1979-08-27 CITY COUNCIL REGULAR MEETING MINUTES20
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON AUGUST 27, 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
Fran Coppinger
Councilman
Carlton McComb
Councilman
Morris Wilson
City Manager
William E. Wolff
City Attorney
Bobby J. Williams
City Secretary
Dorothy L. Cook
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Mayor Reid. The Pledge of Allegiance was led by
Councilman McComb.
BID OPENING - BID NO. B79-8, CITY DEPOSITORY:
Mayor Reid submitted into the records sealed bids received by him before 7:30 P.M.
on August 27, 1979. Two bids, one from the Pearland State Bank and one from the
First National Bank of Pearland were submitted.
The bids were then opened and the following proposals were submitted.
PEARLAND STATE BANK: NOTICE TO BANKING INSTITUTIONS
IN THE CITY OF PEARLAND AREA
Notice is hereby given that the Governing Body of the City of Pearland
subject to applicable provisions of the laws of the State of Texas will receive
applications from all interested banking institutions in the City of Pearland
area to serve as prime depository of the City of Pearland and maintain custody of
the funds of the City for a period of three years from October 1, 1979, through
September 30, 1982. Any such applications shall be delivered to the office of
the Mayor in the City Hall prior to 7:30 P.M., August 27, 1979, to be opened
publicly by the City Council at that time.
This form consists of two bid plans which will hereafter be referred to
as Plan "A" and Plan "B". Please note that Plan "A" is based upon the same interest
rates prevailing throughout the three year period. Plan "B" is a quarterly system
consisting of twelve (12) numbered quarters over the three year period. The quarters
are outlined as follows:
QUARTER #1 October 1, 1979 through December 31, 1979
QUARTER #2 January 1, 1980 through March 31, 1980
QUARTER #3 April 1, 1980 through June 30, 1980
QUARTER #4 July 1, 1980 through September 30, 1980
QUARTER #5 October 1, 1980 through December 31, 1980
QUARTER #6 January 1, 1981 through March 31, 1981
QUARTER #7 April 1, 1981 through June 30, 1981
QUARTER #8 July 1, 1981 through September 30, 1981
QUARTER #9 October 1, 1981 `through December 31, 1981
QUARTER #10 January 1, 1982 through March 31, 1982
QUARTER #11 April 1, 1982 through June 30, 1982
QUARTER #12 July 1, 1982 through September 30, 1982
Furthermore, under Plan "B", the rates for time deposits during the
quarters heretofore specified shall be negotiated between the parties, but at
the option of the City, shall not be fixed at a rate less than the average rate
paid by the three (3) largest banks in Houston, Texas (First City National Bank,
Texas Commerce Bank, and Bank of the Southwest) and the three (3) largest banks
in Dallas, Texas (First National Bank, Republic National Bank, and Mercantile
National Bank) for similar amounts of money deposited for similar periods of time
on the last business day preceding the period involved. These average rates shall
be rounded to the nearest 1/8 of 1%.
All interested banking institutions are requested to bid by filling in
the blanks and agreeing to the following specifications.
211
In addition to the normal services and supplies furnished by the depository
bank, the following services are standard and common to most depository contracts.
The City of Pearland needs these services and expects them to be furnished at no
charge as a part of this proposal.
Paying Agent for Warrants Night Depository Service including Bags and Keys
Checks furnished Transportation Services
Safe Deposit Boxes Money Orders and Cashier's Checks
Coin Wrappers Wire Transfer Service
Bidders are requested to submit any further concessions or services which
they may want to offer to the City of Pearland and make any comments as further
consideration in selecting the City's depository.
All monies which are deposited into the depository under the provisions
of this proposal shall be continuously secured, in accordance with the laws of
the State of Texas applicable thereto, by a valid pledge of direct obligations
having a par value or market value when less than par, exclusive of accured interest,
at all times at least equal to the total amount of money on deposit in said several
funds on deposit in the depository.
All time deposits or time certificates of deposit which have not elapsed
on the termination date of the finally approved depository contract, shall remain
on deposit with the same depository under the same terms and conditions in effect
during said contract until the date such time deposits have elapsed.
The City of Pearland reserves the right to accept or reject any or all
bids, and to accept the bid the City considers the most advantageous.
In the event it is desired to submit an alternate bid for a period of
time different from Plans "A" and "B", the terms of such proposal should be submitted
Effective Annual
Interest Rates
PLAN "A" PLAN "A''
For Three Years
---------------------------------------
I.
Demand Deposits
II.
Time Deposits
A.
Multiple Maturities:
1. 30-59 days
2. 60-89 days
3. 90-119 days
'—
4. 120-179 days
S. 180-269 days
6. 270-364 days
7. One year and over
Fixed Maturities and/or Certificates of Deposit under $100,000.00:
1.
30
- 59 days
5/8 of 1% over the rate of discount quoted on U.S.
Treasury Bills of equivalent maturity, but not exceeding
rates permitted under Regulation Q of the Federal
Reserve System.
2.
60
- 89 days
it
3.
90
- 119 days
"
4.
120
- 179 days
"
5.
180
- 269 days
6.
270
- 364 days
"
7.
One
year and over
"
Fixed Maturities and/or Certificates of Deposit over $100,000.00:
1.
30
- 59 days
5/8 of 1% over the rate of discount quoted on U.S.
Treasury Bills of equivalent maturity, but not exceeding
rates permitted under Regulation Q of the Federal
Reserve System.
2.
60
- 89 days
"
3.
90
- 119 days
"
4.
120
- 179 days
"
S.
180
- 269 days
"
6. 1
270
- 364 days
"
Charges,
if any, for handling
of checks and deposits: No Charge
Charges,
if any, for handling
of temporary overdrafts: No Charge
Rate
of
interest, if any, to
be charged on loans and maximum loan limit: 6%
In addition to the normal services and supplies furnished by the depository
bank, the following services are standard and common to most depository contracts.
The City of Pearland needs these services and expects them to be furnished at no
charge as a part of this proposal.
Paying Agent for Warrants Night Depository Service including Bags and Keys
Checks furnished Transportation Services
Safe Deposit Boxes Money Orders and Cashier's Checks
Coin Wrappers Wire Transfer Service
Bidders are requested to submit any further concessions or services which
they may want to offer to the City of Pearland and make any comments as further
consideration in selecting the City's depository.
All monies which are deposited into the depository under the provisions
of this proposal shall be continuously secured, in accordance with the laws of
the State of Texas applicable thereto, by a valid pledge of direct obligations
having a par value or market value when less than par, exclusive of accured interest,
at all times at least equal to the total amount of money on deposit in said several
funds on deposit in the depository.
All time deposits or time certificates of deposit which have not elapsed
on the termination date of the finally approved depository contract, shall remain
on deposit with the same depository under the same terms and conditions in effect
during said contract until the date such time deposits have elapsed.
The City of Pearland reserves the right to accept or reject any or all
bids, and to accept the bid the City considers the most advantageous.
In the event it is desired to submit an alternate bid for a period of
time different from Plans "A" and "B", the terms of such proposal should be submitted
212
on a duplicate bid sheet and marked "Alternate Proposal" within the designated
time period.
By s/Lloyd R. Ferguson
Title Chairman of Board
Date: August 27, 1979
FIRST NATIONAL BANK OF PEARLAND:
Mayor Tom Reid
City of Pearland
P.O. Box 1157
Pearland, Texas 77581
Dear Mayor Reid:
s/Tom Reid
Mayor, City of Pearland
Name of Bank Pearland State Bank
"August 27, 1979
The First National Bank of Pearland, Pearland, Texas, hereinafter referred to as
the "Bank", hereby submits application to be designated as the depository for
the City of Pearland, Texas, hereinafter referred to as the "City", for the three
year period beginning October 1, 1979 through September 30, 1982, in response to
your "Notice to Banking Institutions In The City of Pearland Area" delivered by
the City Secretary August 9, 1979.
Please note that the attached application is Marked "Alternate Proposal" in
accordance with the final paragraph of said Notice. We feel that because the
application is being submitted for a three year period the alternate proposal
will be the fairest approach for both the City and the Bank.
We have also been advised to point out that some members of the Pearland City
Council and/or their spouses are also stockholders of the Bank. These members
are Dennis Frauenberger, Fran Coppinger, and Carlton McComb. In addition, City
Manager William E. Wolff is also a stockholder of the Bank. In the aggregate
these City officials and/or their spouses own a total of 6,550 shares or a total
of 6.550% of the total outstanding stock of the bank. This information is
specifically submitted in reference to article 2529C, Section 2, Revised Civil
Statutes of Texas.
The First National Bank of Pearland wishes to express its thanks to the City of
Pearland for the opportunity to submit this proposal to serve as depository for
the City. Should we be so designated we will do our utmost to provide the type
of service deserved by the City.
VCB:djg"
Yours very truly,
s/Victor C. Bane
President
NOTICE TO BANKING INSTITUTIONS IN
THE CITY OF PEARLAND AREA
Notice is hereby given that the Governing Body of the City of Pearland
subject to applicable provisions of the laws of the State of Texas will receive
applications from all interested banking institutions in the City of Pearland
area to serve as prime depository of the City of Pearland and maintain custody
of the funds of the City for a period of three years from October 1, 1979, through
September 30, 1982. Any such applications shall be delivered to the office of
the Mayor in the City Hall prior to 7:30 P.M., August 27, 1979, to be opened
publicly by the City Council at that time.
This form consists of two bid plans which will hereafter be referred
to as Plan "A" and Plan "B". Please note that Plan "A" is based upon the same
interest rates prevailing throughout the three year period. Plan "B" is a
quarterly system consisting of twelve (12) numbered quarters over the three year
period. The quarters are outlined as follows:
QUARTER
#1
October
1, 1979
through
December
31, 1979
QUARTER
#2
January
1, 1980
through
March 31,
1980
QUARTER
#3
April 1,
1980
through
June 30,
1980
QUARTER
#4
July 1,
1980
through
September
30, 1980
QUARTER
#5
October
1, 1980
through
December
31, 1980
QUARTER
#6
January
1, 1981
through
March 31,
1981
QUARTER
#7
April 1,
1981
through
June 30,
1981
QUARTER
#8
July 1,
1981
through
September
30, 1981
QUARTER
#9
October
1, 1981
through
December
31, 1981
QUARTER
#10
January
1, 1982
through
March 31,
1982
QUARTER
#11
April 1,
1982
through
June 30, 1%2
1982
QUARTER
#12
July 1,
1982
through
September
1
21.E
Furthermore, under Plan "B", the rates for time deposits during the
quarters heretofore specified shall be negotiated between the parties, but at the
option of the City, shall not be fixed at a rate less than the average rate paid
by the three (3) largest banks in Houston, Texas (First City National Bank, Texas
Commerce Bank, and Bank of the Southwest) and the three (3) largest banks -in
Dallas, Texas (First National Bank, Republic National Bank, and Mercantile National
bank) for similar amounts of money deposited for similar periods of time on the
last business day preceding the period involved. These average rates shall be
rounded to the nearest 1/8 of 1%.
All interested banking institutions are requested to bid by filling in
the blanks and agreeing to the following specifications:
I. Demand Deposits
II. Time Deposits
A. Multiple Maturities:
1. 30-59 days
2. 60-89 days
3. 90-119 days
4. 120-179 days
5. 180-269 days
6. 270-364 days
7. One year and over
Fixed Maturities and/or Certificates
of Deposit under $100,000.00:
1. 30-59 days
2. 60-89 days
3' 90-119 days
4. 120-179 days
5. 180-269 days
6. 270-364 days
7. One year and over
Fixed Maturities and/or Certificates
of Deposit over $100,000.00:
1. 30-59 days
2. 60-89 days
3. 90-119 days
4. 120-179 days
5. 180-269 days
6. 270-364 days
Effective Annual Interest Rates
Plan "A" Plan "B"
For -Three -Years
SEE ATTACHED ALTERNATE
PROPOSAL
SEE ATTACHED ALTERNATE
PROPOSAL
SEE ATTACHED ALTERNATE
PROPOSAL
Charges, if any, for handling of checks and deposits: None
Charges, if any, for handling of temporary overdrafts: None
Rate of interest, if any, to be charged on loans and maximum loan limit:
6.000% - $100,000.00
In addition to the normal services and supplies furnished by the
depository bank, the following services are standard and common to most depository
contracts. The City of Pearland needs these services and expects them to be
furnished at no charge as a part of this proposal.
Paying Agent for Warrants Night Depository Service including Bags and Keys
Checks furnished Transportation Services
Safe Deposit Boxes Money Orders and Cashier's Checks
Coin Wrappers Wire Transfer Service
Bidders are requested to submit any further concessions or services which
they may want to offer to the City of Pearland and make any comments as further
consideration in selecting the City's depository.
All monies which are deposited into the depository under the provisions
of this proposal shall be continuously secured, in accordance with the laws of
the State of Texas applicable thereto, by a valid pledge of direct obligations
having a par value or market value when less than par, exclusive of accrued interest,
at all times at least equal to the total amount of money on deposit in said several
funds on deposit in the depository.
All time deposits or time certificates of deposit which have not elapsed
on the termination date of the finally approved depository contract, shall remain
on deposit with the same depository under the same terms and conditions in effect
during said contract until the date such time :deposits have elapsed.
The City of Pearland reserves the right to accept or reject any or all
bids, and to accept the bid the City considers the most advantageous.
In the event it is desired to submit an alternate bid for a period of
time different from Plans "A" and "B", the terms of such proposal should be
submitted on a duplicate bid sheet and marked "Alternate Proposal" within the
designated time period.
By s/Victor C. Bane s/Tom Reid
Mayor, City of Pearland
Title President
Date August 27, 1979 Name of Bank First National Bank of Pearland
APPLICATION FOR CITY DEPOSITORY - ALTERNATE PROPOSAL
I. DEPOSITORY
The Bank does hereby agree to maintain all accounts of the City,
including bond fund accounts, according to the wishes and desires of the City,
or its proper and legally designated representative or representatives, in
compliance with all of the provisions of the laws of the State of Texas relating
to City Depositories. In this connection, it is expressly understood that at all
times the City, acting through its appropriate authorities, shall have the power
to determine which of its funds is to be deposited as "Demand Deposits", "Time
Deposits" and "Savings Deposits".
II. SECURITIES PLEDGE
All monies which are deposited with the Bank under the provisions of
this proposal shall be continuously secured, in accordance with the laws of the
State of Texas applicable thereto, by a valid pledge of direct obligations having
a par value, or market value when less than par, exclusive of interest, at all
times at least equal to the total amount of money on deposit in said several
funds by the City with the Bank. It is agreed that the City shall reserve the
right to alter from time to time the required amount of securities to be
sufficiently adequate to protect said funds and to approve or reject the securities
so pledged. It is further understood that the Bank shall have the right and
privilege of substituting securities upon obtaining the approval of the City,
provided the total amount of securities deposited is adequate under law.
III. TIME DEPOSITS
Throughout the period during which the Bank shall act as the depository
for the City under this proposal, the Bank agrees to accept all funds of the City
presented for deposit in a "Time Deposit" account for a period of thirty (30)
days or more and the Bank agrees that it will pay interest on each of such "Time
Deposits" as per the following schedule:
A. Time Deposits of $100,000 or more
The Bank will pay 3/10 of 1% under the rate of discount on
U.S. Treasury Bills of the approximately same maturity for
any length of time over 30 days and up to one year. For
time deposits in excess of one year maturity the Bank will
pay 3/10 of 1% less than the average yield on Treasury Notes
of the same maturity.
B. Time Deposits of less than $100,000
The Bank will pay the maximum interest rate permitted for such
deposits by the regulations and all supplements thereto, of the
Board of Governors of the Federal Reserve System and the
regulations of the Federal Deposit Insurance Corporations.
Presently, these regulations permit the payment of interest
on multiple maturity and single maturity time deposits of
less than $100,000 at an annual rate of 8.00%.
For purposes of this subsection the equivalent applicable Treasury
Bill or Treasury Note rate is defined as that rate published in the Wall Street
Journal on the day of investment or reinvestment by the City of the funds.
The maturity value of the Treasury Bills or Treasury Notes shall be determined
by the medium of the Bid and ask prices as quoted by the Wall Street Journal.
Interest is to be calculated on a 365 day basis and carried to three (3)
decimal places.
IV. SAVINGS
In the event any of the funds of the City are invested in a "Savings
Deposit" account at any time during which the Bank shall act as the depository
for the City under this proposal, the Bank agrees to accept "Savings Deposits"
of the City and pay interest thereon of five and one-quarter (544%) percent per
annum, which is the maximum interest set forth for the account by Part 329,
Federal Deposit Insurance Corporation Regulations and supplement to Regulation
Q, Federal Reserve System at the present time. Interest payable on "Savings
Accounts" under this provision shall be compounded and paid quarterly and
interest payments will be calculated by using the "Date of Deposit until Date
of Withdrawal" method allowing the City to withdraw all.or any part of these
funds at any time and from time to time without any loss of interest penalty
for withdrawal.
V. RATES GUARANTEED
The interest rates specified herein for "Time Deposits" and "Savings
Deposits" shall apply throughout the period of the depository agreement created
under this proposal even if the applicable regulations are changed to lower the
maximum interest rates below the rates proposed hereunder. A change in regu-
lations lowering rates hereafter will not affect our binding contract with the
City under this proposal since the law will respect contracts previously executed.
VI. LOANS TO CITY
While the Bank acts as depository for the City under this proposal,
the Bank will lend to the City such money, up to the maximum legal lending limit
of this institution, as the City needs from time to time, based upon legally
created obligations of the City. The Bank will charge interest on such loan or
loans at the rate of 6.000% per annum. This lending agreement shall not apply
to loans for capital improvements or loans for a period of more than twelve months.
VII. COLLECTION OF ACCOUNTS
The Bank does hereby agree to develop an operating system free of
cost to the City, whereby customers of the City -owned water and sewer system
would be allowed to pay their monthly water and sewer bill through the paying
and receiving tellers of the Bank. Funds received from such payments would be
either deposited to the appropriate City account or delivered with supporting
documents to the City in the form of a Cashier's Check on a daily basis. If
payments of water and sewer bills are made by customers of the City through
any other bank in this area, we will receive those payments from such other
banks for the account of the City and, in turn, deliver them to the City with
supporting documents.
VIII. OTHER SERVICES
In addition to the foregoing, the Bank agrees to perform the
following services for the City at no cost:
(a) Checks Furnished
To furnish all printed checks, coin wrappers, and all other
banking stationery of the quantity, quality and type needed
to transact the banking business of the City, including bank
deposit slips, bank deposit books and money deposit bags.
(b) Statements
To furnish the City with bank statements on each account of
the City on such date or dates as may be required by the City
showing debits, credits and balance of each separate fund.
(c) Records of Accounts
To furnish all other accounts, reports and records, to the
City as may be required by law or requested by the City.
(d) Diligent Service
To handle all City accounts in accordance with generally
accepted banking practices.
(e) No Service Charge
To make no charge for handling all City accounts regardless
of average balance or activities.
(f) Safe Deposit Box
To furnish safe deposit box of sufficient capacity for the
needs of the City.
(g) Overdrafts
To make no charge for any overdrafts which occur from time
to time in any demand account of the City.
(h) Bond Agent
To act as paying agent for principal and/or interest on all
City debt obligations.
(i)
Investment Advice
To advise and counsel the City on the investment, longterm
or otherwise, of any of the funds of the City, including
advices of investment counselors whose services are available
to the Bank. In this connection, it is understood that the
City reserves the right to invest any and all of its funds in
bonds of the United States of America or other type of bonds,
securities, certificates, warrants and all others in which the
City is authorized to invest.
(j) Night Depository
To furnish twenty-four hour "night" depository service and
to provide such keys and depository night locking bags as
may be needed by the City.
(k) Money Order and/or Cashiers Checks
To provide Money Orders and/or Cashiers Checks to the City,
if and when the City has need of same.
(1) Wire Transfers
To handle outgoing and incoming wire transfer service as needed.
IX. LEGAL AUTHORITY
The Bank has no officers, directors, or stockholders serving as a
member or members of the City Council or other body charged by law with the
duty of selecting the City Depository who individually or collectively own or
have a beneficial interest in more than ten (10%) percent of the Bank's out-
standing capital stock. The Bank is legally authorized to make this application
to be designated as a depository for the City of Pearland in accordance with
the provisions of Article 2529c, Section 2, Revised Civil Statutes of Texas.
X. CITY BID FORM APPLICATION
The application form prescribed by the City which accompanied the
Legal Notice, City of Pearland, Texas, Bid No. B79-8 has been executed by the
Bank and is attached hereto and made a part of this application for all purposes.
The statements, provisions and commitments set forth therein are made a part
of this application except insofar as they may be inconsistent with the proposals
set forth in this alternate proposal; where inconsistencies appear between the
statements set forth herein and those contained in the bid form, the provisions
of this proposal shall prevail.
Mayor Reid read the submitted..bids aloud and then he requested that the City
Attorney advise the City Council regarding the legality of voting, Charter
requirements, and State requirements.
City Attorney Williams advised that under State Statutes 2529c one of the factors
in this particular statute states that any officer, director or stockholder of
a bank submitting a bid that has a place on the City Council must refrain from
taking any action whatsoever on the depository bids. City Attorney Williams
requested that the Mayor poll the City Council to determine if any members were
officers, directors or stockholders of the banks submitting bids. Mayor Reid
polled the Council as follows:
Officer, Director or Stockholder of Pearland State Bank: Councilman Wilson -
no; Councilman McComb - no; Councilman Frauenberger - no; Councilman Mack - no;
and Councilwoman Coppinger - no; Mayor Reid stated that he was not an officer,
director or stockholder of the Pearland State Bank.
Officer, Director or Stockholder of First National Bank of Pearland: Councilman
Wilson - no; Councilman McComb - yes; Councilman Frauenberger - yes; Councilman `J
Mack - no; and Councilwoman Coppinger - yes; Mayor Reid stated that he was not
an officer, director or stockholder of the First National Bank of Pearland.
City Attorney Williams further stated that the 2529c of the Statutes states that
not only shall they not vote if they are an officer, director or stockholder,
but they must refrain from taking any action on the subject. He also advised
that under the circumstances only Councilman Wilson and Councilman Mack could
take any action on the bids, with the Mayor breaking a tie vote if necessary.
CHANGE IN ORDER OF BUSINESS - NEW BUSINESS:
DECISION ON BID NO. B79-8, CITY DEPOSITORY:
It was moved by Councilman Mack, seconded by Councilman Wilson that a copy of the
bid proposals submitted be delivered to the firm of Lairson, Young & Fitch,
Auditors, for review. Motion passed 2 to 0.
APPROVAL OF MINUTES:
r- It was moved by Councilman Mack, seconded by Councilman Wilson that the minutes of
the Public Hearing held on August 9, 1979 be approved as submitted. Motion passed
5 to 0.
It was moved by Councilman Frauenberger, seconded by Councilman Mack that the
minutes of a regular meeting held on August 13, 1979, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid presented the following Proclamations:
Founder's Day - September 22, 1979
Jerry Lewis Muscular Dystrophy Telethon Weekend - September 2 & 3, 1979
Y.M.C.A. Recognition Week - September 8 through September 15, 1979.
Mayor Reid announced that Certificates of Appreciation were prepared and executed
for the following: Preston Bullard; Dr. Jerry Armbruster; Dresser Atlas;
Memorial Southeast; Life Flight; and South Park Funeral Home.
Additional Certificates of Appreciation will be issued from time to time thanking
various individuals and organizations for assistance during the Flood.
�- Mayor Reid announced the appointment of Joe Singleton as Assistant Civil Defense
Coordinator for the City and Ray L. Blaylock, Jr. as Deputy Assistant Civil
Defense Coordinator. The Oath of Office as.prescribed in the Code was administered
to these individuals.
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS: None
CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
ORDINANCE NO. 394-1, CABLE TV ORDINANCE:
Ordinance No. 394-1 was read in caption by Councilwoman Coppinger. (Second Reading)
It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that Ordinance
No. 394-1 be passed and approved on second and final reading. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 394-1
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
MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE
CITY AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING
OF THIS FRANCHISE; PROVIDING AN EFFECTIVE DATE; PROVIDING
A REPEALING CLAUSE; AND 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.
ORDINANCE NO. 402, ADOPTING REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD
BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980:
Ordinance No. 402 was read in caption by Mayor Reid. (Second Reading)
I8
It was moved by Councilman McComb, seconded by Councilman Frauenberger that
Ordinance No. 402 be passed and approved on second and final reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 402
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING
BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1,
1979 AND ENDING SEPTEMBER 30, 1980.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger,
Councilman Mack, and Councilwoman Coppinger.
Voting "Nay" - None Motion passed 5 to 0.
ORDINANCE NO. 403, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980:
Ordinance No. 403 was read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that
Ordinance No. 403 be passed and approved on second and final reading. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 403
AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980.
Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
ORDINANCE NO. 404, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE
MUNICIPAL GOVERNMENT AND PROVIDING AN INTEREST AND SINKING FUND:
Ordinance No. 404 was read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Wilson, seconded by Councilman Mack that Ordinance
No. 404 be passed and approved on second and final reading. Said Ordinance No.
404 reads in caption as follows:
ORDINANCE NO. 404
AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF
THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS,
AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE
TAXABLE YEAR 1979 AND APPORTIONING EACH LEVY FOR THE
SPECIFIC PURPOSE.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger,
Councilman Mack, and Councilwoman Coppinger.
Voting "Nay" - None Motion passed 5 to 0.
PORTABLE AND TEMPORARY SIGNS:
Mayor Reid reported that a workshop was held on August 20, 1979 at which time a
discussion was held regarding a proposed comprehensive sign ordinance. The Mayor
advised that additional workshops would be needed on the drafting of the
comprehensive sign ordinance.
It was moved by Councilman Wilson, seconded by Councilman McComb that the
City Attorney submit to the City Council a proposal for a portable sign ordinance
and prepare a draft of a comprehensive sign ordinance as proposed by the City
Council in the workshop meeting.
Under discussion, it was brought out that the ordinance should contain the
following additional regulations:
1. Portable sign ordinance will phase into the comprehensive
sign ordinance when it has been prepared and brought before
the City Council.
2. Portable signs be prohibited on public right-of-ways.
3. Signs be placed in a manner so as not to obstruct vision of
the driving public.
219
4. A permit should be issued for portable signs and this permit
would be to show that the owner of the property had given
permission to install the sign.
5. Safety regulations to keep the signs from blowing over and
breaking up and causing damage during high winds and rains.
6. Time limit on portable signs.
Mayor Reid called for a vote on the motion. Motion passed 5 to 0.
Mayor Reid asked that call of a workshop meeting on the proposed comprehensive
sign ordinance be placed on the next regular agenda.
LEASE AGREEMENT - DEPOT BUILDING:
The City Attorney advised that this item was not ready.
RATIFICATION OF EASEMENTS FROM ALEXANDER ESTATE:
The City Attorney advised that this item was not ready.
NEW BUSINESS:
ORDINANCE NO. 246-58, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE (APPLICATION NO. 70 AND NO. 71, GAIDO-LINGLE COMPANY, INC.)
Ordinance No. 246-58 was read in caption by Mayor Reid. (First Reading)
It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that Ordinance
No. 246-58 be passed and approved on first reading. Said Ordinance reads in
caption as follows:
ORDINANCE NO. 246-58
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;
PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP;
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger,
Councilman Mack, and Councilwoman Coppinger.
Voting "Nay" - None Motion passed 5 to 0.
ORDINANCE NO. 246-59, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE (APPLICATION NO. 72, LOUIS A. CORTE, AGENT):
Director of Planning and Transportation, Ron Wicker, advised that one of the
things that goes along with Zone District is the requirement as far as roads,
utilities, etc. and it was his thought that before the zoning change could
actually take place, some plans for this zone change would have to be accepted
by the City Council. He advised that so far only preliminary plans have been
submitted and there are some questions on those. He recommended that before any
action on the zone change takes place a plan be accepted by the City Council.
He advised that approval of the plat.is part of the zoning.
Mayor Reid stated that this matter would be placed on the next agenda of the
regular Council meeting.
OPERATIONAL CONTRACT FOR SANITARY LANDFILL:
�-- It was moved by Councilman Mack, seconded by Councilman McComb that the City
Manager be authorized to bid operation of the sanitary.landfill and that on a
temporary basis continue to pay $4,320.00 to Norman Chennault until such time
as the bids are received and awarded. Motion passed 5 to 0.
RAILROAD CROSSING DESIGN ON MYKAWA ROAD:
City Manager Wolff advised that we have a problem on the design of Mykawa Road at
its intersection with Knapp Road. The railroad crossing has always been -a
problem due to its steep approach on the Mykawa Road side. City Manager Wolff
advised that he has discussed this problem with Malcolm Collins, City Engineer,
and he has made some modifications in the plans so that the road level at the
railroad tracks would not be so abrupt.
MEETING RECESSED AT 9:20 P.M. - RECONVENED AT 9:30 P.M.
It was moved by Councilman McComb, seconded by Councilman Mack that the Council
generally approve the design as exhibited tonight by the City Engineer and that
the final plans be submitted back to the City Council for approval before bidding.
Motion passed 5 to 0.
It was brought out that the State may be as long as one year before repairing
F.M. 518 at Clear Creek and Cullen, and if Mykawa Road was closed for construction
of the Mykawa Road Project, this would leave only Highway 35 as the main North
ingress and egress out of the City.
RESOLUTION NO. R79-21, A RESOLUTION DESIGNATING THE BRAZORIA COUNTY APPRAISAL
DISTRICT TO APPRAISE AND VALUE ALL LAND, IMPROVEMENTS AND PERSONAL -PROPERTY
WITHIN THE CORPORATE LIMITS OF PEARLAND:
Resolution No. R79-21 was read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that
Resolution No. R79-21 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
RESOLUTION NO. R79-21
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DESIGNATING THE BRAZORIA COUNTY APPRAISAL DISTRICT
TO APPRAISE AND VALUE ALL LAND, IMPROVEMENTS AND PERSONAL
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PEAR -
LAND AS PRESCRIBED IN SENATE BILL 621.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger,
Councilman Mack, Councilwoman Coppinger.
Voting "Nay" - None Motion passed 5 to 0.
AUTHORIZATION FOR MAYOR TO EXECUTE QUESTIONAIRE REGARDING INFORMATION REQUESTED
BY BRAZORIA COUNTY AND HARRIS COUNTY APPRAISAL DISTRICTS:
It was moved by Councilman Mack, seconded by Councilman McComb that the Mayor
be authorized to execute the two documents on tax information for Brazoria County
Appraisal District and Harris County Appraisal District. Motion passed 5 to 0.
OTHER BUSINESS:
EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (f), PURCHASE
EXCHANGE, LEASE OR VALUE OF REAL PROPERTY AND (g) PERSONNEL.
RETURNED TO OPEN SESSION AT 10:30 P.M. - NO ACTION.
ADJOURN: The meeting adjourned at 10:31 P.M.
Minutes approved as submitted and/or corrected this /d day of
S4 , A. D., 1979.
Mayor
ATTEST:
C:2"
City Secretary