2010-10-11 CITY COUNCIL MEETING AGENDA - AMENDED AMENDED AGENDA
Added New Business No. 7 and No. 8
AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, OCTOBER 11, 2010, AT
7:30 P.M., IN THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY,
SECOND FLOOR TRAINING ROOM NUMBER ONE, PEARLAND, TEXAS.
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Events attended and upcoming events.
2. Proclamation "Fire Protection Month"
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 16, 2010, Joint Public Hearing held at
6:30 p.m.
2. Minutes of the September 27, 2010, Regular Meeting held at
7:30 p.m.
Page 1 of 7 — 10/11/2010
B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -132 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN
THE STATE OF TEXAS PURCHASING CONTRACT FOR THE
PURCHASE OF COMPUTERS. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -131 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO RENEW A SOFTWARE
MAINTENANCE CONTRACT WITH SUNGARD THE /OSSI
AND APPROVING A MAINTENANCE COST SCHEDULE.
Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -137 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, DECLARING THE
INTENTION TO REIMBURSE PROJECT EXPENDITURES.
Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1434 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE FOR THE CONSTRUCTION OF ROAD, DRAINAGE
AND UTILITY 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
Attorney.
F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1435 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND AN EASEMENT FOR THE CONSTRUCTION OF
ROAD, WATER, SEWER AND DRAINAGE IMPROVEMENTS
Page 2 of 7 — 10/11/2010
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
Attorney.
G. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1436 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE
TRAIL EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT 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 Attorney.
H. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1437 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE
TRAIL EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT 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 Attorney.
Page 3 of 7 - 10/11/2010
I. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1438 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE
TRAIL EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT 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 Attorney.
J. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1439 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE
TRAIL EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT 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 Attorney.
K. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1440 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE
TRAIL EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT 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,
Page 4 of 7 - 10/11/2010
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 Attorney.
L. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1441 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE
TRAIL EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT 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 Attorney.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -116 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY.
Mr. Darrin Coker, City Attorney.
2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -135 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR GROUNDS MAINTENANCE SERVICES. Mr. Bill Eisen,
City Manager.
Page 5 of 7 — 10/11/2010
3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -136 — 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 AN ASPHALT RECLAIMING
ATTACHMENT. Mr. Bill Eisen, City Manager.
4. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 870 -6 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 30, UTILITIES, ARTICLE II, RATES
AND CHARGES, OF THE CODE OF ORDINANCES;
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION, AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -133 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR ENGINEERING DESIGN SERVICES
ASSOCIATED WITH THE MAX ROAD SPORTS COMPLEX
AND HICKORY SLOUGH DETENTION POND. Mr. Bill Eisen,
City Manager.
6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -134 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT, AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH
BRAZORIA COUNTY AND THE CITY OF ANGLETON.
Mr. Bill Eisen, City Manager.
7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -138 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
SECOND AMENDED BYLAWS OF THE PEARLAND
ECONOMIC DEVELOPMENT COPORATION.
Mr. Matt Buchanan, Executive Director of Economic
Development Corporation.
Page 6 of 7 — 10/11/2010
8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -139 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
ADMINISTRATIVE SERVICES AGREEMENT WITH THE
PEARLAND ECONOMIC DEVELOPMENT CORPORATION.
Mr. Matt Buchanan, Executive Director of Economic
Development Corporation.
OTHER BUSINESS: NONE.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfinq at 281 - 652 -1653 prior to the meeting so that appropriate
arrangements can be made.
I, Sonia Webb, Deputy 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 8 day of October 2010, at 5:30 p.m.
uuu
g- _NOV /•(\_k_c 'k" -
Q .. Sonia Webb
inwoo Deputy City Secretary
Agenda removed 4 `day of October 2010.
Page 7 of 7 — 10/11/2010
NOTICE
The City Council Meetings
Scheduled for
Monday, October 11, 2010 starting at 6:00 p.m.
Will be held at
The Public Safety Building
2555 Cullen Parkway
Second Floor Training Room Number 1