1978-06-12 CITY COUNCIL REGULAR MEETING MINUTES2QA.
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JUNE 12, 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 and Mayor Pro -Tem
Councilman
Councilwoman
Councilman
Councilman
City Manager
City Attorney
Assistant 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
Loretta K. Bonin
The invocation was given by Councilman Farley. The Pledge of Allegiance was led
by Mrs. Norma Joyce Lee.
BID OPENING - BID NO. B78-8, ECONOMY CAR FOR BUILDING INSPECTION DEPARTMENT:
Bids were opened as follows:
VENDOR MODEL AMOUNT DELIVERY DATE
Bud Brown Ford, Inc. 1978 Ford Pinto $3,251.37 six weeks
Alvin, Texas 77511
Kliesing Motor Company 1978 Chevett $3,315.00 two days
Pearland, Texas 77581
It was moved by Councilman Farley, seconded by Councilman Wilson that Bid No. B78-8
be received into the records and referred to a committee for recommendation and
tabulation. Motion passed 5 to 0.
APPROVAL OF MINUTES:
It was moved by Councilwoman Coppinger, seconded by Councilman McComb that the
minutes of the regular meeting held on May 22, 1978 be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid encouraged the citizens to use the Hurricane awareness maps and
information brochures sent out by the City in their utility bills.
The Mayor read a letter dated May 26, 1978 from Mr. Poorman of the Texas Highway
Department concerning the widening and paving of the Dixie Farm Road and the
Green Tee intersections with R.M. 518 for traffic control lights. On June 1, 1978,
City Manager Wolff, Ron Wicker, and Mayor Reid met with Mr. Poorman concerning
the underpass at the railroad tracks on F.M. 518. Mr. Poorman is to review the
plans.
Mayor Reid also stated that Pearland won second place in the Brazoria County
Keep America Beautiful Contest. The Mayor commended everyone who participated
in beautifying Pearland.
COUNCIL ACTIVITY REPORTS:
Councilman Frauenberger asked to reserve his report until during the citizens
section of the meeting.
Councilman McComb proposed that the Mayor and City Council join together to make
a City of Pearland Newsletter. He feels that the newspapers that serve the
Pearland area do not give complete and/or correct information concerning City
matters.
DEPARTMENTAL REPORTS: None
:) r) r -
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CITIZENS:
Mrs. Connie Sellars spoke in behalf of the Woodcreek Civic Club concerning the
drainage ditch in Woodcreek Subdivision that runs parallel to Crane Street. She
submitted a statement concerning this matter. The Mayor asked City Manager Wolff
to investigate and report back to the City Council.
Mrs. Ann Wagnor spoke in behalf of the PTA concerning a YMCA facility in the
r— Pearland area.
Councilman Frauenberger wished to make a resolution that the City Council pledge
full support for a YMCA in Pearland. This resolution to be an item for consideration
at the next regular meeting.
Mayor Reid asked Mrs. Norma Joyce Lee to brief the City Council on the recent
meeting with Mr. Jim Bower, Executive Director of Area YMCA, and the citizens
that were concerned. Mayor Reid also commended Mr. George Young for the free land
he was donating for a Pearland YMCA. The Mayor stated that letters would be
going out to service organizations and interested people calling a meeting sometime
in the future to form a steering committee to coordinate the efforts of the Pearland
citizens to bring a YMCA to Pearland.
Mr. Bobby R. Lee, representing the South Texas Pipeline Company, spoke before
the City Council requesting right-of-way on Dixie Farm Road to construct an
eight inch Ethylene and a six inch Propylene line which is coming from Corpus
Christi to Houston, Texas. There was some discussion on the safety of these
lines and the procedures of this Company. The Mayor referred this item to the
r� City Attorney to bring back a recommendation to the City Council at a later date.
DOCKETED PUBLIC HEARINGS:
1. REQUEST FOR CHANGE IN LAND USE BY DULANEY & NEWELL, APPLICATION
NO. 57, ON THE FOLLOWING PROPERTY DESCRIBED.FROM PU TO COMMERCIAL:
One acre tract of land out of Lot 30, located in the W.
Zychlinski's Subdivision out of the H. T. & B. RR. Company,
Section 4, Survey Abstract 543, Brazoria County, Texas.
PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE:
Mr. Carl Dulaney, part owner of property, spoke in behalf of the requested change.
PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE:
Mr. Robert Smith lives at the end of Shank Road. He stated that the only outlet
from Shank Road is to Mykawa Road and that Shank Road was badly in need of repair,
but the City has not attempted to repair it. He stated that until this road could
be repaired, he was against this zoning change because the added business would
increase the road damage.
QUESTION AND ANSWER PERIOD:
Councilman McComb asked Mr..Dulaney if it was a clearly defined 50' pipeline
easement through the property that he is asking,a zoning change for. Mr. Dulaney
replied that it was.
MEETING RECESSED AT $ 35.P.M.--,.- RECONVENED AT 8:50 P.M.
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the
City Attorney prepare the necessary ordinance for Application No. 57, request
for change in zoning by Dulaney and Newell. Motion passed 5 to 0.
PUBLIC HEARING ADJOURNED: 8:51 P.M.
236
2. REQUEST FOR CHANGE IN LAND USE BY C. H. & HELEN F. ALEXANDER
ESTATE, APPLICATION NO. 58 ON THE FOLLOWING PROPERTY DESCRIBED
FROM PU TO GB:
A tract of 13 acres which fronts on Broadway Street for a
distance of approximately 1,050 feet and has a depth of 600
feet from said Broadway Street out of and part of 310.5 acres,
more or less, described in deed records in Volume 409, Page
159, Deed Records, Brazoria County, including 35 acres described
in Deed Records in Volume 635, Page 609, situated in the Thomas
J. Green One-third League Survey, Abstract 198, Brazoria County,
Texas, said 310.5 acre tract being the same land conveyed by
the Allison Rickey Land Company to Carry A. Easterly by deed dated
January 8, 1914, and duly recorded in Book 129, Paged 59-60,
Deed Records, Brazoria County, Texas, to which deed and the
record thereof reference is here made for all purposes.
PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE:
Mr. Charles Webb, representing the Alexander Estate, spoke in behalf of the
requested change and stated that a K -Mart Store is planned to be built there.
PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: None
UESTION AND ANSWER PERIOD: None
It was moved by Councilman McComb, seconded by Councilman Farley that the City
Attorney prepare the necessary ordinance for Application No. 58, request for
change in zoning by C. H. & Helen F. Alexander Estate. Motion passed 5 to 0.
PUBLIC HEARING ADJOURNED: 8:55 P.M.
UNFINISHED BUSINESS:
ORDINANCE NO. 246-46, AN ORDINANCE REQUESTING A CHANGE IN LAND USE BY AARON
PASTERNAK, TRUSTEE, APPLICATION NO. 54A:
Ordinance No. 246-46 was read in caption by Councilman Farley. (Second Reading)
It was moved by Councilman Farley, seconded by Councilman Wilson that Ordinance
No. 246-46 be passed and approved on second and final reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 246-46
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.
RESOLUTION NO. R78-22, A RESOLUTION PROVIDING FOR GIVING OF NOTICE OF A PUBLIC
HEARING TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW
LYING WITHIN THE EXTRA -TERRITORIAL JURSIDICTION OF THE CITY OF PEARLAND:
Resolution No. R78-22 was read in full by Councilwoman Coppinger.
It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that
Resolution No. R78-22 be accepted, and a public hearing be called under Docketed Public
Hearings of the regular agenda of the June 26, 1978 meeting at 7:30 P.M. Said
Resolution reads in caption as follows:
237
RESOLUTION NO. R78-22
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR
THE GIVING OF NOTICE OF A PUBLIC HEARING TO BE HELD CONCERNING
THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN
THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND, TEXAS.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley,
Councilwoman Coppinger, and Councilman Frauenberger
P„ Voting "Nay" - None Motion passed 5 to 0.
ORDINANCE NO. 374, WRECKER ORDINANCE:
This item passed until a later date.
ORDINANCE NO. 246-47, AN ORDINANCE REQUESTING A CHANGE IN LAND USE BY FRANK
BARRINGER, TRUSTEE, APPLICATION NO. 55:
Ordinance No. 246-47 was read in caption by Councilman Frauenberger. (First Reading)
It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that
Ordinance No. 246-47 be passed and approved on first reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 246-47
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. 246-48, AN ORDINANCE REQUESTING A CHANGE IN LAND USE BY AARON
PASTERNAK, TRUSTEE, APPLICATION NO. 56:
Ordinance No. 246-48 was read in caption by Councilman Wilson. (First Reading)
It was moved by Councilman Wilson, seconded by Councilman Farley that Ordinance
No. 246-48 be passed and approved on first reading. Said Ordinance reads in
caption as follows:
ORDINANCE NO. 246-48
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. 378, ESTABLISHING SPEED LIMITS DURING THE CONSTRUCTION ON F.M. 518
WITHIN THE CORPORATE LIMITS OF PEARLAND:
Ordinance No. 378 was read in full by Councilman McComb. (First Reading)
It was moved by Councilman McComb, seconded by Councilman Wilson that Ordinance
No. 378 be passed and approved on first reading. Said Ordinance reads in caption
as follows:
ORDINANCE NO. 378
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING SPEED
LIMITS DURING CONSTRUCTION ON FM 518 WITHIN THE CORPORATE LIMITS
OF PEARLAND AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.
X33
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley,
Councilman McComb, Councilman Wilson.
Voting "Nay" - None
Motion passed 5 to 0.
ORDINANCE NO. 379, AUTHORIZING ISSUANCE OF $175,000 CITY OF PEARLAND, TEXAS,
CERTIFICATES OF OBLIGATION, SERIES 1978-A:
Ordinance No. 379 was read in caption by Councilman Farley. (First Reading)
It was moved by Councilman Farley, seconded by Councilman Frauenberger that
Ordinance No. 379 be passed and approved on first reading. Said Ordinance reads
as follows:
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 12th day of June, 1978, at the City Hall,
and the roll was called of the duly constituted officers and members of the City
Council and the Assistant 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
Loretta Bonin Assistant 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 $175,000 CITY OF
PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978-A; RATIFYING CONTRACT; 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. 379
ORDINANCE AUTHORIZING ISSUANCE OF $175,000 CITY OF PEARLAND,
TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A; RATIFYING
CONTRACT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS
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 May 8, 1978, for constructing and
equipping public works for the City, to -wit: 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
S. & S. Contracting Company $149,200
2315 Southwest Freeway
Houston, Texas 77098
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 has made provisions for
such assignment; and
WHEREAS, it is hereby found and determined that the City Council is
authorized to proceed with the issuanceof 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 S. & S. Contracting Company mentioned in the pre-
amble of this ordinance.
Section 3. The City's negotiable certificates of obligation, to be
designated CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A
(hereinafter called the "Certificates"), are hereby authorized to be issued and
delivered in the principal amount of $175,000 for the purpose of evidencing the
endebtedness of the City for all or any part of the cost of constructing and
equipping public works for the City, to -wit: a municipal equipment maintenance
and storage building, sometimes called a "City Service Center", 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 June 1, 1978, shall be
numbered consecutively from 1 through 35, 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
1981 $251000
1982 25,000
1983 25,000
1984 25,000
1985 25,000
1986 25,000
1987 25,000
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 to
June 1, 1979, and on June 1, 1979 and thereafter at the rate of 6.00% 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 Certificate
of Registration, shall be, respectively, substantially as follows:
FORM OF CERTIFICATE:
NO. $5,000
UNITED STATED OF AMERICA
STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND, TEXAS
CERTIFICATES OF OBLIGATION
SERIES 1978-A
2 �-
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 to
June 1, 1979, and on June 1, 1979 and thereafter at the rate of 6.00% 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 June 1, 1978, numbered from 1 through 35, in the denomination
of $5,000 each, aggregating $175,000, 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: a municipal equipment maintenance and storage building, sometimes
called a "City Service Center", including the cost of professional services in
connection therewith, and pursuant to an ordinance adopted by the City Council of
the City on the 12th day of June, 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'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, 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:
COUNTERSIGNED:
xxxxxxxxxxxxxxx
City Secretary
City of Pearland, Texas
(SEAL)
xxxxxxxxxxxxxx
Mayor
City of Pearland, Texas
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.
241
Name of Date of Signature of
Registered Holder Registration City Secretary (Registrar)
Section 8. A special fund or account, to be designated the "City of
Pearland, Texas, Certificates of Obligation, Series 1978-A, Interest and Sinking
plm% 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 of 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 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,
r� 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 Assistant
City Secretary, and the posting thereof, are hereby approved, adopted and ratified.
PASSED AND APPROVED this 12th day of June., 1978.
s/ Tom Reid
Mayor
ATTEST: CITY OF PEARLAND, TEXAS
s/ Loretta K. Bonin
,..� Assistant City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
RESOLUTION NO. R78-20, RENAMING CHOATE ROAD IN HARRIS COUNTY TO DIXIE FARM ROAD:
Resolution No. R78-20 was read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Farley that
Resolution No. R78-20 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
2 Al 2
RESOLUTION NO. R78-20
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, REQUESTING THAT THE COMMISSIONER'S COURT OF HARRIS
COUNTY, RENAME CHOATE ROAD FROM INTERSTATE 45 TO CLEAR
CREEK ALONG THE NORTHEASTERLY SIDE OF W.D.C. HALL SURVEY,
ABSTRACT 23, HARRIS COUNTY AND WILLIAM K. SMITH ABSTRACT
735, HARRIS COUNTY; AND THAT THE NAME CHOATE ROAD BE
CHANGED TO DIXIE FARM ROAD.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley,
Councilwoman Coppinger, and Councilman Frauenberger.
Voting "Nay" - None Motion passed 5 to 0.
RESOLUTION NO. R78-21, AUTHORIZING MAYOR TO SIGN AGREEMENT BETWEEN CITY OF PEARLAND
AND COENCO, INC. FOR PROFESSIONAL ENGINEERING SERVICES:
Resolution No. R78-21 was read in full by Councilman McComb.
It was moved by Councilman McComb, seconded by Councilman Frauenberger that
Resolution No. R78-21 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
RESOLUTION NO. R78-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY
AND BETWEEN THE CITY OF PEARLAND AND COENCO, INC.
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
APPOINTMENT OF MUNICIPAL JUDGE:
This item passed until a later date.
REQUEST BY VOLUNTEER FIRE DEPARTMENT TO BID FOR NEW RESCUE TRUCK:
John Munsch spoke before the City Council requesting to bid for a new rescue truck
for the Pearland Volunteer Fire Department.
It was moved by Councilman McComb, seconded by Councilman Frauenberger that the
City staff be authorized to bid in behalf of the City Council for a new rescue
truck for the Pearland Volunteer Fire Department. Motion passed 5 to 0.
AWARD OF BID NO. B78-8, ECONOMY CAR FOR BUILDING INSPECTION DEPARTMENT:
Ron Wicker recommended to the City Council that Bud Brown Ford, Inc, be awarded
Bid No. B78-8 in the amount of $3,251.37.
It was moved by Councilman Farley, seconded by Councilwoman Coppinger that based
on the recommendation of Ron Wicker, Bid No. B78-8 be awarded to Bud Brown Ford,
Inc. in the amount of $3,251.37 as the Budget allows. Motion passed 5 to 0.
COST OF LIVING ADJUSTMENT FOR CITY EMPLOYEES:
City Manager Wolff asked the City Council to consider a $50.00 per month cost of
living adjustment for all full-time City employees. He also asked that if
granted, it be effective for this current pay period.
It was moved by Councilman McComb, seconded by Councilman Wilson that all regular
City employees be awarded a $50.00 per month across the board pay increase and
the budget be amended accordingly. Motion passed 5 to 0.
DISCUSSION OF AMENDMENT TO ORDINANCE NO. 301, PENALTY FEE FOR RECONNECTION OF
WATER SERVICE:
City Attorney Bobby Williams advised the City Council to consider increasing their
penalty fee for reconnection of water service of a nonpaying customer to cover
the extra expense the City will encounter to fulfill the new Supreme Court
Ruling on this matter.
It was moved by Councilman McComb, seconded by Councilman Wilson that the City
Attorney prepare appropriate amendment ordinance of Ordinance No. 301, but leave
fee blank until the City Council decides on a reasonable fee. Motion passed
r._ 5to0.
CALL OF A PUBLIC HEARING BEFORE PLANNING AND ZONING COMMISSION ON APPLICATION NO.
59. E. D. LEBOUF:
It was moved by Councilman Wilson, seconded by Councilman McComb that a public
hearing be called before the Planning and Zoning Commission on Application No.
59, E. D. LeBouf for July 11, 1978 at 7:30 P.M. Motion passed 5 to 0.
CHANGE IN ORDER OF BUSINESS:
CALL OF A PUBLIC HEARING ON THE APPLICATION OF COMMUNITY PUBLIC SERVICE COMPANY:
It was moved by Councilman McComb, seconded by Councilman Farley that a public
hearing be called before the City Council under Docketed Public Hearings of the
regular Council agenda on the application of Community Public Service Company to
place in effect a Purchase Power Cost Adjustment Rider for June 26, 1978 at
7:30 P.M. Motion passed 5 to 0.
CHANGE IN ORDER OF BUSINESS:
OTHER BUSINESS:
EXECUTIVE SESSION:
TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (f) PURCHASE,
EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. 9:40 P.M.
RECONVENED TO OPEN SESSION: 10:59 P.M.
CHANGE IN ORDER OF BUSINESS:
DISCUSSION REGARDING THE CONSTRUCTION OF A CITY SERVICE CENTER:
It was moved by Councilman Frauenberger, seconded by Councilman McComb that a
public hearing be called before the Planning and Zoning Commission on July 11,
1978 at 7:30 P.M. for the purpose of rezoning the property on which the City
Service Center is to be build on from Planned Unit to Commercial. Motion
passed 5 to 0.
ADJOURN: Meeting adjourned at 11:00 P.M.
Minutes approved as submitted and/or corrected this ,�&', day of
ATTEST:
City Secreta
D., 1978.
Mayor
A.
ATTEST:
City Secreta
D., 1978.
Mayor