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1979-11-13 CITY COUNCIL REGULAR MEETING MINUTESn 9 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 13, 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/Mayor Pro`Tem 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 Evan Middleton, President of the Corrigan Civic Club. The Pledge of Allegiance was led by City Manager William E. Wolff. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that the minutes of the regular meeting held on October 22, 1979, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid announced that he and City Manager Wolff planned to attend a meeting in Alvin on Thursday, November 15, 1979, being held by Representative Ron Paul on flood control. A report on this meeting will be made to the citizens. Mayor Reid appointed Councilwoman Coppinger to a Committee to study the possibility of recycling items to help cut the cost of our solid waste disposal. Mayor Reid announced that he would be in the City Hall on Saturday between 9:00 a.m. and 12:00 Noon to give the citizens an opportunity to discuss any problems they might have with him. The Mayor Pro Tem will be present in the event the Mayor is unable to be present. COUNCIL ACTIVITY REPORTS: Councilman McComb requested that the meeting scheduled for.December 10, 1979, be changed to December 11, 1979, and asked that this be placed on the next agenda for consideration. Councilman Frauenberger stated that he had received some comments from citizens along Walnut Street regarding the condition of their driveways since the new construction on this street. He stated that the Contractor was responsible for the street approaches; however, the City was responsible for the driveways, and these will be handled by City forces and should be completed by the first. of the year. DEPARTMENTAL REPORTS: None CITIZENS: Bob Christensen, Pearland Area Chamber of Commerce President, advised that he wished his name withdrawn from the agenda at this time. Mike Isaac of 3219 Hamm Road advised that he wished to withdraw his name since the acquisition of drainage right of way previously discussed with the City Council was in the process of being handled. Billy G. Lain of 3216 Hamm Road appeared before the City Council to discuss drainage problems on Hamm Road, traffic problems on Hamm Road, and requested that Hamm Road be returned to its original condition before development of Woodcreek III. Also, he advised that he would like for the pump house to be removed from the area. Mr. Lain presented the following petition to the City Council which was signed by twelve residents living along Hamm Road: P E T I T I O N We, the undersigned residents on the public street of Hamm Road Pearland, Texas, do hereby respectfully request that the City Council comply with the following requests regarding our residential neighborhood: 1. That the developer of Woodcreek III Subdivision be required, at his expense, to remove the drain pipe which was improperly installed across the North end of Hamm Road to provide a drainage connection between the West side and the East side of Hamm Road. 2. That the developer of Woodcreek III Subdivision be required, at his expense, to construct a drainage ditch across the North end of Hamm Road to connect drainage on the West side of the road to the East side. 3. That the City erect suitable permanent barricades on either side of the new drainage ditch indicating that Hamm Road has been returned to the dead end condition as it was before the development of Woodcreek III. These barricades should be of sturdy construction visible clearly during the night time hours and so constructed to prevent vehicular traffic from going around either end. We would further request that the City erect signs near the intersection of Broadway (Highway 518) and Hamm Road indicating that Hamm Road is a dead end street. This would not inconvenience the future residents of Woodcreek III in any way as there are two entrances to that Subdividion off Yost Road and one entrance through the present Woodcreek I and II Subdivisions. 4. That the City remove the old, and at present, unused pump at the North end of Hamm Road. Respectfully submitted this 13th day of November 1979. NAME ADDRESS Billy G. Lain 3216 Hamm Road, Pearland, Texas Mr. $ Mrs. Raymond H. Kirkpatrick, Jr.,3213 Hamm Road, " it Paul D. Dillon 3207 Hamm Road, " it Judy Dillon 3207 Hamm Road, " It Mildred Ann Toth 3206 Hamm Road, Bela B. Toth 3206 Hamm Road, Guy W. Head 3204 Hamm Road, Joyce E. Head 3204 Hamm Road, Shirley A. Lain 3216 Hamm Road, Mike Isaac 3219 Hamm Road, Ofilia Houle 3209 Hamm Road, Mrs. Frances Jamison wanted to know what affect the new .sign ordinance would have on the Jamison property. She also advised that she had read the Comprehen- sive Update and felt that if we had paid an expert to prepare this document the Planning Commission and City Council should follow it. Paul Carlin appeared before the City Council and advised that in the interest of time he had presented nineteen petitions referred to in his request to the City Secretary earlier in the day.* City Attorney Bobby Williams advised Mr. Carlin that in his petitions he had in some degree misquoted the area in which he wanted to frame the voting on these particular amendments. City Attorney Williams asked Mr. Carlin if it was his intent, acting as agent for the people signing such petition, to amend the Charter of the City of Pearland according to Section 10-13 of the Charter. Mr. Carlin was given a copy of the Charter to read this section. Mr. Carlin advised that he .was requesting a City Charter Amendment Election. * The language on the petition presented by Mr. Carlin is as follows: 244 THE STATE OF TEXAS COUNTY OF BRAZORIA CITY OF PEARLAND TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: We, the undersigned qualified voters whose names do now appear and whose names appear on the approved tax rolls as property tax payers of the City of Pearland, Texas, hereby respectfully petition the governmental body of the City of Pearland, Texas, to submit to referendum vote the following: To change the City Charter in order to provide the following: (1) That the City Charter be amended to require the office of City Mayor to be a full-time office and that said Mayor be the Chief Executive Officer of the City and that said Mayor be elected by a majority vote of the people every two (2) years. (2) That the City Charter be amended to as to eliminate the position of City Manager. (3) That the City Charter be amended to provide for the office of full-time City Attorney elected by the majority vote of the people every two (2) years. (4) That the City Charter be changed so as to provide for the office of a full-time City Judge elected by the majority vote of the people every two (2) years. The term "people" used in this petition shall mean qualified voters of the City of Pearland, Texas. This petition further calls for said referendum to be held within sixty (60) days after this petition has been submitted to the City Secretary. This petition is one of several petitions of like tenor and effect, and the number of signatures exceed the thirty per cent (30%) in number of those voting at the last City election and/or the one hundred and fifty (150) qualified voters required for such a special election to be held (City Charter, Section 6.13, page 26).... Mayor Reid advised that the City Council would consider this in the manner in which they are required by law to do. DOCKETED PUBLIC HEARINGS: None MEETING RECESSED AT 8:20 P.M. - RECONVENED AT 8:40 P.M. UNFINISHED BUSINESS: PORTABLE SIGN ORDINANCE: Richard Simpson, operator of a portable sign business in Pearland, spoke before the City Council requesting that the City Council take another look at the proposed portable sign ordinance, and if the purpose of the sign ordinance is in fact to get the signs off public property, out of the fire lanes, and remove dilapidated portable signs then why go any further. He advised that permit fees and time limits are so restrictive that they will slowly put him out of business. He advised that 72% of his business was in Pearland. Ordinance No. 406 was read in caption by Mayor Reid. (Second Reading as amended) It was moved by Councilwoman Coppinger that Ordinance No. 406 be passed and approved as amended on second and final reading with the following changes on the copies before the City Council: Under Section II, Page 1 - Permit required ........no more than 4 permits per calendar year be permitted; that it be changed to no more than 2 permits per calendar year be granted, and later where it states 4 permits per location; that it be changed to 2 permits per location for portable signs. Also, that it be added after multiple use property itself may be granted to any business located on such property a maximum of two portable signs at any one location at any given time. Motion failed for lack of a second. It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that Ordinance No. 406 be passed and approved on second and final reading as amended and prepared in final form by the City Attorney and before the City Council on this date. Said Ordinance No. 406 reads in caption as follows: nRDTNANCF- Nn- 4(16 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGULATING PORTABLE SIGNS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Wilson, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - Councilman McComb, and Councilman Frauenberger. Motion passed 3 to 2. CHANGE IN ORDER OF BUSINESS- NEW BUSINESS: ORDINANCE NO. 409 - POLE SIGN ORDINANCE: City Attorney Williams advised that this ordinance was prepared at the request of the Mayor and Councilwoman Coppinger. Ordinance No. 409 was read in full by Councilwoman Coppinger. (First Reading) After discussion of various parts of the proposed ordinance, the following motion was made: It was moved by Councilwoman Coppinger, seconded by Councilman Mack that Ordinance No. 409 be passed and approved on first reading. After further discussion, Councilman Mack withdrew his second to the motion and the motion failed for lack of a second. r— It was moved by Councilman Mack, seconded by Councilman Wilson that this Ordinance be tabled for consideration of going back to the Comprehensive - Sign Ordinance. Motion passed 5 to 0. RESOLUTION NO. R79-28, A RESOLUTION ADOPTING AN EMERGENCY OPERATIONS PLAN FOR THE CITY OF PEARLAND: Resolution No. R79-28 was read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Mack that Resolution No. R79-28 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R79-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF PEARLAND, TEXAS, APPROVING AND ADOPTING AN EMERGENCY OPERATIONS PLAN (CIVIL DEFENSE PLAN) FOR THE CITY OF PEARLAND, TEXAS. Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. City Attorney Williams to check the Civil Defense portion of the Code of Ordinances to determine if proper usage of titles have been used in the Plan. This item to be on the next agenda if any conflict is found to exist between the ordinance and the plan adopted. CHANGE IN ORDER OF BUSINESS- UNFINISHED BUSINESS: REHABILITATION OF PRESENT SEWER SYSTEM: Malcolm Collins, City Engineer, furnished the -City Council a progress report on the rehabilitation of the sewer system as was voted on in the last bond issue. In his letter report dated November 13, 1979, he stated that he had been proceeding on this particular project as fast as possible in order to get a quality set of Plans and Specifications which he trusted would bring the best possible bids for this work. He advised that it would be approximately two weeks before the project could be advertised for bids. 2 t� CHANGE IN ORDER OF BUSINESS - NEW BUSINESS: RESOLUTION NO. R79-29, A RESOLUTION CASTING VOTES FOR BRAZORIA COUNTY APPRAISAL DISTRICT'S BOARD OF DIRECTORS: Resolution No. R79-29 was read in full by Councilman McComb. It was moved by Councilman McComb, seconded by Councilman Mack that the City Council cast 114 votes for George V. Hastings as a member of the -Board of Directors of the Brazoria County Appraisal District and that Resolution No. R79-29 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R79-29 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR THE CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None Motion passed 5 to 0. RESOLUTION NO. R79-30, A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICE CONTRACT MARMON, MOK, & GREEN, INC. COMPREHENSIVE DEVELOPMENT PLAN UPDATE: Resolution No. R79-30 was read in full by Councilman Wilson. It was moved by Councilman Wilson, seconded by Councilman McComb that Resolution No. R79-30 be passed and approved on first and only reading. Said Resolution reads as follows: RESOLUTION NO. R79-30 A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES CONTRACT (COMPREHENSIVE DEVELOPMENT PLAN UPDATE) FOR THE CITY OF PEARLAND, TEXAS; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIM; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. WHEREAS, the City Council of the City of Pearland, Texas, passed and approved Ordinance No. 376 on the 10th day of April, 1978, authorizing the issuance of City of Pearland Personal Services Contract (Comprehensive Development Plan Update) Time Warrants, Series 1978, in the principal sum of $21,000.00 for the purpose of evidencing the indebtedness of the said City for all or any part of the cost of Personal Services for updating the Compre- hensive Development Plan for the City. WHEREAS, claim for the Personal Services has been sub- mitted by Marmon, Mok, and Green, Inc. as follows: For professional services rendered, Topic Update December 10, 1978 to October 19, 1979 (FINAL) $7,000.00 WHEREAS, the claim of Marmon, Mok, and Green mentioned above is attached hereto as "Exhibit A" and made a part hereof as if fully written herein. WHEREAS, the claim "Exhibit A" has been approved by the City Manager, William E. Wolff, of the City of Pearland, Texas, and this City Council affirmatively finds that the City of Pearland has actually received the full benefit arising from said claim and the full extent of the Time Warrants which are hereinafter author- ized to be delivered to evidence the indebtedness of the City on such claim. WHEREAS, no person, firm, corporation or trust estate has given notice in writing, or otherwise to said City, or to any official thereof of any lien for any material, appurtenances, fix- tures, machinery, or labor furnished by said Vendor as provided in 1 Chapter 17, Acts of the 39th Legislature (Article S472a V.A.T.S.), - or any other law; and further, the City of Pearland 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 said claim WHEREAS, it was provided in said ordinance adopted on ;— the 10th day of April, 1978, that payment for said contract of said claim and to authorize the payment thereof by issuance and delivery of a Time Warrant mentioned above in the aggregate amount of $7,000.00. j THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE I CITY OF PEARLAND, TEXAS: I. That the statements and recitations contained in the preamble of this Resolution are hereby affirmatively found to be true and correct. II. That said claim mentioned in the preamble to this Resolution and set forth in "Exhibit All in the amount of $7,000.00, shall be, and the same is hereby approved and allowed, and the City of Pearland hereby acknowledges receipt of the full benefits represented by said claim to the full extent of the City's Time i Warrant to be delivered as hereinafter provided. That it is hereby affirmatively found and declared that the City of Pearland has received full benefit for merchandise of said claim and account, as shown on `Exhibit A«, to the full extent thereof, and to the full amount of the Time Warrant author- ized hereinafter in the Resolution to be delivered. IV. That there shall be executed and delivered to said Marmon, Mok, and Green, Inc., Warrant No. 3 in the denomination of $7,000.00 of the City of Pearland Personal Services Contract (Comprehensive Development Plan Update) Time Warrants, Series 1978. V. That this Resolution shall take effect from and after its passage. PASSED AND APPROVED this day of C,-�-r A. D., 1979. Mayor, City of Pearland, Texas ATTEST: City Secretar J MA N, lMO(K & GREEN, INC. PLANNING CONSULTANTS . LANDSCAPE ARCHITECTS EXHIBIT "A" INVOICE # 990 TO: City of Pearland P. O . Box 1157 Pearland, Texas 77581 FROM: Marmon, Mok & Green, Inc. 4140 Southwest Freeway, Suite 207 Houston, Texas 77027 RE: Pearland Topic Update MM&G, Inc. Project # 7815 DATE: October 19, 1979 FOR PROFESSIONAL SERVICES RENDERED Contract Fee ............... $21,000,00 Payments Received.......o.. $141000.00 Now Due Upon Completion of Topic Report............600 $ 7,000.00 I Fu OCT 29 1979 CITY OF PEARLAND EXHIBIT "A" Please Refer To Invoice Number With Payment........*Q.00 4140 SOUTHWEST FREEWAY SUITE 207 . HOUSTON, TEXAS 77027 • (713) 623.4700 Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger*, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None Motion passed 5 to 0. BID NO. B79-1.2, TENNIS COURTS FOR INDEPENDENCE PARK: The City Council reviewed the followin bids submitted under Bid No. B79-12: BIDDER'S NAME: BASE BID AL ERNATE NO. 1 BID ALTERNATE NO. 2 BID WORKING DAYS HOLLEY BROTHERS Bid Bond 50 ENTERPRISES, INC. * $167,230.00 $157,730.00 $172,585.00 90 days SOUTHLAND CONSTRUCTORS, $12,474.00 CC INC. 228,666.00 218,714.00 249,466.00 132 days TENI-TRAK, INC. 148,850.00 143,800.00 - 90 days *ALTERNATE NO. 3: Bonded Vinyl Fabric ADD TO Bid Bond 50 ALL BIDS $3,500.00 1 149 Ron Wicker, Director of Planning and Transportation, advised that he had talked with the State about being 400 over on the bids and Mr. Earl Craig of the Texas Park 4 Wildlife advised that we are required to bid twice and if after bidding twice we do not receive acceptable bids then we can go into a bidding process where we solicit bids from potential contractors on a selective bidding process. Mr. Wicker advised that Mr. Craig suggested that the City act as its own contractor and take bids on each item. Mr. Wicker advised that he agreed with this suggestion, and he recommended that the City Council reject all bids received on Bid No. B79-12. It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the City Council reject all bids received under Bid No. B79-12 and that the staff be authorized to proceed with the construction of the Tennis Courts on a sub- contract basis. Motion passed 5 to 0. AUTHORIZATION TO BID FOR POLICE PATROL UNITS: It was moved by Councilman McComb, seconded by Councilman Mack that the City staff be authorized to bid the four police patrol units as authorized in the budget. Motion passed 5 to 0. AUTHORIZATION FOR CITY ATTORNEY TO PREPARE COMPREHENSIVE SIGN ORDINANCE: It was moved by Councilwoman Coppinger, seconded by Councilman Mack that the City Attorney be authorized to prepare a Comprehensive Sign Ordinance for consideration by the City Council. Motion passed 4 to 1. Councilman McComb opposed. AUTHORIZATION FOR CITY ATTORNEY TO PREPARE CHANGES IN THE BUILDING CODE, CHAPTER i— 3, FIRE DISTRICT: It was moved by Councilman McComb, seconded by Councilman Mack that the City Attorney be authorized to prepare changes in the Building Code, Chapter 3, Fire District. Motion passed 5 to 0. ORDINANCE NO. 407, AN ORDINANCE AUTHORIZING THE ISSUANCE OF TIME WARRANTS OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF OBTAINING A DRAINAGE SURVEY: Ordinance No. 407 was read in caption by Mayor Reid. (First Reading) It was moved by Councilman Wilson, seconded by Councilman Frauenberger that Ordinance No. 407 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 407 AN ORDINANCE AUTHORIZING THE ISSUANCE OF TIME WARRANTS OF THE CITY OF PEARLAND, TEXAS FOR THE PURPOSE OF OBTAINING AN ENGINEERING DRAINAGE SURVEY AND LEGAL OPINIONS RELATING THERETO; PRESCRIBING THE TERMS AND CONDITIONS THEREOF AND UPON WHICH SUCH WARRANTS SHALL BE ISSUED; LEVYING TAXES TO PROVIDE FOR THE PAYMENT THEREOF; AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. r--- Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None Motion passed 5 to 0. Mr. Collins, City Engineer, was advised by the Mayor that the purpose of the study was to cover drainage problems of the entire City. ORDINANCE NO. 408. AN ORDINANCE ABONDONING UNUSED ROAD RIGHT OF WAY: City Attorney Bobby Williams advised that the 30 feet of right of way referred to in this ordinance is a dedicated right of way on an old plat. The abutting property owners, the Gustafson Group, has asked the City to abandon this right of way. It is not in the Master Plan of the City, and it will never be utilized �0 by the City for the right of way due to the width, therefore, Mr. Williams asked the:City Council to consider this ordinance. City Manager Wolff advised that this matter was discussed when the Gustafson Group gave the City right of way for widening of Dixie Farm Road. Ordinance No. 408 was read in caption by Mayor Reid. (First Reading) It was moved by Councilman Mack, seconded by Councilman Wilson that Ordinance No. 408 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 408 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING THAT A 30.00 FOOT WIDE DEDICATED ROAD RIGHT-OF-WAY LOCATED BETWEEN LOTS 64-65 AND 66 OF THE GEORGE W. JENKINS SUB- DIVISION W.D.C. HALL LEAGUE, ABSTRACT NO. 70, BRAZORIA COUNTY, TEXAS, BE VACATED, ABANDONED, AND CLOSED; PROVIDING FOR THE REVERSION OF THE FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack. Voting "Nay" - Councilwoman Coppinger Motion passed 4 to 1. BAYOU COMMERCIAL PARK - FINAL PLAT: Ron Wicker, Director of Planning and Transportation, advised that the final plat of Bayou Commercial Park was ready and recommended that the City Council approve the same. It was moved by Councilman Mack, seconded by Councilman Wilson that the final plat of Bayou Commercial Park be approved. MOtion passed 4 to 0. Councilman McComb not present at this time. REPORT BY PLANNING AND ZONING COMMISSION ON APPLICATION 74, GEORGE H. OWENS, SR. ET UX, APPLICATIONS 75 & 76, C'.. F. MANN, AGENT: Councilman Frauenberger read a report dated November 9, 1979, from the Planning and Zoning Commission wherein they recommended that Application No. 74, George H. Owens, Sr., MF to GB be denied. Councilman Frauenberger read a report dated November 9, 1979, from the Planning and Zoning Commission wherein they recommended that Application No. 75, C. F. Mann, Agent, PU to R-1 be approved. Councilman Frauenberger read a report dated November 9, 1979, from the Planning and Zoning Commission wherein they recommended that Application No. 76, C. F. Mann, Agent, PU to R-2 be denied. It was moved by Councilman Frauenberger, seconded by Councilman McComb that a Public Hearing before the City Council on Applications 74, 75, $ 76 be called before the City Council on December 11, 1979 at 7:30 P.M. Motion passed 5 to 0. LEM CONSTRUCTION COMPANY - WASTEWATER PLANTS 2 & 3 - MONTHLY ESTIMATE NO. 9: It was moved by Councilman Wilson, seconded by Councilman McComb that Engineer's Monthly Estimate No. 9 for the Lem Construction Company in the amount of $22, 085.02 be approved for payment out of the appropriate bond fund. Motion passed 5 to 0. MARATHON PAVING & UTLITY CONSTRUCTORS, INC. - WALNUT ST. PROJECT - MONTHLY ESTIMATE NO. 11: It was moved by Councilman Frauenberger, seconded by Councilman Mack that Engineer's Monthly Estimate No. 11 for the Marathon Paving & Utility Constructors, INc., in the amount of $19,962.90 be approved for payment out of the appropriate bond fund. Motion passed 5 to 0. X51 BROWN & ROOT, INC. - KNAPP ROAD PROJECT - FINAL STATEMENT: It was moved by Councilman Mack, seconded by Councilman McComb that the Final Engineer's Estimate for Brown & Root, INc. in the amount of $22,270.51 be approved for payment out of the appropriate bond fund. Motion passed 5 to 0. RATIFICATION OF APPOINTMENT OF PAUL PONDISH: It was moved by Councilman McComb, seconded by Councilman Wilson that the appointment of Paul Pondish as Superintendent of Street and Sanitation Departments be ratified. Motion passed 5 to 0. CHANGE ORDER NO. 1, LEM CONSTRUCTION COMPANY: It was moved by Councilman Wilson, seconded by Councilman McComb that Change Order No. 1 in the amount of $9,855.00 to the Lem Construction Company be approved. Motion passed 5 to 0. DEED TO CUL-DE-SAC AT END OF PATRICIA LANE: City Manager Wolff advised the City Council that the cul-de-sac at the end of Patricia Lane has not been dedicated to the City although the City Council approved this on November 8, 1976, therefore, he requested that the City Council accept this deed from the Vantura Construction Company to the City of Pearland. It was moved by Councilman Mack, seconded by Councilman Frauenberger that the Deed from the Ventura Construction Company to the City of Pearland for the cul-de-sac located at the end of Patricia Lane be accepted. Motion passed 5to0. OTHER BUSINESS: EXECUTIVE SESSION 10:55 P.M. - RECONVENED 10:59 P.M. NO ACTION - ADJOURN: The meeting was adjourned at 11:00 P.M. Mintues approved as submitted and/or corrected this day of A. D., 1979. Mayor ATTEST: City Secretary