Loading...
HomeMy WebLinkAboutLibrary - Warranty Deed - EDM Properties, L.C. - 416 S FRIENDSWOOD DR (9247600) 9247000 008- 58- 0383 WARRANTY DEED G.F. #92081204 Date: November 25, 1992 Grantor: EDM PROPERTIES, L.C. Grantor's Mailing address (including county): P.O. BOX 2003 FRIENDSWOOD, GALVESTON COUNTY, TEXAS 77546 Grantee: CITY OF FRIENDSWOOD Grantee's Mailing Address (including county): 109 E.WILLOWICK AVE. FRIENDSWOOD, GALVESTON COUNTY, TEXAS 77546 Consideration: TEN AND N01100 DOLLARS ($10.00) and other valuable consideration Property (including any improvements): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. Reservations from and exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time; Easements, rights-of-way, and prescriptive rights, concerning the property, of record. All presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property. All zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent they are still in effect relating to the hereinabove described property. Grantor,for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs,executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. 416 S. r ' ^2CS- �w;0 � D3. %) Ear) Fl= (7-f3) gq&-;,3p64. 008- 58- 0584 When the context requires, singular nouns and pronouns include the plural. EDM PROPERTIES, L.C. ROBERT M. ESTLINBAUM, anager DOU LAS C. BLYTAt, Manager �IARTMA- , Manager (Acknowledgment) STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the 1st day of December 19 92 by ROBERT M.ESTLINBAUM,manager, on be of EDM PROPER'T'IES,L.C., a limited liability company. Notary Public, State of Texas Notary's name (printed): P *� 5 mva:^w:+as�ar:ezP:aes pp�y4 tr' Aasif 2G, '1995 ! Notary's commission expires: `•"E dr'"t`O 70 v�*a-•u�m.aaa a•�' (Acknowledgment) STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the 1st day of December 19 92 by DOUGLAS C. BLYTHE, manager, on behalf of PROPERTIES, L.C., a limited liability company. Notary Public, S tdLU of Texas Notary's name (printed): M FF0 MA TREY N ;[§ Notary s commission expires: MY C0u1Ni1510a ch P'nEa STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the 25th day of November 19 92 , by E. F. HARTMAN, JR., manager, on behalf of ED ROPERTIES, L.C., a limit liability company. Notary Publi ,S tate of Texas - . 4 1� Notary's name (print ed): MAm�4GLti TFyvti Notary's commission expires:e u s ow EXPIRES AFTER RECORDING RETURN TO: EXHIBIT "A" 008 - 58 - 0385 GF. NO. 92081204 Lots Nine (9) and Ten (10) , out of the Harvey and Stout Subdivision, of Lots Six (6) , Seven (7) and Eight (8) of FRIENDSWOOD SUBDIVISION, in Galveston County, Texas, according to the map thereof recorded in Volume 315, Page 79, in the Office of the County Clerk of Galveston County, Texas; SAVE AND EXCEPT that certain fifty (50) foot by 100 foot tract of land out of Lot heretofore conveyed to A. A. Green (North corner) recorded in Volume 611, Page 528, in said County Clerk's Office, and SAVE AND EXCEPT a tract five (5) foot by twenty (2 0) feet off the Northeasterly side to the County of Galveston of record in Volume 861, Page 331, in said County Clerk's Office. (Lot 9) I i i 17�Y IV 1 , STATE OF TEXAS COUNTY OF GALVESTCpt hereby certify that this instrument was filed on the date and time stamped hereon by me and z x zti was duly recorded in the Official Public Records 3 lt- u i of Real Property of Gd-nstcn County Teas,on i DEC 2 1992 COUNTY CLERK Fr su £,T , .!on co nrt:• GALVESTON CO., TEXAS HOUSTON TITLE Since 1892 9247000 008- 58- 0383 WARRANTY DEED G.F. #92081204 Date: November 25, 1992 Grantor: EDM PROPERTIES, L.C. Grantor's Mailing address (including county): P.O. BOX 2003 FRIENDSWOOD, GALVESTON COUNTY, TEXAS 77546 Grantee: CITY OF FRIENDSWOOD Grantee's Mailing Address (including county): 109 E.WILLOWICK AVE. FRIENDSWOOD, GALVESTON COUNTY, TEXAS 77546 Consideration: TEN AND N01100 DOLLARS ($10.00) and other valuable consideration Property (including any improvements): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. Reservations from and exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time; Easements, rights-of-way, and prescriptive rights, concerning the property, of record. All presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property. All zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent they are still in effect relating to the hereinabove described property. Grantor,for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs,executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. 416 S. r ' ^2CS- �w;0 � D3. %) Ear) Fl= (7-f3) gq&-;,3p64. 008- 58- 0584 When the context requires, singular nouns and pronouns include the plural. EDM PROPERTIES, L.C. ROBERT M. ESTLINBAUM, anager DOU LAS C. BLYTAt, Manager �IARTMA- , Manager (Acknowledgment) STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the 1st day of December 19 92 by ROBERT M.ESTLINBAUM,manager, on be of EDM PROPER'T'IES,L.C., a limited liability company. Notary Public, State of Texas Notary's name (printed): P *� 5 mva:^w:+as�ar:ezP:aes pp�y4 tr' Aasif 2G, '1995 ! Notary's commission expires: `•"E dr'"t`O 70 v�*a-•u�m.aaa a•�' (Acknowledgment) STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the 1st day of December 19 92 by DOUGLAS C. BLYTHE, manager, on behalf of PROPERTIES, L.C., a limited liability company. Notary Public, S tdLU of Texas Notary's name (printed): M FF0 MA TREY N ;[§ Notary s commission expires: MY C0u1Ni1510a ch P'nEa STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the 25th day of November 19 92 , by E. F. HARTMAN, JR., manager, on behalf of ED ROPERTIES, L.C., a limit liability company. Notary Publi ,S tate of Texas - . 4 1� Notary's name (print ed): MAm�4GLti TFyvti Notary's commission expires:e u s ow EXPIRES AFTER RECORDING RETURN TO: EXHIBIT "A" 008 - 58 - 0385 GF. NO. 92081204 Lots Nine (9) and Ten (10) , out of the Harvey and Stout Subdivision, of Lots Six (6) , Seven (7) and Eight (8) of FRIENDSWOOD SUBDIVISION, in Galveston County, Texas, according to the map thereof recorded in Volume 315, Page 79, in the Office of the County Clerk of Galveston County, Texas; SAVE AND EXCEPT that certain fifty (50) foot by 100 foot tract of land out of Lot heretofore conveyed to A. A. Green (North corner) recorded in Volume 611, Page 528, in said County Clerk's Office, and SAVE AND EXCEPT a tract five (5) foot by twenty (2 0) feet off the Northeasterly side to the County of Galveston of record in Volume 861, Page 331, in said County Clerk's Office. (Lot 9) I i i 17�Y IV 1 , STATE OF TEXAS COUNTY OF GALVESTCpt hereby certify that this instrument was filed on the date and time stamped hereon by me and z x zti was duly recorded in the Official Public Records 3 lt- u i of Real Property of Gd-nstcn County Teas,on i DEC 2 1992 COUNTY CLERK Fr su £,T , .!on co nrt:• GALVESTON CO., TEXAS HOUSTON TITLE Since 1892 scale: 1" This property is not located in the 1 00 year flood plain, & is in insurance rate map zone X, as per mop 48546B 0005 0, dated June ..3, 19B8_ /14 'L" s fnd 1" PTP ..3' chain link fence 4-0• 20 0 20 40 BO F••t ., . ., 0 .06 .oo/ 5 ., tx /, .,. •. •. ,. •·•. C{lSJtr\!7111?1 a. @t:l@mfi !eloo11><11nwn�n,ooo NOTES Basis for bearings: assumed as platted - Distances shown are true ground distances � TEXAS LAND TITLE SURVEYORS 12450 Highway .3 Webster, Texas 77598 (713)488-5592 •. ,. ., .. , ., •. concrete.·· �. parking •· .. . .. .. ,. . , ., ..s, prop corner 1 . ..3' w. 0.7' S vof fnd 1" IP IIIIZ!, ,s, .. .,,. " ..Sc, . . . 5t 5 . · SJ .. S· � .IS, . � •. ·;/ ., ., .-s-0°0 . . ·Rooo ..tx / •� '. . ., ,. . ..Sc, �'. 0 '> o. .. .. x • • -5' ,,... 'z. '.. ' ., .. .. , . � 416 s F. c.oM>•ooO 1/ ... parl<ing • ' � � conc;ete � . ,. ... :· LG ./. .. �-., '· ... ., •. ,, ., story brick building 0 (slab) .,_ .,. �· ,o • ,,<' (' '<C-0 <'" 00 ...:s.� �- . . .. �- ' ''-'-'- ' I/ /. •./ ., 0 ., . .. � ... '-'-'-'I V / ··;1 .... 00 0 . ' � " ,, ., --�-' . , . ··• . :· ., .. ., ., ., . •. .. . , ., e, ..-1 / ,. .. •' .. 0 ., � ()' ., ·,0 0 .. o .• oo < e, tx5 '< 'I, � 0 LAND TITLE SURVEY OF A TRACT OF LANDknown as the SW 290 feet of Lots 9 & 1 0, Harvey & Stout Subdivision of Lots 6, 7 & B, Blocl<. 2. Friendswood. Go/vestion County, Texas,save & except the northerly 50' x 90' of said Lot 9. I hereby certify that this survey was made on under my direct supervision and that this plat represents the facts found at the time of the �/�/ Lourence C. Wall R.P.L.S. #4B14 the ground correctly survey. June 22, 1992 D 11'_ € r 73698 800X 2,00_ PA,13� THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON j( THAT Community Public Service Company, a Texas corporation, of the County of Tarrant, State of Texas , in consideration of the sum of TEN and N0 1100 DOLLARS ($10.00) , and other good and valuable consideration to it paid by the City of Friendswood, Texas , the receipt of which is hereby acknowledged, has granted, sold, and conveyed and by these presents does grant , sell, and convey unto the said City of Friendswood of Galveston County, Texas , all that certain property situated in Galveston County, Texas , described as follows , to-wit: That certain tract or parcel of land out of and a part of Lot 9, in Block 2, Friendswood Subdivision in Galveston County, Texas , according to the Plat of said subdivision recorded in Vol. 254-A, Page 18, in the office of the County Clerk of Galveston County, Texas , and also being known as Lots 15 and 16, of Hoover Subdivision, an unrecorded Subdivi- sion out of the Southeast one-half of Lot 9, Block 2, of Friendswood Subdivision, in Galveston County, Texas , said tract hereby conveyed being more particularly described by metes and bounds as follows , to-wit: Beginning at the most Southerly corner of Block 1, of Harwood Subdivision, in Galveston County, Texas , according to the Plat thereof recorded in Vol. 254-A, Page 88, in the office of the County Clerk of Galveston County, Texas , said point also being the most Northerly corner of the intersection of Spreading Oaks Avenue and Morningside Drive; THENCE South 450 0' West 60 feet to the most Westerly corner of said intersection, and the place of beginning of the tract hereby con- veyed; THENCE South 450 00 ' West along the Northwesterly line of Spreading Oaks Avenue, a distance of 140 feet to a point for corner; THENCE North 450 00 ' West, a distance of 185 feet to a point for corner; THENCE North 450 00' East parallel with the Northwesterly line of Spreading Oaks Avenue, a distance of 140 feet to a point for corner; THENCE South 450 00 ' East, a distance of 185 feet to a point for corner and the PLACE OF BEGINNING, and containing 0.595 acre of land, more or less . TO HAVE AND TO HOLD the above described premises , together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said City of Friends- wood, its successors and assigns forever; and the said Community Public Service Company, grantor herein, does hereby bind itself, its successors and assigns to warrant and forever defend all and singular the said premises unto the said City of Friendswood, its successors and assigns , against every person whomsoever lawfully claiming or to claim the same, or any part thereof. IN WITNESS WHEREOF the said corporation has caused these presents to be signed by its said president, and its corporate seal to be hereunto affixed by its secretary, this the a?' day of 1968 . COMMU`NITTYY PUBLIC SERVICE COMPANY By C. L. COOKE, President ATTEST". -FREDERICK,-G. VON HUBEN, Secretary 300A `7 THE STATE OF TEXAS j( COUNTY OF TARRANT Before me, the undersigned authority, a Notary Public in and for Tarrant County, Texas , on this day personally -2- 800r �� PAGE 326 appeared C. L. COOKE, President of Community public Service Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Community Public Service Company, a corporation, and that he executed the same as the act of such corporation for the purposes and considera- tion therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this the a� day of 1968 . Notary Public, in and for T rrant County, Texas QL Jvi STATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the named records of Galvestona County, Texas as stamped hereon by me. oJNtY CO[/q G T O G7 N �0N coue� COUNTY CLERK,Galveston county,_Texa€ � L D FOR RE ORD at _ n'rf^r M DEC 27 1868 GERTRU E Mcri v}V CLERK 0 CT, GALVESTON CW,ITY, TEXFlS sY Et !�l'Guuti-t°-C�Ceputyi -3- 4-4-- ' ( 0 U + 73698 ROOF?f 1�_$ flu 324 THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON X THAT Community Public Service Company, a Texas corporation, of the County of Tarrant , State of Texas , in consideration of the sum of TEN and N0/100 DOLLARS ($10. 00) , and other good and valuable consideration to it paid by the City of Friendswood , Texas , the receipt of which is hereby acknowledged, has granted, sold, and conveyed and by these presents does grant , sell , and convey unto the said City of Friendswood of Galveston County, Texas , all that certain property situated in Galveston County, Texas , described as follows , to-wit : That certain tract or parcel of land out of and a part of Lot 9 , in Block 2, Friendswood Subdivision in Galveston County, Texas , according to the Plat of said subdivision recorded in Vol . 254-A, Page 18 , in the office of the County Clerk of Galveston County, Texas , and also being known as Lots 15 and 16, of Hoover Subdivision, an unrecorded Subdivi- sion out of the Southeast one-half of Lot 9 , Block 2, of Friendswood Subdivision, in Galveston County, Texas , said tract hereby conveyed being more particularly described by metes and bounds as follows , to-wit : Beginning at the most Southerly corner of Block 1, of Harwood Subdivision, in Galveston County, Texas , according to the Plat thereof 1 recorded in Vol. 254-A , Page 88 , in the office of the County Clerk of Galveston County, Texas , said point also being the most Northerly corner of the intersection of Spreading Oaks Avenue and Morningside Drive ; THENCE South 450 0 ' West 60 feet to the most Westerly corner of said intersection, and the place of beginning of the tract hereby con- veyed; THENCE South 450 00 ' West along the Northwesterly line of Spreading Oaks Avenue, a distance of 140 feet to a point for corner ; T • t THENCE North 450 00' East parallel with the Northwesterly line of Spreading Oaks Avenue, a distance of 140 feet to a point for corner ; THENCE South 450 00 ' East, a distance of 185 feet to a point for corner and the PLACE OF BEGINNING , and containing 0.595 acre of land, more or less . TO HAVE AND TO HOLD the above described premises , together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said City of Friends- wood, its successors and assigns forever ; and the said Community Public Service Company, grantor herein, does hereby bind itself, its successors and assigns to warrant and forever defend all and singular the said premises unto the said City of Friendswood, its successors and assigns , against every person whomsoever lawfully claiming or to claim the same, or any part thereof. IN WITNESS WHEREOF the said corporation has caused these presents to be signed by its said president, and its corporate seal to doz&,� be hereunto affixed by its secretary, this the a72Zday of , 1968 . COMMUNITY PUBLIC SERVICE COMPANY By C . L. COOKE, President ATTEST: FREDERICK G. VON HUBEN, Secretary 800A facF3 5 THE STATE OF TEXAS COUNTY OF TARRANT 1 • y 800A 2001 appeared C. L. COOKE, President of Community Public Service Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Community Public Service Company, a corporation, and that he executed the same as the act of such corporation for the purposes and considera- tion therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this the day of4 , 1968 . c:-;,�- )C2L Z2�4� Notary Public , in and for T rant County, Texas .ttHie? , STATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the named records of Galveston County, Texas as stamped hereon by me. D E G 2 71968 r cosy V, op D FOR RE ORD COUNTY CLERK,Galveston County,Texas AIL ,at -- DEC 27 1968 0 o n r o� m rt ►17 O O � n � I rt L X H. rt Cl) rlt to V m V 1-3 1P V rt a o H. rt W O O rt N :J O MM� W G r• PA m c�a a e e r WARRANTY DEED ,� t ... L D 73702 THE STATE OF TEXAS X Bici ?0010 ' PnE 33 6 j KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON X THAT S. STANLEY PERRY, joined herein by his wife, FRANCES O. PERRY, of the County of Galveston, State of Texas, in consideration of the sum of Ten and No/100 ($10. 00) Dollars, and other good and valuable consideration to them in hand paid by the City of Friendswood, Texas, the receipt of which is hereby acknowledged, have granted, sold and conveyed and by these presents do grant, sell and convey unto the said City of Friends- wood of Galveston County, Texas, all that certain property situated in Galves- ton County, Texas, described as follows, to-wit: A tract of land out of Lot 2, Block 4, of the Friendswood Subdivision of the Sarah McKissick or J. R. Williams League, Galveston County, Texas. Described by metes and bounds as follows: COMMENCING at the North corner of Lot 2, Block 4, which point is also the West corner of Lot 1, Block 4 said point being in the center line of a 60 foot public road; THENCE Southwest, along the Northwest line of Lot 2, and the Center line of said 60 foot public road, a dis- tance of 226. 5 feet; THENCE Southeast, parallel with the Northeast line of Lot 2 a distance of 165 feet to the North corner, and BEGINNING corner of the tract herein described; THENCE continuing Southeast, parallel with the North- east line of Lot 2, a distance of 135 feet to the Northwest line of a public road to point for corner; THENCE in a Southwesterly direction, along the Northwest boundary line of a public road, along the arc of a circular curve to the right having a radius of 83. 39 feet and a cen- tral angle of 380 21' 30. 911, a distance of 55. 83 feet to the end of said curve and the beginning point of a circular curve to the left having the same radius and central angle as the aforesaid curve, thence in a Westerly to Southwesterly dir- ection, along the arc of said curve to the left a distance of 55. 83 feet to the end of said curve, said point being North 450 West a perpendicular distance of 396 feet from the Southeast line of said Lot 2, to point for corner; THENCE Northeast parallel with the Northwest line of Lot 2 a distance of 103. 5 feet to the beginning point of the tract herein described. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise be- longing unto the said City of Friendswood, its successors and assigns for- ever; and the said S. STANLEY PERRY and wife, FRANCES O. PERRY, do hereby bind themselves, their successors, their heirs and assigns to Warrant and Forever Defend all and singular the said premises unto the said City of Friendswood, its successors and assigns against every per- son whomsoever lawfully claiming or to claim the same, or any part thereof. IN WITNESS WHEREOF we hereby affix our signatures this day of 1968. L ' �y2 Stanley Perry ' i ��7 Frances O. Perry THE STATE OF TEXAS COUNTY OF GALVESTON BEFORE ME, the undersigned authority, on this day personally appeared S. Stanley Perry and his wife, Frances O. Perry, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this s day of , 1968. 4 `. f Notary Public in and for , Galveston County, Texas : i 1 BOOK 20()l PACE 1{ v `\l STATE OF TEXAS COUNTY OF GALVESTON fF71 D I hereby certify that this instrument was filed on tho F� n n n D n date and time stamped hereon by me and was duly recorded 1"C / in tha vnlu...., ,...a --- I .. - r WARRANTY DEED 73701 THE STATE OF TEXAS j j KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON I THAT WE, FOREST S. HARPER and wife, LELA A. HARPER, of the County of Galveston, State of Texas, for and in consideration of the sum of Ten and No/100 ($10. 00) Dollars and other good and valuable consideration, cash, the receipt of which is hereby acknowledged and confessed to us in hand paid by the CITY OF FRIENDSWOOD, Texas, a municipal corporation of the County of Galveston, Texas, have granted, sold and conveyed and by these presents do grant, sell and convey, unto the said CITY OF FRIENDS- WOOD, Texas all that certain lot, tract, or parcel of land lying and being situated in the State of Texas, County of Galveston and being more particu- larly described as follows, to-wit: A tract of land out of Lot 2 in Block 4 of Friendswood Subdivision, Galveston County, Texas, described as follows: COMMENCE at a stake located at the center of the in- tersection of Farm-to-Market Road No. 518 and a 60 foot County Road; THENCE along and with the center line of said 60 foot County Road, in a Northeasterly direction, along a line parallel with the Northwesterly boundary line of said Lot 2, a distance of 330 feet; THENCE in a Southeasterly direction, along a line par- allel with the Southwesterly line of said Lot 2, a distance of 30 feet to a point for corner and place of beginning of the tract herein conveyed; THENCE continuing in a Southeasterly direction, along a line parallel with the Southwest line of said Lot 2, a distance of 135 feet to a point for corner; THENCE in a Northeasterly direction, along a line par- allel with the Northwesterly boundary line of said Lot 2 a distance of 103. 5 feet to a point for corner; THENCE in a Northwesterly direction, along a line par- allel with the Southwest line of said Lot 2, a distance of 135 feet to a point for corner; THENCE in a Southwesterly direction, along a line parallel with the Southeasterly line of said Lot 2, a distance of 103. 5 feet to the PLACE OF BEGINNING o c of the tract herein conveyed. The property herein conveyed is and shall be subject to the mint. ' eral reservations set forth in the deed from S. STANLEY PERRY_ and wife, FRANCES O. PERRY to grantors herein, recorded in C Volume 1513, Page 21 of the Deed Records of Galveston County, - �J Texas. CID TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances therein in anywise belonging un- to the said CITY OF FRIENDSWOOD, Texas, its successors and assigns for- ever and we do hereby bind ourselves, our heirs, our executors and adminis- trators to Warrant and Forever Defend, all and singular the said premises un- to the said CITY OF FRIENDSWOOD, Texas its successors and assigns, a- gainst every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS OUT HANDS this day of - .. �,_ �L.- , 1968. _ tom z� FOREST S. H PER , LELA A. HARPER THE STATE OF TEXAS COUNTY OF �k �e�r� -I BEFORE ME, the undersigned authority, on this day personally appeared Forest S. Harper and wife, Lela A. Harper, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and con- sideration therein expressed. Given under my hand and seal of office this the day of �ji 1968. `-r`— Notary Public in and for t , Texas L R RF ORD M 7 1968 STO�� STATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed on the date and time stamped hereon by me r.d was duly recorded in the volume and page of the narr.cd records of Galveston County, Texas as stamped hereon by ma. co U E G 2 71968 oJatY (( D ����COOKS COUNTY. CLER,,,Galveston County,Texas BOOR 20 0_ PAGE 335 J 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED DEEDS CONVEYING TWO TRACTS OF LAND TO COMMUNITY PUB- LIC SERVICE COMPANY OF TARRANT COUNTY, TEXAS. WHEREAS, the City of Friendswood, Texas has agreed with the Community Public Service Company, a Texas corporation of the County of Tarrant, State of Texas, to purchase a certain tract of land out of and a part of Lot 9, Block 2, Friendswood Subdivision in Galveston County, Texas and also being known as Lots 15 and 16 of Hoover Subdivision, an unrecorded sub- division out of the Southeast 1/2 of Lot 9, Block 2 of Friendswood Subdivision in Galveston County, Texas, and; WHEREAS, the part of the consideration for the purchase of said property includes an exchange of lands as well as a cash consideration of equal amounts being paid by the City of Friendswood to the Community Public Service Company and vice-versa, said land exchanged and conveyed by the City of Friendswood to Community Public Service Company being described below, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, BEING DULY ASSEMBLED THIS 7TH DAY OF OCTOBER, 1968: That the Mayor, Ralph Somers, be authorized to execute the deeds, copies of which are attached hereto and to which reference is made for exact metes and bounds descriptions, said tracts being generally described as follows: A part of Lot 2, Block 4, Tracts 3 and 6 of Friendswood Subdivision, consisting of 13, 362. 5 square feet more or less and 12, 420 square feet more or less making a total of approximately 25, 782. 5 square feet more or less. ADOPTED unanimously this 7th day of October, 1968. Ralph S mers, Mayor, City of Friendswood Texas ATTEST: Mayor EVELYN NEWMAN W Councilmembers KITTEN HAJECATE �(,� O �rLLEYL��.UTOO MEL P. MEASELES y TOM MANISON 109 WILLOWICK 713/482-3323 ED STUART HAROLD RALEY FRIENDSWOOD, TEXAS 77546-3898 JANIS LOWE City Manager RONALD E.COX City Secretary DELORIS McKENZIE,T.R.M.C. FRIENDSWOOD LIBRARY 416 Morningside YEAR BUILT: 1970 That certain tract or parcel of land out of and a part of Lot 9, in Block 2, Friendswood Subdivision in Galveston County, Texas, according to the - plat of said subdivision recorded in Vol. 254-A, Page 18, in the Office of the County Clerk of Galveston County, Texas, and also being known as Lots 15 and 16, of Hoover Subdivision, an unrecorded subdivision out of the Southeast one-half of Lot 9, Block 2, of Friendswood Subdivision, in Galveston County, Texas,*sa5.d-tract hereby conveyed being more particularly described by metes and bounds as follows, to-wit: Beginning at the most Southerly corner of Block 1, of Harwood Subdivision, in Galveston County, Texas, according to the Plat thereof recorded in Vol. 254-A, Page 88, in the office of the County Clerk of Galveston County, Texas, said point also being the most Northerly corner of the intersection of Spreading Oaks Avenue and Morningside Drive; THENCE South 450 0' West 60 feet to the most Westerly corner of said inter- section, and the place of beginning of the tract hereby conveyed; THENCE South 450 00' West along the Northwesterly line of Spreading Oaks Avenue, a distance of 140 feet to a point for corner; THENCE North 450 00'West, a distance of 185 feet to a point for corner; THENCE North 450 00' East parallel with the Northwesterly line of Spreading Oaks Avenue, a distance of 140 feet toa point for corner; THENCE South 450 00' East, a distance of 185 feet to apoint for corner and the PLACE OF BEGINNING, a nd containing 0.595 acres of land, more or less. w Contract STATE OF TEXAS X X COUNTY OF GALVESTON X THIS AGREEMENT, made this 12,4�, day of June, 1969, between the City of Friendswood, Texas (acting herein by-and through its duly authorized officials), hereinafter referred to as Owner, and Poison Construction Company, a Texas corporation, hereinafter referred to as Contractor. WITNESSETH: ARTICLE 1 THE WORK Contractor shall furnish all of the materials and perform all of the work necessary to construct a public library building in accordance with the drawings and specifications entitled Friendswood Public Library, and shall do everything required by this Agreement, the General Conditions of the Contract, the specifications and the drawings. ARTICLE 2 THE CONTRACT DOCUMENTS The General Conditions of the Contract, the specifications and the drawings, and any addenda or amendments thereto, are included in this Agreement by reference, and they are as fully a part of the Contract as if hereto attached or herein repeated. Included in the Contract Documents are the following: DRAWINGS AND SPECIFICATIONS ENTITLED: Friendswood Public Library Commission No. 6814 DRAWINGS AND SPECIFICATIONS CONSIST OF: Drawings - Sheets A-1 through M-1 dated as shown in the title block. Specifications - Pages A through Final . i ADDENDA: No. 1 dated May 6, 1969, and No. 2 dated June 6, 1969. CONTRACTOR'S PROPOSAL: Dated May 8, 1969. 100% PERFORMANCE AND PAYMENT BONDS: Dated June, 1969. ARTICLE 3 ARCHITECT The Architect for the project is Matt E. Howard, Jr. of Houston, Texas, and wherever reference is made to the Architect in the Contract Documents, it shall be so construed. ARTICLE 4 CONTRACT SUM Owner shal I pay Contractor for the performance of this Contract, subject to additions and deductions by Change Order (as provided in the General Conditions of the Contract), the sum of One Hundred Four Thousand Nine Hundred ($104,900.00) Dollars. The said contract sum is based on the bid proposal of Contractor dated May 8, 19691 with modifications, as follows: (a) Base Bid $ 110,400.00 (b) Alternates Accepted: Alternate 2. deduct $ 1,000.00 Alternate 4. deduct 2,200.00 Alternate 9. deduct 1,000.00 Alternate 10. deduct 1,300.00 ARTICLE 5 TIME OF COMMENCEMENT AND COMPLETION ^ GoA4MFNG""0 The work to be performed under this Contract shall be wed immedi- ately upon the issuance of a Work Order by the Architect, and completed on or before the expiration of one hundred and thirty (130) calendar days thereafter. Contractor agrees to pay to Owner, as I iquidated damages, (and not as a penalty), the sum of Twenty-five ($25.00) Dollars for each day the Work required by this Agreement is incomplete after one hundred thirty (130) calendar days has elapsed from the date of beginning. The parties agree that it is impossible to accurately deter- mine the damages which Owner will sustain as a result of any delay, and the sum of Twenty-five ($25.00) Dollars per day is agreed upon by the parties as full liquidation of damages suffered by Owner as the result of any delay. ARTICLE 6 INSURANCE Before commencing work, the Contractor shall furnish the Architect evidence that the insurance required by the Contract Documents is in full force and effect. Contractor will maintain the required insurance during the entire period until final acceptance of the Work by Owner. ARTICLE 7 PROGRESS PAYMENTS Owner shall make payments to Contractor as follows: On or about the tenth (loth) day of each month, Owner will pay Contractor ninety (90%) per cent of the value of the completed a� Work in accordance with the Schedule of Values, agreed to by U Owner Axgk and Contractor, less the aggregate of previous payments. ARTICLE 8 FINAL PAYMENT Final payment shall be made within thirty (3)) days after the Contract has been fully performed to the satisfaction of Owner, and Architect has issued a final Certificate of Payment. Upon receipt of written notice that the Work is ready for final inspection and acceptance, the Architect and Owner shall make such inspection. If the Work is found to be acceptable, and the Contract fully performed, the Architect will promptly issue a final Certificate of Payment aithorizing payment of the entire balance found to be due Contractor. Owner agrees to make payment of the amount due Contractor, as reflected by said Certificate, within thirty (30) days after the receipt of such Certificate. r' r The Owner, before ma'<ing final payment, may require the Contractor to susmit evidence, satisfactory to Owner, that all payrolls, material bills and other indebtedness connected with the Work, have been paid. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in triplicate originals this, the /ZT� day of , 1969. CITY OF FR NDSWOOD, TEXAS Owner Attest: By T� c PAISAN CONSTRUCTION COMPANY Contractor Attest: By <'F �Nosw000 r, ry f ��� o 9OLLend1wood y . � � i 2 3 TEX SEP 1993 cP N �o N RECEIVED o CITY OF FRIENDSWOOD CITY SECRETARY September 1, 1993 pX Mr. Jim Mayfield Jim Mayfield and Co. Adjusters, Inc. Post Office Box 35 Friendswood, Texas 77546 Re: Your letter dated August 30, 1993 Dear Mr. Mayfield: I am not aware of any impropriety concerning the acquisition of the Atrium building. If you would like to meet with me to discuss any facts you have to the contrary, please let me know. Sincerely, Ronald E. Cox City Manager REC/ksn cc Mayor and Councilmembers 109 East Willowick Avenue • Friendswood, Texas 77546-3898 • (713) 482-3323 8-31-93 cc: M & C • �irn rJV ayfiEfa and Co. - (:::-,4c 1i a-,itEL.i, ffnc. Friendswood — Houston Phone (A/C 713) 482-1946 • 482-1720 P. O. Box 35, Friendswood, Texas 77546 Fax: 713-482-1721 ,= August 30, 1993 h, Ron Cox, City Manager City of Friendswood City Hall Friendswood, Texas 77546 Dear Mr. Cox: I am extremely pleased that an investigation is going to be made into the City's purchase of the Atrium Building. We agree with Mr. Pat St. Cricq that the list of questions Mr. Stuart passed on to you is not sufficient to make a thorough investigation which would include investigating some of the City Councilman. Attached is a letter I wrote City Councilman Harold Raley on October 6, 1992, as well as a copy of the letter I received in return from Mayor Newman. I am unable to accept her explanation of this situation. It is sincerely hoped that the investigation of this rip-off purchase is going to be something -more than just a whitewash-type situation. If there is any information I can pass on I will be most happy to do SO. Very truly yours, J' ayfield i JM:ml cc: Mr. Pat St. Cricq 303 West Viejo Friendswood, Texas 77546 Mayor EVELYN NEWMAN rCouncilmembers O 9TIL'Enalwo0al KITTEN HAJECATE MEL P. MEASELES TOM MANISON 109 WILLOWICK 713/482.3323 ED STUART FRIENDSWOOD, TEXAS 77546.3898 A. FRANK D E RALVICH City Manager RONALD E. COX City Secretary tober 21, 1992 DELORIS ARCHER, CMC Jim Mayfield and Co. - Adjusters, Inc. Att: Mr.. ji». Mayfield P.O. Box 35 Friardswcod, Tayms 77546 Dear Mr. Mayfield, In resperse to your letter dated October 6, 1992, regarding the Atrium Building_ After receiving bids on expanding cur present librarg facility, which seemed prohibitive at $1,500,000.00, we were told that the Atrium Building we had looked at five or six years before, might be available.. We contacted the owner and. he gave us a price which we took back to Council and. City Attorney and. ne-goti.ated: the price down. At the time the. Atrium Building was for sale, the City and Council had not considered moving the Library from its present site. But as related, the cost of expansion seemed. prohibitive. We appreciate your concern and regret the inconvenience to the lessees of the property and as expressed to the owner of the building, that we would give them through March to relocate. As to the tax base, as being respon;si.ble for the property taken off the tax roll, we are also aware of the properties corning on the taa. roll. Sincerely, Evelyn B. Newman Mayor E /It cc. Councilmembets cm CMay f«[d an Co. - c4dia-,itETA, JnC. Friendswood — Houston Phone (A/C 713) 482-1946 • 482-1720 P. O. Box 35, Friendswood, Texas 77546 Fax: 713-482-1721 October 6, 1992 Harold Raley, City Councilman City of Friendswood 125 St. Cloud Friendswood, Texas 77546 Dear Sir: This seems to be the time to talk politics so let's do it! It is my understanding that you are a member of City Council and, further, that you headed the committee to seek larger quarters for the City Library. I understand further that sometime back the City of Friendswood looked at the Atrium Building located at 416 South Friendswood Drive in Friendswood and found the asking price too high. This building has been controlled by a bank for quite a number of years and has been for sale. We, Jim Mayfield and Co. — Adjusters, Inc. , have been tenants of this building since January 1, 1986. Our business has been in Friendswood for a little over 20 years and we have seen a lot of maneuvers in that period of time. Further, it is my understanding that even though you headed the Library Commission as a Friendswood City Councilman, you were out of town or perhaps out of State when the balance of the Council decided to purchase the Atrium Building. We understand the purchase price was about $462,000.00 and we understand further that the present owner of the Atrium Building had just purchased this building from the bank for $225,000.00. Any way you want to look at it, it is right at a quarter of a million dollar profit for a several month investment. I wonder why all of this took place when you were out of town since it was your committee responsible for finding property for the City Library. I also wonder why this astronomical profit was paid for the purchase of the building. Surely the City Council had access to information as to what had been paid for the building some three months prior to the time it was purchased by the City of Friendswood. This reminds me very much of a transaction that took place several years ago when the City purchased the property next to the Fire Station where City Hall was to be built. Apparently the City still owns the property but there is no City Hall there. Further, we understand that the good City Council is contemplating purchasing or attempting to purchase the Cedarwood Office Building a little bit further south of the Fire Department. Harold Raley, City Councilman Page Two October 6, 1992 Now why in the world would the City Council want to do this? I realize Friendswood is not a poor community but by the same token we are not the richest town in the area either. By purchasing the Atrium Building the City has eliminated a prime tax source and if they purchase the Cedarwood Office Building then they are even throwing away a more pronounced prime tax source. Since the City felt like giving away almost a quarter of a million dollars why didn't they consider giving this to the Police Department? It could be used there for the benefit of all of us. I suppose politics is not supposed to be a clean business, but it gets real nauseous when it happens in your own small town. Further, it is a slap in the face to the residents of Friendswood when we know that taxes will be increased. I am looking at it from that standpoint as well as a selfish standpoint in that it will cost me several thousand dollars to get moved and set up at another business location. Should you care to display this letter to your fellow councilmen, the mayor, and Police Department please feel free to do so. Since the Houston Post and Houston Chronicle investigated the land deal mentioned above, I cannot help but believe they might be interested in this situation. It is my intention to call both the Post and the Chronicle. Very truly yours, Jim Mayfield JM:ml a STArTUTQRY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 (McGregor Act—Public Works) (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, ------- AISAN--CONSTRUCTION--COMPANY _--HOUSTON-,-.TEXAS------------------------------------------------------------------------ (hereinafter called the Principal), as Principal, and TRANSAMERICA INSURANCE COMPANY,a corporation organized and existing under the laws of the State of California, with its principal office in the City of Los Angeles, California (hereinafter called the Surety), as Surety, are held and firmly bound unto----CITY--------- QF..FRIENDSWOOD_,.A-POLITICAL_-SUBDIVISION..OF__THE.-STATE__Of-TEXAS.------------------------------------------------ (hereinafter called the Obligee) in the amount of---QHE--HUKDREP--- OUR_-THOUS{AND,-_KNE-RUNDREQ--_-------- Dollars ($_1 -------), for the payment whereof,the said Principal and Surety bind themselves,and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ---------/...------.day of------- JUNE-------------------------- 19.69--, to-----CONSTRUCT--FRIENDSWOOD.-PUBLIC------------- LIBRARY, FRIENDSWOOD, TEXAS PROJECT NO. 6NO6814 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Prin- cipal shall faithfully perform the work in accordance with the plans,specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ..........1-2-----------day of---JUNK-------------------------------- 19.69__. Witness: ----------------------------------------------------------------------------(Seal) ---------------------------------------------------------------------------------------- ----------------------------------------------------------------------------(Seal) �--- f Individual or, irm) test: -_-PAISAN__CONSTRUCTIO----COMPANY_____________(Seal) - ---- --- -= - -- -- ------ -- -- -------------- ---�- '' BY y,� ,®p--- -------(Seal) (If Corporation) PRESIDENT Principal TRANSAMERICA INSURANCE CO ANY Surety w By---- • — ---- ---(Seal) Attor�ey-in- act 1207 TRANSAMERICA INSURANCE COMPANY1 HOME Oaamz; LOS RK01 FS, 4mp Ila 01ale . STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 (McGregor Act— Public Works) (Penalty of this bond must be 100'%c of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, ...........PAISAN CONSTRUCTION COMPANY, HOUSTON, TEXAS ------------------------------------------------------------------------------------------------------------------------------------------------------- (hereinafter called the Principal), as Principal, and TRANSAMERICA INSURANCE COMPANY,a corporation organized and existing under the laws of the State of California, with its principal office in the City of Los Angeles, California (hereinafter called the Surety), as Surety, are held and firmly bound unto-CITY OF FRIENUSWOOD, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS (hereinafter called the Obligee), in the amount of ONE HUNDRED FOUR THOUSAND, NINE HUNUREU ------------------------------------------------------------------------- Dollars ($-1��900.OU ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ----------1-- - ---day of----------JUNE , 19_69- , to-----CONSTRUCT FRIENUSWOOD PUBLIC -----------I----------------------------------------------- LIBRARY, FRIENDSWOOD, TEXAS PROJECT NO. 6NO6814 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void;otherwise to remain in full force and eff ect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959,and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this l4;.? ----..day of--- JUNE---------------------------------- 19--- 9 . Witness: ------------------------------- --------------------------------------------(Seal) -------------------------------------------------------- -- - -,.(If Individual or Firm) A est: PAISAN CONSTRUCTION COMPANY (Seal) l' - - - ----- ------------------------------------- - ------------ -------- `-- ---- -t-------------- z- ---- --BY.: �'Yl (Seal) -------- -- - - --------- a -- ---- ---- -------- -------- --- -- - (If Corporation) PRESIDENT Principal TRANSAMERICA INSURANCE COMPANY Surety n h,, n - _ - �1 // -_. L /7 , ` I me, TRANSAMERICA INSURANCE COMPANY POWER OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California does hereby make, constitute and appoint Don V. Brelsford and D. Anthony Brelsford of Houston, Harris County, Texas its true and lawful Attorneys)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances or other written obligations in the nature thereof, as follows: Any and all bonds and under- takings for or on behalf of this Company, in its business and in accordance with its Charter, and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of in- demnity, endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obligations and agreements, underwriting undertakings, and.all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by (i) the Board of Directors, 60 the Presi- dent, (iii) any Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person author- ized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimi- le to any power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used bein- hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed". IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 14 day of October 19 68 TRANS ERICA I URANCE COMPANY By T. M. Gregory, i Pre f State of California ) County of Los Angeles ) ss On this 14 day of October 19 68 , before me personally came T. M. Gregory to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Pasadena, State of California that he is a Vice-President of Transamerica Insurance Company, the Corporation described in and which exe- cuted the above instrument;that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it wasr so affixed pursuant to authority given by the Board of Directors of said corp- oration and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. 6(:::- 0./� 4& OFFICIAL SEAL E. CHURCH "m NOTARY PUBLIC-CALIFORNIA E. CHURCH, Notary Public PRINCIPAL OFFICE IN My Commission Expires Julv 17 , 19 70. LOS ANGELES COUNTY (Over) I, F. W. Devine, Assistant Secretary of Transamerica Insurance Company, do hereby certify that the Power of Attorney herein before set forth is still in force, and further certify that Section 30 of Article VII of the By- Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this TE_ l'TH day of JUKE 19 U;y F. W. DEVINE, Assistant Secretary • - --- ............ - . �;• ........ 1;s;I Z s. O;• Aux) OFFICERS DALLAS TITLE AND GUARANTY COMPANY JACK E. CROZIER 0 RLLRS TITLE STIPULATI GENERAL CONDITIONS AND Chairman of the Executive Committee 1. Definition of Terms J. FULTON MURRAY, JR. The*following terms when used in this policy mean: Vice Chairman,Executive Committee n-,n, DRAKE McKEE (a) "lAnd": the land described, specifically or by reference, and irr President nn n cuniinnTY which by constitute real property; ERvIN W. BEAL (b) "public records": those records which impart constructive no Senior Vice President,Secretary&Treasurer said land; T. D. STARNES, JR. co in P n n y (c) "knowledge": actual knowledge,not constructive knowledge or ni Vice President and Title Officer to the Assured by reason of any public records; and JACK SOMMERFIELD (d) "date": the effective date, including hour if specified. Vice President 2. Exclusions from the Coverage of this Policy L. H. GROSS This policy does not insure against loss or damage by reason of the f Vice President GEORGE W. JAMES p (a) The refusal of any person to purchase, leasq or lend money on (b) Governmental rights of police power or eminent domkin unles Vice President 17/M 0 such rights appears in the public records at the date hereof; and the consequ ....... E. L SHEPPARD or governme ntal regulation including but not limited to building and zonir Assistant Vice President G. GOODWIN SWEATT (c) Any titles or rights asserted by anyone, including but not limit governments or other entities to tidelands, or lands comprising the shore Assistant Vice President perennial rivers and streams, lakes,bays, gulfs, or oceans, br to any land DFILLRSJURS TESS GOAD 2 mean low tide to the line of vegetation, or to lands beyond the line of the I Assistant Secretary and Asst.Title Officer established or changed by any government, or to filled in lands, or artif! CATHERINE GRAY rights, or the rights or interests of the State of Texas or the public gene Assistant Secretary from the line of mean low tide to the line of vegetation or their right of EvELYN RUTHERFORD easement along and across the same. r t t Se cretary (d) Defects, liens, encumbrances, adverse claims against the title i (1) created, suffered, assumed, or agreed to by the Assured at the date of DIRECTORS to the Assured at the date of this policy unless disclosure thereof in writing H. K. ALLEN been made to the Company prior to the date of this policy; or:loss or dan ERvIN W. BEAL c been sustained if the Assured were a purchaser for value without knowl LLOYD S. BOWLES community property or survivorship rights,if any,of any spouse of any AE W. W. CARUTH, JR. 3. Defense of Actions (a) In all cases where this policy provides for the defense of any CLIFTON W. CASSIDY Assured shall secure to the Company the right to so provide defense in sue' JAMES M. CUMBY all appeals therein, and permit it to use, at its option, the name of the JACK E. CROZIER Whenever requested by the Company, the Assured shall give the Compare W. E. COTHRUM such action or proceeding, in effecting settlement, securing evidence, obtain STEWART W. DEVoRE such""IVIL or proceeding. SAM W. FRENCH (b) The Company shall have the right to select counsel of its own c M. A. GENARO to defend any suit or proceeding and such counsel shall have full control L. H. GROSS (c) Any action taken by the Company for the defense of the Assu I..... as insured, or both, shall not be construed as an admission of liability E HUB HILL thereby be held to concede liability or waive any provision of this policy. JAMES J. LANEY 4. Payment of Loss WM. M. LINGO, JR. P. K. LUTKEN, JR. (a) No claim shall arise or be maintainable under this policy for I by the Assured in settling any claim or suit without written consent of the DRAKE McKEE (b) All payments under this policy,except payments made for costs J. FULTON MURRAY OWNER'S shall reduce the amount.of the insurance pro tanto; and the amount of thi J. FULTON MURRAY, JR. any amount the Company may pay under any policy insuring the valid GEORGE E. POSTON,Ill a n JR. POLICY excepted to herein or any instrument hereafter executed by the Assured v WILLIAM C. Ross, the land and the amount so paid shall be deemed payment to the Assure( DR. HERMAN E. ULEVITCH THOS. C. UNIS HENRY WADE tJ LL z. Al- f .l. 1 _ _ .......... .., .. ...c....«�..l.+a;.�.�..�... •aJJra�w.. a:.-`�°r-d' -.at<a.�.rll. Y I GFNo. 43410 Escrow for r'"'.T^^•i-c on"i ' SELLER OR 11 U C A. ER OR MORTGAGEE Property: rn DATE RECEIVED FROM AMOUNT H $ (9, n W z X a n 0 c z -i TOTAL �� s ••�� INSTRUMENTS FILED CHECKS TO TITLE COMPANY Premiums—OP $ ,v-e Premiums—MP Various Binder $ Rev. Stamps Filing Fees ,0v Tax Certificates a-p Escrow Restrictions DATE CHECK TO CHECK NO. $ r TOTAL S^ ••�� SIGNED CLOSER DATE g 9� ? GF No. Q- 4Escrow for !EL EI� OR MORTGAGOR PURCHAfC OR MORTGAGEE Property: // m DATE RECEIVED FROM AMOUNT N W D Z X D . n 0 c z -♦ TOTAL INSTRUMENTS FILED CHECKS TO TITLE COMPANY Premiums—OP //q.oily ,0z� Premiums—MP�vVarious C� Binder Rev. Stamps Filing Fees Tax Certificates Escrow Restrictions l $ DATE CHECK TO CHECK NO. TOTAL ��r� HOME TITLE COMPANY 1215 Fannin Street • Houston , Texas 77002 REQUEST FOR TAX CERTIFICATE G F N° 43442 CLOSER KADELL DATE 11-12-68 PROPERTY Part of Lot 2 , Block 4, FRIENDSWOOD S/D PURCHASER: City of Friendswood OWNER FOREST S . HARPER ACCOUNT NUMBER CITY OF FRIENDSWOOD 1968 and prior TAXES ARE PAID UP TO AND INCLUDING THE YEAR OF DELINQUENT TAXES ARE DUE ACCORDING TO THE ATTACHED STATEMENT. TAXES FOR THE CURRENT YEAR AMOUNT TO $ THERE IS NO WATER DISTRICT OR-OTHER TAX DUE, EXCEPT AS FOLLOWS : Oki CAUTIONI SOUTHERN TITLE COMPANY, OP GALVESTON COUNTY ASSUMES NO LIABILITY MR ERRORS OR OMISSIONS IN THIS RE- ' i PORT OR FOR VERBAL ST'ATGIIENTS. Tbis is a copy o/a preliminary report made/o►use o/Southern Title Company, only, to determine u6ciber a title insurance policy can be issued I/ a copy is /umisbed to the parties to d)e transaction it is to/acilitate preparation o/the necessary insin.ments, to point out curative requirements, it any, and to shout die results o/the Company's title searcb(upon uhicb only the Company may rely). None o/ the in/ormation contained berein, or die absence o/otber in/oration, constitutes a representation to anyparly, otber than the Company, as to the status o/the title. I/a title delect or encumbrance should exist uhicb is not disclosed bereon, the Company shall not be liable by reason or /urnisbing this report or /or any verbal statements related thereto. The Company shall not be liable/or any title dclect unless a title insurance policy is berea/ter issued by it, insuring against sucb de/eet, and the applicable premium paid tbere%r, and the Company's liability then shall exist only under the terms o/its policy(as prescribed by the Stale Board o/ln~anee)and as measured I ' and limited ibereby. 6.E.111' 1316 TITLE REPORT TO SOUTHERN TITLE COMPANY OF GALVESTON , 1023 24th STREET a GALVESTON, TEXAS Date: September 18, 1968 6 8:00 AM Applicant: City of Friendswood Closer. IGadell EXt1.'vIINATION FROW Records of Southern Title Company, of Gplveston County. SUBJECT TO:Claims of present occupants; discrepancies in area and boundaries;'unpaid bills for labor or material _ in connection with repairs or new improvements; unpaid taxes. TITLE GOOD IN: Forest S. Harper and wife Lela A. Harper CLOSER'S CORRECT DESCRIPTION OF PROPERTY: Part of Lot 2, Block 4, Friendswood, described COMMENTS by r.etes and bounds in deed recorded in Volume 1513, Page 21 of the records of Galveston County, Texas. (Copy Attached)., TO; restrictions: Those shown in deed recorded in Volume 1513, Page 21 of the Galveston County, Texas. 2. :aser,'.ents: Done of record. 3. :anerals: Reservation of 1/2 of all oil, gas and other minerals without the rights of ingress and egress by S. Stanley Perry in deed recorded in Volume 1513, Page 21 of the records of Galveston County, Texas. k. Lienso None. SOLFr �''TIThE CObu AIrY OF GALVESTON COUNTY BY Cv _ Legal descriptiorf: Part of lot 2 , block 4, tracts 3 an,d 6' of Friendswood Subdivision consisting of 13,362 .5 sq. ft. and 12 ,420' s,q,. , ft. making a i total of 25 .782 .5. sq. ft . , 1 • r HOME TITLE COMPANY 1215 Fannin Street • Houston , Texas 77002 REQUEST FOR TAX CERTIFICATE G F N2 1�1n CLOSER Kadell DATE 11-12-68 PROPERTY Part of Lot g, Block , FRTENDSWOOn gTMnTVTgToTq PURCHSSER: City of Friendswood OWNER Community Public Service Co. of ACCOUNT NUMBER Ft. Worth CITY OF FRIENDSWOOD 1968 and prior TAXES ARE PAID UP TO AND INCLUDING THE YEAR OF DELINQUENT TAXES ARE DUE ACCORDING TO THE ATTACHED STATEMENT. TAXES FOR THE CURRENT YEAR AMOUNT TO S THERE IS NO WATER DISTRICT OR OTHER TAX DUE , EXCEPT AS FOLLOWS : C771 RYY:IYW .'•�WYYWIWLIIW,1.'u iYu.Y.LLLR: •••• I:i.j.... ... r. rr♦ u. -- •-••..��••-•� ••r_'�I FRIENDSWOOD LOCAL OFFICE SITE Galveston County i i That certain tract or parcel of land out of.-­aad a part of- -- Lot 9, in Block 2, Friendswood Subdivision in Galveston " -., County, ' Texas , according to the Plat of said subdivision recorded in Vol. 254-A, Page 18, in the office of the County Clerk of Galveston County, Texas , and also being known as Lots 15 and 16, of Hoover .Subdivision, an unrecorded Subdivision out of the Southeast one-half of . tot. 9, Block 2, of Friendswood Subdivision, iri Galveston County, Texas , said tract hereby conveyed being more N,.. 'particularly described,,by metes and bounds as follows. , to wit. fit: , :",`Beginning at the most Southerly corner of Block 1, of ^` ; Harwood Subdivision,: in Galveston County, Texas, according to the Plat thereof recorded in Vol. 254-A, Page 88, in the . office - of ' the County Clerk of Galveston County, Texas, said point also being the most Northerly corner of the ,,---intersection of Spreading Oaks Avenue and Morningside Drive; -y `; THENCE* South 450 0' West 60 feet to the most Westerly corner of said. intersection, and the place of beginning of the tract hereby conveyed; t THENCE South' 450 001; West along the Northwesterly line, of Spreading Oaks Avenue, a distance of 140 feet to a point for corner; THENCE North 450 00 '1' Wost, a distanco of 185 footto a point 'for corner; ,;:,,THENCE North 450 00'+ East , parallel with the Northwesterly" . ,-, line of Spreading Oaks Avenue, a distance of 140 feet to , 1 -a point for corner; E r., . .THENCE South 450 00'� East, a distance of 185 feet to a point •for. corner and the PLACE OF BEGINNING, and containing - 0.595. acre of land, 'more or less : . 'Location: Faces 185 feet on Morningside Drive, at inter- section of Morningside Drive with Spreading Oabs Avenue. , Acquired, from. Tillie� Mae 'and Walter E. Bryarly for a con- '• 'sideration of .$9,500 by-deed dated March 1, 1)66, recorded S13 . 1a 1 page 1 434b2-K JGt HOME TITLE COMPANY 1215 Fannin Street Houston , Texas 77002 REQUEST FOR TAX CERTIFICATE G F N2 434b2 CLOSER KADELL DATE 11-12-6td PROPERTY Part of Lot 2 , Block 4, FRIENDSWOOD S/D PURCHASER: City of Friendswood OWNER Stanley S . Perry ACCOUNT NUMBER CITY OF FRIENDSWOOD 1968 and prior TAXES ARE PAID UP TO AND INCLUDING THE YEAR OF DELINQUENT TAXES ARE DUE ACCORDING TO THE ATTACHED STATEMENT. TAXES FOR THE CURRENT YEAR AMOUNT TO $ THERE IS NO WATER DISTRICT OR OTHER TAX DUE , EXCEPT AS FOLLOWS : GF 43482 f DESCRIPTION OF A TRACT OF LAND OWNED BY S. S. PERRY f ' A tract of land out of Lot 2, Block 4, of the Friendswood Subdivision of the Sarah McKissick or J. R. Williams League, Galveston County, Texas. Described by metes and.bounds as follows: COMMENCING at the North corner of Lot 2, Block 4, which point is also the West corner of Lot 1, Block 4, said point being in the center line of a 60 foot public road; THENCE Southwest, along the Northwest line of Lot 2, and the Center line of said 60 foot public road, a distance of 226. 5 feet; THENCE Southeast, parallel with the Northeast line of Lot 2 a distance of 165 feet to the North corner, and BEGINNING corner of the tract herein described; THENCE Continuing Southeast, parallel with the Northeast line of Lot 2, a distance of 135 feet to the Northwest line of a public road to point for corner; THENCE in a Southwesterly direction, along the Northwest boundary line of a public road, along the arc of a circular curve to the right having a radius of 83.39 feet and a central angle of 38o 21 30. 9 , a distance of 55. 83 feet to the end of said curve and the beginning point of a circular curve to the left having the same radius and central angle as the aforesaid curve, thence in a Westerly to Southwesterly direction, along the arc of said curve to the left, ° a distance of 55. 83 feet to the end of said curve, said point being North 45 West a perpendicular distance of 396 feet from the Southeast line of said Lot 2, to point for corner; THENCE Northwest, parallel with the Northeast line of Lot,2,a distance of 104 feet to point for corner ; THENCE North p c e of Northeast parallel with the Northwest line of distance Lot 2 a 103. 5 feet to he t beginning point oint of , the tract herein described. A41a"AA 6,X 37S o-J ---- � fi�/r J lP D F/ �, K vC- / �06 ,fT e,ry , . 7700z - C-41 `7 COMMUNITY PUBLIC SERVICE COMPANY 501 WEST 6TH STREET, FORT WORTH, TEXAS 76102 January 6, 1969 Mr. Ody Jerden Attorney at Law 406 First City National Bank Building Houston, Texas 77002 Re : Exchange of Real Estate, Community Public Service Company and the City of Friendswood Dear Mr. Jerden: The Office of the Harris County Clerk returned the enclosed deeds to us , along with the deeds which Community was supposed to have received, conveying the subject land to Community. Presumably you will need these deeds for your file. May I thank you for your cooperation in concluding this matter satisfactorily. Yours truly, U li�j r�W FREDERICK G. VON HUBEN FGVH/lm Attorney tkl2o G c. �TiQi�Jlz'1 �v/�-� /•c/� p�(�s�i � • F7T /PANT /gllsj,4TE o S'Z Z2-Z7 Zo. o 0 113 4US104) 7-/ 7-4-Z Os-0. 0c> 15�2/6/V OS WO a/D 7e2. o c3 D6;�05/?' S of 6 o3 41-T,4<2 lob F/6-1,c wee.. 717. 7s l lDpNn/I&, 60/J 335--a-5/ l l3 -HorO Pa Avso...i Ok OS-�--J 7'< Ile) �ZS": o0 -7 � Zz77 `. --..---- i DAf'd 7Ag , i /I le- Or �ocAw���CioS 77. i3 -17 7f .. a ;i z, I A� X3 ; 76 / i I ns /V EW r e,o i Pj t1 �o o i! 17 J 5.C/ 7 77 II `Z i l i 25 �rxccufiue 2L; /C'/�' „ /-��vs ro.cJ 7'i TL � /' �1.3 8So•o a 762, 36'/ 3 z � 9/ I I _ i FORM 2252 TEXAS—NEW MEXICO POWER COMPANY APPLICATION FOR SERVICE [NAME Last First MIDDLE INITIAL SOCIAL SECURITY NUMBER I T � � F f 1� i ENDS O SERVICE ADDRESS I _S FIT(-, I 1 C AJI hi u 1 b I iDi 1 CITY STATE ZIP CODE TELEPHONE NUMBER - RESIDENCE Vi /71 11 Ej ni-Ds IL01010I) 1 X1 A 71 S SIvvyz Issz TELEPHONE NUMBER - EMPLOYMENT MAILING ADDRESS IF DIFFERENT THAN ABOVE STREET NAME OR P.O. BOX APT OR SUITE NO CITY STATE ZIP CODE DATE SERVICE �A IF F11(11,61 .S � C) _� l S IS REQUIRED— PM NEW CUSTOMER ]TURN ON TURN OFF C?' TRANSFER LEASE LIGHTING ❑ SERVICE CONTRACT SERVICE FROM TEXAS-NEW MEXICO POWER COMPANY DATE IZZ- IIJ ia­ The undersigned ("Customer") hereby makes application and agrees to take electric service from Texas-New Mexico Power Company ("Company") at the location shown above or any other location on premises occupied or designated by Customer, and agrees to pay the Company at its office for all such service furnished at the rate provided in the Company's tariffs as filed with and approved by the Public Utility Commission of Texas or the New Mexico Public Service Commission. In accepting such electric service, Customer understands and agrees that such service is subject to the ap- plicable Service Rules&Regulations of the Company, as filed with and approved by the appropriate state regulatory commission, and are part of this Agreement as if fully set out herein. The Service Rules & Regulations are on file and available to Customer for inspection at the Company's offices. This contract, including the tariff made a part hereof, shall at all times be subject to such changes or modifications as shall be ordered from time to time by any legally constituted regulatory body having jurisdction to require such changes or modifications.Customer will receive notice in accordance with the applicable Commission's requirements when Company is requesting the Commission to take action which could cause a change in the terms of this contract. Customer agrees to furnish and secure for the Company all necessary rights of way and permits for the performance of the Agreement. Customer hereby grants to the Company a general easement for the installation, maintenance, operation, renewal, and removal of Company facilities required to provide service hereunder. Company shall not be liable to Customer for any damage to shrubbery, trees, flowers, or improvements including driveways or walkways located where service is routed,when such damage occurs during the course of construction, maintaining, removing, repairing or improving the facility owned by Company. Customer hereby ogees to bear any material, labor, or other expenses involved due to changes which Customer has effected when such expenses are required to restore the electrical facilities to a condition that will meet all applicable national and local codes, as well as Company requirements. Customer acknowledges that Customer has received the booklet entitled "Your Rights as a Customer"and has been informed by the Company and has an understanding of the Company's policies and procedures concerning deposits and deposit refunds as applicable. c ACCEPTANCE: TEXAS-NEW MEXICO POWER COMPANY DATE Z/_ ^ CUSTOMER , C i FOR OFFICE USE ONLY NITE LITE/ FLOOD LIGHT YOUR RIGHTS AS A CUSTOMER j Vl' SECURITY DEPOSIT INFO TYPE PA/AO QUANT. PREMISE NUMBER TENANT NUMBER CUSTOMER DEPOSIT DATA WORK BY 8 DATE ID at Iss/ No Ami EMPLOYEE CODE ❑ INSPECTION TAG ❑ SALES TAX INFORMATION LIFE SUPPORT CODE ❑ LETTER OF CREDIT ❑ CITY ❑ ELDERY PAY CODE ❑ STATE ❑ LIHEAP CODE ❑ COUNTY ❑ OWNER CODE ❑ TAX CERTIFICATE DATE FIXED DUE DATE 8/13/93: cc Deloris McKenzie ,¢� _ F21.�as rnN - -�/ti N/- �O Zzti'oo g L 141D - (o 53 �/A) VIA s� A)1,4 c 58 s/,D YA cl d. /ti7 'v�A cc: Mayor b City Manager 1 6A/ 55YAC (ot7 L (40 c i VA��1� 1 .c�MMERCAL=`w{ F4V�y Tlsl�`� i•-^c. K': #1 x �y�SYr..�41 k)r•o r.. y.• _ •:v`:vxn••s:..•:•i X w ''• t .eF'�t 1• p� z: 1 I i ✓r : + i ous on .y , yt Yr�t �w BILLINGS { e .fief f i'J yrr' 4 ti IVDUST?I1 �, uf 5; .iT♦. `f✓ `1f..R h�?"z 7 r �"�'�. �1n , `>a GATE " •''1" y :`^A4' , �fJt (YL7: +�' ;LtC' �rr«c�3rtTA�pNorth r y ;WQRK•• EFRIG.FGR 4TlON oanER' "'y..�.,•'•i."�S"x �. •' •.' ..akco„d�d«;rro •". :...FAX-(7.13) 692-131 1, . :EQUIPMENT INFORMATION -P.O."$OX 1.6008 • HOUSTON,TEXAS 77022-6008 (713).692-7702 • <`: : 'Y _- - TACIA 000524C CUSTOMER NDt % �/ A—{ /-�ZtOr-PfI �A�dC2C3C� WORK LOCATION::. CUSTOMER WARRANTY ❑ F.M. ❑ CHARGE N.C. ❑ C.B. ❑ CUSTOMER P.O. 0• E It OH F�t%1 ERRL'A��,• SEp g, T y 1 `y .i X'ht1� .•. �:z�.-tls• 5' -vi ' •y• �'i a. !�: y�+!. �✓F•1+ -3Y .1,' �. MISCELLANEOUS, y %Z 'I... - ' MAT[RIAL �. .a•.b:L..! r.�.. : . .'vi: r.,.. _ . !e. +..Sri.. 5 •:• it:+ ">;7�i+ l+j, ,v� . .w^�i.�.�•''i�4�-ac-��A:i.�7d�'t�.•!'�i:'•i�?r A �• 'r#�f.�rrcy. ,.1 ...,. . •�tN'�r��:li.�''f�l�`•'�titi.:+^r.F7M./i7'ict-f a.�%I, .. i�i��.• DATE. [C .., �rR QH _QR •ON �.� rz�yk�: SERVICE CHARGE—:INCLUDES FIRST•%'.HR 'ON JOB 7r' ,"�'� :x' .•,';3 :�s' z y A - -� -•':`i r ,ly z�•: +',�' -?': .' �� .. ' Zr .k� t * .r},wrE..lrh✓i�L' ".n �.`�"s.\�•. ,p _,t..�.• .Tam.. ,_• ..n .t y. a y M�_t�!' ;`:'"�•1'�.r•LK.if; �'! $ •fY, r.+i lr'. +y. 's} - r .'iF N- es3�Yr','�-i'li:` k. "'r•.�'v,.: + •'a';':.r;"� :��.... r'� ''1SX rr `•.�'�r'' . TAX TOTAL :ustomer agrees to and acknowladoes the following Interest will-be charged on past due accounts at the rate of.1 K%per month or the highest legal rate.-which- ver'Is leas If necessary for Houston North to retain an attorney for collection.Customer agrees to pay all costs of collection Including court costa and reasonable . ttorney'e fees.Questions regarding this Invoice shell be called to Houston North's attention by the customer within tan days after recaipt,.otherwlss billing will •a presumed correct.This or any other invoice pertaining to the work.involved,whether or not signed by customer,shall constitute and be an Integral part of he agreement until final payment Is made and to secure such payment.Houston-'North will retain title to any parts,material and equipment furnished. Authorized By R " �►M}� " � + iX�ALt.`BII:LS DUE UPON RECEIPT OF,INVOICE. : } ;! �} c ---_I HO U STO N Houston Title Company TITLE 416 Friendswood Drive,Suite 113A Friendswood,Texas 77546 O A Minnesota Title Company 713/996-8839 1$g 1011127 R y,96 '� ���2621 28 Zg3Q�I —ISO 1, ' December 22 , 1992 - C(� e,�d 'N. \ se Ggoe�_, N ti DEC 1 `� O o. em �cO ..1: 1 o RECEIVE CITY OF FRIENDSWOOD �A4 ' Cr' GOY OfFR1ENOSW00D ti 109 E. Willowick Ave m CITY SECRETARY •. Friendswood, Texas 77546 ' Nk ,,,co , Re: GF# 92081204 Purchase from EDM PROPERTIES, L.C. Dear Sirs: Enclosed is your Owner' s Policy of Title Insurance insuring the title to the property recently acquired by you. This Company has a complete and permanent file on the property and can give you prompt and efficient service if needed in the future. Your Deed to the property has been filed in the office of the County Clerk in which your property is situated in and will be returned to you under separate cover. If the taxes for the current year were not due at the time of closing your transaction, and are not to be paid through an escrow account with your lending institution, such taxes should be paid before the end of the year, and you should make certain that the property is assessed in your name for the following year. It has been a pleasure being of service to you! Very Truly Yours, The dock to which this certificate :_ la a full, true and correct copy of the original on OUSTON TITLE COMPANY file and of my c____/_-- , mat. 1-4?/ DELORIS C KENZIE, CIVIC Se�etary Mary Trevino OOC, T Escrow Officer Enclosed is the original recorded deed. Established 1892 • • , cnrny-d — * * cl w aac c o m < afD K aD� 0 co� O — 0E cn n Z 0 CD oD > Q mwco- < C o D � CD � p n 7. DJ V — 00xjj cnc ..o � a) •,�"s< � CT/ om * < T - - m — cn o77 woo � o >vo - v0 i a ..... ..< < c < c -+. 7 c 2 0 o �, g r co > � * CD .< `� . !. (D ;. . o ,. 0 a a0 °v) � o n � ON (7Q 7su 00 � a � ye° ° o _ CO S Z CD I v CD .< m w -* x 0' Cn < o m � UtpQ mo � O c m ..+ - o �7 m 7. - x x _ CO. m -4m- n NCAz. K ogcC) c (2 ,.. w - -. ciD) . r co_ coO w, D cD 5-1 CD -w — W C _ 0 v °Z � c _ - ' N Q � 0 .0 7 (D � `Dm-IO_. CD Z =- ®• 33 05 o m ,D O m Z D a ` m Fri 7' _. n o . . m Ow m =< c, �, V) (D - .f' 1 x I r 1 DISCLOSURE STATEMENT GF NO. 92081204 RE: SEE ATTACHED EXHIBIT "A" ********* As you may be aware, it is necessary to collect information from many sources, both government and private, in order to close a real estate transaction. Much of this information is in writing. Houston Title Company relies on the truth and accuracy of such written information in preparing, closing and insuring real estate transactions. We plan to issue a title insurance policy in connection with this transaction. The title insurance policy sets out the title company's responsibilities should a title problem arise. You should carefully review the policy form to determine your rights and obligations. WE THE UNDERSIGNED, BEING THE SELLER AND THE PURCHASER IN THE ABOVE-REFERENCED TRANSACTION, do hereby indemnify Houston Title Company from any liability for the completion of the initial escrow account statement that is attached to the HUD-1 settlement statement. We understand that this statement is required in all HUD/FHA transactions and that Houston Title Company is relying on the truth and accuracy of information supplied by third parties in order to complete the statement. The third parties may include any one or more of the following: 1) Surveys 2) Surveyor's Certificate 3) Termite Certificate 4) Inspection Reports 5) Loan Payoff Information 6) Tax Statement showing status of advalorem taxes 7) All records of the respective County Clerk and District Clerk including, but not limited to, those records showing plat, ownership and rights to real property, liens, lawsuits, and heirship 8) All records to the local Federal District Court including, but not limited to, those records showing lawsuits and bankruptcy proceedings 9) Affidavits of debts and liens 10) Appraisals 11) Contracts of Sale 12) Escrow Instructions 13) Loan Company Instructions 14) Written information supplied by Realtors We will be happy to let you review such written information at your request. HOUSTON TITLE COMPANY ACKNOWLEDGEMENT OF RECEIPT HOUSTON TITLE since 1892 r I/We understand that Houston Title Company is relying on the truth and accuracy of written information from other sources in closing and insuring this transaction and has made no representation to me/us regarding the truth or accuracy of such written information. CITY OF FRIENDSWOOD DATE: /s—/ — y Z- By: 1/4) I" DATE: By: DATE: -oZS- 9Z- DM PROPERT S, L.C. DATE:DATE: /d-/-9 2_. 4! JAW,.'"/ HOUSTON TITLE Since 1892 • EXHIBIT "A" • GF. NO. 92081204 Lots Nine (9) and Ten (10) , out of the Harvey and Stout Subdivision, of Lots Six (6) , Seven (7) and Eight (8) of FRIENDSWOOD SUBDIVISION, in Galveston County, Texas, according to the map thereof recorded in Volume 315, Page 79, in the Office of the County Clerk of Galveston County, Texas; SAVE AND EXCEPT that certain fifty (50) foot by 100 foot tract of land out of Lot heretofore conveyed to A. A. Green (North corner) recorded in Volume 611, Page 528, in said County Clerk's Office, and SAVE AND EXCEPT a tract five (5) foot by twenty (20) feet off the Northeasterly side to the County of Galveston of record in Volume 861, Page 331, in said County Clerk's Office. (Lot 9) HOUSTON TITLE Since 1892 HOUSTON TITLE COMPANY 160 ,2_ TAX PRORATION LETTER TO: HOUSTON TITLE COMPANY RE: GF NUMBER: 92081204 PRORATION DATE: PROPERTY ADDRESS: 416 FRIENDSWOOD DR HOUSTON TITLE COMPANY PRORATED THE AT THE TIME OF CLOSING, TAXES, (STATE AND COUNTY, SCHOOL, WATER AND/OR CITY) , ON THE FIGURES FURNISHED TO US BY THE TAXING AUTHORITIES, OR USED THE MORTGAGE COMPANY'S ESTIMATED TAX FIGURE. IF THE TAXES ARE MORE THAN THE AMOUNT PRORATED, WE, THE SELLERS, AGREE TO PAY OUR PRORATA SHARE OF THE INCREASE FROM JANUARY 1ST TO THE DATE OF PRORATION. IF THE TAXES ARE LESS THAN THE AMOUNT PRORATED, WE, THE BUYERS, AGREE TO REIMBURSE THE SELLER HIS PRORATA SHARE FROM JANUARY 1ST TO THE DATE PRORATION. WE, THE BUYERS AND SELLERS AGREE TO HANDLE THESE PRORATIONS BETWEEN OURSELVES. WE UNDERSTAND THESE PRORATIONS ARE OUR OBLIGATION TO EACH OTHER AND DO NOT HOLD HOUSTON TITLE COMPANY AND/OR THE TITLE INSURANCE COMPANY OF MINNESOTA RESPONSIBLE FOR THESE PRORATIONS NOR FOR ANY MONIES. AGREED: ,. PROPERTI , L.C. SELLER SELLER SEL 'S ADDRESS c SELLER SELLER'S ADDRESS CITY OF FRIENDSWOOD BY: 44, BUYER 416 FRIENDSWOOD DR BUYER'S ADDRESS By: BUYER 416 FRIENDSWOOD DR BUYER'S ADDRESS HOUSTON TITLE Sine 1892 PURCHASER-BORROWER Although current tax amounts cannot be ascertained at this time, we accept the figures shown on the Settlement Statement as being correct and release Houston Title Company from any responsibility in connection with such proration, and further, we acknowledge the receipt of this Settlement Statement as to Statement of Actual Costs and agree to the correctness thereof and we authorize and ratify the disbursement of the funds as stated therein. We hereby waive inspection by you of such property as referenced above and accept your policy subject to the rights of parties in possession and those under whom they hold, if any such are now in possession of the premises upon which you have issued such policy, and take it upon ourselves to inspect such premises and to obtain possession thereof from the present occupants. If this transaction is the assumption of or subject to a mortgage, the purchaser hereby acknowledges that he is fully aware of all the terg}ls of the Deed of Trust and has complied with all of the mortgagee's requirements prior to closing, and the undersigned hereby releases Houston Title Company from any liability or responsibility of any losses that may arise under the terms of the Deed of Trust. CITY OF FRIENDSWOOD BY: le-e-C47,) /� /Q i,II T"-fc) APPROVED.: By: APPROVED: SWORN to and subscribed before me this the / day of SWORN to and subscribed before �_ Q , A.D 199 . me, this the day of / , A.D. , 1992. Notary Public in and for he State of Texas Notary Public in and for the State of Texas HOUSTON TITLE Since 1892 EXHIBIT "A" GF. NO. 92081204 Lots Nine (9) and Ten (10) , out of the Harvey and Stout Subdivision, of Lots Six (6) , Seven (7) and Eight (8) of FRIENDSWOOD SUBDIVISION, in Galveston County, Texas, according to the map thereof recorded in Volume 315, Page 79, in the Office of the County Clerk of Galveston County, Texas; SAVE AND EXCEPT that certain fifty (50) foot by 100 foot tract of land out of Lot heretofore conveyed to A. A. Green (North corner) recorded in Volume 611, Page 528, in said County Clerk's Office, and SAVE AND EXCEPT a tract five (5) foot by twenty (20) feet off the Northeasterly side to the County of Galveston of record in Volume 861, Page 331, in said County Clerk's Office. (Lot 9) HOUSTON TITLE Since 1892 h "T • • THOMAS R. JOHNSON ATTORNEY & COUNSELOR AT LAW 416 eS. 9ttendswood Lit., esutte 113B 9ttencLiwood axial 77546 713-996-0324 TO: EDM PROPERTIES, L.C. CITY OF FRIENDSWOOD G.F.NO.: 92081204 DATE: J 62- ` 42 — rj.Z , 1992 SELLER (S): EDM PROPERTIES, L.C. PURCHASER (S): CITY OF FRIENDSWOOD PROPERTY: SEE EXHIBIT 'A" ATTORNEY REPRESENTATION • Instruments to accomplish thepurchase (or sale) ofthe propertyinvolved in 1 subjectthe above referenced f transaction have been prepared by the law jinn of Thomas R. Johnson. The undersigned acknowledges that Thomas R. Johnson has not, in any manner, undertaken to assist or render legal advice to the undersigned with respect to the closing or the purchase (or sale) ofthe real property described in the documents or P P . instruments being executed in connection therewith, and further agrees that attorney has made no representations as to the quality or sufficiency title. The documents requested to be prepared are as follows: of q 1. Cash Deed SELLERS EDM PROPERTIES, L.C'. eae) Robert 11. Estlinhalun, Ma ger 44,,,,. e Douglas_. Blythe, Manag /— S- E. F. I unman, Jr., M n ke BUYER: CITY OF FRIENDSWOOD EXHIBIT "A" • GF. NO. 92081204 Lots Nine (9) and Ten (10) , out of the Harvey and Stout Subdivision, of Lots Six (6) , Seven (7) and Eight (8) of FRIENDSWOOD SUBDIVISION, in Galveston County, Texas, according to the map thereof recorded in Volume 315, Page 79, in the Office of the County Clerk of Galveston County, Texas; SAVE AND EXCEPT that certain fifty (50) foot by 100 foot tract of land out of Lot heretofore conveyed to A. A. Green (North corner) recorded in Volume 611, Page 528, in said County Clerk's Office, and SAVE AND EXCEPT a tract five (5) foot by twenty (20) feet off the Northeasterly side to the County of Galveston of record in Volume 861, Page 331, in said County Clerk's Office. (Lot 9) HOUSTON TITLE Since 1892 H O U STO N Houston Title Company 416 S. Friendswood Drive, Suite 113A TITLE Friendswood, Texas 77546 p A Minnesota Title Company (713) 996-8839 TRANSMITTAL ` Attention Evelyn Newman, MayoiRe: Date: September 18th, 1992 To: City of Friendswood GF# 92090278 109 Willowick Seller: EDM PROPERTIES , L.C. Friendswood, Texas 77546 Purchaser: CITY OF FRIENDSWOOD Street Address:Atrium Building 416 S. Friendswood Dr. We genuinely appreciate your title order and are eager to serve you in a manner that will assure your continued confidence and good will. In connection with the sale of the captioned property: IKX l Enclosed is our (XA commitment. ( ) Please note title requirements. ( ) survey. ( ) COPY OF TAX CERTIFICATES ( ) restrictions. ( ) Please furnish us with a copy of the Earnest Money Contract. ( ) Please advise us of Buyer's mortgage lender and loan officer. ( ) Please advise us of the correct loan number on the existing loan, so that we can order assumption figures. ( ) Please advise us of the correct loan number on the existing loan so we can order payoff figures. ( ) Please advise us of inspection company, costs. and any repairs. ( ) Please advise us of anticipated closing date. ( ► Please find enclosed check for pay-off of loan # ( ) Please forward an executed release to us. ( ) Please execute and return enclosed release. ( ) Seller's new mailing address is: ( ) Please find enclosed check for assumption transfer fee, Assignment of Escrow Account, and copy of recorded deed. ( ) Other ( ) Other Your promptness in replying to the requirements listed above will help us complete our file. Thank you for your assistance. Sincerely. �6ilia/ ���! eT F` r,�tigr O �9 �9���00 ® ® ® ® ® ® ® ® ® LawyersTide Insurance Corporation NATIONAL HEADQUARTERS RICHMOND.VIRGINIA COMMITMENT FOR TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION,a Virginia corporation herein called"the Company,"hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in the form now promulgated by the Texas Department of Insurance,in favor of the proposed insured(s)named in Schedule A,as owner or mortgagee of the estate or interest described in Schedule A in the land described in Schedule A,upon payment of the premium and charges therefor,all subject to the provision of Schedules A, B and C and to the Conditions and Stipulations hereof. This commitment shall be effective only when the identity of the proposed insured(s)and the amount of the policy or Polk cies committed for have been inserted in Schedule A hereof by the Company. This commitment is solely preliminary to the issuance of such policy or policies of title insurance and the liability and obliga- tion of the Company to the proposed insured shall be limited to the express terms of this commitment.All liability and obligations hereunder shall cease and terminate ninety(90) days after the effective date hereof, or when the policy committed for shall issue,whichever occurs first, provided that the failure to issue such policy is not the fault of the Company. In witness whereof, the Company has caused this commitment to be signed as of the effective date of commitment as shown in Schedule A, the commitment to become valid and binding only when countersigned by an authorized signatory. Lawyers de Insurance Corporation By: 1 President Attest: Secretary. CONDITIONS AND STIPULATIONS 1. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so dis- close such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company other- wise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to Paragraph 2 of these Conditions and Stipulations. m proposed Insured and such parties included un- der Liability of the Company under this commitment shall be only to the named p•M p der the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance here- on in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule C,or(c)to acquire or create the estate or interest or mortgage thereon covered by this commitment.In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured, which are hereby incorporated by reference and are made a part of this commitment except as expressly modified herein. 3. Any action or actions or rights of action that the proposed Insured may have or may bring arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this commitment must be based on and are subject to the provisions of this commitment. 42-31 COVER(10-1-9i) 035-1-031-4206/3 SCHEDULE A GF No. or File No. : 92081204 TD: D315/79 JDM/DS (507) I Effective Date of Commitment: August 26, 1992 1. Policy or Policies to be issued: a) Form T-1: OWNER POLICY OF TITLE INSURANCE $ 460 ,000 .00 Proposed Insured: CITY OF FRIENDSWOOD b) Form T-2 : MORTGAGEE POLICY OF TITLE INSURANCE $ Proposed Insured: Proposed Borrower: c) T-13 : MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN $ Proposed Insured: Proposed Borrower: d) OTHER $ Proposed Insured: 2 . The estate or interest in the land described or referred to in this Commitment and covered herein: Fee Simple 3 . Record title thereto at the effective date hereof appears to be vested in: EDM PROPERTIES, L.C. 4 . The land referred to in this Commitment is described as follows: Lots Nine (9) and Ten (10) , out of the Harvey and Stout Subdivision, of Lots Six (6) , Seven (7) and Eight (8) of FRIENDSWOOD SUBDIVISION, in Galveston County, Texas, according to the map thereof recorded in Volume 315, Page 79 , in the Office of the County Clerk of Galveston County, Texas; SAVE AND EXCEPT that certain fifty (50) foot by 100 foot tract of land out of Lot heretofore conveyed to A. A. Green COUNTERSIGNED: HOUSTO //TITLE,COMPANY By �1. .�y`� /A�- Auth(lbrized Agent HOUSTON TITLE Since 1892 tF No. : 92081204 (North corner) recorded in Volume 611, Page 528, in said County Clerk's Office, and SAVE AND EXCEPT a tract five (5) foot by twenty the Northeasterly side to the Count of Galveston of (20) feet off y Y record in Volume 861, Page 331, in said County Clerk's Office. (Lot 9) COUNTERSIGNED: HOUST ITLE CO ANY By HOUSTON Author d Agent TITLE Since 1892 GF No. : 92081204 SCHEDULE B EXCEPTIONS FROM COVERAGE The policy will be subject to the Exclusions from Coverage, the Conditions and Stipulations thereof, the terms and conditions of the instrument creating the estate insured, if any, shown in Schedule A, and to the following matters that will be additional exceptions from the coverage of the policy: 1. (DELETED) . 2 . Any discrepancies, conflicts or shortages in area or boundary lines, or any encroachments, or protrusions or any overlapping of improvements. 3 . Standby fees and taxes for the year 1992 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership. 4 . No materials have been furnished or any labor performed in connection with the construction contemplated hereunder prior to the execution, acknowledgment, and delivery of the lien instrument described under SCHEDULE A hereof, if the land described under SCHEDULE A forms any part of the homestead of the owner. (Mortgagee Title Policy Binder on Interim Construction Loan only. ) 5. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Owner Policy only. ) 6. Any title or rights asserted by anyone, including, but not limited to, persons, corporations, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of mean low tide to the line of vegatation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights or other statutory water rights, or the rights or interest of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation or the right of access thereto, or right of easement along and across the same. (Owner Policy only. ) 7 . Liens and leases that affect the title to the estate or interest, but that are subordinate to the lien of the insured mortgage. (Mortgagee Policy only. ) 8 . The following lien(s) and other matter(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s) and other matter(s) : CO RSIGNED: HOUSTO TLE COMPANY BY HOUSTON Authori ed Agent TITLE Since 1892 , ,GF No. : 92081204 (Lien to be created in a manner and on a form acceptable to the Company) . 9. Rights of Parties In Possession. (OWNER POLICY ONLY) . 10. An unlocated gas line easement as set out in instrument of record in the County Clerk's Office of Galveston County, Texas, in Volume 2399, Page 208 of the County Clerk Records. 11. Road Easement ten (10) feet in width along the Northeast line(s) of the herein described property, set forth in instrument recorded in Volume 2399, Page 208, of the County Clerk's Records of Galveston County, Texas. 12. Zoning Ordinances by the City of Friendswood. (OWNER POLICY ONLY) 13 . Rights of Tenants in possession under written leases. 14. There is expressly excluded from coverage hereunder, and this Company does not insure title to oil, gas and other minerals of every kind and character, in, on, and under the property herein described. (OWNER POLICY ONLY) COUNTERSIGNED: HOU ITLE COMP T wT sy HOUSTON Author ze Agent TITLE Since 1892 GF No. : 92081204 SCHEDULE C Schedule B of the policy to be issued will also contain exceptions with respect to the following matters supposed to affect title to the hereinabove described property unless the following matters are disposed of to the satisfaction of the Company at or prior to the date of the issuance of the policy: 1. Instrument(s) creating the estate or interest to be insured must be approved by the Company, executed and filed for record. 2 . Satisfactory evidence that no person occupying the property or any portion thereof owns or claims any interest therein, either personally or by right of another, adverse to the present record owner as shown in Schedule A. 3 . Payment of the full consideration to, or for the account of, the grantors or mortgagors. 4 . Payment of all standby fees, taxes, charges and assessments levied or assessed against the subject estate or interest, which are currently due and payable. 5. Satisfactory evidence that all improvements and/or repairs and/or alterations thereto are completed and accepted by the owner and that all contractors, subcontractors, laborers and materialmen have been paid in full, and no mechanic's, laborer's or materialmen's liens have attached. 6. Any defect, lien, encumbrance or other matter affecting or supposed to affect title to the estate or interest to be insured which may be filed or which may arise subsequent to the effective date hereof. 7 . If a mortgage policy of title insurance is to be issued, satisfactory evidence that restrictions and restrictive covenants, if any, have not been violated so as to affect, and that a future violation thereof will not affect the validity or priority of the insured mortgage. 8 . Satisfactory evidence of legal right of access to and from the land, if satisfactory evidence is not furnished to the Company, the policy to be issued will except to lack of a right of access to and from the land. 9 . If this Company is called on to amend "area and boundaries" from any policy to be issued, we require a correct and current survey, no more than 30 days old, showing all encroachments and improvements, for our inspection and approval. 10. The name of the purchaser (s) City of Friendswood, as listed herein, has been checked for the existence of judgment liens protected under the terms of the Federal Debt Collection Procedures Act of 1990 and COUNTERSIGNED: HOUST TI LE COMPANY_ By V- - Authorize �gent HOUSTON TITLE sine 1892 GF No. : 92081204 the following have been found: NONE If the name of the purchaser(s) City of Friendswood, as listed herein should change prior to closing, resubmit for additional examination. 11. Ascertain what type of entity EDM Properties, L.C. is and resubmit this file to examination prior to closing for possible additional requirements. Note to all Buyers, Sellers, Borrowers, Lenders and all parties having a vested interest in the transaction covered by this Commitment. The following constitutes a major change in the procedures and requirements for disbursement of funds by the Title Agent pursuant to this transaction: Effective August 1, 1988 , the State Board of Insurance has adopted Procedural Rule P-27 which will require that "Good Funds" be received and deposited before a Title Agent may disburse from its Trust Fund Account. "Good Funds" is defined as: (1) Cash or Wire Transfers: (2) Certified funds, including certified checks and cashier's checks; (3) Uncertified funds in amounts less than $1500. 00, including checks, traveler's checks, money orders and negotiable orders of withdrawal; provided multiple items shall not be used to avoid the $1500. 00 limitation; and (4) Uncertified funds in amounts of $1500. 00 or more, drafts, and any other item when collected by the Financial Institution. COUNTERSIGNED: HO S N TITLE COMPANY By /�-� HOUSTON Authori ed Agent TITLE Since 1892 LAWYERS TITLE INSURANCE CORPORATION National Headquarters -- Richmond, Virginia SCHEDULE D Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates, and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1. The following individuals are directors and/or officers, as indicated, of Lawyers Title Insurance Corporation, a wholly owned subsidiary of Universal Corporation. Chairman and Chief Directors Directors Executive Officer Janet A. Alpert Henry H. Harrell Charles F. Foster, Jr. Kenneth Astheimer Allen B. King President and Chief Marvin C. Bowling, Jr. Hartwell H. Roper Operating Officer Wallace L. Chandler Robert J. Zalzneck Marvin C. Bowling, Jr. Charles H. Foster, Jr. Secretary Russell W. Jordan, III Treasurer Jimmie L. Butler 2 . The following disclosures are made by the Title Insurance Agent issuing this commitment: President: Troy W. Pennock 3 . You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is: Owners Policy $ Mortgagee Policy $ Endorsement Charges $ Total $ Of this total amount: 19% will be paid to the policy issuing Title Insurance Company; 81% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount (or %) To Whom For Services The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. HOUSTON TITLE Sine 1892 PAGE E Type of Property: CONCRETE BLOCK/BRICK OFFICE BUILDING Class of Construction B Year Built: 1980 Effective Age: 11 Years No.of Bld s: ONE ONE Parking: pen 80 CARS g No,of Stories: _ ®O = Covered NumberofSpaces: Ratio: 2 : 1000 Building Efficiency Ratio: 90% °k Office Area: 100 % 1,000Sq.Ft.Ratio SPECIFICATIONS RATING OF STRUCTURE Exterior CONCRETE BLOCK/BRICK — Roof Type T&G BUILT—UP Excellent Good Average Fair Poor Architecture X Foundation CONCRETE SLAB Construction Quality Interior Walls SHEET ROCK _ Condition of Exterior Ceiling SHEET ROCK Condition of Interior Floors CARPETING Floor Plan Heating CENTRAL Plumbing Air Conditioning CENTRAL Electrical -- Insulation FIBERGLASS Heating —Elevator(#) NONE Air Conditioning Sprinklers NONE Baths AVERAGE Truck Doors NONE -, Docks NONE Comments: Rail Service NONE Clear Height 9 FT . Power 110V SQUARE FOOT AREA Floor Number Gross S . Ft. 7, 4 -- FIRST Nq 6 Totals: 6 S.F. Grs.Bldg.Area Net Rentable Area Usable Area Basis for Square Foot Area: © 0 0 Replacement Cost® Reproduction Cost�] Source of Cost Data: MARSHALL & SWIFT COST HANDBOOK AND THE APPRAIS ERS FILES Sq. Ft. @$ $ BUILDING 15 , 416 SF 50 . 00 770 , 800 . 00 PAVING 45 , 0O SF 1 . 25 56 , 250 . 00 r � 17 S r Total Estimated Cost New of Improvements $ 827 , 050 . 00 Less Total Depreciation 85 , 000 . 00 Depreciated Value of the Improvements $ 742 , 050 . 00 Add Land Value 250 , 000 . 00 Indicated Value by the Cost Approach $ 250 00 . 00 Roundedto $ , COMMENTS INCLUDING EXPLANATION OF DEPRECIATION: $ 11000 , 000 . 00 __ THE STTR�TP.rrr PprllD�pnmv Ann,__ IMPROVEMENTS PAGE Type of Property: CONCRETE BLOCK/BRICK OFFICE BUILDING Class of Construction B Year Built: 1980 Effective Age: 11 Years No.of Bld s: ONE 9 Parking: ®Open No.of Stories: ONE 0 Covered Number of Spaces: 80 CARS Ratio: 2 : 1000 Building Efficiency Ratio: 90% % Office Area: 100 % /1,000 Sq.Ft.Ratio SPECIFICATIONS RATING OF STRUCTURE FFoundation CONCRETE BLOCK/BRICK T&G BUILT—UP Excellent 13000 Average lair Pool Architecture X CONCRETE SLAB Construction Quality SHEET ROCK Condition of Exterior Ceilln2 SHEET ROCK Condition of Interior Floors CARPETING Floor Plan Heating CENTRAL Plumbing Air Conditioning CENTRAL Electrical Insulation FIBERGLASS Heating Elevator(q) NONE Air Conditlonln Sprinklers NONE Baths AVERAGE Truck Doors NONE Docks NONE Comments: Rall Service NONE Clear Height 9 FT- Power 110V Floor Number Gross Sq.Ft. H41 FIRST 15 , 416 Totals: 15 , 416 S.F. an.Bldg. Net Rentable Area Usable Area Basis for Square Foot Area: 0 a Replacement Cost® Reproduction Cost Source of Cost MARSHALL Data: & SWIFT COST HANDBOOK AND THE APPRAISERS FILES Sq. Ft.Q$ $ BUILDING 15 , 416 SF 50 . 00 770, 800 . 00 PAVING 45 , 000 SF 1 . 25 5------------- 6 , 250 . 00 ------------ 5 Total Estimated Cost New of Improvements Less Total Depreciation $ 8 2 7, 0 5 0 . 00 Depreciated Value of the Improvements $ 8 5 , 000 .00 Add Land Value $ 742 , 050 . 00 Indicated Value by the Cost Approach $ 2 50 , 000 . 00 Rounded to $ 992 , 050 . 00 COMMENTS INCLUDING EXPLANATION OF DEPRECIATION: $ 1 , 000 , 000. 00 THE SUBJECT PROPERTY HIS IS TO CERTIFY THAT THE ABOVE IS A TRUE AND RRECT COPw OF THE ORIGINAL THEREIN (Exp. 12.31-86) OMB No.2502-02r i A. U.S. DEPARTMENT OF HOUSING AND URBAN7MEL B.TYPE OF LOAN: HOUSTON 1. ❑ FHA 2. ❑ FMHA 3. ❑ CONY. UNINS. 4. ❑ VA 5. ❑ CONY. INS. TITLE 6. FILE NUMBER 7. LOAN NUMBER 0 920812047 A Minnesota Title Company 8. MORTIS. INS. CASE NO. SETTLEMENT STATEMENT C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME AND ADDRESS OF BORROWER E. NAME AND ADDRESS OF SELLER F. NAME AND ADDRESS OF LENDER CITY OF FRIENDSWOOD EDM PROPERTIES, LC CASH G. PROPERTY LOCATION H. SETTLEMENT AGENT I.SETTLEMENT DATE: THE ATRIUM BUILDING MARY TREVINO (713) 996-8839 12/1/92 416 S. FRIENDSWOOD DR. PLACE OF SETTLEMENT 9/10 HARVEY/STOUT SUBD. 16 S. FRIENDSWOOD; DR. 411A 6/7/8 FRIENDSWOOD SUBD. FRIENDS WOOD, TEXAS 77546 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION too. GROSS AMOUNT DUE FROM BORROWER: 400, GROSS AMOUNT DUE TO SELLER: 101. Contract sales price 460, 000 . 00 401. Contract sales price 460 , 102. Personal property 402. Personal property 103. Settlement charges to borrow(line 1400) 25. 00 403. 104, 404. 105. 405. Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance: 106.City/town taxes to 406.City/town taxes to 107.County taxes to 407.County taxes to 108.Assessments to 408.Assessments to 109. ALL TAXES 12 12 31 1 , 141 . 80 409.ALL TAXES 1 1 , 141 . 80 110. 410. 11 t 411. 112 412. 120. GROSS AMOUNT DUE FROM BORROWER: 461 , 166. 80 420. GROSS AMOUNT DUE TO SELLER: 461 , 141 . 80 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 2, 5 0 501. Excess deposit(see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller(line 1400) 17, 325. 85 203.Existing loan(s)taken subject to 503. Existing loan(s)taken subject to 204. 504. Payoff of first mortgage loan 205 5o5. Payoff of second mortgage loan 206 506. 207 507. 208. 508. 209. 509. Adjustment for items unpaid by seller: Adjustment for items unpaid by seller: 210.City/town taxes to 510.City/town taxes to 211.County taxes to 511.County taxes to 212 Assessments to 512.Assessments to 213 513. 214 4 4 514. 215 515. 216 516. 217 517. 218 518. 219 519. 220 TOTAL PAID BY/FOR BORROWER: 2 500. 00 520. TOTAL REDUCTION AMOUNT DUE SELLER: 17, 325. 85 PACL3bF`J OMB No 2502-0265 PAID FROM FROM L. SETTLEMENT CHARGES BORROWER'S PAID SELLER'S FUNDS FUNDS 700.TOTAL SALES/BROKER'S COMMISSION Based on price$ @ %= AT SETTLEMENT AT SETTLEMENT Division of commission(line 700)as follows: i 701. $ to 702 $ to 703 Commission paid at settlement 704 eoo ITEMS PAYABLE IN CONNECTION WITH LOAN. 801 Loan Origination fee % 802 Loan Discount % 803 Appraisal Fee to 804 Credit Report to 805 Lender's Inspection fee 806.Mortgage Insurance application fee to 807. Assumption Fee 808, 809. 810 811. goo. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 901 Interest from to �z$ /day 902 Mort a e insurance premium for mo. to 903. Hazard insurance premium for yrs. to 904. yrs to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001 Hazard insurance mo. @$ per mo. 1002. Mortage insurance mo. @$ per mo. 1003 City property taxes mo. @$ per mo. 1D04. County property taxes mo @$ per mo. 1005 Annual assessments(Maint 1 mo. @$ per mo. 1006 mo. @$ per mo, 1007. mo. @$ per mo. 1008 mo @$ per mo. lim LE CHARGES: 1101.Settlement or closing fee to 1102 Abstract or title search to 1103 Title examination to 1104 Title insurance binder to 1105 Document preparation to 1106 Notary fees to 1107 Attorney's fees to to (includes above items No tad 1108 Title insurance to HOUSTON TITLE COMPANY & 50% T.R.J. 3, 353 . 00 (includes above items No. 1109 Lender's coverage $ 1110.Owner's coverage $ 460 , 000 . 00 1111,Escrow Fee 1112 Restrictions 1113 Messenger Service 15. 00 15. 00 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES it 1201 Recording fees.Deed$ 1 p Mortgage$ Releases$ 10. 00 1202.City/county tax/stamps:Deed$ Mortgage$ 1201 State tax/stamps:Deed$ Mortgage$ 1204 1 AX CERTS 62. 54 1205 1 113 , 895. 31 130o ADDITIONAL SETTLEMENT CHARGES 1301 Survey to 1302 Pest inspection to 1303 1304 1305 140o TOTAL SETTLEMENT CHARGES entered on lines 103, Section J and 502, Section K) 25. 00 1777T7.77 I KCAL ESUiUE &1P1PMRz%L PREPARED FOR MR . GERRY MONZINGO SENIOR VICE PRESIDENT MERCHANTS BANK SOUTH HOUSTON 1111 SPENCER HWY. SOUTH HOUSTON, TEXAS 77587 RE : J . WAYNE ROBINSON PROPERTY APPRAISED ATRIUM OFFICE BUILDING 416 FRIENDSWOOD DRIVE FRIENDSWOOD, GALVESTON COUNTY, TEXAS AUGUST 25 , 1991 PREPARED BY RANDALL L. REDD, MRA,RTA,CRA APPRAISAL SERVICE 13046 ELMINGTON DR . CYPRESS , TEXAS 77429 ( 713 ) 320-0291 2P oNp,L ASSO�,gT'Ot O� ey S R APPPP`y`v MEMBER c//���7:�%CLLLIY/L c.ILCUff/L FORM N0.978• i CERTIFICATE OF VALUE_ RANDALL L . REDD , INC . 13046 ELMINGTON DR . CYPRESS , TEXAS 77429 ( 713) 320-0291 AUGUST 29 , 1991 MR . GERRY MONZINGO SENIOR VICE-PRESIDENT MERCHANTS BANK SOUTH HOUSTON 1111 SPENCER HWY . SOUTH HOUSTON, TEXAS 77587 ( 713) 946-5000 RE: APPRAISAL OF AN ATRIUM OFFICE BUILDING, KNOWN AS: 416 SOUTH FRIENDSWOOD DRIVE , FRIENDSWOOD, GALVESTON COUNTY, TEXAS . DEAR MR . MONZINGO ; AS YOU HAVE REQUESTED, I HAVE MADE AN APPRAISAL OF THE SUBJECT PROPERTY MENTIONED ABOVE , WHICH IS LEGALLY DESCRIBED AS : LOTS 9 & 10, HARVEY & STOUT S/D, FRIENDSWOOD, GALVESTON COUNTY, TEXAS . THE PURPOSE OF THIS APPRAISAL IS TO ESTIMATE THE MARKET VALUE OF THE ABOVE MENTIONED PROPERTY AS IN IT ' S PRESENT CONDITION, BEFORE ANY REPAIRS , IF ANY, ARE COMPLETED . MARKET VALUE IS DEFINED AS : "THE MOST PROBABLE PRICE IN TERMS OF MONEY WHICH A PROPERTY WILL BRING IN A COMPETITIVE AND OPEN MARKET UNDER ALL CONDITIONS REQUISITE TO A FAIR SALE . THE BUYER AND SELLER , EACH ACTING PRUDENTLY , KNOWLEDGEABLY, AND ASSUMING THE PRICE IS NOT AFFECTED BY UNDUE STIMULUS" . THE REPORTED ANALYSIS , OPINIONS , AND CONCLUSIONS ARE LIMITED ONLY BY THE REPORTED ASSUMPTIONS AND LIMITING CONDITIONS , AND ARE MY PERSONAL , UNBIASED PROFESSIONAL ANALYSIS , OPINIONS , AND CONCLUSIONS . I HAVE NO PRESENT OR PROSPECTIVE INTEREST IN THE PROPERTY THAT IS THE SUBJECT OF THIS REPORT , AND I HAVE NO PERSONAL INTEREST OR BIAS WITH RESPECT TO THE PARTIES INVOLVED . MY ANALYSIS , OPINIONS WERE DEVELOPED , AND THIS REPORT HAS BEEN PREPARED , IN CONFORMITY WITH THE RULES OF THE TEXAS REAL ESTATE COMMISSION. AFTER A THOROUGH ANALYSIS OF THE PROPERTY DESCRIBED ABOVE , AND EXPLAINED IN DETAIL IN THE ATTACHED REPORT , IT IS MY OPINION, THAT THE FAIR MARKET VALUE OF THE SUBJECT , 'AS IS ' CONDITION AND AS OF AUGUST 25 , 1991 IS: NINE-HUNDRED-NINETY-THOUSAND DOLLARS $990 ,000 .00 ESTIMATED MARKET TIME OF 12 MONTHS . ASS��r�°y Appraiser Certifications O� �y S ER AppPr`y`v The Texas Real Estate Commission, Cannons of Professional Ethics and Conduct for Real Estate Licensees,§531.14 (c) requires "each written appraisal report shall include a signed certification that is similar in content to the following:" "I certify that, to the best of my knowledge and belief: 1. The statements of facts contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. 3. I have no (or the specified) present prospective interest in the property that is the subject of this report, and I have no (or the specified) personal interest or bias with respect to the parties involved. 4. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. 5. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the rules of the Texas Real Estate Commission. 6. I have (or have not)made a personal inspection of the property that is the subject of this report. (If more than one person signs the report, this certification must clearly specify which individuals did and which individuals did not make a personal inspection of the appraised property.) 7. No one provided significant professional assistance to the person signing this report. (If there are exceptions, the name of each individual providing significant professional assistance must be stated.)" Appraiser: Review Appraiser: I ® have ❑ have not made a personal I ❑ have ❑ have not made a personal inspection of the property that is the subject of inspection of the property that is the subject of this report. this report. Signature RANDALL L. REDD, MRA,RTA,CRA Signature AUGUST 25, 1991 #20882827 Date License No. Date License No. Form No.422 m Real Estate Law Institute Inc.,MCMLXXXIII,Box 12528,San Antonio,TX 78212. No representations are made as to the legal validity or adequacy of any provision in any specific trasaction. AGREEMERT FOR APPRAISAL RRVICES 1. PARTIES. MERCHANTS BANK SOUTH HOUSTON/ J .WAYNE ROBINSOPlient RANDALL L. REDD, MRA,RTA,CRA hereby agrees to employ Appraiser 2. PROPERTY located in GALVESTON County, State of TEXASlegally described as: LOTS 9 & 10 HARVEY & STOUT S/D CITY OF FRIENDSWOOD 416 SOUTH FRIENDSWOOD DRIVE ADDRESS hereinafter called Property. 3. APPRAISAL REPORT. Appraiser agrees to prepare in writing an Appraisal Report in conformity with any professional organization to which Appraiser may belong with a final conclusion as to value. The purpose of this appraisal is ❑ Purchase ❑ Sale ❑ Estate Tax ❑ Lease ❑ Insurance ❑ Ad valorem tax ® Mortgage Financing❑ Condemnation❑ General informa- tion❑ Other 4. INTEREST to be applied shall be[X Fee Simple ❑ Other 5. COMPLETION of the appraisal shall be by subject to unforeseen circumstances or conditions beyond the control of the Appraiser. The number of copies to be prepared is 6. PAYMENT FOR SERVICES: R9 AGREED FEE. Client agrees to pay Appraiser a cash fee of$ 250 .00 ❑ HOURLY-PER DIEM. Client agrees to pay Appraiser a cash fee of$ per❑ hour❑ day for time expended on Client's behalf, to an estimated maximum of$ ❑ EXPENSES. Appraiser shall be additionally paid usual and necessary expenses for the following LITIGATION. In the event Appraiser is called upon voluntarily or otherwise, to testifyy in court or deposition regarding the Appraisal Report herein, Client agrees to pay an additional sum of$ MOM 0 0 for each HOUR plus Appraiser's usual and customary expenses. ❑ CANCELLATION. If this agreement is cancelled at any time prior to delivery of the Appraisal Report, Client agrees to pay a fee of ❑ RETAINER fee in the amount of$ is payable to apply toward the total fee herein. All sums due hereunder shall be paid on delivery of the Appraisal Report to client, and are payable in the County of Appraiser's principal residence. The Appraiser's fee is in no way based on the final value estimate of the appraised Property, and all sums hereunder are due and payable regardless of the amount of the final value estimate. In the event it is necessary to employ an at- torney to collect any sums due herein, Client agrees to pay reasonable attorneys fees and court costs expended by Appraiser. 7. AUTHORITY. Appraiser and his/her subcontractors are hereby authorized to make on-site inspections of subject property at all reasonable times to obtain supporting property data, including but not limited to: Building plans, plats, deeds, legal descrip- tions, abstracts, income and expense data, leases, options. Further to interview Client's attorneys, accountants, managers, agents, present and prospective tenants. To be furnished copies of relevant information, to copy same and use as documentation for the Appraisal Report. To obtain such information that in the Appraiser's judgment may be relevant to the appraisal. 8. CLIENT'S AUTHORITY to execute this agreement is hereby warranted, and that Client is either owner of the subject property or has authority of the owner to enter into this agreement. 9. CONDITIONS.The Appraisal Report shall be subject to Appraiser's conditions and limitations standard form or as shown on attachment hereto. The Appraisal Report will be prepared for the sole and exclusive use of Client, and shall not be reproduced, printed, or distrubuted in any manner without written consent of Appraiser, as it consists of trade secrets and commercial and financial information. 10.WARRANTIES AND INDEMNITY. Appraiser does not make any warranties or guarantees of any kind regarding the condi- tion of the property, sufficiency of title, areas and boundaries, mechanical and structural conditions of the improvements, and with the agreement that the Appraisal Report represents Appraiser's opinion of value only, without any warranty that the pro- perty will sell for the appraised value. Client agrees to indemnify Appraiser, his employees, and independent contractors from all claims, suits, and charges of any nature that may arise out of this agreement. 11. ADDITIONAL AGREEMENTS. Executed in duplicate originals this the 20 day of AUGUST 19 91 nL A c �Z Z 'STFR APP P`S DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area, these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS CERTIFICATION: The Appraiser certifies and agrees that: 1. The Appraiser has no present or contemplated future interest in the property appraised;and neither the employment to make the appraisal,nor the compensation for it,is contingent upon the appraised value of the property. 2. The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the partici- pants to the sale.The"Estimate of Market Value"in the appraisal report is not based in whole or in part upon the race,color, or national origin of the prospective owners or occupants of the property appraised, or upon the race,color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 3. The Appraiser has personally inspected the property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. To the best of the Appraiser's knowledge and belief,all statements and information in this report are true and correct,and the Appraiser has not knowingly withheld any significant information. 4. All contingent and limiting conditions are contained herein (imposed by the terms of the assignment or by the under- signed affecting the analyses,opinions,and conclusions contained in the report). S. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraiser is affiliated. 6. All conclusions and opinions concerning the real estate that are set forth in the appraisal report were prepared by the Appraiser whose signature appears on the appraisal report,unless indicated as"Review Appraiser."No change of any item in the appraisal report shall be made by anyone other than the Appraiser,and the Appraiser shall have no responsibility for any such unauthorized change. CONTINGENT AND LIMITING CONDITIONS:The certification of the Appraiser appearing in the appraisal report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the Appraiser in the report. 1. The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the titre there- to, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable.The property is appraised as though under responsible ownership. 2. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the prop. erty.The Appraiser has made no survey of the property. 3. The Appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question,unless arrangements have been previously made therefor. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5. The Appraiser assumes that there are no hidden or unapparent conditions of the property,subsoil,or structures,which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions,or for engineering which might be required to discover such factors. 6.Information,est.., ites,and opinions furnished to the Appraiser,and contained in the report,were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assur 1 by the Appraiser. 7.Disclosure of the ►tents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated. 8. Neither all, nor any part of the content of the report, or copy thereof(including conclusions as to the property value, the identity of the Appraiser,professional designations,reference to any professional appraisal organizations,or the firm with which the Appraiser is connected),shall be used for any purposes by anyone but the client specified in the report,the borrower if appraisal fee paid by same, the mortgagee or its successors and assigns,mortgage insurers, consultants,professional appraisal organizations, any state or federally approved financial institution,any department,agency,or instrumentality of the United States or any state or the District of Columbia,without the previous written consent of the Appraiser;nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the Appraiser. 9. On all appraisals,subject to satisfactory completion,repairs,or alterations,the appraisal report and value conclusion are QUALIFICATIONS RANDALL L . REDD, MRA,RTA,CRA MR . REDD IS A REAL ESTATE APPRAISER/BROKER AND OWNS THE APPRAISAL FIRM OF RANDALL L . REDD , INC . HE HAS BEEN LICENSED IN THE STATE OF TEXAS SINCE 1972 AND HAS AN OFFICE IN CYPRESS , TEXAS . PROFESSIONAL AFFILIATION NATIONAL ASSOCIATION OF MASTER APPRAISERS , DESIGNATED - MRA #2260 . STATE PROPERTY TAX BOARD - DESIGNATED - RTA #17648-2 . TEXAS REAL ESTATE BROKER - #208828-27 . NATIONAL ASSOCIATION OF REVIEW APPRAISERS - SENIOR MEMBER - CRA . FEDERAL HOUSING ADMINISTRATION ( FHA) - CERTIFIED - #3134 . HOUSTON BOARD OF REALTORS TEXAS STATE BOARD OF REALTORS NATIONAL BOARD OF REALTORS EDUCATION FT . WORTH COLLEGE - CERTIFIED ARCHITECTURAL DRAFTSMAN - 1964 . NORTHWESTERN STATE UNIVERSITY - B . S . - 1968 . CONTINUING EDUCATION COURSES : a . ) UNIVERSITY OF HOUSTON 1 . ) 101 - FUNDAMENTALS OF REAL ESTATE INVESTMENT & TAXATION. 2 . ) 102 - FUNDAMENTALS OF CREATING A REAL ESTATE INVESTMENT . 3 . ) 103 - ADVANCED REAL ESTATE TAXATION AND MARKETING TOOLS . 4 . ) 104 - FUNDAMENTALS OF COMMERCIAL REAL ESTATE APPRAISING . 5 . ) 105 - ADVANCED APPRAISING USING THE COST AND INCOME APPROACH . b . ) UNIVERSITY OF TEXAS 1 . ) 100 - TEXAS PROPERTY TAX SYSTEM. 2 . ) 120 - INTRODUCTION TO APPRAISAL . 3 . ) 210 - COST APPROACH TO VALUE . 4 . ) 220 - MARKET APPROACH TO VALUE . 5 . ) 230 - INCOME APPROACH TO VALUE . 6 . ) 315 - APPRAISAL OF OIL AND GAS . 7 . ) 360 - MASS APPRAISAL CONCEPTS . 8 . ) 235 - PROPERTY TAX ASSESSMENT . 9 . ) 325 _ PROPERTY TAX LAW . 10 . ) 365 _ ADVANCED COLLECTIONS . c . ) NORTH HARRIS COUNTY COMMUNITY COLLEGE 1 . ) 130 - PROPERTY TAX COLLECTIONS . 2 . ) 250 - APPRAISAL OF PERSONAL PROPERTY. d . ) LAMAR UNIVERSITY 1 . ) 101 - MAPPING FROM FIELD NOTES . e . ) LINCOLN GRADUATE CENTER 1 . ) 627 - PRINCIPLES OF APPRAISAL . 2 . ) 628 - PRACTICES OF APPRAISAL . 3 . ) 660 - WRITING THE NARRATIVE APPRAISAL REPORT . 4 . ) 637 - LAND APPRAISAL . 5 . ) 649 - COMMERCIAL-INVESTMENT APPRAISAL . 6 . ) 647 - ADVANCED COMMERCIAL APPRAISAL . MR . REDD HAS BEEN A STAFF APPRAISER FOR THE FEDERAL HOUSING ADMINISTRATION, FIRST UNION MORTGAGE , CORP . ,AND THE SPRING INDEPENDENT SCHOOL DISTRICT. MR . REDD HAS COMPLETED APPRAISALS FOR : FHA, RTC, SBA GUARDIAN BANK PEOPLES NATIONAL BANK SPRING I .S .D. GOLDEN MORTGAGE CENTURY 21 CORP . FIRST UNION MORTGAGE BANK OF AUSTIN CONOCO OIL MERCHANTS BANK NORWEST MORTG. PELICAN SAVING ASSOC. APPRAISAL REPORT COMMERCIAL Cl INDUSTRIAL ® OFFICE Borrower J . WAYNE ROBINSON Client: MR . GERRY MONZINGO — MERCHANTS BANK S .H. File/Request q 01-252 Property Address: 416 SOUTH FRIENDSWOOD DRIVE Map Reference: 656—D City: _ FRIENDSWOOD County: GALVESTON Census Tract: _ State: _ TEXAS Zip Code:_ _Phone#: 946-5000 Asses. Pcl. #: Market Approach Value: $ 985 , 000 . 00 _ Income Approach Value:$ 11000 , 000 . 00 Cost Approach Value:$ 1 , 000 , 000 . 00 _ Current Land Value: $ 250 , 000 . 00 FINAL VALUE ESTIMATE $ 990 , 000 . 00 Date AUGUST 25 , 1991 Sale Price: $ NO SALE Property Rights Appraised: FEE SIMPLE Down Payment: $ UNKNOWN Sale Price Per Sq. Ft.: $ N/A PROPERTY RENT INCOME BUILDING SITE GENERAL INFORMATION Value: Actual ($/SF): Gross ($): Gross Building Area: Size: Parking: As is Subject To S.F. (Ratio/1,000 S.F.) ® Q UNKNOWN $ 175 , 742 15 ,416 1 . 428AC 2 : 1000 (Peter to Page 12) Market ($/SF): Effective ($): Net Rent Area: Zonin Year Built: 0 . 95� $ 123 , 019 SAME SF COMIERCIA 1980 ESTIMATED Cost New ($): Vacancy(%): Expenses ($): Office Area (%): Owned = Effective Age: 30/ Actual $24 , 000 100/ Leased ® 11 YEARS Value/S.F. ($): O.A.R. (%): N.O.I. ($): B/L Ratio: Leasehold ($): Remaining Economic Life: 10% $99 , 019 1 : 2 1 N/A 40 YEARS PROPERTY Type of Construction: BEICK/BLOCK OFFICE Number of Tenants: 10+ Excellent Good Average Fair Poor Quality Condition 0 Interior Finish 0 © 0 Overall Utility 0 © 0 0 0 Economic Feasibility(Addendum,as necessary) Typical Buyer 0 Owner User ® Investors 0 Highest and Best Use: _ THE HIGHEST AND BEST USE FOR THE SUBJECT PROPERTY WOULD BE BE ITS CURRENT USE AS AN OFFICE . NEIGHBORHOOD SUMMARY Conformity of Uses: Excellent Good Average Fair Poor Maintenance/Appeal © 0 0 Increasing Static Decreasing Value Trends Good Average Fair Poor Development Trends 0 © 0 [] Oversupply Balanced Undersupply Market Supply Very Good Good Average Weak Subject Property Market Demand COMMENTS. THE SUBJECT PROPERTY IS LOCATED_SOUTH_OF WEST EDGE_WOOD AND NORTH OF PARKWOOD DRIVE . THE MARKET AREA IS MIXED WITH RESIDENTIAL AND COMMERCIAL WITH LOTS OF SMALL BUSINESSES THROUGHOUT THE ENTIRE AREA. Subject Flood Hazard Area: Yes No Earthquake Study Area: Yes No Environmental Risk Issues To Be Resolved: 0 Yes 0 No (Toxic/Hazardous Waste/Asbestos) If"Yes", Explain In Comments Section Below AP, AAISAL PHOTOGRAPH ADDENL4M BORROWER/CLIENT J . WAYNE ROBINSON ADDRESS OF PROPERTY 416 SOUTH FRIENDSWOOD DRIVE CITY FRIENDSWOOD COUNTY GALVESTON STATE TEXAS ZIP LENDER MERCHANTS BANK SOUTH HOUSTON APPRAISER RANDALL L. REDD, MRA,RTA,CRA ii T OF ECT PROPERTY OF ECT PROPERTY 4 JAMES N.PELL,P.C. Certilmd Pub4c Accw tam H„o.. 4823,704 ANSWERMG SERVICE HOUSTON TITLE r a= �ESARE�.GAw JR.A.1 IA. � LE IS HER INVESTIGATIVE SERVICE y ET SCENE 939-991 PAGE 3 NEIGHBORHOOD Neighborhood Built Up: 95 % Immediate Area 95 Location: 0 Urban Suburban 0 Rural Maintenance Level: ® Good Average [_] Fair Poor Present Neighborhood Land Use: 55 %Single Family 4 %Apartments 0 %Condominiums 2 0 %Retail 5 %Office 1 %Vacant 0 % Industrial 15 %Other: MISC/WHSE Immediate Neighborhood Trend: 0 Improving ®Stable Declining Change in Present Land Use: ® Not Likely Likely Taking Place Neighborhood Rental Demand for Properties Similiar to Subject Property: 0 Very Good ©Good 0 Average Weak The Following Items Concern Property Types Similar to the Subject Property: Rental Range(Excluding Extremes): $ ...0.. 35 /S.F. To$ 1 . 10 /S.F. Age Range(Excluding Extremes): 1 Years To 3 Years Supply: Oversupply ©Balanced 0 Undersupplied Vacancy: 1 % ©Decreasing 0 Increasing 0 Stable COMMENTS: THE SUBJECTS NEIGHBORHOOD IS PRIMERILY A MIDDLE INCOME LEVEL MARKET AREA WITH A GOOD SOLID RESIDENTIAL BASE AND CLOSE—BY JOBS IN THE CLEAR LAKE, HOUSTON, AND GALVESTON AREAS . THE CLOSE PROXIMITY TO I-45 MAKES ITS LOCATION DESIRABLE FOR BOTH BUSINESS AND HOME . SITE DATA Legal Description: LOTS 9 & 10 , BLOCK 2 , HARVEY & STOUT S/D Lot Dimensions: UNNOWN — SURVEY NOT AVAILABLE Total Area: 1 . 428AC S.F. Zoning: COMMERCIAL Conforming Use: Yes 0 No USES PERMITTED UNDER ZONING: THE SUBJECT PROPERTY IS ZONED FOR COMMERCIAL USE AND THE SITE IS TYPICAL OF THE MARKET AREA. THERE WERE NO APPARENT ADVERSE EASEMENTS OR ENCROACHMENTS NOTED BY THE APPRAISER AS OF THE DATE OF INSPECTION. TOPOGRAPHY UTILITIES ®Level ®Water Private ® Public Q Well Moderate Slope 0 Up From Street =Down From ®Sewer =Septic 0 Hillside Street ®Gas Inside Lot ®Corner Lot ® Electricity ADDITIONAL COMMENTS ®Underground Utilities ®Public Private 24 . 7 %Floor Area Ratio ®Curbs (Ground Floor Bldg. Area- Land Area) ®Gutters EXISTING UTILITIES 24 . 7 To 1 Building To Land Ratio ®Sidewalks Adequate (Total Building Area:Land Area ®Street Lights ® Yes No ®Street Surfaced If"No'' Comment Below COMMENTS: THE SUBJECT PROPERTY IS A ONE STORY CONCRETE _BLOCK AND BRICK OFFICE BUILDING WITH A NICE LARGE PARKING LOT. THERE WERE NO OBVIOUS REPAIRS NOTICED BY THE APPRAISER AND THE BUILDING APPEARS TO BE IN rnnn rnrTnTTTnnT .....w.656...r.. i�•+ � 'dG r O S� ;PIG �O P,r,A. t C? k S f•6 fc �/r q.ta.....y1'y1• trc ° 1� `� oQ GGVVV p��y4t 6 J ��`�i 1 4 i� G PSG E� pia A ` ±sf9y4 01 ,Jj ?) P+•�1 .]n ,�P �,j1 Q'���`riF c�� QPPr� 1 i CLOVER FIELD. Q�� Cyr r�Fs J� °J"I 'gyp, �L Q\��c. °'pF, Pam`\N P\'� tQ" Ptiyti P,�o \tip Q°5 CRK < P F CP Z ' V _ cqr ahp °<! LOJ� i � �yQJIPb 3l S It ryS qF JP ? 9f Yf,P/1 'CEO f 9 \' , y� i c•3`� Cl"�.S S adlum o `b�?y JPQ °-r ' Frienditbodd a +gcg4 JEN SVOD pp o? G. ' ' c� �`p PO Aq qp pj •. '?� P`V Ot. 5 f1 � f G`�� / p .gip,p�`�,• .y 0J� ,. pay < wKE,•MAPS I £ F °'go- j'PANA ERICAN CAP RO NAq� /y rO,j, } x' m hiKKrr WY n r �`e► `sbN N SO G ��� v�G WIN ND ! 'P O G " f-NI�i eog g 6cP I oC o q DES CAS tL P t! � CR.552 I Oct" N"S�idC 1 i jr < ROA O s --- - -`— hi g@ 00 E W a - --- ---- hp A .may" LLY A m c 54h✓p u \ A/Jp ROA�D�yy v I f `P N CSti V 1 a D `y ` E� C N CLU = y' FRO sp`- - ♦ j, LEAGUEIr ITY N'M.Mp C.R. rc •I33 i LUNDY LUNDY n I I S m1C4RMir►rgugww W -MBRICAA' f -'EST ��'t '�!�'���I`���.� �� �� . �� ����� � Eli �►',3 • � � �': �, ,� �al;buy'vV' �j `����1 � � •�"� 90 Ml Via.: �. --- ,,�. • •� , ''EM-_- SAM '►�•��••'�����,�) .,.. . a�l> ram,. -1■- � ._� �.. � ►.�.� *_ Pp :' �1► O� ..tea. �• :.w�.wi�r�=s��■[Cne13 a_7�Y�•■eAIF,iK Wk!11:::�•�.T�in�u..�._ I, � •� �i ':�' �,.�.•...�a��i�� �1� ,17II•-_f I: �. �I�.'L�:'''``� .��fir---�-t a7ta Ci■�'"f�Yri�+:,.�.�,���I!�ttt tFs3�■!�ii'=ii'l��tC-,L�.�?�_Ccifi::ECn,:•���'■/��r�.�,►e,�'r,:•�1•>•�:t.L,�..�. �...:•::a��++�`�1►•s�_'G-�'.��`i�• �`At'�I1�'�/�"I'��'�`�i�,!/.,�� 'I�.� LN11d W.. 1ffi1 1�••Mily � •W J. • F Hip- now MF IMP • _«, Sj ► �` .. _ - � � � '���� � c•�^�3I � pe/� .��T�/.�YAL L111111�CC1�N�� !}•�J' F,•1.. ���p �1��� A-a.•, �4M��.tyY` �_ �!� •@tea® f.�Fal1. ,�;�. .* ,•.tcrw�' � .rr, �� � •. t i •.�L A 1�7y tT , PAGE 6 IMPROVEMENTS Type of Property: CONCRETE BLOCK/BRICK OFFICE BUILDING Class of Construction B Year Built: 19 8 0 Effective Age: 1 1 Years No.of Bldgs: ONE No.of Stories: ONE Parking: ®Open = Covered Number of Spaces: 80 CARS Ratio: 2 : 1000 /1,000 Sq.Ft.Ratio Building Efficiency Ratio: 90% °k Office Area: 100 SPECIFICATIONS RATING OF STRUCTURE Exterior CONCRETE BLOCK/BRICK Excellent Good Average Fair Poor Roof Type T&G BUILT—UP Architecture 0 Ox Foundation CONCRETE SLAB Construction Quality Interior Walls SHEET ROCK Condition of Exterior ® 0 Ceiling SHEET ROCK Condition of Interior 0 ® 0 0 Floors CARPETING Floor Plan 0 Heating CENTRAL Plumbing 0 [� Air Conditioning CENTRAL Electrical Insulation FIBERGLASS Heating 0 Elevator(#) NONE Air Conditioning Sprinklers NONE Baths AVERAGE Truck Doors NONE Docks NONE Comments: Rail Service NONE Clear Height 9 FT. Power 110V Floor Number Gross Sq. Ft. Net Sq. Ft. FIRST 15 , 416 15 ,416 Totals: 15 , 416 S.F. 15 ,416 S.F. Caro.Bldg.Area Net Rentable Area Usable Area Basis for Square Foot Area: COSTAPPROACH Replacement Cost® Reproduction Cost C] Source of Cost Data: MARSHALL & SWIFT COST HANDBOOK AND THE APPRAISERS FILES Sq. Ft.@$ $ BUILDING 15 , 416 SF 50 . 00 770 , 800 . 00 PAVING 45 , 000 SF 1 . 25 56 , 250 . 00 Total Estimated Cost New of Improvements $ 827 , 050 . 00 Less Total Depreciation $ 85 , 000 . 00 Depreciated Value of the Improvements $ 742 , 050 . 00 Add Land Value $ 250 , 000 . 00 Indicated Value by the Cost Approach $ 9 9 2 , 050 . 00 Rounded to $ 1 , 000 , 000 . 00 COMMENTS INCLUDING EXPLANATION OF DEPRECIATION: THE SUBJECT PROPERTY APPEARS TO BE IN GOOD CONDTTTON FnR APPRAISER'S AFFIDAVIT FEDERAL FLOOD INSURANCE I have checked the location of subject property in compliance with the Controller's Regulations Regarding Federal Flood Insurance and my findings are checked below. 1. The property is located in a community that is not eligible for Federal Flood Insurance. xx 2. The property is located in a community that is eligible for Federal Flood Insurance, but the map for the area is not available. 3. The property is located in a community that is eligible for Federal Flood Insurance,the area is mapped and the subject property is not located in an area designated as a "special flood hazard area." 4. The property is located in an area designated as a "special flood hazard area" and insurance is required. Signed RANDALL L. REDD, MRA,RTA,CRA Date AUGUST 25 , 1991 FW 37N CADD Cc,1984 Forms and Worms Inc.315 Whitney Ave.New Haven,Ct.06511 All Rights Reserved Item# I50500 SOIL CONSERVATION SERVi• US.OEPARTtar:HT Of AGRICULTURE PRINCIPAL ACTIVE FAULTS ,!I" HOUSTON AREA TEXAS ,! 7100 195e 45 N'p°a y •.••, Lckr +— •S~� /t 2 00 J. O 52-9 ARSEAS:% S :90 f 'fCL1NTOl umat 1 "t e ,o w �"• w \ 4�� rP,Mtt t~ �` - •• hovs10 SN,/ S7 1.e• ou Scott 9 ;..3eyt .• t�/ BaY IN av 75 HOUSTON *� ao ;� t' '• : : y ICU 5 I r p* _Te j a f A6. / '61 t•.7. 0 ey J Puadera �. �SCO HOUSTON ep�o 7P1E CE y%:.'; '♦ .:C DAR POl ~ J \ JUlCT10LE t1eR�eT T�;:C E f.t::;;o:;::'• .. LEGEND kWA;. : .• :,•.:• e FaUI(' "TROT Dashed where Y—r interred :l:r+: ;c. : :':: / Ge! r7ton Bey Downthrown side in- 'g• E AiDGE nt:AZ t }::•. '•\• ti N. dicaled by triangles ;>• `:: s` �' ::: / :;r t ».. :SW OD ,: fRtEl' 770 Subsidence Number indicaks t Contour Subsidence in.feet S StntKnphie HUId8LE H♦ GS.:=e :.. Uprdt NOTE: Absence'(faults at a tirtn Coy " ICN7 ( `cos . I.M.on the nip does not �G mean none ate present ,nCuatT Ie1l o } to J 7 • EKES ' 5439 CO V►K(D FROM 1,7,COUNTY MICMw4T MAP to •sovoc[:►RI%cu,04 attrvt 7AUtta O-N[Kt AND TAX MtN PAGE 9 CAPITALIZATIONDIRECT Overall Rate Range 8 %To 1 1 %Equity Dividend Rate Range 5 % To 8 0 % Mortgage Equity Overall Capitalization Rate Loan 80 % (x) 0 • 2 0 (Mortgage Constant) = 1/6 0 Equity 20 % (x) 0 . 41 (Equity Dividend Rate) = 8 . 20 % TOTAL = 9 . 80 % Rounded to 10 . 00 SELECTED OVERALL CAPITALIZATION RATE 1 10 % COMMENTS: THE DIRECT CAPITALIZATION PROCESS UTILIZES A MARKET DERIVED OVERALL RATE AGAINST AN ESTIMATE OF STABILIZED NET OPERATING INCOME . THE RANGE OF OVERALL RATES FROM THE MARKET DATA IS SET FORTH ALONG WITH THE RANGE OF EQUITY DIVIDEND RATES . THE SYNTHESSIZED CAP RATE IS DEVELOPED BY ADDING THE EQUITY DIVIDEND RATE TO THE MORTGAGE CONSTANT RATE . INCOME .O, Gross Monthly Income $ 14, 645 . 20 Gross Annual Income $17 5 , 7 4 2 . 4 0 Less Vacancy/Collection Losses of 30 52 , 722 . 72 EFFECTIVE GROSS INCOME 123 , 019 , 68 ANNUAL EXPENSES ACTUAL($) APPRAISER EST. ($) APPRAISER-SCALCULATIONS/COMMENT Period from FIXED EXPENSES: 08/25/90 to ALL EXPENSES WERE 08/25/91 BASED ON SIMILAR INCOME PRODUCING Real Estate Taxes 3 , 400 . 00 PROPERTIES . Insurance 1 , 000 . 00 OPERATING EXPENSES: Gas 1 , 200 . 00 Electricity 3 , 0 0 0 . 00 Water 900 . 00 Rubbish 1 , 200 . 00 Building Maintenance —0— _ Elevator Maintenance —0— Air Conditioning Maintenance 500 . 00 Parking Area Maintenance 900 . 00 Janitor 1 , 0 0 0 . 0 0 Property Management Landscaping 900 . 00 Expense Subtotal $ $ 14 , 000 . 00 REPLACEMENT RESERVES': $ $) ($ @ Years) BLDG . MAINT . 10 , 000 . 00 AND REPAIR If not included In maintenance. Replacement Reserve Subtotal $ $ 10, 000 . 00 PAGE 10 APPROACHMARKET The market data selected are the most recent sales of properties,similar and proximate to subject,known to the appraiser,thaj a buyer of subject property would have given consideration to purchasing. Cash equivalency is included when applicable. ITEM SUBJECT PROPERTY COMPARABLE#1 COMPARABLE#2 COMPARABLE#3 Address 416 9906 4023 17625 S . FRIENDSWOOD GULF FRWY. WOODLAWN ST. EL CA_M_IN_0REAL_ Proximity to Subject N/A 6 MILES NORTH 7 MILES N.E . 3 MILES N.E. Map Code 656—D 575—H _ 577—A_ 618—U _ Brief 1980 1977 1964 1981 Year Built: Year Built: Year Built: Year Built: Description of vacancy: 30% Vacancy: 30% Vacancy: 30% Vacancy: 20% Building Improvements OFFICE OFFICE OFFICE OFFICE BUILDING BUILDING BUILDING BUILDING Gross Bldg (S.F.) 15 , 416 SF 29, 302 SF 18 , 555 SF 76 , 000 SF Net Rentable(S.F.) SAME SAME SAME SAME Condition GOOD GOOD GOOD GOOD No.of Stories ONE TWO ONE TWO Construction Type C . BLK BRICK E UAL EQUAL E UAL Construction Quality GOOD GOOD GOOD GOOD Tenant Improvements INTERIOR INTERIOR INTERIOR INTERIOR__ Heating CENTRAL CENTRAL CENTRAL CENTRAL Air Conditioning CENTRAL CENTRAL CENTRAL CENTRAL Lot Area/Bldg.Coverage 1 . 428 ACRES 8 .43 ACRES 0 . 79 ACRES 4 . 15 ACRES Parking (No.Spaces) 80 CARS 100 CARS 45 CARS 150 CARS Tenant Appeal GOOD GOOD GOOD GOOD Sprinklered NONE NONE NONE NONE INDUSTRIAL ONLY: Clear Height(s) 9 FT . 9 FT . 9 FT. 9 FT. Truck Access AVERAGE AVERAGE AVERAGE AVERAGE Rail Served NONE NONE I NONE NONE Rental Rates(P.S.F./Mo.) 0 . 95� _ 0 . 80�_ _ 0 . 8U _ _ 1 . 00 Gross or Net GROSS GROSS GROSS Gl-O-7,;S Lease Terms(Yrs.) 1-3 1-3 1-3 1-3 Data Source INSPECTION REVAC TAX REC REVAC/TAX REC REVAC/TAX REC Doc Number N/A 200-73-2095 034-14-0416 200-79-2482 Actual Price NO SALE $1 ,440 , 000 $610 , 000 $2 , 050 , 000 Sale-Listing-Offer NO SALE SALE SALE SALE Date of Sale AUG 91 02/15/91 05/15/91 02/19/91 Terms UNKNOWN BAN_K_NOT_E _ _ CASH_ BANK_NOTE Effective Grs.Ann. Inc. $123 , 019 UNKNOWN UNKNOWN UNKNOWN Expense % 2.4 , 000 NOT AVAILABLE N.O.I. 99 , 019 - ----- Equity Dividend . 4 1% -- -- --- --- Equity Dividend Rate 41 Vacancy Factor % 30% Cash Equivalency - — — ---_-- - — - Adjustments Nominal Adjusted Nominal Adjusted Nominal Adjusted Nominal Adjusted Gross Inc.Multiplier 5. 6 _O.A.R. 'k_ 10/ Price/Sq.Ft.of Bldg. ($) 63 . 89 Price _ ($) — 985 000 _ 1 . 1 MIL 985 ,000 1 . 5 MIL VALUE INDICATOR FOR SUBJECT PROPERTY Indicated Gross Income Multiplier 5 . 6 (x)Gross Annual Income$ 175 , 742 =$ 984 , 155 . 00 Indicated Value by Price Per S.F.$ 63 . 89 (x) 15 , 416 S.F. _$ 984 , 928 . 00 11,11 IN IN Fit I 12 • • INDICATOR VALUE COST APPROACH $ 1 , 000 , 000 . 00 MARKET APPROACH $ 985 , 000 . 00 INCOME APPROACH $ 1 , 000 , 000 . 00 PREVIOUSHISTORY NO PREVIOUS SALES HISTORY AVAILABLE _ AVAILABLE TO THE APPRAISER AS OF THE DATE OF THIS REPORT. FINAL VALUE ANALYSIS: THE INDICATED MARKET VALUE OF THE SUBJECT WAS BASED O4 ITS PRESENT CONDITION. ANY REPAIRS TO THE SUBJECT SHOULD BE COMPLETED BEFORE PLACING ON THE OPEN MARKET FOR RESALE . THE MARKET APPROACH WAS CONSIDERED THE BEST INDICATION OF MARKET VALUE OF THE SUBJECT AS IT REFLECTS THE ACTIONS OF THE TYPICAL BUYER AND SELLER IN THE SUBJECTS MARKET AREA AMONG ESSENTIALLY COMPARABLE CLASS PROPERTIES . THE APPRAISER GATHERED INFORMATION AND DATA FROM VARIOUS SOURCES AND BELIEVES MOST OF THIS DATA TO BE ACCURATE AND RELIABLE BUT NO GUARANTEES ARE IMPLIED . REQUIREMENTS AND CONDITIONS OF APPRAISAL: THIS REPORT IS BASED ON AN EXTERIOR INSPECTION AND DOES NOT INCLUDE ANY INTERIOR INSPECTIONS , SKETCHES , OR TYPE INFORMATION. THE SUBJECT IS APPRAISED 'AS IS ' CONDITION AND 'AS OF ' AUGUST 25 , 1991 . 1 certify,that to the best of my knowledge and belief,the statements made in this report are true and I have not knowingly withheld any significant information;that I have personally Inspected subject property,both Inside and outside and have made an exterior Inspection of all comparable sales listed herein;that I have no Interest,present or contemplated In subject property or the participants in the sale;that neither the employment nor compensation to make said appraisal is contingent upon any value estimate;and that all contingent and limiting conditions are stated herein. As a result of my Investigation and analysis,my estimate of Market Value of the subject property as of AUGUST 2 5 19 91 Is: $ EE:] Appraiser Date AUGUST 29 , 1991 PAGE 13 PURPOSE it is to estimate the current market value of the Subject Property. DEFINITIONOF The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus.Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or welt advised,and each acting in what he considers his own best interest;(3)a reasonable time is allowed for exposure in the open market; (4)payment is made in terms of cash in U.S.Dollars or in terms of financial arrangements comparable thereto;and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. 'Adjustments to the comparables must be made forspecial or creative financing orsales concessions.No adjustments are necessary forthose costs which are normally paid by sellers as a result of tradition or law in a market area;these costs are readily indentifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction.Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustments should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. CERTIFICATE AND STATEMENT OF • • The Appraiser certifies and agrees that: 1.The Appraiser has no present or contemplated future interest in the property appraised;and neither the employment to make the appraisal,nor the compensation for it, is contingent upon the appraised value of the property. 2.The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the participants to the sale.The "Estimate of Market Value"in the appraisal report is not based in whole or in part upon the race,color,or national origin of the prospective owners or occupants of the property appraised,or upon the race,color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 3.The Appraiser has personally inspected the property,both inside and out,and has made an exterior inspection of all comparable sales listed in the report.To the best of the Appraiser's knowledge and belief,all statements and information in this report are true and correct,and the Appraiser has not knowingly withheld any significant information. 4. All contingent and limiting conditions are contained herein (imposed by the terms of the assignment or by the undersigned affecting the analyses, opinions,and conclusions contained in this report). 5. This appraisal report is intended to conform to the standards and reporting requirements of the appropriate Federal Regulatory Agency. 6.All conclusions and opinions concerning the real estate that are set forth in the appraisal report were prepared by the Appraiser whose signature appears on the appraisal report,unless indicated as"Review Appraiser."No change of any item in the appraisal report shall be made by anyone other than the Appraiser,and the Appraiser shall have no responsibility for any such unauthorized change. •NTINGENTAND-LIMITING CONDITIONS The certification of the Appraiser appearing in the appraisal report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the Appraiser in the report. 1.The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised orthe title thereto,nor does the Appraiser render any opinion as to the title,which is assumed to be good and marketable.The property is appraised as though under responsible ownership. 2.Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property.The Appraiser has made no survey of the property. 3. The Appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made therefor. 4.Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization.The separate valuations for land and building must not be used in conjuction with any other appraisal and are invalid if so used. 5.The Appraiser assumes that there are no hidden or unapparent conditions of the property,subsoil,or structures,which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. 6.Information,estimates,and opinions furnished to the Appraiser,and contained in the report,were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7. Dislcosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated. 8.Neither all,nor any part of the content of the report,or copy thereof(including conclusions as to the property value,the identity of the Appraiser, professional designations,reference to any professional appraisal organizations,or the firm with which the Appraisal is connected),shall be used for any purposes by anyone but the client specified in the report,the borrower if appraisal fee paid by same,the mortgagee or its successors and assigns, mortgage insurers,consultants,professional appraisal organizations,any state or federally approved financial institution,any department,agency, or instrumentality of the United States or any state or the District of Columbia,without the previous written consent of the Appraiser;nor shall it be conveyed by anyone to the public through advertising,public relations,news,sales,or other media,without the written consent and approval of the Appraiser. 9. On all appraisals, subject to satisfactory completion, repairs, or alterations, the appraisal report and value conclusion are contingent upon completion of the improvements in a workmanlike manner. See Attached 01��"6'�►T�'` INVOICE t+ � � 4 NUMBEFj ,' A OU ' �' DISCOUNT } AMOUNTPAID% j raa :��t t'<ti J :2 ,, REMA�R!( 4 : 3/18/92 FWD921647 , $2,500.00 .00 $2,500.00 Earnest money for Atrium Building I I I I I I i CITY OF FRIENDSWOOD VENDOR NO. CHECK NO. CONSOLIDATED CASH FUND TOTAL AMOUNT ON PAGE CHECK IN UMN ABOVE FIGURE 45205 34428 1 i CITY OF FRIENDSWOOD TEXAS COMMERCE BANK,N.A. CONSOLIDATED CASH FUND 712 MAIN CHECK 34428 P.O.BOX 2558 NUMBER 109 WILLOWICK 482.3323 HOUSTON,TX 77252 FRIENDSWOOD,TX 77546 35-450/1130 . CHECK DATE 08/13/92 PAY THI AMOUNT AY THE SUM OF** 2 r 500�Hnti DOLLARS ANDk*oO** CENTS $2,500.00* ,h'r** TO THE ORDER OF Houston Title Co. VOID AFTER 120 DAYS 416 S. Friendswood Drive Friendswood, TX 77546 I i I 1I'0 344 28ii' 1: L L 30006091: 100 L 30000 L644ii' ;r v EARNEST MONEY CONTRACT—COMMERCIAL IMPROVED PROPERTY THIS CONTRACT FORM HAS BEEN PREPARED FOR USE BY MEMBERS OF THE HOUSTON BOARD OF REALTORS,BY ITS LEGAL COUNSEL,AN ATTORNEY AT LAW LICENSED IN TEXAS,AND APPROVED FOR USE IN A TRANSACTION INVOLVING THE SALE OF COMMERCIAL IMPROVED PROPERTY.SUCH APPROVAL RELATES TO THIS CONTRACT FORM ONLY.THIS FORM HAS NOT BEEN DRAFTED FOR A SPECIFIC TRANSACTION AND NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION.TERMS AND PROVISIONS THAT ARE NOT APPLICABLE SHOULD BE STRICKEN BY THE PARTIES.THE PARTIES ARE ADVISED TO CONSULT THEIR ATTORNEYS BEFORE SIGNING. 1. PARTIES.-- EDM Property, L. C. (Seller) agrees to sell and convey to City ot Friendswood (Buyer)and Buyer agrees to buy from Seller the following property for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. 2. PROPERTY: A tract of land situated in Galveston County, Texas, together with all buildings, improvements,fixtures, and all property of every kind and character and description owned by Seller located on, attached to,or used in connection with the Property; and all privileges, and appurtenances pertaining thereto including any right,title and interest of Seller in and to adjacent streets, alleys, or rights-of-way, Seller's interest in and to all leases or rents, and security deposits, Seller's interest in and to all licenses and permits with respect to the Property,Seller's interest in all service,maintenance,management or other contracts relating to the ownership or operation of the Property,Seller's interest in all warranties or guaranties relating to the Property or to any tangible personal property and fixtures located on,attached to,or used in connection with the Property,and Seller's interest in any trade names used in connection with the Property;all of the above hereinafter collectively called"Property",described as follows and/or as set out on Exhibit"A"attached hereto and incorporated herein: Abstract 151 Lot 9 Less 50 X 90 feet and Lot 10 Harvey and Stout Subdivision Known as the Atrium Building, 416 Fr.iendswood Drive The metes and bounds description determined by the survey of the Property hereinafter provided for will replace Exhibit "A' attached hereto in the event it should differ from the attached exhibit.Any property to be excluded from this sale should be set forth under Special Provisions below. 3. CONTRACT SALES PRICE: A. Cash payable at closing............................ .................................. .. ... . ...$ 460,000.00 B. Sum of all notes described in Paragraph 4 below ........................................... ...... . $ 0.00 C. Sales Price (Sum of.A and B)............................................................... .. .$ 460,000.00 4. FINANCING: ❑ A. SUBJECT TO: Buyer takes subject to, and does not assume payment of, the unpaid balance of that promissory note to dated , and does not assume those obligations imposed by the Deed of Trust,securing payment of said note,recorded in the county where the Property is situated. Buyer shall pay the installment payment due after the date of closing. The principal balance at closing will be $ , allowing for an agreed $ variance. The cash payable at closing shall be adjusted for the amount of such variance. Should this not be acceptable to the note holder, or if the variance exceeds the amount above, or should the terms of the note or deed of trust or interest rate be modified, or should Buyer be required to pay a transfer fee in excess of$ , this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer. ❑ B. ASSUMPTION: Buyer shall assume the unpaid balance of that promissory note payable to dated , and those obligations imposed by the Deed of Trust recorded in Volume Page of the Deed of Trust Records in the county where the Property is situated. Buyer shall pay the installment payment due after the date of closing.The assumed principal balance at closing will be$ , allowing for an agreed $ variance. The cash payable at closing shall be adjusted for the amount of such variance. Buyer shall apply for assumption approval within days from the effective date hereof and shall make every reasonable effort to obtain the same.If the variance exceeds the above amount,or the existing interest rate is increased above %,or any other terms are modified, or Buyer is required to pay an assumption fee in excess of$ ,or assumption approval cannot be obtained within days from the effective date hereof,this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer. ❑ C. THIRD PARTY FINANCING: This Contract is subject to approval of a loan for Buyer by a third party in the amount of $ payable in installments for not less than years with the interest rate not to exceed % per annum,and with each principal and interest installment not to exceed$ ,❑including interest❑plus interest. Buyer shall apply for the loan within days from the effective date hereof and shall make every reasonable effort to obtain approval. If the loan has not been approved within days from the effective date hereof, this Contract shall terminate and the Earnest Money shall be refunded to Buyer. ❑ D. SELLER FINANCING:Buyer shall execute a promissory note to Seller in the principal sum of$ ,bearing interest per annum, and payable: (Check 1, 2, 3 and/or 4 below) ❑ (1) In full on the day of , 19 ,with accrued interest being due and payable ❑ (2) In ❑ monthly ❑ annual ❑ other: installments of$ , ❑ including interest ❑ plus interest each,beginning on the day of , 19 ,and continuing regularly thereafter until the day of 19 ,when the entire amount of principal and interest then remaining ❑ (3) Interest only in ❑ monthly ❑ annual ❑ other: installments of$ each, beginning on the day of , 19 , and continuing regularly thereafter until the day of 19 , and thereafter in ❑ monthly ❑ annual ❑ other: installments of$ ., ❑ including interest ❑ plus interest, beginning on the day of 19 , and continuing regularly thereafter until the day of , 19 , when the entire amount of principal and interest then remaining unpaid shall be due and payable. ❑ (4)The Note shall provide for no personal or corporate liability in the event of a default, it being understood that the holder of the Note may look only to the security provided by the Deed of Trust and retained vendor's lien to enforce the payment of the indebtedness. ❑ (5) The Deed of Trust securing payment of the Note shall provide that if all or any part of the Property or an interest therein is sold or transferred by Buyer without the prior written consent of the holder of the Note, the holder of the Note may, at its option, declare all the sums secured by the Deed of Trust to be immediately due and payable. Any Seller financed note may be prepaid in whole or in part at any time without penalty.Any prepayments are to be applied toward the payment of the installments of principal last maturing,but interest shall immediately cease upon amount of principal prepaid.The lien securing payment of such note will be inferior to any lien securing any loan assumed, taken subject to or given in connection with third party financing. Each note herein provided shall be secured by Vendor's and Deed of Trust liens and assignment of leases.A Vendor's Lien and Deed of Trust to secure any assumption,or Buyer's performance if taken subject to,shall be required,which lien shall be automatically released on execution and delivery of a release by noteholder. In case of dispute as to the form of the Deed,Note(s),or Deed of Trust(s),forms prepared by the State Bar of Texas shall be used; Each note herein provided shall contain provision for acceleration of maturity in the event of default and for the payment of reasonable attorney's fees if the note is placed in the hands of an attorney for collection. 5. EARNEST MONEY:As a condition precedent to the validity of this Contract,$ 2,500.00 is herewith tendered and is to be deposited as Earnest Money with Houston Title Company as Escrow Agent,and placed in an interest bearing account, upon execution of the Contract by both parties. December 6. CLOSING:The closing of the sale(the "Closing Date")shall take place at the Title Company on or before 1, 1992 unless such date is changed in writing by Seller and Buyer, or otherwise extended as herein provided. ) A. At the closing, Seller shall deliver to Buyer, at Seller's sole cost and expense, the following: (1) A duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens,encumbrances,conditions,easements,assessments,reservations and restrictions,except as permitted herein and/or approved by Buyer in writing; (2) An Owner's Policy of Title Insurance (the "Title Policy") issued by Houston Title Company (the Title Company)in the full amount of the Sales Price,dated as of closing, insuring Buyer's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the usual form of the Title Policy, provided, however: (a)the exception as to area and boundaries IN shall not be deleted❑shall be deleted except for"any shortages in area'and if deleted, such deletion shall be an expense of N/A ; (b)the exception as to restrictive covenants shall be endorsed "None of Record", unless any existing restrictive covenants are approved by Buyer; (c)the exception as to taxes shall be limited to taxes for the current year and subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership; (3) A Bill of Sale containing warranties to title, conveying title, free and clear of all liens, to any personal property specified herein and an assignment of leases,prepaid rents,security deposits, and trade name, and to the extent assignable, licenses and permits, maintenance, management or other contracts, warranties or guaranties, duly executed by Seller; (4) A current rent roll duly certified by Seller; (5) If requested by Buyer,to the extent assignable,an assignment of any one or more of the insurance policies held by Seller pertaining to the Property, duly executed by Seller; (6) Furnish evidence of its capacity and authority for the closing of this transaction; (7) Execute all other necessary documents to close this transaction. B. At the closing, Buyer shall perform the following: (1) Pay the cash portion of the Sales Price; (2) Execute the note(s) and deed(s)of trust provided for herein; (3) Furnish evidence of its capacity and authority for the closing of this transaction; (4) Furnish to Seller and/or Third.Party Lender, at Buyer's expense, a mortgagee's policy issued by Title Company for the benefit of the holder(s)of the deed(s) of trust provided for herein; (5) Execute all other necessary documents to close this transaction. (6) Execute an assumption agreement for payment of any brokerage leasing commissions that become due and payable after the date of closing. 7. FEASIBILITY STUDY AND INSPECTION:Buyer M is O is not granted the right to conduct an engineering, and/or market and economic feasibility study("Feasibility Study")of the Property, and a physical inspection("Inspection')of all improvements,fixtures, mechanical equip- ment, and personal property being sold hereby. In the event Buyer is granted such right, Buyer shall have 30 days from the effective date hereof to perform such study and inspection and in this regard,Buyer or his designated agents may enter upon the Property for purposes of such analysis,or other tests and inspections which may be deemed necessary by Buyer. If Buyer determines, in his sole judgment, that the Property is not suitable foF any reason for Buyer's intended use or purpose,or is not in satisfactory condition,then Buyer may,on written notice to Seller on or before 45 day, from the effective date hereof, terminate this agreement, and it shall be null and void for all purposes and the Earnest Money shall be retuned to Buyer,less the sum of$ 0.00 to be delivered to and retained by Seller as consideration for this Contract, which consideration is deemed earned as of the date of this Contract. If the written notice is not given to Seller within such period,this condition and any and all objections with respect to the Feasibility Study and Inspection shall be deemed to have been waived by Buyer for all purposes. In the event this Contract shall not close,through no fault of Seller, Buyer shall restore the Property to its original condition, if changed due to the tests and inspections performed by Buyer, and shall provide Seller with a copy of the results of any tests and inspections made by Buyer, excluding any market and economic feasibility studies. The study/inspection shall be at Buyer's expense. 8. BROKER'S FEE: N/a Listing 10. SPECIAL PROVISIONS: * This contract is subject to the City of Friendswood receiving appropriate financing through the issuance of Certificates of Obligation. * Seller will provide all leases to be transferred to the City of Friendswood, with all month to month' l.eases to terminate March 31, 1993. The unexpired lease of Dick Fleisher plus his option will be honored after buyers review of lease agreement . All other unexpired leases to terminate by March 31, 1993. i (Insert factual statements and business details applicable to this sale.) 11. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. SELLER'S EXPENSES:All costs of releasing existing loans and recording the releases;Owner's Title Policy; survey; tax statements; 1/2 of any escrow fee; preparation of Deed; other expenses stipulated to be paid by Seller under other provisions of this Contract. B. BUYER'S EXPENSES: All expenses incident to any loan(e.g., loan procurement fees, preparation of Note, Deed of Trust, and other loan documents,recording fees,Mortgagees Title Policy,prepayable interest,credit reports);1/2 of any escrow fee;copies of restrictions,easements, reservations, or conditions affecting the Property; and expenses stipulated to be paid by Buyer under other provisions of this Contract. 12. PRORATIONS: Insurance (at buyers option), interest on any debt assumed or taken subject to, assessments, current taxes, and any rents, and maintenance fees shall be prorated at the date of closing. No proration shall be made for delinquent rents existing as of Closing Date, which rents Seller shall be responsible for collecting. At the closing, Seller shall pay to Buyer in cash the amount of any prepaid rents paid to Seller by tenants of the Property for periods subsequent to the Closing Date.If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date,proration of taxes shall be made on the basis of taxes assessed in the previous year,with a subsequent cash adjustment of such proration to be made between Seller and Buyer,if necessary,when actual tax figures are available.If Buyer is assuming payment of or taking subject to any existing loan on the Property,all reserve deposits for the payment of taxes,insurance premiums,or other charges shall be transferred to Buyer by Seller and Buyer shall pay to Seller the amount of such reserve deposits.Any special assessments applicable to the Property for improvements previously made to benefit the Property shall be paid by Seller. Seller shall pay to Buyer at closing in cash the amount of any deposits paid to Seller by tenants of the Property, including but not limited to, all rental security, cleaning, utility, key, damage, and other deposits. All other income and ordinary operating expenses of the Property,including but not limited to,public utility charges,maintenance,management,and other normal operating charges shall be prorated as of the date of closing. 13. TITLE APPROVAL:Seller shall deliver to Buyer within twenty(20)days from the date of this Contract a Commitment for Title Insurance(the "Commitment")and,at Buyer's request,legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commit- ment. If Buyer has an objection to items disclosed in such Commitment or survey provided for herein, Buyer shall have fourteen(14)days after receipt of each such instrument to make written objections to Seller. If Buyer or third party lender makes such objections or if the objections are disclosed in Commitment,survey or by the issuer of the Title Policy,Seller shall have thirty(30)days from the date such objections are disclosed to cure the same, and the Closing Date shall be extended, if necessary. Seller agrees to utilize its best efforts and reasonable diligence to cure such objection, if any.If the objections are not satisfied within such time period,Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or(ii)waive the unsatisfied objections and close the transaction. 14. DEFAULT Unless otherwise provided for herein, if Buyer fails to comply herewith, Seller may terminate this Contract and receive the Earnest Money as liquidated damages, one-half of which(but not exceeding the herein recited Broker's fee)shall be paid by Seller to Broker in full payment of Broker's services.The Broker's fee is payable only if and when Seller enforces specific performances, collects damages for such default by suit, compromise,settlement,or receives the Earnest Money as liquidated damages. Unless otherwise provided for herein, if Seller fails to comply herewith, Buyer may either(i)enforce specific performance hereof and seek such other relief as may be provided by law,or(ii)terminate this Contract and receive the Earnest Money. Notwithstanding the above, accrued interest, if any, on the Earnest Money shall be paid to Buyer. 15. ATTORNEY'S FEES:Any signatory to this Contract who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to the Contract or transaction shall be additionally entitled to recover court costs and reasonable attorney's fees f otn the non-prevailing party. 16. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent (i) is not a party to this Contract and does not assume or have any liability for performance or non-performance of any party and(ii)has the right to require from all signatories a written release of liability of the Escrow Agent,termination of the Contract and authorization to disburse the Earnest Money.At closing,Earnest Money and accrued interest shall be applied to any cash down payment required,next to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this Contract shall be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money, and the Escrow Agent will pay the same to the creditors entitled thereto. 17. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller hereby represents and warrants to Buyer as follows,which representations and warranties shall be deemed made by Seller to Buyer also as of closing date and such representations and warranties shall survive the closing: A. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or tresspassers except tenants under the written leases delivered to Buyer pursuant to the Contract; B. There is no pending or threatened condemnation or similar proceeding or assessment affecting the Property,or any part thereof,nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority; C. Seller is the fee simple owner of the title to the Property and is duly authorized and empowered to sell said Property; J. The Property is not being used and Seller has no knowledge that it has ever been used for the storage or disposal of any hazardous or toxic materials; K. To the best of Seller's knowledge,no fact or condition exists which would result in the termination of the current access from the Property to any presently existing highways and/or roads adjoining or situated on the Property,or to any existing sewer or other utility faciltiies servicing, adjoining, or situated on the Property; L. Seller shall not further encumber,or allow the encumbrance of,the title to the Property,or modify the terms or conditions of any existing encumbrances, if any, without the written consent of Buyer; M. Seller has no knowledge of any pending or contemplated change in any statute,ordinance,rule or other governmental regulation applicable to the Property,or any action pending or threatened by any governmental body,adjacent landowners or other persons,or of any condition upon or affecting the Property, any of which would result in any material change in the condition of the Property, or in any way limit the use of the Property; N. Seller has not received, and has no other knowledge of any notice from any insurance company requesting the performance of any work regarding the Property or relating to an increase in the insurance premiums applicable to the Property; O. Seller has all necessary licenses and permits required by any and all statutes, ordinances, rules or other governmental regulations for the use and operation of the Property; P. All obligations of Seller arising from the ownership and operation of the Property and business operated thereon, including,but not limited to salaries, taxes, leasing commissions, and the like, have been paid as they became due or will be paid at or prior to closing. Except for obligations for which provisions are herein made for proration or other adjustment at closing and the indebtedness taken subject to or assumed, there will be no obligations of Seller with respect to the Property outstanding as of the Closing Date; Q. Each Lease furnished to Buyer pursuant to this Contract is in full force and effect, and has not been amended or modified in any way that has not been disclosed to Buyer in writing.Such Leases constitute all of the written and oral agreements of any kind for the leasing,rental, or occupancy of any portion of the Property. To the best of Seller's knowledge Seller has performed and complied with all its obligations under the Leases as and when thereby required, and there exists no fact or circumstance that could constitute a default of the landlord or lessor under any of the Leases,or entitle any tenant thereunder to offsets or defenses against the prompt,current payment of rent thereunder. Each tenant under the Leases actually occupies the premises leased thereunder.Except as expressly disclosed to Buyer in writing on the rent rolls furnished to Buyer pursuant to this Contract,no rental under any lease has been collected in advance of the current month,and except as so disclosed to Buyer in writing on such rent rolls,there are no concessions,bonuses,free months rental,rebates,or other matters affecting the rental for any tenant thereunder. Seller is the owner of the entire lessor's interest in and to each of the Leases and none of the Leases or the rentals or other sums payable thereunder has been assigned or otherwise encumbered,except as security for loan(s)assumed or taken subject to as provided herein.To the best of Seller's knowledge, no tenant under any of the Leases is in default thereunder; R. There are no attachments, executions, assignments for the benefits of creditors, or voluntary or involuntary proceedings in bankruptcy or under any other debtor relief laws contemplated by or pending or threatened against Seller or the Property; S. Seller knows of no repairs that need to be made to the Property and has no knowledge of any latent structural defects or any other defects of the Property, except for the following: THIS COVENANT IS NOT INTENDED TO BE A WARRANTY AND NO EXPRESS OR IMPLIED WARRANTY IS GIVEN BY SELLER WITH RESPECT TO THE PROPERTY. If any representation or warranty above is known by Buyer,prior to closing,to be untrue and is not remedied by Seller prior to closing,Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer,and neither party shall have any further rights or obliga- tions pursuant to this Contract, or(ii) waive its objections and close the transaction. 18. AGREEMENTS OF SELLER: A. Seller agrees to deliver to Buyer within five (5)days of the effective date of this Contract copies of the following: (i) A current rent roll acceptable in form to Buyer and certified by Seller to be true and correct as of the date of delivery; (ii) All Leases pertaining to the Property, including any and all modifications, supplements, or amendments thereto; (iii) A current inventory of all tangible personal property and fixtures owned by Seller and located on,attached to,or used in connection with the Property, certified by Seller to be true and correct as of the date of delivery; (iv) Note(s), Deed(s) of Trust and other loan documents pertaining to loan(s) assumed or taken subject to; (v) All service, maintenance, management, or other contracts relating to the ownership and operation of the Property; (vi) All warranties and guaranties relating to the Property, or any part thereof, or to the tangible personal property and fixtures owned by Seller and located on, attached to, or used in connection with the Property, if available; (vii) All fire, hazard, liability, and other insurance policies held by Seller on the Property; (viii) All of the most recent real estate and personal property.tax statements with respect to the Property; (ix) All leasing or other commission agreements with respect to the Property, which commissions are being assumed by Buyer pursu to paragraph hereof; .161(ER- LU I j,G 4.1 l/� (x) The "as-built" plans and specifications with respect to the Property, if available; // (xi) Information on utility and repair expenses incurred by Seller for operation of the Pryarty for each for the preceedin�ars; (xii) A true and correct statement of income and expenses for the Property from to Aug"t -1'99 NA Buyer shall have 21 days from the date of delivery of the above required information to review such information.If Buyer objects to any matters contained therein,Buyer may within the above time period(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or(ii)waive such objections and close the transaction. Seller agrees to deliver to Buyer at least seven(7)days prior to the Closing Date an estoppel certificate dated and executed not earlier than ten(10)days prior to the Closing Date by each of the tenants under the leases stating that as ot the Uosing Date(1)no default exists under the terms of the lease agreement by either landlord or tenant; (2)the amount of any rental payments made in advance, if any; (3) the.amount of any security deposits made, if any;(4)that the tenant has no defenses or offsets against the payment of rent accruing under. the terms of the lease agreement; and (5) a warranty by Seller that said Leases are in full force and effect and that there are no defaults thereunder. If any tenants assert defenses or offsets against the payment of rent which are unacceptable to Buyer, Buyer shall immediately notify Seller in writing. Seller shall promptly undertake to eliminate such unacceptable defenses or offsets. In the event Seller is unable to do so by Closing Date,Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or(ii)waive such objections and close the transaction. (iv) Not enter into any written or oral service contract or other agreement with respect to the Property that will not be fully performed by Seller on or before the Closing Date,or that will not be cancellable by Buyer without liability on or after the Closing Date,without the prior written consent of Buyer; (v) Not enter into, or alter, amend, or otherwise modify, or supplement any lease without the prior written consent of Buyer; (vi) Not grant any bonus, free months rental, rebate or other concession to any present or future tenant of the Property; (vii) Advise Buyer promptly of any litigation, arbitration, administrative hearing, or legislation before any governmental body or agency of which Seller becomes aware, concerning or affecting the Property which is instituted or threatened after the date hereof; (viii) Keep, observe, and perform all its obligations under the loan(s) assumed or taken subject to; (ix) Not take, or omit to take any action that would have the effect of violating any of the representations, warranties, covenants, and agreements of Seller contained in this Contract. 19. USE OF PROPERTY: Seller❑ has IN has not claimed the benefit of laws permitting a special use valuation for the purposes of payment of ad valorem taxes on the Property, and if so,Seller represents that he was legally entitled to claim such benefits. If Seller claimed such benefit and after the purchase is closed, Buyer changes the use of the Property and the same results in the assessment of additional taxes, such additional taxes will be the obligation of the Buyer. The representation herein shall survive closing. 20. PROPERTY SURVEY:Within 37 days from effective date hereof,Seller,at Seller's sole cost and expense,shall cause to be delivered to Buyer a current plat or survey of the Property,prepared by a surveyor acceptable to the parties and the Title Company closing this transaction. The survey shall certify to the Buyer and Title Company that: (i)the survey was made and staked on the ground;(ii)the plat shows the location of all improvements, highways, streets, roads,railroads,rivers, creeks,or other waterways,fences, easements, and rights-of way on or adjacent to the Property,if any;(iii)there are no visible discrepancies,'conflicts,or encroachments except as shown on the survey plat;(iv)the Property does not lie in the 100 year flood plain as established by the U. S. Army Corp of Engineers or any other governmental body; (v)the survey plat is a true, correct, and accurate representation of the Property; and (vi) the survey sets forth the number of total acres/square feet comprising the Property,together with a metes and bounds description thereof.All easements and rights-of-way shall be referenced to the recording information applicable to the documents creating such easements or rights-of-way which have been recorded with the County Clerk of the County in which the Property is located.The survey shall locate and mark all comers and angles of the Property's perimeter on the ground with permanent,buried iron surveyor's stakes. 21. CONDEMNATION: If prior to Closing Date condemnation proceedings are commenced against any portion of the Property, Buyer may, at its option,terminate this agreement by written notice to Seller within N/A days after Buyer is advised of the commencement of condemnation proceedings and the earnest money shall be refunded to Buyer, or Buyer shall have the right to appear and defend in such condemnation pro- ceedings,and any award in condemnation shall,at the Buyers election,become the property of Seller and reduce the purchase price by the same amount or shall become the property of Buyer and the purchase price shall not be reduced. 22. CASUALTY LOSS: Risk of loss by damage or destruction to the Property prior to the closing shall be borne by Seller. In the event any such damage or destruction is not fully repaired prior to closing, Buyer, at its option, may either (i) terminate this Agreement, in which event the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or(ii)elect to close the transaction, in which event Seller's right to all insurance proceeds resulting from such damage or destruction shall be assigned in writing by Seller to Buyer. 23. MISCELLANEOUS: A. Any notice required or permitted to be delivered hereunder shall be deemed received when personally delivered or sent by United State mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below the signature of such party hereto. B. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in i-larris County, Texas. Galvestpn C. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,executors,administrators,legal representatives, successors, and assigns. D. In case any one or more the provisions contained in this Contract shall for any reason be held to be invalid, illegal, and unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter and cannot be changed except by their written consent. F. Time is of the essence of this Contract. G. Words of any gender used in this Contract shall be held and construed to include any other gender,and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. H. In accordance with the requirements of the Texas Real Estate License Act,Buyer is hereby advised by Broker:(1)that it should be furnished with or obtain a policy of title insurance or have the abstract covering the Property examined by any attorney of its own selection,and(2) that unless otherwise agreed to in writing by the parties hereto, Broker and Co-Broker are being paid by Seller and are representing Seller in this transaction. 24. ASSIGNMENT: IN A. Buyer may not assign this contract. ❑ B. Buyer may assign this Contract and all rights hereunder and shall be relieved of any future liability under this Contract provided the assignee shall assume in writing all the obligations of Buyer hereunder. 25. TERMINATION OF OFFER: Unless accepted by Seller, as evidenced by Seller's signature hereto and delivered to Buyer by 5:00 P.M., the 24th day of August , 1992 , this offer to purchase shall be null and void and all parties hereto shall stand relieved and released of any and all liability or obligations hereunder and all Earnest Money shall be returned to Buyer. 26. CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract. READ IT CAREFULLY.NO REPRESENTATION OR RECOMMENDATION 1S MADE BY BROKER OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY,LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS DOCUMENT OR THE TRANSACTION RELATING THERETO.THESE ARE QUESTIONS FOR YOUR ATTORNEY. CONSULT YOUR ATTORNEY BEFORE SIGNING.The Broker cannot give you legal advice —only factual and business details concerning land and improvements. EXECUTED in multiple originals effective the day of 19�. (Fill in date fast party signs.) ALL APPLICABLE BOXES SHALL BE CHECKED BY THE PARTIES. EDM Property, By: - A5 Listing Broker License No. Seller B By: I laa44 y Seller By: Co-Broker License No. Seller s A dress Phone No. By City of Friendswood Buyer / Recei t of$ Earnest By: P Money is acknowledged in the form Buyer Evelyn New an, Mayor of 109 Willowick, Friendswood (713) 482-3323 Buyer's Address Phone No. Escrow Agent By EARNEST MONEY CONTRACT—COMMERCIAL IMPROVED PROPERTY THIS CONTRACT FORM HAS BEEN PREPARED FOR USE BY MEMBERS OF THE HOUSTON BOARD OF REALTORS, BY ITS LEGAL COUNSEL,AN ATTORNEY AT LAW LICENSED IN TEXAS,AND APPROVED FOR USE IN A TRANSACTION INVOLVING THE SALE OF COMMERCIAL IMPROVED PROPERTY. SUCH APPROVAL RELATES TO THIS CONTRACT FORM ONLY. THIS FORM HAS NOT BEEN DRAFTED FOR A SPECIFIC TRANSACTION AND NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION.TERMS AND PROVISIONS THAT ARE NOT APPLICABLE SHOULD BE STRICKEN BY THE PARTIES. THE PARTIES ARE ADVISED TO CONSULT THEIR ATTORNEYS BEFORE SIGNING. 1. PARTIES: EDM Property, L. C. agrees to sell and convey to City r i en swop (Seller) (Buyer) and Buyer agrees to buy from Seller the following property for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. 2. PROPERTY: A tract of land situated in Galveston County, Texas, -ogether with all buildings, improvements, fixtures, and all property of every kind and character and description owned by Seller located on, attached to,or used in connection with the Property; and all privileges, and appurtenances pertaining thereto including any right, title and interest of Seller in and to adjacent streets, alleys, or rights-of-way, Seller's interest in and to all leases or rents, and security deposits, Seller's interest in and to all licenses and permits with respect to the Property,Seller's interest in all service,maintenance,management or other contracts relating to the ownership or operation of the Property, Seller's interest in all warranties or guaranties relating to the Property or to any tangible personal property and fixtures located on,attached to,or used in connection with the Property,and Seller's interest in any trade names used in connection with the Property;all of the above hereinafter collectively called"Property",described as follows and/or as set out on Exhibit'A"attached hereto and incorporated herein: Abstract 151 Lot 9 Less 50 X 90 feet and Lot 10 Harvey And Stout Subdivision Known as the Atrium Building, 416 Friendswood Drive The metes and bounds description determined by the survey of the Property hereinafter provided for will replace Exhibit "A" attached hereto in the event it should differ from the attached exhibit.Any property to be excluded from this sale should be set forth under Special Provisions below. 3. CONTRACT SALES PRICE: A. Cash payable at closing................... ....... .... . ... ............ ..... .... .. .... ..........$ 460,000.00 B. Sum of all notes described in Paragraph 4 below ......................... ......................... $ 0.00 C. Sales Price (Sum of A and B)................................ ... ............. .... ...........$ 460,000.00 4. FINANCING: ❑ A. SUBJECT TO: Buyer takes subject to, and does not assume payment of, the unpaid balance of that promissory note to_ dated _, and does not assume those obligations imposed by the Deed of Trust,securing payment of said note,recorded in the county where the Property is situated. Buyer shall pay the installment payment due after the date of closing. The principal balance at closing will be $ , allowing for an agreed $ variance. The cash payable at closing shall be adjusted for the amount of such variance. Should this not be acceptable to the note holder, or if the variance exceeds the amount above, or should the terms of the note or deed of trust or interest rate be modified, or should Buyer be required to pay a transfer fee in excess of$ , this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer. ❑ B. ASSUMPTION: Buyer shall assume the unpaid balance of that promissory note payable to dated , and those obligations imposed by the Deed of Trust recorded in Volume Page of the Deed of Trust Records in the county where the Property is situated. Buyer shall pay the installment payment due after the date of closing. The assumed principal balance at closing will be $ , allowing for an agreed $ variance. The cash payable at closing shall be adjusted for the amount of such variance. Buyer shall apply for assumption approval within days from the effective date hereof and shall make every reasonable effort to obtain the same.If the variance exceeds the above amount, or the existing interest rate is increased above %, or any other terms are modified, or Buyer is required to pay an assumption fee in excess of$ or assumption approval cannot be obtained within days from the effective date hereof,this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer. ❑ C. THIRD PARTY FINANCING: This Contract is subject to approval of a loan for Buyer by a third party in the amount of l{ $ payable in installments for not less than years with the interest rate not to exceed % per annum,and with each principal and interest installment not to exceed$ , ❑ including interest❑plus interest. ;1 Buyer shall apply for the loan within days from the effective date hereof and shall make every reasonable effort to obtain ' approval. If the loan has not been approved within days from the effective date hereof, this Contract shall terminate and the Earnest Money shall be refunded to Buyer. ,I ❑ D. SELLER FINANCING:Buyer shall execute a promissory note to Seller in the principal sum of$ bearing % interest per annum, and payable: (Check 1, 2, 3 and/or 4 below) ❑ (1) In full on the day of 19 , with accrued interest being due and payable 7 ❑ (2) In ❑ monthly ❑ annual ❑ other: installments of$ ❑ including interest ❑ plus interest each, beginning on the day of , 19 ,and continuing regularly thereafter until the day of — 19 .when the entire amount of principal and interest then remaining ❑ (3) Interest only in ❑ monthly ❑ annual ❑ other: installments of$ each, 'beginning on the day of 19 , and continuing regularly thereafter until the day of 19 , and thereafter in O monthly O annual ❑ other: installments of$ , ❑ including interest ❑ plus interest, beginning on the day of 19 , and continuing regularly thereafter until the day of 19 , when the entire amount of principal and interest then remaining unpaid shall be due and payable. O (4) The Note shall provide for no personal or corporate liability in the event of a default, it being understood that the holder of the Note may look only to the security provided by the Deed of Trust and retained vendor's lien to enforce the payment of the indebtedness. O (5) The Deed of Trust securing payment of the Note shall provide that if all or any part of the Property or an interest therein is sold or transferred by Buyer without the prior written consent of the holder of the Note, the holder of the Note may, at its option, declare all the sums secured by the Deed of Trust to be immediately due and payable. Any Seller financed note may be prepaid in whole or in part at any time without penalty.Any prepayments are to be applied toward the pa,ment of the installments of principal last maturing,but interest shall immediately cease upon amount of principal prepaid.The lien securing pa%ment of such note will be inferior to any lien securing any loan assumed, taken subject to or given in connection with third party financing. Each note herein provided shall be secured by Vendor's and Deed of Trust liens and assignment of leases.A Vendor's Lien and Deed of Trust to secure any assumption,or Buyer's performance if taken subject to,shall be required,which lien shall be automatically released on execution and delivery of a release by noteholder. In case of dispute as to the form of the Deed, Note(s),or Deed of Trust(s),forms prepared by the State Bar of Texas shall be used; Each note herein provided shall contain provision for acceleration of maturity in the event of default and for the payment of reasonable attorney's fees if the note is placed in the hands of an attorney for collection. 5. EARNEST MONEY:As a condition precedent to the validity of this Contract,$ 2,500.00 is herewith tendered and is to be deposited as Earnest Money with Houston Title Company as Escrow Agent,and placed in an interest bearing account, upon execution of the Contract by both parties. December ' 6. CLOSING: The closing of the sale (the "Closing Date")shall take place at the Title Company on or before 1 , 1992 unless such date is changed in writing by Seller and Buyer, or otherwise extended as herein provided. (-ftJ A. At the closing, Seller shall deliver to Buyer, at Seller's sole cost and expense, the following: `(J- i (1) A duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of the Pr(,perry, free and clear of any and all liens,encumbrances,conditions,easements,assessments,reservations and restrictions,except as per:nitted herein and/or approved by Buyer in writing; (2) An Owner's Policy of Title Insurance (the "Title Policy") issued by Houston Title Company (the Title Company) in the full amount of the Sales Price, dated as of closing, insuring Buyer's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the usual form of the Title Policy, provided, however: (a)the exception as to area and boundaries IN shall not be deleted ❑shall be deleted except for"any shortages in area" and if deleted, such deletion shall be an expense of N/A (b)the exception as to restrictive covenants shall be endorsed "None of Record", unless any existing restrictive covenants are approved by Buyer; (c) the exception as to taxes shall be limited to taxes for the current year and subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership; (3) A Bill of Sale containing warranties to title, conveying title, free and clear of all liens, to any personal property specified herein and an assignment of leases, prepaid rents, security deposits, and trade name, and to the extent assignable, licenses and permits, maintenance, management or other contracts, warranties or guaranties, duly executed by Seller; (4) A current rent roll duly certified by Seller; (5) If requested by Buyer,to the extent assignable,an assignment of any one or more of the insurance policies held by Seller peru:fining to the Property, duly executed by Seller; (6) Furnish evidence of its capacity and authority for the closing of this transaction; (7) Execute all other necessary documents to close this transaction. B. At the closing, Buyer shall perform the following: (1) Pay the cash portion of the Sales Price; (2) Execute the note(s) and deed(s) of trust provided for herein; (3) Furnish evidence of its capacity and authority for the closing of this transaction; (4) Famish to Seller and/or Third.Party Lender, at Buyer's expense, a mortgagees policy issued by Title Company for the benefit of the holder(s) of the deed(s) of trust provided for herein; (5) Execute all other necessary documents to close this transaction. (6) Execute an assumption agreement for payment of any brokerage leasing commissions that become due and payable after the date of closing. 7. FEASIBILITY STUDY AND INSPECTION: Buyer M is O is not granted the right to conduct an engineering, and/or market and economic feasibility study("Feasibility Study")of the Property, and a physical inspection ("Inspection")of all improvements, fixtures, mechanical equip- ment, and personal property being sold hereby. In the event Buyer is granted such right, Buyer shall have 30 days from the effective date hereof to perform such study and inspection and in this regard, Buyer or his designated agents may enter upon the Property for purposes of such analysis, or other tests and inspections which may be deemed necessary by Buyer. If Buyer determines, in his sole judgment, that the Property is not suitable for:any reason for Buyer's intended use or purpose,or is not in satisfactory condition,then Buyer may,on written notice to Seller on or before 45 day, from the effective date hereof, terminate this agreement, and it shall be null and void for all purposes and the Earnest Money shall be ret irned to Buyer, less the sum of$ 0.00 to be delivered to and retained by Seller as consideration for this Contract, which consideration is deemed earned as of the date of this Contract. If the written notice is not given to Seller �k ithin such period,this condition and any and all objections with respect to the Feasibility Study and Inspection shall be deemed to have been�taived by Buyer for all purposes. In the event this Contract shall not close, through no fault of Seller, Buyer shall restore the Property to its original condition, if changed due to the tests and inspections performed by Buyer, and shall provide Seller with a copy of the results of any test" and inspections made by Buyer, excluding any market and economic feasibility studies. The study/inspection shall be at Buyer's expense. 8. BROKER'S FEE: N/a Listing 0 10. 5PEOIAL PROVISIONS: * This contract is subject to the City of Friendswood receiving appropriate financing through the issuance of Certificates of Obligation. * Seller will- provide all leases to be transferred to the City of Friendswood, with all month to month' leases to terminate March 31 , 1993. The unexpired lease of Dick Fleisher plus his option will be honored after buyers review of lease agreement . All other unexpired leases to terminate by March 31 , 1993. (Insert factual statements and business details applicable to this sale.) 11. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. SELLER'S EXPENSES: All costs of releasing existing loans and recording the releases; Owner's Title Policy; survey; tax statements; 1/2 of any escrow fee; preparation of Deed; other expenses stipulated to be paid by Seller under other provisions of this Contract. B. BUYER'S EXPENSES: All expenses incident to any loan (e.g., loan procurement fees, preparation of Note, Deed of Trust, and other loan documents,recording fees,Mortgagees Title Policy,prepayable interest,credit reports); 1/2 of any escrow fee;copies of restrictions,easements, reservations, or conditions affecting the Property; and expenses stipulated to be paid by Buyer under other provisions of this Contract. 12. PRORATIONS: Insurance (at buyers option), interest on any debt assumed or taken subject to, assessments, current taxes, and any rents, and maintenance fees shall be prorated at the date of closing. No proration shall be made for delinquent rents existing as of Closing Date, which rents Seller shall be responsible for collecting. At the closing, Seller shall pay to Buyer in cash the amount of any prepaid rents paid to Seller by tenants of the Property for periods subsequent to the Closing Date. If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year, with a subsequent cash adjustment of such proration to be made between Seller and Buyer, if necessary, when actual tax figures are available. If Buyer is assuming payment of-)r taking subject to any existing loan on the Property,all reserve deposits for the payment of taxes, insurance premiums,or other charges shall be transferred to Buyer by Seller and Buyer shall pay to Seller the amount of such reserve deposits.Any special assessments applicable to the Property for improvements previously made to benefit the Property shall be paid by Seller. Seller shall pay to Buyer at closing in cash the amount of any deposits paid to Seller by tenants of the Property, including but not limited to, all rental security, cleaning, utility, key, damage, and other deposits. All other income and ordinary operating expenses of the Property,including but not limited to,public utility charges,maintenance,management,::nd other normal operating charges shall be prorated as of the date of closing. 13. TITLE APPROVAL:Seller shall deliver to Buyer within twenty (20)days from the date of this Contract a Commitment for Title Insurance(the "Commitment")and,at Buyer's request,legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commit- ment. If Buyer has an objection to items disclosed in such Commitment or survey provided for herein, Buyer shall have fourteen (14)days after receipt of each such instrument to make written objections to Seller. If Buyer or third party lender makes such objections or if the objections are disclosed in Commitment,survey or by the issuer of the Title Policy,Seller shall have thirty(30)days from the date such objections are disclosed to cure the same, and the Closing Date shall be extended, if necessary. Seller agrees to utilize its best efforts and reasonable diligence to cure such objection, if any. If the objections are not satisfied within such time period, Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or(ii)waive the unsatisfied objections and close the transaction. 14. DEFAULT: Unless otherwise provided for herein, if Buyer fails to comply herewith, Seller may rile— Fr) a nfi per-,,,eeifiP-�,wf��n_ d---k terminate this Contract and receive the Earnest Money as liquidated damages, one-half of which(but not exceeding the herein recited Broker's fee)shall be paid by Seller to Broker in full payment of Broker's services.The Broker's fee is payable only if and when Seller enforces specific performances, collects damages for such default by suit, compromise,settlement,or receives l the Earnest Money as liquidated damages. Unless otherwise provided for herein, if Seller fails to comply herewith, Buyer may either(i)enforce specific performance hereof and seek such other relief as may be provided by law, or(ii)terminate this Contract and receive the Earnest Money. Notwithstanding the above, accrued interest, if any, on the Earnest Money shall be paid to Buyer. 15. ATTORNEY'S FEES:Any signatory to this Contract who is the prevailing party in any legal proceeding against any other signatory broui;ht under or with relation to the Contract or transaction shall be additionally entitled to recover court costs and reasonable attorney's fees from the non-prevailing party. 16. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent (i) is not a party to this Contract and does not assume or have any liability for performance or non-performance of any party and (ii) has the right to require from all signatories a written release of liability of the Escrow Agent,termination of the Contract and authorization to disburse the Earnest Money.At closini;,Earnest Money and accrued interest shall be applied to any cash down payment required, next to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this Contract shall be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money, and the Escrow Agent will pay the same to the creditors entitled thereto. 1 17. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller hereby represents and warrants to Buyer as follows, which representations and warranties shall be deemed made by Seller to Buyer also as of closing date and such representations and warranties shall survive the closing: A. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or tresspassers except tenants under the written leases delivered to Buyer pursuant to the Contract, B. There is no pending or threatened condemnation or similar proceeding or assessment affecting the Property, or any part thereof, r or to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority; C. Seller is the fee sim le owner of the title to the Property and is duly authorized and empowered to sell said Property; J. The Pmperty is not being used and Seiler ha,no knowledge that it has ever been used for the storage or disposal of any h;r_:mlous or toxic materials; K. • To the best of Seller's knowledge, no fact or condition exists which would result in the termination of the current access from the Property to any presently existing highways and/or roads adjoining or situated on the Property,or to any existing sewer or other utility facildies servicing, adjoining, or situated on the Property; L. Seller shall not further encumber,or allow the encumbrance of, the title to the Property, or modify the terms or conditions of any existing encumbrances, if any, without the written consent of Buyer; M. Seller has no knowledge of any pending or contemplated change in any statute,ordinance,rule or other governmental regulation applicable to the Property,or any action pending or threatened by any governmental body, adjacent landowners or other persons,or of any condition upon or affecting the Property, any of which would result in any material change in the condition of the Property,or in any way limit the use of the Property; N. Seller has not received, and has no other knowledge of any notice from any insurance company requesting the performance of any work regarding the Property or relating to an increase in the insurance premiums applicable to the Property; O. Seller has all necessary licenses and permits required by any and all statutes, ordinances, rules or other governmental regulations for the use and operation of the Property; P. All obligations of Seller arising from the ownership and operation of the Property and business operated thereon, including,but noc limited to salaries, taxes, leasing commissions, and the like, have been paid as they became due or will be paid at or prior to closing. Except for obligations for which provisions are herein made for proration or other adjustment at closing and the indebtedness taken subject to or assumed, there will be no obligations of Seller with respect to the Property outstanding as of the Closing Date; Q. Each Lease furnished to Buyer pursuant to this Contract is in full force and effect, and has not been amended or modified in any way that has not been disclosed to Buyer in writing. Such Leases constitute all of the written and oral agreements of any kind for the leasing, rental, or occupancy of any portion of the Property. To the best of Seller's knowledge Seller has performed and complied with all its obligations under the Leases as and when thereby required, and there exists no fact or circumstance that could constitute a default of the landlord or lessor under any of the Leases,or entitle any tenant thereunder to offsets or defenses against the prompt,current payment of rent thereunder. Each tenant under the Leases actually occupies the premises leased thereunder. Except as expressly disclosed to Buyer in writing on the rent rolls furnished to Buyer pursuant to this Contract, no rental under any lease has been collected in advance of the current month, and except as so disclosed to Buyer in writing on such rent rolls,there are no concessions,bonuses,free months rental,rebates,or other matters affecting the rental for any tenant thereunder. Seller is the owner of the entire lessor's interest in and to each of the Leases and none of tEe Leases or the rentals or other sums payable thereunder has been assigned or otherwise encumbered, except as security for loan(s)assumed or'taken subject to as provided herein..To the best of Seller's knowledge, no tenant under any of the Leases is in default thereunder; R. There are no attachments, executions, assignments for the benefits of creditors, or voluntary or involuntary proceedings in bankruptcy or under any other debtor relief laws contemplated by or pending or threatened against Seller or the Property; S. Seller knows of no repairs that need to be made to the Property and has no knowledge of any latent structural defects or any other defects of the Property, except for the following: THIS COVENANT IS NOT INTENDED TO BE A WARRANTY AND NO EXPRESS OR IMPLIED WARRANTY IS GIVEN BY SELLER WITH RESPECT TO THE PROPERTY. If any representation or warranty above is known by Buyer, prior to closing,to be untrue and is not remedied by Seller prior to closing,Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer,and neither party shall have any further rights cr obliga- tions pursuant to this Contract, or (ii) waive its objections and close the transaction. 18. AGREEMENTS OF SELLER: A. Seller agrees to deliver to Buyer within five (5) days of the effective date of this Contract copies of the following: (i) A current rent roll acceptable in form to Buyer and certified by Seller to be true and correct as of the date of delivery; (ii) All Leases pertaining to the Property, including any and all modifications, supplements, or amendments thereto; (iii) A current inventory of all tangible personal property and fixtures owned by Seller and located on,attached to,or used in connection with the Property, certified by Seller to be true and correct as of the date of delivery; (iv) Note(s), Deed(s) of Trust and other loan documents pertaining to loan(s) assumed or taken subject to; (v) All service, maintenance, management, or other contracts relating to the ownership and operation of the Property; (vi) All warranties and guaranties relating to the Property, or any part thereof, or to the tangible personal property and fixtures owned by Seller and located on, attached to, or used in connection with the Property, if available; (vii) All fire, hazard, liability, and other insurance policies held by Seller on the Property; ` (viii) All of the most recent real estate and personal property.tax statements with respect to the Property; u (ix) All leasing or other commission agreements with respect to the Property, which commissions are being assumed by Buyer p to paragraph hereof; 56aexl IV Glut t (x) The "as-built" plans and specifications with respect to the Property, if available; l4l l N(%p k v �- (xi) Information on utility and repair expenses incurred by Seller for operation of the Property for each month for the preceeding '8)years; (xii) A true and correct statement of income and expenses for the Property from - to us ,--t992 Buyer shall have 21 days from the date of delivery of the above required information to review such information.If Buyer objects to any matters contained therein,Buyer may within the above time period(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or(ii)waive such objections and close the transaction. Seller awees to deliver to Buyer at least seven(7)days prior to the Closing Date an estoppel certificate dated and executed nct earlier than ten (10)days prior to the Closing Date by each of the tenants under the leases stating that as of the Closing Date(1)no default exists under the terms of the lease agreement by either landlord or tenant; (2) the amount of any rental payments made in advance, if any; (3) the.amount of any security deposits made, if any; (4) that the tenant has no defenses or offsets against the payment of rent accruing under, the terms of the lease agreement; and (5) a warranty by Seller that said Leases are in full force and effect and that there are no defaults thereunder. If any tenants assert defenses or offsets against the payment of rent which are unacceptable to Buyer, Buyer shall immediately notify Seller in writing. Seller shall promptly undertake to eliminate such unacceptable defenses or offsets. In the event Seller is unable to do so by Closing Date, Buyer may (i) terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or (ii) waive such objections and close the transaction. 11 PM rkP Pf(PrrivP riarP of rhk CnnrrArr until the Clnsinp Dare or earlier termination of this Contract. Seller shall: (iv) Not enter into any written or oral service contract or other agreement with respect to the Property that will not be fully performed by Seller on or before the Closing Date,or that will not be cancellable by Buyer without liability on or after the Closing Date,without the prior written consent of Buyer; (v) Not enter into, or alter, amend, or otherwise modify, or supplement any lease without the prior written consent of Buyer; (vi) Not grant any bonus, free month's rental, rebate or other concession to any present or future tenant of the Property; (vii) Advise Buyer promptly of any litigation, arbitration, administrative hearing, or legislation before any governmental body or agency of which Seller becomes aware, concerning or affecting the Property which is instituted or threatened after the date hereof; (viii) Keep, observe, and perform all its obligations under the loan(s) assumed or taken subject to; (ix) Not take, or omit to take any action that would have the effect of violating any of the representations, warranties, covenants, and agreements of Seller contained in this Contract. 19. USE OF PROPERTY: Seller ❑ has A has not claimed the benefit of laws permitting a special use valuation for the purposes of payment of ad valorem taxes on the Property, and if so, Seller represents that he was legally entitled to claim such benefits. If Seller claimed such benefit and after the purchase is closed, Buyer changes the use of the Property and the same results in the assessment of additional taxes, such additional taxes will be the obligation of the Buyer. The representation herein shall survive closing. 20. PROPERTY SURVEY:Within 37 days from effective date hereof,Seller,at Seller's sole cost and expense,shall cause to be delivered to Buyer a current plat or survey of the Property,prepared by a surveyor acceptable to the parties and the Title Company closing this transaction. The survey shall certify to the Buyer and Title Company that: (i)the survey was made and staked on the ground; (ii)the plat shows the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other waterways, fences, easements, and rights-of-way on or adjacent to the Property, if any;(iii)there are no visible discrepancies,.conflicts,or encroachments except as shown on the survey plat;(iv)the Property does not lie in the 100 year flood plain as established by the U. S. Army Corp of Engineers or any other governmental body; (v) the survey plat is a true, correct, and accurate representation of the Property; and (vi) the survey sets forth the number of total acres/square feet comprising the Property,together with a metes and bounds description thereof.All easements and rights-of-way shall be referenced to the recording information applicable to the documents creating such easements or rights-of-way which have been recorded with the County Clerk of the County in which the Property is located.The survey shall locate and mark all comers and angles of the Property's perimeter on the ground with permanent,buried iron surveyor's stakes. 21. CONDEMNATION: If prior to Closing Date condemnation proceed in s are commenced against any portion of the Property, Buyer may, at its option,terminate this agreement by written notice to Seller within N A days after Buyer is advised of the commencement of condemnation proceedings and the earnest money shall be refunded to Buyer, or Buyer shall have the right to appear and defend in such condemnation pro- ceedings,and any award in condemnation shall,at the Buyers election,become the property of Seller and reduce the purchase price by the same amount or shall become the property of Buyer and the purchase price shall not be reduced. 22. CASUALTY LOSS: Risk of loss by damage or destruction to the Property prior to the closing shall be borne by Seller. In the event any such damage or destruction is not fully repaired prior to closing, Buyer, at its option, may either (i) terminate this Agreement, in which event the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or "ii)elect to close the transaction, in which event Seller's right to all insurance proceeds resulting from such damage or destruction shall be ass.gned in writing by Seller to Buyer. 23. MISCELLANEOUS: A. Any notice required or permitted to be delivered hereunder shall be deemtd received when personally delivered or sent by Unit,d State mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below the signature of such party hereto. B. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in 1-lams County, Texas. Galvestpn C. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,executors,administrators,legal representatives, successors, and assigns. D. In case any one or more the provisions contained in this Contract shall for any reason be held to be invalid, illegal, and unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter and cannot be changed except by their written consent. F. Time is of the essence of this Contract. G. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular numi er shall be held to include the plural, and vice versa, unless the context requires otherwise. H. In accordance with the requirements of the Texas Real Estate License Act, Buyer is hereby advised by Broker: (1)that it should be f..rnished with or obtain a policy of title insurance or have the abstract covering the Property examined by any attorney of its own selection, and(2) that unless otherwise agreed to in writing by the parties hereto, Broker and Co-Broker are being paid by Seller and are representing Seller in this transaction. 24. ASSIGNMENT IN A. Buyer may not assign this contract. ❑ B. Buyer may assign this Contract and all rights hereunder and shall be relieved of any future liability under this Contract provided the assignee shall assume in writing all the obligations of Buyer hereunder. 25. TERMINATION OF OFFER: Unless accepted by Seller, as evidenced by Seller's signature hereto and delivered to Buyer by 5:00 P.M., the 24 t h day of August 1992 this offer to purchase shall be null and void and all parties hereto sh.11 stand relieved and released of any and all liability or obligations hereunder and all Earnest Money shall be returned to Buyer. 26. CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract. READ IT CAREFULLY. NO REPRESENTATION OR RECOMMENDATION IS MADE BY BROKER OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY,LEGAL E FFECT, 1 OR TAX CONSEQUENCES OF THIS DOCUMENT OR THE TRANSACTION RELATING THERETO.THESE ARE QUES TIONS FOR YOUR ATTORNEY. CONSULT YOUR ATTORNEY BEFORE SIGNING. The Broker cannot give you legal advice —only factual EXECUTED in multiple originals effective the� day of 19 . (Fill in date last part, signs ` ALL APPLICABLE BOXES SHALL BE CHECkfDBYTHE PARTIES. EDM Property, L. C. By: - Listing Broker License No. Seller B By y Seller By: Co-Broker License No. Seller's Address Phone No. By City of Friendswood Buyer O o Receipt of$ �a sU Earnest By: Z44x,4 Money is acknowledged in the form Buyer Evelyn New an, Mayor of 421'�. 109 Willowick, Friendswood (713) 482-3323 Buyer's Address Phor.e No. E'scrbw Agent By r i i� h, VOICE DATE INVOICE UMBER AMOUNT DISCOUNT AMOUNT PAID REMARKS N /18/92 RZY921647 $2,500.00 .00 $2,500.00 Earnest money for Atrium Building 1 I i r CITY OF FRIENDSWOOD VENDOR NO. CHECK NO. PAGE CONSOLIDATED CASH FUND TOTAL AMOUNT ON CHECK IS LAST FIGURE 45205 34428 l IN COLUMN ABOVE SO %768 No TEXAS COMMERCE BANK,N.A 6oF5 CHECK CITY OF FRIENDSWOOD 7 712MAIN 34428 NUMBER CONSOLIDATED CASH FUND P.O.BOX 2558 109 WILLOWICK 482-3323 HOUSTON,TX 77252 FRIENDSWOOD,TX 77546 35-60/1130 CHECK DATE 08/13/92 PAY THIS AMOUNT AY THE SUM OFT'n'^'2 500.... . DOLLARS AND,�O'--* CENTS $2 500 00 .��f'-', n TO THE ORDER OF Houston Title Co. VOID AFTER 120 DAYS 416 S. Friendswood Drive Friendswood, TX 77546 AS II'0 344 28i►' ': L 1 300060911: 110013000016 I . t EARNEST MONEY CONTRACT-COMMERCIAL IMPROVED PROPERTY THIS CONTRACT FORM HAS BEEN PREPARED FOR USE BY MEMBERS OF THE HOUSTON BOARD OF REALTORS, BY ITS LEGAL COUNSEL, AN ATTORNEY AT LAW LICENSED IN TEXAS,AND APPROVED FOR USE IN A TRANSACTION INVOLVING THE SALE OF COMMERCIAL IMPROVED PROPERTY. SUCH APPROVAL RELATES TO THIS CONTRACT FORM ONLY. THIS FORM HAS NOT BEEN DRAFTED FOR A SPECIFIC TRANSACTION AND NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION.TERMS AND PROVISIONS THAT ARE NOT APPLICABLE SHOULD BE STRICKEN BY THE PARTIES. THE PARTIES ARE ADVISED TO CONSULT THEIR ATTORNEYS BEFORE SIGNING. 1. PARTIES EDM Property, L. C. (Seller) agrees to sell and convey to city o r l e n swo 0 (Buyer) and Buyer agrees to buy from Seller the following property for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. 2. PROPERTY: A tract of land situated in Galveston County, Texas, together with all buildings, improvements, fixtures, and all property of every kind and character and description owned by Seller located on, attached to,or used in connection with the Property; and all privileges, and appurtenances pertaining thereto including any right, title and interest of Seller in and to adjacent streets, alleys, or rights-of-way, Seller's interest in and to all leases or rents, and security deposits, Seller's interest in and to all licenses and permits with respect to the Property,Seller's interest in all service, maintenance,management or other contracts relating to the ownership or operation of the Property, Seller's interest in all warranties or guaranties relating to the Property or to any tangible personal property and fixtures located on,attached to,or used in connection with the Property,and Seller's interest in any trade names used in connection with the Property;all of the above hereinafter collectively called"Property",described as follows and/or as set out on Exhibit"A"attached hereto and incorporated herein: Abstract 151 Lot 9 Less 50 X 90 feet and Lot 10 Harvey and Stout Subdivision Known as the Atrium Building, 416 Friendswood Drive The metes and bounds description determined by the survey of the Property hereinafter provided for will replace Exhibit "A" attached hereto in the event it should differ from the attached exhibit.Any property to be excluded from this sale should be set forth under Special Provisions below. 3. CONTRACT SALES PRICE: A. Cash payable at closing. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 460,000.00 B. Sum of all notes described in Paragraph 4 beloww . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00 C. Sales Price (Sum of A and B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . _$.$ 460,000.00 4. FINANCING: ❑ A. SUBJECT TO: Buyer takes subject to, and does not assume payment of, the unpaid balance of that promissory note to dated , and does not assume those obligations imposed by the Deed of Trust,securing payment of said note,recorded in the county where the Property is situated. Buyer shall pay the installment payment due after the date of closing. The principal balance at closing will be $ , allowing for an agreed $ variance. The cash payable at closing shall be adjusted for the amount of such variance. Should this not be acceptable to the note holder, or if the variance exceeds the amount above, or should the terms of the note or deed of trust or interest rate be modified, or should Buyer be required to pay a transfer fee in excess of$ , this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer. ❑ B. ASSUMPTION: Buyer shall assume the unpaid balance of that promissory note payable to dated , and those obligations imposed by the Deed of Trust recorded in Volume Page of the Deed of Trust Records in the county where the Property is situated. Buyer shall pay the installment payment due after the date of closing. The assumed principal balance at closing will be$ , allowing for an agreed $ variance. The cash payable at closing shall be adjusted for the amount of such variance. Buyer shall apply for assumption approval within days from the effective date hereof and shall make every reasonable effort to obtain the same.If the variance exceeds the above amount, or the existing interest rate is increased above %, or any other terms are modified, or Buyer is required to pay an assumption fee in excess of$ ,or assumption approval cannot be obtained within days from the effective date hereof,this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer. ❑ C. THIRD PARTY FINANCING: This Contract is subject to approval of a loan for Buyer by a third party in the amount of $ payable in installments for not less than years with the interest rate not to exceed % per annum,and with each principal and interest installment not to exceed$ , ❑ including interest❑plus interest. Buyer shall apply for the loan within days from the effective date hereof and shall make every reasonable effort to obtain approval. If the loan has not been approved within days from the effective date hereof, this Contract shall terminate and the Earnest Money shall be refunded to Buyer. ❑ D. SELLER FINANCING:Buyer shall execute a promissory note to Seller in the principal sum of$ bearing % interest per annum, and payable: (Check 1, 2, 3 and/or 4 below) ❑ (1) In full on the day of 19 , with accrued interest being due and payable ❑ (2) In ❑ monthly ❑ annual ❑ other: installments of$ ❑ including interest ❑ plus interest each, beginning on the day of , 19 , and continuing regularly thereafter until the dal'of 19 when the entire arnni inr of nrinrimil and inter t rk—re—irni— ❑ (3) Interest only in ❑ monthly ❑ annual r other:_ installments of$ each, beginning on the day of , 19 , and continuing regularly thereafter until the day of 19 , and thereafter in ❑ monthly ❑ annual ❑ other: installments of$ ❑ including interest ❑ plus interest, beginning on the day of 19 , and continuing regularly thereafter until the day of , 19 , when the entire amount of principal and interest then remaining unpaid shall be due and payable. ❑ (4) The Note shall provide for no personal or corporate liability in the event of a default, it being understood that the holder of the Note may look only to the security provided by the Deed of Trust and retained vendor's lien to enforce the payment of the indebtedness. ❑ (5) The Deed of Trust securing payment of the Note shall provide that if all or any part of the Property or an interest therein is sold or transferred by Buyer without the prior written consent of the holder of the Note, the holder of the Note may, at its option, declare all the sums secured by the Deed of Trust to be immediately due and payable. Any Seller financed note may he prepaid in whole or in part at any time without penalty.Any prepayments are to be applied toward the payment of the installments of principal last maturing,but interest shall immediately cease upon amount of principal prepaid.The lien securing payment of such note will be inferior to any lien securing any loan assumed, taken subject to or given in connection with third party financing. Each note herein provided shall be secured by Vendor's and Deed of Trust liens and assignment of leases. A Vendor's Lien and Deed of Trust to secure any assumption,or Buyer's performance if taken subject to,shall be required,which lien shall be automatically released on execution and delivery of a release by noteholder. In case of dispute as to the form of the Deed, Note(s), or Deed of Trust(s), forms prepared by the State Bar of Texas shall be used; Each note herein provided shall contain provision for acceleration of maturity in the event of default and for the payment of reasonable attorney's fees if the note is placed in the hands of an attorney for collection. 5. EARNEST MONEY:As a condition precedent to the validity of this Contract,$ 2,500.00 is herewith tendered and is to be deposited as Earnest Money with Houston Title Company as Escrow Agent,and placed in an rest bearing account, upon execution of the Contract by both parties. December 6. CLOSING: The closing of the sale (the "Closing Date")shall take place at the Title Company on or before�'� 1 1992 unless such date is changed in writing by Seller and Buyer, or otherwise extended as herein provided. A. At the closing, Seller shall deliver to Buyer, at Seller's sole cost and expense, the following: (1) A duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens,encumbrances,conditions,easements,assessments,reservations and restrictions,except as permitted herein and/or approved by Buyer in writing; (2) An Owner's Policy of Title Insurance (the "Title Policy") issued by Houston Title Company (the Title Company) in the full amount of the Sales Price, dated as of closing, insuring Buyer's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the usual form of the Title Policy, provided, however: (a)the exception as to area and boundaries IN shall not be deleted ❑shall be deleted except for"any shortages in area"and if deleted, such deletion shall be an expense of N/A (b)the exception as to restrictive covenants shall be endorsed "None of Record", unless any existing restrictive covenants are approved by Buyer; (c) the exception as to taxes shall be limited to taxes for the current year and subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership; (3) A Bill of Sale containing warranties to title, conveying title, free and clear of all liens, to any personal property specified herein and an assignment of leases, prepaid rents, security deposits, and trade name, and to the extent assignable, licenses and permits, maintenance, management or other contracts, warranties or guaranties, duly executed by Seller; (4) A current rent roll duly certified by Seller; (5) If requested by Buyer,to the extent assignable,an assignment of any one or more of the insurance policies held by Seller pertaining to the Property, duly executed by Seller; (6) Furnish evidence of its capacity and authority for the closing of this transaction; (7) Execute all other necessary documents to close this transaction. B. At the closing, Buyer shall perform the following: (1) Pay the cash portion of the Sales Price; (2) Execute the note(s) and deed(s) of trust provided for herein; (3) Furnish evidence of its capacity and authority for the closing of this transaction; (4) Furnish to Seller and/or Third Party Lender, at Buyer's expense, a mortgagee's policy issued by Title Company for the benefit of the holder(s) of the deed(s) of trust provided for herein; (5) Execute all other necessary documents to close this transaction. (6) Execute an assumption agreement for payment of any brokerage leasing commissions that become due and payable after the date of closing. 7. FEASIBILITY STUDY AND INSPECTION: Buyer X is ❑ is not granted the right to conduct an engineering, and/or market and economic feasibility study ("Feasibility Study")of the Property, and a physical inspection ("Inspection")of all improvements, fixtures, mechanical equip- ment, and personal property being sold hereby. In the event Buyer is granted such right, Buyer shall have 30 days from the effective date hereof to perform such study and inspection and in this regard, Buyer or his designated agents may enter upon the Property for purposes of such analysis, or other tests and inspections which may be deemed necessary by Buyer. If Buyer determines, in his sole judgment, that the Property is not suitable for any reason for Buyer's intended use or purpose,or is not in satisfactory condition,then Buyer may,on written notice to Seller on or before 45 days from the effective date hereof, terminate this agreement, and it shall be null and void for all purposes and the Earnest Money shall be ret imed to Buyer, less the sum of$ 0.00 to be delivered to and retained by Seller as consideration for this Contract, which consideration is deemed earned as of the date of this Contract. If the written notice is not given to Seller within such period,this condition and any and all objections with respect to the Feasibility Study and Inspection shall be deemed to have been waived by Buyer for all purposes. In the event this Contract shall not close, through no fault of Seller, Buyer shall restore the Property to its original condition, if changed due to the tests and inspections performed by Buyer, and shall provide Seller with a copy of the results of any tests and inspections made by Buyer, excluding any market and economic feasibility studies. The study/inspection shall be at Buyer's expense. 8. BROKER'S FEE: N/a Listing Rm6r ( 9h) ­4 • ti 10. SPECIAL PROVISIONS: * This contract is subject to the City of Friendswood receiving appropriate financing through the issuance of Certificates of Obligation. * Seller will provide all leases to be transferred to the City of Friendswood, with all month to month leases to terminate March 31 , 1993. The unexpired lease of Dick Fleisher plus his option will be honored after buyers review of lease agreement . All other unexpired leases to terminate by March 31 , 1993. (Insert factual statements and business details applicable to this sale.) 11. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. SELLER'S EXPENSES: All costs of releasing existing loans and recording the releases; Owner's Title Policy; survey; tax statements; 1/2 of any escrow fee; preparation of Deed; other expenses stipulated to be paid by Seller under other provisions of this Contract. B. BUYER'S EXPENSES: All expenses incident to any loan (e.g., loan procurement fees, preparation of Note, Deed of Trust, and other loan documents,recording fees,Mortgagees Title Policy,prepayable interest,credit reports); 1/2 of any escrow fee;copies of restrictions,easements, reservations, or conditions affecting the Property; and expenses stipulated to be paid by Buyer under other provisions of this Contract. 12. PRORATIONS: Insurance (at buyers option), interest on any debt assumed or taken subject to, assessments, current taxes, and any rents, and maintenance fees shall be prorated at the date of closing. No proration shall be made for delinquent rents existing as of Closing Date, which rents Seller shall be responsible for collecting. At the closing, Seller shall pay to Buyer in cash the amount of any prepaid rents paid to Seller by tenants of the Property for periods subsequent to the Closing Date. If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date,proration of taxes shall be made on the basis of taxes assessed in the previous year, with a subsequent cash adjustment of such proration to be made between Seller and Buyer, if necessary, when actual tax figures are available. If Buyer is assuming payment of or taking subject to any existing loan on the Property,all reserve deposits for the payment of taxes, insurance premiums,or other charges shall be transferred to Buyer by Seller and Buyer shall pay to Seller the amount of such reserve deposits.Any special assessments applicable to the Property for improvements previously made to benefit the Property shall be paid by Seller. Seller shall pay to Buyer at closing in cash the amount of any deposits paid to Seller by tenants of the Property, including but not limited to, all rental security, cleaning, utility, key, damage, and other deposits. All other income and ordinary operating expenses of the Property, including but not limited to,public utility charges,maintenance,management,and other normal operating charges shall be prorated as of the date of closing. 13. TITLE APPROVAL: Seller shall deliver to Buyer within twenty (20)days from the date of this Contract a Commitment for Title Insurance (the "Commitment")and,at Buyer's request, legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commit- ment. If Buyer has an objection to items disclosed in such Commitment or survey provided for herein, Buyer shall have fourteen(14)days after receipt of each such instrument to make written objections to Seller. If Buyer or third party lender makes such objections or if the objections are disclosed in Commitment,survey or by the issuer of the Title Policy,Seller shall have thirty(30)days from the date such objections are disclosed to cure the same, and the Closing Date shall be extended, if necessary. Seller agrees to utilize its best efforts and reasonable diligence to cure such objection, if any. If the objections are not satisfied within such time period, Buyer may (i) terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or (ii)waive the unsatisfied objections and close the transaction. 14. DEFAULT: Unless otherwise provided for herein, if Buyer fails to comply herewith, Seller may terminate this Contract and receive the Earnest Money as liquidated damages, one-half of which (but not exceeding the herein recited Broker's fee)shall be paid by Seller to Broker in full payment of Broker's services. The Broker's fee is payable only if and when Seller enforces specific performances, collects damages for such default by suit, compromise, settlement, or receives the Earnest Money as liquidated damages. Unless otherwise provided for herein, if Seller fails to comply herewith, Buyer may either (i)enforce specific performance hereof and seek such other relief as may be provided by law, or(ii)terminate this Contract and receive the Earnest Money. Notwithstanding the above, accrued interest, if any, on the Earnest Money shall be paid to Buyer. 15. ATTORNEY'S FEES:Any signatory to this Contract who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to the Contract or transaction shall be additionally entitled to recover court costs and reasonable attorney's fees from the non-prevailing party. 16. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent (i) is not a party to this Contract and does not assume or have any liability for performance or non-performance of any party and (ii)has the right to require from all signatories a written release of liability of the Escrow Agent,termination of the Contract and authorization to disburse the Earnest Money.At closing,Earnest Money and accrued interest shall be applied to any cash down payment required, next to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this Contract shall be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money, and the Escrow Agent will pay the same to the creditors entitled thereto. 17. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller hereby represents and warrants to Buyer as follows,which representations and warranties shall be deemed made by Seller to Buyer also as of closing date and such representations and warranties shall survive the closing: A. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or tresspassers except tenants under the written leases delivered to Buyer pursuant to the Contract; B. There is no pending or threatened condemnation or similar proceeding or assessment affecting the Property, or any part thereof,nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority; C. Seller is the fee simple owner of the title to the Property and is duly authorized and empowered to sell said Property; t r ' J. The Property is not being used and Seller has no knowledge that it has ever been used for the storage or disposal of any ha_ardoUS or toxic materials; K. To the best of Seller's knowledge, no fact or condition exists which would result in the termination of the current access from the Property to any presently existing highways and/or roads adjoining or situated on the Property,or to any existing sewer or other utility faciltiies servicing, adjoining, or situated on the Property; L. Seller shall not further encumber, or allow the encumbrance of, the title to the Property, or modify the terms or conditions of any existing encumbrances, if any, without the written consent of Buyer; M. Seller has no knowledge of any pending or contemplated change in any statute,ordinance, rule or other governmental regulation applicable to the Property, or any action pending or threatened by any governmental body, adjacent landowners or other persons, or of any condition upon or affecting the Property, any of which would result in any material change in the condition of the Property, or in any way limit the use of the Property; N. Seller has not received, and has no other knowledge of any nonce from any insurance coannpany requesting the performance of any work regarding the Property or relating to an increase in the insurance premiums applicable to the Property; O. Seller has all necessary licenses and permits required by any and all statutes, ordinances, rules or other governmental regulations for the use and operation of the Property; P. All obligations of Seller arising from the ownership and operation of the Property and business operated thereon, including,but not limited to salaries, taxes, leasing commissions, and the like, have been paid as they became due or will be paid at or prior to closing. Except for obligations for which provisions are herein made for proration or other adjustment at closing and the indebtedness taken subject to or assumed, there will be no obligations of Seller with respect to the Property outstanding as of the Closing Date; Q. Each Lease furnished to Buyer pursuant to this Contract is in full force and effect, and has not been amended or modified in any way that has not been disclosed to Buyer in writing. Such Leases constitute all of the written and oral agreements of any kind for the leasing, rental, or occupancy of any portion of the Property. To the best of Seller's knowledge Seller has performed and complied with all its obligations under the Leases as and when thereby required, and there exists no fact or circumstance that could constitute a default of the landlord or lessor under any of the Leases,or entitle any tenant thereunder to offsets or defenses against the prompt,current payment of rent thereunder. Each tenant under the Leases actually occupies the premises leased thereunder.Except as expressly disclosed to Buyer in writing on the rent rolls furnished to Buyer pursuant to this Contract,no rental under any lease has been collected in advance of the current month, and except as so disclosed to Buyer in writing on such rent rolls,there are no concessions,bonuses,free months rental,rebates,or other matters affecting the rental for any tenant thereunder. Seller is the owner of the entire lessor's interest in and to each of the Leases and none of the Leases or the rentals or other sums payable thereunder has been assigned or otherwise encumbered, except as security for loan(s)assumed or taken subject to as provided herein. To the best of Seller's knowledge, no tenant under any of the Leases is in default thereunder; R. There are no attachments, executions, assignments for the benefits of creditors, or voluntary or involuntary proceedings in bankruptcy or under any other debtor relief laws contemplated by or pending or threatened against Seller or the Property; S. Seller knows of no repairs that need to be made to the Property and has no knowledge of any latent structural defects or any other defects of the Property, except for the following: THIS COVENANT IS NOT INTENDED TO BE A WARRANTY AND NO EXPRESS OR IMPLIED WARRANTY IS GIVEN BY SELLER WITH RESPECT TO THE PROPERTY. If any representation or warranty above is known by Buyer,prior to closing,to be untrue and is not remedied by Seller prior to closing,Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer,and neither party shall have any further rights or obliga- tions pursuant to this Contract, or (ii) waive its objections and close the transaction. 18. AGREEMENTS OF SELLER: A. Seller agrees to deliver to Buyer within five (5) days of the effective date of this Contract copies of the following: (i) A current rent roll acceptable in form to Buyer and certified by Seller to be true and correct as of the date of delivery; (ii) All Leases pertaining to the Property, including any and all modifications, supplements, or amendments thereto; (iii) A current inventory of all tangible personal property and fixtures owned by Seller and located on, attached to,or used in connection with the Property, certified by Seller to be true and correct as of the date of delivery; (iv) Note(s), Deed(s) of Trust and other loan documents pertaining to loans) assumed or taken subject to; (v) All service, maintenance, management, or other contracts relating to the ownership and operation of the Property; (vi) All warranties and guaranties relating to the Property, or any part thereof, or to the tangible personal property and fixtures owned by Seller and located on, attached to, or used in connection with the Property, if available; (vii) All fire, hazard, liability, and other insurance policies held by Seller on the Property; (viii) All of the most recent real estate and personal property tax statements with respect to the Property; (ix) All leasing or other commission agreements with respect to the Property, which commissions are being assumed by Buyer pu to paragraph hereof; 2 sglle Wtw Grv� � (x) The "as-built" plans and specifications with respect to the Property, if available; /a-1( iAjFv L-4,e 105 otter 1 (xi) Information on utility and repair expenses incurred by Seller for operation of the Property for each month for the preceeding )yea ; (xii) A true and correct statement of income and expenses for the Property from 3ul-y - 991 to A -992 Buyer shall have 21 days from the date of delivery of the above required information to review such information.If Buyer objects to any matters contained therein,Buyer may within the above time period(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or (ii) waive such objections and close the transaction. Seller agrees to deliver to Buyer at least seven(7)days prior to the Closing Date an estoppel certificate dated and executed not earlier than ten (10)days prior to the Closing Date by each of the tenants under the leases stating that as of the Closing Date (1)no default exists under the terms of the lease agreement by either landlord or tenant; (2) the amount of any rental payments made in advance, if any; (3) the.amount of any security deposits made, if any; (4)that the tenant has no defenses or offsets against the payment of rent accruing under, the terms of the lease agreement; and (5) a warranty by Seller that said Leases are in full force and effect and that there are no defaults thereunder. If any tenants assert defenses or offsets against the payment of rent which are unacceptable to Buyer, Buyer shall immediately notify Seller in writing. Seller shall promptly undertake to eliminate such unacceptable defenses or offsets. In the event Seller is unable to do so by Closing Date, Buyer may(i)terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or (ii) waive such objections and close the transaction. R Fr,,.,, 4... .4T rr;..a flora _(rl.;. ('nnr­ ..r.r;l rl.o !`l.,dr.,, r).ro ... e 1;e. re........,..,... —4r.1.;. (`,.......... Celle ..1,..11. r (iv) Not enter into any written or oral service contract or other agreement with respect to the Property that will not be fully performed by Seller on or before the Closing Date,or that will not be cancellable by Buyer without liability on or after the Closing Date,without the prior written consent of Buyer; (v) Not enter into, or alter, amend, or otherwise modify, or supplement any lease without the prior written consent of Buyer; (vi) Not grant any bonus, free montHs rental, rebate or other concession to any present or future tenant of the Property; (vii) Advise Buyer promptly of any litigation, arbitration, administrative hearing, or legislation before any governmental body or agency of which Seller becomes aware, concerning or affecting the Property which is instituted or threatened after the date hereof; (viii) Keep, observe, and perform all its obligations under the loan(s) assumed or taken subject to; (ix) Not take, or omit to take any action that would have the effect of violating any of the representations, warranties, covenants, and agreements of Seller contained in this Contract. 19. USE OF PROPERTY: Seller O has N has not claimed the benefit of laws permitting a special use valuation for the purposes of payment of ad valorem taxes on the Property, and if so, Seller represents that he was legally entitled to claim such benefits. If Seller claimed such benefit and after the purchase is closed, Buyer changes the use of the Property and the same results in the assessment of additional taxes, such additional taxes will be the obligation of the Buyer. The representation herein shall survive closing. 20. PROPERTY SURVEY:Within 37 days from effective date hereof,Seller,at Seller's sole cost and expense,shall cause to be delivered to Buyer a current plat or survey of the Property,prepared by a surveyor acceptable to the parties and the Title Company closing this transaction. The survey shall certify to the Buyer and Title Company that: (i) the survey was made and staked on the ground; (ii)the plat shows the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other waterways, fences, easements, and rights-of-way on or adjacent to the Property, if any; (iii)there are no visible discrepancies,conflicts, or encroachments except as shown on the survey plat; (iv)the Property does not lie in the 100 year flood plain as established by the U. S. Army Corp of Engineers or any other governmental body; (v) the survey plat is a true, correct, and accurate representation of the Property; and (vi) the survey sets forth the number of total acres/square feet comprising the Property, together with a metes and bounds description thereof. All easements and rights-of-way shall be referenced to the recording information applicable to the documents creating such easements or rights-of-way which have been recorded with the County Clerk of the County in which the Property is located.The survey shall locate and mark all comers and angles of the Property's perimeter on the ground with permanent,buried iron surveyor's stakes. 21. CONDEMNATION: If prior to Closing Date condemnation proceedings are commenced against any portion of the Property, Buyer may, at its option, terminate this agreement by written notice to Seller within N/A days after Buyer is advised of the commencement of condemnation proceedings and the earnest money shall be refunded to Buyer, or Buyer shall have the right to appear and defend in such condemnation pro- ceedings,and any award in condemnation shall, at the Buyers election, become the property of Seller and reduce the purchase price by the same amount or shall become the property of Buyer and the purchase price shall not be reduced. 22. CASUALTY LOSS: Risk of loss by damage or destruction to the Property prior to the closing shall be bome by Seller. In the event any such damage or destruction is not fully repaired prior to closing, Buyer, at its option, may either (i) terminate this Agreement, in which event the Earnest Money shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or(ii)elect to close the transaction, in which event Seller's right to all insurance proceeds resulting from such damage or destruction shall be assigned in writing by Seller to Buyer. 23. MISCELLANEOUS: A. Any notice required or permitted to be delivered hereunder shall be deemed received when personally delivered or sent by United State mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below the signature of such party hereto. B. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County, Texas. Galvestpn C. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors,administrators,legal representatives, successors, and assigns. D. In case any one or more the provisions contained in this Contract shall for any reason be held to be invalid, illegal, and unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter and cannot be changed except by their written consent. F. Time is of the essence of this Contract. G. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. H. In accordance with the requirements of the Texas Real Estate License Act, Buyer is hereby advised by Broker: (1)that it should be furnished with or obtain a policy of title insurance or have the abstract covering the Property examined by any attorney of its own selection, and(2) that unless otherwise agreed to in writing by the parties hereto, Broker and Co-Broker are being paid by Seller and are representing Seller in this transaction. 24. ASSIGNMENT: IN A. Buyer may not assign this contract. O B. Buyer may assign this Contract and all rights hereunder and shall be relieved of any future liability under this Contract provided the assignee shall assume in writing all the obligations of Buyer hereunder. 25. TERMINATION OF OFFER: Unless accepted by Seller, as evidenced by Seller's signature hereto and delivered to Buyer by 5:00 P.M., the 24th day of August , 1992 , this offer to purchase shall be null and void and all parties hereto shall stand relieved and released of any and all liability or obligations hereunder and all Earnest Money shall be returned to Buyer. 26. CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract. READ IT CAREFULLY. NO REPRESENTATION OR RECOMMENDATION IS MADE BY BROKER OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY,LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS DOCUMENT OR THE TRANSACTION RELATING THERETO.THESE ARE QUESTIONS FOR YOUR ATTORNEY. CONSULT YOUR ATTORNEY BEFORE SIGNING. The Broker cannot give you legal advice —only factual and business details concerning land and improvements. ti 41 7 EXECUTED in multiple originals effective the day of , 19�(Flll in date fast party signs.) ALL APPLICABLE BOXES SHALL BE CHECKED BY THE PARTIES. EDM Property, L. C. By: - Listing Broker License No. Seller By By: 1. Seller By: Co-Broker License No. Seller's Address Phone No. By City of Friendswood Buyer / Receipt of$ Earnest By: Money is acknowledged in the form Buyer Evelyn New an, Mayer of 109Willowick, Friendswood (713) 482-3323 Buyer's Address Phone No. Escrow Agent By OIC � TES^ INVOICE All, NUMBER'gC;�1 a k;, �SCOIINT� k�4M0UNTPAIDs 3/18/92 FWD921647 $2,500.00 .00 $2,500.00 Earnest money for Atrium Building ' I I I I I I ' I I I I I ( I I i i I CITY OF FRIENDSWOOD '' VENDOR NO. .; ,-CHECK NO. PAGE CONSOLIDATED CASH FUND TOTAL AMOUNT ON CHECK INCOLUMN ABOVE FIGURE 45205 34428 1 I I CITY OF FRIENDSWOOD TEXAS COMMERCE BANK,N.A. I CONSOLIDATED CASH FUND 712 MAIN NCHECK UMBER 3442P 109 WILLOWICK 482-3323 P.O.BOX 2558 i HOUSTON,TX 77252 FRIENDSWOOD,TX 77546 35-80/1130 I, :CHECK DATE i I 08/13/92 I PAY THIS AMOUNT AY TO THE THE SUM OF* 0' 2 500''Hnk' DOLLARS ANdC*00,* CENTS $2i 500.00**-'6',** i i ( ORDER OF I Houston Title Co. VOID AFTER 120 DAYS 416 S. Friendswood Drive Friendsuwd, TX 77546 i f I II'0 344 2811' 1: L L 30006091: 1"0 L 30000 L64411' 141 SPECIAL MEETING FRIENDSWOOD CITY COUNCIL JUNE 8 , 1992 MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON JUNE 8 , 1992 AT 7 : 00 P . M. AT FRIENDSWOOD CITY HALL , 109 WILLOWICK , FRIENDSWOOD , TEXAS , WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYO R EVELYN B. NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY MANAGER RON COX CITY SECRETARY DELORIS ARCHER DISCUSSION WAS HELD REGARDING EXPANSION OF LIBRARY FACILITIES WAS HELD WITH LIBRARY DIRECTOR CLAUDIE PETTIGREW, LIBRARY CHAIRMAN KEN GILBREATH, BOARD MEMBERS LILA RITTER , VICKY MIDDENTS AND RUTH LAY . MS . PETTIGREW OUTLINED EXPANSION POSSIBILITIES, SUGGESTING ADDING APPROXIMATELY 1 , 392 SQ . FT. ADJACENT TO THE PRESENT REFERENCE ROOM AN AN ELL SHAPED EXTENSION OF THAT ROOM AND TO ADD 4 , 642 SQ . FT. ATOP THE PROPOSED 1 , 39.2 SQ. FT. ADDITION AND THE EXISTING 3 , 250 SQ . FT. . DISCUSSION WAS HELD REGARDING EXPANSION OF THE LIBRARY TO, THE LITTLE LIBRARY . DISCUSSION WAS ALSO HELD REGARDING NEED FQR -ADDITIONAL PARKING . MS . PETTIGREW RECOMMENDED A LIBRARY CONSULTANT BE EMPLOYED TO PROVIDE FOR LONG RANGE NEEDS AND LAND AVAILABILITY FEASIBILITY STUDY. CHAIRMAN GILBREATH AND BOARD MEMBERS CONCURRED WITH MS . PETTIGREWIS RECOMMENDATION . AFTER THE CONSULTANT COMPLETES THE STUDY , A WRITTEN REPORT WILL BE PROVIDED TO COUNCIL AFTER REVIEW BY THE LIBRARY BOARD . DISCUSSION REGARDING REVIEW OF THE PRELIMINARY DICKINSON BAYOU WATERSHED REGIONAL DRAINAGE PLAN. COMMUNITY DEVELOPMENT DIRECTOR JIMMY THOMPSON PRESENTED THE PLAN. REPORTED WALSH ENGINEERING INC . , HAS PREPARED SOME PRELIMINARY BASELINE INFORMATION REGARDING THE FLOODPLAIN IN THE WATERSHED AND STATED OUR PORTION OF THE WATERSHED IS VERY SMALL , BUT MOST OF IT IS NOW DETERMINED TO BE FLOODPLAIN WITH A INCREASE FROM 4 , 000 ACRES TO 20 , 000 ACRES . REPORTED WITHIN THAT DOCUMENT, THEY HAVE ALSO PROPOSED DIFFERENT ALTERNATIVES FOR ENFORCEMENT OF THE PLAN . PRESENTED AN EXHIBIT OF THE CHANGE IN FLOODPLAIN, AND A REPORT OF THE PROPOSED DRAINAGE CRITERIA MANUAL THAT IS BEING PREPARED AT THE MEETING AND REPORTED THE DOCUMENT IS VERY SIMILAR TO THE CLEAR CREEK REGIONAL WATERSHED PLAN IN ITS PRESENTATION AND RECOMMENDATIONS. REPORTED THIS PRELIMINARY REPORT WILL GO BACK TO THE COMMITTEE y "i 142 AND THE FINAL REPORT WILL BE APPROVED BY COUNCIL AND REPORTED THE DATA WILL BE SUBMITTED TO FEMA FOR REVIEW AND POSSIBLE UPDATE OF THE FEMA MAPS WHICH WOULD TAKE APPROXIMATELY TWO YEARS . MOTION MADE AND APPROVED FOR ADJOURNMENT AT 8 : 0 P . . MAYOR VELYN B. NEWMAN DEL RIS ARC ER , CMC CITY SECRETARY DA : MEETING NOTICE AGN . SPE y , 143 REGULAR MEETING FRIENDSWOOD CITY COUNCIL JUNE 15 , 1992 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON JUNE 15 , 1992 AT 7 : 00 PM AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBERS, 109 WILLOWICK, FRIENDSWOOD , TEXAS WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR EVELYN NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE ARCHER INVOCATION WAS GIVEN BY COUNCILMEMBER MEL MEASELES . PLEDGE OF ALLEGIANCE WAS LED BY MAYOR NEWMAN . MAYOR NEWMAN ANNOUNCED THE 14TH OF JULY FESTIVITIES FOR FRIENDSWOOD WERE REPORTED IN THIS MONTHS PARENTS MAGAZINE , REPORTED WATER USAGE FOR MAY IS 92, 773 MILLION , UP FROM 77 MILLION FROM LAST MONTH, COMMENDED WATER DEPARTMENT FOR THE NUMBER OF WATER METERS THAT HAVE BEEN CHANGED OUT, REPORTED ON RECEIVING A COPY OF THE HARRIS COUNTY APPRAISAL DISTRICT BUDGET, REPORTED IMPACT FEES COLLECTED IS UP AND REPORTED ON A MEETING HELD LAST WEEK WITH STAFF FROM THE WATER DEPARTMENT , PUBLIC WORKS AND PLANNING DEPARTMENT REGARDING WATER CONSERVATION. COUNCILMEMBER HAJECATE COMMENDED MEMBERS OF THE POLICE DEPARTMENT FOR THEIR PARTICIPATION IN THE "CODE THREE BAND" THAT WAS FORMED TO SUPPORT THE DARE PROGRAM AND STATED SHE WOULD LIKE TO SEE THE BAND BRANCH OUT . COUNCILMEMBER MEASLES REPORTED THE BICYCLE ADVISORY COMMITTEE MEETING MET LAST MONTH , LOOKING AT STREETS BEING RESURFACED FOR BIKING LANES , REPORTED A SURVEY WILL BE SENT OUT REGARDING CREATING A BICYCLE SAFE COMMUNITY , REPORTED ON C . C .D.D . MEETING HELD LAST WEEK WITH CITIZENS FROM SUNMEADOW SUBDIVISION REGARDING FLOODING AND REQUESTED COUNCIL SUPPORT C . C .D .D . PERMIT REQUEST FOR CHIGGER CREEK PROJECT FROM CORP OF ENGINEERS. COUNCILMEMBER MANISON REPORTED ON A MEETING AT GALVESTON/HARRIS SUBSIDENCE DISTRICT REGARDING WATER CONSERVATION AND SUGGESTED 1 3 •a :c .r 'i •x �d 144 THE CITY LOOK AT EXISTING FACILITIES FOR SOLUTION FOR NEW CITY HALL/COMMUNITY CENTER . COUNCILMEMBER STUART REPORTED ON ATTENDING CLEAR CREEK REGIONAL DRAINAGE MEETING WITH DANNENBAUM ENGINEERING PRESENTING A STATUS ' REPORT AND REPORTED ON ATTENDING A G . C .M. & C . MEETING REGARDING ELECTION OF BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT. COUNCILMEMBER RALEY ASKED IF THE TRAFFIC LIGHT AT CASTLEWOOD WAS "ON DEMAND" , CITY MANAGER ADVISED IT IS BUT IS NOT WORKING AT THIS TIME . COUNCILMEMBER RALEY ASKED THE CITY MANAGER TO LOOK INTO REFLECTIVE STREET SIGNS , ASKED COUNCIL TO GO ON RECORD IN SUPPORT OF GALVESTON ' S ALCOHOL FREE BEACH AND COUNCIL CONCURRED AND REQUESTED A RESOLUTION BE PREPARED TO BE CONSIDERATION AT THE NEXT MEETING . COUNCILMEMBER FRANKOVICH REPORTED HE MISSED THE LAST MEETING DUE TO SEVERE FLOODING IN SUNMEADOW SUBDIVISION AND STATED HE HAS SOME CONCERNS REGARDING NEW OUTFALL PUT IN THE SUN COURT AREA AND WOULD LIKE TO SEE SOME BACK FLOW FLAPS INSTALLED TO HANDLE PEAK FLOW AND EXPRESSED CONCERN WITH THE DICKINSON BAYOU WATERSHED STUDY REGARDING THE INCREASE IN AREA FOR FLOOD PLAIN WHICH WILL HAVE A SEVERE IMPACT ON UNDEVELOPED LAND . MR . NEAL RANCOR FROM SUNMEADOW SUBDIVISION THANKED STAFF FOR INSTALLING OUTFALL DITCHES AND PRESENTED A VIDEO TAPE TO SHOW DRASTIC FLOODING AND THE LENGTH OF TIME FOR THE WATER TO DRAIN . MR . RANCOR URGED COUNCIL TO HELD GET CHIGGER CREEK AND THE WINDSONG DITCH CLEANED OUT AND BACK FLOW FLAPS INSTALLED . MR . RANCOR PRESENTED A LIST OF PEOPLE TO WRITE LETTERS TOO REGARDING THE PERMIT FOR CHIGGER CREEK . MS . TINA LEONARD FROM SUNMEADOW SUBDIVISION ALSO URGED COUNCIL TO SUPPORT THE LETTER WRITING EFFORT , STATING THIS IS A COMMUNITY PROBLEM NOT JUST SUNMEADOW SUBDIVISION PROBLEM. COUNCILMEMBER FRANKOVICH RECOMMENDED LOOKING AT STRAIGHTENING OUT TWO OUTFALLS TO HELP EXPEDITE FLOWS FROM THE SUBDIVISION AND STATED THE CITY SHOULD BE CONCERNED WITH EXPEDITING DRAINAGE TO ALLEVIATE FLOODING AND CONCERNED WITH IMPACT DOWNSTREAM. MS . JAN JORDAN APPEARED BEFORE COUNCIL TO REQUEST FUNDING IN THE AMOUNT OF $ 1 , 000 FOR BICYCLE COMMITTEE FOR PRINTING AND MAILING QUESTIONNAIRE REGARDING BIKE SAFETY . THE QUESTIONNAIRES WILL ALSO BE AVAILABLE AT A BOOTH AT THE 14TH OF JULY FESTIVITIES AT STEVENSON PARK . PARKS AND RECREATION DIRECTOR , JON BRANSON , PRESENTED THE JULY KITH STEERING COMMITTEE REPORT . MR . BRANSON REPORTED THE COMMITTEE HAS BEEN MEETING SINCE LAST AUGUST WITH TWENTY STRONG COMMITTEE MEMBERS AND REPORTED THEME WILL BE CONTINUING DISCOVERIES .I S . 2 �1 . 145 CITY MANAGER REPORTED ON STATUS OF SOUTH FRIENDSWOOD INTERCEPTOR PROJECT , DISPOSITION OF MASTER PLAN PROPOSALS, "WELCOME TO FRIENDSWOOD" KIT, REPORTED ON CONSTRUCTION OF JOGGING TRAIL DELAYED , SOUTHWESTERN BELL TELEPHONE FRANCHISE ORDINANCE, REPORTED ON LIGHTENING STRIKE THAT EFFECTED A MAJORITY OF ` COMPUTERS AND REPORTED THAT COUNCILMEMBER MEASELES WAS ELECTED VICE-CHAIRMAN OF CLEAR LAKE COUNCIL OF CITIES . **COUNCILMEMBER FRANKOVICH MOVED TO APPROVE THE COMMERCIAL PLAN FOR FOOD LION GROCERY STORE AS SUBMITTED . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO APPROVE COMMERCIAL PLAN FOR HEB PANTRY GROCERY STORE AS SUBMITTED SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE CITY MANAGER ' S RECOMMENDATION FOR PARTICIPATION IN REVIEW AND RENOGOTIATION OF STORER CABLE COMMUNICATIONS FRANCHISE AGREEMENT AND AUTHORIZE ENTERING INTO AN AGREEMENT WITH REED STOWE & COMPANY FOR CABLE CONSULTING SERVICES IN THE AMOUNT OF $4 , 187 . SECONDED BY COUNCILMEMBER STUART. MOTION APPROVED UNANIMOUSLY . MAYOR NEWMAN INTRODUCED MS . BETTY MILLER , RECENTLY APPOINTED SENIOR CITIZENS LIAISON . **COUNCILMEMBER MEASELES MOVED FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED : A ) PAYMENT OF CAPITAL PROJECTSI ) STEVENSON PARK IMPROVEMENTS 2) FM 528 UTILITY RELOCATION 3 ) POLICE DEPARTMENT RENOVATIONS 4 ) WATERLINE RELOCATION - LEISURE LANE 5) NONCAPITAL PROJECT ITEMS B) AWARD BID NO. 92-17 TO BROOKSIDE EQUIPMENT SALES INC . , IN THE AMOUNT OF $8 , 850 FOR ONE UTILITY TRACTOR FOR STREET DEPARTMENT AND C) MINUTES OF MAY 4 & 7 , 1992 WITH CORRECTIONS NOTED . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY. MOTION MADE AND APPROVED FOR ADJOURNMENT AT 8 : 40 PM. . �C��c�J CLs✓ MAYOR VELYN B. NEWMAN ATTEST : DEL RIS ARCHER , CMC CITY SECRETARY 3 :t :t 'i :f " . 143 REGULAR MEETING FRIENDSWOOD CITY COUNCIL JUNE 15 , 1992 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON JUNE 15 , 1992 ATPM AT COUNCIL CHAMBERS , 109 WILLOWICCK , FRIENDSWOODI,SWTEXAS OOD IWITH TY HATHE FOLLOWING PRESENT CONSTITUTING A QUORUM : MAYOR EVELYN NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE ARCHER INVOCATION WAS GIVEN BY COUNCILMEMBER MEL MEASELES . PLEDGE OF ALLEGIANCE WAS LED BY MAYOR NEWMAN. MAYOR NEWMAN ANNOUNCED THE 4TH OF JULY FESTIVITIES FOR FRIENDSWOOD WERE REPORTED IN THIS MONTHS PARENTS MAGAZINE , REPORTED WATER USAGE FOR MAY IS 92 , 773 MILLION , UP FROM 77 MILLION FROM LAST MONTH, COMMENDED WATER DEPARTMENT FOR THE NUMBER OF WATER METERS THAT HAVE BEEN CHANGED OUT , REPORTED ON RECEIVING A COPY OF THE HARRIS COUNTY APPRAISAL DISTRICT BUDGET, REPORTED IMPACT FEES COLLECTED IS UP AND REPORTED ON A MEETING HELD LAST WEEK WITH STAFF FROM THE WATER DEPARTMENT , PUBLIC WORKS AND PLANNING DEPARTMENT REGARDING WATER CONSERVATION . COUNCILMEMBER HAJECATE COMMENDED MEMBERS OF THE POLICE DEPARTMENT FOR THEIR PARTICIPATION IN THE "CODE THREE BAND" THAT WAS FORMED TO SUPPORT THE DARE PROGRAM AND STATED SHE WOULD LIKE TO SEE THE BAND BRANCH OUT. COUNCILMEMBER MEASLES REPORTED THE BICYCLE ADVISORY COMMITTEE MEETING MET LAST MONTH , LOOKING AT STREETS BEING RESURFACED FOR BIKING LANES , REPORTED A SURVEY WILL BE SENT OUT REGARDING CREATING A BICYCLE SAFE COMMUNITY , REPORTED ON C . C .D .D . MEETING HELD LAST WEEK WITH CITIZENS FROM SUNMEADOW SUBDIVISION REGARDING FLOODING AND REQUESTED COUNCIL SUPPORT C . C . D .D . PERMIT REQUEST FOR CHIGGER CREEK PROJECT FROM CORP OF ENGINEERS . COUNCILMEMBER MANISON REPORTED ON A MEETING AT GALVESTON/HARRIS SUBSIDENCE DISTRICT REGARDING WATER CONSERVATION AND SUGGESTED 1 :t 144 THE CITY LOOK AT EXISTING FACILITIES FOR SOLUTION FOR NEW CITY HALL/COMMUNITY CENTER . COUNCILMEMBER STUART REPORTED ON ATTENDING CLEAR CREEK REGIONAL DRAINAGE MEETING WITH DANNENBAUM ENGINEERING PRESENTING A STATUS + REPORT AN D REPORTED ON ATTENDING A G . C.M. & C . MEETING REGARDING ELECTION OF BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT. i COUNCILMEMBER RALEY ASKED IF THE TRAFFIC LIGHT AT CASTLEWOOD WAS "ON DEMAND" , CITY MANAGER ADVISED IT IS BUT IS NOT WORKING AT THIS TIME . COUNCILMEMBER RALEY ASKED THE CITY MANAGER TO LOOK INTO REFLECTIVE STREET SIGNS , ASKED COUNCIL TO GO ON RECORD IN SUPPORT OF GALVESTON ' S ALCOHOL FREE BEACH AND COUNCIL CONCURRED AND REQUESTED A RESOLUTION BE PREPARED TO BE CONSIDERATION AT THE NEXT MEETING . COUNCILMEMBER FRANKOVICH REPORTED HE MISSED THE LAST MEETING DUE TO SEVERE FLOODING IN SUNMEADOW SUBDIVISION AND STATED HE HAS SOME CONCERNS REGARDING NEW OUTFALL PUT IN THE SUN COURT AREA AND WOULD LIKE TO SEE SOME BACK FLOW FLAPS INSTALLED TO HANDLE PEAK FLOW AND EXPRESSED CONCERN WITH THE DICKINSON BAYOU WATERSHED STUDY REGARDING THE INCREASE IN AREA FOR FLOOD PLAIN WHICH WILL HAVE A SEVERE IMPACT ON UNDEVELOPED LAND . MR . NEAL RANCOR FROM SUNMEADOW SUBDIVISION THANKED STAFF FOR INSTALLING OUTFALL DITCHES AND PRESENTED A VIDEO TAPE TO SHOW DRASTIC FLOODING AND THE LENGTH OF TIME FOR THE WATER TO DRAIN . MR . RANCOR URGED COUNCIL TO HELD GET CHIGGER CREEK AND THE WINDSONG DITCH CLEANED OUT AND BACK FLOW FLAPS INSTALLED . MR . RANCOR PRESENTED A LIST OF PEOPLE TO WRITE LETTERS T00 REGARDING THE PERMIT FOR CHIGGER CREEK . MS . TINA LEONARD FROM SUNMEADOW SUBDIVISION ALSO URGED COUNCIL TO SUPPORT THE LETTER WRITING EFFORT, STATING THIS IS A COMMUNITY PROBLEM NOT JUST SUNMEADOW SUBDIVISION PROBLEM. COUNCILMEMBER FRANKOVICH RECOMMENDED LOOKING AT STRAIGHTENING OUT TWO OUTFALLS TO HELP EXPEDITE FLOWS FROM THE SUBDIVISION AND STATED THE CITY SHOULD BE CONCERNED WITH EXPEDITING DRAINAGE TO ALLEVIATE FLOODING AND CONCERNED WITH IMPACT DOWNSTREAM. MS. JAN JORDAN APPEARED BEFORE COUNCIL TO REQUEST FUNDING IN THE AMOUNT OF $1 , 000 FOR BICYCLE COMMITTEE FOR PRINTING AND MAILING QUESTIONNAIRE REGARDING BIKE SAFETY . THE QUESTIONNAIRES WILL ALSO BE AVAILABLE AT A BOOTH AT THE 4TH OF JULY FESTIVITIES AT STEVENSON PARK . PARKS AND RECREATION DIRECTOR , JON BRANSON, PRESENTED THE JULY 4TH STEERING COMMITTEE REPORT. MR . BRANSON REPORTED THE COMMITTEE HAS BEEN MEETING SINCE LAST AUGUST WITH TWENTY STRONG COMMITTEE MEMBERS AND REPORTED THEME WILL BE CONTINUING DISCOVERIES. 2 h :3 145 CITY MANAGER REPORTED ON STATUS OF SOUTH FRIENDSWOOD INTERCEPTOR PROJECT , DISPOSITION OF MASTER PLAN PROPOSALS , "WELCOME TO FRIENDSWOOD" KIT , REPORTED ON CONSTRUCTION OF JOGGING TRAIL DELAYED , SOUTHWESTERN BELL TELEPHONE FRANCHISE ORDINANCE , REPORTED ON LIGHTENING STRIKE THAT EFFECTED A MAJORITY OF COMPUTERS AND REPORTED THAT COUNCILMEMBER MEASELES WAS ELECTED VICE-CHAIRMAN OF CLEAR LAKE COUNCIL OF CITIES . **COUNCILMEMBER FRANKOVICH MOVED TO APPROVE THE COMMERCIAL PLAN FOR FOOD LION GROCERY STORE AS SUBMITTED . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO APPROVE COMMERCIAL PLAN FOR HEB t PANTRY GROCERY STORE AS SUBMITTED SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE CITY MANAGER ' S RECOMMENDATION FOR PARTICIPATION IN REVIEW AND RENOGOTIATION OF STORER CABLE COMMUNICATIONS FRANCHISE AGREEMENT AND AUTHORIZE ENTERING INTO AN AGREEMENT WITH REED STOWE & COMPANY FOR CABLE CONSULTING SERVICES IN THE AMOUNT OF $4 , 187 . SECONDED BY COUNCILMEMBER STUART. MOTION APPROVED UNANIMOUSLY . MAYOR NEWMAN INTRODUCED MS . BETTY MILLER , RECENTLY APPOINTED SENIOR CITIZENS LIAISON . **COUNCILMEMBER MEASELES MOVED FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED : A ) PAYMENT OF CAPITAL PROJECTSI ) STEVENSON PARK IMPROVEMENTS 2 ) FM 528 UTILITY RELOCATION 3) POLICE DEPARTMENT RENOVATIONS 4 ) WATERLINE RELOCATION - LEISURE LANE 5) NONCAPITAL PROJECT ITEMS B) AWARD BID NO. 92- 17 TO BROOKSIDE EQUIPMENT SALES INC . , IN THE AMOUNT OF $8 , 850 FOR ONE UTILITY TRACTOR FOR STREET DEPARTMENT AND C) MINUTES OF MAY 4 & 7 , 1992 WITH CORRECTIONS NOTED . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY. MOTION MADE AND APPROVED FOR ADJOURNMENT AT 8 : 40 PM. . ATTEST : MAYOR 9VELYN B. NEWMAN DEL RIS ARCHER , CMC CITY SECRETARY 3 :i :t :f 205 REGULAR MEETING FRIENDSWOOD CITY COUNCIL NOVEMBER 16 , 1992 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON NOVEMBER 16 , 1992 AT 7 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS, 109 WILLOWICK , FRIENDSWOOD , TEXAS , WITH THE FOLLOWING PRESENT, CONSTITUTING A QUORUM: MAYOR EVELYN B. NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE INVOCATION WAS GIVEN BY COACH HARRIS . PLEDGE OF ALLEGIANCE WAS LED BY COACH HARRIS MAYOR NEWMAN PROCLAIMED TUESDAY , NOVEMBER 17 , 1992 AS "NATIONAL COMMUNITY EDUCATION DAY IN THE CITY OF FRIENDSWOOD" , SATURDAY , NOVEMBER 21 , 1992 AS "CHRISTIAN HELPING HANDS FOOD DRIVE DAY" AND WEEK OF NOVEMBER 22 TO 29 , 1992 AS "NATIONAL BIBLE WEEK" . MAYOR NEWMAN ANNOUNCED THERE WERE NUMEROUS CHRISTMAS FESTIVITIES PLANNED AND REMINDED EVERYONE OF THE GARDENERS HOME CHRISTMAS TOURS . COUNCILMEMBER HAJECATE ANNOUNCED THE F. I . S. D . GIRLS VOLLEYBALL TEAM IS GOING TO STATE AND WISHED THEM LUCK . COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE C . C .D . D . MEETING , THE C . L . C . OF C . MEETING AND THE BICYCLE ADVISORY COMMITTEE MEETING . COUNCILMEMBER MANISON REPORTED HE ATTEND THE GALVESTON ESTUARY COMMITTEE MEETING LAST WEEK . 1 206 COUNCILMEMBER STUART REPORTED ON THE CLEAR CREEK REGIONAL FLOOD CONTROL COMMITTEE , REPORTED ON ATTENDING THE H. G . A . C . HOME RULE REGIONAL MEETING AND REPORTED HE WAS ELECTION AS ALTERNATE TO MAYOR VETA WINNICK AND COUNCILMEMBER MANISON WAS ELECTED TO THE SOLID CONSERVATION COMMITTEE, REPORTED ON OIL WASTE RECYCLING AND REMINDED EVERYONE OF THE RUN OFF FOR THE CONSTABLE RACE . COUNCILMEMBER RALEY REPORTED ON INFORMATION HE HAS REVIEWED ON TWO NATIONAL ORGANIZATIONS , APPAC AND SIECUS , THAT ARE PUSHING FOR SEX EDUCATION IN PUBLIC SCHOOLS FOR AGE GROUPS FROM 5 TO 12 YEARS OLD AND WOULD ASK COUNCIL TO CONSIDER ADOPTING A RESOLUTION TO OPPOSE THIS PROPOSAL . MR . JESS WILLIAMS , OWNER OF BROWN HOUSE BED AND BREAKFAST APPEARED BEFORE COUNCIL TO PRESENT INFORMATION ON HISTORY OF THE BROWN HOUSE AND THE BED AND BREAKFAST PROJECT . MR . SMITH , MR . HENRY TOWNE , MS . JACKLYN ELLEN , MR . BEN WELL AND MS . COOKIE LANGDOC APPEARED BEFORE COUNCIL TO EXPRESS THEIR OPPOSITION' TO THE REZONING REQUEST FOR 2 . 9902 ACRES OF LAND LOCATED ON THE CORNER OF FM 2351 AND MELODY LANE . MR . PAUL DIEPHOUSE APPEARED BEFORE COUNCIL TO REQUEST COUNCIL VOTE IN SUPPORT OF THE REZONING REQUEST FOR THE 2. 9902 ACRES ON FM 2351 AND MELODY LANE . MR . WESLEY PATTERSON , REPRESENTING THE HOMEOWNERS ON CHARLESTON , SUBMITTED A LETTER OUTLINING SPECIFIC CONCERNING OF THE PROPERTY OWNERS IN REGARDS TO THE SPECIFIC USE REQUEST FOR MINI GOLF ON WINDING WAY . MS . KATHY ROGERS, MR . TOM SULLIVAN, MR . OREN CARELOCK , AND MR . WAYNE LEFT APPEARED IN OPPOSITION TO THE REQUEST FOR SPECIFIC USE REQUEST FOR MINI GOLF ON WINDING WAY. CITY MANAGER REPORTED ON CLEAR CREEK REGIONAL FLOOD CONTROL PLAN , 1990 CLEAN AIR ACT AMENDMENTS , 192- 193 CAPITAL PROJECTS , PARKS , RECREATION AND OPEN SPACE MASTER PLAN UPDATE , MASTER DRAINAGE PLAN UPDATE , SCHEDULING FOR LIBRARY RENOVATIONS , MEETING WITH AREA CITY MANAGERS , STATUS OF SIDEWALK CONSTRUCTION AND REPORT OF CHANGE ORDER #1 AND STATUS OF STREET OVERLAY WORK. CITY MANAGER ADVISED J . T . DUNCAN CONSULTANTS WILL PRESENT THE PARKS MASTER PLAN , REPORTED THE SOUTHWESTERN BELL FRANCHISE ISSUE WAS IN A RECENT GALVESTON NEWSPAPER AND ADVISED COUNCIL TO BE AWARE OF SEVERAL LAWSUITS THAT HAVE BEEN FILED AND REPORTED THE SIDEWALKS ARE APPROXIMATELY 50% COMPLETED AND THE OVERLAY PROJECTS ARE MOVING FORWARD . COUNCILMEMBER STUART REPORTED THE REVENUE FROM WATER AND SEWER IS APPROXIMATELY THREE TIMES LARGER THAN LAST YEAR AND THE THE IMPACT FEES AND BUILDING PERMITS ARE ONLY UP ONE AND ONE HALF TIMES AND REQUESTED CITY MANAGER TO LOOK INTO THIS DIFFERENCE . COUNCILMEMBER STUART STATED THE STAFF WILL SELECT THE PRIORITY STREETS FOR THE STREET PROGRAM AND WILL REPORT TO COUNCIL THEIR SELECTIONS . 2 207 COUNCILMEMBER MEASELES STATED THE BIKE COMMITTEE WOULD LIKE SOME INPUT ON THE PARKS AND RECREATION OPEN SPACE PLAN WITH CITY MANAGER RECOMMENDING THE COMMITTEE ATTEND THE PARKS AND RECREATION MEETING . COUNCILMEMBER FRANKOVICH REQUESTED TO REVIEW THE RFPIS ON THE LIBRARY WITH CITY MANAGER ADVISING THEY ARE NOT READY AT THIS TIME BUT WILL BE PROVIDED TO COUNCIL FOR REVIEW . COUNCILMEMBER FRANKOVICH ASKED IF THERE WILL BE OTHER MEETINGS REGARDING THE PARKS MASTER PLAN WITH CITY MANAGER ADVISING THERE WILL BE A SERIES OF MEETINGS HELD . ACTION WAS TABLED UNTIL DECEMBER 14 , ON THE APPEALS FROM THE DECISION OF THE DIRECTOR OF WRECKER SERVICES FOR WRECKER PERMIT FOR PETE MORENO , HP AUTO WRECKER AND RANDY MCCULLOUGH , RANDEEIS WRECKER SERVICE . **COUNCILMEMBER MEASELES MOVED TO APPROVE PLANNING AND ZONING COMMISSION ' S RECOMMENDATION TO REZONE 2 . 9902 ACRES OF LAND GENERALLY - LOCATED NORTHEAST OF THE CORNER OF FM 2351 AND MELODY LANE FROM SINGLE FAMILY RESIDENCE TO COMMUNITY SHOPPING CENTER . SECONDED BY COUNCILMEMBER FRANKOVICH. MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER FRANKOVICH MOVED TO APPROVE RECOMMENDATIONS 'FROM FOURTH OF JULY STEERING COMMITTEE FOR ADOPTION OF GUIDELINES FOR CORPORATE SPONSORS. SECONDED BY COUNCILMEMBER HAJECATE. MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE RECOMMENDATIONS FROM FOURTH OF JULY STEERING COMMITTEE FOR ADOPTION OF REVISED BYLAWS . SECONDED BY COUNCILMEMBER HAJECATE. MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED FOR ADOPTION OF MONDAY JULY 5TH FOR OBSERVANCE OF INDEPENDENCE DAY CELEBRATION - 1993 . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER FRANKOVICH MOVED TO APPROVE ORDINANCE NO . T92-20 , SECOND READING OF ORDINANCE GRANTING A SPECIFIC USE PERMIT, AUTHORIZING THE USE OF A 1 . 040 ACRE TRACT OF LAND LOCATED OUT OF THE J . R . WILLIAMS LEAGUE LOCATED AT 1410 EAST WINDING WAY IN THE CITY OF FRIENDSWOOD , TEXAS CHANGING THE ZONING CLASSIFICATION FROM COMMUNITY SHOPPING CENTER DISTRICT TO SPECIFIC USE - MINI GOLF ; APPROVING SITE PLAN ATTACHED HERETO , DESCRIBING SAID 1 . 040 ACRE TRACT OF LAND ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT WITH TWO AMENDMENTS FOR LANDSCAPING ACROSS THE FRONT OF THE PROPERTY AND FOR CLOSING TO BE AT 10 : 00 PM DURING REGULAR SCHOOL TERM. SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY **COUNCILMEMBER STUART MOVED TO APPROVE ORDINANCE N0. SECOND AN T92-21 , D FINAL READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF SUBSECTION A OF SECTION 8-6 OF ARTICLE I OF CHAPTER 8 AND SUBSTITUTING THEREFOR A NEW 3 208 SUBSECTION A ; PROVIDING RATES FOR THE COLLECTION AND DISPOSAL OF GARBAGE , TRASH , AND REFUSE WITHIN THE CITY ; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT ; AND PROVIDING AN EFFECTIVE DATE WITH AMENDMENT TO REVERSE THIS AND FOR AND ADDING SECTION 3 , PROVIDING FOR A EMERGENCY CLAUSE . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINANCE NO . T92-22 , SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD , TEXAS , BY STRIKING THEREFROM ALL OF ARTICLE II OF CHAPTER 8 THEREOF AND SUBSTITUTING THEREFOR A NEW ARTICLE II OF CHAPTER 8 ; PROVIDING THAT THE PRESENCE OF JUNK VEHICLES CONSTITUTES A NUISANCE AND PROVIDING FOR THE ABATEMENT THEREOF ; PROVIDING FOR NOTICE TO THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF REMOVAL OF A JUNK VEHICLE ; PROVIDING EXCEPTIONS ; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS ( $200 . 00) ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE ORDINANCE NO . T92-24 , APPROVING PLANNING AND ZONING RECOMMENDATION AND FIRST READING OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT , AUTHORIZING THE USE OF LOT 4 AND LOT 5 OF BLOCK OF THE HARVEY AND STOUT SUBDIVISION LOCATED AT 312 S . FRIENDSWOOD DRIVE IN THE CITY OF FRIENDSWOOD , TEXAS FOR SPECIFIC USE-BED AND BREAKFAST ; DESCRIBING SAID PROPERTY ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE NO . T92-25 , APPROVING PLANNING AND ZONING RECOMMENDATION AND FIRST READING OF AN ORDINANCE APPROVING ZONING CHANGE REQUEST FOR A 10 . 2895 TRACT OF LAND OUT OF RESERVE "A" OF PARKWAY SUBDIVISION IN THE SARAH MCKISSICK LEAGUE , ABSTRACT 151 , OFF OF FM 528 AND WINDING WAY , GALVESTON COUNTY , TEXAS FROM MULTIPLE FAMILY RESIDENTIAL DWELLING DISTRICT-MEDIUM AND PLANNED UNIT DEVELOPMENT TO MULTIPLE FAMILY RESIDENTIAL-GARDEN HOME DISTRICT ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO . 84- 15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE CONSENT AGENDA AS PRESENTED FOR A ) PAYMENT OF CAPITAL PROJECTS 1 ) WHITTIER OAKS LIFT STATION IMPROVEMENTS 2) 1992 GALVESTON COUNTY/CITY STREET PROGRAM 3 ) FM 518/LEISURE LANE FORCE MAIN 4 ) FRIENDSWOOD LINK/WHISPERING PINES SIDEWALK 5 ) INFILTRATION AND INFLOW 6 ) SOUTH FRIENDSWOOD SEWER IMPROVEMENT PROJECT B ) DISPOSITION QE BIDS 1 ) BID NO . 92-28 , SELF-CONTAINED BREATHING APPARATUS ( FIRE DEPARTMENT) TO LOW BIDDER 2 ) BID NO . 92-29 , HYDRAULIC RESCUE TOOLS , AIR BAGS , AND ACCESSORIES . ( FIRE DEPARTMENT) TO LOW BIDDER 3 ) BID NO . 92-31 , MOVING/STATIONARY DOPPLER RADAR UNITS . ( POLICE DEPARTMENT) TO DECATOR ELECTRONICS , INC . FOR TWO GENESIS-K COMPACT RADAR UNITS FOR POLICE MOTORCYCLES AND TWO FULL SIZE RADAR UNITS FOR POLICE 4 209 VEHICLES FROM CMI/MPH C) APPOIN M IL AND REAPPOINUjFd �Q �Qggp� AU COMMISSIONS • 1 ) PLANNING AND ZONING COMMISSION REAPPOINTMENT OF DON DICKSON TO A THREE YEAR TERM. 2) BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS - REAPPOINTMENT OF PHYLLIS LEE , AT LARGE AND THOMAS RIVES , ARCHITECT FOR FOUR YEAR TERMS . 3) CREATION OF AND APPOINTMENTS TO SENIOR CITIZENS ADVISORY COMMITTEE WITH BETTY MILLER , ANDY KNIGHT, JOE LOCKRIDGE , CAROLYN WRIGHT , MELBA QUINONES , JULIE PENROD GLENN - SPECIAL ADVISOR AND MEL MEASELES P COUNCIL LIAISON D ) REQUEST FROM CROSS TIMBERS OPERATING COMPANY FOR WORKOVER WELL PERMIT FOR SEGELQUIST GAS UNIT , WELL NO . 1 , IN THE S . E . HASTINGS FIELD . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . COUNCIL CONVENED INTO EXECUTIVE SESSION IN ACCORDANCE WITH TEXAS OPEN MEETINGS LAW 6252- 17 , TEXAS VERNON ' S CIVIL STATUES ( f) PURCHASE , EXCHANGE , LEASE OR VALUE OF REAL PROPERTY AND ( g) APPOINTMENT , EMPLOYMENT, EVALUATION , REASSIGNMENT, DUTIES , DISCIPLINE , OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE , OR TO HEAR COMPLAINTS OR CHARGES AGAINST SUCH OFFICER OR EMPLOYEE . ( f) ACQUISITION OF MUNICIPAL PROPERTY ( g) EVALUATION OF CITY MANAGER , RON COX. COUNCIL RE-CONVENED INTO OPEN SESSION WITH THE FOLLOWING ACTION TAKEN . **COUNCILMEMBER MANISON MOVED TO AUTHORIZE PURCHASE OF ATRIUM BUILDING , 416 S . FRIENDSWOOD DRIVE AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS. SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE EVALUATION OF CITY MANAGER , RON COX AND TO INCREASE HIS ANNUAL SALARY TO $70 , 700 . 00 . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . MOTION MADE AND APPROVED TO ADJOURN AT 10 : 10 PM. MAYOR E ATTEST : LYN B . NEWMAN DELORIS MCKEAZIEo CMC CITY SECRETARY 5 Agenda STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON JUNE 7 , 1993 AT 7 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS, 109 WILLOWICK, FRIENDSWOOD , TEXAS , REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: AGENDA 1 . CALL TO ORDER . 2. INVOCATION - REVEREND DON MEADOR , FRIENDSWOOD FRIENDS CHURCH 3 . PLEDGE OF ALLEGIANCE. 4 . *COMMUNICATIONS FROM THE MAYOR . PROCLAMATIONS A) MONDAY , JUNE 14 AS "FLAG DAY" B) JUNE AS "SCLERODERMA AWARENESS MONTH 5 . ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS 6 . COMMUNICATIONS FROM PUBLIC AND COMMITTEES. 7 . *CITY MANAGER ' S REPORT. 8 . *CONSIDERATION AND POSSIBLE ACTION REGARDING ACCEPTANCE OF GRANT FROM HOUSTON ENDOWMENT INC. FOR RENOVATIONS FOR THE LIBRARY PROJECT AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. 9 . *CONSIDERATION AND POSSIBLE ACTION REGARDING ADOPTION OF FIVE- YEAR SIDEWALK POLICY. 10. *CONSIDERATION AND POSSIBLE ACTION REGARDING CONTRACT FOR ARCHITECTURAL SERVICES AND ENGINEERING FEES FOR LAKE FRIENDSWOOD PROJECT. 11 . *CONSIDERATION AND POSSIBLE ACTION REGARDING DISPOSITION OF BID FOR SALE OF 38 . 886 ACRES OF LAND FOR DELINQUENT TAXES. 12 . *ORDINA CES A) ORDINANCE NO. 93-8 , SECOND AND FINAL READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD , TEXAS , ORDINANCE NO. 84-15 , AS AMENDED , ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER , 1984 , AND BEING THE ZONING ORDINANCE OF THE CITY , BY STRIKING ALL OF SUBPARAGRAPH b OF PARAGRAPH 3 OF 1 SUBSECTION 0 OF SECTION 7 AND SUBSTITUTING THEREFOR A NEW SUBPARAGRAPH b ; PROVIDING THAT A BUILDING OR STRUCTURE IN ANY ZONING DISTRICT MAY EXCEED THE MAXIMUM HEIGHT ESTABLISHED FOR SUCH DISTRICT IF THE BUILDING OR STRUCTURE WILL FIT UNDER AN IMAGINARY LINE THAT IS 63 . 5 DEGREES , WITH THE HORIZONTAL , AT THE OUTER EDGE OF THE YARD ; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $1 , 000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY B) ORDINANCE NO . T93-9 , SECOND AND FINAL READING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR A 6 . 906 ACRE TRACT OF LAND LOCATED AT THE 500 BLOCK OF E . FM 528 , FRIENDSWOOD , TEXAS , GALVESTON COUNTY , TEXAS , FROM MULTIPLE FAMILY RESIDENTIAL-MEDIUM (MFR-M) TO MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY- GARDEN HOME DISTRICT (MFR-M-GHD ) AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO . 84- 15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT ; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY . B) ORDINANCE NO . T93-9 , SECOND AND FINAL READING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION] REGARDING THE ZONING CHANGE REQUEST FOR A 6 . 906 ACRE TRACT OF LAND LOCATED AT THE 500 BLOCK OF E . FM 528 , FRIENDSWOOD , TEXAS , GALVESTON COUNTY , TEXAS , FROM MULTIPLE FAMILY RESIDENTIAL-MEDIUM (MFR-M) TO MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY-GARDEN HOME DISTRICT (MFR-M-GHD ) AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO . 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT ; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY . C ) ORDINANCE NO . T93- 10 , SECOND AND FINAL READING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR A 16 . 2 ACRE TRACT OF LAND LOCATED AT THE 500 BLOCK OF E . FM 528 , FRIENDSWOOD , GALVESTON COUNTY , TEXAS , FROM MULTIPLE FAMILY RESIDENTIAL-MEDIUM ( MFR-M) TO SINGLE FAMILY RESIDENCE ( SFR ) AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO . 84- 15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT ; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY . D ) ORDINANCE NO . T93- 11 , SECOND AND FINAL READING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR A 3 . 107 ACRE TRACT OF LAND LOCATED AT THE 400 BLOCK OF E . FM 528 , BEING A PART OF RESERVE H OF PARKWAY SUBDIVISION , FRIENDSWOOD , GALVESTON COUNTY , TEXAS , FROM NEIGHBORHOOD CENTER (NC ) TO MULTIPLE FAMILY RESIDENTIAL - GARDEN HOME DISTRICT ( MFR-GHD ) AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO . 84- 15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT ; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY . 2 13 . *CONSIDERATIONA AND POSSIBLE ACTION REGARDING APPROVAL OF THE LQNSENI AGENDA AS PRESENTED : A) PlAYMEN.T QE CAPITAL PBQ, SSA 1 . 1992 COUNTY STREET IMPROVEMENT PROGRAM 2 . STEVENSON PARK IMPROVEMENTS 3 . LINSON LANE WATER AND SEWER LINES 4 . MASTER DRAINAGE PLAN , PHASE I 5 . DEEPWOOD LIFT STATION ENGINEERING STUDY 6 . SFI LIFT STATION AND TRUNK LINES B) SUSPENSION OF HIRING POLICY . C ) ACCEPTANCE OF KEYSTONE MEADOWS II SUBDIVISION FOR CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD . D ) ACCEPTANCE OF SIDEWALK PROJECT ON FM 518 FROM SHADWELL LANE TO EAST SPREADING OAKS FOR THE CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD . E) APPOINTMENT TO COMMUNITY APPEARANCE BOARD . F ) MINUTES 14 . ADJOURNMENT . I , DELORIS MCKENZIE , CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART . 6252-17 , SECTION 3A , ON JUNE 4 , 1993 . 42�L_ -�p- - DELORIS MCKEN IE , CMC CITY SECRETARY 3 STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON JUNE 21 , 1993 AT 6 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW : AGENDA 6 : 00 P . M. 1 . CALL TO ORDER . 2 . *EXECUTIVE SESSION TEXAS OPEN MEETINGS LAW 6252-17 , TEXAS VERNON ' S CIVIL STATUTES ( g) APPOINTMENT , EMPLOYMENT , EVALUATION , REASSIGNEMNT , DUTIES , DISCIPLINE , OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE , OR TO HEAR COMPLAINTS OR CHARGES AGAINST SUCH OFFICER OR EMPLOYEE . A ) PERSONNEL MATTERS REGARDING POLICE DEPARTMENT 7 : 00 P .M. 3 . INVOCATION - MR . SAM NASSIFF , FIRST BAPTIST CHURCH OF FRIENDSWOOD 4 . PLEDGE OF ALLEGIANCE . 5 . *COMMUNICATIONS FROM THE MAYOR . PROCLAMATIONS A) JUNE 1 - NOVEMBER 30 , 1993 AS "GULF HURRICANE SEASON" 6 . ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS 7 . *COMMUNICATIONS FROM PUBLIC AND COMMITTEES. A ) REPORT FROM FOURTH OF JULY COMMITTEE 8 . *CITY MANAGER ' S REPORT. 9 . *CONSIDERATION AND POSSIBLE ACTION REGARDING PRESENTATION AND ACCEPTANCE OF REPORT FROM HALL & MERRIMAN ARCHITECTS AND AUTHORIZATION TO PROCEED WITH PLANS AND SPECIFICATIONS FOR RENOVATIONS TO ATRIUM BUILDING FOR LIBRARY . 10 . *CONSIDERATION AND POSSIBLE ACTION REGARDING RECOMMENDATIONS FROM PLANNING AND ZONING COMMISSION TO DENY REQUESTS TO REZONE THREE PARCELS OF LAND : A) 0 . 3857 ACRE TRACT OF LAND LOCATED AT 402 E . EDGEWOOD FROM SFR TO CSC . B) 2 . 60 ACRES OF LAND LOCATED AT 408 E EDGEWOOD FROM SFR . TO CSC . 1 s C ) 1 . 53 ACRES OF LAND LOCATED ON THE CORNER OF EAST EDGEWOOD ( FM 2351 ) AND MELODY LANE FROM SFR TO CSC . 11 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF AN AGREEMENT WITH WALSH ENGINEERING TO PERFORM ENGINEERING SERVICES FOR THE RELOCATION OF THE 16—INCH WATERLINE ON FM 2351 . 12 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF AN AGREEMENT WITH JNS CONSULTING ENGINEERS , INC . FOR OVER SIZING THE STORM SEWER ON SEDORA IN CONJUNCTION WITH FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT CONSTRUCTION PROJECT . 13 . *CONSIDERATION AND POSSIBLE ACTION REGARDING ADOPTION OF EQUAL EMPLOYMENT OPPORTUNITY/SEXUAL HARASSMENT POLICY . 14 . *RESOLUTIONS CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING : A ) RESOLUTION NO . R93-26 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES , ENDORSING THE FRIENDSWOOD ECONOMIC DEVELOPMENT COUNCIL AS THE BODY RESPONSIBLE FOR ECONOMIC DEVELOPMENT IN THE CITY OF FRIENDSWOOD . 15 . *CONSIDERATIONA AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONSENT AGENDA AS PRESENTED : A ) PAYMENT OF CAPITAL PROJECTS 1 ) 1992 COUNTY STREET IMPROVEMENT PROGRAM 2) STEVENSON PARK IMPROVEMENTS 3 ) LINSON LANE WATER AND SEWER LINES 4 ) SUNSET BRIDGE EMBANKMENT 5) SOUTH FRIENDSWOOD INTERCEPTOR 6 ) FIRE STATION #1 ROOF REPAIR 7 ) UPDATE 1988 WATER AND SEWER IMPACT FEE STUDY 8 ) RANCHO VIEJO SECTION I WATERLINE B) DISPOSITION 0.F BID NO . 93-9 , STREET PROJECT VIII- 1993 . C ) MINUTES 16 . ADJOURNMENT . I , DELORIS MCKENZIE , CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART . 6252-17 , SECTION 3A , ON JUNE 18 , 1993 . 1 DELORIS MCKEN IE , MC CITY SECRETARY 2 I C 1 A 9 nda STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON JULY 26 , 1993 AT 6 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW : AGENDA 6 . 00 P . M. 1 . CALL TO ORDER . 2 . * EXECUTIVE SESSION TEXAS OPEN MEETINGS LAW 6252- 17 , TEXAS VERNON ' S CIVIL STATUTES ( e ) SEEKING ATTORNEY ' S ADVICE WITH RESPECT TO PENDING OR CONTEMPLATED LITIGATION OR SETTLEMENT OFFERS ( f) PURCHASE , EXCHANGE , LEASE , OR VALUE OF REAL PROPERTY . A) TEXAS NEW MEXICO RATE CASE AND POSSIBLE H . L . & P . CASE B) SPORTS COMPLEX 7 : 00 P_M. 3 • INVOCATION - PASTOR MARK DENISON , BAYBROOK BAPTIST CHURCH . U . PLEDGE OF ALLEGIANCE . 5 . * *****SPECIAL RECOGNITION***** *PRESENTATION OF FIVE STAR SPIRIT AWARD* 6 . COMMUNICATIONS FROM THE MAYOR . 7 . ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS 8 . * COMMUNICATIONS FROM PUBLIC AND COMMITTEES . A ) PHYLLIS LEE , CO-CHAIRMAN REPORT FROM CENTENNIAL ANNIVERSARY COMMITTEE 9 • *CITY MANAGER ' S REPORT . 10 . *CONSIDERATION AND POSSIBLE ACTION REGARDING BID FOR CITY ' S PORTION OF JOINT FISD/CITY DRAINAGE PROJECT ON SEDORA AT WESTWOOD ELEMENTARY . 1 I � 11 . *CONSIDERATION AND POSSIBLE ACTION APPROVING RENEWAL OF SPECIFIC USE PERMITS FOR THE FOLLOWING: A) VICTORY BAPTIST CHURCH , 1 . 585 ACRES ON FM 518 AT COWARD ' S CREEK FROM MFR-L TO SP-CHURCH. B) NURSING HOME , 4 . 566 ACRES ON WEST PARKWOOD AT SUNSET FROM CSC TO SP-NURSING HOME . 12 . *CONSIDERATION AND POSSIBLE ACTION REGARDING EXECUTION OF CONTRACT WITH HALL/MERRIMAN ARCHITECTS FOR THE DESIGN DEVELOPMENT PHASE OF THE LIBRARY RENOVATION PROJECT. 13 . *RESOLUTIONS CONSIDERATION AND POSSIBLE ACTION REGARDING: A) RESOLUTION NO . R93-29 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES ENDORSING THE SHARED USE OF THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM ( A . F. I .S. ) BY MEMBERS OF THE CLEAR LAKE AREA COUNCIL OF CITIES . B) RESOLUTION NO. R93-30 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON / HARRIS COUNTIES ESTABLISHING A POLICY FOR THE PLACEMENT OF RESIDENTIAL SUBDIVISION IDENTIFICATION SIGNS WITHIN PUBLIC RIGHTS-OF-WAY. C) RESOLUTION NO. R93-31 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES ADOPTING PROCEDURES AND ESTABLISHING CRITERIA TO BE USED WHEN CONSIDERING REQUESTS FOR EXTENSIONS OF SPECIFIC PE IFIC USE PERMITS FOR WHICH NO SUBSTANTIAL CONSTRUCTION OR USE IS UNDERWAY PRIOR TO EXPIRATION OF THE TWO-YEAR INITIAL TERM. 14 . ORDINANCES A) ORDINANCE NO. 93-13 , FIRST READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD , TEXAS , ORDINANCE NO. 84-15 , AS AMENDED , ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER 1984 , AND BEING THE ZONING ORDINANCE OF THE CITY, BY STRIKING THE FIRST SENTENCE OF PARAGRAPH 7 OF SUBSECTION G OF SECTION 9 THEREOF AND SUBSTITUTING THEREFOR A NEW FIRST SENTENCE OF SAID PARAGRAPH 7 ; PROVIDING THAT CITY COUNCIL MAY EXTEND THE INITIAL TWO YEAR TERM OF A SPECIFIC USE PERMIT IF REQUESTED BY AN APPLICABLE PROPERTY OWNER PRIOR TO THE EXPIRATION OF SUCH TWO-YEAR TERM; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. 15 . #CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONSENT AGENDA AS PRESENTED : A) PAYMENT OF CAPITAL PROJECTS 1 ) 1992 COUNTY STREET IMPROVEMENT PROGRAM 2) RENOVATION OF ATRIUM BUILDING FOR LIBRARY 3) MASTER DRAINAGE PLAN , PHASE 1 4 ) SOUTH FRIENDSWOOD SPORTS COMPLEX 5) 1993 COUNTY STREET IMPROVEMENT PROGRAM 6 ) FM 2351 WATERLINE-GALVESTON COUNTY B) DISPOSITION OF BID NO . 93-12 , AS/400 DASD AND MEMORY. C) AMEND HEALTH DISTRICT AGREEMENT. 2 D ) APPROVE PERMIT FOR STREET BANNER FOR HOPE LUTHERAN CHURCH . E ) MINUTES . 16 . ADJOURNMENT. I , DELORIS MCKENZIE , CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART. 6252-17 , SECTION 3A , ON JULY 23 , 1993 • zj4ne'- DELORIS MCKEN IE , CMC CITY SECRETARY 3 r STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON JANUARY 4 , 1993 AT 7 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW : AGENDA 1 . CALL TO ORDER . 2 . INVOCATION - FATHER TOM HUHN , MARY QUEEN CATHOLIC CHURCH . 3 . PLEDGE OF ALLEGIANCE . 4 . ANNOUNCEMENTS AND COMMUNICATIONS FROM THE MAYOR . *A) PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION CERTIFICATE OF ACHIEVEMENT IN EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR ENDED SEPTEMBER 30 , 1991 . 5 . ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS . 6 . COMMUNICATIONS FROM THE PUBLIC AND COMMITTEES . A ) REPRESENTATIVE MIKE MARTIN - TO DISCUSS LEGISLATIVE ISSUES B) ABRAMS PROJECT MANAGER JOHN REMPE - REPORT ON CONSTRUCTION OF FM 528 & FM 2351 7 . *CITY MANAGER REPORT . 8 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPEALS OF DECISION OF DIRECTOR OF WRECKER SERVICES FOR WRECKER PERMIT FOR THE FOLLOWING : A ) MR . PETE MORENO , HP AUTO WRECKER 9 . *CONSIDERATION AND POSSIBLE ACTION AUTHORIZING INTERVENTION IN SOUTHWESTERN BELL - SUNMEADOW SERVICE AREA CASE . 10 . *RESOLUTI09S A) RESOLUTION R93- 1 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS ESTABLISHING MISSION STATEMENT AND GOALS AND OBJECTIVES FOR THE CITY FOR 1992/ 1993 . B) RESOLUTION Rg�-2 , A RESOLUTION EXPRESSING SUPPORT BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , FOR LEGISLATION INCREASING MAXIMUM PENALTIES FOR VIOLATIONS OF PROVISIONS OF THE ALCOHOLIC BEVERAGE CODE RELATING TO SALES OF ALCOHOLIC BEVERAGES TO INTOXICATED PERSONS OR MINORS . 1 11 . *ORDINANCES A) ORDINANCE NO . T92-23 , SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD , TEXAS , AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF CHAPTER 20 AND SUBSTITUTING THEREFOR A NEW CHAPTER 20 ; PROVIDING RULES AND REGULATIONS GOVERNING THE OPERATION OF WRECKERS WITHIN THE CITY ; PROVIDING FOR THE ISSUANCE OF PERMITS ; PROVIDING CERTAIN DEFINITIONS ; PROVIDING FOR OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500 FOR VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY . B) ORDINANCE NO. 93-1 , FIRST READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF SECTIONS 4-1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4 -48 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND SUBSTITUTING THEREFOR NEW SECTIONS 4- 1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4-49 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND BY ADDING TO CHAPTER 4 A NEW ARTICLE VIII ; PROVIDING FOR THE ADOPTION OF THE 1991 EDITIONS OF THE STANDARD BUILDING , MECHANICAL , PLUMBING , GAS , UNSAFE BUILDINGS , AND FIRE PREVENTION CODES ; PROVIDING FOR CERTAIN AMENDMENTS TO SAID CODES ; PROVIDING THAT WOOD SHINGLES OR SHAKES SHALL BE PROHIBITED FOR ALL CONSTRUCTION EXCEPT SINGLE FAMILY RESIDENTIAL , AND THEN ONLY IF TREATED WITH FIRE RETARDANT MATERIALS ; PROHIBITING THE USE OF STAPLES FOR AFFIXING COMPOSITION SHINGLES ; PROVIDING FOR THE APPROVAL OF FOUNDATIONS BY REGISTERED PROFESSIONAL ENGINEERS ; PROVIDING STANDARDS FOR INSTALLATION OF SUBFLOORING OVER JOISTS ; PROVIDING PAVING CONCRETE STANDARDS ; ADOPTING A SCHEDULE OF FEES ; ADOPTING NATIONAL FIRE PROTECTION STANDARDS RELATING TO OPERATION OF AIRCRAFT FACILITIES ; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING A PENALTY OF $1 , 000 FOR EACH DAY OF VIOLATION HEREOF ; PROVIDING FOR SEVERABILITY ; AND PROVIDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE AS OF THE 31ST DAY FOLLOWING ITS ADOPTION . 12 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONSENT AGENDA AS PRESENTED : A) PAYMENT U CAPITAL PROJECIS 1 . CENTRAL SERVICES AREA LIFT STATION AND TRUNK LINES 2 . DRAINAGE MASTER PLAN , PHASE 1 B) DISPOSITION OF BIDS 1 . BID NO . 92-34 : FIRE HYDRANT INVENTORY & COLOR CODING . C) AUTHORIZING EXECUTION OF CONTRACT WITH FRIENDSWOOD CHAMBER OF COMMERCE . D ) APPOINTMENTS TO BOARDS AND COMMISSIOBS 1 . APPOINTMENT OF PAUL MAAZ TO HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT E) AUTHORIZE LETTER OF AGREEMENT WITH WAYNE SMITH AND ASSOCIATES TO PERFORM AN EVALUATION AND ANALYSIS OF 2 DEEPWOOD LIFT STATION . F) AUTHORIZE CONTRACT TO COMMISSION ARTIST LAURIE WHITEHEAD TO CREATE A WATERCOLOR PAINTING TO COMMEMORATE FRIENDSWOOD ' S ONE HUNDREDTH ANNIVERSARY . G) AUTHORIZE REFUND OF BUILDING PERMIT FEES PAID BY WILNAH HAMMERSLEY . H) RATIFY AND CONFIRM SUBMISSION OF $460 , 000 GRAN APPLICATION TO HOUSTON ENDOWMENT FOUNDATION FOR LIBRAR PROJECT. y I ) AUTHORIZE APPLICATION TO TEXAS STATE LIBRARY FOR $200 , 000��{{ FOR LIBRARY PROJECT. � I J) AUTHORIZE LETTER TO GALVESTON COUNTY COMMISSIONER ' S COURT REGARDING OPPOSITION TO RELOCATING GALVESTON COUNTY CENTRAL APPRAISAL DISTRICT OFFICE . K) MINUTES OF NOVEMBER 2 AND NOVEMBER 9 , 1992 . 13 . ADJOURNMENT . I , DELORIS MCKENZIE , CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART . 6252-17 , SECTION 3A , ON DECEMBER 31 , 1992 . DELORIS MCKENZfIE , OCMC CITY SECRETARY 3 224jw CODES ; PROVIDING FOR CERTAIN AMENDMENTS TO SAID CODES ; PROVIDING THAT WOOD SHINGLES OR SHAKES SHALL BE PROHIBITED FOR ALL CONSTRUCTION EXCEPT SINGLE FAMILY RESIDENTIAL , AND THEN ONLY IF TREATED WITH FIRE RETARDANT MATERIALS ; PROHIBITING THE USE OF STAPLES FOR AFFIXING COMPOSITION SHINGLES ; PROVIDING FOR THE APPROVAL OF FOUNDATIONS BY REGISTERED PROFESSIONAL ENGINEERS ; PROVIDING STANDARDS FOR INSTALLATION OF SUBFLOORING OVER JOISTS ; PROVIDING PAVING CONCRETE STANDARDS ; ADOPTING A SCHEDULE OF FEES ; ADOPTING NATIONAL FIRE PROTECTION STANDARDS RELATING TO OPERATION OF AIRCRAFT FACILITIES ; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING A PENALTY OF $1 , 000 FOR EACH DAY OF VIOLATION HEREOF ; PROVIDING FOR SEVERABILITY ; AND PROVIDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE AS OF THE 31ST DAY FOLLOWING ITS ADOPTION , FOR ADDITIONAL INFORMATION . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE CONSENT AGENDA AS PRESENTED FOR A ) PAYMENT U CAPITAL PROJECTS 1 . CENTRAL SERVICES AREA LIFT STATION AND TRUNK LINES 2 . DRAINAGE MASTER PLAN , PHASE 1 B) DISPOSITION DE BIDS 1 . B_U NO . 92-34 : FIRE HYDRANT INVENTORY & COLOR CODING AWARDED TO METRO SERVICE CONSULTANTS , INC . FOR $96 . 16 PER HYDRANT - TO BE PAINTED RED C) AUTHORIZING EXECUTION OF CONTRACT WITH FRIENDSWOOD CHAMBER OF COMMERCE D) APPQ��TL�E�IT� T.4 BOARDa AU COMMISSIONS 1 . APPOINTMENT OF PAUL MAAZ TO HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT E) AUTHORIZE LETTER OF AGREEMENT WITH WAYNE SMITH AND ASSOCIATES TO PERFORM AN EVALUATION AND ANALYSIS OF DEEPWOOD LIFT STATION F ) AUTHORIZE CONTRACT TO COMMISSION ARTIST LAURIE WHITEHEAD TO CREATE A WATERCOLOR PAINTING TO COMMEMORATE FRIENDSWOOD ' S ONE HUNDREDTH ANNIVERSARY TO INCLUDE CITY USE OF COPYRIGHT G) AUTHORIZE REFUND OF BUILDING PERMIT FEES PAID BY WILNAH HAMMERSLEY H ) RATIFY AND CONFIRM SUBMISSION OF $460 , 000 GRANT APPLICATION TO HOUSTON ENDOWMENT FOUNDATION FOR LIBRARY PROJECT I ) AUTHORIZE APPLICATION TO TEXAS STATE LIBRARY FOR $200 , 000 FOR LIBRARY PROJECT J ) AUTHORIZE CORRESPONDENCE TO GALVESTON COUNTY COMMISSIONER ' S COURT REGARDING OPPOSITION TO RELOCATING GALVESTON COUNTY CENTRAL APPRAISAL DISTRICT OFFICE AND K ) MINUTES OF NOVEMBER 2 AND NOVEMBER 9 , 1992 . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . MOTION MADE AND APPROVED FOR ADJOURNMENT AT 9 '`35 PM. 6t��& �eGIJ�C�l�v. MAYOR EVELYN B . NEWMAN ATTEST : DELORIS MCKEN IE , CMC CITY SECRETARY 4 223 ADIVSED OUR CONSULTANT , REED STOWE WILL BE AUDITING OUR FRANCHISE PAYMENTS . COUNCILMEMBER STUART REQUESTED REFLECTORS BE PLACED AT THE NEW SIDEWALK AREA AT FM 518 AND FRIENDSWOOD LINK ROAD DUE TO THE SIDEWALK BEING A COUPLE OF FEET FROM THE STREET . **COUNCILMEMBER RALEY MOVED TO APPROVE THE APPEAL BY MR . PETE MORENO , HP AUTO WRECKER AND OVERTUR N THE DECISION BY WRECKER SERVICES FOR WRECKER PERMIT FOR HP AUTO WRECKER OF SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO AUTHORIZE INTERVENTION IN SOUTHWESTERN BELL - SUNMEADOW SERVICE AREA CASE AND INCLUDE AREA TO CITY LIMITS . SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE RESOLUTION RU- 1 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS ESTABLISHING MISSION STATEMENT AND GOALS AND OBJECTIVES FOR THE CITY FOR 1992/ 1993 . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE $jLQj, LUA R9g-29 A RESOLUTION EXPRESSING SUPPORT BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , FOR LEGISLATION INCREASING MAXIMUM PENALTIES FOR VIOLATIONS OF PROVISIONS OF THE ALCOHOLIC BEVERAGE CODE RELATING TO SALES OF ALCOHOLIC BEVERAGES TO INTOXICATED PERSONS OR MINORS . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO APPROVE ORDINANCE NO. T92-23 , SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD , TEXAS , AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF CHAPTER 20 AND SUBSTITUTING THEREFOR A NEW CHAPTER 20 ; PROVIDING RULES AND REGULATIONS GOVERNING THE OPERATION OF WRECKERS WITHIN THE CITY ; PROVIDING FOR THE ISSUANCE OF PERMITS ; PROVIDING CERTAIN DEFINITIONS ; PROVIDING FOR OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500 FOR VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO TABLE ORDINANCE NO . 93-1 , FIRST READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF SECTIONS 4- 1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4-48 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND SUBSTITUTING THEREFOR NEW SECTIONS 4- 1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4-49 OF ARTICLE IV OF CHAPTER 41 ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND BY ADDING TO CHAPTER 4 A NEW ARTICLE VIII ; PROVIDING FOR THE ADOPTION OF THE 1991 EDITIONS OF THE STANDARD BUILDING , MECHANICAL , PLUMBING , GAS , UNSAFE BUILDINGS , AND FIRE PREVENTION 3 222 SOME CLEARLY DEFINED CROSSWALKS AND OR DEMAND CROSSING SIGNALS . MAYOR NEWMAN REPORTED COUNCIL HAS BEEN VERY BUSY SINCE MAY AND EXPRESSED HER APPRECIATION TO EVERYONE FOR THEIR SUPPORT AND THANKED THE BUSINESS COMMUNITY FOR HELPING WITH THE NEW HOLIDAY DECORATIONS ON FRIENDSWOOD DRIVE AND REPORTED SHE HAS RECEIVED MANY FAVORABLE COMMENTS AND LETTERS . REPRESENTATIVE MIKE MARTIN APPEARED BEFORE COUNCIL TO DISCUSS LEGISLATIVE ISSUES , REPORTED HE IS SUPPORTING FRIENDSWOOD ' S H . B . 228 ON CEMETARY ' S AND H . B . 223 ON JUVENILE SCHOOL RECORDS , REPORTED HE IS WORKING ON NUMEROUS JUVENILE BILLS , WORKING ON H . B . 209 ON ECONOMIC DEVELOPMENT AND REPORTED HE DOES NOT ANTICIPATE A TAX BILL . ABRAMS PROJECT MANAGER JOHN REMPE APPEARED BEFORE COUNCIL TO PRESENT A UPDATE ON CONSTRUCTION OF FM 528 & FM 2351 STREET PROJECTS . MR . REMPE REQUESTED THE CITY TO CONTINUE TO HELP WITH TRAFFIC CONTROL AS THE LANES OPEN UP , STATING THERE ARE OVER 700 BARRELS , BARRICADES AND CONCRETE MARKERS ON THESE STREETS . MR . REMPE EXPRESSED HIS APPRECIATION TO MELVIN MEINECKE AND JIMMY THOMPSON FOR THEIR ASSISTANCE DURING THIS CONSTRUCTION . COUNCIL EXPRESSED CONCERNS REGARDING CONSTRUCTION BEING SHUT DOWN OVER THE WEEKEND AND ON THE HOLIDAYS WITH MR . REMPE ADVISING THAT SOME OF THE HOLDUP HAS BEEN SOUTHWESTERN BELL TELEPHONE BURYING CABLE AND ALSO REPORTED THAT THE STATE HIGHWAY DEPARTMENT WANTS CONSTRUCTION SHUT DOWN DURING HOLIDAYS . MR . DAN ILLERICH REPORTED ON A CLOVER FIELD AIRPORT MEETING HELD ON DECEMBER 22 , WITH THE DRAFT MASTER PLAN ON PHASE 1 BEING PRESENTED , PROVIDED A COPY FOR THE CITY ' S REVIEW AND REPORTED THE MASTER PLAN WILL NOT ADDRESS WHETHER THE AIRPORT SHOULD BE PRIVATE OR PUBLIC . MR . LEW FISHER APPEARED BEFORE COUNCIL TO URGE CITY INTERVENTION IN THE S .W . BELL TELEPHONE CASE FOR SUNMEADOW , REPORTING THERE WERE 114 FAMILIES INVOLVED . MR . FISHER REPORTED HE HAS ATTENDED THREE PRELIMINARY HEARINGS AND A HEARING EXAMINER HAS BEEN ASSIGNED . CITY MANAGER REPORTED ON THE CLEAN AIR ACT AND COLLECTION OF BULK GOODS WITH REFRIGERANT , ADA FACILITIES TRAINING , CLOVER ACRES DRAINAGE , STORER CABLE COALITION , ALTERING TRAFFIC PATTERN AT CLINE PRIMARY DURING CONSTRUCTION AND STATUS OF SHADWELL , SURVEYING OF STREETS AND SIDEWALK CONSTRUCTION . COUNCILMEMBER FRANKOVICH ASKED IF THE CITY COULD ADD THE SWIMMING POOL TURN AROUND TO THE SHADWELL CONTRACT? MAYOR NEWMAN STATED WE WILL BE LOOKING AT MORE PARKING AT THE WORKSHOP SESSION FOR THE PARKS MASTER PLAN AND COULD LOOK INTO THIS PROPOSAL AT THAT TIME . COUNCILMEMBER RALEY REPORTED HE HAS HEARD THAT THE CITY OF ALVIN HAS HAD SOME PROBLEMS WITH STORER CABLE UNDERPAYING FRANCHISE FEES AND SHOULD WE LOOK AT OUR FRANCHISE FEES . CITY MANAGER 2 221 REGULAR MEETING FRIENDSWOOD CITY COUNCIL JANUARY 4 , 1993 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON JANUARY 4 , 1993 AT 7 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR EVELYN B . NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY ATTORNEY TODD STEWART CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE INVOCATION AND PLEDGE OF ALLEGIANCE WAS GIVEN BY FATHER TOM HUHN , MARY QUEEN CATHOLIC CHURCH . MAYOR NEWMAN PRESENTED THE GOVERNMENT FINANCE OFFICERS ASSOCIATION CERTIFICATE OF ACHIEVEMENT IN EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR ENDED SEPTEMBER 30 , 1991 TO CITY MANAGER RON COX AND FINANCE DIRECTOR ROGER ROECKER . MR . ROECKER THANKED THE MAYOR , COUNCIL , CITY MANAGER AND FINANCE DEPARTMENT FOR THEIR SUPPORT AND EFFORTS . COUNCILMEMBER HAJECATE WISHED EVERYONE A PROSPEROUS NEW YEAR AND STATED SHE IS LOOKING FORWARD TO THE NEW YEAR AND ALL TO BE ACCOMPLISHED . COUNCILMEMBER MEASELES STATED HE IS LOOKING FORWARD TO A EXCITING NEW YEAR . I COUNCILMEMBER MANISON THANKED EVERYONE FOR REMEMBER HIS BROTHER IN THEIR PRAYERS , HE IS DOING WELL AND HAS A LOT TO BE THANKFUL FOR . COUNCILMEMBER STUART REPORTED ON A ARTICLE IN THE GALVESTON NEWSPAPER QUOTING JUDGE HOLBROOK AS STATING THAT DUE TO THE COST OF THE LAWSUIT WITH NAACP , A ALTERNATIVE TO SAVE COSTS WOULD BE TO ELIMINATE PRECINCT 8 WHICH SERVES FRIENDSWOOD . COUNC ILMEMBER ER STUART URGED EVERYONE TO CONTACT JUDGE HOLBROOK TO KEEP PRECINCT 8 . COUNCILMEMBER RALEY REPORTED ON PHONE CALLS REGARDING SCHOOL CHILDREN CROSSING FRIENDSWOOD DRIVE AT SPREADING OAKS AND REQUESTED THE CITY TO LOOK INTO THIS MATTER , POSSIBLY PLACING 1 STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON JANUARY 18 , 1993 AT 6 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW : AGENDA 6 : 00 PM 1 . CALL TO ORDER . 2 . EXECUTIVE SESSION : TEXAS OPEN MEETINGS LAW 6252-17 , TEXAS VERNON ' S CIVIL STATUES ( e ) SEEKING ATTORNEY ' S ADVICE WITH RESPECT TO PENDING OR CONTEMPLATED LITIGATION , SETTLEMENT OFFERS ( f) PURCHASE , EXCHANGE , LEASE OR VALUE OF REAL PROPERTY : A ) DISPOSITION OF 38 . 886 ACRES , OUT OF ABSTRACT 643 . B) ACQUISITION OF POTENTIAL MUNICIPAL AND RECREATIONAL PROPERTIES . 7_;0 0 PM 3 . INVOCATION - REVEREND GARY TALIAFERRO , CHURCH OF CHRIST . 4 . PLEDGE OF ALLEGIANCE . 5 . *****SPECIAL RECOGNITION PRESENTATION OF FIVE STAR SPIRIT AWARD TO CAPTAIN JIMMY HOLLAND . 6 . *ANNOUNCEMENTS AND COMMUNICATIONS FROM THE MAYOR . A) PROCLAMATION PROCLAIMING WEEK OF JANUARY 18-23 AS "TEXAS AGGIE MOM ' S WEEK" IN RECOGNITION OF THE FRIENDSWOOD/PEARLAND CLUB . 7 . ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS . 8 . *COMMUNICATIONS FROM THE PUBLIC AND COMMITTEES . A . MS . LIZ OGDEN , 5130 SHADY OAKS , WEDGEWOOD VILLAGE REGARDING SEWER PROBLEMS 9 . *CITY MANAGER REPORT . 10 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL AND ESTABLISHMENT OF SENIOR CITIZENS PROGRAM. 1 1 i 11 . *CONSIDERATION AND POSSIBLE ACTION REGARDING AUTHORIZING STAFF TO NEGOTIATE WITH ARCHITECT FOR LIBRARY RENOVATION AT 10416 S . FRIENDSWOOD DRIVE AS RECOMMENDED BY LIBRARY BOARD . 12 . *CONSIDERATION AND POSSIBLE ACTION REGARDING ADOPTION OF USER FEES AND POLICIES FOR USE OF FRIENDSWOOD PARKS BY INDIVIDUALS AND GROUPS . 13 . *CONSIDERATION AND POSSIBLE ACTION REGARDING STREETS TO BE SUBMITTED FOR INCLUSION IN THE TRANSPORTATION IMPROVEMENT PROGRAM. 14 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF RFP FOR STUDY OF SUNMEADOW GOLF COURSE AND DISTRIBUTION TO CONSULTANTS . 15 • *RESOLUTIONS A ) RESOLUTION R93-1 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , AUTHORIZING THE POLICE DEPARTMENT TO USE UNMARKED VEHICLES IN ORDER TO FACILITATE POLICE UNDERCOVER WORK AND OTHER LEGITIMATE FUNCTIONS OF THE POLICE DEPARTMENT . 16 . *ORDINANCES A ) ORDINANCE NO . 93-1 , FIRST READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF SECTIONS 4- 1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4 -48 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND SUBSTITUTING THEREFOR NEW SECTIONS 4- 1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4-49 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND BY ADDING TO CHAPTER 4 A NEW ARTICLE VIII ; PROVIDING FOR THE ADOPTION OF THE 1991 EDITIONS OF THE STANDARD BUILDING , MECHANICAL , PLUMBING , GAS , UNSAFE BUILDINGS , AND FIRE PREVENTION CODES ; PROVIDING FOR CERTAIN AMENDMENTS TO SAID CODES ; PROVIDING THAT WOOD SHINGLES OR SHAKES SHALL BE PROHIBITED FOR ALL CONSTRUCTION EXCEPT SINGLE FAMILY RESIDENTIAL , AND THEN ONLY IF TREATED WITH FIRE RETARDANT MATERIALS ; PROHIBITING THE USE OF STAPLES FOR AFFIXING COMPOSITION SHINGLES ; PROVIDING FOR THE APPROVAL OF FOUNDATIONS BY REGISTERED PROFESSIONAL ENGINEERS ; PROVIDING STANDARDS FOR INSTALLATION OF SUBFLOORING OVER JOISTS ; PROVIDING PAVING CONCRETE STANDARDS ; ADOPTING A SCHEDULE OF FEES ; ADOPTING NATIONAL FIRE PROTECTION STANDARDS RELATING TO OPERATION OF AIRCRAFT FACILITIES ; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING A PENALTY OF $1 , 000 FOR EACH DAY OF VIOLATION HEREOF ; PROVIDING FOR SEVERABILITY ; AND PROVIDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE AS OF THE 31ST DAY FOLLOWING ITS ADOPTION . 2 17 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF THE OONSENT L-GENDA AS PRESENTED : A) PAYMENT -F CAPITAL B$Q.J_E 1 ) FRIENDSWOOD-LINK ROAD SIDEWALK 2 ) MASTER DRAINAGE PLAN , PHASE 1 B) DISPOSITION OF BIDS 1 ) Blp 92-5: EMERGENCY SEWER REPAIRS 2 ) BID 92-�6 : NINE VEHICLES FOR USE BY POLICE DEPARTMENT , FIRE AND EMS . C ) APPOINTMENTS AND RE-APPOINTMENTS TO BOARDS AND COMMISSIONS 1 ) RE-APPOINTMENT OF JUDGE LUIS SUAREZ AND ASSOCIATE JUDGES JIM WOLTZ , RONALD MURRAY AND SHERRY GERMAN FOR TWO YEAR TERMS . 2 ) RE-APPOINTMENT OF KEN GILBREATH , LILA BITTER AND GEORGE STROUHAL TO THE LIBRARY BOARD . D) EXECUTION OF CONTRACT WITH BROWN & GAY ENGINEERS , INC . , TO PROVIDE PROFESSIONAL SERVICES IN CONNECTION WITH UPDATING THE LAND USE ASSUMPTIONS ( LUA ) , CAPITAL IMPROVEMENTS PLAN ( CIP ) , AND IMPACT FEE FOR WATER AND SEWER UTILITIES STUDY . E) RATIFY AND CONFIRM CITY MANAGER ' S ACTION TO RETAIN LLOYD , GOSSELINK , FOWLER , BLEVINS & MATHEWS TO REPRESENT THE CITY OF FRIENDSWOOD IN INTERVENTION OF SUNMEADOW AND SWBT EXCHANGE CASE AND APPROVE EXECUTION OF CONTRACT . F) FINAL ACCEPTANCE OF STREETS , DRAINAGE , AND UTILITIES IN WILDERNESS TRAILS SUBDIVISION , SECTION III , PHASE IA AND PHASE IB FOR MAINTENANCE BY THE CITY . G) ACCEPTANCE OF FRIENDSWOOD-LINK SIDEWALK FOR CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD . 18 . ADJOURNMENT . I , DELORIS MCKENZIE , CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART . 6252- 17 , SECTION 3A , ON JANUARY 15 , 1992 . c DELORIS MCKEN IE , CMC CITY SECRETARY 3 227 SPECIAL MEETING FRIENDSWOOD CITY COUNCIL JANUARY 18 , 1993 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON JANUARY 18 , 1993 AT 6 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR EVELYN B . NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE ABSENT FROM THE MEETING WAS COUNCILMEMBER FRANKOVICH . MAYOR NEWMAN CALLED THE MEETING TO ORDER . MAYOR AND COUNCIL CONVENED INTO EXECUTIVE SESSION TO ORDER IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW 6252-17 , TEXAS VERNON ' S CIVIL STATUES ( e) SEEKING ATTORNEY ' S ADVICE WITH RESPECT TO PENDING OR CONTEMPLATED LITIGATION , SETTLEMENT OFFERS ( f) PURCHASE , EXCHANGE , LEASE OR VALUE OF REAL PROPERTY : A) DISPOSITION OF 38 . 886 ACRES , OUT OF ABSTRACT 643 B) ACQUISITION OF POTENTIAL MUNICIPAL AND RECREATIONAL PROPERTIES . MAYOR AND COUNCIL RE-CONVENED IN OPEN SESSION WITH NO ACTION TAKEN . 7 : 00 ZE MAYOR NEWMAN CALLED THE REGULAR PORTION OF THE MEETING TO ORDER ABSENT FROM THE COUNCIL CHAMBERS WAS COUNCILMEMBER KITTEN HAJECATE . INVOCATION AND THE PLEDGE OF ALLEGI NCE WAS GIVEN REVEREND GARY TALIAFERRO , CHURCH OF CERIST *****SPECIAL. RECOGNITION CITY MANAGER RON COX PRESENTENTED THE FIVE STAR SPIRIT AWARD TO CAPTAIN JIMMY HOLLAND FOR HIS DEDICATION TO THE CITY . CAPTAIN HOLLAND THANKED THE CITY FOR THIS RECOGNITION AND INTRODUCED HIS FAMILY THAT WERE IN ATTENDANCE . MAYOR NEWMAN PROCLAIMED THE WEEK OF JANUARY 18-23 AS "TEXAS AGGIE MOM ' S WEEK" IN RECOGNITION OF THE FRIENDSWOOD/PEARLAND CLUB AND 1 228 PRESENTED THE PROCLAMATION TO CITY EMPLOYEE CATHY RAYMOND , A "TEXAS AGGIE MOM" . COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE CLEAR LAKE AREA COUNCIL OF CITIES MEETING ON JANUARY 13 WITH C . L . A . E . D . F . PRESIDENT JIM REINHARTSEN AS SPEAKER , WOULD LIKE TO RECOMMEND MR . REINHARTSEN MEET COUNCIL AND STAFF , ATTENDED THE CLEAR CREEK DRAINAGE DISTRICT MEETING AND REPORTED THEY HAVE A NEW COMMISSION , AND REPORTED ON A GRANT APPLICATION FROM THE SMALL BUSINESS ADMINISTRATION FOR A TREE PLANTING PROGRAM. COUNCILMEMBER MANISON REPORTED ON ATTENDING THE GALVESTON BAY ESTUARY EXECUTIVE BOARD MEETING , REPORTED ON STUDIES COMPLETED AND REPORTED ON A PROGRAM FOR STENCILING STORM •DRAINS TO ADVISE THE DRAINS EMPTY DIRECTLY INTO THE BAY , TRAVELED WITH H . G . A . C . TO WASHINGTON TO RECEIVE UPDATE ON FEDERAL AND STATE FUNDING , REPORTED THERE WILL BE MAJOR CHANGES . COUNCILMEMBER STUART REPORTED THE C . C . R . F . C . MEETING WILL BE HELD ON JANUARY 20 IN PEARLAND AND REPORTED ON AREA SALES TAX ELECTION RESULTS , NOTING THE SALES TAX TO REDUCE PROPERTY TAXES PASSED AND THE ECONOMIC DEVELOPMENT SALES TAX PROPOSITIONS FAILED . COUNCILMEMBER RALEY REPORTED THE LIBRARY BOARD HEARD PRESENTATIONS FOR CONSULTANTS FOR THE LIBRARY RENOVATION S , ATTENDED THE C . L . C . OF C . AND REPORTED ON THE EXCELLENT PRESENTATION ON SPACE STATION FREEDOM. MAYOR NEWMAN AGAIN REQUESTED THAT FRIENDSWOOD BECOME A PRO ACTIVE CITY AND URGED CITIZENS TO NOT PUT LEAVES IN DRAINS AS THIS COSTS THE CITY MONEY WHEN THE DRAINS SILT UP . MR . ANDY KNIGHT, EXECUTIVE DIRECTOR OF FRIENDSWOOD NUTRITION CENTER APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERNS REGARDING THE NEW SENIOR CITIZENS PROGRAM WHICH IS PROPOSED TO BE FIVE DAYS A WEEK . MR . FRANK WEBB APPEARED BEFORE COUNCIL AND STATED HE IS IN AGREEMENT WITH MR . KNIGHT . MR . WEBB ALSO STATED HE IS CONCERNED WITH THE PROPOSED PARK USER FEES . MR . WEBB REQUESTED PAPER BACK BOOKS FOR THE VETERANS HOSPITAL . COUNCILMEMBER HAJECATE RETURNED TO THE MEETING AT THIS TIME . MS . SELMA ENGLE AND MS . CHAJA VERVEER APPEARED BEFORE COUNCIL IN OPPOSITION OF RESOLUTION R92-45 , SEX EDUCATION TO VERY YOUNG CHILDREN . CITY MANAGER REPORTED ON SIDEWALK CONSTRUCTION CHANGE ORDER IN THE AMOUNT OF $3 , 395 . 60 AND ON THE SHADWELL LANE CONSTRUCTION . COUNCILMEMBER STUART ASKED ABOUT REFLECTORS FOR THE SIDEWALK AREA AT FM 518 AND FRIENDSWOOD LINK WITH CITY MANAGER ADVISING THIS WILL BE DONE AS QUICKLY AS POSSIBLE . 2 -�� • + 229 COUNCILMEMBER MEASELES ASKED ABOUT THE WIDTH OF THE SIDEWALKS IN THE CONTRACT WITH CITY MANAGER ADVISING THE WORDING WAS VAGUE BUT THE BID WAS BASED 5 'W WIDE SIDEWALKS AND REPORTED THE CONTRACT HAS BEEN CHANGED ACCORDINGLY . COUNCILMEMBER RALEY REPORTED THE NEW POLICY FOR OPEN DITCHES HAS LEFT CLINE ELEMENTARY WITH A DILEMMA AS WHAT TO DO WITH THE EXCAVATION MATERIAL DURING CONSTRUCTION . COUNCILMEMBER STUART SUGGESTED THE CITY MANAGER WORK WITH THE SCHOOL DISTRICT ON THIS MATTER AND SUGGESTED THE MATERIAL BE USED IN THE DITCH ON GREENBRIAR . COUNCILMEMBER RALEY ASKED IF THE CITY HAD RECEIVED ANY COMMENTS ON THE TRAFFIC PATTERN AT CLINE WITH THE CITY MANAGER REPORTED NO COMMENTS HAVE BEEN RECEIVED . **COUNCILMEMBER STUART MOVED FOR APPROVAL AND ESTABLISHMENT OF SENIOR CITIZENS PROGRAM AS RECOMMENDED BY THE ADVISORY COMMITTEE . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED 4-2 . COUNCILMEMBERS MANISON AND RALEY OPPOSED . **COUNCILMEMBER RALEY MOVED TO AUTHORIZE STAFF TO NEGOTIATE WITH ARCHITECT FOR LIBRARY RENOVATION AT 10416 S . FRIENDSWOOD DRIVE AS RECOMMENDED BY LIBRARY BOARD . SECONDED BY COUNCILMEMBER STUART. MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE ADOPTION OF USER FEES AND POLICIES FOR USE OF FRIENDSWOOD PARKS BY INDIVIDUALS AND GROUPS WITH AMENDMENT TO ADD POLICY (E) FROM STEVENSON PARK TO ARENA PARK POLICY . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER HAJECATE MOVED TO APPROVE EL DORADO , FM 528 , MOORE ROAD , BAY AREA BOULEVARD EXTENSION AND THE SOUTH LOOP ON THE MASTER THOROUGHFARE PLAN TO BE SUBMITTED FOR INCLUSION IN THE TRANSPORTATION IMPROVEMENT PROGRAM AND GAVE STAFF AUTHORITY TO ADD STREETS AS DEEMED APPROPRIATE SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED FOR APPROVAL OF RFP FOR STUDY OF SUNMEADOW GOLF COURSE AND DISTRIBUTION TO CONSULTANTS . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE RESOL•UTTON R9�-1 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , AUTHORIZING THE POLICE DEPARTMENT TO USE UNMARKED VEHICLES IN ORDER TO FACILITATE POLICE UNDERCOVER WORK AND OTHER LEGITIMATE FUNCTIONS OF THE POLICE DEPARTMENT . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE NO. 93-1 , FIRST READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF SECTIONS 4-1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4-48 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V 3 230 AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , ` AND SUBSTITUTING THEREFOR NEW SECTIONS 4-1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4-49 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND BY ADDING TO CHAPTER 4 A NEW ARTICLE VIII ; PROVIDING FOR THE ADOPTION OF THE 1991 EDITIONS OF THE STANDARD BUILDING , MECHANICAL , PLUMBING, GAS , UNSAFE BUILDINGS , AND FIRE PREVENTION CODES ; PROVIDING FOR CERTAIN AMENDMENTS TO SAID CODES ; PROVIDING THAT WOOD SHINGLES OR SHAKES SHALL BE PROHIBITED FOR ALL CONSTRUCTION EXCEPT SINGLE FAMILY RESIDENTIAL , AND THEN ONLY IF TREATED WITH FIRE RETARDANT MATERIALS ; PROHIBITING THE USE OF STAPLES FOR AFFIXING COMPOSITION SHINGLES ; PROVIDING FOR THE APPROVAL OF FOUNDATIONS BY REGISTERED PROFESSIONAL ENGINEERS ; PROVIDING STANDARDS FOR INSTALLATION OF SUBFLOORING OVER JOISTS ; PROVIDING PAVING CONCRETE STANDARDS ; ADOPTING A SCHEDULE OF FEES ; ADOPTING NATIONAL FIRE PROTECTION STANDARDS RELATING TO OPERATION OF AIRCRAFT FACILITIES ; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING A PENALTY OF $1 , 000 FOR EACH DAY OF VIOLATION HEREOF ; PROVIDING FOR SEVERABILITY ; AND PROVIDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE AS OF THE 31ST DAY FOLLOWING ITS ADOPTION WITH AMENDMENT TO ADOPT THE 1985 BUILDING PERMIT FEE SCHEDULE BY RESOLUTION . SECONDED BY COUNCILMEMBER MEASELES. MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED FOR APPROVAL OF THE CONSERT AGENDA AS PRESENTED A ) PAYMENT U CAPITAL PROJECTS 1 ) FRIENDSWOOD-LINK ROAD SIDEWALK 2) MASTER DRAINAGE PLAN , PHASE 1B ) paSPOSITION QE BIDS 1 ) BLU 92-35 : EMERGENCY SEWER REPAIRS TO UTICON , INC . IN THE AMOUNT OF $44 , 200 2) D- P 92-9-E: NINE VEHICLES FOR USE BY POLICE DEPARTMENT , FIRE AND EMS TO A . C . COLLINS FOR AT $108 , 508 C) APPOINTMENTS ABD gE-APPOINTMENTS ID $Q.AgpS ANDI LOMMISSIONS 1 ) RE-APPOINTMENT OF JUDGE LUIS SUAREZ AND ASSOCIATE JUDGES JIM WOLTZ , RONALD MURRAY AND SHERRY GERMAN FOR TWO YEAR TERMS 2) RE-APPOINTMENT OF KEN GILBREATH , LILA RITTER AND GEORGE STROUHAL TO THE LIBRARY BOARD D) EXECUTION OF CONTRACT WITH BROWN & GAY ENGINEERS , INC . , TO PROVIDE PROFESSIONAL SERVICES IN CONNECTION WITH UPDATING THE LAND USE ASSUMPTIONS (LUA ) , CAPITAL IMPROVEMENTS PLAN ( CIP) , AND IMPACT FEE FOR WATER AND SEWER UTILITIES STUDY E) RATIFY AND CONFIRM CITY MANAGER ' S ACTION TO RETAIN LLOYD , GOSSELINK , FOWLER , BLEVINS & MATHEWS TO REPRESENT THE CITY OF FRIENDSWOOD IN INTERVENTION OF SUNMEADOW AND SWBT EXCHANGE CASE AND APPROVE EXECUTION OF CONTRACT F) FINAL ACCEPTANCE OF STREETS , DRAINAGE , AND UTILITIES IN WILDERNESS TRAILS SUBDIVISION , SECTION III , PHASE IA AND PHASE IB FOR MAINTENANCE BY THE CITY G) ACCEPTANCE OF FRIENDSWOOD-LINK SIDEWALK FOR CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . MOTION MADE AND APP OVED FOR ADJOURNMENT AT 8 : 35 PM. ) -y/oiit MAYO EVELYN B . NEWMAN 4DL IS MCKEN IE , CMC CITY SECRETARY 4 STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON FEBRUARY 15 , 1993 AT : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW : AGENDA 6OQ PM 1 . CALL TO ORDER . 2 . EX_ECUTIVE SESSION - TEXAS OPEN MEETINGS LAW 6251 - 17 , TEXAS VERNON ' S CIVIL STATUTES ( f) PURCHASE EXCHANGE , LEASE OR VALUE OF REAL PROPERTY . A ) ACQUISITION OF PROPERTY FOR SPORTS COMPLEX AGENDA 7 : 00 PM 3 . INVOCATION - REVEREND NORMAN FRY , FIRST BAPTIST CHURCH OF FRIENDSWOOD . 4 . PLEDGE OF ALLEGIANCE . 5 . ANNOUNCEMENTS AND COMMUNICATIONS FROM THE MAYOR . 6 . ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS. 7 . COMMUNICATIONS FROM THE PUBLIC AND COMMITTEES . 8 . *CITY MANAGER REPORT . 9 . *CONSIDERATION AND POSSIBLE ACTION REGARDING AUTHORIZING EXECUTION OF CONTRACT WITH HALL/MERRIMAN ARCHITECTS TO PROVIDE ARCHITECTURAL SERVICES FOR LIBRARY RENOVATION . 10 . *CONSIDERATION AND POSSIBLE ACTION REGARDING SELECTION OF CONSULTANT TO PERFORM ARCHITECTURAL AND ENGINEERING SERVICES FOR LAKE FRIENDSWOOD . 11 . *CONSIDERATION AND POSSIBLE ACTION REGARDING SETTING A PUBLIC HEARING FOR SUBSTANDARD STRUCTURE LOCATED AT 802 S . FRIENDSWOOD DRIVE . 12 . *CONSIDERATION AND POSSIBLE ACTION REGARDING ACQUISITION OF PROPERTY FOR SPORTS COMPLEX . 1 13 . *RESOLUTIONS CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING : A) RESOLUTION NO. R93-5 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , ADOPTING A SCHEDULE OF FEES FOR PERMITS ISSUED UNDER THE CITY ' S BUILDING, PLUMBING , GAS , AND MECHANICAL CODES . B) RESOLUTION NO . R93-6 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES , SUPPORTING LEGISLATION PROVIDING CAPITAL PUNISHMENT FOR PERSONS WHO ABUSE AND MURDER CHILDREN, AND PROVIDING AN EFFECTIVE DATE. C) RESOLUTION NO. R93-7 , A RESOLUTION OF THE CITY COUNCIL OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES URGING THAT PRAYER BE RETURNED TO THE PUBLIC SCHOOLS AND THAT CITIES ACROSS THE STATE OF TEXAS JOIN IN AN EFFORT TO REINSTATE PRAYER IN THE PUBLIC SCHOOLS BY PASSING SIMILAR RESOLUTIONS AND UNITING IN A GRASS ROOTS MOVEMENT FOR THAT PURPOSE . D) RESOLUTION NO . R93-8 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES GRANTING A LIMITED WAIVER OF ENCROACHMENT FOR A EXISTING STRUCTURE LOCATED AT 601 LAKE FRIENDSWOOD DRIVE , LOT 18 , BLOCK 4 , WILDERNESS TRAILS 111 SUBDIVISION AS FILED FOR RECORD AT GALVESTON COUNTY , TEXAS ; AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT. E) RESOLUTION NO. R93-9 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES , ORDERING ELECTION FOR MAY 1 , 1993 FOR COUNCIL POSITION #2 FOR A THREE YEAR TERM AND COUNCIL POSITIONS #4 AND #6 FOR TWO YEAR TERMS. 14 . *ORDINANCES A) ORDINANCE T93-1 , SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF SECTIONS 4-1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4-48 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND SUBSTITUTING THEREFOR NEW SECTIONS 4-1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4-48 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND BY ADDING TO CHAPTER 4 A NEW ARTICLE VIII ; PROVIDING FOR THE ADOPTION OF THE 1991 EDITIONS OF THE STANDARD BUILDING, MECHANICAL , PLUMBING, GAS , UNSAFE BUILDINGS , AND FIRE PREVENTION CODES ; PROVIDING FOR CERTAIN AMENDMENTS TO SAID CODES ; PROVIDING THAT WOOD SHINGLES OR SHAKES SHALL BE PROHIBITED FOR ALL CONSTRUCTION EXCEPT SINGLE FAMILY RESIDENTIAL , AND THEN ONLY IF TREATED WITH FIRE RETARDANT MATERIALS ; PROHIBITING THE USE OF STAPLES FOR AFFIXING COMPOSITION SHINGLES; PROVIDING FOR THE APPROVAL OF FOUNDATIONS BY REGISTERED PROFESSIONAL ENGINEERS; PROVIDING STANDARDS FOR INSTALLATION OF SUBFLOORING OVER JOISTS ; PROVIDING PAVING CONCRETE STANDARDS ; ADOPTING NATIONAL FIRE PROTECTION RELATING TO OPERATION OF AIRCRAFT FACILITIES ; PROVIDING 2 OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING A PENALTY OF $1 , 000 FOR EACH DAY OF VIOLATION HEREOF ; PROVIDING FOR SEVERABILITY ; AND PROVIDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE AS OF THE 31ST DAY FOLLOWING ITS ADOPTION . B) ORDINANCE T93-2 , AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION AND SECOND AND FINAL READING OF AN ORDINANCE REGARDING ZONING CHANGE REQUEST FOR A 5 . 94 ACRES OF LAND OUT OF REMAINING BACK PORTION OF RESERVE C OF POLLY RANCH SUBDIVISION , FRIENDSWOOD , GALVESTON COUNTY , TEXAS , FROM MULTIPLE FAMILY RESIDENTIAL DWELLING DISTRICT - MEDIUM TO SINGLE FAMILY RESIDENTIAL ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT ; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY . 15 . *C0NSIDERATI0N AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONSENT AGENDA AS PRESENTED : A) PAYMENT QE �!APITAL PROJECTS 1 ) REST ROOM RENOVATION - LEAVESLEY PARK FACILITY 2) RENOVATION OF OLD ANIMAL IMPOUNDMENT FACILITY 3) SHADWELL LANE IMPROVEMENTS R) CENTRAL SERVICE AREA LIFT STATION AND TRUNK LINES B) DISPOSITION DE BID 93-1 , FM 518 SIDEWALKS FROM SHADWELL LANE TO EAST SPREADING OAKS C ) APPOINTMEENTT_S ANp RE-APPOINTMENTS T0_ BOARDS AND COM ILS.IQ-N-a 1 ) ECONOMIC DEVELOPMENT COMMITTEE 2) INDUSTRIAL DEVELOPMENT CORPORATION 3) COMMUNITY APPEARANCE BOARD 4) ELECTRICAL BOARD D) ACCEPTANCE OF POLLY RANCH ESTATES , ADDITION 03 , FOR CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD E) MINUTES OF DECEMBER 7 , DECEMBER 14 , AND JANUARY 4 . 16 . ADJOURNMENT . I , DELORIS MCKENZIE , CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART. 6252-17 , SECTION 3A , ON FEBRUARY 12 , 1993 4W DELORIS MCKv ZIE , CMC CITY SECRETARY 3 237 REGULAR MEETING FRIENDSWOOD CITY COUNCIL FEBRUARY 15 , 1993 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON FEBRUARY, 15 , 1993 AT 6 : 00 PM AT FRIENDSWOOD CITY HALL COUNCIL CH AMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR EVELYN B . NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH MAYOR NEWMAN CALLED THE MEETING TO ORDER . COUNCIL CONVENED INTO EXECUTIVE SESSION IN ACCORDANCE WITH TEXAS OPEN MEETINGS LAW 6251 -17 , TEXAS VERNON ' S CIVIL STATUTES ( f) PURCHASE EXCHANGE , LEASE OR VALUE OF REAL PROPERTY . A) ACQUISITION OF PROPERTY FOR SPORTS COMPLEX COUNCIL RE-CONVENED IN OPEN SESSION AT 7 : 05 P .M. WITH ACTION TAKEN LATER IN THE MEETING . INVOCATION AND THE PLEDGE OF ALLEGIANCE WAS GIVEN BY REVEREND NORMAN FRY , FIRST BAPTIST CHURCH OF FRIENDSWOOD . MAYOR REPORTED BEST WASTE HAS ADVISED THEY WILL BE UNABLE TO PICK UP ITEMS THAT CONTAIN REFRIGERANT UNLESS IT HAS BEEN REMOVED BY A CERTIFIED FIRM , REPORTED $23 , 150 HAS BEEN RECEIVED FOR THE HL&P QUARTERLY FRANCHISE PAYMENT , REPORTED THE ACQUISITION OF RIGHT OF WAY FOR FM 528 IS MOVING ALONG AS QUICKLY AS POSSIBLE , REPORTING ' ON MEETING WITH REPRESENTATIVES FROM THE HOUSTON ENDOWMENT FOUNDATION REGARDING FUNDING FOR THE NEW LIBRARY AND COMMUNITY SUPPORT WILL BE REQUIRED TO BE ELIGIBLE FOR THIS GRANT AND REPORTED WHEN THE NEW LIBRARY IS COMPLETED , THE OLD BUILDING WILL BE RENOVATED FOR A SENIOR CITIZEN/TEEN CENTER , URGED EVERYONE TO PARTICIPATING BY BRINGING DONATIONS TO CITY SECRETARY OR TO THE LIBRARY . COUNCILMEMBER RALEY ASKED CITIZENS TO SUPPORT THE FUND RAISING EFFORTS FOR THE NEW LIBRARY , STATING THIS PROJECT SPEAKS TO OUR FUTURE AND EDUCATION , REPORTED ON ATTENDING THE T . M . L . LEGISLATIVE UPDATE WITH OTHER MEMBERS OF COUNCIL AND STAFF MEMBERS . COUNCILMEMBER STUART REPORTED THE TAX ASSESSOR REPORT FOR JANUARY 31 INDICATED A 99% COLLECTION RATE AND THANKED THE CITIZENS FOR PROMPT PAYMENT , REPORTED ON A ARTICLE IN THE HOUSTON POST ON 1 233 TELEVISION PROGRAMS AND CHILDREN AND SUGGESTED THE CITY ADOPT A RESOLUTION REQUIRING TELEVISION TO BE SUBJECTED TO THE SAME RATINGS AS MOVIES AND ANNOUNCED HE HAD FILED FOR POSITION 4 FOR THE NEXT TWO YEAR TERM . COUNCILMEMBER MANISON REPORTED ON ATTENDING THE ANNUAL H . G . A . C . LEGISLATIVE BRIEFING IN WASHINGTON , D . C . , REPORTED ON POTENTIAL PROBLEMS IN FUNDING FOR SPACE STATION , ATTENDED THE C . L . A . C . OF C . ON WEDNESDAY WITH GUEST SPEAKER FROM REED STOWE ON CABLE TELEVISION AND ATTENDED THE FRIENDSWOOD PARK BOARD MEETING LAST THURSDAY . COUNCILMEMBER MEASELES REPORTED REPRESENTATIVE MIKE MARTIN IS FILING THE CEMETERY BILL FOR FRIENDSWOOD , SPOKE IN SUPPORT OF SPACE STATION FREEDOM, REPORTED ON ATTENDING THE T . M. L . LEGISLATIVE BRIEFING WITH GOVERNOR RICHARDS AS GUEST SPEAKER , REPORTED THE C . L . C . OF C . IS PLANNING A SUPER COUNCIL MEETING TO ADDRESS COMMON PROBLEMS , REPORTED ON THE PRESENTATION BY REED & STOWE ON CABLE TELEVISION AND ANNOUNCED HIS CANDIDACY FOR POSITION 2 FOR A THREE YEAR TERM . COUNCILMEMBER HAJECATE REPORTED ON ATTENDING THE T . M. L . LEGISLATIVE UPDATE AND REPORTED SENATOR JERRY PATTERSON IS SUPPORT OUR RESOLUTION ON SEX EDUCATION IN PUBLIC SCHOOLS . MR . HENRY TOWN APPEARED BEFORE COUNCIL REGARDING EXCESSIVE SPEEDING ON F . M.. 2351 AND PRESENTED INFORMATION ON TRAFFIC DURING PEAK TRAVEL TIME FROM 6 : 00 A .M. TO 7 : 00 A .M. . MAYOR NEWMAN ADVISED MR . TOWN THE CITY MANAGER WOULD LOOK INTO THIS MATTER . MR . JOHN RING APPEARED BEFORE COUNCIL IN REGARDS TO THE AGENDA ITEMS FOR ACQUISITION OF A SPORTS COMPLEX AND URGED COUNCIL ' S FAVORABLE ACTION TO ACQUIRE PROPERTY TO BE USED BY THE SOCCER CLUB . MR . LEE GRIFFITH REPRESENTING THE SOCCER CLUB REPORTED THAT OVER 950 CHILDREN HAVE SIGNED UP FOR THE FRIENDSWOOD SOCCER CLUB WHICH IS THE LARGEST CLUB IN THE BAY AREA . MR . GRIFFITH STATED THE SOCCER CLUB WOULD PARTICIPATE IN THE FUNDING FOR PREPARATION OF THE FIELDS AND URGED COUNCIL ' S FAVORABLE ACTION TO ACQUIRE PROPERTY AS SOON AS POSSIBLE . CITY MANAGER REPORTED ON JUVENILE JUSTICE PROJECTS ON LEGISLATION , PROGRESS OF SHADWELL LANE AND SEWER LINE REPAIRS ON CASTLE HARBOUR . COUNCILMEMBER FRANKOVICH ASKED IF THE CABLE TELEVISION FEE STRUCTURE IS NEGOTIABLE AND STATED HE IS OPPOSED TO THE $5 .00 ADDITIONAL CHARGE PER CONNECTION AND ASKED IS WE COULD ELIMINATE THIS CHARGE . CITY MANAGER ADVISED THE FRANCHISE AGREEMENT IS OPEN TO NEGOTIATION DURING THE RENEWAL PROCESS . **COUNCILMEMBER RALEY MOVED TO AUTHORIZE EXECUTION OF CONTRACT WITH HALL/MERRIMAN ARCHITECTS TO PROVIDE ARCHITECTURAL SERVICES FOR LIBRARY RENOVATION FOR FIRST PHASE IN THE AMOUNT OF $7 , 500 .. 2 239 SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE SELECTION OF SWA GROUP AS CONSULTANT TO PERFORM ARCHITECTURAL AND ENGINEERING SERVICES FOR LAKE FRIENDSWOOD FOR AN AMOUNT NOT TO EXCEED $38 , 000 . SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER HAJECATE MOVED TO APPROVE SETTING A PUBLIC HEARING FOR MARCH 1 , 1993 FOR SUBSTANDARD STRUCTURE LOCATED AT 802 S . FRIENDSWOOD DRIVE . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO AUTHORIZE CITY MANAGER AND CITY ENGINEER TO NEGOTIATE WITH CHARTER BANK FOR ACQUISITION OF PROPERTY FOR SPORTS COMPLEX OFF MOORE ROAD AND AUTHORIZE AN ENVIRONMENTAL STUDY , FOLLOWED IN ORDER BY BOFYSIL PROPERTY ON FM 528 , ALVES PROPERTY ON MOORE ROAD AND WEST PROPERTY AT LAKE FRIENDSWOOD IF NEGOTIATION WITH CHARTER BANK IS NOT SUCCESSFUL . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE RESOLUTION NO . R93-5 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , ADOPTING A SCHEDULE OF FEES FOR PERMITS ISSUED UNDER THE CITY ' S BUILDING , PLUMBING , GAS , AND MECHANICAL CODES . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE RESOLUTION NO . R93-6 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES , SUPPORTING LEGISLATION PROVIDING FOR CAPITAL PUNISHMENT FOR PERSONS WHO ABUSE AND MURDER CHILDREN , AND PROVIDING AN EFFECTIVE DATE . SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO APPROVE RESOLUTION NO . R93-7 , A RESOLUTION OF THE CITY COUNCIL OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES URGING THAT PRAYER BE RETURNED TO THE PUBLIC SCHOOLS AND THAT CITIES ACROSS THE STATE OF TEXAS JOIN IN AN EFFORT TO REINSTATE PRAYER IN THE PUBLIC SCHOOLS BY PASSING SIMILAR RESOLUTIONS AND UNITING IN A GRASS ROOTS MOVEMENT FOR THAT PURPOSE . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE RESOLUTION NO . R93-8 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES GRANTING A LIMITED WAIVER OF ENCROACHMENT FOR A EXISTING STRUCTURE LOCATED AT 601 LAKE FORREST DRIVE , LOT 18 , BLOCK 4 , WILDERNESS TRAILS 111 SUBDIVISION AS FILED FOR RECORD AT GALVESTON COUNTY , TEXAS ; AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT . SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO APPROVE RESOLUTION NO. R 93-9 , A RESOLUTION OF THE CITY OF FRIENDSWOOD TEXAS GALVESTON HAR/ RIS 3 240 COUNTIES , ORDERING ELECTION FOR MAY 1 , 1993 FOR COUNCIL POSITION #2 FOR A THREE YEAR TERM AND COUNCIL POSITIONS #4 AND #6 FOR TWO YEAR TERMS . SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY . **COUN'CILMEMBER MEASELES MOVED TO APPROVE ORDINANCE T93-1 , SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF SECTIONS 4-1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4-48 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND SUBSTITUTING THEREFOR NEW SECTIONS 4- 1 AND 4-3 OF ARTICLE I OF CHAPTER 4 , SECTION 4-48 OF ARTICLE IV OF CHAPTER 4 , ARTICLES V AND VI OF CHAPTER 4 , AND SECTION 7-7 OF ARTICLE I OF CHAPTER 7 , AND BY ADDING TO CHAPTER 4 A NEW ARTICLE VIII ; PROVIDING FOR THE ADOPTION OF THE 1991 EDITIONS OF THE STANDARD BUILDING , MECHANICAL , PLUMBING , GAS , UNSAFE BUILDINGS , AND FIRE PREVENTION CODES ; PROVIDING FOR CERTAIN AMENDMENTS TO SAID CODES ; PROVIDING THAT WOOD SHINGLES OR SHAKES SHALL BE PROHIBITED FOR ALL CONSTRUCTION EXCEPT SINGLE FAMILY RESIDENTIAL , AND THEN ONLY IF TREATED WITH FIRE RETARDANT MATERIALS ; PROHIBITING THE USE OF STAPLES FOR AFFIXING COMPOSITION SHINGLES ; PROVIDING FOR THE APPROVAL OF FOUNDATIONS BY REGISTERED PROFESSIONAL ENGINEERS ; PROVIDING STANDARDS FOR INSTALLATION OF SUBFLOORING OVER JOISTS ; PROVIDING PAVING CONCRETE STANDARDS ; ADOPTING NATIONAL FIRE PROTECTION RELATING TO OPERATION OF AIRCRAFT FACILITIES ; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING A PENALTY OF $1 , 000 FOR EACH DAY OF VIOLATION HEREOF ; PROVIDING FOR SEVERABILITY ; AND PROVIDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE AS OF THE 31ST DAY FOLLOWING ITS ADOPTION . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED 6-1 . COUNCILMEMBER FRANKOVICH OPPOSED . **COUNCILMEMBER STUART MOVED TO APPROVE ORDINANCE T93-2 , AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION AND SECOND AND FINAL READING OF AN ORDINANCE REGARDING ZONING CHANGE REQUEST FOR A 5 . 94 ACRES OF LAND OUT OF REMAINING BACK PORTION OF RESERVE C OF POLLY RANCH SUBDIVISION , FRIENDSWOOD , GALVESTON COUNTY , TEXAS , FROM MULTIPLE FAMILY RESIDENTIAL DWELLING DISTRICT - MEDIUM TO SINGLE FAMILY RESIDENTIAL ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT ; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED FOR A) PAYMENT U CAPITAL PROJECTS 1 ) REST ROOM RENOVATION - LEAVESLEY PARK FACILITY 2) RENOVATION OF OLD ANIMAL IMPOUNDMENT FACILITY 3 ) SHADWELL LANE IMPROVEMENTS 4 ) CENTRAL SERVICE AREA LIFT STATION AND TRUNK LINES B) DISPOSITION OF BID 9�-1 , FM 518 SIDEWALKS FROM SHADWELL LANE TO EAST SPREADING OAKS , AWARDED TO HUBCO , INC . , IN THE AMOUNT OF $29 , 392 .20 C ) APPOINTMENTS AND RE-APPOINT ENTa J-Q BOARDS AND COMMISSIONSI ) APPOINTED TOM MANISON , BENNY BAKER , JIM REINHARTSEN , JEANIE MCHUGH , KENNY KONCABA , GEORGIANNA NICHOLS , PAUL SCHRADER AND EX 4 241 OFFICIO MEMBERS RON COX AND CAROLYN WRIGHT TO THE ECONOMIC DEVELOPMENT COMMITTEE 2 ) APPOINTED PAUL MAAZ , TOM MANISON , JOHN PEW, JANIS LOWE , JEANIE MCHUGH , MIKE MONTZ AND PAUL SCHRADER TO THE INDUSTRIAL DEVELOPMENT CORPORATION 3 ) RE-APPOINTED NANCY HYLE AND APPOINTED RICK AGEE , MONICA BURKE , JIM ROGGANBUCK , AND CINDY YOUNG ' TO THE COMMUNITY APPEARANCE BOARD 4 ) RE-APPOINTED BILL WHEELER , JULIE WICK , JOHN RING AND FRED DUNCAN FOR TWO-YEAR TERMS TO THE ELECTRICAL BOARD D ) ACCEPTANCE OF POLLY RANCH ESTATES , ADDITION #3 , FOR CONTRACTORtS ONE-YEAR MAINTENANCE PERIOD E ) MINUTES OF DECEMBER 7 , DECEMBER 14 , AND JANUARY 4 , WITH CORRECTIONS TO MINUTES OF 12/7 AND 12/ 14 . SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY . COUNCILMEMBER STUART ASKED CITY MANAGER TO CHECK INTO ADDING SIDEWALKS FROM BOUGAINVILLA TO THE EXISTING SIDEWALK CONTRACT . MOTION MADE AND APPROVED FOR ADJOURNMENT AT 8 : 35 P . M . . MAYOR VELYN B . NEWMAN AT S : DELORIS MCKE ZIE , CMC CITY SECRETARY 5 277 REGULAR MEETING FRIENDSWOOD CITY COUNCIL MAY 3 , 1993 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MAY 3 , 1993 AT 7 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR EVELYN B . NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE MAYOR NEWMAN CALLED THE MEETING TO ORDER . INVOCATION WAS GIVEN BY MR . LAWRENCE CLINE . MAYOR NEWMAN LED THE PLEDGE OF ALLEGIANCE . MAYOR NEWMAN WELCOMED COUNCILMEMBER MANISON BACK TO THE CITY AND ANNOUNCED HE IS RECOVERING FROM TWO HEART ATTACKS HE SUFFERED RECENTLY. COUNCILMEMBER MANISON WAS WELCOMED BACK BY A ROUND OF APPLAUSE FROM COUNCIL AND THOSE ATTENDING THE COUNCIL MEETING . MAYOR PRO-TEM MEASELES PRESENTED A PROCLAMATION TO MAYOR EVELYN NEWMAN FOR THE WEEK OF MAY 3 - MAY 9 , "HONORING ALL MOTHERS" . **COUNCILMEMBER MEASELES MOVED FOR APPROVAL OF SECOND AND FINAL READING OF ORDINANCE NO. T93-4 , AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR A . 981 ACRE TRACT OF LAND LOCATED AT 107 SHADWELL DRIVE , FRIENDSWOOD , TEXAS , GALVESTON COUNTY , TEXAS , FROM SINGLE FAMILY RESIDENTIAL ( SFR ) TO OFFICE PARK DISTRICT ( OPD) AS ADOPTED BY ORDINANCE NO . 84- 15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT ; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED 5-1 . MAYOR NEWMAN ABSTAINED . COUNCILMEMBER RALEY OPPOSED . MAYOR NEWMAN REPORTED A TWISTER WENT THRU FRIENDSWOOD EARLY SUNDAY MORNING AND REPORTED SHE HAS REQUESTED ACTING CITY MANAGER TO HAVE CITY CREWS TO WORK WITH BEST WASTE TO PICK UP THE STORM DEBRIS . 1 278 COUNCILMEMBER HAJECATE REPORTED THE LIBRARY FUNDRAISER IS GOING WELL AND THAT SHE HAD THE OPPORTUNITY TO WORK WITH THE FUND RAISING EFFORTS OF THE CHILDREN AT CLINE AND WESTWOOD , REPORTED ON ATTENDING A MEETING WITH MAYOR NEWMAN AT GALVESTON COUNTY COMMISSIONER COURT TO REQUEST FUNDS FOR THE LIBRARY AND REPORTED SHE WILL BE WORKING WITH THE CLEAR LAKE AREA ECONOMIC DEVELOPMENT FOUNDATION AT THE OTC CONFERENCE TO BE HELD IN HOUSTON . COUNCILMEMBER MEASELES THANKED EVERYONE THAT HAS CONTRIBUTED TO THE LIBRARY FUND AND THANKED THE MAYOR FOR HER TIRELESS EFFORT ON THIS FUND RAISING PROJECT. COUNCILMEMBER MANISON THANKED EVERYONE FOR THEIR SUPPORT AND PRAYERS DURING HIS RECENT ILLINESS . COUNCILMEMBER RALEY CONGRATULATED THE CITIZENS OF FRIENDSWOOD FOR SUPPORTING THE LIBRARY FUND RAISER . COUNCILMEMBER FRANKOVICH THANKED THOSE THAT SUPORTED HIS THESE LAST FOUR YEARS AND THAT HE HAS A GOOD FEELING FOR ACCOMPLISHMENTS AND GOALS FOR DRAINAGE PROGRAMS . **COUNCILMEMBER RALEY MOVED TO APPROVE RESOLUTION NO . R93-22 , A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 1 , 1993 , FOR THE PURPOSE OF ELECTING THREE COUNCILMEMBERS FOR THE CITY OF FRIENDSWOOD . SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNIMOUSLY . AT THIS TIME MAYOR NEWMAN AND COUNCILMEMBER THANKED COUNCILMEMBER FRANK FRANKOVICH FOR HIS EFFORTS AND SERVICE TO THE CITY PARTICULARLY HIS EXPERTISE REGARDING DRAINAGE . MAYOR NEWMAN PRESENTED N COU CILMEMBER FRANKOVICH HIS COUNCIL PICTURE AND A PLAQUE IN RECOGNITION OF HIS FOUR YEARS OF SERVICE TO THE CITY COUNCIL . AT THIS TIME , MAYOR NEWMAN RECOGNIZED GALVESTON COUNTY JUDGE RAY HOLBROOK WHO WILL SWEAR IN THE NEWLY ELECTED COUNCILMEMBERS . GALVESTON COUNTY JUDGE RAY HOLBROOK ADMINISTERED THE OATH OF OFFICE TO NEWLY ELECTED COUNCILMEMBERS MEL MEASELES TO POSITION #2 FOR A THREE YEAR TERM, ED STUART TO POSITION #4 AND JANIS LOWE TO POSITION #6 . JUDGE HOLBROOK SPOKE BIEFLY ON THE FUND RAISING EFFORTS FOR THE FRIENDSWOOD LIBRARY AND STATED THE COUNTY WULD HELP AS MUCH AS THEY CAN BUT MUST HELP OTHER CITIES AS WELL. JUDGE HOLBROOK REPORTED ON LEASING MAINLAND HOSPITAL , STATED THE LEASE WILL LIFT A BURDEN FROM THE COUNTY BUDGET WHICH WILL MAKE ROOM FOR BONDING EFFORTS FOR STREETS AND DRAINAGE . JUDGE HOLBROOK THANKED MAYOR AND COUNCIL FOR THE OPPORTUNITY TO COMMENT ON THE COUNTY AND CITY PROJECTS . 2 279 MAYOR NEWMAN THANKED JUDGE HOLBROOK FOR PARTICIPATING IN THE SWEARING IN CEREMONIES . RAYMOND RADNEY THANKED EVERYONE THAT VOTED IN THE CITY ELECTION . COUNCILMEMBER LOWE THANKED THE VOTERS THAT VOTED , THANKED HER OPPONENT FOR ALLOWING THE VOTERS TO HAVE A CHOICE AND THANKED HER FAMILY AND FRIENDS FOR SUPPORTING HER . COUNCILMEMBER LOWE STATED TO MAYOR AND COUNCIL SHE WANTED TO BE A PART OF THE TEAM AND HOPES TO MAKE A DIFFERENCE ON THE COUNCIL . **COUNCILMEMBER LOWE MOVED FOR ADJOURNMENT AT 7 : 40 P .M. SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED . A RECEPTION WAS HELD FOLLOWING THE COUNCIL MEETING TO HONOR OUTGOING AND NEWLY ELECTED COUNCILMEMBERS . MAYOR FVET YN B . NEWMAN ATTEST : DELORIS MCKENZI , CMC CITY SECRETARY 3 A ew d - g,e d STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSW00D CITY COUNCIL TO BE HELD ON FEBRUARY 17 , 1992 AT 7 :00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS, 109 WILLOWICK, FRIENDSWOOD , TEXAS REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW : AGENDA = 7 : 00 PM 1 . CALL TO ORDER . 2 . INVOCATION - COUNCILMEMBER RON RITTER. 3 . PLEDGE OF ALLEGIANCE . u . ANNOUNCEMENTS AND COMMUNICATIONS FROM THE MAYOR . PROCLAMATIONS f A) WEEK OF FEBRUARY 9 - 15, 1992 AS "NATIONAL CRIME PREVENTION WEEK" 5 . ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS. 6 . COMMUNICATIONS FROM THE PUBLIC AND COMMITTEES. A) MR . JOHN MYER , EPA - TO PRESENT UPDATE ON BRIO SITE AB) MR . KEN GILBREATH, CHAIRMAN - TO PRESENT FRIENDSWOOD PUBLIC LIBRARY ANNUAL REPORT C) MR . DALE WELLS , GENERAL MANAGER FOREST PARK EAST TO PRESENT INFORMATION ON THE VIETNAM WALL D) PAULA ODDO , REPRESENTING CAPTAIN ' S CORNER MERCHANTS - TO PRESENT PETITION REGARDING ADDITIONAL SIGNAGE 7 . f CITY MANAGER REPORT. 8 . f CONSIDERATION AND POSSIBLE ACTION REGARDING CHANGE IN LATE PENALTY FOR CUSTOMERS WHO ARE DELINQUENT IN PAYING THEIR CITY UTILITY BILLS. (ES) 9 . * CONSIDERATION AND POSSIBLE ACTION REGARDING SALES TAX PROPOSITIONS TO BE PLACED ON THE MAY 2 , 1992 BALLOT : A . FOR THE ADOPTION OF AN ADDITIONAL ONE HALF CENT SALES AND USE TAX, UNDER THE PROVISIONS OF SECTION 4A OF THE INDUSTRIAL DEVELOPMENT CORPORATION ACT. B. FOR THE ADOPTION OF AN ADDITIONAL ONE HALF CENT SALES AND USE TAX , UNDER THE PROVISIONS OF SECTION 4B OF THE INDUSTRIAL DEVELOPMENT CORPORATION ACT . 1 -- 10 . *CONSIDERATION AND POSSIBLE ACTION REGARDING CHARTER AMENDMENTS TO BE PLACED ON THE MAY 2 , 1992 BALLOT . 11 . *CONSIDERATION AND POSSIBLE ACTION REGARDING CITY ' S WATER RATE STRUCTURE FOR WATER CONSERVATION. (FF) 12. *CONSIDERATION AND POSSIBLE ACTION REGARDING FUNDING FOR NEW FOCUS TRAINING. 13 ESOLUTIONS CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING: A . RESOLUTION R92-8 , A RESOLUTION ESTABLISHING STANDARDS AND GUIDELINES FOR USE OF PUBLIC STREETS FOR DISPLAY OF BANNERS IN ACCORDANCE WITH SECTION 10 OF THE SIGN ORDINANCE FOR PLACEMENT OF BANNERS. B. RESOLUTION R92-10 , A RESOLUTION BY THE MAYOR AND COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS AUTHORIZING AERIAL SPRAYING OVER FRIENDSWOOD BY THE GALVESTON COUNTY HEALTH DISTRICT FOR THE COUNTY-WIDE MOSQUITO CONTROL PROGRAM. C . RESOLUTION R92-11 , ENDORSING U . S . SENATE CATV REGULATIONS 14 . *ORDINANCES A ) CONSIDERATION AND POSSIBLE ACTION REGARDING SECOND AND FINAL READING OF ORDINANCE NO. T92-1 , AN ORDINANCE OF THE CITY OF FRIENDSWOOD , TEXAS , ADOPTING MINIMUM STANDARDS FOR THE MAINTENANCE AND REPAIR OF SANITARY SEWER LINES ON PRIVATE PROPERTY ; PROVIDING SANCTIONS FOR NONCOMPLIANCE HEREWITH , INCLUDING TERMINATION OF WATER AND/OR SEWER SERVICE ; PROVIDING FOR THE FILING OF LIENS ON REAL PROPERTY UPON WHICH CHARGES ARE ASSESSED ; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2 , 000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING FOR SEVERABILITY. B) CONSIDERATION AND POSSIBLE ACTION REGARDING FIRST READING OF ORDINANCE NO. T , AN ORDINANCE APPROVING THE � 92-2 PLANNING AND ZONING COMMISSION RECOMMENDATION AND AMENDING CITY OF FRIENDSWOOD , TEXAS ORDINANCE NO . 84-15 , PASSED AND APPROVED THE 19TH DAY OF NOVEMBER , 1984 , AND BEING THE ZONING ORDINANCE OF THE CITY , REPLACING OFFICIAL ZONING MAP WHICH SUPERCEDES THE PRIOR OFFICIAL ZONING MAP. 15 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONSENT AGENDA AS PRESENTED . A ) PAYMENT OF CAPITAL PROJECTS . 1 . POLICE DEPARTMENT RENOVATIONS 2 . CENTRAL SERVICE LIFT STATION 3 . FM 2351 WATERLINE RELOCATION 4 . BRIARMEADOW WATERLINE EXTENSION 5 . WINDSONG WATERLINE EXTENSION 6 . FM 528 UTILITY RELOCATION 7 . DICKINS014 BAYOU WATERSHED DRAINAGE PLAN - PHASE 1 2 B) DISPOSITION OF BIDS . 1 ) BIDS FOR RESURFACING TENNIS COURTS AT STEVENSON PARK 2) BIDS FOR TWO PICKUP TRUCKS FOR COMMUNITY DEVELOPMENT AND W&S DEPARTMENTS . 3 ) BIDS FOR PAVING PARKING LOT AT RENWICK PARK 4 ) BIDS FOR HEAVY DUTY AIR COMPRESSOR FOR W&S DEPARTMENT 5) BIDS FOR MAINTENANCE OF MEDIANS ON FM-518 , BLACKHAWK BLVD . , AND TOWNES ROAD . C ) CHANGE ORDER #4 IN THE AMOUNT OF $22, 337 . 30 TO KNOX AND BRISCOE CONTRACT FOR FM 528 UTILITY RELOCATIONS . D) AUTHORIZE LETTER FROM MAYOR TO TEXAS DEPARTMENT OF TRANSPORTATION REGARDING DRAINAGE ISSUES RELATED TO TM 528 CONSTRUCTION. E) MINUTES OF FEBRUARY 2 AND 10 , 1992• 16 . ADJOURNMENT. I , DELORIS ARCHER, CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART. 6252-17 , SECTION 3A , ON FEBRUARY 14 , 1 92• DELORIS ARCH R , CMC CITY SECRETARY 3 87 r s REGULAR MEETING FRIENDSWOOD CITY COUNCIL FEBRUARY 17 , 1992 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON FEBRUARY 17 , 1992 AT 7 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS, 109 WILLOWICK, FRIENDSWOOD , - TEXAS WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR PAUL W. SCHRADER MAYOR PRO-TEM HAROLD RALEY COUNCILMEMBER RON RITTER COUNCILMEMBER MEL MEASLES COUNCILMEMBER EVELYN NEWMAN COUNCILMEMBER ED STUART COUNCILMEMBER FRANK FRANKOVICH CITY MANAGER RON COX CITY SECRETARY DELORIS ARCHER INVOCATION WAS GIVEN BY COUNCILMEMBER RON RITTER . MAYOR SCHRADER LED THE PLEDGE OF ALLEGIANCE . MA 6'R SCHRADER PROCLAIMED THE WEEK OF FEBRUARY 9 - 15 , 1992 AS "NU`IONAL CRIME PREVENTION WEEK" AND PRESENTED THE PROCLAMATION TO' POLICE CHIEF STOUT. MAYOR SCHRADER ANNOUNCED COLLECTION OF TAXES IS COMING IN AT A GOOD RATE , SALES TAX REVENUES ARE DOWN OVERALL IN THE COUNTY BUT IN THE CITY IS UP 1 . 8% , CONGRATULATED COUNCILMEMBER MEASELES DAUGHTER SUSAN FOR BEING ON TEXAS A&M DEANS HONOR ROLL , ASKED EVERYONE TO KEEP CITY SECRETARY ' S MOTHER IN THEIR PRAYERS AS SHE HAS GALL BLADDER SURGERY TOMORROW , STATED BOTH SCHOOL SYSTEMS IN FRIENDSWOOD SCORED VERY HIGH IN THE RECENT TASP TEST, REPORTED A FRIENDSWOOD BUSINESS , C . L . VICK CONSTRUCTION WAS RECENTLY AWARDED A CONTRACT IN THE AMOUNT OF $676 , 000 AS REPORTED BY CLEAR LAKE AREA ECONOMIC DEVELOPMENT FOUNDATION AND REPORTED ON CORRESPONDENCE FROM CITY OF LEWISVILLE REGARDING TNP RATE ' S AND ANNOUNCED A PETITION WILL BE AVAILABLE IN THE CITY SECRETARY' S OFFICWE OPPOSING INCREASE IN RATE ' S. COUNCILMEMBER STUART REPORTED HE AND COUNCILMEMBER MEASELES ATTENDED THE MUNICIPAL LEADERSHIP WORKSHOP AND THE FACILITATOR ON THURSDAY , MR . JOHN CARVER SPOKE ON COUNCIL LIAISONS AND COUNCIL DUTIES , OTHER SPEAKERS WERE HENRY CISNEROS, GARY HALTER AND FRANK STURZEL , REPORTED ON CLEAR CREEK REGIONAL PLAN MEETING LAST MONTH AND THE MEETING SCHEDULED FOR .THIS MONTH WILL DISCUSS PROCEDURES FOR THE COMMITTEE AND REPORTED ON ATTENDING A MEETING OF THE G . C .M. & C . REGARDING SELECTION OF APPRAISAL BOARD MEMBERS AND REPORTED THEY WILL MEET AGAIN ON MARCH LOTH. 1 � 3 , 88 COUNCILMEMBER MEASELES ALSO REPORTED ON THE LEADERSHIP WORKSHOP AND STATED THE WORKSHOP WAS WELL ATTENDED AND THE SPEAKERS WERE EXCELLENT , SPEAKING ON VARYING SUBJECTS , REPORTED C . C . D . D . APPROVED RESOLUTION R92-4 , RELOCATION OF TREES AND ARE DEVELOPING A PERSONNEL HANDBOOK AND POLICY ON REVIEW OF PLANS . COUNCILMEMBER RITTER REPORTED ON THE RECENT C . C . I . S.D . SCHOOL BOARD MEETING WHERE DISCUSSION WAS HELD REGARDING THE OVERCROWDING OF LANDOLT AND REPORTED ON THE DECISION TO SEND STUDENTS FROM LANDOLT TO CREEKSIDE FOR A THREE YEAR PERIOD . COUNCILMEMBER RITTER ANNOUNCED THAT AFTER MUCH CONSIDERATION , HE WILL NOT SEEK RE-ELECTION TO POSITION 1 IN ORDER TO SPEND TIME WITH HIS FAMILY , CHURCH AND BUSINESS . MR . JOHN MYER WITH ENVIRONMENTAL PROTECTION AGENCY APPEARED BEFORE COUNCIL TO PRESENT AN UPDATE ON THE SUPERFUND DIXIE OIL PROCESSOR AND BRIO SITE . MR . MYER REPORTED MUD GULLY WILL BE WIDENED , THERE WILL NOT BE A TRAFFIC LIGHT INSTALLED AT THIS TIME ON DIXIE FARM ROAD , REPORTED THERE WILL BE A NEW FACT SHEET COMING OUT SOON , REPORTED THE CLEAN UP OF DIXIE OIL SHOULD BE BY SEPTEMBER OR OCTOBER , ADDRESSED MUD GULLY RUN OFF AND REPORTED BRIO IS IN REMEDIAL DESIGN PHASE . MR . KEN GILBREATH , CHAIRMAN PRESENTED THE FRIENDSWOOD PUBLIC LIBRARY ANNUAL REPORT WHICH OUTLINED THE GROWTH IN USERS , ADDRESSED LIMITED SPACE AND THANKED THE LIBRARY STAFF FOR A JOB SELL DONE . MR . DALE WELLS , GENERAL MANAGER FOREST PARK EAST APPEARED BEFORE COUNCIL TO PRESENT INFORMATION ON THE "VIETNAM WALL EXPERIENCE" THAT WILL BE BROUGHT TO THIS AREA ON MARCH 2OTH THROUGH MARCH 22ND AND REQUESTED A PROCLAMATION DECLARING MARCH 21ST AT VIETNAM VETERANS DAY . MS . PAULA ODDO , REPRESENTING CERTAIN CAPTAIN ' S CORNER MERCHANTS APPEARED BEFORE COUNCIL TO PRESENT A PETITION REQUESTING COUNCIL ALLOW ADDITIONAL SIGNAGE FOR THE OVERHANG AREA 'S . MAYOR SCHRADER REQUESTED MS . ODDO MEET WITH THE CITY MANAGER REGARDING THIS MATTER . MS . MARJORIE HOFFMAN APPEARED BEFORE COUNCIL TO REQUEST CITY PARTICIPATION FOR SENIOR CITIZEN CLEAN UP PROJECTS FOR STUDENTS DURING SPRING BREAK . COUNCIL SUGGESTED THIS REQUEST BE FORWARDED TO THE COMMUNITY APPEARANCE BOARD . CITY MANAGER REPORTED NO BIDS WERE RECEIVED ON TWO PARCELS OF LAND;---H-A-T 'WERE RECENTLY BID WHICH WILL BE RE-BID AT A LATER DATE , RE QRTED ON THE CITY BASEBALL COMPLEX CONSTRUCTION OF NEW FI }DS , DEVELOPMENT OF POLICY ON MAINTENANCE OF ESPLANADES AND MEDIANS , REPORTED CLASSIFICATION PAY PLAN WILL BE ON NEXT AGENDA , REPORTED C . C . I . S . D . IS MOVING FORWARD ON PLANS TO CONSTRUCT A ELEMENTARY SCHOOL ON FRIENDSWOOD LINK ROAD AND A COMMITTEE WILL BE FORMED WHICH WILL INCLUDE A MEMBER OF CITY STAFF TO ASSIST IN THIS TRANSITION . 2 89 COUNCILMEMBER RITTER RECOMMENDED THE CITY USE THE SAVINGS FROM THE BID FOR PAVING OF RENWICK PARK WITH AN ADDITIONAL $2 , 000 BE ALLOCATED BY BUDGET AMENDMENT FOR THE ADDITIONAL BASEBALL FIELDS. COUNCILMEMBER FRANKOVICH ASKED CITY MANAGER IF THE SUNMEADOW HOMEOWNERS ASSOCIATION HAS BEEN ADVISED THE CITY WILL NOT MAINTAIN THE MEDIANS. CITY MANAGER ADVISED THEY HAVE NOT BEEN ADVISED AS THE POLICY HAS NOT BEEN DEVELOPED . CITY ATTORNEY ADVISED THE CITY DOES HAVE TO MAINTAIN BUT NOT TO THE DEGREE THE HOMEOWNERS ASSOCIATION DESIRES . MAYOR SCHRADER STATED THE POLICY NEEDS TO BE DEVELOPED AND A RECOMMENDATION SHOULD BE BROUGHT TO COUNCIL . COUNCILMEMBER MEASELES ASKED WHAT IMPACT THE NEW BASEBALL FIELDS WILL HAVE ON THE SOCCER PLAYING AREA . PARKS DIRECTOR ADVISED ADDITIONAL AREA HAS BEEN ALLOCATION FOR SOCCER FIELDS . COUNCILMEMBER FRANKOVICH ASKED HOW ADDITIONAL FIELDS WILL IMPACT T-BALL . PARKS DIRECTOR ADVISED THERE WILL BE MORE USAGE OF THE FIELDS WITH NIGHT TIME USAGE . MAYOR SCHRADER ASKED CITY MANAGER THE STATUS OF THE ZIP CODE PROJECT. CITY MANAGER ADVISED HE WILL CHECK ON THE STATUS . DISCUSSION WAS HELD REGARDING CHANGE IN LATE PENALTY FOR CUSTOMERS WHO ARE DELINQUENT IN PAYING THEIR CITY UTILITY BILLS WITH COUNCILMEMBER STUART RECOMMENDING CHANGING THE LATE PENALTY FEE TO 5% WITH NO ACTION WAS TAKEN ON THIS MATTER . **COUNCILMEMBER FRANKOVICH MOVED TO APPROVE THE SALES Tja PROPOSITIONS BE PLACED ON THE MAY 2 , 1992 BALLOT FOR THE ADOPTION OF AN ADDITIONAL ONE HALF CENT SALES AND USE TAX, UNDER THE PROVISIONS OF SECTION 4A OF THE INDUSTRIAL DEVELOPMENT CORPORATION ACT AND FOR THE ADOPTION OF AN ADDITIONAL ONE HALF CENT SALES AND USE TAX, UNDER THE PROVISIONS OF SECTION uB OF THE INDUSTRIAL DEVELOPMENT CORPORATION ACT AND AUTHORIZE CITY SECRETARY AND CITY ATTORNEY PREPARE A RESOLUTION TO PLACE THESE ITEMS ON THE MAY 2 , 1992 BALLOT. SECONDED BY COUNCILMEMBER MEASELES. MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO APPROVE THE CHARTER AMENDMENTS AS PROPOSED BY THE CHARTER REVIEW COMMISSION BE PLACED ON THE MAY 2 , 1992 BALLOT . SECONDED BY COUNCILMEMBER FRANKOVICH. ***COUNCILMEMBER RITTER MOVED TO AMEND THE MAIN MOTION TO APPROVE THE CHARTER AMENDMENT AS PROPOSED EXCEPT AMENDMENT NUMBER TEN REGARDING TERM LIMITATIONS. SECONDED BY COUNCILMEMBER NEWMAN. FAILED 6- 1 . COUNCILMEMBER RITTER FOR THE MOTION . ***MAYOR SCHRADER MOVED TO APPROVE ADDING AN CHARTER AMENDMENT FOR CLARIFICATION FOR AUTHORITY TO COLLECT AD VALOREM TAXES . SECONDED BY COUNCILMEMBER NEWMAN. MOTION APPROVED UNANIMOUSLY . 3 a 90 ***COUNCILMEMBER FRANKOVICH MOVED TO DIVIDE AMENDMENT NUMBER TEN INTO TWO PARTS FOR TERM LIMITATIONS AND LENGTH OF TERM AND ADD IN "CONSECUTIVE" TERMS . - - SECGNUED- BY COUNCILMEMBER RITTER . MOTION APPROVED UNANIMOUSLY. �h- ** AIN MOTION , AS AMENDED , APPROVED UNANIMOUSLY . **COUNCILMEMBER FRANKOVICH MOVED TO AUTHORIZE CITY ATTORNEY DRAFT A ORDINANCE FOR A FLAT RATE OF $2. 10 FOR WATER USAGE FOR WATER CONSERVATION. SECONDED BY COUNCILMEMBER MEASELES. APPROVED 5-2. COUNCILMEMBER STUART AND COUNCILMEMBER RITTER OPPOSED. **COUNCILMEMBER RITTER MOVED TO APPROVE ALLOCATION OF $1 , 500 FOR NEW FOCUS TRAINING. SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER NEWMAN MOVED TO APPROVE RESOLUTION R92-8 , A RESOLUTION ESTABLISHING STANDARDS AND GUIDELINES FOR USE OF PUBLIC STREETS FOR DISPLAY OF BANNERS IN ACCORDANCE WITH SECTION 10 OF THE SIGN ORDINANCE FOR PLACEMENT OF BANNER . SECONDED BY COUNCILMEMBER STUART. ***COUNCILMEMBER RITTER MOVED TO AMEND THE MAIN MOTION TO INCLUDE THE LOCATION FOR PLACEMENT OF THE BANNER IN THE RESOLUTION . SECONDED BY MAYOR SCHRADER . MOTION APPROVED UNANIMOUSLY . ****MAIN MOTION , AS AMENDED , APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO APPROVE RESOLUTION R92-10 , A RESOLUTION BY THE MAYOR AND COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS AUTHORIZING AERIAL SPRAYING OVER FRIENDSWOOD BY THE GALVESTON COUNTY HEALTH DISTRICT FOR THE COUNTY-WIDE MOSQUITO CONTROL PROGRAM. SECONDED BY COUNCILMEMBER NEWMAN . MOTION APPROVED UNANIMOUSLY. -- -�C-OUtMIt-NtEMBER RITTER MOVED TO APPROVE RESOLUTION R92-1 1 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , SUPPORTING THE APPROVAL OF THE UNITED STATES SENATE BILL S-12 TO REVISE THE CABLE COMMUNICATIONS POLICY ACT OF 1984 , AND EXPRESSING GENERAL CONCERN ABOUT THE NEED FOR GREATER LOCAL GOVERNMENT REGULATORY AUTHORITY AND URGING THE PRESIDENT NOT TO VETO THE FINAL LAW. SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RITTER MOVED TO APPROVE SECOND AND FINAL READING OF ORDINANCE NO. T92-1 , AN ORDINANCE OF THE CITY OF FRIENDSWOOD , TEXAS , ADOPTING MINIMUM STANDARDS FOR THE MAINTENANCE AND REPAIR OF SANITARY SEWER LINES ON PRIVATE PROPERTY; PROVIDING SANCTIONS FOR NONCOMPLIANCE HEREWITH, INCLUDING TERMINATION OF WATER AND/OR SEWER SERVICE ; PROVIDING FOR THE FILING OF LIENS ON REAL PROPERTY UPON WHICH CHARGES ARE ASSESSED ; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2 , 000 FOR EACH DAY OF VIOLATION HEREOF ; 4 91 AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER NEWMAN MOVED TO APPROVE FIRST READING OF ORDINANCE NO . T92-2 , AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION AND AMENDING CITY OF FRIENDSWOOD , TEXAS ORDINANCE NO. 84-15 , PASSED AND APPROVED THE 19TH DAY OF NOVEMBER , 1984 , AND BEING THE ZONING ORDINANCE OF THE CITY , REPLACING OFFICIAL ZONING MAP WHICH SUPERSEDES THE PRIOR OFFICIAL ZONING MAP . SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED UNANIMOUSLY . **f"%':pNCILMEMBER RITTER MOVED TO APPROVE THE CONSENT AGENDA AS PREVENTED FOR PAYMENT OF CAPITAL PROJECTS ( 1 ) POLICE DEPARTMENT RENOVATIONS ( 2) CENTRAL SERVICE LIFT STATION ( 3) FM 2351 WATERLINE RELOCATION ( 4 ) BRIARMEADOW WATERLINE EXTENSION ( 5) WINDSONG WATERLINE EXTENSION ( 6 ) FM 528 UTILITY RELOCATION (7 ) DICKINSON BAYOU WATERSHED DRAINAGE PLAN - PHASE 1 , B) DISPOSITION OF BIDS 1 ) AWARD OF BID FOR RESURFACING TENNIS COURTS AT STEVENSON PARK TO COURTS-N-STUFF FOR $9 , 950 ( 2 ) REJECT BIDS FOR TWO PICKUP TRUCKS FOR COMMUNITY DEVELOPMENT AND W&S DEPARTMENTS AND AUTHORIZE FOR REBID ( 3 ) AWARD OF BID FOR PAVING PARKING LOT AT RENWICK PARK TO DURWOOD GREENE CONSTRUCTION COMPANY FOR $40 , 597 . 00 ( 4 ) AWARD OF BID FOR HEAVY DUTY AIR COMPRESSOR FOR W&S DEPARTMENT TO PRIME EQUIPMENT SALES RENTAL FOR $9 , 375 . 00 ( 5 ) AWARD OF BID FOR MAINTENANCE OF MEDIANS ON FM-518 , BLACKHAWK BLVD . , AND TOWNES ROAD TO PROFESSIONAL LAWN AND JANITORIAL FOR $13 , 800 ANNUALLY ( C ) APPROVED CHANGE ORDER #4 IN THE AMOUNT OF $22 , 337 . 30 TO KNOX AND BRISCOE CONTRACT FOR FM 528 UTILITY RELOCATIONS (D ) AUTHORIZE LETTER FROM MAYOR TO TEXAS DEPARTMENT OF TRANSPORTATION REGARDING DRAINAGE ISSUES RELATED TO FM 528 CONSTRUCTION AND ( E) MINUTES OF FEBRUARY 2 AND 10 , 1992. SECONDED BY COUNCILMEMBER NEWMAN . MOTION APPROVED UNANIMOUSLY. COUNCILMEMBER RITTER STATED FOR THE RECORD , HE HAD STATED HIS OBJECTION TO THE CURRENT CONTRACTOR THAT HAS MAINTAINED MEDIANS AND ESPLANADES ON FM 518 AND BLACKHAWK BOULEVARD AND TOWNES ROAD . **MOTION MADE AND APPROVED FOR ADJOURNMENT AT 9 : 25 PM. AYOR PAUL W. SCHRADER AT T . D LO IS AR R . CMC CITY SECRETARY 5 119 SPECIAL MEETING FRIENDSWOOD CITY COUNCIL APRIL 13 , 1992 MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON APRIL 13 , 1992 AT 7 : 00 P . M . AT FRIENDSWOOD CITY HALL , WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM : MAYOR PAUL W . SCHRADER MAYOR PRO—TEM HAROLD RALEY COUNCILMEMBER RON RITTER COUNCILMEMBER MEL MEASELES COUNCILMEMBER EVELYN NEWMAN COUNCILMEMBER ED STUART COUNCILMEMBER FRANK FRANKOVICH CITY MANAGER RON COX CITY SECRETARY DELORIS ARCHER MAYOR SCHRADER ANNOUNCED F . I . S . D . STUDENT GOVERNMENT DAY WAS HELD TODAY AT CITY HALL AND THANKED COUNCILMEMBERS STUART AND NEWMAN STAFF FOR PARTICIPATING . MAYOR SCHRADER ANNOUNCED THE FRIENDSWOOD HANGER SQUARES WILL HOST THEIR HANGER JUBILEE ON MAY 2 AT JONES HANGER AND AN INVITATION HAS BEEN EXTENDED TO COUNCILMEMBERS TO ENJOY A BARBECUE DINNER FROM 5 : 00 TO 6 : 00 PM . AND THE DANCE TO BE HELD AT 6 : 30 PM . THE FIVE STAR SPIRIT COMMITTEE PRESENTED THE PROGRAM THAT HAS BEEN IMPLEMENTED FOR RECOGNITION OF A OUTSTANDING EMPLOYEE QUARTERLY . THE FIVE STAR SPIRIT COMMITTEE SELECTED THE FIVE STAR SPIRIT THEME WHICH REPRESENTS *COURTEOUS , *COMPETENT , *RELIABLE , *PROFESSIONAL AND *ENTHUSIASTIC . NOMINATIONS WILL BE ACCEPTED FROM CITIZENS AND STA FF FOR A EMPLOYEE THAT EXHIBITS THE FIVE STAR SPIRIT . THE EMPLOYEE SELECTED WILL RECEIVE A PLAQUE , CHOICE OF A DAY OFF OR A $ 100 . 00 SAVINGS BOND AND WILL BE PRESENTED BY THE CITY MANAGER AT A COUNCIL MEETING . THE MEMBERS OF THE COMMITTEE WERE RECOGNIZED AS DELORIS ARCHER , CHAIRMAN , JIMMIE HOLLAND , CINDY EDGE , BILL BROWN , DONALD LA BLANC , RUTH HENRY , SHIRLEY HAYES AND ALEX BUENROSTRO . A JOINT DISCUSSION WAS HELD WITH CLEAR CREEK DRAINAGE DISTRICT TO DISCUSS CLEAR CREEK REGIONAL WATERSHED PROJECT — PRELIMINARY ALTERNATE DESIGN REPORT. COUNCILMEMBER STUART DISCUSSED THE PROPOSED PLAN TO USE 150 ACRES OFF FM �2 8—FOR A REGIONAL DETENTION POND AND SUGGESTED THE AREA OFF MELODY LANE BY FRANKIE CARTER RANDOLPH PARK BE LOOKED AT INSTEAD OF THE FM §-ZB AREA . COUNCILMEMBER STUART STATED SEVERAL SMALLER SITES COULD BE USED AS A ALTERNATIVE PLAN . COUNCILMEMBER FRANKOVICH EXPRESSED CONCERN REGARDING THE DEPTH OF CHANNELIZATION ON CHIGGER CREEK AROUND THE SUNMEADOW SUBDIVISION AND THE OVERALL EFFECT OF THE EXISTING CHANNELIZATION IN a > x > i r r > s s s s > x 120 FRIENDSWOOD DOWNSTREAM . COUNCIL REQUESTED DANNENBAUM ENGINEERING AND HARRIS COUNTY FLOOD CONTROL BE INVITED TO THE NEXT COUNCIL MEETING TO DISCUSS THESE CONCERNS . A PRESENTATION WAS MADE BY PENNY BURKE ON BEHALF OF THE YOUTH SPORTS FACILITIES COMMITTEE . MS . BURKE INTRODUCED LEE GRIFFITH , PAST PRESIDENT OF THE SOCCER LEAGUE AND DAVE POWERS , PRESIDENT OF THE FOOTBALL ASSOCIATION . MS . BURKE REQUESTED COUNCIL CONSIDERATION FOR DEDICATION OF A PORTION OF THE NEW SALES TAX , IF PASSED , TO PROVIDE FOR A NEW SPORTS DEVELOPMENT OF 40 TO 50 ACRES . THE COMMITTEE HAD INITIALLY IDENTIFIED FIVE SITES BUT TWO SITES HAVE ALREADY BEEN SOLD . THE COMMITTEE REPORTED THAT ONE FAMILY HAD INDICATED THEY WILL DONATE $50 , 000 TOWARDS THIS PROJECT . THE PROJECT WOULD INCLUDE TWENTY THREE SOCCER FIELDS , THREE FOOTBALL FIELDS , A POND , PARKING CONCESSION STANDS AND LIGHTING . THE COMMITTEE REPORTED THE APPROXIMATE COST FOR THIS PROJECT WOULD BE $625 , 00 FOR PURCHASE OF LAND , $30 , 000 FOR FIELDS , $390 , 000 FOR LIGHTING AND STREET CONSTRUCTION AND $200 , 000 FOR PARKING AND CONCESSIONS . COUNCIL ADVISED THE COMMITTEE THERE IS A MASTER PARK PLAN PROPOSED AND THE DRAFT RFP SETS OUT REQUIREMENTS FOR DEVELOPER TO DEDICATE AREAS FOR PARKS , DISCUSSED THE POSSIBILITY OF GALVESTON COUNTY DEVELOPING A PARK IN FRIENDSWOOD , DISCUSSED THE PROJECTS IDENTIFIED TO USE THE NEW SALES TAX FUNDS AS LIBRARY , CITY HALL/CIVIC CENTER AND PARKS AND THE POSSIBILITY OF PROPERTY BEING DONATED DEVELOPMENT OF PARKS ALONG THE CREEKS . DISCUSSION WAS HELD REGARDING A COMPREHENSIVE PLAN FOR THE CITY OF FRIENDSWOOD . STAFF REPORTED IT HAS BEEN OVER TWENTY YEARS SINCE A PLAN OF THIS TYPE HAS BEEN DEVELOPED FOR THE CITY . STAFF DISCUSSED THE APPROACH TO TAKE TO BEGIN TO PREPARE THE SCOPE OF WORK FOR CONSULTANTS TO PREPARE PROPOSALS . COUNCIL DISCUSSED THE DIFFERENT ALTERNATIVES FOR PREPARING THE RFP WHICH WILL TAKE SEVERAL MONTHS . COUNCIL STATED STAFF SHOULD USE EXISTING INFORMATION AND MOVE FORWARD AS QUICKLY AS POSSIBLE ON THE RFP AND TO INCLUDE PARKS AND DRAINAGE . DISCUSSION WAS HELD THAT FUNDING FOR THIS PROJECT IS NOT BUDGETED AND FUNDING WILL HAVE TO BE DETERMINED . STAFF ADVISED THAT THE CITY OF SEABROOK WHICH IS NOT A ZONED CITY , RECENTLY COMPLETED A COMPREHENSIVE PLAN FOR $ 120 , 000 . CITY MANAGER ESTIMATED THE COST TO INCLUDE THE PARKS AND DRAINAGE WOULD BE BETWEEN $15 , 000 AND $30 , 000 . COUNCIL DISCUSSED INCLUDING SIDEWALKS AND HOW MUCH ADDITIONAL PARK LAND IS NEEDED IN THE PARKS PLAN . CITY MANAGER ADVISED STAFF WILL RESEARCH FIRMS THAT CAN DO THIS TYPE OF PROJECT . COUNCIL DETERMINED STAFF SHOULD PREPARE A SCOPE OF WORK AND SEND OUT REQUESTS FOR PROPOSALS . MOTION MADE AND APPROVED FOR ADJOURNMENT : 15 PAUL W. SCHRADER ATT T : DELORIS ARCHE CMC CITY SECRETARY 2 .J 'J .J 'Y 'J J J J 1 j j j j d. j s 4 STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON JUNE 8 , 1992 AT 7 : 00 P.M• AT FRIENDSWOOD CITY HALL , 109 WILLOWICK , FRIENDSWOOD , TEXAS , REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: AGENDA 1 . CALL TO ORDER : 2 . * DISCUSSION REGARDING EXPANSION OF LIBRARY FACILITIES. 3 . f DISCUSSION REGARDING REVIEW OF THE PRELIMINARY DICKINSON BAYOU WATERSHED REGIONAL DRAINAGE PLAN . 4 . ADJOURNMENT: I , DELORIS ARCHER , CITY SECRETARY OF THE CITY OF FRIENDSWOOD DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART. 6252-17 , SECTION 3A , ON JUNE 5 , 1992 A 5 : 00 PM. 4 z4o - DELORIS ARCH R , CM CITY SECRETARY DA :MEETING NOTICE AGN . SPE 141 SPECIAL MEETING FRIENDSWOOD CITY COUNCIL JUNE 8 , 1992 MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON JUNE 8 , 1992 AT 7 : 00 P . M. AT FRIENDSWOOD CITY HALL , 109 WILLOWICK , FRIENDSWOOD , TEXAS , WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM : MAYOR EVELYN B. NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY MANAGER RON COX CITY SECRETARY DELORIS ARCHER DISCUSSION WAS HELD REGARDING EXPANSION OF LIBRARY FACILITIES WAS HELD WITH LIBRARY DIRECTOR CLAUDIE PETTIGREW, LIBRARY CHAIRMAN KEN GILBREATH , BOARD MEMBERS LILA HITTER , VICKY MIDDENTS AND RUTH LAY . MS . PETTIGREW OUTLINED EXPANSION POSSIBILITIES , SUGGESTING ADDING APPROXIMATELY 1 , 392 SQ . FT. ADJACENT TO THE PRESENT REFERENCE ROOM AN AN ELL SHAPED EXTENSION OF THAT ROOM AND TO ADD 4 , 642 SQ . FT. ATOP THE PROPOSED 1 , 39.2 SQ . FT. ADDITION AND THE EXISTING 3 , 250 SQ . FT. . DISCUSSION WAS HELD REGARDING EXPANSION OF THE LIBRARY TQ THE LITTLE LIBRARY . DISCUSSION WAS ALSO HELD REGARDING NEED FOR -ADDITIONAL PARKING . MS . PETTIGREW RECOMMENDED A LIBRARY CONSULTANT BE EMPLOYED TO PROVIDE FOR LONG RANGE NEEDS AND LAND AVAILABILITY FEASIBILITY STUDY. CHAIRMAN GILBREATH AND BOARD MEMBERS CONCURRED WITH MS . PETTIGREWIS RECOMMENDATION . AFTER THE CONSULTANT COMPLETES THE STUDY , A WRITTEN REPORT WILL BE PROVIDED TO COUNCIL AFTER REVIEW BY THE LIBRARY BOARD . DISCUSSION REGARDING REVIEW OF THE PRELIMINARY DICKINSON BAYOU WATERSHED REGIONAL DRAINAGE PLAN . COMMUNITY DEVELOPMENT DIRECTOR JIMMY THOMPSON PRESENTED THE PLAN . REPORTED WALSH ENGINEERING INC . , HAS PREPARED SOME PRELIMINARY BASELINE INFORMATION REGARDING THE FLOODPLAIN IN THE WATERSHED AND STATED OUR PORTION OF THE WATERSHED IS VERY SMALL , BUT MOST OF IT IS NOW DETERMINED TO BE FLOODPLAIN WITH A INCREASE FROM 4 , 000 ACRES TO 20 , 000 ACRES . REPORTED WITHIN THAT DOCUMENT, THEY HAVE ALSO PROPOSED DIFFERENT ALTERNATIVES FOR ENFORCEMENT OF THE PLAN. PRESENTED AN EXHIBIT OF THE CHANGE IN FLOODPLAIN , AND A REPORT OF THE PROPOSED DRAINAGE CRITERIA MANUAL THAT IS BEING PREPARED AT THE MEETING AND REPORTED THE DOCUMENT IS VERY SIMILAR TO THE CLEAR CREEK REGIONAL WATERSHED PLAN IN ITS PRESENTATION AND RECOMMENDATIONS. REPORTED THIS PRELIMINARY REPORT WILL GO BACK TO THE COMMITTEE i 142 AND THE FINAL REPORT WILL BE APPROVED BY COUNCIL AND REPORTED THE DATA WILL BE SUBMITTED TO FEMA FOR REVIEW AND POSSIBLE UPDATE OF THE FEMA MAPS WHICH WOULD TAKE APPROXIMATELY TWO YEARS . MOTION MADE AND APPROVED FOR ADJOURNMENT AT MAYOR 9VELYNB. NEWMAN 4DELRIS4CMC CITY SECRETARY DA : MEETING NOTICE AGN . SPE r ' _Agewdd - STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON JULY 20 , 1992 AT 5 : 30 PM AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBERS, 109 WILLOWICK, FRIENDSWOOD , TEXAS REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: AGENDA = 5 : 90 Ph 1 . CALL TO ORDER . 2. * EXECUTIVE SESSION. TEXAS OPEN MEETINGS LAW 6252-17 , TEXAS VERNON ' S CIVIL STATUTES (f) PURCHASE , EXCHANGE , LEASE OR VALUE OF REAL PROPERTY: (g) APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE, OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE, -OR TO HEAR COMPLAINTS OR CHARGES AGAINST SUCH OFFICER OR EMPLOYEE. (A) LAKE FRIENDSWOOD/WINDEMERE PROPERTIES (B) ACQUISITION OF MUNICIPAL PROPERTY ( C) INTERVIEW APPLICANTS FOR ASSOCIATE JUDGE. 7 : 00 IM - 2. INVOCATION - REVEREND GARY TALIAFERRO, CHURCH OF CHRIST. 3 . PLEDGE OF ALLEGIANCE. 4 . ANNOUNCEMENTS AND COMMUNICATIONS FROM THE MAYOR. 5. ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS. 6 . COMMUNICATIONS FROM THE PUBLIC AND COMMITTEES. A) PAUL SCHRADER - TO PRESENT UPDATE ON BRIO SUPERFUND B) CHUCK HARVEY - 4TH OF JULY STEERING COMMITTEE REPORT ON 4TH OF JULY 7 . f CITY MANAGER REPORT. 8 . * CONSIDERATION AND POSSIBLE ACTION REGARDING PURCHASE OF LAKE "'777 FRIENDSWOOD/WINDEMERE PROPERTIES. 9 . * CONSIDERATION AND POSSIBLE ACTION REGARDING APPOINTMENT OF ASSOCIATE JUDGE TO MUNICIPAL COURT. 1 , 10 . #CONSIDERATION AND POSSIBLE ACTION REGARDING SELECTION OF CONSULTANT TO PREPARE DRAINAGE MASTER PLAN . 11 . *RESOLUTIONS CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING : A ) RESOLUTION NO . R92-32 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES, SUPPORT OF THE PROPOSED CHANGES TO THE CURRENT PROCEDURES OF ELECTING THE GALVESTON CENTRAL APPRAISAL DISTRICT ' S BOARD OF DIRECTORS . B) RESOLUTION NO . R92-33 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES , SUPPORTING THE RESOLUTIONS OF CITY OF NASSAU BAY , CITY OF TAYLOR LAKE VILLAGE , CITY OF SEABROOK AND CITY OF EL LAGO , RECOGNIZING THE DUTY OF THE TEXAS DEPARTMENT OF TRANSPORTATION TO MEET THE NEEDS OF THE CITIZENS OF THE STATE OF TEXAS THROUGH PLANNING , CONSTRUCTION AND MAINTENANCE OF HIGHWAYS ; A STATEMENT OF IMMEDIATE NEED TO INCREASE CAPACITY AND RAISE THE ELEVATION OF STATE HIGHWAY NASA ROAD ONE ; THREAT TO LIFE AND PROPERTY CREATED BY INADEQUATE TRAFFIC CAPACITY ; ADVERSE IMPACT TO STATE AND LOCAL ECONOMIC DEVELOPMENT ; STRONG POSITIVE LOCAL SUPPORT FOR PROMPT ACTION AND URGING THE DEPARTMENT OF TRANSPORTATION TO FULFILL ITS OBLIGATION TO COMPLETE NASA ROAD ONE IMPROVEMENTS AS PROPOSED ; INDIVIDUAL AND JOINT PROTE4ST OF ANY UNREASONABLE DELAY ; AND REQUEST FOR WRITTEN ACKNOWLEDGEMENT AS TO THE STATUS OF SUCH PROJECT AND EXPLANATION OF ANY EVENT OR ACTION GIVING CAUSE FOR DELAY , IF ANY . 12 . *ORDINANCES CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING : A ) ORDINANCE NO . 92-9 , SECOND AND FINAL READING OF ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY BEING A TRACT OF LAND , 3 . 1 ACRES OF LAND ( CSC ) AND 8 . 9 ACRES OF LAND ( SFR ) LOCATED IN THE 2500 BLOCK OF FM 528 & COUNTRY CLUB ROAD , BEING A PART OF THE MARY SLOAN SURVEY , ABSTRACT 184 , GALVESTON COUNTY , TEXAS ; FROM COMMUNITY SHOPPING CENTER AND SINGLE FAMILY RESIDENTIAL COMMUNITY SHOPPING CENTER AND SINGLE FAMILY RESIDENTIAL DWELLING ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO . 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT . B ) ORDINANCE NO . 92-10 , FIRST READING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY BEING A TRACT OF LAND , 39 . 9 ACRES OF LAND SAVE AND EXCEPT 3 . 4 ACRES ( CSC ) TRACT NO . 1 , LOTS 4 , 5 , 6 & 7 , BLOCK 6 , ANTOINETTE VOSS SUBDIVISION OF PART OF THE SARAH MCKISSICK LEAGUE IN GALVESTON COUNTY , TEXAS , TRACT NO . 2 , PART OF LOT 1 IN BLOCK 8 OF THE ANTOINETTE VOSS SUBDIVISION OF PART OF THE SARAH MCKISSICK LEAGUE IN 2 FROM MULTI FAMILY RESIDENTIAL TO SINGLE FAMILY RESIDENTIAL ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. 13 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONSENT AGENDA AS PRESENTED : A) PAYMENT OF CAPITAL PROJECTS 1 ) FM 528 UTILITY RELOCATION 2) STEVENSON PARK IMPROVEMENTS 3) CLOVER RIDGE WATERLINE 4) CENTRAL SERVICE AREA LIFT STATION 5 ) SAN JOAQUIN DRAINAGE IMPROVEMENTS 6 ) STADIUMLANE WATERLINE EXTENSION 7 ) 1992 STREET IMPRROVEMENTS - SHADY NOOK B) ACCEPTANCE OF EAGLE LAKES SECTION II FOR THE CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD . C) AUTHORIZE EXECUTION OF CONTRACT WITH REED-STOWE & CO. , TO PROVIDE CONSULTANT SERVICES REGARDING STORER CABLE COMMUNICATIONS FRANCHISE AGREEMENT. D) REQUEST FROM HOPE LUTHERAN CHURCH FOR STREET BANNER USE PERMIT TO PLACE BANNER ACROSS SOUTH FRIENDSWOOD DRIVE. E) MINUTES OF JUNE 1 , 3 AND 8 , 1992. 14 . ADJOURNMENT . I , DELORIS MCKENZIE ARCHER , CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART . 6252-17 , SECTION 3A , ON JULY 17 , 1992. DEL RIS MCK ZI ARC ER , CMC CITY SECRETARY MEETING NOTICES AGENDA 3 157 REGULAR MEETING FRIENDSWOOD CITY COUNCIL JULY 20 , 1992 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON JULY 20 , 1992 AT 5o30 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM : MAYOR EVELYN B . NEWMAN MAYOR PRO—TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY ATTORNEY TODD STEWART CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE ARCHER MAYOR NEWMAN CALLED THE MEETING TO ORDER AT 5 : 30 P .M. . COUNCIL CONVENED INTO EXECUTIVE SESSION IN ACCORDANCE WITH TEXAS OPEN MEETINGS LAW 6252-17 , TEXAS VERNON ' S CIVIL STATUTES ( f) PURCHASE , EXCHANGE , LEASE OR VALUE OF REAL PROPERTY : ( g) APPOINTMENT , EMPLOYMENT, EVALUATION , REASSIGNMENT, DUTIES , DISCIPLINE , OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE , OR TO HEAR COMPLAINTS OR CHARGES AGAINST SUCH OFFICER OR EMPLOYEE . ( A ) LAKE FRIENDSWOOD/WINDEMERE PROPERTIES ( B) ACQUISITION OF MUNICIPAL PROPERTY ( C ) INTERVIEW APPLICANTS FOR ASSOCIATE JUDGE . 7 : 00 P .M . INVOCATION WAS GIVEN BY REVEREND GARY TALIAFERRO , CHURCH OF CHRIST . MAYOR NEWMAN LED THE PLEDGE OF ALLEGIANCE . MAYOR NEWMAN RECOGNIZED THE 25TH ANNIVERSARY OF REVEREND NORMAN FRY WITH 1ST BAPTIST CHURCH OF FRIENDSWOOD AND REPORTED ON MEETING WITH CLEAR CREEK DRAINAGE DISTRICT REGARDING FLOODING PROBLEMS AND WAYS TO SOLVE THE PROBLEMS . COUNCILMEMBER RALEY REPORTED HE MET WITH THE LIBRARY BOARD LAST THURSDAY AND HEARD A REPORT FROM THE LIBRARY CONSULTANT ON LIBRARY EXPANSION . COUNCILMEMBER STUART REPORTED ON ATTENDING THE CLEAR CREEK REGIONAL FLOOD CONTROL MEETING LAST THURSDAY AND REPORTED SIX OF THE THIRTEEN ENTITIES INVOLVED HAVE APPROVED THE CHANNILIZATION PLAN . 1 158 � . J COUNCILMEMBER MANISON REPORTED HE ATTENDED THE H . C .M. & C . MEETING LAST THURSDAY AND ATTENDED THE CONCERT IN THE PARK ON FRIDAY AND STATED HE IS REAL PLEASED WITH THE FINE ARTS CONTRIBUTION TO OUR COMMUNITY AND WITH THE QUALITY OF BANDS . MAYOR NEWMAN REPORTED CONSTRUCTION HAS BEGUN ON THE JOGGING TRAIL AT STEVENSON PARK . COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE C . C . D . D . MEETING LAST WEEK AND REPORTED THE PERMIT HAS BEEN APPROVED FOR FM 528 AND CHIGGER CREEK , ATTENDED C . L . C . OF C . MEETING AND REPORTED THAT NEXT MONTH ' S SPEAKER WILL BE KAY EASTEP WITH BEST WASTE WHO WILL SPEAK ON SOLID WASTE AND ELIZABETH HUBBARD FROM QUIK KOPY , REQUESTED PARKS DEPARTMENT TO LOOK AT ADDITIONAL SEATING AREA BY THE CASTLE PLAYGROUND EQUIPMENT AT STEVENSON PARK , ATTENDED H . C . M. & C . MEETING WHERE KAREN KENROD FROM T . M. L . SPOKE ON LEGISLATIVE AFFAIRS AND EXPRESSED SUPPORT FOR SPACE STATION FREEDOM . COUNCILMEMBER HAJECATE ALSO EXPRESSED SUPPORT FOR SPACE STATION FREEDOM . MR . BERNARD NEELEY APPEARED BEFORE COUNCIL TO EXTEND AN INVITATION TO MAYOR AND COUNCIL TO ATTEND A SPAGHETTI SUPPER BENEFIT AT SONLIGHT MISSION BAPTIST CHURCH . MS . EVELYN BRENNEN APPEARED BEFORE COUNCIL TO EXPRESS OPPOSITION TO THE REZONING REQUEST ON WINDING WAY FOR MINI GOLF . MR . PAUL SCHRADER , BRIO LIAISON , APPEARED BEFORE COUNCIL TO PRESENT AN UPDATE ON BRIO SUPERFUND PROJECT . MR . CHUCK HARVEY PRESENTED A REPORT ON THE 1992 4TH OF JULY FESTIVITIES ON BEHALF OF THE 4TH OF JULY STEERING COMMITTEE . MR . HARVEY THANKED MAYOR AND COUNCIL FOR THEIR SUPPORT OF THE 4TH OF JULY , STATED THE CELEBRATION WAS A GREAT SUCCESS WITH APPROXIMATELY EIGHT TO NINE THOUSAND PEOPLE INSIDE THE STADIUM ATTENDING THE NIGHT PROGRAM WHICH FEATURED WESTERN SINGER TRISHA YEARWOOD . CITY MANAGER REPORTED ON INFILTRATION AND INFLOW PROGRAM, 92-93 BUDGET WORKSHOP SCHEDULE , LIBRARY EXPANSION STUDY , NEGOTIATIONS WITH PARKS CONSULTANT AND UPDATE ON CABLE LEGISLATION . COUNCILMEMBER FRANKOVICH ASKED IF CITY HAS STANDARD DETAILS ON EXPANSION JOINTS FOR SIDEWALKS OR DRIVEWAYS AND IF CITY HAS A ACTIVE PROGRAM WITH THE JOINT SEALER FOR STREETS AND REPORTED THE BACKFLOW FLAP INSTALLED AT WINDSONG LOOKS GOOD . COUNCILMEMBER STUART ASKED CITY MANAGER TO ADVISE IF CITY BILLS BLACKHAWK SEWER PLANT FOR WATER . 2 . 159 **COUNCILMEMBER MANISON MOVED TO PROCEED WITH ACQUISITION OF OF LAKE FRIENDSWOOD/WINDEMERE PROPERTIES WITH AMOUNT NOT TO EXCEED $80 , 000 , WITH $50 , 000 FROM PARKS GRANT AND CITY BUDGETED FUNDS OF $30 , 000 . SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED 6-1 . COUNCILMEMBER STUART OPPOSED . **COUNCILMEMBER STUART MOVED TO APPOINT MRS . SHERRY GERMAN AS ASSOCIATE JUDGE TO MUNICIPAL COURT . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO APPROVE NEGOTIATIONS WITH CLAUNCH AND MILLER AND LICHLITER/JAMESON FOR CONSULTANT TO PREPARE DRAINAGE MASTER PLAN . SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER HAJECATE MOVED TO APPROVE RESOLUTION R92-32 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES , SUPPORT OF THE PROPOSED CHANGES TO THE CURRENT PROCEDURES OF ELECTING THE GALVESTON CENTRAL APPRAISAL DISTRICT ' S BOARD OF DIRECTORS . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE RESOLUTION NO . R92-33 , A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS , GALVESTON/HARRIS COUNTIES , SUPPORTING THE RESOLUTIONS OF CITY OF NASSAU BAY , CITY OF TAYLOR LAKE VILLAGE , CITY OF SEABROOK AND CITY OF EL LAGO , RECOGNIZING THE DUTY OF THE TEXAS DEPARTMENT OF TRANSPORTATION TO MEET THE NEEDS OF THE CITIZENS OF THE STATE OF TEXAS THROUGH PLANNING , CONSTRUCTION AND MAINTENANCE OF HIGHWAYS ; A STATEMENT OF IMMEDIATE NEED TO INCREASE CAPACITY AND RAISE THE ELEVATION OF STATE HIGHWAY NASA ROAD ONE ; THREAT TO LIFE AND PROPERTY CREATED BY INADEQUATE TRAFFIC CAPACITY ; ADVERSE IMPACT TO STATE AND LOCAL ECONOMIC DEVELOPMENT; STRONG POSITIVE LOCAL SUPPORT FOR PROMPT ACTION AND URGING THE DEPARTMENT OF TRANSPORTATION TO FULFILL ITS OBLIGATION TO COMPLETE NASA ROAD ONE IMPROVEMENTS AS PROPOSED ; INDIVIDUAL AND JOINT PROTEST OF ANY UNREASONABLE DELAY ; AND REQUEST FOR WRITTEN ACKNOWLEDGMENT AS TO THE STATUS OF SUCH PROJECT AND EXPLANATION OF ANY EVENT OR ACTION GIVING CAUSE FOR DELAY , IF ANY . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINANCE NO . 92-9 , SECOND AND FINAL READING OF ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY BEING A TRACT OF LAND , 3 . 1 ACRES OF LAND ( CSC ) AND 8 . 9 ACRES OF LAND ( SFR ) LOCATED IN THE 2500 BLOCK OF FM 528 & COUNTRY CLUB ROAD , BEING A PART OF THE MARY SLOAN SURVEY , ABSTRACT 184 , GALVESTON COUNTY , TEXAS ; FROM COMMUNITY SHOPPING CENTER AND SINGLE FAMILY RESIDENTIAL COMMUNITY SHOPPING CENTER AND SINGLE FAMILY RESIDENTIAL DWELLING ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO . 84- 15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT . 3 160 SECONDED BY ED STUART . MOTION APPROVED 6- 1 . COUNCILMEMBER . FRANKOVICH OPPOSED . **COUNCILMEMBER STUART MOVED TO APPROVE ORDINANCE NO. 92- 10 , FIRST READING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY BEING A TRACT OF LAND , 39 . 9 ACRES OF LAND SAVE AND EXCEPT 3 . 4 ACRES ( CSC) TRACT NO . 1 , LOTS 4 , 5 , 6 & 7 , BLOCK 6 , ANTOINETTE VOSS SUBDIVISION OF PART OF THE SARAH MCKISSICK LEAGUE IN GALVESTON COUNTY , TEXAS , TRACT NO . 2 , PART OF LOT 1 IN BLOCK 8 OF THE ANTOINETTE VOSS SUBDIVISION OF PART OF THE SARAH MCKISSICK LEAGUE IN GALVESTON COUNTY , TEXAS , MORE PARTICULARLY DESCRIBED AS LOCATED ON WINDING WAY AND FM 518 ABUTTING PILGRIMS POINT; FROM MULTI FAMILY RESIDENTIAL TO SINGLE FAMILY RESIDENTIAL ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO . 84- 15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER HAJECATE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED FOR A) PAYMENT OF CAPITAL PROJECTS 1 ) FM 528 UTILITY RELOCATION 2) STEVENSON PARK IMPROVEMENTS 3) CLOVER RIDGE WATERLINE 4 ) CENTRAL SERVICE AREA LIFT STATION 5) SAN JOAQUIN DRAINAGE IMPROVEMENTS 6 ) STADIUM LANE WATERLINE EXTENSION 7 ) 1992 STREET IMPROVEMENTS - SHADY NOOK B) ACCEPTANCE OF EAGLE LAKES SECTION II FOR THE CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD C ) AUTHORIZE EXECUTION OF CONTRACT WITH REED-STOWE & CO . , TO PROVIDE CONSULTANT SERVICES REGARDING STORER CABLE COMMUNICATIONS FRANCHISE AGREEMENT D ) REQUEST FROM HOPE LUTHERAN CHURCH FOR STREET BANNER USE PERMIT TO PLACE BANNER ACROSS SOUTH FRIENDSWOOD DRIVE AND E) MINUTES OF JUNE 1 , 3 AND 8 , 1992 . SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY . MOTION MADE AND APPROVED FOR ADJOURNMENT AT 8 : 00 PM. ZY-0 Z 1/�, MAYOR VELY B . NEWMAN ATTEST : DELORIS MCKEN IE CH , CMC CITY SECRETARY 4 r _ AgeRdd - STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON AUGUST 17 , 1992 AT 6 : 30 PM AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBERS, 109 WILLOWICK , FRIENDSWOOD TEXAS REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: AGENDA 6 : 30 PM 1 . CALL TO ORDER . 2. * EXECUTIVE SESSION TEXAS OPEN MEETINGS LAW 6252-17 , TEXAS VERNON ' S CIVIL STATUTES (g) APPOINTMENT, EMPLOYMENT, EVALUATION REASSIGNMENT , DUTIES, DISCIPLINE , OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE, OR TO HEAR COMPLAINTS OR CHARGES AGAINST SUCH OFFICER OR EMPLOYEE . ( 1 ) INTERVIEW APPLICANTS FOR PLANNING AND ZONING COMMISSION. 7 : 00 PM 3. INVOCATION - REVEREND DON MEADOR , FRIENDSWOOD METHODIST CHURCH. 4 . PLEDGE OF ALLEGIANCE . 5 . * DOCKETED PUBLIC REARING TO RECEIVE PUBLIC COMMENT, EITHER ORAL OR WRITTEN , REGARDING A REQUEST TO REZONE 3 . 28 ACRES OF LAND , MORE OR LESS BEING TRACT ONE AND TWO OF RESERVE A, CONSISTING OF LOTS 1-5 , FORESTWOOD SUBDIVISION, FOREST CREEK , HARRIS COUNTY , TEXAS , MORE PARTICULARLY DESCRIBED AS BEING BORDERED BY TIMPANI DR . , OXNARD LANE AND TOWNES FOREST, FROM SINGLE FAMILY RESIDENCE (SFR) TO MULTI-FAMILY RESIDENCE (MFR) FOR PATIO HOMES . 6 . * ANNOUNCEMENTS AND COMMUNICATIONS FROM THE MAYOR . A) PROCLAMATIONS 1 ) WEEK OF AUGUST 18-21 , 1992 AS "BACK TO SCHOOL" 2) MONDAY, SEPTEMBER 7 , 1992 AS "JERRY LEWIS TELETHON DAY" 7 . ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS. 1 8 . * COMMUNICATIONS FROM THE PUBLIC AND COMMITTEES. e A) MR . LEN RADOFF — REPORT ON LIBRARY EXPANSION B) MR . DOUG MURPHY , J . D . ABRAMS, INC . — REPORT ON FM 528 AND FM 2351 CONSTRUCTION PROJECTS C) MR . J . T. DUNKIN , J . T. DUNKIN & ASSOCIATES , INC . — PRESENTATION ON PARKS AND OPEN SPACE MASTER PLAN 9 . * CITY MANAGER REPORT. 10 . *CONSIDERATION AND POSSIBLE ACTION REGARDING SOLID WASTE AND RECYCLING CONTRACTS WITH BEST WASTE SYSTEMS . 11 . *CONSIDERATION AND POSSIBLE ACTION REGARDING AUTHORIZING EXECUTION OF AGREEMENT WITH J . T. DUNKIN & ASSOCIATES, INC . , TO PREPARE PARKS , RECREATION AND OPEN SPACE MASTER PLAN. 12 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPOINTMENT TO PLANNING AND ZONING COMMISSION. 13 . *REGARDING ENTERING INTO A CONTRACT FOR THE PURCHASE OF PROPERTY LOCATED AT 416 SOUTH FRIENDSWOOD DRIVE . 14 . *FY1992- 1991 BUDGET RELATED MATTERS A . CONSIDERATION AND POSSIBLE ACTION REGARDING 1992 TAX RATE CALLING PUBLIC HEARINGS AS REQUIRED AND AUTHORIZING PUBLICATION OF REVENUES AND EXPENDITURES . B . CONSIDERATION AND POSSIBLE ACTION REGARDING GENERAL APPROVAL OF PROPOSED FY1992-1993 BUDGET. 15 . *RESOLUTIONS CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING : A) RESOLUTION NO. R92-35 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS APPROVING AND AUTHORIZING THE ORGANIZATION OF A MULTI AGENCY RESPONSE TO POLICE CALLS THAT HOLD A HIGH RISK OR SPECIAL THREAT TO A CITIZEN AND THAT REQUIRE THE SERVICES OF OFFICERS SPECIFICALLY TRAINED IN THE PEACEFUL RESOLUTION OF SUCH CASES. B) RESOLUTION R92-36 , A RESOLUTION EXPRESSING THE SUPPORT OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , FOR THE ADOPTION OF LEGISLATION TO ALLOW THE CREATION AND OPERATION OF CEMETERIES WITHIN THE CITY. 16 . *ORDINANCES CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING : A) ORDINANCE NO. T92-11 , FIRST READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY ADDING TO ARTICLE II OF CHAPTER 3 THEREOF A NEW SECTION 3-42 . 5 ; PROVIDING IT UNLAWFUL FOR ANY PERSON TO FAIL TO PROMPTLY REMOVE AND DISPOSE OF, IN A SANITARY MANNER , FECES LEFT BY A DOG OR CAT BEING HANDLED BY SUCH PERSON ON PROPERTY OTHER THAN THE PREMISES OF THE OWNER OR HANDLER OF SUCH DOG OR CAT; PROVIDING IT UNLAWFUL FOR ANY PERSON WALKING A DOG OR CAT TO BE WITHOUT A SUITABLE CONTAINER OR INSTRUMENT FOR THE 2 REMOVAL AND DISPOSAL OF SUCH FECES ; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING EXCEPTIONS; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2 , 000 FOR VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY. B) ORDINANCE NO . T92-12 , FIRST READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD , TEXAS , ORDINANCE NO. 91 -3 , PASSED AND APPROVED THE 4TH DAY OF FEBRUARY , 1991 , AS AMENDED BY ORDINANCE NO . 91 -33 , PASSED AND APPROVED THE 2ND DAY OF DECEMBER , 1991 , WHICH ORDINANCE PROHIBITS THE SALE OF ANY ALCOHOLIC BEVERAGE FROM A PLACE OF BUSINESS WHICH IS LOCATED WITHIN 300 FEET OF A CHURCH, PUBLIC SCHOOL , PUBLIC HOSPITAL , OR RESIDENCE , BY STRIKING ALL OF SECTION 1 THEREOF AND SUBSTITUTING THEREFOR A NEW SECTION 1 ; PROVIDING IT SHALL BE UNLAWFUL TO SELL OR OFFER FOR SALE ANY ALCOHOLIC BEVERAGE FOR ON PREMISE CONSUMPTION EXCEPT WHEN SOLD WITH , AND INCIDENTAL TO , THE SALE OF PREPARED FOODS IN DINING ESTABLISHMENTS , PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2 , 000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY . 17 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONSENT AGENDA AS PRESENTED : A ) PAYMENT OF CAPITAL PROJECTS 1 ) CENTRAL SERVICE AREA LIFT STATION AND TRUNK LINES B) ACCEPTANCE OF JOGGING TRAIL AT STEVENSON PARK C ) ESTABLISH SEPTEMBER 14 , AND SEPTEMBER 21 , 1992 , AS REGULAR CITY COUNCIL MEETING DATES , DUE TO LABOR DAY HOLIDAY D ) ACCEPTANCE OF ORCHARD SUBDIVISION FOR THE CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD E) MINUTES OF JULY 6 , 1992 . 18 . ADJOURNMENT . I , DELORIS MCKENZIE , CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART. 6252-17 , SECTION 3A , ON AUGUST 14 , 1992 . 22 1 2 7 DE 0HIIS MCK ZI , CMC CITY SECRETARY 3 167 REGULAR MEETING FRIENDSWOOD CITY COUNCIL AUGUST 17 , 1992 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON AUGUST 17 , 1992 AT 6 : �0 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM : MAYOR EVELYN B . NEWMAN COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER MEL MEASELES COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE MAYOR NEWMAN CALLED THE MEETING TO ORDER . COUNCIL CONVENED IN EXECUTIVE SESSION ACCORDING TO TEXAS OPEN MEETINGS LAW 6252-17 , TEXAS VERNON ' S CIVIL STATUTES ( g) APPOINTMENT , EMPLOYMENT , EVALUATION REASSIGNMENT , DUTIES , DISCIPLINE , OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE , OR TO HEAR COMPLAINTS OR CHARGES AGAINST SUCH OFFICER OR EMPLOYEE . ( 1 ) INTERVIEW APPLICANTS FOR PLANNING AND ZONING COMMISSION . COU14CIL RECONVENED IN OPEN SESSION WITH ACTION TAKEN LATER IN THIS MEETING . INVOCATION WAS GIVEN BY REVEREND DON MEADOR , FRIENDSWOOD METHODIST CHURCH . MAYOR NEWMAN LED THE PLEDGE OF ALLEGIANCE . MAYOR NEWMAN AND PLANNING AND ZONING COMMISSION CHAIRMAN , BENNY BAKER CALLED A DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE PUBLIC COMMENT, EITHER ORAL OR WRITTEN , REGARDING A REQUEST TO REZONE 3 . 28 ACRES OF LAND , MORE OR LESS BEING TRACT ONE AND TWO OF RESERVE A , CONSISTING OF LOTS 1 -5 , FORESTWOOD SUBDIVISION , FOREST CREEK , HARRIS COUNTY , TEXAS , MORE PARTICULARLY DESCRIBED AS BEING BORDERED BY TIMPANI DR . , OXNARD LANE AND TOWNES FOREST , FROM SINGLE FAMILY RESIDENCE ( SFR) TO MULTI-FAMILY RESIDENCE (MFR ) FOR PATIO HOMES . DAVID SMITH APPEARED FOR THE DEVELOPER TO ADDRESS THIS PROPOSED PROJECT . 1 168 r ` MR . LEWIS SIMMONS FROM WEDGEWOOD VILLAGE SUBDIVISION PRESENTED A PETITION IN OPPOSITION OF THE PROJECT. MR . JOHN HUGHES PRESENTED A PETITION IN OPPOSITION OF THE PROJECT . MR . BILL WARBATH , MR . BILL GRUTE , MS . JEANETTE MCLUSSICK , MR . RANDY HAZELWOOD , MR . MARK GREEN , MR . MCCRACK AND MS . RITA HAZELWOOD APPEARED IN OPPOSITION TO THIS PROJECT , EXPRESSING CONCERNS ABOUT SEWER SYSTEM CAPACITY , TRAFFIC , PROPERTY VALUES , TURNING INTO RENTAL PROPERTY . HEARING NO FURTHER INPUT , THE PUBLIC HEARING WAS CLOSED . MAYOR NEWMAN PROCLAIMED WEEK OF AUGUST 18-21 , 1992 AS "BACK TO SCHOOL" , MONDAY , SEPTEMBER 7 , 1992 AS "JERRY LEWIS TELETHON DAY" AND PRESENTED THE PROCLAMATION TO DICK DAUGIRD AND KITTEN HAJECATE AND NUMEROUS VOLUNTEERS AND PROCLAIMED AUGUST 17 , 1992 AS "GRAMMY D" DAY IN HONOR OF THE BIRTH OF THE FIRST GRANDCHILD OF CITY SECRETARY DELORIS MCKENZIE . MAYOR NEWMAN REPORTED ON THE SUCCESSFUL PRAYER BREAKFAST AND THE PRO-ACTIVE ACTION OF POLICE OFFICER BRAD WORLEY . COUNCILMEMBER FRANKOVICH REPORTED HE ATTENDED THE CLEAR CREEK DRAINAGE DISTRICT MEETING WITH COUNCILMEMBER MEASELES LAST TUESDAY AND REPORTED A MEMBER OF THE CCDD BOARD WAS APPOINTED TO WORK WITH THE CITY TO EXPEDITE SOME THE DRAINAGE PROJECTS , REPORTED ON CITY OF GALVESTON WASTE OIL RECYCLING PROGRAM AND REQUESTED CITY MANAGER TO LOOK AT THIS PROGRAM AND SUGGESTED A WORKSHOP TO TALK ABOUT TAX INCENTIVE ZONES TO ATTRACT BUSINESSES . COUNCILMEMBER RALEY STATED HE WAS GLAD TO BE BACK AND CONGRATULATED COUNCIL ON THE ALL THE WORK THAT WAS ACCOMPLISHED DURING HIS ABSENCE . COUNCILMEMBER STUART REPORTED ON ATTENDING A MEETING WEDNESDAY WITH POLLY RANCH HOMEOWNERS TO DISCUSS THE ROUTE FOR THE EASEMENT FOR THE SOUTH INTERCEPTOR LINE FOR SEWER FACILITIES , EXPRESSED CONCERN FOR SAFETY AND LIABILITY PURPOSES WITH THE OVERHEAD STRUCTURE OVER CLEAR CREEK , REPORTED ON ATTENDING THE H . G . A . C . MEETING ON WEDNESDAY , REPORTED ON ATTENDING THE CLEAR CREEK STEERING COMMITTEE MEETING WEDNESDAY NIGHT AND MEETING WITH CITY MANAGER AND FINANCE DIRECTOR ON THE BUDGET . COUNCILMEMBER MEASELES REPORTED ON MEETING WITH THE C . C .D .D . WITH COUNCILMEMBER FRANKOVICH , ATTENDING THE CLEAR LAKE COUNCIL OF CITIES WHERE KAY EASTEP WITH BEST WASTE/WASTE MANAGEMENT PRESENTED A PROGRAM ON "DON ' T BAG IT" FOR YARD WASTE AND SUGGESTED FRIENDSWOOD IMPLEMENT THIS TYPE OF PROGRAM, REPORTED ON THE HOUSTON 2 X 2 PROGRAM TO PLANT TWO MILLION TREES AND THAT TREES WILL BE AVAILABLE FOR SURROUNDING CITIES , DISCUSSED THE CITY OF DENTON ORDINANCE ON PLUMBING CODE FOR A HEAT EXCHANGER PROGRAM. COUNCILMEMBER HAJECATE CONGRATULATED RHONDA GUZZETTA ON HER RECENT ELECTION TO THE F . I .S. D . SCHOOL BOARD AND NOTED THAT THE CITY COUNCIL PORTRAITS HAVE BEEN HUNG, INCLUDING THE PORTRAIT OF COUNCILMEMBER FRANKOVICHI 2 169 MR . LEN RADOFF PRESENTED THE SUMMARY REPORT ON LIBRARY EXPANSION , EVALUATION AND RECOMMENDATION . MR . KEN GILBREATH , CHAIRMAN OF THE LIBRARY BOARD THANKED MR . RADOFF FOR HIS PRESENTATION AND INTRODUCED LIBRARY BOARD MEMBERS MIKE MEZZINO AND RUTH LAY AND LIBRARY DIRECTOR CLAUDIE PETTIGREW . MR . DOUG MURPHY WITH J . D . ABRAMS , INC . PRESENTED A STATUS REPORT ON FM 528 AND FM 2351 CONSTRUCTION PROJECTS . MR . J . T . DUNKIN WITH J . T . DUNKIN & ASSOCIATES , INC . , GAVE A PRESENTATION ON PARKS AND OPEN SPACE MASTER PLAN . CITY MANAGER REPORTED ON COMPOSTING STUDY BY SUMMER INTERN , ETHAN BURKE , JOGGING TRAIL CHANGE ORDER IN THE AMOUNT OF $1 , 246 , STATUS OF DRAINAGE MASTER PLAN NEGOTIATIONS AND REPORTED ON TRIP TO ARKANSAS TO OBSERVE HAZARDOUS WASTE INCINERATOR TO BE USED AT THE BRIO SITE . **COUNCILMEMBER MEASELES MOVED TO APPROVE A THREE YEAR SOLID WASTE AND RECYCLING CONTRACT WITH BEST WASTE SYSTEMS . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE AUTHORIZING EXECUTION OF AGREEMENT WITH J . T . DUNKIN & ASSOCIATES , INC . , TO PREPARE PARKS , RECREATION AND OPEN SPACE MASTER PLAN. SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE MAYOR NEWMAN ' S APPOINTMENT OF MR . DON DICKSON TO THE PLANNING AND ZONING COMMISSION . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE PROCEEDING WITH NEGOTIATIONS FOR CONTRACT FOR THE PURCHASE OF PROPERTY LOCATED AT 416 SOUTH FRIENDSWOOD DRIVE IN THE AMOUNT OF $460 , 000 FOR LIBRARY PURPOSES SUBJECT TO INSPECTIONS AND FINANCING . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER FRANKOVICH MOVED TO APPROVE SETTING THE 1992 TAX RATE AT . 663 , CALLING PUBLIC HEARINGS AS REQUIRED AND AUTHORIZING PUBLICATION OF REVENUES AND EXPENDITURES . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED 6- 1 . COUNCILMEMBER STUART OPPOSED . A LENGTHY DISCUSSION WAS HELD REGARDING GENERAL APPROVAL OF PROPOSED FY1992- 1993 BUDGET . MAYOR NEWMAN REQUESTED COUNCILMEMBER STUART TO WORK ON A FIVE YEAR ROAD PROGRAM. COUNCILMEMBER MANISON STRONGLY RECOMMENDED STAYING WITH CLEAR LAKE AREA ECONOMIC DEVELOPMENT FOUNDATION AND REQUESTED BUDGETING OF $6 , 000 FOR MEMBERSHIP WITH COUNCIL CONCURRING BUT REQUESTING QUARTERLY REPORTS , COUNCILMEMBER FRANKOVICH URGED FUNDING FOR DRAINAGE AND COUNCILMEMBER STUART STATED HE HAD SEVERAL BUDGET 3 170 CUTS HE WOULD LIKE TO PROPOSE AND WILL WORK WITH CITY MANAGER AND FINANCE DIRECTOR , **COUNCILMEMBER STUART MOVED TO APPROVE RESOLUTION NO . R92-35 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS APPROVING AND AUTHORIZING THE ORGANIZATION OF A MULTI AGENCY RESPONSE TO POLICE CALLS THAT HOLD A HIGH RISK OR SPECIAL THREAT TO A CITIZEN AND THAT REQUIRE THE SERVICES OF OFFICERS SPECIFICALLY TRAINED IN THE PEACEFUL RESOLUTION OF SUCH CASES . SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE RESOLUTION R92-36 , A RESOLUTION EXPRESSING THE SUPPORT OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , FOR THE ADOPTION OF LEGISLATION TO ALLOW THE CREATION AND OPERATION OF CEMETERIES WITHIN THE CITY . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINANCE NO . T92-11 , FIRST READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY ADDING TO ARTICLE II OF CHAPTER 3 THEREOF A NEW SECTION 3- 42 . 5 ; PROVIDING IT UNLAWFUL FOR ANY PERSON TO FAIL TO PROMPTLY REMOVE AND DISPOSE OF , IN A SANITARY MANNER , FECES LEFT BY A DOG OR CAT BEING HANDLED BY SUCH PERSON ON PROPERTY OTHER THAN THE PREMISES OF THE OWNER OR HANDLER OF SUCH DOG OR CAT ; PROVIDING IT UNLAWFUL FOR ANY PERSON WALKING A DOG OR CAT TO BE WITHOUT A SUITABLE CONTAINER OR INSTRUMENT FOR THE REMOVAL AND DISPOSAL OF SUCH FECES ; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING EXCEPTIONS ; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2 , 000 FOR VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE ORDINANCE NO . T92-12 , FIRST READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD , TEXAS , ORDINANCE NO . 91 -3 , PASSED AND APPROVED THE 4TH DAY OF FEBRUARY , 1991 , AS AMENDED BY ORDINANCE NO . 91 -33 , PASSED AND APPROVED THE 2ND DAY OF DECEMBER , 1991 , WHICH ORDINANCE PROHIBITS THE SALE OF ANY ALCOHOLIC BEVERAGE FROM A PLACE OF BUSINESS WHICH IS LOCATED WITHIN 300 FEET OF A CHURCH , PUBLIC SCHOOL , PUBLIC HOSPITAL , OR RESIDENCE , BY STRIKING ALL OF SECTION 1 THEREOF AND SUBSTITUTING THEREFOR A NEW SECTION 1 ; PROVIDING IT SHALL BE UNLAWFUL TO SELL OR OFFER FOR SALE ANY ALCOHOLIC BEVERAGE FOR ON PREMISE CONSUMPTION EXCEPT WHEN SOLD WITH , AND INCIDENTAL TO, THE SALE OF PREPARED FOODS IN DINING ESTABLISHMENTS , PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2 , 000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE CONSENT AGENDA AS PRESENTED FOR A ) PAYMENT OF CAPITAL PROJECTS 1 ) CENTRAL SERVICE AREA LIFT STATION AND TRUNK LINES B ) ACCEPTANCE OF JOGGING TRAIL AT STEVENSON PARK C ) ESTABLISH SEPTEMBER 14 , AND SEPTEMBER 21 , 1992 , AS REGULAR CITY COUNCIL MEETING DATES , DUE TO LABOR DAY HOLIDAY D ) ACCEPTANCE OF ORCHARD SUBDIVISION FOR THE 4 171 CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD AND E ) MINUTES OF JULY 6 , 1992 . SECONDED BY COUNCILMEMBER RALEY , MOTION APPROVED UNANIMOUSLY . MOTION MADE AND APPROVED FOR ADJOURNMENT AT 10 : 30 P . M. . MAYOR VELYN B . NEWMAN ATTEST : DELORIS MCKE ZIE , 1fCMC CITY SECRETARY 5 STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENPMWOAT CITY COUNCIL TO BE HELD OOUNCZLEMBER 14 , 19910AT 7WOOLOWICK, FRIENDSWOOD CITY HALL , FRIENDSWOOD , TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: 1 . CALL TO ORDER . 2 . INVOCATION - REVEREND MICHAEL LOGAN , SON LIGHT MISSION BAPTIST CHURCH. 3. PLEDGE OF ALLEGIANCE. 4 . 0 DOCKETED PIIBLIC EITHER ORAL OR WRITTEN, REGARDING TO RECEIVE PUBLIC. COMMENT, OPERATING BUDGET. CITY OF FRIENDSWOOD S 1992-1993 5.0 ANNOUNCEMENTS AND 'COMMUHICATIONS FROM THE MAYOR. A) PROC AMAT - 1 . SEPTEMBER , 1992 AS "NATION 2. TIIESDAY , SEPTEMBER 22 ' 1AL 2,LITERACY MONTH" BUSINESS WOMENS ASSOCIATION DAY" FOR ALVIN/FRIENDSWOOD AREA ACHIEVERS. 6 . ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS. 7 . * COMMUNICATIONS FROM THE PUBLIC AND COMMITTEES. A) MR . DAN MORGAN - PRESENTATION ON 1993 FOURTH OF JULY ACTIVITIES. B) MR . FRED KRCH - TO PRESENT DOCUMENT ON DRAINAGE IN THE AREA OF WOODLAWN AND W. SHADOWBEND . 8 . * CITY MANAGER REPORT. 9. * CONSIDERATION AND POSSIBLE ACTION REGARDING SPONSORS FOR FOURTH OF JULY PROGRAMS . 1 $, 10 . *CONSIDERATION AND POSSIBLE ACTION REGARDING FINANCING OF MUNICIPAL FACILITIES AND PUBLIC WORKS PROJECTS : A ) DETERMINE AMOUNTS TO BE FINANCED . B) APPROVE SCHEDULE OF EVENTS FOR THE ISSUANCE OF CERTIFICATES OF OBLIGATION . C) APPROVE AGREEMENT WITH RAUSCHER PIERCE REFSNES, INC. , TO ACT AS CITY ' S FINANCIAL ADVISOR FOR THE ISSUANCE OF CERTIFICATES OF OBLIGATION . D) APPROVE AGREEMENT WITH MCCALL , PARKHURST AND HORTON TO ACT AS BOND COUNSEL FOR THE ISSUANCE OF CERTIFICATES OF OBLIGATION . 11 . *CONSIDERATION AND POSSIBLE ACTION REGARDING PLANNING AND ZONING RECOMMENDATION TO DENY A REQUEST TO REZONE 3 .28 OF LAND OUT OF RESERVE A , FOREST CREEK SUBDIVISION, ALSO KNOWN AS FORESTWOOD , FROM SINGLE FAMILY RESIDENTIAL TO MULTI-FAMILY RESIDENTIAL-LOW DENSITY . 12. *C.ONSIDERATION AND POSSIBLE ACTION REGARDING PLANNING AND ZONING CORRESPONDENCE REGARDING A REQUEST TO REZONE 1 .04 ACRES OF- LAND OUT OF THE J . R . WILLIAMS LEAGUE LOCATED - AT 1410 WINDING WAY FROM COMMUNITY SHOPPING CENTER DISTRICT TO SPECIFIC USE-MINI GOLF . 13. *RESOLUTI CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING: p) RESOLUTION NO• B92=3Z, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY SECRETARY TO EXECUTE AND ATTEST, RESPECTIVELY , AN AGREEMENT BY AND BETWEEN SAID CITY AND HARRIS COUNTY , TEXAS , WHICH AGREEMENT PROVIDES FOR ACCESS TO THE COMPUTER SERVICES OF THE SOUTHEAST TEXAS CRIME INFORMATION CENTER . 14 . *ORDINANCES CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING : A) ORDINANCE N0, T92=11, SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY ADDING TO ARTICLE II OF CHAPTER 3 THEREOF A NEW SECTION 3-42. 5 ; PROVIDING IT UNLAWFUL FOR ANY PERSON TO FAIL TO PROMPTLY REMOVE AND DISPOSE OF , IN A SANITARY MANNER , FECES LEFT BY A DOG OR CAT BEING HANDLED BY SUCH PERSON ON PROPERTY OTHER THAN THE PREMISES OF THE OWNER OR HANDLER OF SUCH DOG OR CAT ; PROVIDING IT UNLAWFUL FOR ANY PERSON WALKING A DOG OR CAT TO BE WITHOUT A SUITABLE CONTAINER OR INSTRUMENT FOR THE REMOVAL AND DISPOSAL OF SUCH FECES; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING EXCEPTIONS ; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2 , 000 FOR VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY . B) ORDINANCE N0 . T92-12 , SECOND AND FINAL READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD , TEXAS, ORDINANCE NO. 91-3 , PASSED AND APPROVED THE 4TH DAY OpASSEDUAAND \\ 1991 , AS AMENDED BY ORDINANCE NO. 91-33, 2 APPROVED THE 2ND DAY OF DECEMBER , 1991 , WHICH ORDINANCE PROHIBITS THE SALE OF ANY ALCOHOLIC BEVERAGE FROM A PLACE OF BUSINESS WHICH IS LOCATED WITHIN 300 FEET OF A CHURCH , PUBLIC SCHOOL , PUBLIC HOSPITAL , OR RESIDENCE, BY STRIKING ALL OF SECTION 1 THEREOF AND SUBSTITUTING THEREFOR A NEW SECTION 1 ; PROVIDING IT SHALL BE UNLAWFUL TO SELL OR OFFER FOR SALE ANY ALCOHOLIC BEVERAGE FOR ON PREMISE CONSUMPTION EXCEPT WHEN SOLD WITH , AND INCIDENTAL TO, THE SALE OF PREPARED FOODS IN DINING ESTABLISHMENTS , PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2, 000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY. C) ORDINANCE NO. T92-13, FIRST AND FINAL READING OF AN ORDINANCE APPROVING AND ADOPTING THE CITY OF FRIENDSWOOD , TEXAS , GENERAL BUDGET FOR THE FISCAL YEAR 1992/93 ; MAKING APPROPRIATIONS FOR THE CITY FOR SUCH FISCAL YEAR AS REFLECTED IN SAID BUDGET; AND MAKING CERTAIN FINDINGS AND CONTAINING CERTAIN PROVISIONS RELATING TO THE SUBJECT. D) ORDINANCE NO• Tq2-14 , FIRST AND FINAL READING OF AN ORDINANCE PROVIDING FOR THE ASSESSMENT, LEVY , AND COLLECTION OF AD VALOREM TAXES OF THE CITY OF FRIENDSWOOD, TEXAS , FOR THE YEAR 1992 AND FOR EACH -YEAR THEREAFTER UNTIL OTHERWISE PROVIDED ; PROVIDING THE DATE ON WHICH SUCH TAXES SHALL BE DUE AND PAYABLE; PROVIDING FOR PENALTY AND INTEREST ON ALL TAXES NOT TIMELY PAID ; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. 1 ) APPROVAL OF A TAX _RATE OF $. 1614 FOR DEBT SERVICE. 2) APPROVAL OF A TAX RATE OF $. 5016 FOR MAINTENANCE AND OPERATION EXPENDITURES. E) ORDINANCE r1Q L 92-15, APPROVING PLANNING AND ZONING RECOMMENDATION AND FIRST READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15 , AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER , 1984 , AND BEING THE ZONING ORDINANCE OF THE CITY, BY ADDING TO GENERAL CATEGORY 70 OF THE PERMITTED USE TABLE CONTAINED IN SECTION 7-P THEREOF A NEW CATEGORY 705; PROVIDING FOR THE CLASSIFICATION OF BED AND BREAKFAST LODGING IN THE PERMITTED USE TABLES ; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY . 15 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONSENT AGENDA AS PRESENTED : A) PAYMENT OF CAPITAL PROJECTS 1 ) STEVENSON PARK IMPROVEMENTS 2) STADIUM WATERLINE EXTENSION 3) EAST VIEJO AND RANCHO DRIVE STREET IMPROVEMENTS 4 ) SOUTH FRIENDSWOOD INTERCEPTOR PROJECT B) DISPOSITION U ADS , 1 ) BID NO. 92-19 : SIDEWALK FROM BLACKHAWK BOULEVARD TO FM 518 . 2) BID NO. 92-20 : REINFORCED CONCRETE PIPE CULVERTS. 3) BID NO. 92-21 : LIGHTING AT RENWICK PARK. 4) BID NO. 92-22 : JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS. 3 C) ACCEPTANCE OF SECTION I OF BOCA RATON SUBDIVISION FOR CONTRACTOR 'S ONE-YEAR MAINTENANCE PERIOD . D) AUTHORIZE USE OF CITY HALL COUNCIL CHAMBERS AND CITY LIBRARY FOR GENERAL ELECTION NOVEMBER 3, 1992- E) AUTHORIZE SALE OF FIRE ENGINE 82 TO THE UNION GROVE VOLUNTEER FIRE DEPARTMENT IN THE AMOUNT OF $ 12, 001 . 01 . 16 . ADJOURNMENT. I , DELORIS MCKENZIE,CITY SECRETARY OF THE CITY OF FRIENDSWOOD, DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART. 6252-17 , SECTION 3A , ON SEPTEMBER 11 ,_ 1992. Deloris McKdnziLy, CMC City Secretary MEETING NOTICES AGENDA 4 . � � 173 REGULAR MEETING FRIENDSWOOD CITY COUNCIL SEPTEMBER 14 , 1992 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON SEPTEMBER 14 , 1992 AT 7 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR EVELYN B . NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE ABSENT FROM THE MEETING WAS COUNCILMEMBER TOM MANISON . INVOCATION WAS GIVEN BY CITY MANAGER RON COX . MAYOR NEWMAN LED THE PLEDGE OF ALLEGIANCE . MAYOR NEWMAN CALLED THE MEETING TO ORDER . MAYOR NEWMAN CALLED A DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE PUBLIC COMMENT , EITHER ORAL OR WRITTEN , REGARDING CITY OF FRIENDSWOOD ' S 1992- 1993 OPERATING BUDGET . MR . LEE GRIFFITH APPEARED BEFORE COUNCIL TO REQUEST FUNDS FOR YOU ATHLETIC FACILITIES . HEARING NO FURTHER INPUT, MAYOR NEWMAN CLOSED THE PUBLIC HEARING . MAYOR NEWMAN PROCLAIMED SEPTEMBER , 1992 AS "NATIONAL LITERACY MONTH" AND PRESENTED THE PROCLAMATION TO BOB GEORGE ON BEHALF OF THE ADULT READING CENTER , PROCLAIMED TUESDAY , SEPTEMBER 22 , 1992 , AS "AMERICAN BUSINESS WOMENS ASSOCIATION DAY" AND PRESENTED THE PROCLAMATION TO MARY EDSON FOR ALVIN/FRIENDSWOOD AREA ACHIEVERS . MAYOR NEWMAN ANNOUNCED WEDNESDAY SEPTEMBER 16 AT 7 : 30 A . M. , F . I . S . D . JUNIOR AND HIGH SCHOOL STUDENTS WILL HOLD A "SEE YOU AT THE POLE" PRAYER FOR CITY STATE AND NATION , THERE WILL BE AN ADULT PRAYER HELD AT STEVENSON PARK AT 8 : 30 A . M. , REPORTED ON MEETING WITH AREA YOUTHS FROM F . I . S . D . AND CLEAR BROOK HIGH 1 174 SCHOOLS AND AT RISK COUNSELORS TO BRING THE TWO SCHOOLS TOGETHER AND REPORTED THE NEXT MEETING IS SUNDAY AT 3 : 00 PM AT FOREST BEND CIVIC CENTER AND ALL TEENAGERS ARE WELCOME , REPORTED OVER 80 VOLUNTEERS FROM FRIENDSWOOD HELPED HURRICANE VICTIMS IN FRANKLIN , BALDWIN AND FOUR CORNERS , LOUISIANA AND THANKED THE CITIZENS AND CITY STAFF FOR THEIR DONATIONS AND FOR PARTICIPATION . COUNCILMEMBER HAJECATE REPORTED OVER 300 VOLUNTEERS HELPED WITH THE M . D . A . LABOR DAY TELETHON AND THAT FRIENDSWOOD RAISED OVER $20 , 000 . CONCILMEMBER MEASELES EXPRESSED APPRECIATION TO ALL VOLUNTEERS FOR THE MANY COUNTLESS HOURS THAT ARE VOLUNTEERED HERE IN FRIENDSWOOD . COUNCILMEMBER STUART REPORTED ON THE C . C . W. S. COMMITTEE MEETING HELD ON AUGUST 19 , REPORTED THE CLEAR CREEK PROJECT IS IN TROUBLE AND URGED EVERYONE TO CONTACT JACK BROOKS FOR THE PROGRAM TO MOVED FORWARD , REPORTED ON MEETING REGARDING CLOVERFIELD AIRPORT AND REPORTED FUNDING HAS BEEN RECEIVED FOR THE MASTER PLAN , REPORTED ON ATTENDING THE G . C . A . D . MEETING ON SEPTEMBER 1 REGARDING STATE REPRESENTATIVE MIKE MARTIN ' S INVESTIGATION AND REMINDED EVERYONE LEAVES ARE FALLING , TIME TO START BACK YARD COMPOSTING . COUNCILMEMBER RALEY STATED HE IS GLAD STATE REPRESENTATIVE MARTIN IS INVESTIGATING G . C . A .D . AND STATED IT APPEARS THE C . A . D . BOARD HAS LOST SIGHT OF SERVING THE PUBLIC . COUNCILMEMBER FRANKOVICH REPORTED ON ATTENDING THE C . L . A . E . D . F . MEETING AND REPORTED THEY ARE MAKING EFFORTS FOR FUNDING SPACE STATION HOUSTON $ REVIEWED THE OPEN DITCHES/CLOSED DITCHES POLICY AND REPORTED IT APPEARS THAT APPROXIMATELY 60 PERCENT OF THE DITCHES IN FRIENDSWOOD ARE OPEN DITCHES, REPORTING FUNDING FOR DRAINAGE PROJECTS AT FEDERAL AND LOCAL LEVEL ARE REACHING THE PLANNING STAGES AND RECOMMENDED THE CITY INITIATE MEETINGS TO DISCUSS THESE PROJECTS AND REPORTED THE G . C . M. & C . ASSOCIATION WITH GALVESTON COUNTY IS LOOKING INTO A COUNTY WIDE DRAINAGE FEE . MAYOR NEWMAN REPORTED THE STREET LIGHTS FOR WEDGEWOOD VILLAGE ARE BUDGETED AND WILL BE WORKED ON SHORTLY AFTER OCTOBER 1 , REPORTED ON STATUS OF RIGHTS OF WAY ACQUISITION FOR FM 528 PROJECT AND REPORTED THE CHAMBER TRADE SHOW WAS VERY SUCCESSFUL AND EXPRESSED APPRECIATION FOR EVERYONE THAT SUPPORTED THIS EVENT . MR . DAN ILLERICH , REPRESENTATIVE FOR CLOVER FIELD AIRPORT REPORTED THE RECENT AIRPORT MEETING WAS AN ORGANIZATION MEETING . MR . BILL JOBE APPEARED BEFORE COUNCIL TO ANNOUNCE HE IS A CANDIDATE FOR CONSTABLE PRECINCT 8 . MR . CHUCK TALBOT APPEARED BEFORE COUNCIL IN OPPOSITION TO ORDINANCE T92-11 , POOPER SCOOPER ORDINANCE . MR . PAT ST . CRICQ APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERN 2 175 FOR CONTINUITY BEING APPLIED IN ALL DEVELOPMENT MATTERS AND REQUESTED PUBLIC DISCLOSURE ON OPERATING COST FOR LAKE FRIENDSWOOD AND FUNDS TO COMPLETE PARK . MAYOR NEWMAN REMINDED MR . ST. CRICQ THAT SINCE HE IS SERVING ON THE COMMITTEE TO WORK ON LAKE FRIENDSWOOD , HE WOULD HAVE THAT INFORMATION BEFORE COUNCIL WOULD . MR . EARL MOELLER APPEARED BEFORE COUNCIL REGARDING THE REZONING REQUEST FOR 1410 W. WINDING WAY AND STATED HE IS THE OWNER OF THE PROPERTY AND THAT THIS REQUEST SHOULD BE APPROVED UNDER THE COMMERCIAL CLAUSE OF THE ZONING ORDINANCE . MR . LOREN WOOD APPEARED BEFORE COUNCIL AND EXPRESSED HIS CONCERN AND HIS OPPOSITION TO PROPOSED ORDINANCE T92- 12 ALCOHOLIC BEVERAGE . MR . DAN MORGAN , REPRESENTING THE 4TH OF JULY COMMITTEE , APPEARED BEFORE COUNCIL AND PRESENTED A REPORT ON THE 1993 FOURTH OF JULY ACTIVITIES AND STATED THE COMMITTEE WOULD LIKE TO REQUEST COUNCIL APPROVE TO SECURE CORPORATE SPONSORS FOR THE ACTIVITIES . MR . FRED KRCH APPEARED BEFORE COUNCIL TO PRESENT DOCUMENT ON DRAINAGE IN THE AREA OF WOODLAWN AND W. SHADOWBEND . CITY MANAGER REPORTED ON THE SECOND PHASE OF LIBRARY PLANNING PROCESS AND REPORTED ON THE STORER CABLE ACTIVITIES . COUNCILMEMBER FRANKOVICH EXPRESSED CONCERN WITH TRAFFIC FLOW ON FM 528 DUE TO THE CONSTRUCTION AND REQUESTED CITY MANAGER TALK TO ABRAMS CONSTRUCTION ABOUT THE TRAFFIC LIGHT TIMING . ,'COUNCILMEMBER FRANKOVICH SUGGESTED CITY MANAGER CONSIDER BRINGING IN A DESIGN CONSULTANT TO WORK WITH LEN RADOFF ON THE LIBRARY PLANNING . A LENGTHY DISCUSSION WAS HELD REGARDING SPONSORS FOR FOURTH OF JULY PROGRAMS . **COUNCILMEMBER RALEY MOVED TO TABLE ACTION ON SPONSORS FOR FOURTH OF JULY PROGRAM AND TO SET A WORKSHOP TO ADDRESS ALL AREAS OF THE FOURTH OF JULY CELEBRATIONS . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE A PRELIMINARY AMOUNT NOT TO EXCEED $5 MILLION DOLLARS FOR FINANCING OF MUNICIPAL FACILITIES AND PUBLIC WORKS PROJECTS . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED 5- 1 . COUNCILMEMBER FRANKOVICH OPPOSED . **COUNCILMEMBER RALEY MOVED TO APPROVE SCHEDULE OF EVENTS FOR THE ISSUANCE OF CERTIFICATES OF OBLIGATION FOR FINANCING OF MUNICIPAL FACILITIES AND PUBLIC WORKS PROJECTS . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED UNANIMOUSLY . 3 176 **COUNCILMEMBER STUART MOVED TO APPROVE AGREEMENT WITH RAUSCHER PIERCE REFSNES , INC . , TO ACT AS CITY ' S FINANCIAL ADVISOR FOR THE ISSUANCE OF CERTIFICATES OF OBLIGATION FOR FINANCING OF MUNICIPAL FACILITIES AND PUBLIC WORKS PROJECTS . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE AGREEMENT WITH MCCALL , PARKHURST AND HORTON TO ACT AS BOND COUNSEL FOR THE ISSUANCE OF CERTIFICATES OF OBLIGATION FOR FINANCING OF MUNICIPAL FACILITIES AND PUBLIC WORKS PROJECTS . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE PLANNING AND ZONING COMMISSION RECOMMENDATION TO DENY A REQUEST TO REZONE 3 . 28 OF LAND OUT OF RESERVE A , FOREST CREEK SUBDIVISION , ALSO KNOWN AS FORESTWOOD , FROM SINGLE FAMILY RESIDENTIAL TO MULTI-FAMILY RESIDENTIAL-LOW DENSITY . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO TAKE NO ACTION ON PLANNING AND ZONING COMMISSION CORRESPONDENCE REGARDING A REQUEST TO REZONE 1 . 04 ACRES OF LAND OUT OF THE J . R . WILLIAMS LEAGUE LOCATED AT 1410 WINDING WAY FROM COMMUNITY SHOPPING CENTER DISTRICT TO SPECIFIC USE-MINI GOLF AND MOVED TO SEND THIS ITEM BACK TO PLANNING AND ZONING COMMISSION FOR A RECOMMENDATION IN ACCORDANCE WITH ZONING ORDINANCE 84- 15 . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO APPROVE RESOLUTION Xg, 892-3Z, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS , AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY SECRETARY TO EXECUTE AND ATTEST , RESPECTIVELY , AN AGREEMENT BY AND BETWEEN SAID CITY AND HARRIS COUNTY , TEXAS , WHICH AGREEMENT PROVIDES FOR ACCESS TO THE COMPUTER SERVICES OF THE SOUTHEAST TEXAS CRIME INFORMATION CENTER . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINANCE N0, 192_ 11 , SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY ADDING TO ARTICLE II OF CHAPTER 3 THEREOF A NEW SECTION 3-42 . 5 ; PROVIDING IT UNLAWFUL FOR ANY PERSON TO FAIL TO PROMPTLY REMOVE AND DISPOSE OF , IN A SANITARY MANNER , FECES LEFT BY A DOG OR CAT BEING HANDLED BY SUCH PERSON ON PROPERTY OTHER THAN THE PREMISES OF THE OWNER OR HANDLER OF SUCH DOG OR CAT ; PROVIDING IT UNLAWFUL FOR ANY PERSON WALKING A DOG OR CAT TO BE WITHOUT A SUITABLE CONTAINER OR INSTRUMENT FOR THE REMOVAL AND DISPOSAL OF SUCH FECES ; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING EXCEPTIONS ; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2 , 000 FOR VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED 5- 1 . COUNCILMEMBER FRANKOVICH OPPOSED . **COUNCILMEMBER RALEY MOVED TO TABLE ORDINANCE ND, 192-12, SECOND 4 177 AND FINAL READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD , TEXAS , ORDINANCE NO . 91 -3 , PASSED AND APPROVED THE 4TH DAY OF FEBRUARY , 1991 , AS AMENDED BY ORDINANCE NO . 91 -33 , PASSED AND APPROVED THE 2ND DAY OF DECEMBER , 1991 , WHICH ORDINANCE PROHIBITS THE SALE OF ANY ALCOHOLIC BEVERAGE FROM A PLACE OF BUSINESS WHICH IS LOCATED WITHIN 300 FEET OF A CHURCH , PUBLIC SCHOOL , PUBLIC HOSPITAL , OR RESIDENCE , BY STRIKING ALL OF SECTION 1 THEREOF AND SUBSTITUTING THEREFOR A NEW SECTION 1 ; PROVIDING IT SHALL BE UNLAWFUL TO SELL OR OFFER FOR SALE ANY ALCOHOLIC BEVERAGE FOR ON PREMISE CONSUMPTION EXCEPT WHEN SOLD WITH , AND INCIDENTAL TO , THE SALE OF PREPARED FOODS IN DINING ESTABLISHMENTS , PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2 , 000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINA.N-GF NO .. =13, FIRST AND FINAL READING OF AN ORDINANCE APPROVING AND ADOPTING THE CITY OF FRIENDSWOOD , TEXAS , GENERAL BUDGET FOR THE FISCAL YEAR 1992/93 ; MAKING APPROPRIATIONS FOR THE CITY FOR SUCH FISCAL YEAR AS REFLECTED IN SAID BUDGET ; AND MAKING CERTAIN FINDINGS AND CONTAINING CERTAIN PROVISIONS RELATING TO THE SUBJECT . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO APPROVE ORDINANCE No, I42_1_4, FIRST AND FINAL READING OF AN ORDINANCE PROVIDING FOR THE ASSESSMENT , LEVY , AND COLLECTION OF AD VALOREM TAXES OF THE CITY OF FRIENDSWOOD , TEXAS , FOR THE YEAR 1992 AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED ; PROVIDING THE DATE ON WHICH SUCH TAXES SHALL BE DUE AND PAYABLE ; PROVIDING FOR PENALTY AND INTEREST ON ALL TAXES NOT TIMELY PAID ; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH , ( 1 ) FOR APPROVAL OF A TAX RATE OF $ . 1614 FOR DEBT SERVICE . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE ORDI-NANCE �jQ= �g��11� ( 2 ) FOR APPROVAL OF A TAX RATE OF $ . 5016 FOR MAINTENANCE AND OPERATION EXPENDITURES . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE ORDINA.N-Q.E NO . APPROVING PLANNING AND ZONING RECOMMENDATION AND FIRST READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD , TEXAS , ORDINANCE NO . 84- 15 , AS AMENDED , ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER , 1984 , AND BEING THE ZONING ORDINANCE OF THE CITY , BY ADDING TO GENERAL CATEGORY 70 OF THE PERMITTED USE TABLE CONTAINED IN SECTION 7-P THEREOF A NEW CATEGORY 705 ; PROVIDING FOR THE CLASSIFICATION OF BED AND BREAKFAST LODGING IN THE PERMITTED USE TABLES ; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO REMOVE ITEMS B3 AND B4 FROM THE 5 178 ' CONSENT AGENDA AND TO REJECT BIDS 92-21 , LIGHTING AT RENWICK PARK AND BIDS 92-22 , JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASLES MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED FOR A ) PAYMENT OF CAPITAL 2-H-JILIL 1 ) STEVENSON PARK IMPROVEMENTS 2) STADIUM WATERLINE EXTENSION 3 ) EAST VIEJO AND RANCHO DRIVE STREET IMPROVEMENTS 4 ) SOUTH FRIENDSWOOD INTERCEPTOR PROJECT B) DaZIDIITION QE BjDL i1 ) BID NO . 92-19 : SIDEWALK FROM BLACKHAWK BOULEVARD TO FM 518 AWARDED TO D . WAGNER CONSTRUCTION IN THE AMOUNT OF $85 , 538 . 10 2 ) BID NO . 92-20 : REINFORCED CONCRETE PIPE CULVERTS AWARDED TO BAY CONCRETE PRODUCTS , INC . $10 , 843 . 80 C ) ACCEPTANCE OF SECTION I OF BOCA RATON SUBDIVISION FOR CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD D ) AUTHORIZE USE OF CITY HALL COUNCIL CHAMBERS AND CITY LIBRARY FOR GENERAL ELECTION NOVEMBER 3 , 1992 E) AUTHORIZE SALE OF FIRE ENGINE 82 TO THE UNION GROVE VOLUNTEER FIRE DEPARTMENT IN THE AMOUNT OF $12 , 001 . 01 . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED UNANIMOUSLY . MOTION MADE AND APPROVED FOR ADJOURNMENT AT 9 : 45 P . M. . MAYOR VELYN B . NEWMAN 4AT ST - DEL RIS MCKEN IE , CMC CITY SECRETARY 6 Agenda STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON NOVEMBER 16 , 1992 AT 7 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS, 109 WILLOWICK , FRIENDSWOOD , TEXAS , REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: AGENDA 1 . CALL TO ORDER . DS 2 . INVOCATION - PASTOR JOE ROHER , FRIENDSWOOD FRIENDS CHURCH. 3 . PLEDGE OF ALLEGIANCE. 4 . ANNOUNCEMENTS AND COMMUNICATIONS FROM THE MAYOR . *A) PROCLAMATION 1 ) TUESDAY , NOVEMBER 17 , 1992 AS "NATIONAL COMMUNITY EDUCATION DAY IN THE CITY OF FRIENDSWOOD" 2) SATURDAY , NOVEMBER 21 , 1992 AS "CHRISTIAN HELPING HANDS FOOD DRIVE DAY" 3) WEEK OF NOVEMBER 22 TO 29 , 1992 AS "NATIONAL BIBLE WEEK" 5 . ANNOUNCEMENTS AND COMMUNICATIONS FROM COUNCILMEMBERS. 6 . COMMUNICATIONS FROM THE PUBLIC AND COMMITTEES. A) JESS WILLIAMS - TO PRESENT INFORMATION ON HISTORY OF BED AND BREAKFAST PROJECT. 7 . *CITY MANAGER REPORT. 8 . *CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING APPEALS FROM THE DECISION OF THE DIRECTOR OF WRECKER SERVICES FOR WRECKER PERMIT : A) PETE MORENO , HP AUTO WRECKER B) RANDY MCCULLOUGH, RANDEE ' S WRECKER SERVICE 1 9 . * CONSIDERATION AND POSSIBLE ACTION REGARDING PLANNING AND ZONING COMMISSION ' S RECOMMENDATION TO REZONE 2 . 9902 ACRES OF LAND GENERALLY LOCATED NORTHEAST OF THE CORNER OF FM 2351 AND MELODY LANE FROM SINGLE FAMILY RESIDENCE TO COMMUNITY SHOPPING CENTER . 10 . *CONSIDERATION AND POSSIBLE ACTION REGARDING RECOMMENDATIONS FROM FOURTH OF JULY STEERING COMMITTEE: A) ADOPTION OF GUIDELINES FOR CORPORATE SPONSORS. B) ADOPTION OF REVISED BYLAWS. C) ADOPTION OF DATE FOR OBSERVANCE OF INDEPENDENCE DAY CELEBRATION - 1993 • 11 . *ORDINANCES CONSIDERATION AND POSSIBLE ACTION REGARDING THE FOLLOWING: A) ORDINANCE NO. T92-20 , SECOND AND FINAL READING OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT, AUTHORIZING THE USE OF A 1 . 040 ACRE TRACT OF LAND LOCATED OUT OF THE J . R . WILLIAMS LEAGUE LOCATED AT 1410 EAST WINDING WAY IN THE CITY OF FRIENDSWOOD , TEXAS CHANGING THE ZONING CLASSIFICATION FROM COMMUNITY SHOPPING CENTER DISTRICT TO SPECIFIC USE - MINI GOLF; APPROVING SITE PLAN ATTACHED HERETO, DESCRIBING SAID 1 . 040 ACRE TRACT OF LAND; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. C) ORDINANCE NO. T92-21 , SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF SUBSECTION A OF SECTION 8-6 OF ARTICLE I OF CHAPTER 8 AND SUBSTITUTING THEREFOR A NEW SUBSECTION A; PROVIDING RATES FOR THE COLLECTION AND DISPOSAL OF GARBAGE , TRASH , AND REFUSE WITHIN THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. D) ORDINANCE NO. T92-22, SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD , TEXAS , BY STRIKING THEREFROM ALL OF ARTICLE II OF CHAPTER 8 THEREOF AND SUBSTITUTING THEREFOR A NEW ARTICLE II OF CHAPTER 8 ; PROVIDING THAT THE PRESENCE OF JUNK VEHICLES CONSTITUTES A NUISANCE AND PROVIDING FOR THE ABATEMENT THEREOF ; PROVIDING FOR NOTICE TO THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF REMOVAL OF A JUNK VEHICLE ; PROVIDING EXCEPTIONS; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS ( $200. 00) ; AND PROVIDING FOR SEVERABILITY . E) ORDINANCE NO. T92-24 , APPROVING PLANNING AND ZONING RECOMMENDATION AND FIRST READING OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT , AUTHORIZING THE USE OF LOT 4 AND LOT 5 OF BLOCK OF THE HARVEY AND STOUT SUBDIVISION LOCATED AT 312 S. FRIENDSWOOD DRIVE IN THE CITY OF FRIENDSWOOD , TEXAS FOR SPECIFIC USE-BED AND BREAKFAST; DESCRIBING SAID PROPERTY ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. F) ORDINANCE NO . T92-25 , APPROVING PLANNING AND ZONING 2 RECOMMENDATION AND FIRST READING OF AN ORDINANCE APPROVING ZONING CHANGE REQUEST FOR A 10 . 2895 TRACT OF LAND OUT OF RESERVE "A" OF PARKWAY SUBDIVISION IN THE SARAH MCKISSICK LEAGUE , ABSTRACT 151 , OFF OF FM 528 AND WINDING WAY, GALVESTON COUNTY , TEXAS FROM MULTIPLE FAMILY RESIDENTIAL DWELLING DISTRICT-MEDIUM AND PLANNED UNIT DEVELOPMENT TO MULTIPLE FAMILY RESIDENTIAL-GARDEN HOME DISTRICT; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO . 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. 12 . *CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONSENT AGENDA AS PRESENTED : A) PAYMENT OF CAPITAL PROJECTS 1 ) WHITTIER OAKS LIFT STATION IMPROVEMENTS 2) 1992 GALVESTON COUNTY/CITY STREET PROGRAM 3) FM 518/LEISURE LANE FORCE MAIN 4) FRIENDSWOOD LINK/WHISPERING PINES SIDEWALK 5) INFILTRATION AND INFLOW 6 ) SOUTH FRIENDSWOOD SEWER IMPROVEMENT PROJECT B) DISPOSITION Qf BIDS 1 ) BID NO . 92-28 , SELF-CONTAINED BREATHING APPARATUS ( FIRE DEPARTMENT) 2) BID NO. 92-29 , HYDRAULIC RESCUE TOOLS, AIR BAGS, AND ACCESSORIES. (FIRE DEPARTMENT) 3 ) BID NO . 92-31 , MOVING/STATIONARY DOPPLER RADAR UNITS . ( POLICE DEPARTMENT) C) APPOINTMENTS AND REAPPOINTMENTS TQ BOARDS AND COMMISSIONS : 1 ) PLANNING AND ZONING COMMISSION - REAPPOINTMENT OF DON DICKSON TO A THREE YEAR TERM. 2) BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS - REAPPOINTMENT OF PHYLLIS LEE, AT LARGE AND THOMAS RIVES , ARCHITECT FOR FOUR YEAR TERMS. 3) CREATION OF AND APPOINTMENTS TO SENIOR CITIZENS ADVISORY COMMITTEE: D) REQUEST FROM CROSS TIMBERS OPERATING COMPANY FOR WORKOVER WELL PERMIT FOR SEGELQUIST GAS UNIT, WELL NO. 1 , IN THE S . E . HASTINGS FIELD . 13 .EXECUTIVE SESSION TEXAS OPEN MEETINGS LAW 6252-17 , TEXAS VERNON ' S CIVIL STATUES ( f) PURCHASE , EXCHANGE , LEASE OR VALUE OF REAL PROPERTY AND (g) APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES , DISCIPLINE, OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE , OR TO HEAR COMPLAINTS OR CHARGES AGAINST SUCH OFFICER OR EMPLOYEE. ( f) ACQUISITION OF MUNICIPAL PROPERTY (g) EVALUATION OF CITY MANAGER , RON COX. 14 . *CONSIDERATION AND POSSIBLE ACTION REGARDING AUTHORIZING PURCHASE OF ATRIUM BUILDING , 416 S. FRIENDSWOOD DRIVE AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS . 15 . CONSIDERATION AND POSSIBLE ACTION REGARDING EVALUATION OF CITY MANAGER , RON COX. 3 16 . ADJOURNMENT. I , DELORIS MCKENZIE , CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH ART. 6252-17 , SECTION 3A , ON NOV BER 13 , 1992. DELORIS MC ENZI , CMC CITY SECRETARY 4 i 205 Pf REGULAR MEETING FRIENDSWOOD CITY COUNCIL NOVEMBER 16 , 1992 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON NOVEMBER 16 , 1992 AT 7 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS , WITH THE FOLLOWING PRESENT, CONSTITUTING A QUORUM: MAYOR EVELYN B . NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANISON COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE INVOCATION WAS GIVEN BY COACH HARRIS . PLEDGE OF ALLEGIANCE WAS LED BY COACH HARRIS MAYOR NEWMAN PROCLAIMED TUESDAY ? NOVEMBER 17 , 1992 AS "NATIONAL COMMUNITY EDUCATION DAY IN THE CITY OF FRIENDSWOOD" , SATURDAY, NOVEMBER 21 , 1992 AS "CHRISTIAN HELPING HANDS FOOD DRIVE DAY" AND WEEK OF NOVEMBER 22 TO 29 , 1992 AS "NATIONAL BIBLE WEEK" . MAYOR NEWMAN ANNOUNCED THERE WERE NUMEROUS CHRISTMAS FESTIVITIES PLANNED AND REMINDED EVERYONE OF THE GARDENERS HOME CHRISTMAS TOURS . COUNCILMEMBER HAJECATE ANNOUNCED THE F. I . S . D . GIRLS VOLLEYBALL TEAM IS GOING TO STATE AND WISHED THEM LUCK . COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE C . C . D . D . MEETING, THE C . L . C . OF C . MEETING AND THE BICYCLE ADVISORY COMMITTEE MEETING . COUNCILMEMBER MANISON REPORTED HE ATTEND THE GALVESTON ESTUARY COMMITTEE MEETING LAST WEEK . 1 206 COUNCILMEMBER STUART REPORTED ON THE CLEAR CREEK REGIONAL FLOOD CONTROL COMMITTEE , REPORTED ON ATTENDING THE H . G . A . C . HOME RULE REGIONAL MEETING AND REPORTED HE WAS ELECTION AS ALTERNATE TO MAYOR VETA WINNICK AND COUNCILMEMBE R MANISON WAS ELECTED TO THE SOLID CONSERVATION COMMITTEE , REPORTED ON OIL WASTE RECYCLING AND REMINDED EVERYONE OF THE RUN OFF FOR THE CONSTABLE RACE . COUNCILMEMBER RALEY REPORTED ON INFORMATION HE HAS REVIEWED ON TWO NATIONAL ORGANIZATIONS , APPAC AND SIECUS , THAT ARE PUSHING FOR SEX EDUCATION IN PUBLIC SCHOOLS FOR AGE GROUPS FROM 5 TO 12 YEARS OLD AND WOULD ASK COUNCIL TO CONSIDER ADOPTING A RESOLUTION TO OPPOSE THIS PROPOSAL . MR . JESS WILLIAMS , OWNER OF BROWN HOUSE BED AND BREAKFAST APPEARED BEFORE COUNCIL TO PRESENT INFORMATION ON HISTORY OF THE BROWN HOUSE AND THE BED AND BREAKFAST PROJECT. MR . SMITH , MR . HENRY TOWNE , MS . JACKLYN ELLEN , MR . BEN WELL AND MS . COOKIE LANGDOC APPEARED BEFORE COUNCIL TO EXPRESS THEIR OPPOSITION' TO THE REZONING REQUEST FOR 2 . 9902 ACRES OF LAND LOCATED ON THE CORNER OF FM 2351 AND MELODY LANE . MR . PAUL DIEPHOUSE APPEARED BEFORE COUNCIL TO REQUEST COUNCIL VOTE IN SUPPORT OF THE REZONING REQUEST FOR THE 2 . 9902 ACRES ON FM 2351 AND MELODY LANE . MR . WESLEY PATTERSON , REPRESENTING THE HOMEOWNERS ON CHARLESTON , SUBMITTED A LETTER OUTLINING SPECIFIC CONCERNING OF THE PROPERTY OWNERS IN REGARDS TO THE SPECIFIC USE REQUEST FOR MINI GOLF ON WINDING WAY . MS . KATHY ROGERS, MR . TOM SULLIVAN , MR . OREN CARELOCK , AND MR . WAYNE LEFT APPEARED IN OPPOSITION TO THE REQUEST FOR SPECIFIC USE REQUEST FOR MINI GOLF ON WINDING WAY. CITY MANAGER REPORTED ON CLEAR CREEK REGIONAL FLOOD CONTROL PLAN , 1990 CLEAN AIR ACT AMENDMENTS , 192- 193 CAPITAL PROJECTS , PARKS , RECREATION AND OPEN SPACE MASTER PLAN UPDATE , MASTER DRAINAGE PLAN UPDATE , SCHEDULING FOR LIBRARY RENOVATIONS , MEETING WITH AREA CITY MANAGERS , STATUS OF SIDEWALK CONSTRUCTION AND REPORT OF CHANGE ORDER #1 AND STATUS OF STREET OVERLAY WORK. CITY MANAGER ADVISED J . T. DUNCAN CONSULTANTS WILL PRESENT THE PARKS MASTER PLAN , REPORTED THE SOUTHWESTERN BELL FRANCHISE ISSUE WAS IN A RECENT GALVESTON NEWSPAPER AND ADVISED COUNCIL TO BE AWARE OF SEVERAL LAWSUITS THAT HAVE BEEN FILED AND REPORTED THE SIDEWALKS ARE APPROXIMATELY 50% COMPLETED AND THE OVERLAY PROJECTS ARE MOVING FORWARD , COUNCILMEMBER STUART REPORTED THE REVENUE FROM WATER AND SEWER IS APPROXIMATELY THREE TIMES LARGER THAN LAST YEAR AND THE THE IMPACT FEES AND BUILDING PERMITS ARE ONLY UP ONE AND ONE HALF TIMES AND REQUESTED CITY MANAGER TO LOOK INTO THIS DIFFERENCE . COUNCILMEMBER STUART STATED THE STAFF WILL SELECT THE PRIORITY STREETS FOR THE STREET PROGRAM AND WILL REPORT TO COUNCIL THEIR SELECTIONS . 2 207 COUNCILMEMBER MEASELES STATED THE BIKE COMMITTEE WOULD LIKE SOME INPUT ON THE PARKS AND RECREATION OPEN SPACE PLAN WITH CITY MANAGER RECOMMENDING THE COMMITTEE ATTEND THE PARKS AND RECREATION MEETING . "COUNCILMEMBER FRANKOVICH REQUESTED TO REVIEW THE RFP ' S ON THE LIBRARY WITH CITY MANAGER ADVISING THEY ARE NOT READY AT THIS TIME BUT WILL BE PROVIDED TO COUNCIL FOR REVIEW . COUNCILMEMBER FRANKOVICH ASKED IF THERE WILL BE OTHER MEETINGS REGARDING THE PARKS MASTER PLAN WITH CITY MANAGER ADVISING THERE WILL BE A SERIES OF MEETINGS HELD . ACTION WAS TABLED UNTIL DECEMBER 14 , ON THE APPEALS FROM THE DECISION OF THE DIRECTOR OF WRECKER SERVICES FOR WRECKER PERMIT FOR PETE MORENO , HP AUTO WRECKER AND RANDY MCCULLOUGH , RANDEE ' S WRECKER SERVICE . **COUNCILMEMBER MEASELES MOVED TO APPROVE PLANNING AND ZONING COMMISSION ' S RECOMMENDATION TO REZONE 2 . 9902 ACRES OF LAND GENERALLY - LOCATED NORTHEAST OF THE CORNER OF FM 2351 AND MELODY LANE FROM SINGLE FAMILY RESIDENCE TO COMMUNITY SHOPPING CENTER . SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER FRANKOVICH MOVED TO APPROVE RECOMMENDATIONS FROM FOURTH OF JULY STEERING COMMITTEE FOR ADOPTION OF GUIDELINES FOR CORPORATE SPONSORS . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE RECOMMENDATIONS FROM FOURTH OF JULY STEERING COMMITTEE FOR ADOPTION OF REVISED BYLAWS . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER HAJECATE MOVED FOR ADOPTION OF MONDAY JULY 5TH FOR OBSERVANCE OF INDEPENDENCE DAY CELEBRATION - 1993 . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER FRANKOVICH MOVED TO APPROVE ORDINANCE NO . T92-20 , SECOND READING OF ORDINANCE GRANTING A SPECIFIC USE PERMIT , AUTHORIZING THE USE OF A 1 . 040 ACRE TRACT OF LAND LOCATED OUT OF THE J . R . WILLIAMS LEAGUE LOCATED AT 1410 EAST WINDING WAY IN THE CITY OF FRIENDSWOOD , TEXAS CHANGING THE ZONING CLASSIFICATION FROM COMMUNITY SHOPPING CENTER DISTRICT TO SPECIFIC USE - MINI GOLF ; APPROVING SITE PLAN ATTACHED HERETO , DESCRIBING SAID 1 . 040 ACRE TRACT OF LAND ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT WITH TWO AMENDMENTS FOR LANDSCAPING ACROSS THE FRONT OF THE PROPERTY AND FOR CLOSING TO BE AT 10 : 00 PM DURING REGULAR SCHOOL TERM. SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY **COUNCILMEMBER STUART MOVED TO APPROVE ORDINANCE NO . T92-21 , SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF SUBSECTION A OF SECTION 8-6 OF ARTICLE I OF CHAPTER 8 AND SUBSTITUTING THEREFOR A NEW 3 208 SUBSECTION A ; PROVIDING RATES FOR THE COLLECTION AND DISPOSAL OF y GARBAGE , TRASH , AND REFUSE WITHIN THE CITY ; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT ; AND PROVIDING AN EFFECTIVE DATE WITH AMENDMENT TO REVERSE THIS AND FOR AND ADDING SECTION 3 , PROVIDING FOR A EMERGENCY CLAUSE . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINANCE NO . T92-22 , SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD , TEXAS , BY STRIKING THEREFROM ALL OF ARTICLE II OF CHAPTER 8 THEREOF AND SUBSTITUTING THEREFOR A NEW ARTICLE II OF CHAPTER 8 ; PROVIDING THAT THE PRESENCE OF JUNK VEHICLES CONSTITUTES A NUISANCE AND PROVIDING FOR THE ABATEMENT THEREOF ; PROVIDING FOR NOTICE TO THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF REMOVAL OF A JUNK VEHICLE ; PROVIDING EXCEPTIONS ; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS ( $200 . 00) ; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER MANISON . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE ORDINANCE NO . T92-24 , APPROVING PLANNING AND ZONING RECOMMENDATION AND FIRST READING OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT, AUTHORIZING THE USE OF LOT 4 AND LOT 5 OF BLOCK OF THE HARVEY AND STOUT SUBDIVISION LOCATED AT 312 S. FRIENDSWOOD DRIVE IN THE CITY OF FRIENDSWOOD , TEXAS FOR SPECIFIC USE-BED AND BREAKFAST ; DESCRIBING SAID PROPERTY ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE NO . T92-25 , APPROVING PLANNING AND ZONING RECOMMENDATION AND FIRST READING OF AN ORDINANCE APPROVING ZONING CHANGE REQUEST FOR A 10 . 2895 TRACT OF LAND OUT OF RESERVE "A" OF PARKWAY SUBDIVISION IN THE SARAH MCKISSICK LEAGUE , ABSTRACT 151 , OFF OF FM 528 AND WINDING WAY , GALVESTON COUNTY , TEXAS FROM MULTIPLE FAMILY RESIDENTIAL DWELLING DISTRICT-MEDIUM AND PLANNED UNIT DEVELOPMENT TO MULTIPLE FAMILY RESIDENTIAL-GARDEN HOME DISTRICT ; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO . 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE CONSENT AGENDA AS PRESENTED FOR A) PAYMENT OF CAPITAL PROJECTS 1 ) WHITTIER OAKS LIFT STATION IMPROVEMENTS 2) 1992 GALVESTON COUNTY/CITY STREET PROGRAM 3 ) FM 518/LEISURE LANE FORCE MAIN 4 ) FRIENDSWOOD LINK/WHISPERING PINES SIDEWALK 5 ) INFILTRATION AND INFLOW 6 ) SOUTH FRIENDSWOOD SEWER IMPROVEMENT PROJECT B) DISPOSITION U BIDS 1 ) BID NO . 92-28 , SELF-CONTAINED BREATHING APPARATUS (FIRE DEPARTMENT) TO LOW BIDDER 2 ) BID NO . 92-29 , HYDRAULIC RESCUE TOOLS , AIR BAGS , AND ACCESSORIES . ( FIRE DEPARTMENT) TO LOW BIDDER 3 ) BID NO. 92-31 , MOVING/STATIONARY DOPPLER RADAR UNITS . ( POLICE DEPARTMENT) TO DECATOR ELECTRONICS , INC . FOR TWO GENESIS-K COMPACT RADAR UNITS FOR POLICE MOTORCYCLES AND TWO FULL SIZE RADAR UNITS FOR POLICE 4 209 VEHICLES FROM CMI/MPH C ) A?_ O TMENIL Alp REAPPOINTMENTS TQ BOAjjD AILD COMMISS UZ 1 ) PLANNING AND ZONING COMMISSION - REAPPOINTMENT OF DON DICKSON TO A THREE YEAR TERM. 2) BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS - REAPPOINTMENT OF PHYLLIS LEE , AT LARGE AND THOMAS RIVES , ARCHITECT FOR FOUR YEAR TERMS . 3 ) CREATION OF AND APPOINTMENTS TO SENIOR CITIZENS ADVISORY COMMITTEE WITH BETTY MILLER , ANDY KNIGHT , JOE LOCKRIDGE , CAROLYN WRIGHT , MELBA QUINONES , JULIE PENROD GLENN - SPECIAL ADVISOR AND MEL MEASELES P COUNCIL LIAISON D ) REQUEST FROM CROSS TIMBERS OPERATING COMPANY FOR WORKOVER WELL PERMIT FOR SEGELQUIST GAS UNIT , WELL NO . 1 , IN THE S . E . HASTINGS FIELD . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . COUNCIL CONVENED INTO _EXECUTIVE SESSION IN ACCORDANCE WITH TEXAS OPEN MEETINGS LAW 6252- 17 , TEXAS VERNON ' S CIVIL STATUES ( f) PURCHASE , EXCHANGE , LEASE OR VALUE OF REAL PROPERTY AND ( g) APPOINTMENT , EMPLOYMENT , EVALUATION , REASSIGNMENT , DUTIES , DISCIPLINE , OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE , OR TO HEAR COMPLAINTS OR CHARGES AGAINST SUCH OFFICER OR EMPLOYEE . ( f) ACQUISITION OF MUNICIPAL PROPERTY ( g) EVALUATION OF CITY MANAGER , RON COX. COUNCIL RE-CONVENED INTO OPEN SESSION WITH THE FOLLOWING ACTION TAKEN . **COUNCILMEMBER MANISON MOVED TO AUTHORIZE PURCHASE OF ATRIUM BUILDING , 416 S . FRIENDSWOOD DRIVE AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MANISON MOVED TO APPROVE EVALUATION OF CITY MANAGER , RON COX AND TO INCREASE HIS ANNUAL SALARY TO $70 , 700 . 00 . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . MOTION MADE AND APPROVED TO ADJOURN AT 10 : 10 PM. MAYOR ELYN BIN ATTEST : DELORIS MCKE) ZIE , CMC CITY SECRETARY 5