1978-02-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON FEBRUARY 27, 1978, 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
Councilman
Councilman
City Manager
City Attorney
City Secretary
Council Position 4 - vacant
Carlton McComb
Harry Farley
Dennis Frauenberger
Terry Gray
Morris Wilson
William E. Wolff
Bobby J. Williams (Entered 7:40 P.M.)
Dorothy L. Cook
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Rev. Carl of the Faith Baptist Church. The Pledge
of Allegiance was led by Councilman Wilson.
APPROVAL OF MINUTES:
It was moved by Councilman Gray, seconded by Councilman Wilson that the minutes
of the regular meeting held on February 13, 1978, be approved as submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor McComb read a letter dated February 20, 1978 from the Faith Baptist Church
declining the City's offer to purchase 1.6524 acres of land owned by the Church.
Also, the letter stated that they would be willing to discuss the possibility of
trading the 1.6524 acres on the basis of equivalent Liberty Drive frontage on
the North.
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS: None
CITIZENS:
Mr. C. D. Anderson spoke to the City Council and advised them that since his last
appearance before them regarding the game rooms in the City, he had visited the
one located across from the High School Building. He advised the Council that
he was speaking for himself, and not as a representative of any committee, and
that he felt, after the personal inspection and talking with the Manager, that
this particular place was not used by students as a place to take drugs.
Mr. Anderson called the Council's attention to an abandoned building located on
Park Avenue. He advised that the back of the building was open thereby creating
a place where anyone could go and not be in public view. He asked that the
City take steps to either have the building demolished or repaired.
The City Manager, Police Chief, and City Attorney were appointed to look into
this matter.
Mr. W..,E. L. Hartman appeared before the City Council to discuss possible
annexation of 80 acres adjacent to the City limits and located approximately
3,000 feet South of Ryan Acres Subdivision. He asked if the City could provide
water and sewer service according to the present policy. Item for discussion of
this matter on agenda under New Business.
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DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
AWARD OF BID NO. B78-2, UTILITY TRACTOR:
Ron Wicker, Director of Planning & Transportation recommended that Bid No. B78-2
be awarded to Alvin Implement Company for a new Case 885 tractor in the amount
of $5,400.00.
It was moved by Councilman Farley, seconded by Councilman Wilson that Bid No.
B78-2 for a Utility Tractor be awarded to Alvin Implement Company in the amount
of $5,400.00 to be paid out of Revenue Sharing Funds. Motion passed 4 to 0.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
APPOINTMENTS:
It was moved by Councilman Wilson, seconded by Councilman Gray that Toby S. Lytle,
Jim Campise, Ralph Wemhoff, Raymond T. Vial, and George V. Hastings be appointed
to the Board of Equalization for 1978. Compensation to be set at $15.00 per
member per meeting attended. Motion passed 4 to 0.
It was moved by Councilman Farley, seconded by Councilman Wilson that the first
meeting of the Board of Equalization be held on April 26th, 1978. Motion passed
4to0.
Mayor McComb administered the Oath of Office to the members of the Board.
It was moved by Councilman Wilson, seconded by Councilman Farley that Mr. Dave
Corbett be reappointed to the Electrical Board for a term of two years.
Motion passed 4 to 0.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that Mrs.
Faye Hunter be reappointed as a member of the Library Board for a term of
three years. Motion passed 4 to 0.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that Joe
K. Barnett be appointed Assistant Fire Marshall. Motion passed 4 to 0.
REQUEST BY W. E. L. HARTMAN FOR ANNEXATION OF 80 ACRES:
A discussion was held with Mr. Hartman regarding whether or not the sewer lines
in the Corrigan area could handle additional sewerage generated by some 288
homes in Mr. Hartman's proposed subdivision. City Manager Wolff advised that
Mr. Hartman would have to build the lift station on his property. He stated
that we have a 10" water line of McLean Road which could be extended to serve
this area. Mr. Hartman advised the City Council that he understood the cost
of materials, including the lift station and lines for extension would have
to be borne by him.
It was moved by Councilman Wilson, seconded by Councilman Farley that this matter
be tabled until the City Engineer reports to the City Council on the following:
1. What size of utility lines would be required to give adequate
service?
2. Where would these lines tie on to the system?
3. What would the total impact be to the water, sewer, and street
system?
Motion passed 4 to 0.
City Manager Wolff advised that he would ask for Mr. Hartman's Engineer to work
with our Engineer to answer these questions. This item to be placed on the next
agenda if the information has been completed.
MEETING RECESSED AT 8:20 P.M. - RECONVENED AT 8:40 P.M.
CHANGE IN ORDER OF BUSINESS:
UNFINISHED BUSINESS:
SECOND AND (FINAL) READING OF ORDINANCE NO. 246-38, AN AMENDMENT TO LAND USE
DISTRICT MAP: APPLICATION NO. 47. ALVIN PAMPELL:
Ordinance No. 246-38 was read in full by Councilman Farley. (Second Reading)
It was moved by Councilman Farley, seconded by Councilman *idson that Ordinance
No. 246-38 be passed and approved on second and final reading. Said Ordinance
No. 246-38 reads in caption as follows:
ORDINANCE NO. 246-38
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 Frauenberger, Councilman Gray, Councilman Farley,
and Councilman Wilson.
Voting "Nay" - None
Motion passed 4 to 0.
SECOND AND FINAL READING OF ORDINANCE NO. 372, FLOOD ORDINANCE:
Ordinance No. 372 was read in full alternately by Councilman Gray and
Councilman Frauenberger. (Second Reading).
PMM It was moved by Councilman Gray, seconded by Councilman Frauenberger that
Ordinance No. 372 be passed and approved on second and final reading. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 372
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR
STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF
PURPOSE AND METHODS OF REDUCING FLOOD LOSSES; CONTAINING
DEFINITIONS; PROVIDING FOR THE IDENTIFICATION OF FLOOD -PRONE
AREAS, COMPLIANCE, ABROGRATION, INTERPRETATION, WARNING AND
DISCLAIMER OF LIABILITY; PROVIDING FOR ADMINISTRATION AND
ENFORCEMENT; PROVIDING FOR A PENALTY CLAUSE; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING
TO FLOOD DAMAGE PREVENTION.
Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley,
and Councilman Wilson.
Voting "Nay" - None
Motion passed 4 to 0.
SECOND AND FINAL READING OF ORDINANCE NO. 373, AN ORDINANCE AMENDING THE REVENUE
SHARING BUDGET:
Ordinance No. 373 was read in full by Councilman Wilson. (Second Reading)
It was moved by Councilman Wilson, seconded by Councilman Gray that Ordinance
No. 373 be passed and approved on second and final reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 373
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING THE
REVENUE SHARING BUDGETS OF THE CITY OF PEARLAND.
Voting "Aye" - Councilman Wilson, Councilman Farley, Councilman Gray, and
Councilman Frauenberger.
Voting "Nay" - None Motion passed 4 to 0.
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CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
ANY ACTION PERTINENT TO PROPOSED BOND ISSUE:
The City Manager advised the City Council that the Fiscal Agent, Tom Masterson,
would be submitting a contract at the next regular meeting of the City Council.
Mr. Masterson advised that the fee for the Certificates of Obligation would be
$6,225.00 and the approximate fees for the Bonds would be $15,425.00 for the
General Obligation Bonds and $17,000.00 for the Revenue Bonds.
It was moved by Councilman Farley, seconded by Councilman Gray that the Fiscal
Agent's fee for the Certificates of Obligation as intent of issue notice as
R78-6 be paid for out of the Council Contingency Fund and that the Fiscal Agent's
fees for the General Obligation Bonds and Revenue Bond be included and become a
part of that issue. Said fees to be in the approximate amount of $15,425.00
for the General Obligation Bonds and $17,000.00 for the Revenue Bonds. Motion
passed 4 to 0.
AMENDMENT TO THE BUILDING CODE:
Ordinance No. 224-2 was read in full by Councilman Wilson. (First Reading)
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that
Ordinance No. 224-2 be passed and approved on first reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 224-2
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
CERTAIN PROVISIONS OF THE STANDARD BUILDING CODE, 1976
EDITION, HERETOFORE ADOPTED AND CODIFIED AS THE BUILDING
CODE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN
EFFECTIVE DATE, A SEVERABILITY CLAUSE, AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley,
and Councilman Wilson.
Voting "Nay" - None Motion passed 4 to 0.
ORDINANCE NO. 246-39, AMENDMENT TO THE LAND USE ORDINANCE - APPLICATION NO. 48
(AMENDED) GENE E. SANDERS:
Ordinance No. 246-39 was read in full by Councilman Farley. (First Reading)
It was moved by Councilman Farley, seconded by Councilman Gray that Ordinance
No. 246-39 be passed and approved on first reading. Said Ordinance reads in
caption as follows:
ORDINANCE NO. 246-39
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 Farley, Councilman Gray, and
Councilman Frauenberger.
Voting "Nay" - None Motion passed 4 to 0.
ORDINANCE NO. 246-40, AMENDMENT TO LAND USE ORDINANCE - APPLICATION NO. 49,
GABRIEL BAIZAN. AGENT:
Ordinance No. 246-40 was read in full by Councilman Gray. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Wilson that Ordinance
No. 246-40 be passed and approved on first reading. Said Ordinance reads in
caption as follows:
ORDINANCE NO. 246-40
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 Frauenberger, Councilman Gray, Councilman Farley,
and Councilman Wilson.
Voting "Nay" - None
Motion passed 4 to 0.
RESOLUTION NO. R78-6, A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS
AND NOTICE OF INTENTION TO ISSUE $465,000 CITY OF PEARLAND, CERTIFICATES OF
OBLIGATION:
Resolution No. R78-6 was read in full by Councilman Wilson.
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that
Resolution No. R78-6 be passed and approved as amended. Said Resolution reads
as follows:
RESOLUTION NO. R78-6
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS
AND NOTICE OF INTENTION TO ISSUE $465,000 CITY OF PEARLAND,
TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978.
THE STATE OF TEXAS S
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"),
deems it advisable to issue Certificates of Obligation of the City in accordance
with the notice hereinafter set forth;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, THAT:
Section 1. The facts and recitations contained in the preamble of
this resolution are hereby found and declared to be true and correct.
Section 2. The City Secretary is hereby authorized and directed to
cause to be published in the manner required by law a notice of intention to
issue Certificates of Obligation in substantially the following form:
NOTICE TO BIDDERS AND NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
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NOTICE IS HEREBY GIVEN that sealed proposals (hereinafter sometimes
called "bids") addressed to the Mayor and City Council of the City of Pearland,
Texas _(the "City"), will be received at a meeting of the City Council in the
City Hall, City of Pearland, Brazoria and Harris Counties, Texas, until 7:30 P.M.,
March 27, 1978, at which time and place they will be publicly opened and read
aloud, for furnishing all labor, materials, supplies, machinery, equipment,
insurance, tools and superintendence for constructing and equipping public works
for the City, to -wit: (1) swimming pool and appurtenances, and (2) a municipal
equipment maintenance and storage building, sometimes called a "City Service
Center"; and the City Council tentatively proposes to let a contract, or contracts,
for such construction and equipment, and to authorize issuance of Certificates of
Obligation, in accordance with the terms and provisions of this Notice at such
meeting or at a subsequent meeting of the City Council in said City Hall.
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Bids received after said closing time will be returned unopened.
A cashier's check or certified check, drawn on a bank acceptable to the City and
made payable to the City, or a bidder's bond issued by a surety company duly
licensed in the State of Texas, in an amount equal to not less than five percent
(5%) of the largest possible total of the bids submitted, including alternates,
must accompany each bid, as a guaranty that the successful bidder will enter
into a contract and execute bonds and guaranties on the terms provided herein,
and in the contract documents, plans and specifications, within ten (10) days
after notice of award of contract. Such checks or bidder's bonds will be returned
to bidders within five (5) days after opening of bids, except that such checks
or bidder's bonds of the acceptable bidders submitting the three lowest bids will
be returned to said bidders within twenty-four (24) hours after final execution
of contract.
The successful bidder must furnish performance bond and payment bond
on the forms furnished with such contract documents, each in full amount of the
contract price and issued by a surety company authorized to do business in this
State in accordance with the provisions of Article 5160, Revised Civil Statutes
of Texas, 1925, as amended.
In conformity with applicable law, the general prevailing wage rates
in the locality in which the work is to be performed have been ascertained and
such rates shall be the minimum paid for labor employed on this project.
Bidders are expected to inspect the site of the work and to inform
themselves regarding all local conditions.
Copies of contract documents, plans and specifications are on file at
the office of the City Manager in the City Hall of the City and may be examined
there without charge, or may be obtained there by prospective bidders or suppliers
upon payment of Ten Dollars ($10.00) for each set thereof, checks to be made
payable to the City. Such payments will be refunded to actual bidders upon the
return of such materials in good condition within five (5)' days after opening
of bids.
This Notice shall be and constitute a part of the said contract
documents, plans and specifications.
No such bids may be withdrawn after the scheduled closing time for
receipt of bids and for thirty (30) days thereafter. The City reserves the
right to accept any bid deemed most advantageous to it, including alternates,
to reject any and all bids, and to waive any informality. In case of ambiguity
or lack of clearness in the statement of prices in each proposal, the City
reserves the right to adopt prices written in words, or to reject the proposal.
It is the intention of the City to pay all or any part of any
contractual obligation to be incurred for such construction and equipment,
including contractual obligations for professional services in connection there-
with, by the issuance of Certificates of Obligation of the City, payable from
City ad valorem taxes, in the maximum aggregate principal amount of $465,000,
bearing interest at a rate not in excess of that prescribed by Article 717k-2,
V.T.C.S., as amended, and maturing over a period of years not to exceed 20
years from the date thereof, for the purpose of evidencing the indebtedness of
the City for all or any part of the cost of such construction and equipment,
including the cost of professional services incurred in connection therewith;
and the successful bidder or bidders will be required to accept such Certificates
in payment of all or any portion of the contract price, or prices.
The City Council has made provision for each contractor (successful
bidder) to sell and assign such Certificates of Obligation to another at par
and with discount, and with no exchange or collection charges to such contractor,
and each bidder is required (at the time of the receipt of bids by the City
Council) to elect whether he will accept such Certificates in payment of all or
a part of the contract price, or prices, or assign such Certificates in
accordance with such arrangements.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 27th day of
February, 1978.
City Secretary
(SEAL) CITY OF PEARLAND, TEXAS
Section 3. The notice set forth in Section 2 above shall be published
once a week for two (2) consecutive weeks in a newspaper which is of general
circulation in the City and which is the official newspaper thereof, the date
of the first publication to be not less than fourteen (14) days prior to the
date tentatively set in said notice for the passage of the ordinance authorizing
the issuance of such Certificates of Obligation.
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Section 4. The Mayor, City Secretary, and other officers of the City
are hereby authorized and directed to do any and all things necessary or desirable
to carry out the provisions of this resolution.
Section S. This resolution shall take effect immediately upon its passage.
Section 6. It is hereby officially found and determined that the need
of the City for such financing creates an emergency and an urgent public necessity
for the holding, at the scheduled time, of the meeting of the City Council at
which this resolution is adopted and for the adoption of this resolution; and
the NOTICE OF MEETING relating to said meeting and heretofore posted by the City
pw"ft Secretary, and the posting thereof, are hereby authorized, approved, and ratified.
PASSED AND APPROVED this 27th day of February 1978.
ATTEST:
Mayor
CITY OF PEARLAND, TEXAS
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
Voting "Aye" - Councilman Wilson, Councilman Farley, Councilman Gray, and
Councilman Frauenberger.
Voting "Nay" - None Motion passed 4 to 0.
RESOLUTION NO. R78-7, A RESOLUTION AUTHORIZING AND GIVING NOTICE OF INTENTION TO
ISSUE $21,500 IN TIME WARRANTS TO COVER COST OF UPDATING COMPREHENSIVE DEVELOPMENT
PLAN OF THE CITY OF PEARLAND, TEXAS:
Resolution No. R78-7 was read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Farley that
Resolution No. R78-7 be passed and approved on first reading. Said Resolution
reads as follows:
RESOLUTION NO. R78-7
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING
THE GIVING OF NOTICE OF THE INTENTION TO ISSUE TIME WARRANTS
FOR PERSONAL SERVICES INVOLVED IN THE UPDATING OF THE
COMPREHENSIVE DEVELOPMENT PLAN OF THE CITY; PROVIDING THE
DETAILS RELATING THERETO; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, the City's Comprehensive Development Plan was adopted by the
City Council in February, 1970; and
WHEREAS, for the past seven years the development activities of the
City have been substantially in compliance with this plan; and
WHEREAS, it is now deemed necessary to review and upgrade the Plan,
incorporating the latest recommendations of our City Planner; and
WHEREAS, the future anticipated growth of Pearland should be in accordance
with the latest concepts in City planning;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1.
That the facts and recitations contained in the preamble of this
Resolution are hereby found and declared to be true and correct.
Section 2.
That the City Secretary is hereby authorized and directed to cause to
be published in the manner required by law, a notice of intention to issue Time
Warrants in substantially the following form to -wit:
NOTICE OF INTENTION TO ISSUE TIME WARRANTS BY THE CITY OF
PEARLAND, TEXAS
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Notice is hereby given by the City Council of the City of Pearland,
Texas, of its intention to issue Time Warrants for the purpose of paying Marmon,
Mok and Green, Inc. for personal services involved in the updating of the
Master Plan of the City of Pearland.
Such Warrants shall be in the total amount of $21,500, such sum to bear
interest at the rate of 6.5% per annum, to be payable on or before three (3)
years from the date thereof and shall be issued on or after the 27th day of
March, 1978, unless prior to the said date ten (10%) percent of the qualified
voters of the City of Pearland, whose names appear on the latest approved tax
rolls as property taxpayers, petition the City Council in writing to submit
to a referendum vote the question as to the issuance of said Warrants for such
purposes.
By Order of the City Council of the City of Pearland, Texas.
Attest: Mayor
Ctiy Secretary
Section 3.
That the notice set forth in Section 2 of this Resolution shall be
published in the official newspaper of the City, once a week for two (2)
consecutive weeks prior to March 27, 1978, the date of the first publication to
be at least fourteen (14) days prior to March 27, 1978. A copy of said notice
shall also be posted in the City Hall of the City at least fourteen (14) days
prior to March 27, 1978.
Section 4.
That this Resolution shall take effect from and after its passage.
PASSED, APPROVED and ADOPTED this day of , A.D., 1978.
ATTEST:
City Secretary
CITY OF PEARLAND, TEXAS
By:
Mayor
Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley,
Councilman Wilson.
Voting "Nay" - None Motion passed 4 to 0.
OTHER BUSINESS: EXECUTIVE SESSION - Texas open meetings law Section 2
Subsection (f) - Purchase, exchange or value of real property.
10:00 P.M.
ADJOURN:
The meeting adjourned at 10:20 P.M.
Minutes approved as submitted and/or corrected this i.j day of
A'
A��, A. D., 1978.
ty Secretary
Mayovf ' Pro