1975-05-27 CITY COUNCIL REGULAR MEETING MINUTES0
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON MAY 27, 1975 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:
Mayo r
Councilman
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
Fiscal Agent
INVOCATION AND PLEDGE OF ALLEGIANCE
Carlton McComb
Harry Farley
Cecil Griffin
Gene E. Sanders
Tom Reid
B. J. Frank
William E. Wolff
B. J. Williams
Dorothy L. Cook
Tom Masterson
The invocation was given by Councilman Harry Farley. The Pledge of Allegiance was
led by Councilman Tom Reid.
BIDS FOR PURCHASE OF $650,000 CITY OF PEARLAND GENERAL OBLIGATION BONDS, SERIES 1975:
Bids received, opened and read aloud -as follows:
ROWLES, WINSTON & COMPANY - Bonds maturing 1978 through 1983 @ 6.00%
Bonds maturing 1984 through 1989 @ 6.10%
Bonds maturing 1990 @ 6.20%
Bonds maturing 1991 @ 6.30%
Bonds maturing 1992 @ 6.40%
Bonds .maturing 1993 @ 6.50%
Calculation (which is not a part of this bid) of the interest cost from the above
is:
Total Interest Cost from 6-1-75 $483,571.65
Less Cash Premium - 0
Net Interest Cost 483,571.65
Effective Interest Rate 6.224909%
Cashier's Check issued by American National Bank, Austin, Texas in the amount of
$13,000.00 as Good Faith Deposit.
ROWLS, WINSTON DIVISION, COWEN & COMPNAY
Rotan Mosle, Inc.
W. Roy Tucker, Jr.
UNDERWOOD, NEUHAUS & COMPANY, INC.
AND PEARLAND STATE BANK Bonds maturing 1978 through 1987 @ 5.90%
Bonds maturing 1988 through 1989 @ 6.00%
Bonds maturing 1990 @ 6.10%
Bonds maturing 1991 @ 6.25%
Bonds maturing 1992 @ 6.40%
Bonds maturing 1993 @ 6.50%
Calculation (which is not a part of this bid) of interest cost from the above
is:
Total Interest'Cost from 6-1-75 $476,858.34
Less Cash Premium - 0 -
Net Interest Cost 476,858.34
Effective Interest Rate 6,138490%
Cashier's Check issued by City National Bank, Austin, Texas in the amount of
$13,000.00 as Good Faith Deposit.
UNDERWOOD, NEUHAUS & COMPANY, INC. and
PEARLAND STATE BANK
Kenneth Schwenke, Vice,.President
260
It was moved by Councilman Sanders, seconded by Councilman Griffin that the above
bids be received into the minutes of this meeting. Motion passed 5 to 0.
ORDINANCE NO. 307 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF $650,000 CITY OF
nlnnl n'Lln of \11"n nl nnl TnnTTnhl n/AKIn[` Crn T rC In7C.
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
The City Council of the City of Pearland, Texas, convened in regular meeting,
open to the public, on the 27th day of May, 1975, 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
Cecil W. Griffin
Harry Farley
Gene E. Sanders
Tom Reid
Benny J. Frank
Dorothy L. Cook
Mayor
Councilman and
Councilman
Councilman
Councilman
Councilman
City Secretary
Mayor Pro Tem
and all of said persons were present, except the following absentees: none ,
thus constituting a quorum. Whereupon, among other business, the following was
transacted at said meeting: a written ordinance entitled:
ORDINANCE AUTHORIZING ISSUANCE OF
$650,000 GENERAL OBLIGATION BONDS, SERIES 1975
(the "Ordinance") was duly introduced for the consideration of the City Council and
was.read and considered by the City Council, the Ordinance being the same ordinance
which was heretofore read, considered and adopted by the City Council at its regular
meeting on May 12, 1975. 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. The Ordinance thus adopted follows:
ORDINANCE AUTHORIZING ISSUANCE OF
$650,000 GENERAL OBLIGATION BONDS, SERIES 1975
THE STATE OF TEXAS
COUNTIES�OF BRAZORIA AND HARRIS
CITY OF PEARLAND
WHEREAS, the bonds hereinafter authorized were duly and favorably voted at
elections held in the City on the 15th day of February, 1975, and the 5th day of
April, 1975, respectively; and
WHEREAS, the City Council now deems it advisable to issue, sell, and deliver
said bonds;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT:
Section 1. The City's negotiable, serial, coupon bonds to be designated
CITY OF PEARLAND, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1975 (hereinafter
called the "Bonds"), are hereby authorized to be issued and delivered in the
principal amount of $650,000 for the purpose of providing $150,000 FOR THE
PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS AND EXTENSIONS TO THE.CITY'S .
SANITARY SEWER SYSTEM; $200.000 FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS
AND EXTENSIONS TO THE CITY'S WATER WORKS SYSTEM; $100,000 FOR THE PURPOSE OF CON-
STRUCTING -PERMANENT SOLID WASTE DISPOSAL FACILITIES, INCLUDING THE ACQUISITION OF THE
NECESSARY SITES THEREFORE; and $200,000 FOR THE PURPOSE OF ACQUIRING LAND FOR PARK
PURPOSES.
Section 2. The Bonds shall be dated June 1, 1975, shall be numbered.consecutively
from 1 through 130, shall be in the denomination of $5,000 each, and shall mature
serially on February l of each of the years, and in the amounts, respectively, as set
forth in the following schedule:
261
YEAR
AMOUNT
YEAR
AMOUNT -
1978
x$10.,000
1986
$45,000
1979
20,000
1987
45,000
1980
25,000
1988
50,000
1981
25,000
1989
50,000
1982.
30,000
1990
55,000
1983
35,000
1991
60,000
1984
35,000
1992
65,000
1.985
35,000
1993
65,000
The Bonds may be redeemed prior to their scheduled maturities, at the option of the
City, on the dates stated and in the manner-provi.ded.in the: FORM OF BOND set forth in
this ordinance.
Section 3. The Bonds shall bear interest at a rate or rates per annum which
shall not exceed the maximum permitted by article 717.k-2, V.T.C.S.., as amended; such
interest rates shall be those proposed in the bid,for the purchase of the Bonds
which results in the lowest net intertest cost to the City and such interest shall be
evidenced by interest coupons which shall appertain to the Bonds and which shall be
payable on the dates indicated in the FORM OF BOND set forth in this ordinance.
Section 4. The Bonds, and the interest coupons appertaining thereto, shall be
payable, shall have the characteristics, and shall be signed and executed (.and the
Bonds shall be sealed), all as provided and in the manner indicated 'in the FORM OF
BOND set forth in this ordinance.
Section 5. The form of the Bonds, including the form of registration certificate
of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed
on each of the Bonds, and the form of the aforesaid interest coupons which shall
appertain and be attached initially to each of the Bonds, shall be, respectively,
substantially as follows:
FORM OF BOND:
r— NO. $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND, TEXAS
GENERAL OBLIGATION BOND
SERIES 1975
ON FEBRUARY 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 % per
annum, evidenced by interest.coupons payable February 1, 1976, and semiannually
thereafter on each August 1 and February l while this Bond is outstanding. The
principal of this Bond and the interest coupons appertaining hereto shall be payable
to bearer, in lawful money of the United States of America, without exchange or
collection charges to the bearer,.upon presentation and surrender of this Bond or
proper interest.coupon'at the PEARLAND STATE.BANK, Fearland, Texas, or, at the
option of the -holder, at ;
which _banks shall be the paying agents for this series of
Bonds.
THIS BOND. is one of a series of negotiable, serial,�coupon bonds, dated June 1,
r-- 1975, numbered consecutively from l through ,130, in the 'denomination of $5,000 each,
issued in the principal amount of $650;000 for the purpose ofproviding$150;000 FOR
THE PURPOSE OF,CONSTRUCTING PERMANENT IMPROVEMENTS AND EXTENSIONS TO THE CITY'S
SANITARY SEWER'SYSTEM; $200,000 FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS
AND EXTENSIONS TO THE CITY'S WATERWORKS SYSTEM; $1009,000 FOR THE PURPOSE OF CONSTRUCTING
PERMANENT SOLID WASTE DISPOSAL FACILITIES, INCLUDING THE ACQUISITION OF THE NECESSARY
SITES THEREFORE; and $200,000 FOR THE PURPOSE OF ACQUIRING LAND;FOR-PARK PURPOSES, in
accordance with Chapters l and 7 of Title 22, Revised Civil Statutes of Texas, as
amended, and pursuant to elections held within the City on February 15, 1975 and
April 5, 1975, respectively.
ON FEBRUARY,], 1988,.OR ON ANY`INTEREST.PAYMENT DATE THEREAFTER,, the -out-
sta.nding.Bonds of this series may be: redeemed prior to their.scheduled,,-maturities at
the option of the City, IN WHOLE, OR IN PART IN INVERSE NUMERICAL ORDER,1for the
262
principal amount thereof and accrued interest thereon to the date .fixed for any
such redemption. At.least thirty -days prior to the date fixed for any such redemption,
the City shall cause a written notice of such redemption to be mailed to the banks
at which the Bonds are payable and published at least once in a financial publication
published in the City of New York, New York. By the date fixed for any such redemption,
due provision shall be made with the paying agents for the payment of the required
redemption price. If such written notice of redemption is published and if due
provision for such payment is made, all as provided above, the Bonds which are to be so
redeemed thereby automatically shall be redeemed prior to their scheduled maturities;
and they shall not be regarded as being outstanding except for the purpose of being
paid by the paying agents with the funds so provided for such payment.
IT IS HEREBY certified, recited, and covenanted that this Bond has been duly
and validly voted, authorized, issued, and delivered; that all acts., conditions,,__
and things required or proper to be performed, exist, and be done precedent to or in
the issuance and delivery of this Bond have been performed, existed, and been done in
accordance with law that this Bond'is a general obligation of the City, issued on the
full faith and credit thereof; and. that annual ad valorem taxes sufficient to provide
for the payment of the interest on and principal of this Bond, 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.
IT WITNESS WHEREOF, this Bond 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 Bond.
COUNTERSIGNED.:
Mayor
CITY OF PEARLAND, TEXAS
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
FORM OF REGISTRATION CERTIFICATE:
COMPTROLLER'S REGISTRATION CERTIFICATE REGISTER NO.
I hereby certify that this Bond has been examined, certified as to validity, and
approved by the Attorney General of the State of Texas, and that this Bond has been
registered,by the Comptroller of Public Accounts of the State of Texas.
WITNESS my signature and seal this
(SEAL)
Comptroller of Public Accounts of the
State of Texas
FORM OF INTEREST COUPON:
ON 1, 1951
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 c6llection charges to the bearer,
unless due provision has been made for the redemption prior to maturity of the Bond
to which this coupon appertains, upon presentation and surrender of this interest
coupon, at the PEARLAND STATE BANK, Pearland, Texas, or, at the option of the holder,
at said
amount being interest due that day on.the Bond bearing the number hereinafter designat,.
ed of that issue of CITY OF PEARLAND, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1975, �--
dated June 1, 1975. Bond No.
XXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX
City Secretary Mayor
Section 6. A special fund or account, to be designated the "City of Pearland, Texas,
General Obligation Bonds, Series 1975, 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
263
Bonds. All ad valorem taxes levied and collected for and on account of:the Bonds:,
shall be deposited, as collected, to the credit of the Interest and Sinking fund;
During each year while any of the Bonds or interest coupons appertaining thereto
are outstanding and unpaid, the City Council of'the City shall compute and as-
certain 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 Bands as such interest comes
due and to provide and maintain a sinking fund adequate to pay'the principal.of
the Bonds as such principal matures but never less than 2% of the original principal
amount of the Bonds as a sinking fund each year; and said tax shall be based on.the
latest approved. tax rolls of the City., withfull 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 Bonds 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 Bonds, as such interest comes due and such principal matures,
are hereby pledged irrevocably for such payment within the limits prescribed by law.
Section 7. The City certifies that based upon all facts., estimates:and, '
circumstances now known or reasonably expected to be in existence on the date the
Bonds are delivered and paid for, the City reasonably expects that the proceeds of
the Bonds will not be used in a manner that would cause the Bonds or any portion
of the Bonds to b.e an "arbitrage bond" under.Section.103(d)(2).of.the :Internal.
Revenue Code of 1954, as amended, and the temporary and proposed regulations here-
tofore:prescribed thereunder, including, without limtation,'Sections 1.103-13
and 1.103-14 of the proposed regulations published in the Federal Register on
May .3, 1973.. Furthermore, all officers, employees and agents.of-the City are.
authorized and directed to provide certifications of facts, estimates and circum-
stances which are material to the reasonable expectations of"the City as of the
date the Bonds are delivered and paid for, and any such certifications may be
relied upon by counsel, by the owners or holders of the Bonds, or by any person
interested in the exemption of interest on.the Bonds from Federalincome.taxation.
Moreover, the City covenants that it shall make such use of the proceeds of the
Bonds, regulate investments of proceeds of the Bonds, and take such other and .further
_action as may be required so that the Bonds shall not be "arbitrage bonds" under
Section 103(d) of the Internal Revenue.Code of 1954, as -amended, and regulations
prescribed from time to time thereunder.
Section 8. The Mayor of the.City'is hereby authorized to have control of the
Bondsawn all necessary records and proceedings pertaining to the.Bonds 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.Publc
Accounts of the State of Texas. Upon registration of the Bonds, the Comptroller of
Public Accounts (or a deputy designated in writing to act;for the Comptroller) shall
manually sign the Comptroller's Registration Certificate prescribed herein to be
printed and endorsed on ;each Bond.; and the seal of the Comptroller shall be im-
pressed, or placed in facsimile, on each of the Bonds.
Section 9. The Bonds are hereby sold and shall be delivered to that bidder,
or bidders, submitting the;bid:which results in:the-lowest net interest cost to
the City subject to a resolution hereafter to be adopted by the City Council, for
the par value thereof -and -accrued interest thereon to date of delivery, plus a
premium of $ , subject to the unqualified approving opinions, as to the
legality of the Bonds-, of the Attorney General of the State of Texas and of Vinson,
Elkins, Searls, Connally.& Smith, Houston, Texas, market attorneys.
Section 10. The Mayor and all other appropriate officers of the CITY OF
PEARLA are hereby authorized and directed to..do any and all.things'necessary or
convenient to carry out-Ahe provisions of-th:is ordinance:
Section 11. This ordinance was read once by the City Council on May 12, 1975,
and read again on May 27, 1975.
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 a.doption.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,.ratifi-ed, and::.
confirmed.
PASSED AND°APPROVED this 27th day of May, 1975.
Mayor
CITY OF PEARLAND, TEXAS
,♦
ATTEST:
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
The motion for passage on second and final reading of Ordinance No. 307.made by
Councilman Griffin, seconded by Councilman Reid.
Voting "aye"- Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman
Reid and Councilman Frank.
Voting "no"- None.
Motion passed 5 to 0.
Mrs. Frances Jamison requested permission to speak before the City Council,
It was moved by Councilman Reid, seconded,�y Councilman Farley that Mrs. Jamison be
permitted to speak before the City Council for a time limit of 3 minutes. Motion
passed 3 to 2. Councilman Griffin and Councilman Frank opposed.
Mrs. Jamison expressed her opinion on the 1968 bond sale,which was the last issue
sold by the City.
MEETING RECESSED 8:05 P. M. - RECONVENED 8:10 P. M.
RESOLUTION NO. 75-19, A RESOLUTION FIXING COUPON INTEREST RATES FOR $650,000 CITY
OF PEARLAND.GENERAL OBLIGATION BONDS, SERIES. 1975, AND NAMING THE PURCHASER, OR
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
The City Council of the City of Pearland, Texas, convened in regular meeting, open
to the public, on the 27th day of May, 1975, 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
Cecil W. Griffin
Councilman and
Mayor Pro Tem
Harry Farley
Councilman
Gene E. Sanders
Councilman
Tom Reid
Councilman
Benny J. Frank
Councilman
Dorothy L. Cook
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
transacted at said meeting: a written resolution entitled:
RESOLUTION FIXING COUPON INTEREST
RATES AND NAMING PURCHASER OF
$650,000 GENERAL OBLIGATION BONDS, SERIES 1975
(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.
M
The Resolution thus adopted follows:
RESOLUTION FIXING COUPON
INTEREST RATES AND NAMING PURCHASER OF
$650,000 GENERAL OBLIGATION BONDS, SERIES 1975
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
_ WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS(th'e "City"), has
heretofore authorized the'issuance of the City's $650,000 GENERAL OBLIGATION BONDS,
SERIES 7975 (the "Bonds"), by reading, considering, and adopting on May 12 1975,
and again -on May 27, 1975, respectively, an ordinance authorizing such issuance; and
WHEREAS, the City Council deems it advisable to adopt a resolution fixing
coupon interest rates and naming the purchaser or purchasers of the Bonds;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT:
Section 1. The matters and facts recited in the preamble of this resolution
are. hereby found, to be. -true and, correct.
Section 2. The Bonds shall bear interest per annum at the following rates,
respectively, to -wit;
Bonds maturing 1978 through 1987,• 5.90%
Bonds maturing 1988 through 1989, 6.00%
Bonds maturing 1990 through 19_, 6.10%
Bonds maturing 1991 through 19_, 6.25%
Bonds maturing 1992 through 19_0 6.40%
Bonds maturing 1993 through 19_, 6.50%
Section 3. The Bonds are hereby sold and shall be.delivered to Underwood,
Neuhaus and Co. and Pearland State Bank, for the par value thereof and accrued,
interest thereon to date of delivery, plus a premium of $ -0- , subject to the
unqualified approving opinions, Ias to the legality of the Bonds, of the Attorney
General of the State of Texas and of Vinson, Elkins, Searls, Connally & Smith,
Houston, Texas, market attorneys.
Section 4 This resolution was read and considered once'by the City Council
and `sha'1� 'effect immediately.
Section 5. 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, is hereby authorized, approved, adopted, ratified, and confirmed.
PASSED AND APPRO VEDI his 27th day of May, 1975.
ATTEST: Mayor
CITY OF PEARLAND, TEXAS
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
The motion for passage of Resolution No. 75-19 was made by Councilman Farley,
seconded by Councilman Reid:
Voting aye"- Councilman Frank, Councilman Reid, Councilman Griffin, Councilman
Sanders and Councilman Farley.
Voting " no" NONE,.:
Motion passed 5 to 0.
W
APPROVAL OF MINUTES:
It was moved by Councilman Reid,, seconded by Councilman Frank that the minutes of
the meeting of May 5, 1975 be approved as corrected. Motion passed 5 to 0.
The correction to the minutes is as follows: Page 244 - REPORT Of MEETING WITH
ENTEX, INC. ".......After discussion by the City Council, it was decided that the
original ordinance as presented by Entex would have an effect on the rate that would
allow lower than cost prices for some users and thereby have a negative impact on
residential users Also, date of meeting with Entex should be May 3'ins'tead of
May 4.
It was moved by„Councilman Griffin, seconded by Councilman Sanders that the minutes
of the regular meeting of May 12, 1975 be approved as submitted. Motion passed
4. to 0, Councilman Farley abstained.
MAYOR'S ACTIVITY REPORT: `
Mayor McComb reported on his trip with Councilman Farley to Austin on May 20, 1975
to attend a hearing by Representative Hubenak on Federal Flood Maps for this area.
Mr. Greer, Regional Director of the Federal Insurance Administration was present at
this meeting as well as a representative from Michael Baker, Inc., the Engineers
who have the contracts to do all of the Flood Maps west of the Mississippi for the
Federal Insurance Administration. Mayor McComb advised that it was brought out
that cities have the right to ask for a review of their first flood control maps.
This will appear as an agenda item later in the meeting. Mayor McComb reported
that the Landev map which was prepared at the request of Brazoria County is being
reworked with the help of the Brazoria County Drainage District No. 4. Mr. Baker,
a representative of Michael Baker, Inc., advised that by the time our appeal was
sent to Washington, processed, and sent to him, the county's new map would be
complete and would give his firm additional information to consider. The Mayor
advised that he felt we would get some relief on the Federal Flood Map, however, he
did not know how much at this time. The Mayor further stated that after we get this
first map straightened out there will be Map No. 2 which will have the elevations
and high water marks and this will be the map used for the Public Hearing.
COUNCIL ACTIVITY REPORTS:
Councilman Reid thanked the Mayor for his time and efforts in trying to obtain
some relief on the Federal Flood Map.
DEPARTMENTAL REPORTS:
267
CONSIDERATION.OF.EMERGENCY APPROPRIATION FOR REPAIRS TO WATER WELL NO. 4:
City ManagerWolff advised the City Council that we have had a pump failure on
Well No. 4. ;Singer -Lane pulled the pump completely.and Mr. Langden, their
representative.contacted him and advised that the condition of the pump, drive
shaft., and discharge column were beyond economical, repair.. He-estimated..that the
cost-for-repairs.would be $6,500.00 to. rebuia d this pump. He advised that a new
pump of the same capacity would cost approximately $8,500.00 new. He stated that
he concurred with Mr. Langden regarding the installation of a new pump rather than
the repair of the old one since the cost difference would only be approximately
$2,500.00• Mr. Wolff advised that there are provisions under the law wherein we
could issue Time Warrants for emergency type repairs and he advised that he did
consider this an emergency. Mr. Wolff asked the Council to consider authoriztAg Mr. William
to necessary papers for issuance of Time Warrants to cover "the cost The
estimated cost for new pump and installation would be approximately $12,000.00.
This figure would include rig, time and cost of new pump.
The Council discussed this matter and the following motion was made:
It was moved by Councilman Reid, seconded by Councilman Sanders.that the City
Manager be authorized to go out for bids_ for an oil lubricating pump for Well No. 4,
and that the City Attorney be instructed to prepare the Resolution.and-take such'
action,as necessary to issue Time Warrants in the amount of $12,000.00. Warrants
to be paid over a three to five year period depending on the recommendation of the
City Manager. Motion passed 5 to 0.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
APPOINTMENT OF THREE MEMBERS TO IMPROVEMENT AND BEAUTIFICATION BOARD:
Councilman Reid reported that Laura:Dougherty, Dan Shaw, and,Jan Kubasik have
agreed to reappointment on the Improvement and Beautification Board for three year
terms.
It was moved by Councilman Reid, seconded by Councilman Farley -that Laura Dougherty,
Dan Shaw, and Jan Kubasik be reappointed to the Improvement and Beautification Board
for a period of three years. Motion passed 5 to 0.
Appointment of Officers to .be placed on next Agenda.
Mayor McComb administered the Oath of Office to Mrs. Dougherty and Mr. Shaw, Mrs.
Kuba.sik was not present at the meeting.
APPEAL OF:THE FIA:FLOOD HAZARD MAPS NO. HO1-18 TO THE FEDERAL INSURANCE ADMINISTRATION:
It was moved by .Councilman Farley, seconded by Councilman Reid that the Mayor be
authorized to appeal the Special Flood Hazard Area Map, Identification Date
January 31, 1975, FIA Flood Hazard Boundary Maps No. H01-18, City of Pearland,
Texas, (Brazoria and Harris Counties) Community No. 480077 to the Federal Insurance
Administration and take whatever action necessary and appropriate.: Motion passed
5 . to. 0.
COUNCIL CONCURRENCE ON STATEMENT TO BE MADE BY MAYOR AT PU.BLIC.HEARING BEFORE TEXAS
AIR CONTROL BOARD:
The Mayor advised that he would be attending the Hearing to be held on May 28, 1975
in Houston and would like concurrence from the City Council on his prepared statement.
It was moved by Councilman Reid, seconded by Councilman Griffin that the City Council
authorize the Mayor to make the prepared statement addressed to the Examiner of the
Texas Air Control Board at the Public Hearing to be held on May 28, 1975. Motion
passed 5 to 0.
CHANGE IN ORDER OF BUSINESS:
DEPARTMENTAL REPORTS: (Continued)
APPROVAL OF CHANGE ORDERS NOS. 1 2 & 39 R. T. BISHOP CONSTRUCTION COMPANY:
City Manager Wolff requested that the Council approve three Change Orders for the
R. T. Bisho.p Construction Company on the Mykawa Road-Brookland Acres :Sewer Project.
It was moved by Councilman.Frank,.seconded.by Councilman Sanders:that:Change Orders
Nos. 1, 2 & 3 to the R. T. Bishop Construction Company be approved by.the City
Council. Motion passed 5 to 0.
CITIZENS: None
DOCKETED PUBLIC HEARINGS:
The City Manager presented the proposed General Revenue Sharing.Budget for the
period beginning.July 1, 1975 and.ending June 30, 1976 as follows:
Environmental Protection: $39,452.00
Public Transportation: 7,000.00
Recreation 17,500.00
Libraries 1,000.00
Multipurpose and Gen. Gov. 15,000.00
Cemetery Improvement 8,000.00
Total $77,952.00
Quest=ions from the audience regarding the proposed budget were answered at this time.
Public Hearing closed.
UNFINISHED BUSINESS:
REPORT;-FROM°PLANNING AND ZONING COMMISSION ON APPLICATION NO.."15: (Woodcreek Sec. 2)
Mayor McComb read a letter dated May 22, 1975 from Dennis M. Frauenberger, Chairman
of the Planning and Zoning Commission advising that the Commission voted unanimously
to recommend to the City Council that Tract D be rezoned from,PU to R-2 (Single
Family), that Tract A be rezoned from PU to C (Commercial), and that Tracts B and C
remain as PU.
It was moved by Councilman Reid, seconded by Councilman Sanders that the letter dated
May 22, 1975 from the Planning and Zoning Commission be received into the minutes of
the meeting. Motion passed 5 to 0.
CALL OF PUBLIC HEARING BEFORE CITY COUNCIL ON APPLICATION NO,'15:
It was moved by Councilman Farley, seconded by Councilman Reid that a Public Hearing
at a regular Council meeting, under Docketed Public. Hearings, be called on June 23,
1975 to consider Application No. 15. Motion passed 5 to 0.
ORDINANCE NO. 304 - ENTEX, INC:
Proposed Ordinance No. 304 brought before the City Council for consideration.
A general discussion was held regarding various sections of this ordinance and more
particularly Section 4 which the Mayor and some members of the Council felt was not
in conformity with the City Charter.
It was moved by Councilman Farley, seconded by ,Councilman Reid that Ordinance No. 304
be tabled until the next regular meeting for clarification of Section 4 by the City
Attorney. Motion passed 3 to 2. Councilman Griffin and Councilman Frank opposed.
PLAN APPROVAL PERMIT J. A. GALINDO:
A short discussion was held regarding this subject, however, the Planner had not
furnished information requested by the City Council and no action was taken at this
time. Councilman Sanders requested an additional opinion from the City Attorney,
City Manager and Planner regarding whether or not "non -conforming use" would be
applicable.
NEW BUSINESS: (Continued)
ORDINANCE NO. 308, AN APPROPRIATION ORDINANCE ADOPTING REVENUE SHARING BUDGET FOR
ENTITLEMENT PERIOD BEGINNING JULY 1, 1975 AND ENDING JUNE 30, 1976:
Ordinance No. 308 read in full by Councilman Frank. (First Reading)
It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 308
be passed and approved on first of two readings. Said Ordinance No. 308 reads in
caption as follows:
ORDINANCE NO. 308
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING
BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING JULY 1,
1975 AND ENDING JUNE 30, 1976.
W1
Voting "aye Councilman Frank, Councilman Reid, Councilman Griffin, Councilman
Sanders, and Councilman Farley.
Voting "no" - none
Motion passed 5 to 0.
OTHER BUSINESS: None
RECESSED AT 9:55 P. M. FOR EXECUTIVE SESSION.
EXECUTIVE SESSION: Texas Open Meeting Law - Section 2 (e), Section 2 (g):
RECONVENED AT 10:45 P. M.
No action at this time as a result of Executive Session.
ADJOURN: Meeting adjourned 10:.46 P. M.
Minutes approved as submitted and/or corrected this the `/�,e�e day of Qr��
A. D. 1975.
Attest:.
City Secretary
ag
Mayor