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1978-06-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 26, 1978 AT 7:30 P.M. IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Councilman Dennis Frauenberger Councilwoman Fran Coppinger Councilman Carlton McComb Councilman Morris Wilson City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent from the meeting: Councilman .(Mayor Pro -Tem) Harry Farley. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Dave Trombitas of the Pearland Jaycees. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that the minutes of the regular meeting held on June 12, 1978 be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid acknowledged the presence of Theda Cessac, President of the Board of Trustees of the Pearland Independent School District. Mayor Reid read a letter dated June 19, 1978 from the District Attorney's office in Harris County complimenting the good detective work done by Pearland Detective E. J. Chapman. Mayor Reid read a letter dated June 14, 1978 from Mr. Poorman, District Engineer for District 12 of the Texas Department of Highways and Transportation advising that the feasibility study of an underpass on Highway 518 or an alternate location is now in`progress._. He 'stated' that the City would be advised as soon as the study was complete. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wolff advised that he was asked to investigate the drainage ditch on the east side of Woodcreek Subdivision. He and Mr. Wicker met with Mr. Voight, a resident of Woodcreek Subdivision to discuss this matter. Mr.,Wolff advised that he did not have a recommendation at this time.. He felt that we should consult with Lloyd Yost of the Drainage District. Mr. Yost is on vacation at this time, and he is due back this week. Mr. Wolff asked that this matter be discussed at the next regular council meeting. Councilman McComb stated that he had inspected this ditch, and it was a typical large size drainage ditch as we have in many other parts of the City that have been there for 20 to 30 years designed to handle a large capacity of water. These ditches are of the ultimate design to handle water in the various areas of the City, and for two reasons he felt that there was little hope these ditches would be covered. The first is economics, and it is doubtful that enough pipe could be placed in the ditches to handle all the water that must go into the ditches in order to afford proper drainage. He advised that he had noted a number of offences along Ar, the drainage easements, and he asked the City Manager to check for fencing that might be in the easements, thereby causing difficulty in cleaning these very vital drainage arteries. CITIZENS: Mr. Robert Smith, 4903 Shank Road, had asked to be placed on the agenda to speak to the City Council. Mr. Smith was not present at the meeting, so Mayor Reid read his request for repairs to Shank Road. City Manager Wolff instructed to write the people along Shank Road advising them of the City's participation paving program wherein the property owners pay for the materials, and the City furnishes. the labor for street improvements. DOCKETED PUBLIC HEARINGS: 1. ANNEXATION OF 79.159 ACRES OWNED BY W.E.L. HARTMAN AND WIFE, LOUISE NARRY HARTMAN, being the North 2 of the Southeast 4, Section 14, H.T. $ B.RR. Company Survey, Abstract 507, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED ANNEXATION: Mr. Earl Moldevan, Engineer for Mr. Hartman, spoke in favor of this annexation advising that Mr. Hartman planned to develop a subdivision in this area. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED ANNEXATION: Mr. Gene E. Sanders, 1706 Mykawa Road, outlined various reasons why he felt this property should not be annexed into the City. He advised that he felt that dissolution of City efforts and service beyond our present City Limits could in no way be interpreted as enhancing the quality of service rendered to our present citizens. QUESTION AND ANSWER PERIOD: Councilman McComb advised that he wished to reiterate again to Mr. Hartman that the annexation of this property into the City did not necessarily mean it would be zoned for a R-2 Subdivision. HEARING ADJOURNED: 8:10 P.M. 2. REQUEST BY COMMUNITY PUBLIC SERVICE COMPANY TO PLACE IN EFFECT A PURCHASE POWER COST ADJUSTMENT RIDER TO BE USED IN CONJUNCTION WITH EXISTING ELECTRICAL RATES WITHIN PEARLAND. PERSONS WISHING TO SPEAK FOR THE PROPOSED COST ADJUSTMENT RIDER: Mr. Ralph Holm, Community Public Service Company, advised that his company's request was not for a rate increase, but the passing on of the cost increases that they realize from their supplier, the Houston Lighting & Power Company. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED COST ADJUSTMENT RIDER: None QUESTION AND ANSWER PERIOD: Councilman McComb asked if the Statement of Intent r� filed by Community Public Service Company had been approved by the Utility Commission. Mr. Holm advised that it had not; however, similar requests in other areas had been approved by the Commission. HEARING ADJOURNED: 8:15 P.M. UNFINISHED BUSINESS: APPOINTMENT OF MUNICIPAL JUDGE: This item to be considered on a future agenda. Z4,10 ORDINANCE NO. 374, WRECKER ORDINANCE: Ordinance No. 374 was read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman McComb that Ordinance No. 374 be passed as amended on second and final reading.. Also, the rate schedule provided with Ordinance No. 374 be included. Said Ordinance reads in caption as follows: ORDINANCE NO. 374 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGULATING AND LICENSING AUTO WRECKERS AND WRECKER DRIVERS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 4 to 0. ORDINANCE NO. 246-47, AMENDMENT TO LAND USE ORDINANCE - FRANK BARRINGER, TRUSTEE, APPLICATION NO. 55 (AMENDED): Ordinance No. 246-47 was read in caption by Councilman Wilson. (Second Reading) It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that Ordinance No. 246-47 be passed and approved on second and final 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 McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 4 to 0. ORDINANCE NO. 246-48, AMENDMENT TO LAND USE ORDINANCE - AARON PASTERNAK, TRUSTEE, APPLICATION NO. 56 (AMENDED): Ordinance No. 246-48 was read in full by Councilman McComb. (Second Reading) It was moved by Councilman McComb, seconded by Councilman Wilson that Ordinance No. 246-48 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-48 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246-48, 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, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 4 to 0. ORDINANCE NO. 378, AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON F.M. 518 (WASHINGTON AVENUE TO HATFIELD ROAD): Ordinance No. 378 was read in full by Councilman McComb. (Second Reading) It was moved by Councilman McComb, seconded by Councilman Wilson that Ordinance No. 378 be passed and approved on second and final 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 F.M. 518 WITHIN THE CORPORATE LIMITS OF PEARLAND AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 4 to 0. ORDINANCE NO. 379, AN ORDINANCE AUTHORIZING ISSUANCE OF $175,000 CITY OF PEARLAND CERTIFICATES OF OBLIGATION FOR THE CITY SERVICE CENTER: Ordinance No. 379 was read in caption by Councilwoman Coppinger. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman McComb that Ordinance No., 379 be passed and approved on second and final reading. Said Ordinance No. 379 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 26th 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 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 Harry Farley, 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 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 June 12, 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 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 § 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 2368 a.l, 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 Co. $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 provision for such assignment; 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 SFAS Contracting Co. 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-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 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, 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 $25,000 1982 25,000 1983 25,000 1984 25,000 1985 25,000 1986 25,000 1987 25,000 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 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 Certificates of Registration, shall be, respectively, substantially as follows: "Ll FORM OF CERTIFICATE: UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION SERIES 1978-A $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 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 +"'t 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: XXXXXXXXXXXXXX City Secretary, City of Pearland, Texas (SEAL) XXXXXXXXX Mayor, City of Pearland, Texas ME 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 Registered Holder Date of Registration Signature of 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 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 20 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 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 was read once by the City Council on June 12, 1978, and read again on June 26, 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 26th day of June, 1978. XXXXXXXXXXXXXX ATTEST: Mayor, CITY OF PEARLAND, TEXAS XXXXXXXXXXXXXX City Secretary, CITY OF PEARLAND, TEXAS (SEAL) NEW BUSINESS: ANNEXATION OF PROPERTY OWNED BY W.E.L. HARTMAN. ET UX: It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that the City Attorney prepare the proper ordinances to be placed on the next regular agenda. Voting "Aye" - Councilwoman Coppinger and Councilman Frauenberger. Voting "Nay" - Councilman McComb and Councilman Wilson. Resulting in a tie vote: Mayor Reid voted "Aye" - Motion passed 3 to 2. RESOLUTION ENDORSING THE BUILDING AND OPERATION OF A YOUNG MEN'S AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION IN PEARLAND: Resolution No. R78-24 was read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that Resolution No. R78-24 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R78-24 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENDORSING THE BUILDING AND OPERATIONS OF A YOUNG MEN'S AND WOMEN'S CHRISTIAN ASSOCIATION IN PEARLAND. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 4 to 0. ORDINANCE NO. 246-49, AMENDMENT TO LAND USE ORDINANCE - DULANEY AND NEWELL, APPLICATION NO. 57: Ordinance No. 246-49 was read in caption by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman McComb that Ordinance No. 246-49 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-49 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 McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 4 to 0. ORDINANCE NO. 246-50, AMENDMENT TO LAND USE ORDINANCE - C.H. & HELEN ALEXANDER ESTATE, APPLICATION NO. 58: Ordinance No. 246-50 was read in caption by Councilman Wilson. (First Reading) It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that Ordinance No. 246-50 be passed and approved on first reading. Said Ordinance read8.in caption as follows: ORDINANCE NO. 246-50 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 McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 4 to 0. REQUEST FOR LAND USE CHANGE BY GABRIEL BAIZAN, AGENT - APPLICATION NO. 61 - PU to M-1: It was moved by Councilman Frauenberger, seconded by Councilwoman,Coppinger that a Public Hearing be called before the Planning and Zoning Commission for July 11, 1978 at 7:30 P.M. Motion passed 4 to 0. MEETING RECESSED AT 8:40 P.M. - RECONVENED AT 8:45 P.M. PRELIMINARY PLAT OF CORRIGAN NORTH, SECTION II: It was moved by Councilman McComb, seconded by Councilman Wilson that the Preliminary Plat of Corrigan North, Section II be approved subject to proof that the Planning and Zoning Commission has approved the plat. Motion passed 4 to 0. PRELIMINARY PLAT OF PARKVIEW SECTION I AND II: It was moved by Councilman Wilson, seconded by Councilman McComb that the Preliminary Plat of Parkview Subdivision, Section I and II be approved with the 40 foot drainage easement being dedicated to the City. Motion passed 4 to 0. OTHER BUSINESS: MEETING RECESSED AT 9:00 P.M. EXECUTIVE SESSION - TEXAS OPEN MEETINGS LAW, SECTION 2, SUBSECTION (e) LEGAL. RECONVENED TO OPEN SESSION AT 10:30 P.M. ADJOURN: The meeting adjourned at 10:30 P.M. Minutes approved as submitted and/or corrected this day of 0,, A. D., 1978. Mayor ATTEST: City Secretar