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1979-07-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 9, 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 Dennis Frauenberger Charles Mack Fran Coppinger Carlton McComb Morris Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Ron Wicker, Director of Planning and Transportation. APPROVAL OF MINUTES: It was moved by Councilman Mack, seconded by Councilman Wilson that the minutes of the regular meeting held on June 25, 1979, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid read a letter from Doyle E. Rogers, Vice -President of Texas Southwestern Bell Telephone Company dated June 28, 1979, regarding the Statement of Intent to Change Telephone Rates which they filed with the Public Utility Commission of Texas on June 28, 1979. This rate increase would increase one party residence customers by $1.55 per month and one party business customers by $4.65 per month, plus applicable local gross receipts charges. Mayor Reid advised that on Thursday, July 5, 1979, he attended a luncheon at the City Hall honoring William E. Wolff, City Manager, for his ten years of service with the City. Mayor Reid reported that a memorandum has been received from the Texas Park and Wildlife Department acknowledging receipt of a request for an additional grant to enable the City to increase facilities in our park by four tennis courts. They have allowed a matching grant of $53,000.00, and the City has the balance of the matching funds out of the park fund. We are awaiting formal receipt of grant authorization, and at that time we can go out for bids. Mayor Reid announced that Commissioner Billy Joe Plaster has just completed the project on Orange Street from Mykawa Road to Highway 35 and is due to be commended ,--_ for the fine job. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: None DOCKETED PUBLIC HEARINGS: APPLICATION NO. 69 - FRANK A. TOUSINAU, TRUSTEE - PLANNED UNIT TO COMMERCIAL: 'go 25.5062 acre tract of land out of Tract No. 1 of two tracts recorded in Volume No. 1437, Page 605 of the Brazoria County Deed Records, and out of Tracts No. 73 and No. 78 of the Zychlinski's Subdivision of the R.B. Lyle Survey, Abstract 542, in the City of Pearland, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Frank Tousinau advised that a good portion of this land,if rezoned commercial, would be used for built-up concrete wall office warehouses. He advised that all utilities were available to this tract of land. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: Councilman Wilson asked Mr. Tousinau if he owned the corner lot at Knapp and Highway 35. Mr. Tousinau advised him that he did not, that this property was owned by Leslie Appelt. Mayor Reid read the Planning and Zoning Commission's report advising that on June 5, 1979, the Planning and Zoning Commission approved the application. ADJOURN: The Hearing adjourned at 8:45 P.M. UNFINISHED BUSINESS: COUNCIL DECISION ON APPLICATION NO. 69, FRANK A. TOUSINAU, TRUSTEE: It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the City Attorney prepare the appropriate ordinance on Application No. 69 for change of Planned Unit to Commercial. Motion passed 5 to 0. COUNCIL DECISION ON APPLICATION NO. 68, GREEN TEE CORPORATION: The Mayor stated that the action on this item had been postponed until this meeting to allow time for the Green Tee Homeowner's Association to negotiate with Green Tee Corporation regarding the sale of the property to the Homeowner's Association. A representative of Green Tee Corporation advised that on July 3, --� 1979, she was contacted by telephone regarding the sale of this property to the Green Tee Homeowner's Association; however, since that date nothing has been heard from them. Mayor Reid advised that the Planning and Zoning Commission has recommended approval of this application to the City Council, and he felt that time was running out for the City to make a decision. Action on this matter was postponed from the meeting of June 18, 1979. It was brought out that there is still additional time for the Homeowner's Association to negotiate to buy this property since the ordinance changing the zoning requires two readings before it is final. It was moved by Councilman McComb, seconded by Councilman Mack that appropriate ordinance be prepared for Application No. 68, Green Tee Corporation's request for change in land use from Planned Unit to Office and Professional. Motion passed 5 to 0. PHILLIPS PIPE LINE COMPANY: Representatives of Phillips Pipe Line Company asked to be placed on the agenda ecificat'ous to discuss the requirements for their company to comply with7Rs set ou in the meeting of May 29, 1979. Mr. Bert E. Beeghly, Director of Technical Services for Phillips Pipe Line Company, presented a slide on pipeline safety. Mr. Beeghly went over the contents of City Engineer Malcolm Collins' review letter of June 15, 1979. This review letter was based on the Plans and Specifications submitted by Phillips Pipe Line Company on June 11, 1979, and the stipulations set out by the City Council in the meeting of May 29, 1979. The City Council reviewed Phillips' submission dated July 9, 1979, and after discussion of various items, the following motion was made: It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the latest proposal submitted by Phillips Pipe Line Company dated July 9, 1979, be amended as follows: Item No. 5 stating that automatic check valve' will be located on the North side of Clear Creek, block valve located on the South side of Clear Creek, and approximately at the South Pearland City limits be changed to automatic check valve on the North City limits and remote control valve on • the South. Item No. 11 stating that any future 'City road crossings requiring Phillips Pipe Line Company to protect their lines in any manner, this expense would be borne by Phillips Pipe Line Company rather than the City of Pearland, and with these revisions and additions,Phillips Pipe Line Company be permitted to install their liquid fuel transmission line. Motion passed 4 to 0. Councilman McComb abstained due to conflict of interest. MEETING RECESSED AT 8:50 P.M. - RECONVENED AT 9:00 P.M. RATIFICATION OF EASEMENTS FROM ALEXANDER ESTATE: City Attorney, Bobby Williams, requested that the City Council approve the deed to the Alexander Estate of the alley in Block D and that this instrument be held for delivery at the same time as the easements from the Alexander Estate to the City of Pearland on 0ld Alvin Road and Galveston.Avenue. It was moved by Councilman Wilson, seconded by Councilman McComb that the Mayor be authorized to execute the Deed of the alley in Block D'to the Alexander Estate and that this instrument be held until the exchange of deeds from the Alexander Estate to the City of Pearland on right-of-way on 0ld Alvin Road and Galveston Avenue. Motion passed 5 to 0. MARATHON PAVING & UTILITIES CONSTRUCTORS, INC.- ENGINEERING ESTIMATE NO. 6 The City Council requested that the City Engineer, Malcolm Collins, show the total contract price on the estimates submitted to the City Council in the future. A discussion was held with Mr. Collins regarding the number ofyaays as well as the progress made by this contractor on this project. Mr. Collins advised that he recommended the approval of Engineering Estimate No. 6 in the amount of $39,950.19 to the Marathon Paving and Utilities Constructors, Inc. It was moved by Councilman McComb, seconded by Councilman Mack that Engineering Estimate No. 6 to the Marathon Paving and Utilities Constructors, Inc. in the amount of $39,950.19 be approved. Motion passed 5 to 0. MARATHON PAVING `& UTILITIES CONSTRUCTORS, INC. - ENGINEERING ESTIMATE NO. 7 (WALNUT STREET): City Engineer, Malcolm Collins, recommended that this estimate be approved. It was moved by Councilman McComb, seconded by Councilman Frauenberger that Engineering Estimate No. 7 in the amount of $24,644.25 to the Marathon Paving r-- and Utilities Constructors, Inc. be approved. Motion passed 5 to 0 AUSTIN BRIDGE COMPANY - ENGINEERING ESTIMATE NO. 2 -_.(EXTENSION OF MYKAWA RD.): City Engineer, Malcolm Collins, recommended that this estimate be approved. It was moved by Councilman Wilson, seconded by Councilman McComb that Engineering Estimate No. 2 in the amount of $34,885.40 to the Austin Bridge Company be approved. Motion passed 5 to 0. X92 BROWN & ROOT, INC. - ENGINEERING ESTIMATE NO. 4 - (KNAPP ROAD): City Engineer, Malcolm Collins, recommended that this estimate be approved. It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that Engineering Estimate No. 4 in the amount of $29,813.83 to Brown & Root, Inc. be approved. Motion passed 5 to 0. BEN FELTS COMPANY - ENGINEERING ESTIMATE NO. 1 (WATER LINE MAGNOLIA RD. AREA): City Engineer, Malcolm Collins, recommended that this estimate be approved. It was moved by Councilman Mack, seconded by Councilman McComb that Engineering Estimate No. 1 in the amount of $62,970.50 to Ben Felts Company be approved. Motion passed 5 to 0. LEM CONSTRUCTION COMPANY - ENGINEERING ESTIMATE NO. 5 - (SEWER PLANTS 2 & 31: City Engineer, Malcolm Collins, recommended that this estimate be approved. It was moved by Councilman Frauenberger, seconded by Councilman Wilson that Engineering Estimate No. 5 in the amount of $127,643.33 to Lem Construction Company be approved. Motion passed 5 to 0. NEW BUSINESS: BID NO. B79-6, FORCE MAIN FROM WALNUT STREET TO SOUTH CITY LIMITS: The following bid tabulation was reviewed by the City Council: days 96,681.40 DAVID WIGHT CONSTRUCTION COMPANY, DELIVERY VENDOR BID BOND DATE AMOUNT 7-M, Inc., Alvin, Texas 5% 60 days $ 76,588.76 BELLA COMPANY, Beaumont, Texas 5% 60 days 89,895.20 MURSKI CORPORATION, Houston, Texas 5% 45 days 110,409.00 BELLEWOOD CONSTRUCTION COMPANY, Houston, Texas 5% 30 days 96,681.40 DAVID WIGHT CONSTRUCTION COMPANY, Friendswood, Texas 5% 35 days 87,687.00 SAN JACINTO BORING & TUNNELING, South Houston, Texas 5% 45 days 84,981.56 MAINLAND CONSTRUCTION COMPANY, Texas City, Texas 5% 60 days 94,879.91 GALIN CORPORATION, Houston, Texas 5% 60 days 145,266.40 BNE FELTS UTILITY CONTRACTING CO., Pearland, Texas 5% 60 days 80,617.06 INTERURBAN PIPELINES, INC., Houston, Texas 5% 30 days 69,449.60 City Engineer, Malcolm Collins, recommended that the bid be awarded to Interurban Pipelines, Inc. of Houston, Texas in the amount of $69,449.60 as the lowest and best bid. It was moved by Councilman Wilson, seconded by Councilman McComb that Bid No. B79-6 for a force main from Walnut Street to South City limits be awarded to Interurban Pipelines, Inc. of Houston, Texas in the amount of $69,449.60 and that the Mayor be authorized to sign the contract. Motion passed 5 to 0. AUDITOR FOR FISCAL YEAR ENDING SEPTEMBER 30, 1979: Mayor Reid read a proposal from Lairson, Young $ Fitch, to serve as Auditor for the fiscal year ending September 30, 1979. They stated that the fee for this service will not exceed $5,200.00 plus cash expenses. Cash expenses not to exceed $350.00. It was moved by Councilman Mack, seconded by Councilman Wilson that the City accept the proposal of Lairson, Young & Fitch to serve as Auditors for the fiscal year ending September 30, 1979, according to the stipulations and cost as set out in the proposal letter dated June 18, 1979. Motion passed 5 to 0. JAIL FACILITIES AND DISPTACHING-FOR BROOKSIDE: Mayor Reid asked that this item be placed on the next agenda after he has had an opportunity to discuss this matter with the Mayor of Brookside who is presently on vacation. HOUSTON LIGHTING $ POWER COMPANY REQUEST FOR RATE INCREASE: Mayor Reid referred to notices from the Houston Lighting & Power Company dated r-- July 2, 1979, wherein they propose to increase electrical rates in the City of Pearland unless the City take some action within 30 days from the filing. City Attorney, Bobby Williams, asked that the City Council adopt a Resolution suspending any rate changes by Houston Lighting & Power Company for a period of 120 days. He advised that during this time the Public Utility Commission will conduct investigations concerning this request. He also advised that a Public Hearing should be called in accordance with the provisions of the City Charter on this request. Resolution No. R79-17 was read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Wilson that Resolution No. R79-17 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R79-17 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUSPENDING RATE CHANGES HERETOFORE FILED BY HOUSTON LIGHTING AND POWER COMPANY; PURSUANT TO SECTION 43 (d) OF THE PUBLIC UTILITY REGULATORY ACT, ARTICLE 1446C, TEXAS REVISED CIVIL STATUTES. Voting "Aye" - Councilman Mack, Councilwoman Coppinger, Councilman Frauenberger, Councilman McComb, and Councilman Wilson. Voting "Nay" - None. Motion passed 5 to 0. It was moved by Councilman Frauenberger, seconded by Councilman Wilson that a Public Hearing be called on July 23, 1979, under Docketed Public Hearings of the regular agenda, on the request of Houston Lighting & Power Company for a rate increase. Motion passed 5 to 0. CABLE TV ORDINANCE NO. 394: City Attorney, Bobby Williams, advised that the Storer Broadcasting Company, Inc., the parent company of MECA, is not authorized to do business in the State of Texas, therefore, they cannot legally execute the ordinance heretofore passed by the City Council. He recommended that Storer Broadcasting Company be deleted from the ordinance and recommended that the surety bond be increased from $100,000.00 to $200,000.00, and the Certificate of Deposit provision be amended. He advised that an amendment to the ordinance would need to be authorized to take care of this change. It was moved by Councilwoman Coppinger, seconded by Councilman Mack that the Cable TV Ordinance No. 394 be amended to remove Storer.Broadcasting Company as a i principal in the ordinance and the surety bond provision be amended to $200,000.00 instead of $100,000.00 and the Certificate of Deposit provision be eliminated, and the City Attorney be authorized to prepare such amending ordinance. Motion passed 5 to 0. AUTHORIZATION TO BID CITY DEPOSITORY: It was moved by Councilman McComb, seconded by Councilman Frauenberger that the City Staff be authorized to bid for a new City Depository and that the City Treasurer submit bid proposals to the Pearland State Bank, First National Bank k_ cJ of Pearland, and Community State Bank and that these bid proposals be submitted to the President of each of these three banks for their consideration, and that publicly August 27, 1979, by the City Council. Motion the sealed bids be opened passed 5 to 0. RESOLUTION NO. R79-18, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE LICENSE BETWEEN THE A.T.& S.F. RAILWAY COMPANY AND THE CITY OF PEARLAND RELATING TO CRnSSTNG OF WATER T.TNF ON MAGNOT.TA POAn _ Resolution No. R79-18 was read in full by Councilman Wilson. It was moved by Councilman Wilson, seconded by Councilman Frauenberger that Resolution No. R79-18 be passed and approved and that Section 8 be deleted under the Pipe Line License. Said Resolution reads as follows: BE IT KNOWN that on this the 9th day.of July, 1979, at a regular meeting of the governing body of the City of Pearland, there came on to be considered the matter of the execution of a license between the said City of Pearland, and The Atchison, Topeka and Santa Fe Railway Company, relating to water line crossing at MP 10'+ 3745.2 in Pearland, Texas File: CT 28390 at or near said City of Pearland, Texas, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Tom Reid, Mayor, be authorized and empowered to execute on behalf of the City of Pearland, Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. Forst 163$ Standard (Approved by General Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this -______25th _-.qday corporation (hereinafter called "Licensor"), the first part, and ________________ CITY _OF, PEARLAND,�TEXAS _ a �tun3cipal corporation,_ ac�in�_ hereby_b_y__ its May or_ hereunto -duly authorized, (hereinafter, whether one or more, called "licensee'), party W the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct andmaintain— (I ) pipe line__-__., __X10.0 - _--inches In diameter (hereinafter, whether one or more pipe lines, called 'the "PIPE LINE"), across or along the right of way of Licensor at or near the station of --- PUrland„_._ _3raznr4a Co -_____--the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.____ X-29$ __ , dated_.. June 1979,_ " marked Exhibit A and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying _----ar -- _--- ---_ -� and shall not use it to carry any other commodity or for any other purpose whatsoever. S. Licensee shall pay Licensor as compensation for this license the sum of One Hundred Fifty `and No(100ths Dollars ($150.00). 4. Licensee shall, at its own cost and subject to the supervision and control of Licenser's chief engineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property. of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall bei constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licence shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Li- censor may, at its option, itself perform such work; as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to per- form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage '` ©ecasioned thereby. _ .... _. 5. Licensee shall reimburse Licensor for 'any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all toss, damage or expense that Licensor may sustain,.. incur or become liable for, resulting in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or wcpense arising out of (a) loss of or. damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor• may at its election forthwith revoke this license. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premfskqM4(n1 which the PIPE LINE is Iocated, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate --part of ' any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by ' Licensor to Licensee shall be deemed to be properly served" if it be deposited in the United States Mail, postage prepaid," addressed to Licensee _Peaxan wxaa':775s Any notice to be given hereunder by Licensee to +Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensoes__-__ Division 3uperizttendent ' �at` P 0 Box 957,-TemP3-e� T€ _16501., 11. In the event "that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee,in this license shall be the joint and several covenants and agreements of such parties. s k. 12.- All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be bind- ing upon Licensor without the written consent of Licensor in each instance. .t.`'v C, t= !.r IN WITNESS WHEREOF, The - parties have executed this agreement in duplicate the day and year first above written. _ - THS _ATCHISON, TO E"D SANTA FE ItAILT,�AY COi T'ANY� (Licensor) Approved as to Description: q Chief. Engineer. I r-- ---------- (Licensee) - Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger, Voting "Nay" - None. Y Motion passed 5 to 0. I ORDINANCE NO. 400, AN ORDINANCE AUTHORIZING THE ISSUANCE OF EMERGENCY MEDICAL SERVICES TIME WARRANTS: Ordinance No. 400 was read in caption by Councilwoman Coppinger. (First Reading) dr i.. �v. ,ez. .:. ..:.._.. r..... .m r,.,-4 «.. ._.• -.. 5 .t ... t`... .... e.�...�rn�.. i'vd.. _"_ S It was moved by Councilman Mack, seconded by Councilman Frauenberger that Ordinance No. 400 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 400 AN ORDINANCE AUTHORIZING THE ISSUANCE OF EMERGENCY MEDICAL SERVICES TIME WARRANTS OF THE CITY OF PEARLAND, TEXAS; PRESCRIBING THE TERMS AND CONDITIONS THEREOF AND UPON WHICH SUCH WARRANTS SHALL BE ISSUED; LEVYING TAXES TO PROVIDE THE PAYMENT THEREOF; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger, Councilman McComb, and Councilman Wilson. Voting "Nay" - None. Motion passed 5 to 0. APPLICATION NO. 73, LOUIS A. CORTE, AGENT - CHANGE IN LAND USE: It was moved by Councilman Mack, seconded by Councilman Wilson that a Public Hearing before the Planning and Zoning Commission on Application No. 73 be called for 7:30 P.M., July 24, 1979. Motion passed 5 to 0. RECESS TO EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECT. 2, SUBSEC. (e)LEGAL AND SUBSEC. (f) PURCHASE, EXCHANGE, OR VALUE OF REAL ESTATE - RETURN TO OPEN SESSION: ADJOURN: The meeting adjourned at 10:15 P.M. Minutes approved as submitted and/or corrected this 3 day of A. D., 1979. f, Mayor ATTEST: City Secretary