1978-05-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON MAY 8, 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
Councilwoman
Councilman
Councilman
City Manager
City Attorney
City Secretary
Tom Reid
Fran Coppinger
Carlton McComb
Morris S. Wilson
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
ABSENT FROM THE MEETING: Councilman Harry Farley and Councilman Frauenberger.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Mayor Reid. The Pledge of Allegiance was led by City
Attorney Bobby Williams.
BID OPENING - CITY SERVICE CENTER:
Bids were opened as follows:
VENDOR TOTAL BID BID BOND
P. G. Bell Company $173,800 Travelers Indemnity Company
Pacer Building Systems 169,493 The Aetna Casualty Company
S. & S. Construction Company 149,200 Fidelity & Deposit Company
It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that the
bids be referred to the City Manager and Ron Wicker for tabulation and recom-
mendation at the next regular council meeting. Motion passed 3 to 0.
APPROVAL OF MINUTES:
It was moved by Councilman McComb, seconded by Councilman Wilson that the minutes
of a special meeting held on April 17, 1978, be approved as submitted. Motion
passed 3 to 0.
It was moved by Councilman McComb, seconded by Councilman Wilson that the minutes
of a regular meeting held on April 24, 1978, be approved as submitted. Motion
passed 3 to 0.
It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that the
minutes of a special meeting held on April 27, 1978, be approved as submitted.
Motion passed 3 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid advised that he was asked to bring to the attention of the citizens
of Pearland that the U.S. Coast Guard in cooperation with the Pearland Bass
Club will hold a boat inspection field day on Gibson's parking lot between the
hours of 9:00 A.M. and 5:00 P.M. Saturday, May 13, 1978.
Mayor Reid called a special meeting for Monday, May 15, 1978 at 7:30 P.M. to
canvass the votes of the bond election.
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS: None
-- I
CITIZENS: None
DOCKETED PUBLIC HEARINGS:
1. APPLICATION NO. 54A, Aaron Pasternak, Trustee,
3.8274 acres and 28.633 acres of land out of a
313 acre tract in the W.D.C. Hall Survey, Abstract
70 and the Green Survey in Abstract 198, Brazoria
County, Texas. Requested change - PU to General
Business.
PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Aaron Pasternak, Trustee,
spoke before the City Council asking approval of this requested change in
land use.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None
QUESTION AND ANSWER PERIOD: Councilwoman Coppinger asked Mr. Pasternak if he
had an overall plan for rezoning all of his property in this area. Mr.
Pasternak advised that he did have such a plan that..is now.being..prepared.
ADJOURN HEARING: 7:50 P.M.
UNFINISHED BUSINESS:
ORDINANCE NO. 377, AN ORDINANCE AUTHORIZING ISSUANCE OF $290,000 CERTIFICATES OF
OBLIGATION FOR SWIMMING POOL:
It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that
Ordinance No. 377 be read in full rather than just by caption. Motion passed
2 to 1. Councilman McComb opposed.
Ordinance No. 377 was read in full by Councilman McComb, Councilman Wilson, and
r--� Councilwoman Coppinger. (Second Reading)
It was moved by Councilwoman Coppinger, seconded by Councilman McComb that
Ordinance No. 377 be passed and approved on second and final reading. Said
Ordinance No. 377 reads in caption as 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.
Voting "Aye" - Councilwoman Coppinger, Councilman McComb, and _Councilman Wilson.
Voting "Nay" - None
Motion passed 3 to 0.
The information shown below is all information pertinent to the passage and
approval of Ordinance No. 377 on second and final reading:
THE STATE OF TEXAS 8
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
r--• The City Council of the City of Pearland, Texas, convened in regular meeting,
open to the public, on the 8th day of May, 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
Dennis Frauenberger
Harry Farley
Fran Coppinger
Morris S. Wilson
Carlton McComb
Dorothy L. Cook
Mayor
Councilman
Councilman
Councilwoman
Councilman
Councilman
City Secretary
and all of said persons were present, except the following absentees: Councilman
Frauenberger and Councilman Farley, 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 PRO-
VISIONS RELATING TO THE SUBJECT.
(the "Ordinance") was duly introduced for the consideration of the City Council
and was read and considered by the City Council, the Ordinance being the same
ordinance which was heretofore read, considered and adopted by the City Council
at its regular meeting on April 24, 1978. 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 AUTHORIZING ISSUANCE OF $290,000 CITY OF
PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978; RATIFYING CONTRACTS: AND CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
THE STATE OF TEXAS I
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND J
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
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
Amount of Bid
P.G. Bell Company $493,300
P. 0. Box 2651
Houston, Texas 77001
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 by the City
Council of such bid to assign such certificates without discount to the PEARLAND
STATE BANK, Pearland, Texas, with whom the City Council had made provisions 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 authorized
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.
41J %
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 1 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 5. 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
0--ftmanner indicated in the FORM OF CERTIFICATE set forth in this ordinance.
Section 7. The form of Certificates, including the form of the Certificate
of Registration, shall be, respectively, substantially as follows:
NO.
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, 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.
THIS CERTIFICATE is one of a series of negotiable, registrable Certificates
of Obligation, dated May`l, 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 professional
services in connection therewith, and pursuant to an ordinance adopted by the City
Council of the City on the 24th day of April, 1978.
W
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's name 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 similarly noted hereon; but this Certificate may be
discharged from registration by being'in like manner transferred to bearer, where-
upon 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:
xxxxxxxxxxxxx
Mayor
COUNTERSIGNED: City of Pearland, Texas
xxxxxxxxxxxxxx
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 registration
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.
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" (here-
inafter 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
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 thing necessary or convenient to
carry out the provisions of this ordinance.
Section 11. This ordinance was read once by the City Council on April 24,
1978, and read again on May 8, 1978.
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 8th day of May, 1978.
ATTEST: /s/ Tom Reid
.—. Mayor
/s/ Dorothy L. Cook CITY OF PEARLAND, TEXAS
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
ORDINANCE NO. 246-41, AMENDMENT TO LAND USE ORDINANCE - C. R. HACKNEY, JR.:
The caption of Ordinance No. 246-41 was read by Councilman Wilson. (Second Reading)
It was moved by Councilman Wilson, seconded by Councilman McComb that Ordinance No.
246 -41 -be passed and approved on second and final 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" - Councilwoman Coppinger, Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 3 to 0.
ORDINANCE NO. 246-42, AMENDMENT TO LAND USE ORDINANCE - A. A. SAGE, TRUSTEE:
The caption of Ordinance No. 246-42 was read by Councilman McComb. (Second Reading)
It was moved by Councilman McComb, seconded by Councilman Wilson that Ordinance No.
246-42 be passed and approved on second and final 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 Wilson, Councilman McComb, and Councilwoman Coppinger.
Voting "Nay" - None Motion passed 3 to 0.
ORDINANCE NO. 246-43, AMENDMENT TO LAND USE ORDINANCE - AARON PASTERNAK, TRUSTEE:
The caption of Ordinance No. 246-43 was read by Mayor Reid. (Second Reading)
It was moved by Councilman McComb, seconded by Councilman Wilson that Ordinance
No. 246-43 be passed and approved on second and final 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.
Voting "Nay" - Councilwoman Coppinger. Motion passed 2 to 1.
ORDINANCE NO. 224-3. AMENDMENT TO BUILDING CODE:
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that
Ordinance No. 224-3 be read in full. Motion passed 3 to 0.
Ordinance No. 224-3 was read in full by Councilman McComb. (Second Reading)
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that
Ordinance No. 224-3 be passed and approved on second and final reading. Said
Ordinance No. 224-3 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 McComb, Councilman Wilson, and Councilwoman Coppinger.
Voting "Nay" - None Motion passed 3 to 0.
NEW BUSINESS:
REOUEST BY GUS C. WILDE FOR RELEASE OF BUILDING PERMIT ON ONE ACRE TRACT ON
YOST ROAD:
Mrs. Louise Nichols, Real Estate Agent, appeared before the City Council with a
request for release of two building permits on a one acre tract owned by Gus
C. Wilde. Mrs. Nichols advised that Mr. Wilde wished to sell the property in
acre tracts, if he could.
A discussion was held between the Council and Mrs. Nichols; it was decided to
pass this item until a later time. This would allow Mrs. Nichols to contact the
adjoining property owners to obtain their reaction to such a division of property
since most of the homes along this area have been built on one acre tracts.
COUNCIL DECISION ON APPLICATION NO. 54A, AARON PASTERNAK, TRUSTEE:
It was moved by Councilman McComb, seconded by Councilman Wilson that the City
Attorney be instructed to prepare ordinance for consideration by the City Council
on the request by Aaron Pasternak, Trustee, Application No. 54A. Motion
passed 3 to 0.
`21
ORDINANCE NO. 246-45, JERRY W. RAWLS, ET AL:
The caption of Ordinance No. 246-45 was read by Councilwoman Coppinger.
(First Reading)
It was moved by Councilwoman Coppinger, seconded by Councilman McComb that Ordinance
No. 246-45 be passed and approved on first reading. Said ordinance reads in
caption as follows:
ORDINANCE NO. 246-45
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" - Councilwoman Coppinger, Councilman McComb, Councilman Wilson.
Voting "Nay" - None Motion passed 3 to 0.
ORDINANCE NO. 246-44, JOHN C. DYESS, ET AL:
Mayor Reid announced that this item would require action by a full council,
therefore, it will be considered at a later meeting.
RESOLUTION NO. R78-18, A RESOLUTION APPROVING CLAIMS TO CHENNAULT MATERIALS CO.:
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
The City Council of the City of Pearland, Texas, convened in regular meeting,
open to the public, on the 8th day of May, 1978, at the City Hall, and the roll was
called of the duly constituted officers and members of the City Council and the
r--� 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: Councilman
Frauenberger and Councilman Farley, thus constituting a quorum. Whereupon, among
other business, the following was transacted at said meeting: a written reso-
lution entitled:
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(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. R78-18
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), by
resolution adopted June 14, 1976, found that it was necessary and desirable for
the City to purchase materials and supplies for improving the roads, bridges and
streets of the City, to -wit: (1) base material and fill; (2) hot -mix asphalt
ZZ2
surfacing material; and (3) bridge construction materials and supplies, and that
certificates of obligation be issued by the City for all or any part of the cost
of same; and
WHEREAS, the City Council gave due and proper notice to bidders of the time
and place when and where a contract, or contracts, for the purchase of such
materials and supplies would be let and due and proper notice of its intention to
issue such certificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract to CHENNAULT MATERIALS,
INC., Houston, Texas (the "Contractor") in the amount of $74,450.00, as the lowest
and best bid for the furnishing of the base material and fill and the Contractor
at the time of the receipt of such bid elected to assign such certificates in
payment for all or any part of the cost of the contract in accordance with the
arrangements made by the City Council; and
WHEREAS, the Contractor, as shown on a true copy of its Claim No. 3, attached
hereto as Exhibit "A" and made a part hereof as if fully written herein, has
submitted said claim for furnishing such materials and supplies; and
WHEREAS, the City has received the full benefits of such contract represented
by said claim to full extent thereof and to the full extent of the certificates
of obligation hereinafter authorized to be delivered; and no person, corporation or
trust estate has given notice in writing or otherwise to the City, or to any
official thereof, of any liens for any materials, apparatus, fixtures, machinery or
labor furnished to the Contractor as provided by Chapter 17, Acts of the Legislature
of Texas, 1925 (Article 5472-a, Vernon's Texas Civil Statutes), or any other
provisions of law; and
WHEREAS, the City 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 the
aforesaid claim; and
WHEREAS, said claim has been assigned to Pearland State Bank, Pearland, Texas,
without discount, and said bank is now the legal owner and holder thereof; and
WHEREAS, the City Council of the City wishes to approve said claim and
authorize the payment thereof by the issuance and delivery of certain of said
certificates of obligation, all as shown on said Exhibit "A" and as hereinafter
set out: AMOUNT TO BE AMOUNT TO BE
CLAIMANT PAID NOW CARRIED FORWARD
Chennault Materials, Inc. $7,000.00 $883.70
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, THAT:
Section 1. The matters and facts contained in the preamble of this resolution
are hereby found and declared to be true and correct.
Section 2. The claim described in the preamble of this resolution and fully
set forth in Exhibit "A" mentioned in said preamble shall be, and the same is hereby,
approved and allowed, and the City hereby acknowledges receipt of the full benefits
represented by said claim to the full extent thereof and to the full extent of the
certificates of obligation herein authorized to be delivered; and the City hereby
recognizes and approves the transfer and assignment of said claim and account to
Pearland State Bank, Pearland, Texas.
Section 3. There is now due and owing to said bank the sum of $7,000.00 and
to the Contractor the sum of $883.70.
Section 4. There shall be executed and delivered to said bank Certificates
Nos. 70 through 76, both inclusive, aggregating $7,000, of the CITY OF PEARLAND,
TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A, dated July 1, 1976, and the sum
of $883.70 shall be carried forward to the next delivery of such Certificates to
the Contractor.
Section 5. The Mayor, City Secretary, City Treasurer, and other appropriate
City officials, are hereby authorized and directed to deliver said Certificates
above mentioned and to do any and all things necessary or convenient to carry out
the terms of this resolution.
PASSED AND APPROVED this 8th day of May, 1978.
/s/ Tom Reid
ATTEST: Mayor
/s/ Dorothy L. Cook CITY OF PEARLAND, TEXAS
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
223
EXHIBIT "A"
Claim No. 3 Dated: May 8, 1978
of Chennault Materials, Inc. (the "Contractor"), against the City of Pearland,
Texas (the "City"), as per contract in the amount of $74,450.00, between the
City and the Contractor:
1. Total completed to date......................................$34,883.70
2. Less previous payments.......................................$27,000.00
3. Current payment due ..........................................$ 7,883.00
4. Amount to be paid Contractor by issuance of
Certificates of Obligation ...................................$ 7,000.00
5. Carry-over to next claim .....................................$ 883.70
The amount shown in line 3 above represents our claim against the City of
Pearland, Texas, for furnishing materials and supplies under and in conformity
with the terms and conditions of the contract described above; and $7,000.00 of
such claim has been and is hereby assigned in full, without discount, to Pearland
State Bank, Pearland, Texas.
(SEAL)
CHENNAULT MATERIALS, INC.
By /s/ Norman Chennault
(Authorized Representative)
President
(Title)
All materials and supplies represented by the claim shown in line 3 above are
in full accordance with the terms and conditions of the contract described above,
and such claim is hereby in all things approved for payment by the City.
MALCOLM A COLLINS, ENGINEER
By /s/ Malcolm A. Collins
The above Resolution was read in full by Councilwoman Coppinger. The motion for
passage of Resolution No. R78-18 was made by Councilwoman Coppinger and seconded
by Councilman Wilson subject to signature of an authorized representative of
Chennault Materials, Inc. and Malcolm A. Collins, Engineer on Exhibit "A".
Voting "Aye" - Councilwoman Coppinger, Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 3 to 0.
MEETING RECESSED AT 8:35 P.M. - RECONVENED AT 8:45 P.M.
APPLICATION NO. 57, DULANEY & NEWELL:
Mayor Reid read a report dated May 3, 1978, from the Planning and Zoning Commission
recommending approval of the requested zone change by Dulaney & Newell.
It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that a Public
Hearing before the City Council on Application No. 57, Dulaney & Newell under
Docketed Public Hearings of the regular agenda on June 12, 1978. Motion passed
3 to 0.
RECOMMENDATIONS FOR MODIFICATION OF SWIMMING POOL CONSTRUCTION:
The proposed modifications outlined in P.G. Bell Company's letter of April 14,
1978, were discussed by the City Council.
It was moved by Councilman McComb, seconded by Councilman Wilson that.the.:amendments
that were recommended by the Staff and shown in a letter dated April 14, 1978, from
P. G. Bell Company by the astersk total $39,777.00 be approved by the City Council
and City Engineer and the City Manager and his staff do all things necessary to
expedite the changes. Motion passed 3 to 0.
ADJOURN: The meeting adjourned at 9:05 P.M.
224
Minutes of the May 8, 1978 Regular Council Meeting approved as submitted and/or
corrected this the _-�2 day of A. D., 1978.
Mayor
ATTEST:
ty Secretary