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1976-06-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 14, 1976 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 Carlton McComb Councilman Tom Reid Councilman Cecil W. Griffin Councilman Harry Farley Councilman Terry Gray Councilman Benny J. Frank (Entered 7:45 P. M.) City Manager William E. Wolff City Attorney Bobby Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Tom Reid. The Pledge of Allegiance was led by Councilman Gray. ADOPTION OF RESOLUTIONS AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY AND NOTICE TO BIDDERS: RESOLUTION NO. 76-12 was read in full by Councilman Farley. Spanish Translation placed in envelope in back of this minute book. THE STATE OF TEXAS @ COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND 9 The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 14th day of June, 1976, 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: Carlton McComb Mayor Tom Reid Councilman and Mayor Pro Tem Cecil W. Griffin Councilman Harry Farley Councilman Terry Gray Councilman Dorothy L. Cook City Secretary and all of said persons were present, except the following absentees: Councilman Benny J. Frank, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written resolution entitled: RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE $240,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976 (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 AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE $240,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976 THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS 9 CITY OF PEARLAND 19 WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), deems it advisable to issue Certificates of Obligation of the City in accordance with the notice hereinafter set forth; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The City Secretary is hereby authorized and directed to cause to be published in the manner required by law a notice of intention to issue Certificates of Obligation in substantially the following form: NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Pearland, Texas (the "City"), will meet in the City Hall, City of Pearland, Texas, at 7:30 P. M. on July 12, 1976, to adopt a resolution authorizing the issuance of the City's certificates of obligation, payable from City ad valorem taxes, in the maximum aggregate principal amount of $240,000, bearing interest at a rate not in excess of that prescribed by Article 717k-2, V.T.C.S., as amended, and maturing over a period of years not to exceed twenty (20) years from the date thereof, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of the purchase of land, rights-of-way for the roads, bridges and streets of the City, and the cost of professional services incurred in con- nection therewith. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 14th day of June, 1976. /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) Section 3. The notice set forth in Section 2 above shall be published once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City of Pearland, the date of the first publication to be not less than fourteen (14) days prior to the date tentatively set in said notice for the passage of the resolution authorizing the issuance of such Certificates of Obligation. Section 4. The Mayor, City Secretary, and other officers of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 5. This resolution shall take effect immediately upon its passage. Section 6. 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 resolution is adopted and for the adoption of this resolution; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, and ratified. PASSED AND APPROVED this 14th day of June, 1976. ATTEST: /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) /s/ Carlton McComb Mayor CITY OF PEARLAND, TEXAS It was moved by Councilman Farley, seconded by Councilman Reid that Resolution No. 76-12 be passed and approved on first and only reading. Motion passed 4 to 0. RESOLUTION NO. 76-13 was read in full by Councilman Griffin. Spanish Translation placed in envelope in back of this minute book. THE STATE OF TEXAS COUNTIES OF BRAZbRIA 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 June, 1976, 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: Carlton McComb Tom Reid Cecil W. Griffin Harry Farley Terry Gray Benny J. Frank Dorothy L. Cook Mayor Councilman and Mayor Pro Tem Councilman Councilman Councilman Councilman City Secretary and all of said persons were present, except the following absentees: none, thus constituting a quorum. Whereupon, among other business, the following was trans- acted at said meeting: a written resolution entitled: RESOLUTION AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE $195,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A (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 AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE $195,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND . WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), deems it advisable to issue Certificates of Obligation of the City in accordance with the notice hereinafter set forth; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, THAT: Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The City Secretary is hereby authorized and directed to cause to be published in the manner required by law a notice of intention to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION -- TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that sealed proposals (hereinafter sometimes called "bids") addressed to the Mayor and City Council of the City of Pearland, Texas (the "City"), will be received at a meeting of'the City Council in the City Hall, City of Pearland, Texas, until 7:30 P. M., July 12, 1976, at which time and place they will be publicly opened and read aloud, for furnishing materials and supplies for improving the roads, bridges and streets of the City, to -wit: (1) Base material and fill; (2) Hot -mix asphalt surfacing material; and (3) Bridge construction materials and supplies; and the City Council tentatively proposes to let a contract, or contracts, for the purchase, or purchases, of such materails and supplies, and to authorize issuance of Certificates of Obligation, in accordance with the terms and provisions of this Notice at such meeting or at a subsequent meeting of the City Council in said City Hall. Bids may be made on one or more items. Bids received after said closing time will be returned unopened. A cashier's check or certified check, drawn on a bank acceptable to the City and made payable to the City, or a bidder's bond issued by a surety company duly licensed in the State of Texas, in an amount equal to not less than five percent (50) of the largest possible total of the bids submitted, including alternates, must accompany each bid, as a guaranty that the successful bidder, or bidders, will enter into a contract and execute bonds and guaranties on the terms provided herein, and in the contract documents and specifications, within ten (10) days after notice of award of contract, or contracts. Such checks or bidders' bonds will be returned to bidders within five (5) days after opening of _ bids, except that such checks or bidder's bonds of the acceptable bidders submitting the three lowest bids will be returned to said bidders within twenty-four (24) hours after final execution of contract. The successful bidder, or bidders, must furnish performance bond and payment bond on the forms furnished with such contract documents, each in the full amount of the contract price and issued by a surety company authorized to do business in this State in accordance with the provisions of Article 5160, Revised Civil Statutes of Texas, 1925, as amended. Copies of contract documents and specifications are on file at the office of the City Manager in the City Hall of the City and may be examined and obtained there without charge. This Notice shall be and constitute a part of the said contract documents and specifications. No such bids may be withdrawn after the scheduled closing time for receipt of bids and for thirty (30) days thereafter. The City reserves the right to accept any bid deemed most advantageous to it, including alternates, to reject any and all bids, and to waive any informality. In case of ambiguity or lack of clearness in the statement of prices in each proposal, the City reserves the right to adopt prices written in words, or to reject the proposal. It is the intention of the City to pay all or any part or any contractual obligation to be incurred for the purchase of such materials and supplies, in- cluding contractual obligations for professional services in connection therewith, by the issuance of Certificates of Obligation of the City, payable from City ad valorem taxes, in the maximum aggregate principle amount of $195,000, bearing interest at a rate not in excess of tYa tprescribed by Article 717k-2, V.T.C.S., as amended, and maturing over a period of years not to exceed 20 years from the date thereof, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of purchasing such materials and supplies, including the cost of professional services incurred in connection therewith; and the successful bidder or bidders will be required to accept such Certificates in payment of all or any portion of the contract price, or prices. The City Council has made provision for each contractor (successful bidder) to sell and assign such Certificates of Obligation to another at par and without discount, and with no exchange or collection charges to such contractor, and each bidder is required (at the time of the receipt of bids by the City Council) to elect whether he will accept such Certificates in payment of all or part of the contract price, or prices, or assign such Certificates in accordance with such arrangements. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 14th day of June, 1976. /s/ Dorothy L. Cook City Secretary (SEAL) CITY OF PEARLAND, TEXAS �( Section 3. The notice set forth in Section 2 above shall be published once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City of Pearland, the date of the first publication to be not less than fourteen (14) days prior to the date tentatively set in said notice for the passage of the resolution authorizing the issuance of such Certificates of Obligation. Section 4. The Mayor, City Secretary, and other officers of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 5. This resolution shall take effect immediately upon its passage. Section 6. 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 resolution is adopted and for the adoption of this resolution; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, and ratified. PASSED AND APPROVED this 14th day of June, 1976. ATTEST: /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) /s/ Carlton McComb Mayor CITY OF PEARLAND, TEXAS It was moved by Councilman Griffin, seconded by Councilman Farley that Resolution No. 76-13 be passed and approved on first and only reading. Motion passed 5 to 0. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Farley that the minutes of the Public Hearing held on May 19, 1976, be approved as submitted. Motion passed 5to0. It was moved by Councilman Frank, seconded by Councilman Griffin that the minutes of the regular meeting of May 24, 1976 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: 1. Mary Emma Bristow was not present as the meeting. 2. George E. Young appeared before the City Council to discuss the progress on utility installation to a planned Multi -family development located on the east side of Pearland near the Galveston County line. Mr. Young advised the Council that some 138 days have passed since he paid his portion for the extension of a water line and to date he does not have water or sewer facilities to the property. Mr. Young wanted to know why this project was not placed on the priority list as promised, why the utilities have not been installed and when will the utilities be installed. Mr. Young was advised that since he chose to have the City forces install the lines, rather than bid out a turn -key job, the projects, will take longer. City Manager Wolff advised that Mr. Young's project on water lines was the only one that has been started, however, some sewer lines have been installed that were previously committed. Mr. Wolff advised that the first priority was to keep the entire system in operation. Mr. Young made general comments on Council 4etivities. 3. Mr. Robert B. Bristow presented a report from the Improvement and Beautification Board on survey made on use of trash bags in the City. The following outlines the findings of the Board: REGENCY PARK TRASH BAG TRIAL OBJECTIVE: TO DETERMINE THE FEASIBILITY, BENEFITS, AND COST OF ADOPTING A BAG SYSTEM FOR TRASH COLLECTION IN PEARLAND. PROCEDURE: *REGENCY PARK SUBDIVISION SELECTED AS TEST AREA *TRIAL PERIOD FOR EACH BAG TYPE: 1 MONTH *EACH RESIDENCE SUPPLIED WITH PLASTIC TRASH BAGS: 3 BAGS/RESIDENCE/WEEK *EACH RESIDENCE SUPPLIED WITH PAPER TRASH BAGS: 2 BAGS/RESIDENCE/WEEK *SURVEY OF RESIDENTS' OPINIONS AFTER THE TRIAL PERIOD *SURVEY OF TRASH WORKERS AFTER THE TRIAL PERIOD RESULTS: *OVER 89% OF PARTICIPANTS SURVEYED *CONSENSUS: 1) BAG SYSTEM IS FEASIBLE 2) BAG SYSTEM WOULD RESULT IN A CLEANER, NEATER CITY 3) COST WOULD BE ABOUT $1.00 PER RESIDENCE PER MONTH RECOMMENDATION: ADOPTION OF A TRASH BAG SYSTEM WOULD GREATLY ENHANCE THE APPEARANCE OF THE CITY. 4. Mr. R. L. Biediger presented a petition containing some 749 signatures asking that the City Council pave Hatfield Road south of F. M. 518. The Mayor read into the records the letter attached to the petition as follows: "June 14, 1976 Honorable Mayor and City Council City of Pearland, Texas Subject: Paving of Hatfield Road south of F. M. 518 to Fite Road Attached to this letter are the ORIGINALS of a petition that was circulated by members of our community in an effort to gain the support of Pearland residents in the pursuit of the above mentioned cause. That petition now contains the signatures of 749 Pearland residents of voting status. You will also find attached, a copy of the notice that was circulated in obtaining these signatures. It briefly states what the petition is for,and, the reasons for the movement. We hope that the support demonstrated by this petition will help you in making the RIGHT decision concerning the paving of Hatfield Road. Respectfully, /s/ R. L. Biediger--For the Citizens of Pearland" Mayor McComb advised Mr. Biediger that this item of improvements to Hatfield was on the agenda and would be under consideration by the City Council at this meeting. In order to consider the item at this time, the Mayor changed the order of business, unfinished and Item 2 under /: business was considered at this time: 1- 61 UNFINISHED BUSINESS: REPAIRS TO HATFIELD ROAD: City Manager Wolff reported that he had worked up a cost estimate on this road and a single penetration on the present base from 518 to Fite Road would cost approximately $1,600.00. A discussion was held and it was brought out that the road should last at least three to five years with a single penetration. The cost of a double penetration would be $3,200.00 and would last five to eight years. It was brought out that the base on which the single or double penetration was placed actually determined the life of the road. Mr. Wolff advised that this road has about five inches of base on it, and he felt it would be better to put a single penetration on it this year and another next year. It was moved by Councilman Reid, seconded by Councilman Griffin that the City Council authorize the City Manager to expend $1,600.00 for material to pave Hatfield Road from F. M. 518 (W. Broadway) to Fite Road, and that the money for this project be appropriated from the Council Contingency Fund. Motion passed 5 to 0. Mayor McComb advised that Yost Road would be on the next agenda. Mayor McComb absent from the room - Mayor Pro Tem Reid presiding at 8:35 P. M. REPORT FROM COUNCILMAN GRIFFIN ON CERTIFICATES OF OBLIGATION: Councilman Griffin reported that the following projects would be included in the proposed Certificates of Obligation: 1. Park Road - (Broadway to John Lizer Road) 4,800 linear ft. of base, 4,300 linear feet of topping. 2. Knapp Road East (Main Street easterly 1,750 linear feet.) 3. Knapp Road West (Main Street westerly to Mykawa Road 2,700 linear feet.) 4. Walnut Street railroad crossing and street improvements. 5. Mykawa Road (Comal to Broadway). 6. Dixie Farm Road Mayor McComb returned to Council Room at 8:38 P. M. DOCKETED PUBLIC HEARINGS STARTING AT 8:45 P. M. 1. ENTEX, INC. - REQUEST FOR RATE INCREASE PERSONS WISHING TO SPEAK FOR THE PROPOSED RATE INCREASE: Howard Bell, Vice President of Entex, advised that at the time Entex bought out the facilities of Houston Natural Gas here in Pearland they found themselves with two different rate ordinances. One rate ordinance for approximately 2,500 162 customers and another rate ordinance for 133 customers. Entex's present request was for the 133 customers to be changed to a rate that would correspond with the existing rate for the 2,500 customers. Also, a large volume consumer amendment has been asked for users in excess of 150 mcf per month. PERSONS WISHING TO SPEAK AGAINST THE RATE ORDINANCE: Mrs. Frances Jamison stated that she opposed any rate increase by the Gas Company. QUESTIONS FROM THE CITY COUNCIL: None. ADJOURN PUBLIC HEARING AT 8:55 P. M. 2. CHANGE IN LAND USE - APPLICATION NO. 23, GABRIEL BAIZAN Planned Unit to M-1 on the following described property: 5 acres out of the East 10 acres of Tract 30 of the W. Zychlinski Subdivision, Section 4, Abstract 543 as recorded in Plat Book 29, Page 43 of the Deed Records of Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Gabriel Baizan advised that he wanted to use this property for custom packaging of solvents. The type of solvents would be paint thinner, lacquer thinner, turpentine, etc. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Mr. A. W. Churchman, of 6918 Shank Road, advised that this plant would be within about 250 feet of his residence and the products involved would be flammable. He was opposed to change in Zoning. QUESTIONS BY THE CITY COUNCIL: Councilman Farley asked if the products involved included acidtone, MEK, or toluene. Mr. Baizan advised that the products were used only in small amounts as blending agents. Councilman Farley also asked if the plans included provisions for spillage or vapor recovery. Mr. Baizan advised that the plans did not, however, the amount involved is much less than the EPA standard. The filling and sealing of the containers would be by automatic process. Mr. Baizan advised that this operation would be exactly the same as the Pasadena operation and that the Planning and Zoning Commission inspected this operation before they recommended that the requested change be made in zoning. A discussion was held regarding the location of the plant and whether or not the bulk would be enclosed. Mr. Baizan advised that the plant would be 100 feet on each side and 140 feet or more from the street, and that the bulk products would be enclosed. The maximum amount would be about 8,000 gallons which is normally placed in containers on the day it is received. No fumes or odors would be emitted past the property line. ADJOURN HEARING AT 9:10 P. M. 3. CHANGE IN LAND USE - APPLICATION NO. 24 - GEORGE E. YOUNG Planned Unit to Commercial on the following described property: 28.75399 acres being comprised of portions of Lot 18, and the southwesterly 1/2 of Lot 19 of the Jenkins Subdivision shown on the map recorded in Volume 79, Page 616 & 617 of the deed records of Brazoria County, Texas and portions of Lots 1,2,3,4,5,6,7,8,9,10,11,& 12 of the Narregang Subdivision, a subdivision of part of Lots 19,20, & 21 of the aforementioned Jenkins Sub- division, part of the W.D.C. Hall Survey, Abstract No. 70, shown in map recorded on Volume 3, Page 53 of the plat records of Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. George E. Young advised that the change requested was in conformance with the Master Plan of the Land Use Plan of the City of Pearland. That commercial classification is the highest and best use of the property and the only logical use of the property. He advised that he did not have any immediate plans for the property but would like to be able to plan for its use in the future. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None. QUESTIONS FROM THE CITY COUNCIL: Councilman Reid asked the City Manager if water and sewer services were available at this location. Mr. Wolff advised that water was available but sewer was not. The nearest tie -on point would be the line on Woodcreek Drive. ADJOURN HEARING AT 9:15 P. M. 4. CHANGE IN LAND USE - APPLICATION NO. 26, TOMMY G. HAMBY, ET UX: Planned Unit to M-1 (Light Industrial) 2 1/2 acres out of East 1/2 of Lot or Tract 47, Section 4, H. T. & B. R. R. Company Survey, Abstract No. 543, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Glenn Chaney, Attorney representing Mr. Hamby, advised that this property was purchased from Mr. Bowling. Mr. Hamby desires to put in a pipe honing operation. Mr. Chaney stated that the property was previously used as a machine shop. Mr. Hamby advised that he wanted to put in a pipe honing shop and the equipment needed is too large for the present building. He advised that he wanted to build approximately 35 feet onto the present building. He stated that he would have approximately 12 people maximum working in the building. Mr. Gene Sanders advised that he owned the adjacent property to the north of this property. Mr. Sanders stated that it was his recommendation that the City Council grant this request. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None. QUESTIONS FROM THE CITY COUNCIL: Councilman Farley asked Mr. Hamby if this operation generated dust. Mr. Hamby A4 advised that it did not generate any dust and the fluid used in the operation was recycled. ADJOURN HEARING AT 9:25 P. M. MEETING RECESSED AT 9:25 P. M. - RECONVENED AT 9:40 P. M. UNFINISHED BUSINESS: (Continued) COUNCIL'S DECISION ON REQUEST FOR CHANGE IN LAND USE BY GABRIEL BAIZAN, GEORGE E. YOUNG AND TOMMY HAMBY, ET UX: It was moved by Councilman Griffin, seconded by Councilman Frank that the City Attorney be instructed to prepare necessary ordinances for Land Use Changes on Application No. 23, Gabriel Baizan, Application No. 24, George E. Young, and Application No. 26, Tommy Hamby, Et Ux. Motion passed 5 to 0. APPOINTMENT OF MEMBER OF IMPROVEMENT AND BEAUTIFICATION BOARD: Councilman Reid submitted the name of Bobbie J. Landrum as a member of the Board. It was moved by Councilman Reid, seconded by Councilman Gray that Mrs. Bobbie J. Landrum be appointed to the Improvement and Beautification Board for a three year term to expire in 1979. Motion passed 5 to 0. Mayor McComb administered the Oath of Office to Mrs. Landrum. SPECIAL COMMITTEE REPORT - PEARLAND AIRPORT: Councilman Reid submitted the following report: REPORT TO COUNCIL ON AIRPORT AT WALNUT STREET An initial review has been completed on the aircraft operations activities of the Pearland Airport as it affects vehicle traffic along Walnut Street. Aircraft problems using the North-South runway as it crosses Walnut is a current hazard to vehicle traffic. The removal of trees along Walnut has improved visibility for both vehicle and aircraft traffic; however, the long and un- obstructed approach zone from F. M. 518 to Walnut encourages a low glide path across Walnut for landings on the North-South runway. This crossing will become an increasing hazard with the completion and opening of the grade crossing of Walnut at Highway 35 and the resulting increase in traffic along Walnut. The following immediate actions are recommended: 1. Install warning lights on Walnut Street on both sides of the runway landing platform. Pole mounted, double yellow -flasher caution light with diamond shaped warning signs can be purchased for $710.00, less installation. The City can install the devices and electrical hook ups are available at the site. These devices can be used later at other hazardous locations. 2. Enter immediate.negotiations with the airport owner to discontinue use of the North-South runway (except for emergency use), or modify the use of the run- way to reduce the hazard. Modified use of the runway could include use during certain hours, or removing a specified length of the runway on the North end to increase the glide path across Walnut, etc. In addition to the traffic hazard along Walnut Street, the aircraft operations of the airport will always be an increasing hazard to the entire City. It will be increasingly more difficult for the airport to co -exist with current and future growth patterns of Pearland. Adjacent residential development, proposed new 165 businesses, schools, and major traffic arteries are in direct line with the traffic patterns for aircraft take off and landings. There is really no question as to whether or not a tragedy will occur --the only question is when and how serious. In recognition of this fact, the following action is recommended: Obtain a legal opinion of the responsibility and authority of the City in regards to the aircraft operations of the Pearland Airport. Councilman Tom Reid It was moved by Councilman Reid, seconded by Councilman Farley that the City Attorney provide an enabling ordinance for the placement of warning lights on Walnut Street on both sides of the runway landing pattern as it crosses Walnut, and that the Assistant Traffic Engineer be authorized to purchase and install appropriate warning device. Funds for this device to be paid out of the Council Contingency Fund. Motion passed 5 to 0. Mr. Tim Luther, of 5601 Carmona Lane, and Mr. Richard Landrum of 1811 Sleepy Creek Way, both licensed pilots, agreed to serve on Committee chaired by Councilman Reid. It was moved by Councilman Reid, seconded by Councilman Griffin that the City Manager be instructed to provide a legal opinion as to the responsibility and authority of the City in regards to the aircraft operations of the Pearland Airport. Motion passed 5 to 0. ADMINISTRATIVE DIRECTIVE ON BUILDING PERMITS: It was moved by Councilman Reid, seconded by Councilman Gray :that the City Council concur with the City Manager in the issuance of an administrative directive regarding issuance of building permits. Motion passed 5 to 0. NOTE: Administrative Directive typed in minutes of May 24, 1976. ORDINANCE NO. 220-3 - WATER RATE INCREASE: Ordinance No. 220-3 read in full by Councilman Frank. (Second Reading) It was moved by Councilman Frank, seconded by Councilman Griffin that Ordinance No. 220-3 be passed and approved on second and final reading. Said Ordinance No. 220-3 reads in caption as follows: ORDINANCE NO. 220-3 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 220, AND REPEALING ORDINANCE NO. 220-2, HERETOFORE ADOPTED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WITH REFERENCE TO THE RATES FOR WATER SERVICE, AND AMENDING ORDINANCE NO. 220 BY THE PROVISIONS HEREOF AND REVOKING ALL ORDINANCES IN CONFLICT HEREWITH. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman Gray and Councilman Frank. Voting "No" - None Motion passed 5 to 0. 166 ORDINANCE NO. 324 - APPROPRIATION ORDINANCE ADOPTING REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING JULY 1, 1976 AND ENDING DECEMBER 31, 1976: Ordinance No. 324 read in full by Mayor McComb. (Second Reading) It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No. 324 be passed and approved on second and final reading. Said Ordinance No. 324 reads in caption as follows: ORDINANCE NO. 324 AN APPROPRIATION ORDINANCE ADOPTING REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING JULY 1, 1976 AND ENDING DECEMBER 31, 1976. Voting "Aye" - Councilman Farley, Councilman Griffin, Councilman Reid, Councilman Gray and Councilman Frank. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 325 - ORDINANCE CLOSING HEARING ON SPECIAL ASSESSMENTS AGAINST THE OWNERS OF REAL PROPERTY ON PORTIONS OF FRANCES DRIVE, TAYLOR LANE AND MC GINNIS DRIVE: Ordinance No. 325 was read in full by Councilman Griffin. (Second Reading) It was moved by Councilman Griffin, seconded by Councilman Gray that Ordinance No. 325 be passed and approved on second and final reading. Said Ordinance No. 325 reads in caption as follows: ORDINANCE NO. 325 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE HEARING ON SPECIAL ASSESSMENTS AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF FRANCES DRIVE, TAYLOR LANE AND MC GINNIS DRIVE WITHIN THE CITY OF PEARLAND, TEXAS; FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENT OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF SAID PUBLIC STREETS; DECLARING THE AMOUNT OF ASSESSMENT AGAINST THE SAID ABUTTING PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Voting "Aye" - Councilman Farley, Councilman Griffin, Councilman Reid, Councilman Gray, and Councilman Frank. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 326 - ORDINANCE ACCEPTING STREET IMPROVEMENTS ON FRANCES DRIVE, TAYLOR LANE AND MC GINNIS DRIVE: Ordinance No. 326 was read in full by Councilman Farley. (Second Reading) It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No. 326 be passed and approved on second and final reading. Said Ordinance No. 326 reads in caption as follows: ORDINANCE NO. 326 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON FRANCES DRIVE, TAYLOR LANE, AND MC GINNIS DRIVE. Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman Griffin and Councilman Farley. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 329 - HOUSTON LIGHTING & POWER COMPANY RATE ORDINANCE: Ordinance No. 329 was read in full by Councilman Reid. (First Reading) It was moved by Councilman Reid, seconded by Councilman Farley that Ordinance No. 329 be passed and approved on first reading. Said Ordinance No. 329 reads in caption as follows: ORDINANCE NO. 329 AN ORDINANCE OF THE CITY OF PEARLAND, BRAZORIA AND HARRIS COUNTIES, TEXAS, ADOPTING AND APPROVING THE RATE SCHEDULES OF HOUSTON LIGHTING & POWER COMPANY TO BE KNOWN AS SCHEDULE RS -1 AND SCHEDULE MGS-1 SET FORTH IN EXHIBIT "A" AND EX- HIBIT "B" AS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE; AND PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE OR RATES. Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman Farley. Voting "No" - Councilman Griffin. Motion passed 4 to 1. NEW BUSINESS: CALL OF PUBLIC HEARINGS ON APPLICATIONS FOR CHANGES IN LAND USE AND URBAN DEVELOPMENT ORDINANCE: Mayor McComb read letters of recommendation dated June 8, 1976 from the Planning & Zoning Commission recommending that the requested changes be granted on Applications 25 and 27. It was moved by Councilman Griffin, seconded by Councilman Farley that Public Hearings be called before the City Council on Applications 25 and 27 under Docketed Public Hearings of the regular Council meeting of July 12, 1976. It was moved by Councilman Gray, seconded by Councilman Frank that Public Hearings before the Planning and Zoning Commission on Applications 28, 28A and 29 be called for July 6, 1976, at 7:30 P. M. Motion passed 4 to 0. Councilman Reid not present in the Council Chambers at this time. ORDINANCE NO. 330 - RATE SCHEDULE BY ENTEX: Ordinance No. 330 was read in full by Councilman Gray. (First Reading) i 168 It was moved by Councilman Gray, seconded by Councilman Reid that Ordinance No. 330 be passed and approved on first reading. Said Ordinance No. 330 reads in caption as follows: ORDINANCE NO. 330 AN ORDINANCE DETERMINING AND FIXING THE MAXIMUM SCHEDULES OF RATES TO BE CHARGED BY ENTEX, INC., ITS SUCCESSORS AND ASSIGNS, IN THE CITY OF PEARLAND, TEXAS, FOR NATURAL GAS AND NATURAL GAS SERVICE FURNISHED BY IT TO RESIDENTIAL AND COMMERCIAL CONSUMERS, CONTAINING DEFINITIONS, PROVIDING FOR GAS COST ADJUSTMENTS, FIXING THE EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINANCE, MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCES IN CONFLICT. Voting "Aye" - Councilman Farley, Councilman Griffin, Councilman Reid, Councilman Frank and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 331, AN ORDINANCE OF NECESSITY FOR PAVING A PORTION OF WASHINGTON AVENUE, OLD TOWNSITE: Ordinance No. 331 was read in full by Councilman Griffin. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance No. 331 be passed and approved on first reading. Said Ordinance No. 331 reads in caption as follows: ORDINANCE NO. 331 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF A PORTION OF WASHINGTON AVENUE, CITY OF PEARLAND, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS, IF NECESSARY; DIRECTING THE PREPARATION OF ESTI- MATES; INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE 1105b, VERNON'S REVISED CIVIL STATUTES; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE PAID AND PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH COSTS AGAINST ABUTTING PROPERTIES AND OWNERS THEREOF; PRO- VIDING FOR THE TERMS OF PAYMENT OF SUCH ASSESSMENTS; DIRECT- ING THE CITY SECRETARY TO CAUSE A CERTIFIED COPY OF THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS, PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF. Voting "Aye" - Councilman Gray, Councilman Farley, Councilman Griffin, and Councilman Frank. Voting "No" - None. Motion passed 4 to 0. Councilman Reid not present in Council Chambers at this time. RESOLUTION NO. 76-14, A RESOLUTION DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING ON BEHALF OF THE CITY FOR PURPOSE OF PARTICIPATION IN THE LAND CONSERVATION FUND ACT OF 1965:. Resolution No. 76-14 was read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Griffin that Resolution No. 76-14 be passed and approved on first and final reading as amended. Said Resolution No. 76-14 reads in caption as follows: RESOLUTION NO. 76-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF PEARLAND IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CON- SERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF PEARLAND IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman Gray, and Councilman Frank. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF STEVEN D. STRIPLING - AUXILIARY POLICE RESERVE: Chief of Police Stanford submitted the name of Steven D. Stripling as a member of the Auxiliary Police Reserve Unit for ratification by the City Council. It was moved by Councilman Farley, seconded by Councilman Reid that upon the recommendation of the Chief of Police that Steven Douglas Stripling be appointed as a member of the Police Reserve Unit. Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Frank, seconded by Councilman Griffin that Councilman Gray's absence from the regular meeting of May 24, 1976 be shown as excused absence as he was attending the Mayor and Councilmen's Institute in Arlington. Motion passed 5 to 0. MEETING ADJOURNED AT 11:50 P. M. Minutes approved as submitted and/or corrected this the day of A. D. 1976. ATTEST: City Sec etar Mayor 191