1979-12-27 CITY COUNCIL SPECIAL MEETING MINUTESZ08
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON DECEMBER 27, 1979, AT 7'30 P.M. IN THE CITY HALL, 2335 N. TEXAS AVENUE,
PEARLAND, TEXAS.
The special meeting was called to order with the following present:
Mayor
Councilman/Mayor Pro Tem
Councilman
Councilwoman
Councilman
Councilman
City Manager
City Secretary
PURPOSE OF THE MEETING:
Tom Reid
Dennis Frauenberger
Charles Mack
Fran Coppinger
Carlton McComb
Morris Wilson
William E. Wolff
Dorothy L. Cook
AWARD OF BID NO. B79-14, WATER MAIN CONSTRUCTION - SCOTT & COMAL STREETS AND
PORTIONS OF WOODY. MYKAWA. AND KNAPP:
The following bids were reviewed by the City Council:
BIDDERS BASE BID ALTERNATE BID WORKING DAYS
Bella Company
$102,022.50
$ 87,747.00
80
B & T Contracting, Inc.
120,991.00
79,742.50
45
Ben Felts Utility Contractor
126,005.13
124,859.28
120
Mercer Construction Company
86,572.00
78,523.00
70
Mora Construction Company
113,346.75
108,318.70
60
The City Engineer, Malcolm Collins, in a letter dated December 27, 1979, recom-
mended that the low bidder, Mercer Construction Company be awarded the bid.
It was moved by Councilman McComb, seconded by Councilman Wilson that Bid No.
B79-14 be awarded to the Mercer Construction Company as the low bidder for a
base bid of $86,572.00. Motion passed 5 to 0.
HOUSE BILL 1060 AND SENATE BILL 621 - ASSESSMENT RATIOS:
Tax Assessor -Collector, James DeShazer, read a memo dated December 20, 1979,
wherein he advised the City Council regarding the assessment of 100% in 1981 as
set out in Senate Bill 621 and suggested that the loss of revenue under the
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Agriculture Land Use provision of House Bill 1060 might be offset in part by the
implementation of the 100% assessment beginning January 1, 1980.
City Manager, William Wolff, advised that the Resolution submitted to the City
Council was that of a sample resolution in the event they wished to consider
changing the assessment on January 1, 1980.
It was moved by Councilman McComb, seconded by Councilman Wilson that Resolution
No. R79-34 not be considered. Motion passed 5 to 0.
WOODCREEK SECTION III:
Mayor Reid read a letter from Malcolm Collins dated December 27, 1979, wherein
he advised that items 1 and 2 of his letter dated December 12, 1979, have been
corrected; however, nothing has been done to correct item 4. This pertains to a
small section of Moss Creek Lane that has approximately 0.12% grade and 0.15%
grade in the first and second 25 feet. Ted Bogram, representing Municipal
Engineering Company, asked the Council to waive this requirement since this was
a very short section and it drains properly.
It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that
Woodcreek Section III be tabled until item 4 of the City Engineer's letter of
9�:`
December 12, 1979, has been corrected. Motion failed l to 4. Councilman McComb,
Councilman Frauenberger, Councilman Mack and Councilwoman Coppinger Iopposed.
It was moved by Councilman Frauenberger, seconded by Councilman Mack that Woodcreek
Section III be approved and building permits be released, with items l and 2 being
corrected and item 4 regarding 0.12% grade and 0.15% grade on a section of Moss
Creek Drive be waived since this portion of the street does drain adequately.
Item 3 of City Engineer's letter of December 12, 1979 be, waived on the 0.25
grade requirement as being 0.18% on the ten inch sewer line, this being necessitated
to allow for the elimination of the lift station because of set inlet grade and a
set outlet grade which made it impossible to maintain a 0.25% grade. Motion
passed 4 to 1. Councilman Wilson opposed.
AGREEMENT WITH A.T.4 S.F. RAILWAY COMPANY FOR CROSSING OF WATER LINE AT KNAPP AND
MYKAWA:
City Manager Wolff advised that it would be necessary to execute an agreement with
the A.T. 4 S.F. Railway Company for a water line to cross under the tracks at
Mykawa and Knapp. This would be in connection with the project awarded earlier
in this meeting.
It was moved by Councilman Frauenberger, seconded by Councilman McComb that
Resolution No. R79-35 be passed and approved on first and only reading with
material to be cement casing instead of PVC. Said Resolution and agreement reads
as follows:
R E 3 0 G U T 1_.0 N NO R79-35
--000—
BE IT KNOWN that on this the 27 day of December , 19 79
Spe ial '
at a reger1-&r meeting of the governing body of the City of Pearland
there emm on to be considered the matter of the exe
• cution of a license between the said City of -Pearland
and The Atchison, Topeka and Santa Fe Railway Company,
relating to ntn"A"
at or near said City of Pearland
r—
•
whereupon the following proceedings were had:
It was moved, seconded and unanimously voted that T..�.Rgl��,
, Mayor, be authorized and empowered to execute on behalf of
the City of Pearland Texas
, such licensew
copy of which is hereto attached, and the same be recorded in the Minutes of the
City Commission at the foot of this resolution.
_------ - - - - -- _ - -
i
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0,
STATE oI' TEXAS )
COUNTY OF BRAZORIA & HARRIS
I, Dorothy L. Cook , City Secretary, do hereby certify
that the above and foregoing is a true and correct copy of a resolution passed by
the City Co=ission of said City in ipp r session on _ December 27, 1979
19 , as the sane appears of record in Book 10 , Page 2_ 69- 2 Minutes of
said City Commission.
IN TESTIMONY WHEREOF, witness ray hand and the Seal of Said City this 2
day of January � 19-30
(SEAL)
EXHIBIT "A"
TO CONTRACT BETWEEN
ttd--
Cityec etary
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
50CITHERN DIVISION I.YOU5TON DISTRICT
AND "
CITY or- PE4P1,LAMD,1-EXA5
COQ+ #2__'WG A wATc i LINE C2.'OZ4 N65
tii�Ak .
PEAPLAN D, BR.A ZOR t A COUNITY, TEXA5
SCALE I = 100
DATED: DEC. I9, 1979
A.G.M.-ENGINEERING-AMARILLO. TEXAS No -X-3358
P -Y co PP-0paTY LIme�/
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TO ALVI N -o
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CARRIER PIPE
LENGTH ON R/W in2•Cv
ACTUAL WORKING PRESSURE
V_ ZT
MAP Z
PAR 3
_'r.PR*. R PIPE 'ASING PIPE
O OF PIPE
':ONT EN (S TO BE HANDUFDC IN�T.�,(L
• t H b• t
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MP 11+4952
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To 1.40u5TGOM _
_ MAIN -TP_K TAE AT,- S t~ 2Y CO
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52' CG51hk'-T
RY CO P20PE2TY LIWE
CASINe
PIPE MATERIAL e(i1E11,`S 2S'OS SiGt<t. TYPE OF JOINT C�_LLAg _1A1E1.7.2_._
,
SPECIFICATIONS AND GRADE -- sDp 24► _ CF{.. Qn COATING -_-_ luiy-B —1-n _
WALL THICKNESS _Q.25S - 250" METHOD OF INSTALLATION reit
VENTS: NUMBER - SIZE _..__ HEIGHT OF VENT ABOVE GROUND
SEALS! BOTH ENDS 'NONE_ ONE END_ _-
BURY' BASE OF RAIL TO TOP OF CASING ..5 FEET. �� _ INCHES
BURY: NATURAL GROUND _3 FEET -Q_ INCHES INSTALLED AS PER C.E.S. 5515
BURY: ROADWAY DITCHES _ 3 FEET ,Q INCHES PLACED BY DRY BORE ONLY
CATHODIC PROTECTION— .
j TYPESIZE AND SPACING OF INSULATORS OR SUPPORTS
R/W MAP NO (42-I�STA_MAP NO
i
SANTAFE 01UGINAL
File: Ct-28669
Form 1658: Standard
(Approved by Generol Solicitor)
PIPE LINE LICENSE
THIS LICENSE, Made this— 20th day of___ December_ 19-79-9
between__- THE ATCHISON1 . TOPEKA AND SANTA FP RAILWI&YDMPMr&
Delaware _ corporation (hereinafter called "Licensor") , party of the first part, and
CITY OF PEARLAIM, TEXAS, a Municipal corporation., acting herein by its
Mayar:__hereunto duly authorized
(hereinafter, whether one or more, called "licensee"), party of the second pari.
`VITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and
agree as follows:
I. Subject to the terms and conditions hereinafter set forth, Licen.or licenses Licensee to construct
and maintain one
( 1) pipe line---, _one hundred two pointsi�102.6 feet in len th and
_(_ 6 _625__)___.____inches in diameter (hereinafter, whether one or more pipe Iines, called the "PIPE
LINE"), across or along the right of way of Licensor at or near the station of- Pearland,
Brazoria County, Texas, the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No. X-3358 _ , datedr_
December l9, 1979_^_ _—� __, marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying water
and. shall not use it to carry any other commodity or for any other purpose whatsoever.
3. Licensee shall pay Licensor as compensation for this license the sum of One Hundred Fifth
And No/100ths - - --- - - - - - ($150.00) --------- Dollars -------
4. Licensee. shall, at its own cost and subject to the'supervision and control of Licensor'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
W 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 be 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 Licensee
shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, U.
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
occasioned 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
loss, 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 expense 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.
One Hundred Twenty
(120
S. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that
the same may be terminated at any time by either party upon days' notice in writing to be
served upon the other party, stating therein the date that such termination shall take place, and that
upon the termination of this license in this or any other manner herein provided, Licensee, upon de-
mand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right
of way and tracks of Licensor to the same condition in which they were prior to the placing of the
PIPE LINE- thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within
ten (10) days after the effective date of termination, Licensor may proceed with such work at the
expense of Licensee. No termination hereof shall release Licensee from any liability or obligation here-
under, whether of indemnity or otherwise, resulting from any acts, omissions or events happening
prior to the date the PIPE LINE is removed and the right of way and track of Licensor restored
as above provided.
o r 12,
t /
9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on
which the PIPE LINE is located, 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 at ---
P. 0. Box 1157, Pearland, Texas 77581_
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 Licensor's Division
Superintendent _ a} P. 0. Box 967
Temple, Texas 76501
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. w ... _... _ --
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.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and
year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
--(Licensor)
Approved as to Description:
By
its_Ass Aant to General Manager
Chief Engineer..
CITY OF P 4RLAND, TEXAS
Its Mayor
(Licensee) w
Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None
'Motion passed 5 to 0.
ADJOURN: The meeting adjourned at 8:20 P,M.
Minutes approved, as submitted and/or corrected this Y day of
A. D., 1980.
ATTEST: Mayor
i
City Secretary