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1965-11-09 CITY COUNCIL SPECIAL MEETING MINUTES26 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PE ARLAN D, TEXAS, HELD ON NOVEMBER 9, 1965 AT 7:30 P. M. A special meeting of the Pearland City Council was called to order by Mayor John Kegley in the City Hall with the following present: Mayor John.G. Kegley Councilman Gene E. Sanders Councilman Steven A. Shukanes Councilman Victor A. Nolen Councilman. Basil L. Cogbill Councilman Joe Dan Calvin City Attorney Jack Harrison City Engineer William C. Walsh City Secretary W. A. McClellan Visitors: Dan R. Kelly, Louis Bellview, Max E. Duke, E. A. Wasek, Dr. D. R. Armbruster and Dan L. O'Connor. Mayor Kegley opened the meeting by stating that the express purpose was to discuss the letter addressed to the Mayor and City Council by City Attorney Jack Harrison under date of October 19, 1965 and any other pertinent business that might properly be brought before the Council. Councilman Sanders reported to the Council on the Orange Street Railroad Crossing project. He stated that the Drainage District had advertised for bids, opening date approximately December 1, 1965, for the and lumber. Work to start the latter part of December 1965 or not later than the first week in January 1966. Also, Mr. Rundell, Division Engineer for the Railroad requested an answer to their letter of March 25, 1965. The City Secretary was instructed to reply to this letter. City Attorney Jack Harrison was asked to elaborate on his letter of October 19, 1965, which reads as follows: "Re: Right of way for City of Pearland on sanitary sewer trunk line easement and sewage treatment plant. Hon. John G. Kegley, Mayor Members of the City Council City of Pearland Pearland, Texas Dear Mayor and Members of the City Council: Due to illness I have been unable to attend the past several meetings of the Council and hope that you have not been unduly incon- venienced by my absence. I have prepared easements and a deed of conveyance covering the right of way and sewage disposal plant site from the Alexander Estate to the City of Pearland, in accordance with your minutes of the July 29 Council meeting. As I interpret the motion, the easement and conveyance would be subject to my review and approval for the City of Pearland. This may have been a misunderstanding as I assumed the attorney for the Alexanders would prepare the easement for my approval. In any event, Mr. Walsh brought us the revised field notes last week and I have prepared proposed easements and deed of conveyance in accordance with the letter to the Council by the Alexanders of May 28, 1965. This is in line with your minutes by acceptance of the conditions of this letter on your meeting held July 29,. The Statutes provide for the construction of sewage disposal plant facilities outside the corporate limits of a city operating under the General Law such as the City of Pearland. It is called to your attention, however, that the proposed sewage plant site and a portion of the easement is not only located without the corporate limits of 262 the City of Pearland, but in an adjacent county and possibly within the Corporate limits of the City of Houston. It is my understanding that the City Council of Houston has passed two readings of annexing the territory where the sewage disposal plant will be located, but have not completed the third reading of this annexation. The City Council of the City of Houston could, of course, at their will complete the third reading and the plant site and a portion of the easement, as well as the access route would be within - the corporate limits of,the City of Houston. I am sure you understand that the City of Houston operates under' a special Charter and has far greater powers than the City of PearlanL-11 or even a City operating under the Home Rule Charter. It is conceivable to me that they could eventually take over the operation of the Pearland facility located within their corporate limits. The primary purpose, as I understand it, is to provide sewage facilities for the properties owned by the Alexander Estate located outside the City of Pearland and.in Harris County within the corporate limits of the City of Houston. It is also conceivable to me that lands owned by parties other than the Alexanders might conceivably have the right to use the sewage facility even through it be owned by the City of Pearland. It is also conceivable to me that the City of Houston would have the power of eminent domain or condemnation of any properties located within their corporate limits if the need arose for such action. I strongly recommend that you secure the written consent of the Texas Water Pollution Board to construct the facility within Harris County prior to any construction or agreement with the Alexanders. The last Session of the Legislature also passed the Harris County Flood Control District which includes the proposed site for the sewage disposal plant, the access route and a portion of the easement, all within Harris County. Since this is a recent Statute I have no means of determining what effect this would have on our proposed facility. In any event, I feel that their approval or authorization --. is desirable prior to any construction or final agreement. It is also my suggestion that the matter of access to the plant site be fully worked out with the -City Engineer since it is possible that either a bridge would have to be eonstructad across Clear Creek or rely on an easement adjacent to Clear Creek in Harris County from Telephone Road to the proposed plant site. I do not feel that the plant site prior to submission to the votors of the bond issue has any real bearing on the final determination of a plant site as is true in most bond issues, the proposals are preliminary and may be changed at the will of the City Council. I believe both the fiscal agent and the City Engineer will agree that changes in the original. --proposals are frequent and would not affect the sale of the bonds. I assume that the fiscal agent has assured the Council that sufficient funds are available to construct the plant site and sewer trunk line after giving full consideration to the pending litigation. For the above reasons and perhaps others that have not occurred to me, I recommend that the Council exercise every possible means to obtain a plant site for the sewage disposal plant facility and necessary easements on the South side of Clear Creek and within the corporate limits of the City of Pearland which would eliminate all the possible contingencies mentioned above. It would seem to me that if a plant site could be obtained within the corporate limits the cost of such installation would be materially decreased, as well as having full control over such location and the operation of such facility. I realize the Council has by their minutes of July 29 agreed to accept the proposal of the Alexanders subject to approval of the City Attorney and for that reason have outlined the possible contingencies the the City would be faced with in the future. Respectfully submitted, Jack Harrison " 263 Mr. Harrison explained the letter and answered questions. A motion was made by Councilman CapEstateseconded proposalCouncilman May©28,11 that the Council rescind the Alexander 1965 as to the Sewage Plant Site No. 2 location. WHEREUPON the question was asked and the motion carried, Councilmen -Nolen, Cogbill and Calvin voted "aye" with Councilmen Shukanes and Sanders voting ttno." Mayor Kegley stated for the record that he was opposed to this motion. A motion was made by Councilman Sanders, seconded by Councilman Cogbill that the Right -of --Way Committee work out the necessary ease- ments and property for a sewage plant site with Councilman Calvin replacing him as Chairman due to the fact that he could work out day time arrangements and meetings. WHEREUPON, the question was asked and the motion carried, all Councilmen voted "aye" with no "noes." Minutes approved as read and/or corrected this the _ I /day of 1965. ATTEST: City Secretary