1978-08-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON AUGUST 14, 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
Councilman
Dennis Frauenberger
Councilwoman
Fran Coppinger
Councilman
Carlton McComb
Councilman
Morris S. Wilson
City Manager
William E. Wolff
City Attorney
Bobby J. Williams (Entered 7:45 P.M.)
City Secretary
Dorothy L. Cook
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Melvin Knapp. The Pledge of Allegiance was led by
Municipal Judge Roy Simmons.
BID OPENING - CONTRACTURAL OPERATION OF
TYPE I SANITARY LANDFILL:
VENDOR
AMOUNT
Chennault Material Company, Inc.
$47,040.00 annually payable in monthly
installments of $3,920.00
per month.
It was moved by Councilman Wilson, seconded by Councilman Farley that the bid
be received into the records and referred for tabulation and recommendation.
'— Motion passed 5 to 0.
APPROVAL OF MINUTES:
It was moved by Councilman Frauenberger,
seconded by Councilman McComb that the
minutes of the regular meeting held on July
24, 1978 be approved as submitted.
Motion passed 4 to 0. Councilman Farley
abstained.
It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that
the minutes of a special meeting held on August 7, 1978 be approved as submitted.
Motion passed 4 to 0. Councilman Farley abstained.
It was moved by Councilman McComb, seconded by Councilman Wilson that the minutes
of the Budget Hearings held on August 9, 1978 be approved as submitted. Motion
passed 4 to 0. Councilman Farley abstained.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported that Standard 4 Poors has rated the City with an A-1 on
General Obligation and Revenue Bonds. This is the first time the City has appeared
before this particular rating agency. City Manager Wolff advised that he was very
happy with the rating and this should reflect in the interest rates on the bonds
that will be sold on August 28, 1978.
Mayor Reid advised that there has been a great deal of discussion in the newspaper
regarding a meeting with Manvel to discuss the operation of the Landfill.
He advised that the City of Pearland holds a permit for the operation of this
Landfill from the State Health Department, and since this matter is under litigation,
it is not proper to meet without going through the proper legal channels.
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS: None
CITIZENS:
Mr. M. 0. Knapp, representative of Actions, Inc., reported that about three years
ago the City asked him to serve as a representative from the City on Actions, Inc.
a county -wide association whose purpose is to help senior citizens. Mr. Knapp
advised that the Lion's Club has donated its building for one day a week to
enable Actions, Inc. to put on a program. Mr. Knapp explained the program
planned in the Pearland Area. He advised that he felt Actions, Inc. could obtain
a van made available through the Governor's Committee on Aging for the Pearland
area; however, they needed two drivers. Eighty percent of the cost will be paid
by the government with twenty percent paid by the sponsor. He asked the City
Council's consideration for making application and hiring of two drivers.
Mrs. Dorothy Givens spoke to the City Council about the enthusiasm of the elderly
for this program.
Mr. Buford Parrish, Administrative Assistant to City Manager, advised that the
City is being asked to furnish 20% of the labor cost for the drivers which would
come to approximately 1600 hours per year, 800 per employee. The City's cost
would be approximately 84¢ per hour with the matching grant taking up the balance.
Any Administrative cost incurred by the City would be deducted from this $1,350.00.
(City cost) This request to be considered later in the meeting.
Mr. Toby Lytle asked that his name be withdrawn.
Mr. Bill De La Garza, attorney for H. E. Dorsett and wife, appeared before the
City Council with a request for release of a building permit on Lot 180, Block
4, Green Tee Terrace Subdivision. The request had previously been turned down
by the City Council due to the fact that the lot was less than the size
originally platted. Mr. De La Garza presented the following exhibits:
1. Copy of Warranty Deed from H. E. Dorsett and wife, conveying
25 feet out of Lot 180, Block 4, Green Tee Terrace Subdivision,
Section II to L. R. Blanton, Jr. He advised that this deed
reserved all easements.
2. Handwritten letter from Clarence Fienie, Entex, Inc.
3. Letter from H. E. Dorsett dated May 30, 1978 to M. M.
Ainsworth, Houston Lighting & Power Company.
4. Letter from Henry A. Taylor, Supervisor of Land Services
Section of Houston Lighting $ Power Company dated June 2,
1978.
S. Letter from Bill De La Garza to Ms. Nancy Feagin of
Southwestern Bell Telephone Company dated August 7, 1978,
6. Letter from Ed Beatty, Assistant Manager - OSP Engineering,
Southeast District, Southwestern Bell Telephone Company
dated August 11, 1978.
Mr. De La Garza advised that the instruments presented shows that the lot in
question as it exists today could have all utilities necessary to provide that
home to be constructed with the same services that any other lot is provided
in Green Tee Terrace. Mr. De La Garza read the following letter from Ed Beatty,
Assistant Manager - OSP Engineering, Southeast District dated August 11, 1978
as follows:
"Southwestern Bell
Manager -OSP Engineering
Southeast District
7141 Office City Drive
Room 203
Houston, Texas 77087
Houston, August 11, 1978
Mr. Bill De La Garza
Gay De La Garza & Roscoe
830 Apollo
Houston, Texas 77058
RE: Lot 180, Block 4 of Green Tee Terrace, Section, Pearland, Harris
County, Texas
Dear Mr. De La Garza:
In regards to your letter dated August 7, 1978, Southwestern Bell will
have no difficulties in providing service to Lot 180, Block 4, of Green Tee
Terrace, Section Two, Pearland, Harris County, Texas. With the creation of
a three foot wide easement along the property line of the North boundary line
between Lots 179 and 180 and retention of the recorded easement, the sale of
twenty five feet of land from the back of Lot 180 will have no bearing on
Southwestern Bell's capabilities to provide service.
Sincerely,
s/Ed Beatty
Assistant Manager -OSP Engineering
Southeast District
CC: Charles P. Mayer -Asst. Mgr. -OSP Engineering"
This request on Lot 180 will be considered later in the meeting.
Mr. John Garner, Municipal Engineering Company, advised that he wished to speak
to the City Council regarding a proposed Industrial Park located South on High-
way 35 in the extraterritorial jurisdiction of the City of Pearland. This
proposed Industrial Park is to be developed by Mr. David Cummings. Mr. Garner
passed any further comment at this time until the matter comes before the City
Council later in the meeting.
Richard Tarrer, President of Green Tee Terrace Homeowners Association, advised
the City Council that the association felt the City should maintain its
easements as well as clean the gutters along the streets so that proper drainage
could be maintained as well as being more attractive. They also requested the
following three measures to help alleviate the traffic situation:
1. The speed limit be reduced to 30 miles per hour instead
of 35 miles per hour.
2. "No Through Traffic" signs be erected along Green Tee
Drive and Country Club Drive and enforced.
3. Stop signs be erected at various intervals along Country
Club Drive and Green Tee Drive and enforced. This could
be considered a stop gap measure due to the additional
streets going in and around Green Tee Terrace.
DOCKETED PUBLIC HEARINGS:
1. APPLICATION NO. 60, REQUEST FOR LAND USE CHANGE BY THE
CITY OF PEARLAND - PU TO COMMERCIAL - 5.00 ACRES, ABSTRACT
233. (CITY SERVICE CENTER)
PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: City Manager Wolff advised
that the City planned to enlarge the present City Service Center.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None
QUESTION AND ANSWER PERIOD: None
HEARING ADJOURNED AT 8:25 P.M.
292
2. APPLICATION NO. 61, REQUEST FOR LAND USE CHANGE BY GABRIEL
N1 BAIZAN, AGENT - PU TO M-1 - 3.00 ACRES IN ABSTRACT 543.
PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Gabriel Baizan advised
that he planned for future expansion of his packaging facilities located adjacent
to the property.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None
QUESTION AND ANSWER PERIOD:
Councilman Frauenberger discussed the zoning in this particular area, pointing
out that a recent zoning change made the property located to the West of Mr.
Baizan's property commercial. Councilwoman Coppinger asked Mr. Baizan to point
out his present location on the zoning map.
HEARING ADJOURNED AT 8:30 P.M.
UNFINISHED BUSINESS:
APPOINTMENT OF ASSOCIATE MUNICIPAL JUDGES:
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that
Jerry Farrar and Glen Chaney be appointed as Associate Municipal Judges.
Motion passed 4 to 0. Councilman McComb not present in Council Chambers at
this time.
Mayor Reid administered the Oath of Office to Mr. Chaney. Mr. Farrar was ill
and not able to attend the meeting.
MEETING RECESSED AT 8:36 P.M. - RECONVENED AT 8:50 P.M.
SOUTH TEXAS PIPE LINE'S REQUEST TO PLACE PRODUCT PIPELINES ALONG DIXIE FARM
ROAD:
This item to be placed on future agenda.
NEW BUSINESS:
REQUEST FOR PEARLAND ACTION CENTER:
It was moved by Councilman McComb, seconded by Councilman Wilson that the City
allocate an amount up to $1,300.00 from the Council Contingency Fund for:this
fiscal year to enable the Pearland Action Center to participate in matching
80/20 government funds for salaries for two part time bus drivers. Motion
passed 5 to 0.
The City Council complemented Mr. Knapp and Mrs. Givens for their interest in
this project.
PROPOSED INDUSTRIAL PARK IN EXTRATERRITORIAL JURISDICTION:
Mr. John Garner advised that the proposed Industrial Park was located south on
Highway 35 outside of the present City limits; however, it is within the extra-
territorial jurisdiction of the City. It is a long narrow strip going all the
way back to the railroad tracks.
The proposal would be one long narrow street with no cross streets as you
would normally have in a subdivision. Mr. Garner advised that the request they
were making now was primarily for the drainage. The land is very flat and an
open ditch street is the only way to obtain proper drainage.
City Manager Wolff advised the Council that he had checked with the Drainage
District and Mr. Yost stated that he felt that the cost of developing the land
with a typical City section of street would be prohibitive due to this
drainage problem. The Drainage District has approved the plans with an open
ditch concept.
Mr. Garner asked that the City Council approve the concept of ribbon streets
C1 '4
with open ditch drainage for this proposed Industrial Park.
It was moved by Councilman McComb, seconded by Councilman Farley that the City
Council go on record as having no objections to this concept on account of
existing circumstances due to drainage. Motion passed 5 to 0.
REQUEST FOR RELEASE OF BUILDING PERMIT ON LOT 180, BLOCK 4, GREEN TEE TERRACE
gTTRT)TVT.qTnxT
A discussion was held regarding this request and it was pointed out to Attorney
De La Garza that while the Council was concerned with the easement it was also
concerned that by the sale of this portion of Lot 180 by Mr. Dorsett, the lot
was less than the originally platted lot as referred to in the Code of Ordinances,
Section 27-2, Resubdivision, and Section 7-17 of the Code under Building Permit
Required, passed on April 26, 1976. The Council further noted that this was
the first time any mention had been made of a five foot private easement
between Lots 179 and 180. The Warranty Deed from H. E. Dorsett and wife to
L. R. Blanton and wife indicates that Mr. Dorsett reserved three feet along the
property line of the Northwest boundary line between Lot 179, Block 4, and the
said premises, and the boundary of Lot 180, a distance of 25 feet for the purpose
of engress and egress to utilities.
It was moved by Councilman Farley, seconded by Councilwoman Coppinger that a
building permit not be withheld from Lot 180 as a result of the sale of back
25 feet and that the letter presented to the Council at this meeting by Attorney
De La Garza and the instruments of easements, letters from the utility companies,
and copies of the deeds be made a part of the records of this meeting, and,
further, that the original letter from Southwestern Bell Telephone Company
dated August 11, 1978 be a part of this file. Also, that the Building Inspector
advise anyone applying for a building permit on Lot 180, Block 4 of Green Tee
Terrace Subdivision that the Southwestern Bell Telephone Company will have to
cross private property to serve this lot. Motion,.passed 3 to 2. Councilman
McComb and Councilman Wilson opposed.
PRELIMINARY PLAT OF COLONY PARK SUBDIVISION:
Mayor Reid read a letter dated July 28, 1978 from Malcolm Collins, City Engineer,
which outlined two corrections to be made on the preliminary plat. Mayor Reid
also read a memo from Ronald Wicker, Director of Planning & Transportation, dated
August 10, 1978 advising the City Council that the corrections requested by Mr.
Collins have been made and the Preliminary Plat was approved by the Planning and
Zoning Commission.
It was moved by Councilman McComb, seconded by Councilman Farley that the Preliminary
Plat of Colony Park be approved. Motion passed 4 to 0. Councilman Frauenberger
not present in the Council Chambers at this time.
RESOLUTION NO. R78-29, A RESOLUTION PROVIDING FOR APPROVAL OF AGREEMENT WITH
TEXAS DEPARTMENT OF HIGHWAYS AND TRANSPORTATION FOR INSTALLATION OF TRAFFIC
SIGNALS - HIGHWAY 518 AT DIXIE FARM ROAD AND HIGHWAY 518 AT BARRY ROSE ROAD:
Resolution No. R78-29 was read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that
Resolution No. R78-29 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
-294
RESOLUTION NO. R78-29
A RESOLUTION PROVIDING FOR THE APPROVAL OF THE
AGREEMENT DATED AUGUST 14, 1978, BETWEEN THE
STATE OF TEXAS AND THE CITY OF PEARLAND, TEXAS,
FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE,
USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL
PROJECT(S) AT THE LOCATIONS) SHOWN ON EXHIBIT 1
ATTACHED HERETO AND MADE A PART HEREOF, IN THE
CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT:
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley,
Councilwoman Coppinger, and Councilman Frauenberger.
Voting "Nay" - None
Motion passed 5 to 0.
RESOLUTION NO. R78-20, A RESOLUTION AUTHORIZING CITY MANAGER TO COMMIT EXPENDITURES
FOR COST NECESSARY TO BECOME AN ACTIVE INTERVENOR IN HOUSTON LIGHTING AND POWER
COMPANY'S CASE PENDING BEFORE TEXAS PUBLIC UTILITY COMMISSION:
Resolution No. R78-30 was read in full by City Attorney Bobby Williams.
It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that
Resolution No. R78-30 be passed and approved on first and only reading, and said
funds be appropriated from the Council Contingency Fund. Said Resolution reads
in caption as follows:
RESOLUTION NO. R78-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DESIGNATING THE CITY OF PEARLAND,
TEXAS, AS A PARTICIPATING CITY AND NAMED INTERVENOR
IN THE HOUSTON LIGHTING AND POWER RURAL RATE CASE
PRESENTLY PENDING BEFORE THE PUBLIC UTILITY COMMISSION
OF THE STATE OF TEXAS FILED UNDER P. U. C. DOCKET
NO. 2001; EMPLOYING MR. DON BUTLER AS ATTORNEY OF
RECORD TO REPRESENT THE CITY OF PEARLAND; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman
Farley, Councilman McComb, and Councilman Wilson.
Voting "Nay" - None
Motion passed 5 to 0.
AWARD OF BID NO. B78-14, OPERATION OF SANITARY LANDFILL:
City Manager Wolff recommended that the bid be awarded the only bidder, Chennault
Materials Company, Inc. Mr. Wolff stated that he felt Mr. Chennault's operation
of the landfill under the previous contract had been successful.
It was moved by Councilman Frauenberger, seconded by Councilman McComb that
Bid No. B78-14 Operation of Sanitary Landfill be awarded to Chennault Materials,
Inc. in the amount of $47,040.00 annually, payable in monthly installments of
$3,920.00 and the Mayor be authorized to execute the contract on behalf of the
City. Motion passed 5 to 0.
COUNCIL DECISION ON LAND USE CHANGES - APPLICATION 60, CITY OF PEARLAND AND
APPLICATION 61. GABRIEL BAIZAN:
It was moved by Councilman McComb, seconded by Councilman Wilson that ordinances
be prepared for consideration by the City Council on Application No. 60, City
of Pearland and Application No. 61, Gabriel Baizan. Motion passed 5 to 0.
ORDINANCE NO. 382, AN ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE
ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1978 AND ENDING SEPTEMBER 30,1979:
Ordinance No. 382 was read in full by Councilman Frauenberger. (First Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that
Ordinance No. 382 be passed and approved on first of two readings. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 382
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE
SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING
OCTOBER 1, 1978 AND ENDING SEPTEMBER 30, 1979.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley,
Councilwoman Coppinger, and Councilman Frauenberger.
Voting "Nay" - None Motion passed 5 to 0.
ORDINANCE NO. 383, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1978 AND ENDING SEPTEMBER 30, 1979:
Ordinance No. 383 was read in full by Councilwoman Coppinger. (First Reading)
It was moved by Councilwoman Coppinger, seconded by Councilman Farley that
Ordinance No. 383 be passed and approved on first of two readings. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 383
AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1978, AND
ENDING SEPTEMBER 30, 1979.
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman
Farley, Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
ORDINANCE NO. 384, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE
MUNICIPAL GOVERNMENT AND PROVIDING AN INTEREST AND SINKING FUND:
Mayor Reid absent from the Chair at 10:00 P.M., Mayor Pro -Tem Farley presiding.
's Ordinance No. 384 was read in full by Councilman McComb. (First Reading)
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that
Ordinance No. 384 be passed and approved on first of two readings. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 384
AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT
OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND,
TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING
FUND OF THE TAXABLE YEAR 1978 AND APPORTIONING EACH
LEVY FOR THE SPECIFIC PURPOSE.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley,
Councilwoman Coppinger, and Councilman Frauenberger.
Voting "Nay" - None Motion passed 5 to 0.
Mayor Reid returned to the Chair at 10:05 P.M.
ORDINANCE NO. 385, AN ORDINANCE PROVIDING NOT LESS THAN SEVEN THOUSAND FIVE
HUNDRED DOLLARS OF ASSESSED VALUE OF RESIDENCE HOMESTEADS OF ALL PERSONS SIXTY
FIVE YEARS OF AGE OR OLDER BE EXEMPTED FROM AD VALOREM TAXES UNDER CERTAIN
rnNTnTTTnNTq
Ordinance No. 385 was read in caption by Councilman Wilson. (First Reading)
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that
Ordinance No. 385 be passed and approved on first reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 385
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING
THAT NOT LESS THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS
OF THE ASSESSED VALUE OF RESIDENCE HOMESTEADS OF ALL
PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER BE EXEMPTED
FROM AD VALOREM TAXES UNDER CERTAIN CONDITIONS; AND PRO-
VIDING THE EFFECTIVE DATE HEREOF.
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ORDINANCE NO. 386
ORDINANCE AUTHORIZING THE ISSUANCE OF $2,750,000
CITY OF PEARLAND, TEXAS, WATERWORKS AND SEWER
SYSTEM REVENUE BONDS, SERIES 1978.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley,
Councilwoman Coppinger, and Councilman Frauenberger.
Voting "Nay" - None Motion passed 5 to 0.
COPY OF ORDINANCE NO. 386 IS APPENDED HERETO AND BECOMES A PART OF THESE MINUTES.
OTHER BUSINESS:
EXCUSED ABSENCE FOR COUNCILMAN FARLEY FROM THE MEETING OF JULY 24, 1978:
It was moved by Councilman Frauenberger, seconded by Councilman McComb that the
absence of Councilman Farley from the regular meeting held on July 24, 1978 be
shown as "excused absence". Motion passed 4 to 0. Councilman Farley abstained.
ADJOURN:
The meeting adjourned at 10:30 P.M.
Minutes approved as submitted and/or corrected this day of
A. D., 1978.
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Mayor
ATTEST:
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City Secretar
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Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman
Farley, and Councilman Wilson.
Voting "Nay" - None Motion passed 4 to U.
Councilman McComb absent from the Council Chambers at this time.
RESOLUTION NO. R78-31, A RESOLUTION APPROVING CLAIMS AND AUTHORIZING ISSUANCE OF
CERTIFICATES OF OBLIGATION SERIES 1978. (POOL PROJECT - P.G. BELL COMPANY):
Resolution No. R78-31 was read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Farley that
Resolution No. R78-31 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
RESOLUTION NO. R78-31
RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman
Farley, Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
COPY OF RESOLUTION NO. R78-31 APPENDED HERETO AND BECOMES A PART OF THESE MINUTES.
RESOLUTION NO. R78-32, A RESOLUTION OF THE CITY OF PEARLAND INDICATING ITS
UNDERSTANDING OF 208 FACILITY MANAGEMENT DESIGNATION PROCESS AND ITS WILLINGNESS
TO PROCEED WITH IMPLEMENTATION OF DESIGNATED RESPONSIBILITIES UNDER THE AREAWIDE
PLAN:
City Manager Wolff advised that the 208 Facility Management was a combined effort
by the Houston -Galveston Area Council and the Federal Government to tie down
responsibility for sanitary sewer service in the Houston Metropolitan Area.
Under this particular plan each incorporated entity must be designated as
management agency within its corporate limits only and additional areas as they
annex in order to be eligible for Federal Grants.
Resolution No. R78-32 was read in full by Councilman Farley.
It was moved by Councilman Farley, seconded by Councilwoman Coppinger that
Resolution No. R78-32 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
RESOLUTION NO. R78-32
A RESOLUTION OF THE CITY OF PEARLAND, BRAZORIA AND
HARRIS COUNTIES, TEXAS, INDICATING ITS UNDERSTANDING
OF THE 208 FACILITY MANAGEMENT AGENCY DESIGNATION
PROCESS AND ITS WILLINGNESS TO PROCEED WITH IMPLEMENTATION
OF DESIGNATED RESPONSIBILITIES UNDER THE GREATER HOUSTON
208 AREAWIDE WASTE TREATMENT MANAGEMENT PLAN.
Voting "Aye" — Councilman Wilson, Councilman McComb, Councilman Farley, Council-
woman Coppinger, and Councilman Frauenberger.
Voting "Nay" - None Motion passed 5 to 0.
Councilman McComb advised that while he voted for the Resolution No. R78-32 he
was against it in principal since he felt that in years to come it would
deteriorate from the control we now have over our plants.
ORDINANCE NO. 386, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $2,750,000 CITY OF
PEARLAND. TEXAS WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1978:
Ordinance No. 386 was read in caption by Councilman Farley, (First Reading)
It was moved by Councilman Farley, seconded by Councilman Frauenberger that
Ordinance No. 386 be passed and approved on first of two readings. Said Ordinance
reads in caption as follows:
a+ t
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 14th day of
August, 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 Councilman
Morris S. Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons were present, except the following ab
sentees : i��,r�.
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said meeting: a written resolu-
tion entitled:
RESOLUTION APPROVING CHANGE ORDER AND 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:
,r
r ,
RESOLUTION R78 -3I
RESOLUTION APPROVING CHANGE ORDER AND 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 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 should
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 cer-
tificates 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 (the original amount of $493,000.00
having been reduced to $453,873.00 by Change Order No. 1, a
true copy of which is attached hereto as Exhibit "A" and made
a part hereof for all purposes), 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. 2, attached hereto as Exhibit "B 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 represented by said claim to the full extent thereof
and to the full extent of the certificates of obligation here-
inafter 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 toy the Con.-
tractor
on-tractor 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 "B" and as hereinafter set out:
AMOUNT TO BE AMOUNT TO BE
CLAIMANT PAID NOW CARRIED FORWARD
P. G. Bell Company $165,000.00 $520.30
_THEREFORE:r__BE:- IT RESOLVED- BY" -*THE CITY' COU14CIL 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. Change Order No. 1 relating to the contract Y
of the City with P. G. Bell Company, and mentioned in the pre-
amble of this resolution as Exhibit "A" hereof, is hereby
approved, readopted and ratified.
,Y,:-..: .. r. �_. `�;�- �" .." :�`. �• � � ,r... �r � r,!� 1r��:.. � .,�.. .. _. �R. '`� ,Sr. X12 .. _,.___...,.-. � z«,- mart �.t�.'�..
Section 3. The claim described in the preamble of this
resolution and fully set forth in Exhibit "B" 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 4. There is now due and owing to said bank the
sum of $165,000.00 and to the Contractor the sum of $520.30.
Section 4. There shall be executed and.delivered to said
bank Certificates Nos. 2 through 34, aggregating $165,000, of
the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, -SERIES
1978, dated May 1, 1978, and the sum of $520.30 shall be carried
forward to the next delivery of such Certificates to the Con
+� tractor.
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 carryout the
terms of this resolution.
PASSED AND APPROVED this 14th day of Augus 1978
_ s
ATTEST: _
Mayor
CITY OF PEARLAND, TEXAS
VGA-�-
City Secretary
CITY OF PEA ND, TEXAS
(SEAL)
`.t 'rE OF TEXAS
.)UNTIES OF BItAZORIA & HAR13i s
TY OF pEARLAND
Certified as a true and correct coF'T
.�.:.. al of office th'.
ess my hand and s� " t D. I-,
uVo .day Of...�.s+ ...,•.
•e - f n rland, Texas
` lty S r atrY, C'
-3-
EXHIBIT "A"
�ce►a3sxa�a�a3�
2Z1 S. Gordon A1Yin, Texas 77511
P. 0. Box 1383
713/ 331-4107-8
18 May 1976
Our -Pile: GG -456
Re: Swimming. Pool y Pool
Building & Appurte—
nances in Independent
Park,, Vearland,, Tx -
CHANGE ORDER V 1
To: P. G. Bell Co., Contractor
P.O. Box 2651
Houston, Texas 77001 -
This Change Order 0 1 on the above referenced project is made with the authorixatio' 1.
from the City Council of the City of Pearl and to change or delete front 'the original
Plans on the swimming pool and pool building in order to reduce -the total contract
price. The changes are as follows:
1. Swimming Pool Revisions
1. The area around the pool and for approximately 2 ft. to 3 ft.. ott the
inside of the swimming pool perimeter has been filled with compacted
fill approximately 2 ft. above the original grade. The total swimming
pool shall now be raised approximately 2 feet including the bottom and
all other things as shown in the original drawings pertaining to the
swimming pool itself, in order to eliminate airy necessary well pointing
and to allow the pool to be built above any %later -bearing sand.
2. The underdrains shall be omitted in all of the swimming pool area that
_7s steal-Iow,. in other words will .be--underdrai,ns in the diving area or .
deep area of the pool only as shown on the attached revised drawing
GG -456 SP2.
3. The original 18 inch well has been changed to a 12 inch riser and 'located
just inside the decking near the pool as shown on sheet GG -456 SP2.attach—
ed.
4. The six inch backwash line from the filters shall be rerouted to runt be—
tween the chi1drens pool and the main pool and eliminate approximately
l 53 linear feet of 6 inch backwash line.
11. Plumbing Revisions
1'. The hot and cold water system shall be revised to be a tempered ~later
system. The tempered grater will serve the shoviers and the lavatories_
CIVIL - ELFCT'RICAL - MUNICIPAL - PLANNING - STT.t'CTURA1. - %I'I2VFY1N(
Exhibit "A" — Page 1 -
.Jaw.,
Each shower shall have 1 control only to adjust the amount of water,
but there will be no adjustment at the individual showers for the
temperature of the water.
2. The cast iron wasteline as shown on the drawing shall be changed to
heavy wall PVC line.
3. The carriers for the urinals as noted in the specifications shall be
eliminated.
111. Millwork Revisions
1. As per the attached drawing GG -456 BNI the formica screen and framing
and 4 x 4 posts will be omitted and changed as shown. The well cabinet
will also be omitted and a masonery screen wall will be extended: to the
existing counter approximately 6 foot 8 inches in height The check
counter.has been revised using standard counter and counter top with
112 inch return as shown on said drawing. All the shelving in the equip-
ment room will be on KV metal standards and brackets with 12 inch shelving
instead the built up shelf units as shown on the original plans. The red-
wood benches will be constructed of 2 x 6 with overall dimensions of the
benches being 17-1/4 inches, 23 inches and 34-1/2 inches as shown on the
attached drawing GG -456 BH1. Also there are other benches that will be
revised to approximately 11-112 inches in width in the mens dressing
room.
-I V. Pool Decks
1. The pool decks have been revised according to the attached drawing GG -456 SP5
eliminating over 2,000 square feet of area.
V. Post Tension Slab
1. The foundation shall be revised from the standard reinforced concrete slab
and beam as shown on the original drawings to a complete post -tension slab
and foundation. The contractor shall submit the necessary shop drawings
for approval by the Engineer on this revised slab foundation
These revisions to the Plans & Specifications will result in a total deduction from
the contract bid price of $39,427.00. This results in a total contract price for the
swimming pool and pool building & appurtenance of $417,973.00, and including the parking
area of $35,900.00 will resit, in a complete total contract price in accordance with
Contract da -ted 8 May 1978 o`€,$453,873.00' This Change Order superch
edes, replaces and
revise-s_the oriyinal Plans, Specifications and Contract Documents and will form a part
of the same.
Prepared & Approved By:
COENCO, Inc.
'Consulting Engineers
APPROVED & ACCEPTED BY:
CONTRACTOR
P.
By
By: `--�
Malcolm A. Collins, P.E.
APPROVED & ACCEPTED BY:
OWNER
CITY 0 PEARLAND
X
1
Tom Reid, Mayor
Exhibit "A" - Page 2
'r
EXHIBIT "B••
Claim No. 2 Dated: August 14, 19.78
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 . ... $1189,467.00
2. Less 10% retainage. . . . . . . . . . 18,946.70
3. Less previous payments. . . . . . . 5,000.00
4. Current payment due . . . . . . . 165,520.30
5. Amount to be paid Contractor by issuance
of Certificates of Obligation . . . . . 165,000.00
6. Carry-over to next claim. . . . . . . . 520.30
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 de-
scribed above; and $165,000.00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas.
P. G. EL COMPANY
By
uthorized Representative)
(Title)
----------------------------------------------------------
All materials and supplies represented:by the claim shown
in line 4 above are in full accordance with the terms and con-
ditions of the contract described above, and such claim is
hereby in -all things approved for payment by the City.
MALCOLM A. COLLINS, ENGINEER
By L
i
P
CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF
$2,750,000 CITY OF PEARLAND, TEXAS, WATERWORKS AND
SEWER SYSTEM REVENUE BONDS, SERIES 1978
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND, TEXAS
(the "City"), do hereby certify as follows:
1. That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2. That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the ordinance de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3. That a true and complete copy of the ordinance (the
"Ordinance"), as adopted at the meeting described in such excerpt
from the minutes, is attached to and follows such excerpt.
4. That the Ordinance has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves, the Ordinance; that the Mayor and the City
Secretary of the City have duly signed and attested the Ordinance
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Ordinance
for all purposes; and that the Ordinance, as signed, has been
duly recorded in the minutes of the City Council for such meeting.
5. That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance, of the date, hour, place and subject of
such meeting of the City Council, and that the Ordinance would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance, to the
holding of such meeting to consider and act upon such subject.
6. That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Ordinance
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act,
Article 6252-17, Vernon's Texas Civil Statutes, as amended.
SIGNED AND SEALED the 14th
City S to y
(SEAL)
day of August, 19 8.
a
Mayor