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2003-02-10 CITY COUNCIL MEETING AGENDAAGENDA CITY OF PEARLAND , CITY COUNCIL February 10, 2003 7:30 p.m. MAYOR Tom Reid Woody Owens Mayor Pro-Tem Position No. 2 COUNCIL MEMBERS Richard Tetens Position No. 1 Charles Viktorin Position No. 3 Larry Marcott Position No. 4 Bill Eisen City Manager Klaus Seeger Position No. 5 Darrin Coker City Attorney Alan Mueller Deputy City Manager Young Lorfing City Secretary In accordance with the Texas Open Meeting Act the Agenda is posted for public] information, at all times, for at least 72 hours preceding the scheduled time of the meeting on the bulletin board located at the front entrance of the City Hall, 3519 Liberty Drive. * REVISED * AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON FEBRUARY 10, 2003, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE II1. MAYOR'S ACTIVITY REPORT 1. Presentation of Certificate of Appreciation from the Pearland Neighborhood Center to the Pearland Police Department. 2. American Hero Foundation's update regarding the Veterans Memorial. IV. COUNCIL ACTIVITY REPORTS V. CITY MANAGER'S REPORT VI. CITIZENS VII. DOCKETED PUBLIC HEARING: None VIII. CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE, AND REQUIRE LITTLE OR NO DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (X. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION APPROVAL OF MINUTES: 1. Minutes of the November 18, 2002, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the January 27, 2003, Public Hearing held at 7:00 p.m. Page 1 of 10 - 2/10/2003 3. Minutes of the January 27, 2003, Regular Council Meeting held at 7:30 p.m. 4. Minutes of the February 3, 2003, Special Meeting held at 7:30 p.m. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-631 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 11.64 ACRES, BEING A PORTION OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1073) (4501 DIXIE FARM ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF, STEVE ROBINSON, AGENT FOR JESSE G. ZAMARRON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - ACCEPTANCE CENTENNIAL VILLAGE SECTION 2. Mr. John Hargrove, City Engineer. SUBDIVISION CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-20 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION ON THE THIRD DAY OF MAY, 2003, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Mr. Young Lorfing, City Secretary. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE GENERAL Page 2 of 10- 2/10/2003 IX. X. Hm Jw ELECTION TO BE HELD ON THE THIRD DAY OF MAY, 2003. Mr. Young Lorfing, City Secretary. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR WATER TREATING CHEMICALS. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR ENVIRONMENT LAB TESTING. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF LARGE FORMAT DIGITAL PLOTTER. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF ROLLING STOCK VEHICLES. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF A POTHOLE PATCHING TRUCK. Mr. Gordon Island, Purchasing Officer. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS Page 3 of 10 - 2/10/2003 CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-632 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 5 ACRES, MORE OR LESS, BEING ABSTRACT 504, H.T.& B. R.R, COMPANY SURVEY, TRACT 21, N/2 PT (2533 ROY ROAD AND 2537 ROY ROAD)(APPLICATION NO. 1079) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF, HOLLIS BARDWELL, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-633 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR WAREHOUSE AND DISTRIBUTION FACILITIES, ON THE FOLLOWING PROPERTY 10.00 ACRES, LOT 49 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 6, H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 544, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 136, PAGE 501, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (3508 HATFIELD ROAD)(SPEClFIC USE NO. 123) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF JACK MCGUFF, JR., AGENT FOR HARVEY AND JANET HUBER, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Page 4 of 10 - 2/10/2003 CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-634 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 15.18 ACRES, MORE OR LESS, SITUATED IN THE JOHN W. MAXEY SURVEY, ABSTRACT 721, BEING PART OF AND OUT OF A 208.10 ACRE TRACT DESCRIBED BY DEED RECORDED IN VOLUME 1107, PAGE 859 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (NORTHWEST CORNER OF FM 518 AND SUNRISE BOULEVARD)(APPLICATION NO. 1080) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF RIVERWAY COMMERCIAL DEVELOPMENT, LLC, AGENT FOR GEORGE GILMAN, TRUSTEE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-635 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A CHURCH, ON THE FOLLOWING PROPERTY, BEING 20 ACRES, CONSISTING OF LOTS 4 AND 20 OF THE ALLISON-RICHEY GULF COAST COMPANY SUBDIVISION, SECTION 19, H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 243, ACCORDING TO THE MAPOR PLAT RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (1865 CULLEN BOULEVARD)(APPLICATION NO. 1077)(SPECIFIC USE NO. 121) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT SPECIFIC USE (R-E(S)) AT THE REQUEST OF THOMAS L. MURRAY, AGENT FOR SILVERLAKE CHURCH, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER Page 5 of 10 - 2/10/2003 Sm PROVISIONS RELATED TO THE SUBJECT. Executive Director of Community Services. Mr. Tobin Maples, CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS 1 THROUGH 7, BLOCK B, OLD PEARLAND TOWNSITE, ABSTRACT 232, BRAZORIA COUNTY, TEXAS (2107 WASHINGTON AVENUE)(APPLICATION NO. 1081) FROM CLASSIFICATION NEIGHBORHOOD SERVICE DISTRICT (NS) TO SINGLE FAMILY DISTRICT (R-4) AT THE REQUEST OF DON LONG, AGENT FOR TERRY GRAY, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-637 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 20 ACRES, ABSTRACT 564, H.T.& B.R.R. COMPANY SURVEY, TRACT 52-53 (COUNTY ROAD 59)(APPLICATION NO. 1082) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF JAMES JOHNSON, AGENT, FOR MARY ANN TIERNEY, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-638 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN Page 6 of 10 - 2/10/2003 10. 11. DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 3, BLOCK 7, HICKORY CREEK PLACE ADDITION, AS RECORDED IN VOLUME 11, PAGES 1-2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (2145 MELANIE LANE)(APPLICATION NO. 1078) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF GERARD VEILLEUX AND GAlL WALDEN, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE YOST ROAD PROJECT. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 OF APPROXIMATELY 107.3795 ACRES OF LAND. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH DUNKIN, SEFKO AND ASSOCIATES, INC. FOR LAND USE PLANNING SERVICES ASSOCIATED WITH THE CREATION OF A UNIFIED DEVELOPMENT CODE. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING TABLE III OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY LIMITS OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A Page 7 of 10 - 2/10/2003 12. 13. 14. 15. 16. 17. REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Executive Director of Community Services. CODIFICATION, Mr. Tobin Maples, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE HARKEY ROAD WATER LINE. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH OTHON, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY SIXTEEN-INCH WATER LINE. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE PEARLAND PARKWAY WATER LINE. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO SUPPLEMENTAL AGREEMENTS WITH KLOTZ ASSOCIATES, FOR ENGINEERING SERVICES ASSOCIATED WITH MCHARD ROAD PROJECT. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CLOSING A PORTION OF COUNTY ROAD 48 BETWEEN SHADOW CREEK PARKWAY AND CLEAR CREEK, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE QUARTERLY Page 8 of 10 - 2/10/2003 18. 19. 20. 21. INVESTMENT REPORTS FOR THE QUARTERS ENDING JUNE, SEPTEMBER AND DECEMBER 2002. Ms. Mary Ross, Director of Finance. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH DANNENBAUM ENGINEERING, CORP. FOR THE DEVELOPMENT OF REVISIONS TO THE CITY'S STORM DRAINAGE CRITERIA MANUAL. Mr. John Hargrove, City Engineer. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1097 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN RIGHT-OF-WAY FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE INDEPENDENCE PARK PAVILION. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1096 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN SEVENTY FOOT (70') WIDE RIGHT-OF-WAY EASEMENT LOCATED IN THE H. T. & B. R. R. CO. SURVEY, ABSTRACT 551 AND 303 AS TO LOTS 161, 162, THE WEST PART OF 163 AND PART OF LOT 164 WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A Page 9 of 10 - 2/10/2003 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION - CITY FACILITIES. Mr. Darrin Coker, City Attorney. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING PENDING LITIGATION- RIGHT-OF-WAY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): 22. CONSIDERATION AND POSSIBLE ACTION - REGARDING POTENTIAL LITIGATION - CITY FACILITIES. Mr. Darrin Coker, City Attomey. 23. CONSIDERATION AND POSSIBLE ACTION - REGARDING PENDING LITIGATION - RIGHT-OF-WAY. Mr. Darrin Coker, City Attorney. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfin.q at 281- 652-1655 prior to the meeting so that appropriate arrangements can be made. * REVISED * AGENDA POSTED 2/5/2003 AT 5:30 P.M. Consent Item K moved to New Business No. 21. New Business No. 10, Resolution No. 2003-27 caption added. Page 10 of 10 - 2/10/2003