1997-08-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON AUGUST 11, 1997, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Helen Beckman
William Berger
Richard Tetens
Kevin Cole
Paul Grohman
Amy McCullough
Young Lorfing
Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; City
Engineer John Hargrove; Planning and Community Development Director Dennis Smith;
Director of Finance David Castillo; Parks and Recreation Director Ed Hersh; Emergency
Management Director David Smith; Utilities Account Supervisor Missy Miller; and
Advanced Intern Ruby Perez.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by City Attorney, Amy McCullough and the Pledge of
Allegiance was led by Project Coordinator, Alan Mueller.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
approve the minutes of the Public Hearing at 6:30 p.m.; and the Special Meeting at 7:00
p.m. held on July 21, 1997; the Joint Public Hearing at 6:30 p.m. and the Regular
Council Meeting at 7:30 p.m. held on July 28,1997.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0.
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34
MAYOR'S ACTIVITY REPORT
Mayor Reid stated that Councilmember Larry Wilkins had called and said he was working
tonight.
Mayor Reid reported that on July 31 he attended a ground breaking at C.J. Harris
Grammar School and the ribbon cutting on Schilder Drive; on August 1, attended
H.G.A.C. Meeting - Road Grants; on August 3, Welcomed the V.F.W. District 16
Meeting; on August 4, attended the County Tax Abatement Committee Meeting; on
August 5, attended A.A.R.P. Monthly Meeting; on August 5, participated in National Night
Out; on August 7, attended the Chamber Breakfast attended the Friendswood
Chamber/Texas New Mexico Luncheon and the Southeast Economic Development
Corporation Meeting; on August 8, attended the P.I.S.D. New Teachers Breakfast; on
August 8 & 9 attended the T.M.L. Region 14 Conference and Annual Meeting.
COUNCIL'S ACTIVITY REPORTS
Councilmember Berger reported that he welcomed the V.F.W. District 16 Meeting; on
National Night Out he rode around the City with Officer Matt Zepeda.
Councilmember Cole reported that he had the opportunity to meet with the Woodcreek
Home Owners; on National Night Out he rode with Office Javier Caballero and visited
with a large group at Hyde Park.
CITY MANAGER'S REPORT
City Manager, Paul Grohman, thanked Councilmember Cole for addressing the
Woodcreek Home Owners in his absence; Mr. Grohman stated this year on National
Night Out several officers went to the areas that are proposed to be annexed and he
received a lot of positive feed back. He recapped Federal Funding for Highway projects;
informing Council that the City will receive approximately $5 million on Mykawa to
upgrade from two lanes to five lanes. Dixie Farm Road was funded $13.5 million, an
overpass at Magnolia funded $4.2 million; all of these are 80% matches. The City
received a Library Grant for $300,000 for a new facility to be built across the street. We
also, received a $54,000. Litter Abatement Grant for a Litter Abatement Officer and a
$20,000 grant for traffic Control that include radar units and big radar signs. Mr.
Grohman introduced Ruby Perez, Intern, she will work for the City for the next year. Mr.
Grohman briefly discussed a shooting that we recently had in the City. He said this was
not a random act of violence. Mr. Grohman also discussed the low crime rate in the City
and the continued success of the Police Department regarding Public Safety.
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CITIZEN'S
None.
35
Mayor Reid formally recessed the Regular Council Meeting.
Mayor Reid formally opened the Docketed Public Hearing.
CALL TO ORDER
PURPOSE OF THE HEARING - HARKEY ROAD RIGHT OF WAY ABANDONMENT
TO CONSIDER THE HARKEY ROAD RIGHT OF WAY ABANDONMENT
ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT:
TRACT 1
0.103 of one acre of land out of and a portion of C.R. 103- Harkey
Road(60'R.O.W.) Recorded under Volume 5, Page 303 of the Plat
Records of Brazoria County and also being a part of the Johnston
Subdivision in the northeast one-fourth of section thirteen (13) of the
H.T.&B. Railroad Survey, abstract 240, Pearland, Brazoria County,
Texas according to the Plat or Map thereof in Volume 5, Page 303 of
the Plat Records of Brazoria County, Texas.
TRACT 2
0.037 of one acre of land out of and a portion of C.R. 103 -Harkey Road
(60' R.O.W.) recorded under volume 5, page 303 of the Plat Records of
Brazoria County and also being a part of the Johnston Subdivision in the
Northeast One -Fourth of Section Thirteen (13) of the H.T.&B. Railroad
Survey, abstract 240, Pearland, Brazoria County, Texas according to the
plat or map thereof in Volume 5, Page 303 of the Plat Records of Brazoria
County, Texas.
Mayor Pro -Tem Beckman read the purpose of the docketed public hearing into the
record.
STAFF REVIEW OF PROPOSED RIGHT OF WAY ABANDONMENT:
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City Attorney Amy McCullough addressed Council regarding the location of the
abandonment of right of way. She stated that the project of the realignment of Harkey
Road at the intersection of O'Day Drive, to square up the intersection was completed this
summer leaving two small tracts of property that are of no use to the City. In
accordance with the ordinance, we are required to have a Public Hearing to make the
public aware of the abandonment of this property.
CITIZEN COMMENTS:
None.
COUNCIL/STAFF DISCUSSION:
City Manager, Paul Grohman, stated this was the most accident prone intersection in the
City and due to the realignment of Harkey Road this is area has to be maintained. Mr.
Grohman said if we relinquish the right of way, something may be able to be built on it.
ADJOURNMENT OF DOCKETED PUBLIC HEARING: The Right of Way Abandonment
hearing was adjourned at 8:00 p.m.
Council returned to its Regular Meeting at 7:50 p.m.
UNFINISHED BUSINESS:
SECOND AND FINAL READING OF ORDINANCE NO. 806 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL
IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES
IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE.
Councilmember Cole made the motion, seconded by Councilmember Tetens to approve
Ordinance No. 806 on its second and final reading.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Page 4 of 15 - 8/11
Motion passed 4 to 0.
E
SECOND AND FINAL READING OF ORDINANCE NO. 509-155 - 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 WESTCHESTER ESTATES
SUBDIVISION IN THE H.T.& B.R.R. COMPANY SURVEY, A-242, BRAZORIA COUNTY,
TEXAS (APPLICATION NOS. 165-171 AND APPLICATION NO. 203) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) 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.
Councilmember Berger made the motion, seconded by Councilmember Cole to approve
Ordinance No. 509-155 (Application Nos. 165-171 and Application No. 203) on its
second and final reading.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 4 to 0.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 810 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A
PRIVATE SWIMMING POOL INTO THE DEDICATED UTILITY EASEMENT ON LOT 13,
BLOCK 1, OF THE RUSTIC OAKS SUBDIVISION, LOCATED AT 1618 INVERNESS
LANE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to
approve Ordinance No. 810 on its first reading.
City Manager, Paul Grohman, advised Council that the property owner is having a
swimming pool built and the encroachment does not impede any of the utility easements.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Page 5 of 15 - 8/11
Voting "No" None.
Motion passed 4 to 0.
FIRST READING OF ORDINANCE NO. 811 -AN ORDINANCE OF THE CITY COUNCIL .�
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND RATIFYING THE
ABANDONMENT OF EXCESS RIGHT-OF-WAY ALONG A PORTION OF HARKEY
ROAD AT ITS INTERSECTION WITH FM 518 (BROADWAY) FOR PURPOSES OF
REALIGNING SAID INTERSECTION, WITHIN THE CORPORATE CITY LIMITS OF
PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
approve Ordinance No. 811 on its first reading.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion passed 4 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 315-3 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 29.353,
TRUCK ROUTES, ARTICLE XVI, TRUCK TRAFFIC, CHAPTER 29, TRAFFIC, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME
TO TIME, AMENDED, TO CORRECT STREET NAMES AND TRUCK ROUTES AS A
RESULT OF RECENT ANNEXATIONS AND INCREASED COMMERCIAL AND
INDUSTRIAL TRAFFIC CONDITIONS; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO UPDATE STREET NAMES
AND TRUCK ROUTES INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY.
Councilmember Cole made the motion, seconded by Councilmember Tetens to approve
Ordinance No. 315-3 on its first and only reading.
Police Chief, Mike Hogg, addressed Council regarding truck traffic and advised that this
ordinance will help with the enforcement of truck traffic.
Page 6 of 15 - 8/11
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 4 to 0.
FIRST READING OF ORDINANCE NO. 812 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, CREATING A "MUNICIPAL COURT BUILDING
SECURITY FUND"; PROVIDING FOR ASSESSMENT AND COLLECTION OF A
MUNICIPAL COURT BUILDING SECURITY FEE UPON FINAL CONVICTION;
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Beckman to
approve Ordinance No. 812 on its first reading.
City Manager, Paul Grohman, stated under State Law the court is allowed to assess a
security fee of $3.00 on municipal traffic tickets upon final conviction. These funds can
be used for building security of the Municipal Court and also for continuing education
regarding security issues, preservation and safety measures.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion passed 4 to 0.
FIRST READING OF ORDINANCE NO. 813 -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 (McHARD ROAD
AREA); 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.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 813 on its first reading.
City Manager, Paul Grohman, advised Council this will extend the City limit boundaries
Page 7 of 15 - 8/11
from the current end of a boundary, roughly 1000' west of 288 on McHard Road all the
way to the Ft. Bend County line. Mr. Grohman stated there was no objection to this
annexation in the Public Hearings and would recommend that Council adopt this
ordinance.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 4 to 0.
RESOLUTION NO. R97-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS ("APPLICANT"), DESIGNATING CERTAIN OFFICIALS AS
BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE APPLICANT IN
DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT ("DEPARTMENT"),
FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS
ACCOUNT GRANT PROGRAM ("PROGRAM"); CERTIFYING THAT THE APPLICANT
IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE
APPLICANT MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE
PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
approve Resolution No. R97-49.
Parks and Recreation Director, Ed Hersh, advised Council that we are revisiting this
issue because the Resolution, we submitted did not contain some of the wording Texas `J
Parks & Wildlife requested. Therefore, they have requested that we adopt this
Resolution using, their words.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion passed 4 to 0.
COUNCIL ACTION - AWARD OF BID NO. B97-09 FOR CONSTRUCTION OF HAUL
ROAD AT DAVID L. SMITH DETENTION FACILITY.
Councilmember Cole made the motion, seconded by Councilmember Tetens to award
Bid No. 97-09 for construction of Haul Road at the David L. Smith Detention Facility, .to
L & W Excavators, in the amount of $78,710.00 the City Engineer, John Hargrove,
Page 8 of 15 - 8/11
41
discussed the bids received on this project. He recommended that Council accept the
bid submitted by L & W Excavators, in the amount of $78,710.00.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0.
COUNCIL ACTION - AWARD OF BID NO. B97-11 FOR PIPES AND FITTINGS.
Councilmember Berger made the motion, seconded by Councilmember Cole to award
Bid No. 97-11 for Pipes and Fittings, to U.S. Filter, in the amount of $33,642.72.
Emergency Management Director, David Smith, discussed the bids received on this
project. He recommended that Council accept the bid submitted by U.S. Filter, in the
amount of $33,642.72.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0.
COUNCIL ACTION - RESCISSION OF CITY'S AWARD OF BID NO. B97-7 FOR A 4
STORY FIRE TRAINING TOWER, TO FIRE FACILITIES, INC., IN THE AMOUNT OF
$255,317.00.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
rescind the City's award of Bid No. B97-7 for a 4 Story Fire Training Tower, to Fire
Facilities, Inc., in the amount of $255,317.00.
Emergency Management Director, David Smith, addressed Council and advised that Fire
Facilities, Inc., had omitted the cost of the foundation for the training tower from Bid
B97-7.
Mr. Smith stated the City will re -bid this project and receive sealed bids from all parties
interested in bidding this project.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Page 9 of 15 - 8/11
Voting "No" None.
Motion Passed 4 to 0.
COUNCIL ACTION - REVIEW PROPOSED 1997 PROPERTY TAX RATE AND
SETTING OF A PUBLIC HEARING, TENTATIVE DATE OF AUGUST 25, 1997, IN
ACCORDANCE WITH THE TRUTH IN TAXATION STATUTORY REQUIREMENTS.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
review the proposed 1997 property tax rate and setting of a Public Hearing date of
August 25, 1997, in accordance with the Truth in Taxation Statutory Requirements.
City Manager, Paul Grohman, stated that the Truth in Taxation Laws dictate that even
though our Tax Rate stayed exactly the same, we need to have a second public hearing
because of our growth. Mr. Grohman stated the tax rate is staying exactly $.6950/100,
just as last year and the year before. He stated we are going to publish Public Notices
as required by law in the newspaper, which will say we are raising taxes. However,
there will be a disclaimer next to it explaining that tax rate will be the same.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0
FIRST READING OF ORDINANCE NO. 509-156 - 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 WESTCHESTER ESTATES SUBDIVISION,
TRACT 16, TRACT 17 AND TRACT 27, IN THE H.T. & B.R.R. COMPANY SURVEY, A-
242, BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 129,130, AND APPLICATION
NO. 131) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS (GB) 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.
Councilmember Cole made the motion, seconded by Councilmember Tetens to approve
Ordinance No.509-156 (Application Nos. 129, 130, and Application 131) on their first
reading.
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43
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application Nos. 129, 130 and Application No. 131).
Voting "Aye" Councilmembers Tetens, Beckman, Berger and Cole.
Voting "No" None.
Motion passed 4 to 0.
FIRST READING OF ORDINANCE NO. 509-157 - 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 TRACT 35 IN WESTCHESTER ESTATE
SUBDIVISION IN THE H.T.&B.R.R. COMPANY SURVEY, A-242, BRAZORIA COUNTY,
TEXAS. (2816 MANVEL ROAD) (APPLICATION NO. 219) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS (GB) AT THE REQUEST OF RUDOLPH J. STEPAN, 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.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Beckman to
approve Ordinance No.509-157 (Application No. 219) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 219).
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion passed 4 to 0.
City Attorney, Amy McCullough. informed Council that Ordinance Nos. 509-158, 509-
159, 509-160, and 509-161 could be acted upon together.
FIRST READING OF ORDINANCE NO. 509-158 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY 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
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REAL PROPERTY LOCATED LOT 18, MAHANAY SUBDIVISION, A PART OF
SECTION 15, H.T. & B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS (6919
FITE ROAD)(APPLICATION NO. 186) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF DONALD R. & OPAL COTE, 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.
FIRST READING OF ORDINANCE NO. 509-159 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY 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 LOT Q, SECTION 1, GARDEN ACRES SUBDIVISION OF
THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH 99 ACRES OF
SECTION 7 OF THE H.T. & B.R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY,
TEXAS (2447 GARDEN ROAD)(APPLICATION NO. 218) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF HORACE W. PRICE, 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.
FIRST READING OF ORDINANCE NO. 509-160 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, 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 LOT 5 BLOCK 3, SECTION 2 OF THE GARDEN ACRES
SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH
99 ACRES OF SECTION 7 OF THE H.T. & B.R.R. COMPANY SURVEY, A-219,
BRAZORIA COUNTY, TEXAS (2608 LAZY BEND STREET)(APPLICATION NO. 220)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF LARRY J. HAGGER,
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.
FIRST READING OF ORDINANCE NO. 509-161 - 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
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45
CERTAIN REAL PROPERTY LOCATED IN SKYWAY MANOR SUBDIVISION, A PART
OF SECTION 15 OF THE H.T.& B.R.R. COMPANY, SURVEY, ABSTRACT 241
BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 172,173,175-185 AND
APPLICATION NO. 200-202) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) 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.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
approve Ordinance No. 509-158 (Application No. 186), 509-159 (Application No. 218),
509-160 (Application No. 220) and Ordinance No. 509-161 (Application Nos. 172,
173,175-185 and Application Nos. 200-202) on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application Nos. 186, Application No. 218, Application No. 220, Application
Nos. 172, 173, 175-185 and Application Nos. 200-202).
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion passed 4 to 0.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 8:44 p.m.
to discuss the following:
SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING ACQUISITION OF REAL PROPERTY FOR THE
CONSTRUCTION AND/OR EXPANSION OF PUBLIC SAFETY AND
CITY SERVICE FACILITIES.
2. SECTION 551.072 - REAL PROPERTY: CONSULTATION WITH
CITY ATTORNEY REGARDING ACQUISITION OF REAL
PROPERTY FOR EXPANSION OF CITY FACILITIES, INCLUDING
BUT NOT LIMITED TO THE EXPANSION AND/OR RELOCATION
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OF ADMINISTRATIVE OFFICES, PUBLIC LIBRARY, AND
MEETING FACILITIES.
3. SECTION 551.072 - REAL PROPERTY: CONSULTATION WITH
THE CITY ATTORNEY REGARDING ACQUISITION OF REAL
PROPERTY FOR SOUTHWEST ENVIRONMENTAL CENTER.
NEW BUSINESS (CONTINUED):
Council returned from executive session at 9:25 p.m.
COUNCIL ACTION - DIRECTION TO STAFF REGARDING ACQUISITION OF REAL
PROPERTY FOR THE CONSTRUCTION AND/OR EXPANSION OF PUBLIC SAFETY
AND CITY SERVICE FACILITIES.
Councilmember Cole made the motion, seconded by Councilmember Tetens to authorize
the staff to proceed with the acquisition of real property and right of ways for the
construction and/or expansion of Public Safety and City Service facilities in accordance
with statutory requirements and discussion of the City Council and Staff in Executive
Session.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0.
City Attorney Amy McCullough informed Council that these two items could be acted
upon together.
COUNCIL ACTION - DIRECTION TO STAFF REGARDING ACQUISITION OF REAL
PROPERTY FOR EXPANSION OF CITY FACILITIES, INCLUDING BUT NOT LIMITED
TO THE EXPANSION AND/OR RELOCATION OF ADMINISTRATIVE
OFFICES, PUBLIC LIBRARY, AND MEETING FACILITIES.
COUNCIL ACTION - DIRECTION TO STAFF REGARDING ACQUISITION OF REAL
PROPERTY FOR SOUTHWEST ENVIRONMENTAL CENTER.
Councilmember Cole made the motion, seconded by Councilmember Tetens to
authorize the City Attorney or her designee to enter into an agreement with Mayor, Day,
Caldwell, and Keeton for legal assistance in the acquisition of real property for the
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47
expansion of City Facilities including but not limited to the expansion and/or relocation
of Administrative Offices, Public Library, meeting facilities and the Southwest
Environmental Center.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0.
ADJOURNMENT
Meeting was adjourned at 9:35 p.m.
Minutes approved as submitted and/or corrected this the day of
A.D. , 1997.
Tom Reid
Mayor
Page 15 of 15 - 8/11
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date e _` 19 ?7
No. Date 19
No. Date 19
No. Date 19
No. Date 19
d\sOirt. 6,07-1
Editor
Subscribe and sworn to before me this 21 day of
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19 4) 1
lotary'tulalic,. #ate o s
WiRbS
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Schedule A
Unencumbered Fund Balances
The following estimated balances will be left in the unit's property tax accounts at the
end of the fiscal year. These balances are not encumbered by a corresponding del::
obligation.
1997 Property Tax Rates Type of Property Tax Fund Balance
in CITY OF PEARLAND INTEREST&SINKING $356,272
This notice concerns 1997 property tax rates for CITY OF PEARLAND. It presents Schedule B
information about three tax rates. Last year's tax rate is the actual rate the taxing 1997 Debt Service
unit used to determine property taxes last year. This year's effective tax rate would The unit plans to pay the following amounts for long-term debts that are secured by
impose the same total taxes as last year if you compare properties taxed in both property taxes. These amounts will be paid from property tax revenues(or additional
years. This year's rollback tax rate is the highest tax rate the taxing unit can set sales tax revenues,if applicable).
before taxpayers can start tax rollback procedures. In each case these rates are Principal or Interest to be
found by dividing the total amount of taxes by the tax base(the total value of Contract Payment Paid from Other
taxable property)with adjustments as required by state law. The rates are given per Description to be Paid from Property Amounts Total
$100 of property value. of Debt Property Taxes Taxes to be Paid Payment
Last year's tax rate: IMP. BOND $250,000 $8.500 $0 $258,500
Last year's operating taxes $4,863,753 1988
Last year's debt taxes S 1.476.689
Last year's total taxes $6,340,442 REF. BOND $0 $466,082 $0 $466,082
Last year's tax base $912,293.840 1990
Last year's total tax rate 0.695000/$100 C.O. 1991 $135,000 $99,300 $0 $234,300
This year's effective tax rate: IMP. BOND $100,000 $110.575 $0 $210,575
Last Year's adjusted taxes $6.331,396 1992
(after subtracting taxes on lost property) C.O. 1995 $140,000 $277,970 $0 $417,970
This year's adjusted tax base $950,442.731
(after subtracting value of new property) C.O. 1997 $503.280 $0 $0 $503.280
= This year's effective tax rate 0.666152 /$100 BANK FEE $0 $0 $5,000 $5,000
x 1.03 —maximum rate unless unit publishes notices and REF. BOND $655,000 $209,014 $0 $864.014
holds hearing 0.686136/$100 1993
This year's rollback tax rate: Total required for 1997 debt service $2,959,721
Last year's adjusted operating taxes $4,009,351 - mount(if any)paid trom funds listed in Schedule A $356,272
(after subtracting taxes on lost property and adjusting - Excess collections last year $0
for transferred function) = Total to be paid from taxes in 1997 $2,603,449
/ This year's adjusted tax base $950,442.731 + Amount added in anticipation that the unit will
= This year's effective operating rate 0.421840/$100 collect only 100.00°0 of its taxes in 1997 $0
x 1.08 =this year's maximum operating rate 0.455587/$100 = Total debt levy $2,603,449
-t This year's debt rate 0.255030/$100
k = This year's rollback rate 0.710617/$100
It i'iis notice contains a summary of actual effective and rollback tax rates'calculations.
You can inspect a copy of the full calculations at 2337 N. GALVESTON
" ? PEARLAND,TX..
Name of person preparing this notice: JO KNIGH'1
Title: TAX ASSESSOR,'COLLECTOR
Date prepared: AUGUST 4. 1997