1999-03-29 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MARCH 29, 1999, 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
III. APPROVAL OF MINUTES:
2.
3.
4.
5.
6.
Minutes of the March 8, 1999, Public Hearing held at 6:30 p.m.
Minutes of the March 8, 1999, Public Hearing held at 7:00 p.m.
Minutes of the March 8, 1999, Regular Council Meeting held at 7:30 p.m.
Minutes of the March 15, 1999, Joint Public Hearing held at 6:30 p.m.
Minutes of the March 15, 1999, Public Hearing held at 6:30 p.m.
Minutes of the March 15, 1999, Special Council Meeting held at 7:30 p.m.
IV. MAYOR'S ACTIVITY REPORT
Presentation by Fred Welch, Executive Director, Brazoria County
Partnership.
Proclamation - Keep Pearland Beautiful Month.
Presentation of the Texas Recreation and Parks Society's Region IV
"Award for Excellence in Marketing" to the Parks and Recreation
Department.
V. COUNCIL ACTIVITY REPORTS
VI. CITY MANAGER'S REPORT
VII. CITIZENS
VIII. DOCKETED PUBLIC HEARINGS: NONE
IX. CONSENT AGENDA
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE
CONSIDERED TO BE ROUTINE, AND REQUIRE LITTLE OR NO
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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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 220-6 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
SECTION 30-35, DEPOSITS REQUIRED, OF CHAPTER 30,
UTILITIES, OF THE CITY OF PEARLAND CODE OF ORDINANCES,
AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO
ORGANIZE AND UPDATE THE CITY'S UTILITIES FEE
STRUCTURE; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 645-1 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
SECTION 6, RETURNED CHECK FEE, OF CHAPTER 2,
ADMINISTRATION, OF THE CITY OF PEARLAND CODE OF
ORDINANCES (ORDINANCE NO. 645), AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, TO REFLECT THE INCREASE
IN ACTUAL COSTS INCURRED IN PROCESSING RETURNED
CHECKS; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 898 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING
THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA
FOR GRANTING TAXABA TEMENT PURSUANT TO RESOLUTION
NO. R98-59; DESIGNATING AND DESCRIBING A REI NVESTMENT
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ZONE (TO BE KNOWN AS REINVESTMENT ZONE #5), IN
ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND
TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A
BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE
MUNICIPALITY AFTER THE EXPIRATION OF THE TAX
ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER
TO SIGN TAXABATEMENTAGREEMENTS WHEN APPROVED BY
THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND
AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-288-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 THE SOUTH 87,5 FEET OF LOT 8 & THE NORTH 12.5 FEET
OF LOT 9, BLOCK 6, HICKORY CREEK PLACE SUBDIVISION,
SECTION 7, H.T. & B.R.R. CO. SURVEY, A-219, VOLUME 11,
PAGES 1-2, BRAZORIA COUNTY PLAT RECORDS (APPLICATION
NO. 750) (14011 SUBURBAN GARDEN ROAD) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD) TO LIGHT
INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF VIRGIL COY
& GRACE M. ELLIOTT, 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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-289 -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 LOCATED IN
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THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (APPLICATION NO'S. 509, 510, 570, 585, 601,
605, 627, 633, 672, & 688) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH
REAL PROPERTY, 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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-290 -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 LOCATED IN
THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (APPLICATION NO'S. 697, 698, 699,700, 701,
702,703,704, 705, 706,707,708,709,710,711,712,713,714, 715,
716,717,718,720,721,722, 723,724, 725, 726,727,728,729,730,
731, 732, 733, 734,) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH
REAL PROPERTY, 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.
X. MATTERS REMOVED FROM CONSENT AGENDA
XI. NEW BUSINESS:
CONSIDERATION AND POSSIBLE ACTION - PRESENTATION OF
AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1998, BY
NULL-LAIRSON, AND ACCEPTANCE OF AUDIT INTO THE
RECORDS OF THE CITY.
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m
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 862-2 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 862, THE 1999 ANNUAL BUDGET ORDINANCE,
BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS IN
GENERAL FUND LINE ITEMS AND WATER AND SEWER FUND
LINE ITEMS FOR MUNICIPAL PURPOSES; AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS
NECESSARY TO FACILITATE THE CHANGES IDENTIFIED
HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL;
PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A
REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST
THE CITY BUDGET BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-22 -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 CARTER-
BURGESS FOR DESIGN AND CONSTRUCTION/ADMINISTRATION
OF THE FITE-HARKEY INTERCEPTOR, WEST LEA-RAVENWOOD
TRUNK SEWER, AND McHARD ROAD TRUNK SEWER.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-20 -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 CLAUNCH &
MILLER, INC. ENGINEERING CONSULTANTS FOR SERVICES TO
PRODUCE STANDARD CONSTRUCTION SPECIFICATIONS FOR
THE CITY OF PEARLAND.
CONSIDERATION AND POSSIBLE ACTION - COUNCIL
ACCEPTANCE OF THE VILLAGES OF EDGEWATER ESTATES,
SECTION THREE SUBDIVISION.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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10.
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO NEGOTIATE WITH THE PEARLAND/HOBBY AREA
CHAMBER OF COMMERCE FOR THE LEASE OF REAL
PROPERTY FROM THE CITY OF PEARLAND FOR THE FUTURE
CONSTRUCTION OF A NEW CHAMBER FACILITY.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A RIGHT-OF-WAY USE AGREEMENT
WITH METRICOM, INC., A DELAWARE CORPORATION, TO
PERMITTHE CONSTRUCTION, MAINTENANCE, AND OPERATION
OF A WIRELESS DIGITAL DATA COMMUNICATIONS RADIO
NETWORK WITHIN THE CORPORATE LIMITS OF THE CITY OF
PEARLAND
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO AN INTERLOCALAGREEMENTWITH
BRAZORIA DRAINAGE DISTRICT NO. 4 TO COOPERATE IN THE
CLEARING OF THE DITCH AREA BEGINNING AT HICKORY
CREEK AND EXTENDING TO THE THIRD COAST PACKAGING,
INC. SWITCH.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-23 -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 MANVEL EMS
TO PROVIDE EMERGENCY AMBULANCE SERVICE TO ANY
INDIVIDUAL LOCATED WITHIN PEARLAND'S BRAZORIA COUNTY
EXTRATERRITORIAL JURISDICTION LYING SOUTH OF
BRAZORIA COUNTY ROAD 59.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE'NO. 181-4- AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
REPEALING, IN ITS ENTIRETY, SECTION 12-2, DUMPING OF
GARBAGE TRASH GENERALLY, OF CHAPTER 12, ENTITLED
GARBAGEAND TRASH, OF THE CODE OF ORDINANCES OF THE
CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM
Page 6 of 10 - 3/29/1999
1t.
12.
13.
14.
15.
TIME TO TIME, AMENDED; HAVING A REPEALER CLAUSE, A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO AVOID THE ADOPTION OF
CONFLICTING SECTIONS IN THE PEARLAND CODE OF
ORDINANCES REGARDING THE DUMPING OF GARBAGE AND
TRASH INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 181-5 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING
A NEW SECTION 12-2, DUMPING OF GARBAGE TRASH
PROHIBITED, OF CHAPTER 12, ENTITLED GARBAGE AND
TRASH, OF THE CODE OF ORDINANCES OF THE CITY OF
PEARLAND, TEXAS; PROVIDING A PROHIBITION AGAINST THE
DUMPING OF GARBAGE AND TRASH WITHIN THE CITY;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO PROHIBIT THE DUMPING OF GARBAGE
AND TRASH INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO.
B99-039 FOR SWIMMING POOL CHEMICALS AND SERVICES.
CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO.
B99-026 PARKING LOT EXPANSION FOR CENTENNIAL PARK.
CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO.
B99-033 FOR CONCRETE PAVING AT THE PUBLIC SAFETY
(FIRE)TRAINING FACILITY.
CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO.
B99-048 FOR FLEET VEHICLES.
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16.
'17.
18.
CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF
CONNIE BEAUMONT, BILL CHASE, CALVIN COLLIER, RANDALL
FERGUSON, DENNIS FRAUNBERGER, SUSAN LENAMON AND
CHARLIE PHILIP TO SERVE ON THE BOARD OF DIRECTORS TO
THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION
EFFECTIVE MAY 1, 1999.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-29'1 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 4.542 ACRES, A PART OF LOT 1, BLOCK 26, ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION
4, TCRR SURVEY, A-675, VOLUME 2, PAGE 99, PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 690) (15707
SOUTH FREEWAY 288) FROM THE CLASSIFICATION OF
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF JAMES W. & BARBARA A.
DIXON, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-292 - 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 BEING 9.983
ACRES, CALLED TRACT 16, H.T. & B.R.R CO. SURVEY, SECTION
7, A-219, OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 644) (13801 GARDEN ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF CARL
A. DAVIS, OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
Page 8 of 10 - 3/29/1999
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
19.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-293 - 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 LOCATED ON
BEING LOT 12 & THE EAST 1/2 OF LOT 11, BLOCK 3, CAS-CON
ACRES, BEING THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4,
H.T. & B.R.R. CO. SURVEY, SECTION 14, A-509, VOLUME 5, PAGE
127, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 620) (6225 COTTONWOOD) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING (R-l) AT THE REQUEST OF
JAMES SANDLING, OWNER, PROVIDING FOR AN AMENDMENT
OF THE LAND USE DISTRICT MAP; CO, NTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT.
20.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-294 -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 LOCATED IN
THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (APPLICATION NO'S. 628, 629, 630, 631,636,
638, 639, & 673) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH
REAL PROPERTY, 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.
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OTHER BUSINESS:
XII. ADJOURNMENT
For special assistance, please call YOUNG LORFING at 281-485-2411/Ext. 341 prior to
the meeting so that appropriate arrangements can be made.
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