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1978-04-24 CITY COUNCIL REGULAR MEETING MINUTES201 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 24, 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 Councilwoman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Harry Farley Dennis Frauenberger Fran Coppinger Carlton McComb Morris Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The Invocation was given by Councilman Farley. The Pledge of Allegiance was led by Mercy Singleton. APPROVAL OF MINUTES: It was moved by Councilman Farley, seconded by Councilman Wilson that the minutes of the regular meeting held :on April 10, 1978, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid issued the following Proclamation: 1. American Business Women' -s Association Scholarship Month - May, 1978 Mayor Reid administered the Oath of Office to Harold Sanders as Assistant Municipal Defense Coordinator for the City. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wolff reported that the new bridge over Clear Creek is almost completed, that Houston Lighting and Power Company is preparing the right-of- way of installation of power lines to the new park, that base material is being hauled to the Walnut Street project and should be in by this weekend, and that the contractor will start on the excavation of the new landfill within the next few days. City Attorney Bobby Williams advised that the wrecker ordinance should be ready for Council perusal by the next Council meeting. He stated that he would like for the City Council to look over this ordinance before it is put on the agenda for final reading. Possible workshop will be called on this item. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: APPOINTMENTS: Library Board: It was moved by Councilman Frauenberger, seconded by Councilman McComb that J. C. DuPriest be appointed as a member of the Library Board to fill the unexpired term of Fran Coppinger. Motion passed 5 to 0. 202 Planning and Zoning Commission: It was moved by Councilman McComb, seconded by Councilman Wilson that Helen Beckman and Bill Frascino be reappointed as members of the Planning and Zoning Commission for three years. Motion passed 5 to 0. Mayor Reid administered the Oath of Office to J.C. DuPriest, Helen Beckman and Bill Frascino. RESOLUTION NO. R78-17, A RESOLUTION OF APPRECIATION FOR TERRY GRAY: Resolution No. R78-17 was read by Mayor Reid. It was moved by Councilman Farley, seconded by Councilman Wilson that Resolution No. R78-17, a Resolution of Thanks to former Councilman Terry Gray, be passed and approved. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Council- woman Coppinger, and Councilman Frauenberger. Voting "Nay" - None. Motion passed 5 to 0. ORDINANCE NO. 44-1, AN ORDINANCE AMENDING THE FIRE DISTRICT: The caption of Ordinance No. 44-1 was read by Councilman Farley. (Second Reading) It was moved by Councilman Farley, seconded by Councilwoman Coppinger that Ordinance No. 44-1 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 44-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, ARTICLE I, SECTION 7-1 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN EFFECTIVE DATE, SEVER- ABILITY CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman McComb, Councilman Farley, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. APPLICATION NO. 52. JOHN C. DYESS: City Manager Wolff reported that he had researched whether or not a specific use permit would be applicable in this case and, he wished .to report that a specific use permit could not be issued on the type of operation planned by Mr. Dyess. This type of operation would require a zone change. It was moved by Councilman McComb, seconded by Councilman Frauenberger that the appropriate ordinance be prepared by the City Attorney for consideration at the next regular council meeting on the request of John C. Dyess - Application No. 52. Motion passed 4 to 1. Councilwoman Coppinger opposed. PLANNING COMMISSION RECOMMENDATION FOR AMENDMENT TO SUBDIVISION ORDINANCE TO REQUIRE DEVELOPER TO IMPROVE ADJACENT STREET AND STORM DRAINAGE TO SAME STANDARDS WITHIN SUBDIVISION: Mayor Reid appointed a Committee consisting of Councilman Farley as Chairman and Councilman Frauenberger as member to bring back a recommendation to the City Council regarding this recommendation by the Planning and Zoning Commission. NEW BUSINESS: SPECIFIC USE PERMIT - GREGORY ESTRELLA: This item to be placed on a future agenda when Mr. Estrella has furnished all things necessary for a specific use permit. RESOLUTION NO. R78-13, A RESOLUTION DESIGNATING A REPRESENTATIVE AND ALTERNATE TO SERVE ON HOUSTON-GALVESTON AREA GENERAL BODY MEMBERSHIP FOR BALANCE OF THE YEAR 1978: Mayor Reid advised that the previous resolution designating membership needed to be amended since there had been a break in his service with the City due to his resignation as Councilman and the Alternate Member, Terry Gray no longer serves on the City Council. Resolution No. R78-13 was read in full by Councilman McComb. It was moved by Councilman McComb, seconded by Councilman Frauenberger that Resolution No. R78-13 be passed and approved on first and only reading. This Resolution designated Tom Reid as representative and Fran Coppinger as alternate for the balance of the year 1978. Said resolution reads in caption as follows: RESOLUTION NO. R78-13 DESIGNATION OF REPRESENTATIVE HOUSTON-GALVESTON AREA COUNCIL GENERAL MEMBERSHIP BODY 1978. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 5 to 0. RESOLUTION NO. R78-14, A RESOLUTION AUTHORIZING MAYOR TO SIGN ACCEPTANCE AND APPROVAL OF RIGHT-OF-WAY EASEMENT - BLOCK B. OLD TOWNSITE: Resolution No. R78-14 was read in full by Councilman Wilson. It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that Resolution No. R78-14 be passed and approved on first and only reading. Said resolution reads in caption as follows: RESOLUTION NO. R78-14 ..�. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AS ACCEPTED AND APPROVED A 10' SANITARY SEWER EASEMENT FROM THE QUALITY DEVELOPMENT CORPORATION. Voting "Aye" - Councilman Wilson, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 4 to 0. Councilman McComb abstained. RESOLUTION NO. R78 -15,.A RESOLUTION AUTHORIZING MAYOR TO SIGN ACCEPTANCE AND APPROVAL OF RIGHT-OF-WAY EASEMENT BLOCK B, LOTS 9 THROUGH 24, OLD TOWNSITE: Resolution No. R78-15 was read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Farley that Resolution No. R78-15 be passed and approved on first and only reading. Said resolution reads in caption as follows: RESOLUTION NO. R78-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AS ACCEPTED AND APPROVED A TWENTY (201) FOOT ALLEY EASEMENT FROM THE QUALITY DEVELOPMENT CORPORATION. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, and Councilman Wilson. Voting "Nay" - None Motion passed 4 to 0. Councilman McComb abstained. THE STATE OF TEXAS S COUNTIES OF BRAZORIA AND HARRIS J CITY OF PEARLAND The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 24th day of April, 1978, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary of the City, to -wit: Tom Reid Mayor Dennis Frauenberger Harry Farley Fran Coppinger Morris S. Wilson Carlton McComb Dorothy L. Cook Councilman Councilman Councilwoman Councilman Councilman City Secretary and all of said persons were present, except the following absentees: None, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written resolution entitled: RESOLUTION CALLING BOND ELECTION (the "Resolution") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NOES: None. The Mayor thereupon announced that the Resolution had been duly and lawfully adopted. The Resolution thus adopted follows: RESOLUTION NO. R78-16 RESOLUTION CALLING BOND ELECTION THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, the City Council deems it necessary to call the election hereinafter described; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT: Section 1. An election shall be held in the CITY OF PEARLAND on the 13th day of May, 1978, in which all resident, qualified electors of the City shall be entitled to vote; the polls shall be open for voting from 7:00 a.m. to 7:00 p.m. at the following polling place and the following are hereby appointed officers to conduct the election at said polling place: POLLING PLACE: Pearland High School Building 2337 North Galveston Avenue Pearland, Texas ELECTION OFFICERS: Jack Farmer Presiding Judge Ruby Bozka Alternate Presiding Judge Maximum number of clerks: 5 The presiding judge shall appoint not less than two or more than the maximum number of election clerks specified above to serve at the polling place under his jurisdiction. Said presiding judge and one such clerk, to be designated by such presiding judge, shall also serve as the special canvassing board for absentee voting. Dorothy L. Cook is hereby appointed as the clerk and Dorothy Thompson, Mabel Salyer and Barbara Lenamon the assistant clerks for absentee voting, and the: Office of the City Secretary, City Hall, 2335 North Texas Avenue, Pearland, Texas 77581 is hereby designated as the place for absentee voting for said election. Said clerks shall keep said office open for at least eight (8) hours, that is, from 8:00 a.m. to 5:00 p.m., on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5.05, Subdivisions 3d and 3e, Texas Election Code, said clerks shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall they permit anyone to vote absentee by 205 personal appearance at any time when such office is not open to the public. Section 2. At said election the following PROPOSITIONS shall be submitted - in accordance with law: PROPOSITION 1 SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,225,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPEC- TIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO THE SANITARY SEWER SYSTEM OF THE CITY, THE INTEREST ON AND PRINCIPAL OF THE BONDS TO BE SECURED BY AND PAYABLE FROM A LIEN ON AND PLEDGE OF THE NET REVENUES OF THE CITY'S WATERWORKS AND SANITARY SEWER SYSTEM? PROPOSITION 2 SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $525,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DIS- CRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO THE WATERWORKS SYSTEM OF THE CITY, THE INTEREST ON AND PRINCIPAL OF THE BONDS TO BE SECURED BY AND PAYABLE FROM A LIEN ON AND PLEDGE OF THE NET REVENUES OF THE CITY'S WATERWORKS AND SANITARY SEWER SYSTEM? PROPOSITION 3 SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,430,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DIS- CRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING A NEW CITY HALL BUILDING FOR THE CITY, AND TO LEVY TAXES ON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? PROPOSITION 4 SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUED, IN THE AGGREGATE PRINCIPAL AMOUNT OF $610,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DIS- CRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING A NEW LIBRARY BUILDING FOR THE CITY, AND TO LEVY TAXES ON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? PROPOSITION 5. SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,860,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR r� PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DIS- CRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF THE CONSTRUCTION AND IMPROVEMENT OF THE ROADS, BRIDGES, AND STREETS OF THE CITY, AND TO LEVY TAXES ON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AT IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? Section 3. An electronic voting system, as defined and described by Article 7.15, Texas Election Code, shall be used for said election, and the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Brazoria County Courthouse: Manager of the Central Counting Station: J. C. McNeill Tabulation Supervisor: Hoyt Holcomb Presiding Judge for the Central Counting Station: Howard Suttle The Manager and Presiding Judge of the Central Counting Station shall appoint not more than one clerk to serve at the Central Counting Station. The official ballot cards and ballot labels, respectively, for the election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS which shall be set forth on such ballot cards and ballot labels in substantially the following form: OFFICIAL BALLOT PROPOSITION 1 ( ) FOR ) THE ISSUANCE OF $2,225,000 )---SANITARY SEWER SYSTEM ( ) AGAINST ) REVENUE BONDS PROPOSITION 2 ( ) FOR ) THE ISSUANCE OF $525,000 ---WATERWORKS SYSTEM REVENUE ( ) AGAINST ) BONDS PROPOSITION 3 ( ) FOR ) THE ISSUANCE OF $1,430,000 ( ) AGAINST )---CITY HALL BUILDING BONDS PROPOSITION 4 ( ) FOR ) THE ISSUANCE OF $610,000 ( ) AGAINST )---LIBRARY BUILDING BONDS PROPOSITION 5 ( ) FOR ) THE ISSUANCE OF $1,860,000 ( ) AGAINST )---STREET IMPROVEMENT BONDS Section 4. Notice of such election shall be given by posting a substantial copy of this resolution in a public place within the City and also at the City Hall not less than fifteen days prior to the date set for the election, and by publication thereof on the same day in each of two successive weeks in the Journal, the duly designated official newspaper of the City, which is published in the City and is of general circulation in the City, the date of the first publication to be not less than fourteen days prior to the date set for the election. Section 5. Said election shall be held in accordance with the Texas Election Code, except as modified by the Federal Voting Rights Act of 1965, as amended. Section 6. This resolution was read once by the City Council and shall take effect immediately. Section 7. 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 Secretary, and the posting thereof, are hereby authorized, approved, adopted, and ratified. PASSED AND APPROVED this 24th day of April, 1978. s/ Tom Reid ATTEST: Mayor, CITY OF PEARLAND, TEXAS s/ Dorothy L. Cook City Secretary, CITY OF PEARLAND, TEXAS (SEAL) YOU WILL, THEREFORE, TAKE NOTICE of all matters and facts set out in the foregoing notice and resolution. s/ Dorothy L. Cook City Secretary, CITY OF PEARLAND, TEXAS (SEAL) The above Resolution No. R78-16 so adopted was read in full by Councilman McComb. It was moved by Councilman McComb, seconded by Councilman Frauenberger that Resolution No. R78-16 be adopted. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Council- woman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 5 to 0.' ORDINANCE NO. 377, $290,000 CERTIFICATES OF OBLIGATION - SWIMMING POOL: THE STATE OF TEXAS S COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND 8 The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 24th day of April, 1978, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary of the City, to -wit: Tom Reid Mayor Dennis Frauenberger Councilman Harry Farley Councilman Fran Coppinger Councilwoman Morris S. Wilson Councilman Carlton McComb Councilman Dorothy L. Cook City Secretary and all of said persons were present, except the following absentees: None, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordinance entitled: ORDINANCE AUTHORIZING ISSUANCE OF $290,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978; RATIFYING CONTRACTS; AND CONTAINING OTHER ,—, PROVISIONS RELATING TO THE SUBJECT (the "Ordinance") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Ordinance be passed; and, after due discussion, the motion, carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NOES: None. The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted. The Ordinance thus adopted follows: ORDINANCE NO. 377 ORDINANCE AUTHORIZING ISSUANCE OF $290,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978; RATIFYING CONTRACTS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), authorized the publication of a notice to bidders to the effect that competitive r� bids would be received by the City. Council on March 27, 1978, for constructing and equipping public works for the City, to -wit: (1) swimming pools and appurtenances, and (2) a municipal equipment maintenance and storage building, sometimes called a "City Service Center"; and WHEREAS, such notice was published at the times and in the manner required by the Constitutions and laws of the State of Texas and of the United States of America, respectively, particularly Article 2368a.1, Vernon's Texas Civil Statutes, as amended; and WHEREAS, on the date specified in said notice the City Council caused the bids received to be opened and said bids have been tabulated and the following has been determined to be the lowest and best bid. Bidder P.G. Bell Company P.O. Box 2651 Houston, Texas 77001 Amount of Bid $493,300 gog and the City Council has heretofore determined to accept such bid and has entered into a contract pursuant thereto; and WHEREAS, it is hereby found and determined that such bid in every respect meets the specifications mentioned in the notice to bidders; and WHEREAS, the said bidder elected at the time of the receipt of the City Council of such bid to assign such certificates without discount to the PEARLAND STATE BANK, Pearland, Texas, with whom the City Council has made provision for such assignment; and WHEREAS, no bids were received for constructing and equipping a municipal equipment maintenance and storage building, sometimes called a "City Service Center"; and WHEREAS, it is hereby found and determined that the City Council is author- ized to proceed with the issuance of said certificates of obligation in accordance with the terms and provisions of this ordinance; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. Section 2. The City Council hereby approves, ratifies and confirms in all respects the contract with P. G. Bell Company mentioned in the preamble of this ordinance. Section 3. The City's negotiable certificates of obligation, to be designated CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978 (hereinafter called the "Certificates"), are hereby authorized to be issued and delivered in the principal amount of $290,000 for the purpose of evidencing the indebtedness of the City for all or any part of the cost of constructing and equipping public works for the City, to -wit: swimming pools and appurtenances, including the cost of professional services in connection therewith, in strict conformity with the Constitution and laws of the State of Texas, particularly Article 2368a.1, Vernon's Texas Civil Statutes, as amended. Section 4. The Certificates shall be dated May 1, 1978, shall be numbered consecutively from 1 through 58, shall be in the denomination of $5,000 each and shall mature serially on February I of each of the years, and in the amounts, respectively, set forth in the following schedule: YEAR AMOUNT 1979 $15,000 1980 20,000 1981 20,000 1982 20,000 1983 20,000 1984 20,000 1985 25,000 1986 30,000 1987 60,000 1988 60,000 Section S. The Certificates shall bear interest from the date of initial delivery shown on the face of each Certificate at the rate of 5.00% per annum, interest payable on the dates indicated in the FORM OF CERTIFICATE set forth in this ordinance. Section 6. The Certificates shall be registrable both as to principal and interest, shall be payable, and shall have the characteristics, and shall be signed and executed (and the Certificates shall be sealed), all as provided and in the manner indicated in the FORM OF CERTIFICATE set forth in this ordinance. Section 7. The form of Certificates, including the form of the Certificates of Registration, shall be, respectively, substantially as follows: k" FORM OF CERTIFICATE: UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES 1978 $5,000 ON FEBRUARY 1, 19`, the CITY OF PEARLAND (hereinafter called the "City"), in the Counties of Brazoria and Harris, in the State of Texas, promises to pay to bearer or, if this Certificate is registered, to the registered owner hereof, M the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, FROM THE DATE OF INITIAL DELIVERY SHOWN ON THE FACE HEREOF, to bearer or, if this Certificate is registered, to the registered owner hereof, at the rate of 5.00% per annum, interest payable February 1, 1979, and semiannually thereafter on each August 1 and February 1 while this Certificate is outstanding. Both the principal of and interest on this Certificate shall be payable, without exchange or collection charges to the owners or holders, upon presentation and, in the case of the principal when due, surrender of this ^ Certificate at the PEARLAND STATE BANK, Pearland, Texas, which shall be the paying agent for this series of Certificates. r-, THIS CERTIFICATE is one of a series of negotiable, registrable Certificates — of Obligation, dated May 1, 1978, numbered from 1 through 58, in the denomination of $5,000 each, aggregating $290,000, issued in accordance with the Constitution and laws of the State of Texas, particularly Article 2368a.1, Vernon's Texas Civil Statutes, as amended, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of constructing and equipping public works for the City, to -wit: swimming pools and appurtenances, including the cost of profes- sional services in connection therewith, and pursuant to an ordinance adopted by the City Council of the City on the 24th day of April, 1978. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this Certificate, have been performed, existed, and been done in accordance with law; that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City and have been pledged irrevocably for such payment within the limits prescribed by law; that this Certificate shall be a debt of the City within the meaning of Article XI, Sections 5 and 7 of the Constitution of Texas; and that, when delivered, this Certificate shall be deemed and construed (i) to be a "Security" within the meaning of Chapter 8, Investment Securities, Uniform Commercial Code (Chapter 785, Acts of the 60th Legislature, Regular Session, 1967), and (ii) to be a general obligation of the City within the meaning of Chapter 784, Acts of the 61st Legislature of Texas, Regular Session, 1969. THIS CERTIFICATE shall be transferable by delivery unless registered as to principal in the owner'sname upon books of the City to be kept for that purpose at the office of the City Secretary of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on said books at the request of the registered owner hereof, or his duly authorized agent, and simularly noted hereon; but this Certificate may be discharged from registration by being in like manner trans- ferred to bearer, whereupon transferability by delivery shall be restored; and this Certificate may again and from time to time be registered or made payable to bearer as before. IN WITNESS WHEREOF, this Certificate of Obligation has been signed by the Mayor of the City and countersigned by the City Secretary of the -City, and the official seal of the City has been duly impressed, or placed in facsimile, on this Certificate. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: xxxxxxxxx Mayor, City of Pearland, Texas COUNTERSIGNED: xxxxxxxxxxx City Secretary, City of Pearland, Texas (SEAL) CERTIFICATE OF REGISTRATION: IT IS HEREBY CERTIFIED that, at the request of the holder of the within Certificate, I have this day registered it as to principal in the name of such holder as indicated in the registration blank below, on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. If the last transfer recorded on the books of the Registrar and in the below registra- tion blank shall be to bearer, the principal and interest of this Certificate shall be payable to bearer, and such Certificate shall be in all respects negotiable. 210 Name of Date of Signature of City Secretary Registered Holder Registration (Registrar) Section 8. A special fund or account, to be designated the "City of Pearland, Texas, Certificates of Obligation, Series 1978, Interest and Sinking Fund" (hereinafter called the "Interest and Sinking Fund"), is hereby created and shall be established and maintained by the City at an official depository bank of the City. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City and shall be used only for paying the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Certificates are outstanding and unpaid, the City Council of the City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest comes due and to provide and maintain a sinking fund adequate to pay the principal of the Certificates as such principal matures but never less than 2% of the original principal amount of the Certificates as a sinking fund each year; and said tax shall be based on the latest approved tax rolls of the City, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be levied, against all taxable property in the City for each year while any of the Certificates are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment within the limits prescribed by law. Section 9. Claims incurred for the purposes set forth in Section 3 hereof may be funded and exchanged for a like total principal amount of Certificates, and any amount in excess of the principal amount of Certificates authorized to be delivered at any one time may be paid in cash or carried forward to a subsequent exchange, or exchanges, of claims for Certificates. However, none of the Certificates authorized by this ordinance shall be delivered except pursuant to a further ordinance, or ordinances, to be adopted by this City Council. Section 10. The Mayor and all other appropriate officers of the City are hereby authorized and directed to do any and all things necessary or convenient to carry out the provisions of this ordinance. Section 11. This ordinance shall take effect immediately upon its passage following the second and final reading thereof. Section 12. 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 ordinance is adopted and for the adoption of this ordinance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby approved, adopted and ratified. PASSED AND APPROVED this 24th day of April, 1978. s/Tom Reid Mayor, CITY OF PEARLAND, TEXAS ATTEST: s/Dorothy L. Cook City Secretary, CITY OF PEARLAND, TEXAS (SEAL) The passage of Ordinance No. 377 was on a motion by Councilwoman Coppinger, seconded by Councilman Wilson. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. ORDINANCE NO. 246-41, C. R. HACKNEY, JR.: The caption of Ordinance No. 246-41 was read by Councilman Farley. (First Reading) It was moved by Councilman Farley, seconded by Councilman McComb that Ordinance No. 246-41 be passed and approved on first reading. Said ordinance reads in caption as follows; ORDINANCE NO. 246-41 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 Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 5 to 0. ORDINANCE NO. 246-42, A. A. SAGE, TRUSTEE, CBS DEVELOPMENT COMPANY: The caption of Ordinance No. 246-42 was read by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Wilson that Ordinance No. 246-42 be passed and approved on first reading. Said ordinance reads in caption as follows: ORDINANCE NO. 246-42 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, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. ORDINANCE NO. 246-43, AARON PASTERNAK, TRUSTEE: The caption of Ordinance No. 246-43 was read by Councilman Wilson. (First Reading) It was moved by Councilman Wilson, seconded by Councilman McComb that Ordinance No. 246-43 be passed and approved on first reading. Said ordinance reads in caption as follows: ORDINANCE NO. 246-43 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 Farley, and Councilman Frauenberger. r—" Voting "Nay" - Councilwoman Coppinger Motion passed 4 to 1. ORDINANCE NO. 224-3. AMENDMENT TO BUILDING CODE: The caption of Ordinance No. 224-3 was read by Councilman Farley. (First Reading) It was moved by Councilman Farley, seconded by Councilman McComb that Ordinance No. 224-3 be passed and approved on first reading. Said ordinance reads in caption as follows: ORDINANCE NO. 224-3 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION I OF ORDINANCE NO. 224-2, HERETOFORE ADOPTED BY THE CITY COUNCIL 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, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. REPORTS FROM PLANNING AND ZONING COMMISSION AND CALL OF PUBLIC HEARING ON LAND USE CHANGE APPLICATIONS: Mayor Reid read a report from the Planning and Zoning Commission dated April 20, 1978, advising that the Commission voted 6-0 to approve this request for land use change Application No. 55 only if it was amended to change all land to R-2 and none to GR. Mayor Reid read a report from the Planning and Zoning Commission dated April 20, 1978, advising that the Commission voted 6-0 to approve this request for land use change Application No. 56 only if it was amended to change Tract C to R-1 instead of R-2. It was moved by Councilman Farley, seconded by Councilman Frauenberger that Public Hearings be called before the City Council on Application Nos. 55 and 56 under Docketed Public Hearings of the regular agenda on May 22, 1978. Motion passed 5 to 0. It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that a Public Hearing before the Planning and Zoning Commission be called on Application No. 58, C. H. & Helen F. Alexander Estate for 7:30 P.M., May 16, 1978. Motion passed 5 to 0. OTHER BUSINESS: 8:40 P.M. EXECUTIVE SESSION - Texas Open Meeting's Law, Section 2, Subsection (g) Personnel. Returned to open session at 11:30 P.M. ADJOURNED: The meeting was adjourned at 11:30 P.M. Minutes approved as submitted and/or corrected this _ f day of A. D., 1978. Mayor ATTEST City Secretary