1978-07-17 CITY COUNCIL SPECIAL MEETING MINUTES0
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JULY 17, 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 Tom Reid
Councilman Harry Farley
Councilwoman Fran Coppinger
Councilman Carlton McComb
Councilman Morris Wilson
City Manager William E. Wolf
City Secretary Dorothy L. Cook
Absent: Councilman Dennis Frauenberger and City Attorney, Bobby Williams.
PURPOSE OF THE MEETING:
BID OPENINGS:
BID NO. B78-11, WATER AND SEWER SERVICE LINES:
VENDOR AMOUNT
.Ellis Plumbing Co. $150.00 for long or short
Pearland, Texas
Ben Felts Utility Contracting Co. 152.00 each
Pearland, Texas
J. & J. Construction 120.00 each
Pearland, Texas
It was moved by Councilman McComb, seconded by Councilman
Wilson that
the bids
received under Bid No.
B78-11 be received into the records
of the City
and
referred to staff for
tabulation and recommendation. Motion
passed 4
to 0.
BID NO`. B78=1.2_= ASPHALT SURFACING:
VENDOR
DESCRIPTION
AMOUNT
Brown & Root, Inc.
1. First Course Treatment $
.40 each sq.
yd.
Houston, Texas
2. Second Course Treatment
.30 each sq.
yd.
3. MC -30 Prime oil
.20 each sq.
yd.
Craig & Heidt, Inc.
1. First Course Treatment
1.19 each sq.
yd.
Houston, Texas
2. Second Course Treatment
.89 each sq.
yd.
*Figure MC -20 .2/sy in single
course treatment price
It was moved by Councilman Farley, seconded by Councilman McComb that bids
received under Bid No. B78-12 be received into the records of the City and
referred to staff for tabulation and recommendation. Motion passed 4 to 0.
BID NO. B78-13, CEMETERY FENCE:
VENDOR AMOUNT
r--• All Tex Fence Co. $5,844.00
Houston, Texas
Friendswood Fence Co. 6,825.49
Friendswood, Texas
Hurricane Industrial Division 8,012.00
Houston, Texas
It was moved by Councilman Wilson, seconded by Councilman Farley that bids
received under Bid No. B78-13 be received into the records of the City and
referred to staff for tabulation and recommendation. Motion passed 4 to 0.
RESOLUTION NO. R78-23, RESOLUTION APPROVING CLAIM AND AUTHORIZING ISSUANCE OF
CERTIFICATES OF OBLIGATION:
Resolution No. R78-23 was read in full by Councilman McComb.
THE STATE OF TEXAS 6
COUNTIES OF BRAZORIA AND HARRIS 3
CITY OF PEARLAND 9
The City Council of the City of Pearland, Texas, convened in special
meeting, open to the public, on the 17th day of July, 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
and all of said persons were present, except the following absentees: Councilman
Dennis Frauenberger, thus constituting a quorum. Whereupon, among other business,
the following was transacted at said meeting: a written resolution 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. R78-23
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS 8
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS, (the "City"),
by resolution adopted February 27, 1978, found that it was necessary and desirable
for the City to construct and equip public works for the City, to -wit: swimming
pools and appurtenances, 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 such construction and
equipment 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 P.G. BELL
COMPANY, Houston, Texas (the "Contractor") in the amount of $453,873.00, as the
lowest and best bid for the furnishing of such construction and equipment 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. 1,
attached hereto as Exhibit "A" and made a part hereof as if fully written herein,
has submitted said claim pursuant to said contract; and
WHEREAS, the City has received the full benefits of such contract re-
presented by said claim to the full extent thereof and the 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 provision 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:
CLAIMANT AMOUNT TO BE PAID NOW AMOUNT TO BE CARRIED
FORWARD
P. G. Bell Company $5,000.00 $1,684.30
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 $5,000.00
and the the Contractor the sum of $1,684.30.
Section 4. There shall be executed and delivered to said bank
Certificate No. 1, aggregating $5,000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1978, dated May 1, 1978, and the sum of $1,684.30 shall be
carried forward to the next delivery of such Certificates to the Contractor.
Section 5. The Mayor, City Secretary, City Treasurer, and other
P -M appropriate City officials, are hereby authorized and directed to deliver said
Certificate above mentioned and to do any and all things necessary or convenient
to carry out the terms of this resolution.
PASSED AND APPROVED this 17th day of July, 1978.
s/ Tom Reid
Mayor, CITY OF PEARLAND, TEXAS
ATTEST:
s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
EXHIBIT "A"
Claim No. 1 Dated: July 17, 1978
of P.G. Bell Company (the "Contractor"), against the City of Pearland, Texas
(the "City"), as per contract in the amount of $453,873.00, between the City
and the Contractor:
1. Total completed to date ....................................... $7,427.00
2. Less previous payments ........................................ None
3. Less 10% retainage ............................................ 742.00
4. Current payment due ........................................... 6,684.30
5. Amount to be paid Contractor by issuance of
Certificates of Obligation .................................... 5,000.00
6. Carry-over to next claim ...................................... 1,684.30
The amount shown in line 4 above represents our claim against the
City of Pearland, Texas, for performance under and in conformity with the terms
and conditions of the contract described above; and $5,000.00 of such claim has
been and is hereby assigned in full, without discount, to Pearland State Bank,
Pearland, Texas.
P. G. BELL COMPANY
By
(SEAL) (Authorized Representative)
(Title)
------------------------------------------------------------------- -
All materials and supplies represented by the claim shown in line 4
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
It was moved by Councilman McComb, seconded by Councilman Wilson that Resolution
No. R78-23 be passed and approved on first and final reading.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, and
Councilwoman Coppinger.
Voting "Nay" - None Motion passed 4 to 0.
DRAINAGE EASEMENT RELATING TO DEVELOPMENT OF ALEXANDER PROPERTY:
Mr. Charles Webb appeared before the City Council to discuss the drainage ditch
located on property currently in the process of rezoning by Application No. 58.
This property is located on East Broadway and Barry Rose Road, and is in the
process of being sold by the Estate. City Manager Wolff advised the City Council
at the last regular meeting that the City or Drainage District needed an easement
through the property where the drainage ditch is located so that this ditch could
be maintained properly without having to secure the owner's permission each time
is it to be cleaned. Mr. Webb advised the City Council that the Estate was
selling the property to the developer for a shopping center and that they had
talked to the developer, and he realizes that the City should have the ditch
and is willing to grant such easement after he obtains the property. Mr. Webb
requested that since the Estate was the seller and not the developer the City
Council could go ahead with the zoning change and excercise the right to
withhold any building permit until such time as the easement was granted by
the developer.
Councilman McComb suggested that, at the time of passage of the zone change on
second and final reading of the ordinance, a letter be sent to the developer
advising him of this fact.
AWARD OF BIDS:
BID NO. B78-11, WATER AND SEWER SERVICE LINES:
City Manager Wolff recommended that the bid be awarded to J. & J. Construction
Company in the amount of $120.00 each for a six month period or 250 water and
sewer taps.
It was moved by Councilman Farley, seconded by Councilwoman Coppinger that Bid
No. B78-11 be awarded to J. & J. Construction Company in the amount of $120.00
each for a six month period or 250 water and sewer taps. Motion passed 4 to 0.
BID NO. B78-12, ASPHALT SURFACING:
Director of Planning and Transportation, Ron Wicker, recommended that Brown
& Root, Inc. be awarded Bid No. B78-12 as the lowest and best bidder.
It was moved by Councilman Wilson, seconded by Councilman McComb that Bid No.
B78-12 be awarded to Brown & Root, Inc, as the lowest and best bid with a
price for First Course Treatment of $.40 each square yard; Second Course
Treatment of $.30 each square yard; and MC -30 Prime Oil $.20 each square yard.
Motion passed 4 to 0.
BID NO. B78-13, CEMETERY FENCE:
Director of Planning and Transportation, Ron Wicker, recommended that All -Tex
Construction Company be awarded Bid No. B78-13 as the lowest and best bid.
It was moved by Councilman McComb, seconded by Councilman Wilson that Bid No.
B78-13 be awarded to AllTex Construction Company as the lowest and best bid with
a price of $5,844.00 for approximately 1500 feet of six foot chain link fence.
Motion passed 4 to 0.
ADJOURN:
The meeting adjourned at 8:00 P.M.
Minutes approved as submitted and/or corrected this day of M,
A. D., 1978.
Mayor
ATTEST:
r ,
City Secretary