1976-07-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JULY 12, 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 Harry Farley
Councilman Terry Gray
Councilman Tom Reid
Councilman Benny J. Frank
City Manager William E. Wolff
City Attorney Bobby J. Williams
City Secretary Dorothy L. Cook
Absent from the meeting: Councilman Cecil W. Griffin
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Councilman Farley. The Pledge of Allegiance was
led by Councilman Gray.
BID OPENINGS:
The following bids were opened:
VENDOR PRODUCT PRICE
Hill Sand Company
Bid
#1
Fill material $2.00/yd.
$ 10,000.00
Ike Hall, Inc.
Bid
#1
Limestone $10.50/cu.yd.
115,500.00
Bid
#2
Hot mix asphalt $2.06/sq.yd.
76,220.00
Angle -Tex
Bid
#1
Bank gravel $7.70/yd.
84,700.00
Bid
#2
Hot mix asphalt $2.50/sq.yd.
92,500.00
Brown & Root
Bid
#2
Hot mix asphalt $1.71/sq.yd.
63,270.00
Chennault Materials
Bid
#1
Crushed concrete $5.95/yd
65,450.00
Fill material $1.80/yd
9,000.00
San Marcos Paving
Bid
#2
Hot mix asphalt $1.75/sq.yd.
64,750.00
Warren Brothers
Bid
#2
Hot mix asphalt $1.63/sq.yd.
60,310.00
Horton & Horton
Bid
#1
Tri -flex base $10.30/cu.yd.
113,300.00
Colorado Rock
Bid
#1
Lime Rock $10.00/cu.yd.
110,000.00
Pearland Lumber
Bid
#3
Bridge Materials & supplies
and hardware
25,632.33
Conroe Creosoting Bid #3
Bridge Materials &
supplies
21,305.20
Olsen & Guerra Lumber Bid
#3 Bridge Materials
& supplies
21,594.36
It was mot, ed,by'Counlilman Reid, seconded by Councilman Farley that the above bids
be received into the records of the City and referred to the City Manager for
tabulation and recommendation later in the meeting. Motion passed 4 to 0.
APPROVAL OF MINUTES:
It was moved by Councilman Gray, seconded by Councilman Reid that the minutes of
the regular meeting held on June 28, 1976 be approved as submitted. Motion passed
4 to 0.
MAVl1R' C ArrPTVT'PV RF.P(1RT
Mayor McComb answered questions submitted by Mrs. Jamison regarding the issuance of
the Certificates of Obligation. Mayor McComb advised Mrs. Jamison that the total
amount of the issues would be $240,000.00 for land, road rights-of-way for streets,
and $195,000.00 for materials for bridges and roadways. The Certificates of
Obligation for $195,000.00 will require approval of the Attorney General, the issue
for $240,000.00 will not.
The Certificates of Obligation will be accompanied by a Transcript of Proceedings.
Mrs. Jamison also wanted to know if the proposed funds raised from the Certificates
of Obligation be itemized as to what specific projects the funds are allocated and
how much of the money would be spent on each project. Mayor McComb advised that
the projects will be defined as to class of project only. The City will specify
the amount to be spent on each project when known. This information will not be
in the Transcript of Proceedings.
COUNCIL ACTIVITY REPORTS:
Councilman Gray reported on the activities of the Bicentennial celebration of
July 3rd, and July 4th.
Councilman Farley reported that the Pearland Area Emergency Service will meet
on the 16th. The classes have been completed and some 40 citizens are registered
as Emergency Medical Asssistants. The meeting on the 16th is to plan for the size
and strength and to consider if they are a likely group to come to the City
Council to offer to sponsor the Emergency Medical Service. This will in all
probability be at the next regular Council meeting.
DEPARTMENTAL REPORTS: None
DOCKETED PUBLIC HEARINGS:
NO. 1 - REQUEST FOR CHANGE IN LAND USE BY WOODROW LESIKAR, ET AL
APPLICATION NO. 25. OP to C.
Block 2, Lots 1 through 20; Block 3, Lots 1 through 16;
Block 4, Lots 1 through 20 in Airport,Subdivision, Section
4, Pearland, Texas.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST FOR CHANGE:
1. Mr. Woodrow Lesikar
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST FOR CHANGE:
1. Mr. Cecil Barcelo, operator of the Windsong Nursing Home,
requested an explanation of Commercial as it applies to zoning
of this area. Mayor McComb advised he would recess the hearing
and continue later in the meeting to give Mr. Barcelo adequate
time to study the various uses of a commercial district.
RECESSED AT 8:15 P.M.
NO. 2 - REQUEST FOR CHANGE IN LAND USE BY BERNICE E. WALLACE,
APPLICATION NO. 27. GB AND PU to M-1 (LIGHT INDUSTRIAL)
5 acres, more or less, out of and off the North line of
a certain 35.123 acres of land out of the W. Zychlinski
Subdivision of Section Two of the H.T. & B.R.R. Survey,
Abstract No. 542 and Section Three of the H.T. & B.R.R.
Survey, Abstract No. 232 in Brazoria County, Texas, said
35.123 acre tract being described by metes and bounds in
a certain deed from S. A. Morales and wife, Lena Costa
Morales, to and in favor of Barry Construction Co. in
Volume 490, Page 505. LT. 64A-1, 542 H.T. & B. and LTS
65 -A -70-A 232 H. T. & B.
PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: None
PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: None
QUESTIONS FROM THE CITY COUNCIL:
A discussion was held with Mrs. Wallace, owner of the property,regarding the
planned use if the zoning change was approved. Mrs. Wallace advised that the
prospective buyer of the property has backed out, however, she wanted the property
changed to the M-1 classification for sale purposes.
PUBLIC HEARING ADJOURNED: 8:25 P.M.
PUBLIC HEARING NO. 1 - RECONVENED 8:26 P.M.
Mayor McComb returned to Public Hearing No. 1 under Persons Wishing to Speak
Against the Requested Change in Zoning, and asked Mr. Barcelo whether or not
he wanted to go on record as opposing the change. Mr. Barcelo advised that in
view of the fact that he was not sure of the meaning of commercial as it related
to zoning he would oppose the requested change.
PUBLIC HEARING ADJOURNED AT 8:30 P.M.
MEETING RECESSED AT 8:30 P.M. - RECONVENED AT 8:40 P.M.
PUBLIC HEARING NO. 3 - RECONVENE PUBLIC HEARING ON STREET ASSESSMENTS
WILLITS DRIVE, CREEKRIDGE DRIVE, MCGINNIS DRIVE AND TAYLOR LANE.
Mayor McComb advised that before any action on Ordinance No. 327 and
Ordinance No. 328, closing the hearing and accepting the streets, he
wished to remind those present that the purpose of the Hearing was
to abide by State Law 1105b which spells out the steps the City must
take in assessing the landowner for paving and improvements. The
issue at hand is whether or not the City has abided by that Law and
whether or not you feel that your property has been enhanced by an
amount equal or greater than the assessment of $2.00 per front foot.
Mayor McComb asked if anyone in the audience wished to give testimony
regarding this subject and hearing none, he advised that the Hearing
was closed and the reading of the Ordinances would be under Item 5
and 6 of New Business.
191
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
REQUEST BY LARRY LOESSIN FOR APPROVAL OF BUILDING PERMIT ON LOT LESS THAN
ORIGINAL PLAT:
City Manager Wolff advised that the lot in question was at one time owned by Mr.
W. E. Parker and is part of a larger tract originally platted many years ago.
Mr. Wolff advised that there are only two lots remaining and Mr. Loessin asked
that he be issued a permit in compliance with city requirements that requires
the City Council to approve building permits where the lots have been reduced
from the original plat.
It was moved by Councilman Farley, seconded by Councilman Reid that the described
property, 140.9' x 105' tract known as Tract A-2 out of Tract "L" of the W.
Zychlinski Subdivision be released for building permit. Motion passed 4 to 0.
AWARDING OF CONTRACTS:
A report on the tabulation of bids opened earlier in the meeting indicated that
Olsen and Guerra and Conroe Creosoting Co. did not comply with the requirements
of the bid. These bids are incomplete. The recommendation/to award the bid to
Pearland Lumber Company for a total of $25,632.33. (Bridge Materials and
Hardware). The 11,000 cu. yds. of base material, the recommendation is to award
the bid to Chennault Material Co. for a total of $65,450.00; for the 5,000 cu.
yds. of fill material, the recommendation is to award the bid to Chennault
Material Co. for a total of $9,000.00 and for the 37,000 sq. yds. of hot mix
asphalt, the recommendation is to award this bid to Warren Brothers for
$60,410.00. All of the above are approximate quantities.
It was moved by Councilman Frank, seconded by Councilman Farley that the Bridge
Materials and Supplies be awarded to the Pearland Lumber Co. in the amount of
$25,632.33 as being the best and lowest bid; the the approximate 11,000 cu. yds.
of flexible base material be awarded to Chennault Materials for $5.95 a cu.yd.
and the approximate amount of 5,000 cu. yds. of fill material be awarded to
Chennault Materials at $1.80 a cu. yd. The approximate amount of 37,000 sq. yds.
of hot mix asphalt be awarded to Warren Brothers at $1.63 sq. yd. All of. the
awards contingent upon approval of the Certificates of Obligation. Motion
passed 4 to 0.
UNFINISHED BUSINESS:
182
APPLICATION NO. 25, CHANGE IN LAND USE - WOODROW LESIKAR, ET AL:
It was moved by Councilman Farley, seconded by Councilman Frank that upon the
recommendation of the Planning & Zoning Commission that Application No. 25 be
approved and the necessary ordinance be prepared for consideration by the City
Council. Motion passed 4 to 0.
APPLICATION NO. 27, CHANGE IN LAND USE - BERNICE E. WALLACE:
It was moved by Councilman Farley, seconded by Councilman Gray that upon the
recommendation of the Planning and Zoning Commission that Application No. 27 be
approved and the necessary ordinance be prepared for consideration by the City
Council. Motion passed 4 to 0.
ORDINANCE NO. 246-16, AMENDING THE LAND USE DISTRICT MAP - APPLICATION NO. 23
GABRIEL BAIZAN:
Ordinance No. 246-16 was read in full by Councilman Farley. (Second Reading)
It was moved by Councilman Farley, seconded by Councilman Gray that Ordinance No.
246-16 be passed and approved on second and final reading. Said Ordinance No.
246-16 reads in caption as follows:
ORDINANCE NO. 246-16
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE-
VELOPMENT 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.
A tract containing five (5) acres of land, more or less,
being the North 1/2 of the East ten (10) acres of Lot 30,
Section 4, H. T. & B. Survey, Abstract 543, Brazoria County, Texas.
Voting "Aye" - Councilman Farley, Councilman Reid, Councilman Gray, and
Councilman Frank.
Voting "No" - None
Motion passed 4 to 0.
ORDINANCE NO. 246-17, AMENDING THE LAND USE DISTRICT MAP - APPLICATION NO. 24,
GEORGE E. YOUNG, TRUSTEE:
Ordinance No. 246-17 was read in full by Councilman Gray. (Second reading)
It was moved by Councilman Gray, seconded by Councilman Frank that Ordinance
No. 246-17 be passed and approved on second and final reading. Said Ordinance
No. 246-17 reads in caption as follows:
ORDINANCE NO. 246-17
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.
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 protions of Lots 1,2,3,
4,5,6,7,8,9,10,11, & 12, of the Narregang Subdivision, a sub-
division of part of Lots 19, 20, & 21 of the aforementioned
Jenkins Subdivision, part of the W.D.C. Hall Survey, Abstract
Number 70, shown in map recorded in Volume 3, Page 53 of the
plat records of Brazoria County, Texas.
Discussion:
A motion was made, seconded and passed that Mr. George Young be recognized to
speak before the City Council.
Mr. Young advised the City Council that the reason he requested the change in
land use was so that he might go ahead and proceed with plans for commercial use,
and that he felt that the use of the property as commercial was the only logical
and maximum use for the property.
Mayor McComb called for a vote on the motion for passage of the ordinance.
Voting "Aye" - Councilman Reid, Councilman Frank, and Councilman Gray.
Voting "No" - Councilman Farley.
Motion passed 3 to 1.
ORDINANCE NO. 246-18, AMENDING THE LAND USE DISTRICT MAP - APPLICATION NO. 26
TOMMY HAMBY, ET UX:
..�. Ordinance No. 246-18 was read in full by Councilman Reid. (Second Reading)
It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No.
246-18 be passed and approved on second and final reading. Said Ordinance No.
246-18 reads in caption as follows:
ORDINANCE NO. 246-18
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.
Being 2 1/2 acres out of the East 1/2 of Lot or Tract 47,
Section 4, H.T. & B.R.R. Co. Survey, Abstract No. 543,
Brazoria County, Texas, and being more fully described by
metes and bounds.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, and
Councilman Farley.
Voting "No" - None
r-`
Motion passed 4 to 0.
AGREEMENT WITH FRANK BARRINGER - CORRIGAN NORTH SUBDIVISION:
The Council considered the agreement with the developer of Corrigan North Subdivision
regarding maintenance of sewer lines. The Council had previously agreed to release
the building permits on this subdivision as soon as an agreement satisfactory to all
involved was prepared and approved by the City Council.
184
It was moved by Councilman Frank, seconded by Councilman Gray that the Mayor
be authorized to execute the Agreement between Frank Barringer and the City of
Pearland regarding maintenance of sewer lines in Corrigan North Subdivision.
Motion passed 4 to 0.
AUDITOR - FISCAL YEAR ENDING SEPTEMBER 30, 1976:
City Manager Wolff recommended that the firm of Lairson, Young & Fitch be retained
as auditors for the City for the fiscal year ending September 30, 1976.
It was moved by Councilman Reid, seconded by Councilman Frank that the firm be
retained as auditors for the fiscal year ending September 30, 1976, for the
purpose of examining the financial statements of the City for a fee of $3,600.00,
plus out-of-pocket expenses. Motion passed 4 to 0.
ORDINANCE NO. 327 - CLOSING HEARING ON SPECIAL ASSESSMENTS AGAINST THE OWNERS OF
REAL PROPERTY ABUTTING WILLITS DRIVE, CREEKRIDGE DRIVE, MCGINNIS DRIVE AND TAYLOR
LANE:
Ordinance No. 327 was read in full by City Attorney Bobby Williams. (First Reading)
It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No.
327 be passed and approved on first reading. Said Ordinance No. 327 reads in
caption as follows:
ORDINANCE NO. 327
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS CLOSING THE
HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN
REAL PROPERTY ABUTTING CERTAIN PORTIONS OF WILLITS DRIVE,
CREEKRIDGE DRIVE, MCGINNIS DRIVE AND TAYLOR LANE WITHIN THE
CITY OF PEARLAND, TEXAS; FINDING AND DETERMINING THE SPECIAL
BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENHANCE-
MENT 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
SAID ABUTTING PROPERTIES AND DECLARING AN EFFECTIVE DATE.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, and
Councilman Farley.
Voting "No" - None
Motion passed 4 to 0.
ORDINANCE NO. 328 - ACCEPTING STREET IMPROVEMENTS ON WILLITS DRIVE, CREEKRIDGE
DRIVE, MCGINNIS DRIVE AND TAYLOR LANE:
Ordinance No. 328 was read in full by Councilman Frank. (First Reading)
It was moved by Councilman Frank, seconded by Councilman Gray that Ordinance
No. 328 be passed and approved on first reading. Said Ordinance No. 328 reads
in caption as follows:
ORDINANCE NO. 328
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS,ACCEPTING STREET
IMPROVEMENTS ON WILLITS DRIVE, CREEKRIDGE DRIVE, MCGINNIS
DRIVE AND TAYLOR LANE.
•
Voting "Aye" - Councilman Farley, Councilman Reid, Councilman Gray and
Councilman Frank.
Voting "No" - None
Motion passed 4 to 0.
MEETING RECESSED 10:00 P.M. - RECONVENED 10:05 P.M.
RECESS OF MEETING:
Mayor McComb recessed the meeting until 5:30 P. M., Friday, July 16, 1976 and at
that time the meeting will be reconvened for the purpose of considering Ordinance
No. 332, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $240,000 CITY OF PEARLAND, TEXAS,
CERTIFICATES OF OBLIGATION AND ORDINANCE NO. 333, AN ORDINANCE AUTHORIZING THE
ISSUANCE OF $195,000 CERTIFICATES OF OBLIGATION.
MEETING RECESSED AT 10:10 P.M.
MEETING RECONVENED AT 5:30 P.M., FRIDAY, JULY 16, 1976:
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 12th day of July, 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
Benny J. Frank Councilman
Dorothy L. Cook City Secretary
Dorothy S. Thompson Assistant City Secretary
and all of said persons were present, except the following absentees: Cecil W.
Griffin, thus constituting a quorum. After certain business was transacted the
Mayor announced publicly that said meeting was recessed and would be reconvened
on the 16th day of July, 1976, at 5:30 P.M. at the same place. The meeting was
duly reconvened at such time and place, and all of the persons listed above were
present, except the following absentees: Councilmen Farley and Griffin, and
City Secretary Dorothy L. Cook, thus constituting a quorum. Whereupon, among
other business, the following was transacted at said meeting: a written ordinance
entitled:
ORDINANCE NO. 332
ORDINANCE AUTHORIZING ISSUANCE OF
$240,000 CITY OF PEARLAND, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1976; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT
r (the "Ordinance") was duly introduced for the consideration of the City Council
and reviewed in full. It was then duly moved and seconded that the Ordinance be
passed; and, after due discussion, the motion, carrying with it the passage of
the Ordinance, prevailed and carried by the following vote:
AYES: All members of the City Council shown present above voted
..Aye...
NOES: None.
The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted
on first reading. The Ordinance thus adopted follows:
186
ORDINANCE NO. 332
ORDINANCE AUTHORIZING ISSUANCE OF $240,000 CITY
OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION,
SERIES 1976; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"),
authorized the publication of a notice of intention to issue certificates of
Obligation to the effect that the City Council will meet in the City Hall of the
City on July 12, 1976, to adopt a resolution authorizing the issuance of certifi-
cates of obligation, payable from City ad valorem taxes, for the purpose of evi-
dencing the indebtedness of the City for all or any part of the cost of the pur-
chase of land, rights-of-way for the roads, bridges and streets of the City, and
the cost of professional services incurred in connection therewith; and
WHEREAS, such notice was published at the times and in the manner required
by the Constitutions and laws of the State of Texas and of the United States of
America, respectively, particularly Article 2368a.1, Vernon's Texas Civil Statutes,
as amended;
THAT:
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND
Section 1. The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct.
Section 2. The City's negotiable certificates of obligation, to be
designated CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976
(hereinafter called the "Certificates"), are hereby authorized to be issued and
delivered in the principal amount of $240,000 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 connection therewith.
Section 3. The Certificates shall be dated July 1, 1976, shall be
numbered consecutively from 1 through 48, shall be in the denomination of $5,000
each and shall mature serially on August 1 of each of the years, and in the amounts,
respectively, set forth in the following schedule:
YEAR
AMOUNT
1978
$30,000
1979
20,000
1980
25,000
1981
25,000
1982
30,000
1983
25,000
1984
30,000
1985
30,000
1986
25,000
Section 4. The Certificates shall bear interest from their date to
maturity or redemption at the rate of 6.25% per annum, evidenced by interest
coupons which shall appertain to the Certificates and which shall be payable on
the dates indicated in the FORM OF CERTIFICATE set forth in this ordinance.
Section 5. The Certificates, and the interest coupons appertaining there-
to, shall be payable, shall have the characteristics, and shall be signed and
executed (and the Certificates shall be sealed), all as provided and in the manner
indicated in the FORM OF CERTIFICATE set forth in this ordinance.
Section 6. The form of the Certificates, including the form of regis-
tration certificate of the Comptroller of Public Accounts of the State of Texas
to be printed and endorsed on each of the Certificates, and the form of the afore-
said interest coupons which shall appertain and be attached initially to each of
the Certificates, shall be, respectively, substantially as follows:
NO.
FORM OF CERTIFICATE:
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND, TEXAS
CERTIFICATE OF OBLIGATION
SERIES 1976
$5,000
ON AUGUST 1, 19 , the CITY OF PEARLAND (the "City"), in the Counties of
Brazoria and Harris, in the State of Texas, promises to pay to bearer the principal
amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date
hereof, at the rate of 6.25% per annum, evidenced by interest coupons payable
August 1, 1977, and annually thereafter on each August 1 while this Certificate is
outstanding. The principal of this Certificate and the interest coupons appertain-
ing hereto shall be payable to bearer, in lawful money of the Unite States of
America, without exchange or collection charges to the bearer, upon presentation and
surrender of this Certificate or proper interest coupon at the PEARLAND STATE BANK,
....
Pearland, Texas, which shall be the paying agent for this series of Certificates.
THIS CERTIFICATE is one of a series of negotiable, coupon certificates,
dated July 1, 1976, numbered consecutively from 1 through 48, in the denomination
Of $5,000 each, aggregating $240,000, issued in accordance with the Constitution
and laws of the State of Texas, particularly Article 2368a.1, Vernon's Texas Civil
Statutes, as amended, for the purpose of evidencing the indebtedness of the City
for all or any part of the cost of the purchase of land, rights-of-way for the
roads, bridges and streets of the City, and the cost of professional services in-
curred in connection therewith, and pursuant to an ordinance adopted by the City
Council of the City on the 12th day of July, 1976.
IT IS HEREBY certified, recited, and covenanted that this Certificate
has been duly and validly authorized, issued, and delivered; that all acts, condi-
tions, and things required or proper to be performed, exist, and be done precedent
to or in the issuance and delivery of this Certificate, have been per.formed,existed,
and'been done in accordance with law; that this Certificate is a general obligation
of the City, issued on the full faith and credit thereof; that annual ad valorem
taxes sufficient to provide for the payment of the interest on and principal of
this Certificate, as such interest comes due and such principal matures, have been
levied and ordered to be levied against all taxable property in the City and have
been pledged irrevocably for such payment within the limits prescribed by law; that
this Certificate shall be a debt of the City within the meaning of Article XI,
Sections 5 and 7 of the Constitution of Texas; and that, when delivered, this
Certificate shall be deemed and construed (i) to be a "Security" within the meaning
of Chapter 8, Investment Securities, Uniform Commercial Code (Chapter 785, Acts of
the 60th Legislature, Regular Session, 1967), and (ii) to be a general obligation
of the City within the meaning of Chapter 784, Acts of the 61st Legislature of
Texas, Regular Session, 1969.
"31:
IN WITNESS WHEREOF, this Certificate of Obligation and the interest
coupons appertaining hereto have been signed with the facsimile signature of the
Mayor and countersigned with the facsimile signature of the City Secretary of the
City, respectively, and the official seal of the City has been duly impressed, or
placed in facsimile, on this Certificate.
COUNTERSIGNED:
xxxxxxxxxxxxxxxx
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
xxxxxxxxxxxxxxxx
Mayor
CITY OF PEARLAND, TEXAS
FORM OF REGISTRATION CERTIFICATE:
COMPTROLLER'S REGISTRATION CERTIFICATES § REGISTER NO.
I hereby certify that this Certificate of Obligation has been examined,
certified as to validity, and approved by the Attorney General of the State of
Texas, and that this Certificate of Obligation has been registered by the Comptroller
Of Public Accounts of the State of Texas.
WITNESS my signature and seal this
xxxxxxxxxxxxxxxxx
(SEAL) Comptroller of Public Accounts of the
State of Texas
FORM OF INTEREST COUPON:
NO. $
ON AUGUST 1, 19 ,
the CITY OF PEARLAND, in the Counties of Brazoria and Harris, State of Texas,
promises to pay to bearer the amount shown on this interest coupon, in lawful
money of the United States of America, without exchange or collection charges to
the bearer, upon presentation and surrender of this interest coupon, at the
PEARLAND STATE BANK, Pearland, Texas, said amount being interest due that day on the
Certificates of Obligation bearing the number hereinafter designated of that issue
Of CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976, dated July 1,
1976. Certificate No.
xxxxxxxxxxxxxxxxxxxxxx
City Secretary
xxxxxxxxxxxxxxxx
Mayor
Section 7. A special fund or account, to be designated the "City of
Pearland, Texas, Certificates of Obligation, Series 1976, Interest and Sinking Fund"
(hereinafter called the "Interest and Sinking Fund", is hereby created and shall be
established and maintained by the City at an official depository bank of the City.
The Interest and Sinking Fund shall be kept separate and apart from all other funds
and accounts of the City and shall be used only for paying the interest on and
principal of the Certificates. All ad valorem taxes levied and collected for and
on account of the Certificates shall be deposited, as collected, to the credit of
the Interest and Sinking Fund. During each year while any of the Certificates or
interest coupons appertaining thereto are outstanding and unpaid, the City Council
Of the City shall compute and ascertain a rate and amount of ad valorem tax which
will be sufficient to raise and produce the money required to pay the interest on
the Certificates as such interest comes due and to provide and maintain a sinking
fund adequate to pay the principal of the Certificates as such principal matures
but never less than 2% of the original principal amount of the Certificates as a
sinking fund each year; and said tax shall be based on the latest approved tax
rolls of the City, with full allowance being made for tax delinquencies and the
cost of tax collection. Said rate and amount of ad valorem tax are hereby levied,
and are hereby ordered to be levied, against all taxable property in the City for
each year while any of the Certificates or interest coupons appertaining thereto
are outstanding and unpaid; and said tax shall be assessed and collected each such
year and deposited to the credit of the Interest and Sinking Fund. Said ad valorem
taxes sufficient to provide for the payment of the interest on and principal of the
Certificates, as such interest comes due and such principal matures, are hereby
pledged irrevocably for such payment within the limits prescribed by law.
Section 8. Immediately following delivery of the Certificates to the
purchaser thereof, the accrued interest and premium, if any, shall be deposited
in the Interest and Sinking Fund.
Section 9. The City certifies that based upon all facts, estimates and
circumstances now known or reasonably expected to be in existence on the date the
Certificates are delivered and paid for, the City reasonably expects that the
proceeds of the Certificates will not be used in a manner that would cause the
Certificates or any portion of the Certificates to be an "arbitrage certificate"
under Section 103 (d) (2) of the Internal Revenue Code of 1954, as amended, and
the temporary and proposed regulations heretofore prescribed thereunder, including,
without limitation, Sections 1.103-13 and 1.103-14 of the proposed regulations
published in the Federal Register on May 13, 1973. Furthermore, all officers,
employees and agents of the City are authorized and directed to provide cer-
tifications of facts, estimates and circumstances which are material to the reason-
able expectations of the City as of the date the Certificates are delivered and
paid for, and any such certifications may be relied upon by counsel, by the owners
or holders of the Certificates, or by any person interested in the exemption of
interest on the Certificates from Federal income taxation. Moreover, the City
covenants that it shall make such use of the proceeds of the Certificates, regulate
investments of proceeds of the Certificates, and take such other and further action
as may be required so that the Certificates shall not be "arbitrage certificates"
under Section 103(d) of the Internal Revenue Code of 1954, as amended, and
regulations prescribed from time to time thereunder.
Section 10. The Mayor of the City is hereby authorized to have control
of the Certificates and all necessary records and proceedings pertaining to the
Certificates pending their delivery and their investigation, examination, and
approval by the Attorney General of the State of Texas and their registration
by the Comptroller of Public Accounts of the State of Texas. Upon registration of
the Certificates, the Comptroller of Public Accounts (or a deputy designated in
writing to act for the Comptroller) shall manuallysign the Comptroller's Regis-
tration Certificate prescribed herein to be printed and endorsed on each Certifi-
cate; and the seal of the Comptroller shall be impressed, or placed in facsimile,
on each of the Certificates.
Section 11. The Certificates are hereby sold and shall be delivered to
UNDERWOOD, NEUHAUS & CO., INCORPORATED, Houston, Texas, for the par value thereof
and accrued interest thereon to date of delivery, subject to the unqualified
approving opinions, as to the legality of the Certificates, of the Attorney General
of the State of Texas and of Vinson, Elkins, Searls, Connally & Smith, Houston,
Texas, market attorneys.
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Section 12. The approving opinion of Vinson, Elkins, Searls, Connally
& Smith, Houston, Texas, may be printed on the back of each of the Certificates,
but errors or omissions in such opinion shall have no effect on the validity of
the Certificates.
Section 13. The Mayor and all other appropriate officers of the City
are hereby authorized and directed to do any and all things necessary or convenient
to carry out the provisions of this ordinance.
Section 14. This ordinance shall take effect immediately upon its
passage on second reading.
Section 15. It is hereby officially found and determined that the need
of the City for such financing creates an emergency and an urgent public necessity
for the holding, at the scheduled time, of the meeting of the City Council at which
this ordinance is adopted and for the adoption of this ordinance; and the NOTICE OF
MEETING relating to said meeting and heretofore posted by the City Secretary, and
the posting thereof, is hereby authorized, approved, adopted, ratified, and confirmed.
PASSED AND APPROVED this 16th day of July, 1976.
ATTEST:
Mayor
CITY OF PEARLAND, TEXAS
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
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 12th day of July, 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
Benny J. Frank Councilman
Dorothy L. Cook City Secretary
Dorothy S. Thompson Assistant City Secretary
and all of said persons were present, except the following absentees: Cecil W.
Griffin, thus constituting a quorum. After certain business was transacted the
Mayor announced publicly that said meeting was recessed and would be reconvened on
the 16th day of July, 1976, at 5:30 P.M. at the same place. The meeting was duly
reconvened at such time and place, and all of the persons listed above were present,
except the following absentees: Councilmen Farley and Griffin, and City Secretary
Dorothy L. Cook, thus constituting a quorum. Whereupon, among other business, the
following was transacted at said meeting: a written ordinance entitled:
ORDINANCE NO. 333
ORDINANCE AUTHORIZING ISSUANCE OF $195,000 CITY
OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION,
SERIES 1976-A; RATIFYING CONTRACT OR CONTRACTS; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
(the "Ordinance") was duly introduced for the consideration of the City Council and
reviewed in full. It was then duly moved and seconded that the Ordinance be passed;
and, after due discussion, the motion, carrying with it the passage of the Ordinance,
prevailed and carried by the following vote:
AYES: All members of the City Council shown present above voted "Aye".
NOES: None.
The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted
on first reading. The Ordinance thus adopted follows:
Ell
ORDINANCE NO. 333
ORDINANCE AUTHORIZING ISSUANCE OF $195,000 CITY
OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION,
SERIES 1976-A; RATIFYING CONTRACT OR CONTRACTS; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"),
authorized the publication of a notice to bidders to the effect that competitive
bids would be received by the City Council on July 12, 1976, for furnishing mater-
ials 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 that the City intends to issue certificates
of obligation for the purchase, or purchases, of such materials and supplies; and
WHEREAS, such notice was published at the times and in the manner required
by the Constitutions and laws of the State of Texas and of the United States of
America, respectively, particularly Article 2368a.1, Vernon's Texas Civil Statutes,
as amended; and
WHEREAS, on the date specified in said notice the City Council caused the
bids received to be opened and tabulated and the following have been determined to
be the lowest and best bids:
Bidder Amount of Bid
CHENNAULT MATERIALS, INC., Houston (base material and fill) $74,450.00
WARREN BROTHERS, CO., Houston (hot -mix asphalt surfac.mat.) 60,310.00
PEARLAND LUMBER CO., Pearland (bridge construc. mat. & sup.) 25,632.33
and the City Council has heretofore, by resolution, determined to accept such bids
and has entered into contracts for such materials and supplies; and
WHEREAS, it is hereby found and determined that such bids in every
respect meet the specifications mentioned in the notice to bidders; and
WHEREAS, the said bidders elected at the time of the receipt by the
City Council of such bids to assign such certificates without discount to
UNDERWOOD, NEUHAUS & CO., INCORPORATED, Houston, Texas, with whom the City Council
has made provision for such assignment; and
WHEREAS, it is hereby found and determined that the City Council is
authorized to proceed with the issuance of said certificates of obligation in
accordance with the terms and provisions of this ordinance;
THAT:
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND
Section 1. The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct.
Section 2. The City Council hereby approves, ratifies, and confirms in
all respects the contracts mentioned in the preamble of this ordinance.
Section 3. The City's negotiable certificates of obligation, to be
designated CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A
(hereinafter called the "Certificates"), are hereby authorized to be issued and
delivered in the principal amount of $195,000 for the purpose of evidencing the
indebtedness of the City for all or any part of the cost of purchasing 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
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construction materials and supplies, including the cost of professional services in
connection therewith, in strict conformity with the Constitution and laws of the
State of Texas, particularly Article 2368a.1, Vernon's Texas Civil Statutes, as
amended.
Section 4. The Certificates shall be dated July 1, 1976, shall be numbered
consecutively from 1 through 195, shall be in the denomination of $1,000 each and
shall mature serially on August 1 of each of the years, and in the amounts, respec-
tively, set forth in the following schedule:
YEAR
AMOUNT
1986
$ 51000
35,000
1987
35,000
1988
40,000
1989
40,000
1990
1991
40,000
Section 5. The Certificates shall bear interest from the date of initial
delivery shown on the face of each Certificate at the rate of 6.25% per annum,
interest payable on the dates indicated in the FORM OF CERTIFICATE set forth in this
ordinance.
Section 6. The Certificates shall be registrable both as to principal and
interest, shall be payable, and shall have the characteristics, and shall be signed
and executed (and the Certificates shall be sealed), all as provided and in the man-
ner indicated in the FORM OF CERTIFICATE set forth in this ordinance.
Section 7. The form of Certificates, including the form of the Certificate
of Registration, shall be, respectively, substantially as follows:
NO.
FORM OF CERTIFICATE:
$1,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND, TEXAS
CERTIFjjaj R Q72BIGATION
ON AUGUST 1, 19 , the CITY OF PEARLAND (hereinafter called the "City"),
in the Counties of Brazoria and Harris, in the State of Texas, promises to pay to
bearer or, if this Certificate is registered, to the registered owner hereof, the
principal amount of ONE THOUSAND DOLLARS and to pay interest thereon, FROM
THE DATE OF INITIAL DELIVERY SHOWN ON THE FACE HEREOF, to bearer or, if this
Certificate is registered, to the registered owner hereof, at the rate of 6.25%
per annum, interest payable August 1, 1977, and annually thereafter on each August
1 while this Certificate is outstanding. Both the principal of and interest on
this Certificate shall be payable, without exchange or collection charges to the
owners or holders, upon presentation and, in the case of the principal when due,
surrender of this Certificate at the PEARLAND STATE BANK, Pearland, Texas, which
shall be the paying agent for this series of Certificates.
THIS CERTIFICATE is one of a series of negotiable, registrable Certificates
of Obligation, dated July 1, 1976, numbered from 1 through 195, in the denomination
Of $1,000 each, aggregating $195,000, issued in accordance with the Constitution
and laws of the State of Texas, particularly Article 2368a.1, Vernon's Texas Civil
Statutes, as amended, for the purpose of evidencing the indebtedness of the City
for all or any part of the cost of purchasing 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
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supplies, including the cost of professional services in connection therewith, and
pursuant to an ordinance adopted by the City Council of the City on the 12th day of
July, 1976.
IT IS HEREBY certified, recited, and covenanted that this Certificate has
been duly and validly authorized, issued, and delivered; that all acts, conditions,
and things required or proper to be performed, exist, and be done precendent to or
in the issuance and delivery of this Certificate, have been performed, existed, and
been done in accordance with law; that this Certificate is a general obligation of
the City, issued on the full faith and credit thereof; that annual ad valorem taxes
sufficient to provide for the payment of the interest on and principal of this
Certificate, as such interest comes due and such principal matures, have been levied
and ordered to be levied against all taxable property in the City and have been
pledged irrevocably for such payment within the limits prescribed by law; that this
Certificate shall be a debt of the City within the meaning of Article XI, Sections
5 and 7 of the Constitution of Texas; and that, when delivered, this Certificate
shall be deemed and construed (i) to be a "Security" within the meaning of Chapter
8, Investment Securities, Uniform Commercial Code (Chapter 785, Acts of the 60th
Legislature, Regular Session, 1967), and (ii) to be a general obligation of the
City within the meaning of Chapter 784, Acts of the 61st Legislature of Texas,
Regular Session, 1969.
THIS CERTIFICATE shall be transferable by delivery unless registered as
to principal in the owner's name upon books of the City to be kept for that
purpose at the office of the City Secretary of the City, the registrar, such
registration to be noted hereon. After such registration, no transfer of this
Certificate shall be valid unless made on said books at the request of the
registered owner hereof, or his duly authorized agent, and similarly noted hereon;
but this Certificate may be discharged from registration by being in like manner
transferred to bearer, whereupon transferability by delivery shall be restored;
and this Certificate may again and from time to time be registered or made payable
to bearer as before.
IN WITNESS WHEREOF, this Certificate of Obligation has been signed by
the Mayor of the City and countersigned by the City Secretary of the City, and
the official seal of the City has been duly impressed, or placed in facsimile,
on this Certificate.
DATE OF INITIAL DELIVERY OF THIS CERTIFICATE:
COUNTERSIGNED:
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City Secretary
CITY OF PEARLAND, TEXAS
xxxxxxxxxxxxxxx
Mayor
CITY OF PEARLAND, TEXAS
(SEAL)
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CERTIFICATE OF REGISTRATION:
IT IS HEREBY CERTIFIED that, at the request of the holder of the within
Certificate, I have this day registered it as to principal in the name of such
holder as indicated in the registration blank below, on the books kept by me for
such purpose. The principal of and interest on this Certificate shall be payable
only to the registered holder named in the below registration blanks. If the last
transfer recorded on the books of the Registrar and in the below registration blank
shall be to bearer, the principal and interest of this Certificate shall be payable
to bearer, and such Certificate shall be in all respects negotiable.
UWA
Signature of
Name of Registered Holder Date of Registration City Secretary (Registrar)
Section 8. A special fund or account, to be designated the "City of
Pearland, Texas, Certificates of Obligation, Series 1976-A, Interest and Sinking
Fund" (hereinafter called the "Interest and Sinking Fund"), is hereby created and
shall be established and maintained by the City at an official depository blank of
the City. The Interest and Sinking Fund shall be kept separate and apart from
all other funds and accounts of the City and shall be used only for paying the
interest on and principal of the Certificates. All ad valorem taxes levied and
collected for and on account of the Certificates shall be deposited, as collected,
to the credit of the Interest and Sinking Fund. During each year while any of the
Certificates are outstanding and unpaid, the City Council of the City shall compute
and ascertain a rate and amount of ad valorem tax which will be sufficient to raise
and produce the money required to pay the interest on the Certificates as such
interest comes due and to provide and maintain a sinking fund adequate to pay the
principal of the Certificates as such principal matures but never less than 2% of
the original principal amount of the Certificates as a sinking fund each year; and
said tax shall be based on the latest approved tax rolls of the City, with full
allowance being made for tax delinquencies and the cost of tax collection. Said
rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be
levied, against all taxable property in the City for each year while any of the
Certificates are outstanding and unpaid; and said tax shall be assessed and
collected each such year and deposited to the credit of the Interest and Sinking
Fund. Said ad valorem taxes sufficient to provide for the payment of the interest
on and principal of the Certificates, as such interest comes due and such principal
matures, are hereby pledged irrevocably for such payment within the limits pre-
scribed by law.
Section 9. Claims incurred for the purposes set forth in Section 3
hereof may be funded and exchanged for a like total principal amount of
Certificates, and any amount in excess of the principal amount of Certificates
delivered at any one time may be paid in cash or carried forward to a subsequent
exchange, or exchanges, of claims for Certificates. However, none of the
Certificates authorized by this ordinance shall be delivered except pursuant to a
further ordinance, or ordinances, to be adopted by this City Council.
Section 10. The Mayor and all other appropriate officers of the City
are hereby authorized and directed to do any and all things necessary or convenient
to carry out the provisions of this ordinance.
Section 11. This ordinance shall take effect immediately upon its
passage on second reading.
Section 12. It is hereby officially found and determined that the
need of the City for such financing creates an emergency and an urgent public
necessity for the holding, at the scheduled time, of the meeting of the City
Council at which this ordinance is adopted and for the adoption of this ordinance;
and the NOTICE OF MEETING relating to said meeting and heretofore posted by the
City Secretary, and the posting thereof, are hereby authorized, approved, adopted
and ratified.
PASSED AND APPROVED this 16th day of July, 1976.
ATTEST:
Mayor
City Secretary CITY OF PEARLAND, TEXAS
CITY OF PEARLAND, TEXAS
MEETING ADJOURNED AT 6:05 P.M.
Minutes approved as submitted and/or corrected this Z day of
A. D. 1976.
Mayor
ATTEST:
City Secretary