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1978-08-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON AUGUST 28, 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 Councilman Councilwoman Councilman Councilman City Manager City Attorney City Secretary Fiscal Agent INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Harry Farley Dennis Frauenberger Fran Coppinger Carlton McComb Morris Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook Tom Masterson, Underwood, Neuhaus 4 Company The invocation was given by Councilman Farley. The Pledge of Allegiance was led by City Attorney Bobby Williams. BID OPENINGS - SEALED BIDS OPENED AS FOLLOWS: Kidder, Peabody, $ Co., .1,364,068.75 0 1,364,068.75 5.389446 Inc., First Boston Corporation Goldman, Sachs $ Co., Texas Commerce Bank Rauscher Pierce Securities 1,373,162.50 179.50 1,372,983.00 5.42466% Corp., Merrill Lynch -White Weld Cap. Mkt. Group Rowles, Winston Division 1,381,500.00 0 1,381,500.00 5.458317% Cowen $ Co. (Mgr.), Pain, Webber, Jackson & Curtis Inc., Rotan Mosle Inc., Blyth Eastman Dillon & Co., Inc. Underwood, Neuhaus $ Co., 1,384,632.50 0 1,384,632.50 5.4706931 Inc. & Assoc., Pearland State Bank Good Faith Deposit of $37,200.00 from City National Bank of Austin acknowledged. $2,750,000.00 City of Pearland Waterworks and Sewer System Revenue Bonds, Series 1978: TOTAL INTEREST LESS CASH NET INTEREST EFFECTIVE BIDDER(S) COST PREMIUM COST INTEREST RATE Underwood, Neuhaus & Co,, $2,543,440.00 0 $2,543,440.00 6.0071800 & Associates Rowles, Winston Division 2,585,120.00 0 2,585,120.00 6.105621% Cowen & Co. (Mgr.), Blyth Eastman Dillon & Co., Inc.,`Donaldson, Lufkin & Jenrette Sec. Corp., E. F. Hutton & Co., Inc., Paine, Webber, Jacksin & Curtis, Inc. $_1;860,000.00 City of Pearland.Permanent TOTAL INTEREST BIDDERS) COST Improvement Bonds, LESS CASH PREMIUM Series 1978: NET INTEREST COST EFFECTIVE INTEREST RATE Republic National Bank & $1,356,596.25 300.00 $1,356,296.25 5.3587% Fort Worth National Bank First City National Bank 1,356,693.75 1.60 1,356,692.15 5.360301% of Houston C & C Southwest (Mgr.) 1,360,502.50 0 1,360,502.50 5.375356% National Bank of Commerce of Dallas, Allied Bank of Texas, Community Bank of Houston Kidder, Peabody, $ Co., .1,364,068.75 0 1,364,068.75 5.389446 Inc., First Boston Corporation Goldman, Sachs $ Co., Texas Commerce Bank Rauscher Pierce Securities 1,373,162.50 179.50 1,372,983.00 5.42466% Corp., Merrill Lynch -White Weld Cap. Mkt. Group Rowles, Winston Division 1,381,500.00 0 1,381,500.00 5.458317% Cowen $ Co. (Mgr.), Pain, Webber, Jackson & Curtis Inc., Rotan Mosle Inc., Blyth Eastman Dillon & Co., Inc. Underwood, Neuhaus $ Co., 1,384,632.50 0 1,384,632.50 5.4706931 Inc. & Assoc., Pearland State Bank Good Faith Deposit of $37,200.00 from City National Bank of Austin acknowledged. $2,750,000.00 City of Pearland Waterworks and Sewer System Revenue Bonds, Series 1978: TOTAL INTEREST LESS CASH NET INTEREST EFFECTIVE BIDDER(S) COST PREMIUM COST INTEREST RATE Underwood, Neuhaus & Co,, $2,543,440.00 0 $2,543,440.00 6.0071800 & Associates Rowles, Winston Division 2,585,120.00 0 2,585,120.00 6.105621% Cowen & Co. (Mgr.), Blyth Eastman Dillon & Co., Inc.,`Donaldson, Lufkin & Jenrette Sec. Corp., E. F. Hutton & Co., Inc., Paine, Webber, Jacksin & Curtis, Inc. BIDDERS) TOTAL INTEREST COST LESS CASH PREMIUM NET INTEREST COST EFFECTIVE iNTEREST-RATE Rauscher Pierce Securities $2,609,322.50 $ 22.95 $2,609,299.55 6.162729% Corp., Merrill Lynch -White Weld Cap. Mkt. Group Kidder, Peabody $ Co., Inc. 2,702,677.50 0 2,702,677.50 6.383272% First Boston Corporation, Goldman, Sachs $ Company Good Faith Deposit of $55,000.00 from City National Bank of Austin acknowledged. It was moved by Councilman Farley, seconded by Councilman McComb that the bids submitted be received into the records of the City and referred to the Fiscal Agent for tabulation and recommendation. Motion passed 5 to 0. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the minutes of a regular meeting on August 14, 1978 be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that the minutes of a special meeting on August 21, 1978 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: Ron Wicker, Director of Planning & Transportation presented a report to the City Council on the request by the Green Tee Homeowners Association made at the last regular meeting of the City Council. This item to be placed on the next regular agenda of the City Council. CITIZENS: Mr. Keith Edwards, who owns property located at the southern extremity of the City, appeared before the City Council with a request for some tax relief. Mayor Reid advised Mr. Edwards that he could not promise him anything; however, he, the City Manager, and the City Attorney would investigate his problem. Ms. Hopie Soria and Reverend Ken Kesselus presented a program for establishing a local agency centrally located within the Greater Pearland Area designed to meet the specific needs of the community for juvenile counseling services. They advised that they were seeking the support of key entities in the area. A complete proposed program was furnished to each member of the City Council. Ms. Soria advised that they would be asking for sponsorship from the City so Federal Funds might be obtained for this project. UNFINISHED BUSINESS: ORDINANCE NO. 382, AN ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLE- MENT PERIOD BEGINNING OCTOBER 1, 1978 AND ENDING SEPTEMBER 30, 1979: Ordinance No. 382 was read in caption by Councilman Wilson. (Second Reading) It was moved by Councilman Wilson, seconded by Councilman Farley that Ordinance No. 382 be passed and approved on second and final reading. 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 Farley, Councilwoman Coppinger, Councilman Frauenberger. Voting "Nay" - None LN Motion passed 4 to 0. Councilman McComb not present in Council Chambers at this time. MEETING RECESSED AT 8:45 P.M. - RECONVENED AT 9:00 P.M. ORDINANCE NO. 381 - AN ORDINANCE AUTHORIZING ISSUANCE OF $1,860,000.00 PERMANENT IMPROVEMENT BONDS, SERIES 1978: Ordinance No. 381 was read in caption by Councilman McComb. (Second Reading) It was moved by Councilman McComb, seconded by Councilman Wilson that Ordinance No. 381 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 381 ORDINANCE AUTHORIZING ISSUANCE OF $1,860,000 PERMANENT IMPROVEMENT BONDS, SERIES 1978. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. A COPY OF THE MINUTE ORDER AND COMPLETE COPY OF ORDINANCE NO. 381 APPENDED HERETO AND FORMS A PART OF THESE MINUTES. ORDINANCE NO. 386 - AN ORDINANCE AUTHORIZING THE ISSUANCE OS $2,750,000 CITY OF PEARLAND, TEXAS WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1978: Ordinance No. 386 was read in caption by Councilwoman Coppinger. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that Ordinance No. 386 be passed and approved on second and final reading. Said .•— Ordinance reads in caption as follows: 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, Councilman Frauenberger. Voting "Nay" - None Motion passed 5 to 0. A COPY OF THE MINUTE ORDER AND COMPLETE COPY OF ORDINANCE NO. 386 APPENDED HERETO AND FORMS A PART OF THESE MINUTES. RESOLUTION NO. R78-33, A RESOLUTION FIXING COUPON INTEREST RATES FOR $1,860,000 CITY OF PEARLAND PERMANENT IMPROVEMENT BONDS, SERIES 1978 AND NAMING PURCHASER OR PURCHASERS THEREOF: Mr. Tom Masterson, Fiscal Agent for the City, recommended that the bid be awarded to the Republic National Bank of Dallas and Fort Worth National Bank. Resolution No. R78-33 was read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Wilson that Resolution No. R78-33 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTIO -33 RESOLUTION FIXING COUPON INTEREST RATES AND NAMING PURCHASER OF $1,860,000 PERMANENT IMPROVEMENT BONDS, SERIES 1978. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. A COPY OF THE MINUTE ORDER AND COMPLETE COPY OF RESOLUTION NO. R78-33 APPENDED HERETO AND FORMS A PART OF THESE MINUTES. 0 RESOLUTION NO. R78-34, A RESOLUTION FIXING COUPON INTEREST RATES AND NAMING PURCHASER OF $2,750,000 WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1978: Mr. Tom Masterson, Fiscal Agent for the City, recommended that Underwood, Neuhaus & Company be awarded the bid. Resolution No. R78-34 was read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Farley that Resolution No. R78-34 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R78-34 RESOLUTION FIXING COUPON INTEREST RATES AND NAMING PURCHASER OF $2,750,000 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. A COPY OF THE MINUTE ORDER AND COMPLETE COPY OF RESOLUTION NO. R78-34 APPENDED HERETO AND FORMS A PART OF THESE MINUTES. 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 caption by Councilman Wilson. (Second Reading) It was moved by Councilman Wilson, seconded by Councilman McComb that Ordinance No. 383 be passed and approved on second and final reading. 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: Ordinance No. 384 was read in caption by Councilman McComb. (Second Reading) It was moved by Councilman McComb, seconded by Councilman Farley that Ordinance No. 384 be passed and approved on second and final reading. 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. 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 CONDITIONS: Ordinance No. 385 was read in caption by Councilman Farley. (Second Reading) It was moved by Councilman Farley, seconded by Councilman McComb that Ordinance No. 385 be passed and approved on second and final 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 PROVIDING THE EFFECTIVE DATE HEREOF. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. ACCEPTANCE OF EASEMENT DEED FROM AARON PASTERNAK, TRUSTEE: It was moved by Councilman Farley, seconded by Councilman Wilson that the City accept the Easement Deed dated August 2, 1978 from Aaron Pasternak, Trustee. Motion passed 5 to 0. The above easement covers a 4.392 Tract out of the W.D.C. Hall Survey, Abstract 70. NEW BUSINESS: APPOINTMENTS: Appointments ao Board of Adjustment and Appeal (Building Board) and Plumbing Appeals and Advisory Board to be on the next regular agenda. PRELIMINARY PLAT OF BRAZORIA COUNTY INDUSTRIAL PARK: The Planning and Zoning Commission approved the Preliminary Plat, and it was brought before the City Council for consideration. It was moved by Councilman Wilson, seconded by Councilman Farley that the Pre- liminary Plat of Brazoria County Industrial Park be approved. Motion passed 5 to 0. ADJUSTMENTS IN THE 1977 TAX ROLL: Tax Assessor -Collector, James 0. DeShazer, had submitted the adjustments in the 1977 Tax Roll to the City Council for consideration. The following is a recap of the adjustment: ADJUSTMENTS TO 1977 TAX ROLL ASSESSED VALUE: Addition to Roll $ 1,313,182 Reduction to Roll -2,271,210 Adjusted -Revised Net Assessed Value: ($- 958,028) TAX COMPUTATION: Addition to Roll $ 1,681.39 Reduction to Roll -7,302.77 Adjusted -Revised Tax Dollars gained/lost ($-5,621.38) It was moved by Councilman Frauenberger, seconded by Councilman Farley that the adjustments to the 1977 Tax Roll as submitted by the Tax Assessor -Collector and considered at this meeting be approved. Motion passed 5 to 0. REPORT FROM THE PLANNING AND ZONING COMMISSION AND CALL OF PUBLIC HEARINGS ON APPLICATION NO. 59(AMENDED), E.D. LE BOUF AND APPLICATION NO. 62, W.E.L. HARTMAN ETUX: Mayor Reid read a report from the Planning and Zoning Commission dated August 18, 1978 wherein they recommended that the requests for change in land use as shown in Application No. 59 (AMENDED) and Application No. 62 be approved. It was moved by Councilman McComb, seconded by Councilman Frauenberger that Public Hearings be called before the City Council on Application No. 59(AMENDED) and Application No. 62 under Docketed Public Hearings of the regular agenda of September 25, 1978 at 7:30 P.M. Motion passed 5 to 0. N RESOLUTION NO. R78-35, A RESOLUTION APPROVING CLAIM AND AUTHORIZING ISSUANCE OF CERTIFICATES OF OBLIGATION, SERIES 1976A - CHENNAULT MATERIALS COMPANY, INC: Resolution No. R78-35 was read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman McComb that Resolution No. R78-35 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R78-35 RESOLUTION APPROVING 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. A COPY OF THE MINUTE ORDER AND COMPLETE COPY OF RESOLUTION NO. R78-35 APPENDED HERETO AND FORMS A PART OF THESE MINUTES. ORDINANCE NO. 246-51, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE. APPLICATION NO. 60, CITY OF PEARLAND: Ordinance No. 246-51 was read in caption by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Wilson that Ordinance No. 246-51 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-51 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. 246-52, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 61, GABRIEL BAIZAN, AGENT: Ordinance No. 246-52 was read in caption by Councilman Wilson. (First Reading) It was moved by Councilman Wilson, seconded by Councilman Frauenberger that Ordinance No. 246-52 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-52 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. AUTHORIZATION TO BID WALNUT STREET PROJECT: It was moved by Councilman McComb, seconded by Councilman Wilson that the Walnut Street project be advertised for bids to be opened at 12:00 Noon, September 25, 1978, with possible award of bid at regular meeting of the City Council at that time. Motion passed 5 to 0. fl - ADJOURNMENT: The meeting adjourned at 9:55 P.M. Minutes approved as submitted and/or corrected this day of A. D., 1978. Z, Mayor ATTEST: ity Secretary