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2010-09-27 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, SEPTEMBER 27, 2010, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND THE PLEDGE OF ALLEGIANCE III. MAYOR'S ACTIVITY REPORT 1. Events attended and upcoming events. IV. COUNCIL ACTIVITY REPORTS 1. Events attended and upcoming events. V. CITY MANAGER'S REPORT 1. Events attended and upcoming events. 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 (IX. 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 August 30, 2010, Special Meeting — held at 6:00 p.m. 2. Minutes of the August 30, 2010, Public Hearing held at 6:30 p.m. 3. Minutes of the September 13, 2010, Regular Meeting held at 7:30 p.m. Page 1 of 6 — 9/27/2010 B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1358 -5 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING NON - DEVELOPMENT USAGE AND SERVICE FEES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 33 -1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 20 -4, ENTITLED DISCHARGE OF WEAPONS; PROVIDING A PENALTY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010 -123 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF GENERATORS FOR THE CORRIGAN AND WEST MARY'S CREEK STORM WATER PUMP STATIONS. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010 -124 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR BIO -SOLID WASTE DISPOSAL SERVICES. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010 -125 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR WASTEWATER POLYMER. Mr. Bill Eisen, City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS Page 2 of 6 — 9/27/2010 1. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1427 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (126 ACRES OF LAND, MORE OR LESS, NORTH OF BAILEY ROAD AND EAST OF FM1128 -AREA 1); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Mike Hodge, Assistant City Manager. 2. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1428 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (189 ACRES OF LAND, MORE OR LESS SOUTH OF BAILEY ROAD BETWEEN VETERANS DRIVE AND FM 1128 - AREA 2); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Mike Hodge, Assistant City Manager. 3. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1429 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (307 ACRES MORE OR LESS WEST OF SH 288 BETWEEN BROADWAY AND MUSTANG BAYOU - AREAS 3 AND 4); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Mike Hodge, Assistant City Manager. Page 3 of 6 - 9/27/2010 4. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1432 — AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1433 — AN ORDINANCE ADOPTING A TAX RATE OF $0.6651 AND LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2010. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010 -122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT ASSOCIATED WITH THE BARRY ROSE ROAD EXTENSION PROJECT. Mr. Bill Eisen, City Manager. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010 -127 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) 2011 -2015. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010 -126 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING UNCOLLECTIBLE UTILITY ACCOUNTS FROM THE CITY'S FINANCIAL STATEMENT. Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010 -129 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING BRAZORIA COUNTY APPRAISAL DISTRICT RESOLUTION NO. 2010 -2. Mr. Darrin Coker, City Attorney. Page 4 of 6 — 9/27/2010 10. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010 -128 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING CONTINUED PARTICIPATION IN THE TEXAS PARKS & WILDLIFE DEPARTMENT'S COMMUNITY OUTDOOR OUTREACH PROGRAM GRANT. Mr. Bill Eisen, City Manager. 11. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010 -130 — A RESOLUTION OF THE CITY COUNCIL OF PEARLAND, TEXAS ( "CITY ") AUTHORIZING A SUSPENSION OF THE EFFECTIVE DATE OF THE TEXAS - NEW MEXICO POWER COMPANY'S RATE INCREASE AND THE INTERVENTION IN THE PUBLIC UTILITY COMMISSION DOCKET NO. 38480; AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES IN A COALITION OF MUNICIPALITIES KNOWN AS THE ALLIANCE OF TEXAS -NEW MEXICO POWER MUNICIPALITIES ( "ATM "); AUTHORIZING PROVISION OF EXPERTS AND LEGAL REPRESENTATION; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AS ARE RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. NEW BUSINESS CONTINUED: 12. CONSIDERATION AND POSSIBLE ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281 - 652 -1653 prior to the meeting so that appropriate arrangements can be made. Page 5 of 6 — 9/27/2010 I, Young Lorfing, City Secretary of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the general public at City Hall on the 22 day of September 2010, at 5:30 p.m. isi / , fl 1/4 4,..... .1/.... ../ ■isim . g. !/( ,,Lang: ing, „, .ity S • etary Agenda removed . 7 day of September 2010. Page 6 of 6 — 9/27/2010