streets as listed in
the request dated April 5, 1979, with a backup additional letter of April 20,
1979, be approved and subject to the criteria that has been established by the
City Staff that South Texas Pipeline Company is aware of. Motion passed 5 to 0.
PHILLIPS PIPE LINE COMPANY:
It was moved by Councilman McComb, seconded by Councilman Wilson that this item
be tabled until such time as Phillips Pipe Line Company has a representative
present to answer the City Council's questions. Motion passed 5 to 0.
e— MEETING RECESSED AT 8:50 P.M. - RECONVENED AT 9:15 P.M.
NEW BUSINESS:
PRELIMINARY PLAT OF BAYOU COMMERCIAL PARK OF:PEARLAND:
A preliminary plat of Bayou Commercial Park `of Pearland was submitted to the
City Council for consideration. This plat had been approved by Planning and
Zoning Commission and Drainage District.
It was moved by Councilman McComb, seconded by Councilman Mack that the Preliminary
Plat of Bayou Commercial Park of Pearland be approved. Motion passed 5 to 0.
REQUEST BY EMERGENCY MEDICAL SERVICES FOR NEW AMBULANCE:
Mr. David Smith of the Pearland Emergency Medical Services appeared before the
City Council with a request that the City advertise and purchase an entire new
modular ambulance similar to the one the EMS is now using. Also, he advised
that the EMS would like for the City to purchase a new chassis for the existing
modular they have. The plan would be that on delivery of the new ambulance, the
modular unit from the ambulance presently being used would be installed on the
new chassis and the original ambulance would be retired. Mr. Smith advised that
it would take about nine months for delivery of the equipment.
_r City Manager Wolff advised the City Council that since the equipment requested by
the EMS was not in the budget the City Council could authorize the issuance of
interest bearing Time Warrants to cover this purchase.
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the
City Manager be authorized to advertise for bids for the two chassis and a new
modular unit for the Emergency Medical Services, and the City Attorney be instructed
to prepare the necessary instruments for Time Warrants to fund these items.
Motion passed 5 to 0.
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Engine ingiiTttgfilb.Qf$VfdWilbTfc8e�I�]a6t6�Tidl�piI3dD1,'I(D9 in the amount
of $63,6 1.42 be paid to Lem Construction Company for Waste T , t zPl n s No.
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EN ' T E TH OUGH A IL 197 MARA��' �VING
COMPANY:-
Engineerings $otZ�Tbor work completed t�aopjgh•,4p1d O 979, by the
Marathon Paving �� impany was brought ubeW-Wi Pie u8+ nci l for
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It was moved ty o i�'man Rrauenberger, sec nded oui i�AMIAack that Engineering
P :'AMo0 xanabquafipx3 stuuaa
Estimate No.�5 for wo Meted through April 30, 197 I&htWalnut :Street
Project by the Marathon Paving & UtilityJCom any in th amount of $12,929.08 be
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Resolution No. R79-11 was re d in full by Counci oman Coppinger.
It was moved by Councilwoman oppinger, second e by CoIaRV fg Wa .lsh thg�,O
Resolution No. R79-11 be passe and Sppscl (Ms11TA@ZbcRigJ vMdS=,L f1O3
Voting "Aye" - Councilman Mack, Councilwoma Coppinger, SMRigan'1+1V n91ger,
Councilman McComb and Coup lman Wilson.
Voting "Nay" - None. tion passed 5 to 0.
Said Resolution No. R79-11 and Min der reads as follows:
ENGINEEIVS ESTIMATE NO. 3, WORK COMPLETED T11ROUGH APREL 30, 1979, LEM CONSTRUCTION
COMPANY:
Engineer' -s Estimate No. 3 for work completed through April. 30, 1979, by the Lem
- Construction Company was brought before the City Council for consideration.
It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that the
Engineer's Estimate No. 3 for work completed through April 30, 1979, in the amount
of $63,641.42 be paid to Lem Construction Company for Waste Treatment Plants No.
2 and No. 3. Motion passed 5 to 0
ENGINEER'S ESTIMATE NO. 5, WORK COMPLETED THROUGH APRIL 30, 1979, MARATHONPAVING
AND UTILITY COMPANY:
Engineer's Estimate No. 5 for work completed through April 30, 1979,, by the Marathon
Paving & Utility Company was brought before the City Council for consideration.
It was moved by Councilman Frauenberger, seconded by Councilman Mack that the
-
Engineer's Estimate No. 5 for work completed through April. 30, 1979, in the amount
of $12,929.08 be paid to Marathon Paving & Utility Company for the Walnut Street
Project. Motion passed 5 to 0.
RESOLUTION NO. R79-11, A RESOLUTION APPROVING CLAIM NO. 6 FOR THE S.'& S CONTRACTING
i COMPANY;. _
Resolution No. R79-11 was read in full by Councilwoman Coppinger.
.was -move -d -.-by Couxic.11woma.n "Copp.finger, seconded._ by Councilman Wilson_that
Resolution No. R79-11'bO passed and approved on first and only reading.
Voting "Aye" Councilman Mack, Councilwoij4n Coppinger, Councilman Frauenberger,
Councilman McComb, and Councilman Wilson.
Voting '"Nay" - None_ Motion passed S to `0.
Said Reso=lution No. R79-11 and Minute Order'read 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 14th day of
May, 1979, at the City Hall, and the roll was called of the
t.
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
r-. 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 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".ri t
NOES: None
t
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 bonstruct
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
i
to S'& S CONTRACTING CO., Houston, Texas (the "Contractor") in
the amount of $157,018.96 (the original amount of $149,200.00
having been previously increased by Change Orders Nos. 1 and 2
-1
and having now been increased by Change.Order No. 3, a true
i
copy of which. is attached hereto as Exhibit "A" and made apart.
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
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
t�
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 S.tatutes),
or any otherprovision of law; and
WHEREASp.�,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
q
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
M
said claim and authorize the payment thereof by the issuance
and delivery. -of certain of said certificates of obligation,
a11 -as shown``on said Exhibit "B" and as hereinafter set out:
AMOUNT TO BE
PAID BY ISSUANCE AMOUNT TO BE
OF CERTIFICATES PAID IN CASH
CLAIMANT OF OBLIGATION" BY CITY
S & S Contracting Co. $35,000.00 .$2,018.96
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. 3 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.
-2- _
J ' i �....r..- — r'.+r.+w�g�'M�"'"d!fMwwa�i+N' ;iM ..!R•�nr. .' `".
S &'. S CONTRACTIN CO.
By -
(A �bYl7edl Representative)
(SEAL)
Ut c, z PIL(rs t dFr�
-
(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 .�
t
By e% 2%
General.Buildin Inspector
I
RESOLUTION NO. R79-12, A RESOLUTION OPPOSING THE PASSAGE OF SENATE BILL 983 RELATING`
TO DISTRIBUTION.OF THE 1% SALES TAX BASED ON POPULATION: f
Resolution No. R79-12 was read in full by Councilman Wilson. Mayor Reid absent
from the Council Chambers and Mayor Pro Tem Frauenberger presiding.
It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that
Resolution No. R79-12 be passed -and approved on. first and only reading.._ Said
Resolution reads in caption as follows:
RESOLUTION NO. R79-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAN'D,
TEXAS, OPPOSING THE PASSAGE OF SENATE BILL 983 RELATING
_TO THE DISTRIBUTION OF`SALES TAX FUNDS..
.. V othigr-ape"` - on, lm
and Councilwoman Coppinger.
Voting "Nay" - None Motion passed 4 to.0.
Councilman; Mack absent from the. Council Chambers.
APPLICATION NO. 69, FRANKTOUSINAU, TRUSTEE, REQUEST FOR LAND USE -CHANGE:
It was moved by Councilwoman Coppinger; seconded by Councilman McComb that a'
Public Hearing be called before the Planning and Zoning Commission on Application
No. 69, Frank Tousinau, Trustee, on June 5, 1979, at 7:30,P.M. Motion passed.
5 to 0.
APPLICATION N0. 70 AND NO: 71; GAIDO-LINGLE, INC., REQUEST.:FOR LAND USE .CHANGE:
It was moved by Councilman McComb, seconded by Councilman Wilson that,a Tublic
Hearing be called before the .Planning and Zoning Commission on App)kcat-ioin No
70 and No. 71, Gaido-Lingle, Inc on June 5, 1979, at 7:30 P.M. Motion passed''
5 to 0.
CHANGE IN MEETING DATE FOR LAST MEETING IN>MAY AND FIRST MEETING IN JUNE:
Due to the Memorial Day Holiday on May.28, 1979 and the Mayor's and Councilmen's_
Conference on June ll, 1979, the change of the meeting dates was considered
by the City Council.
It was moved by Councilman Mack, seconded by Councilman Frauenberger•that the.
last regular meeting in May be changed from May 28,.1979 to May 29,.1979, _due
to.the Memorial Day JHoliday. Motion passed 5 to 0.
It was moved by Councilman Frauenberger, seconded by +Councilman'Wiisofi that the �
first meeting in June, 1979, be changed from June 11, 1979. to June..18, 1979, due.
to the Mayor.'s and Councilmen's .Conference. Motion passed 5 to 0.:,
16 -0 -
AUTHORIZATION FOR CITY TO ENTER INTO TML INSURANCE TRUST - GROUP INSURANCE ENROLLMENT
FOR CITY EMPLOYEES:
City Manager Wolff advised the City Council that the Texas Municipal League's
Insurance Trust - Group Insurance for City Employees has now been set up wherein
cities in the State may enroll in a plan for group hospitalization, medical,
accident, and life insurance for employees. Mr. Wolff recommended that the City
of Pearland participate in this program, and stated that he felt cost of the
coverage in the future would be less than the amount the City would have to pay
on the open market.
It was moved by Councilman Mack, seconded by Councilman Frauenberger that the
City Manager be authorized to enter into the TML Insurance Trust - Group Insurance
Enrollment effective June 1, 1979, through the Prudential Insurance Company.
This coverage would replace the BMA Insurance Group Policy on that date.
Motion passed 5 to 0.
OTHER BUSINESS: None.
ADJOURN:
The meeting adjourned at 10:00 P.M.
Minutes approved as submitted and/or corrected this day of
A. D.
ATTEST:
ity Secretary
1979.
c
Mayor