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1965-11-11 CITY COUNCIL REGULAR MEETING MINUTES264 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PE ARLAND, TEXAS, HELD ON NOVEMBER 11, 1965 AT 7:30 P M. A regular meeting of the Pearland City Council was called to order by Mayor John G. Kegley in the City Hall with the following present: Mayor Councilman Councilman Councilman Councilman Councilman City Secretary City Attorney City Engineer John G. Kegley Gene E. Sanders Steven A. Shukanes Victor A. Nolen Joe Dan Calvin Basil L. Cogbill W. A. McClellan Jack Harrison Jack McLaren and Jim Bell Visitors: Dan L. O'Conner, D. L. Holleman, David A. Stokes, John H. Powell, Bert M. Fisher, John D. Williams, Jr., Susan Bridges, Don Davis, Bill Roby, L. J. Mann, Don J. O'Donnell, D. L. Raney, Orlen.O'Day, A. D. Maddox, Frank Barringer, M. R. Swensen, Tom Alexander, Hayne Stokes, Earl D. Raney and D. W. Wade. Mr. Don J. O'Donnell requested permission to record the proceedings of the Council meeting on a tape recorder. A motion was made by Councilman Sanders, seconded by Councilman Calvin that no -tape recording be made of the meeting until such time as Mr. Dan L. O'Conner furnished the names of the people he represented. WHERE- UPON, the question was asked and the motion carried, all Councilmen voted "aye" with no "noes." A motion was made by Councilman Sanders, seconded by Councilman Calvin that the minutes of the regular meeting held on October 28, 1965 be approved. WHEREUPON, the question was asked and the motion carried, all Councilmen voted "aye" with no "noes." A motion was made by Councilman Shukanes, seconded by Councilman Nolen that minutes of a special meeting held on November 4, 1965 be approved with the following correction, "Councilmen Shukanes and Sanders made a statement concerning the motion to make Broadway Street a 4 way Stop street, that it should be a 2 way Stop street." W EUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." The minutes of a special meeting held on November 9, 1965 were read and Councilman Shukanes made a motion, seconded by Councilman Sanders that action on these minutes be tabled until the following week so that valid objections to Mr. Harrison's letter that was stated during the course of the meeting could be added. WHEREUPON, the question was asked and the motion failed, Councilmen Shukanes and Sanders voting "aye" with Councilmen Calvin, Nolen and Cogbill voting "no." A motion was made by Councilman Calvin, seconded by Councilman Cogbill that the minutes of the special meeting held on Tuesday Night, November 9, 1965 be approved. WHEREUPON, the question was asked and the motion carried, Councilmen Calvin, Cogbill, Nolen and Sanders voting "aye" with Councilman Shukanes voting "no.: A motion was made by Councilman Nolen, seconded by Councilman Shukanes that the following invoices and salaries be paid. CHECK NO. CODE NAME AMOUNT 595 21.3 W. A. McClellan (Salary 11-15-65) $ 254.19 596 214 Dorothy S. Thompson (Salary 11-15-65) 113.89 597 215 Elizabeth Ann Peirsol (Salary 11-15-65) 99.44 598 215 Dorothy L. Cook (Salary 11-1-15-65) 108.88 599 215 Jeanette M. Townsen&-(Salary 11-1-12-65) 86.49 600 616 Alfred Herman Casey (Salary 11-15-65 & 1 day for working fair) 2W1.04 601 617 Donald Frank Phillips (Salary 11-15-65) 1 0.39 602 617 Ronald S. Phillips (Salary 11-15-65) 195.16 265 CHECK NO. CODE NAME AMOUNT 603 617 Leonard J. Toups (Salary 11-15-65) 167.52 604 1018 Earl L. Bundy (Salary 11-15-65) 173.91 605 1017 Escue V. Harris (Salary 11-15-65) 183.75 606 1019 Leonard E. Triplett (11-15-65) 153.77 607p 1024 S. D. Hill (Salary 11-11-12-65) 57.882 608 1023 S. D. Hill (Salary 11-8-19-65) 57.82 609 618 Joe H. Saffle (Salary 11-15-65) 48.19 610 618 Mattie M. Davidson (Salary 11-15-65) 44.89 611 Void 612 1300 Clyde Lohr, Sr. (Salary -11-15-65) 69.58 613 617 Alvis A. Jones -(Salary one month) 330.90 614 618 Helen C. Hart (Salary for three days) 11.56 615 215 Eva Uresti (Salary 11-15-65) 17.35 906 Richard McElroy (Refund of Meter Deposit) 4.75 2115., 15 25 . 907 2119 Griffin Mowing Seri ce (Mowing 22 lots) 110.00 908 234. Crown Printing Company (Postal billing cards) 134.16 909 10316 Bobby E. McCoy (Analythical Charge) 80.00 910 62� Joe Marin (Investigation report) 11.25 911 231 I. B. M. (Typewriter ribbon) 2056 912 231 Typewriter & Adding Machine Exchange (Repair Multiplier) 32.50 913 845 Smith Municipal Supplies (Post & Assemblies) 70.76 914 2119 Ed Roebuck (Mowing of Lots) 345.00 915 856 Dalsco, Inc. (Shell) 310.20 916 Pearland Lumber Co. (Monthly Statement) 53.83 1038 $22.54 251 31.29 917 231 O'Brien*s (Office Supplies) 6.13 918 1038 Pearland Box Company (Repair to hitch) 3.00 919 654. McCauley's Garage (Repair -to 65 Dodge) 26.75 920 1036 Municipal Pipe Co. (Meter conn & curb stops) 160.28 921 1038 Mornich Instrument Co. (Repair to mo.tor,ola) 11.50 922 1038 Monarch Welding & Fabricatin (Repairs) 29.00 923 Mabry Foundry & Machine Co. Monthly Statement)76.24 1038 $ 76.62 67 .38 924 863 Houston Lighting & Power Co. (Street Lights) 213.22 925 Houston Lighting & Power Co. (Monthly State- ment) 597.13 1062 $ 524.08 762 4.91 262 68.14 926 1038 Electrical Controller Products Co. (furnas Moil) 7.29 927 1038 Dixie Chemical Co. (Monthly Statement) 174.00 928 1038 Bell Chemical Co. (Chemicals) 69.50 929 1038 Coastal Machine & Welding (Repairs) 10.00 930 1038 Brooks Products (Meter Deposits) 82.80 931 1038 Badger Meter Mfg. Company (36 meters) 10239.17 932 640 0. V. Robinson County Treasurer (Prisoner upkeep) % 3.00 933 660 American Radar Corporation (Nov. payment on Radar) 185.00 934 35 Lewis Electric Co. (Refund on Journeyman License) 4.50 935 1300 Clyde Lohr, Sr. (430 Miles 0, 7¢) 30-10 936 638 Texaco Inc. (Monthly Statement) 13,18 937 Humble Oil & Refining Co. (Monthly Statement) 66.07 1037 $46.35 638 19.72 938 235 Crown Printing Co. (Subscription to Progress) 3.50 939 1038 Wilson Electric Co. (Electrical Work on Pump) 66.00 940 638 Gulf Oil Corporation (Monthly Statement) 28.26 941 Pearland Hardware & Supply (Monthly Statement) 96.09 1038 $ 87.69 631 8.40 942 1096 Utility Supply Company (Road Boring Machine) 495.00 943 1038 Utility Supply Company (Pilot Drill, return auger & etc.) 179.00 944 1300 Walsh & McLaren(Field Notes & etc) -253.75 266 945 National Western Life Ins. Co. (monthly statement) 170.71 4224 138.82 946 243 Burroughs Corporation (Monthly Payment) 360.00 947 236 Institute of Public Affairs The University _ of Texas 17.50 (Institute of Tax Assessors) 948 4302 Pearland State Bank (October withholding tax) 415 949 231 Pearland Food Market tMonthly Statement) 10. 8 74 4320 Dalsco, Inc. (Previously,Approved) 3954.77 75 4320 Kay Service Co. (Eng. Est. No. 4) 3763.27 76 4320 Layne Texas Co. (Contract) 5536.80 7T Walsh & McLaren 232.04 78 Walsh & McLaren 187.37 79 Walsh & McLaren 782.13 80 4320 Gulf Western Construction Co. (Eng Est. No. A-1-2) 1435.05 A motion was made by Councilman Shukanes, seconded by Councilman Calvin that the Agreement concerning extension of County Road 388 with D. W. Wade be signed as presented. Said Agreement.reads.as follows: AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA This Agreement made and entered into this 11 day of November 19650 by and between the City of Pearland, a municipal corporation of the state of Texas, hereinafter call "the City", acting herein by and through its Mayor, John G. Kegley, duly authorized by motion passed by the. City Council of the City of Pearland on the 11 day of November 1965; and D. W. Wade, hereinafter call "Wade"; WITNESSETH: WHEREAS, Wade has entered into an earnest money contract with Berry Miller, et al, to purchase fifty-four acres, more or less, out of Section 119 H. T. & B. RR Company Survey, Abstract No. 239, in Brazoria County, Texas, hereinafter call the Wade Tract, and intends to develop such tract for commercial and industrial purposes; and one of the conditions of such purchase is that the City or other municipal body will open a road from County Road 143 on the west to State Highway 35 on the east capable of carrying maximum industrial loads to and from such property; and WHEREAS, the City of Pearland desires to encourage the develop- ment of the Wade Tract for commercial and industrial purposes and to agree to furnish the street which is a condition to the completion of the Wade purchase; NOW, THEREFORE, KNOW ALL MEN that in consideration of the mutual convenants and agreements herein set forth, the parties have hereunto agreed as follows: 1. Wade agress that immediately upon the closing of his purchase of the 54 acres tract described above, he will: (a) Dedicate for public street purposes free of cost to the — City of Pearland a 20 foot strip along the south line of the 54 acre tract described above adjacent to the existing county road right of way; and (b) Commence developement of the southeasterly portion of said 54 acres tract for commercial and industrial purposes. II. The City of Pearland agrees that: (a) Immediately upon the execution of this Agreement,the City wiz 2.6 7 begin to survey and acquire, without cost to Wade, the additional right of way as shown in the shaded areas on the attached map so as to extend County Road 388 from its intersection with County Road 143 on the west to an intersection with State Highway 35 on the east as shown upon the attached plat. b. As soon as survey and acquisition of such right of way is completed, the City will begin construction of a road through such right of way and will carry through the construction in an expeditious and workmanlike manner and complete construction. of =such road, without cost to Wade, within six (6) months after the commencement of construction. This extension of County Road 388, as des- cribed herein, shall be topped in accordance with specificat- ions of Brazoria County for industrial roads designed to carry the maximum load limits permitted by the state of Texas, and after completion of such road, the City agrees that it will apply no other load limits to such road other than those fixed by the state of Texas. c. The City will maintain the extension of County Road 388 described herein at no cost and expense to Wade. d. Until such time as the extension of County Road 388 described herein is completed, the City will permit Wade and his agents, representative, contractors and assignees to use Alvin Heights Road (County Road 143) and Pearland Street for access to State Highway 35 with- out load limitations of any kind otherwise applicable to such roads for purposes of hauling to and from the Wade Tract. e. The City will cooperateand work with the Brazoria County Drainage District No. 4 in constructl]Tgthe extension of County Road 388 described herein, so as to insure that full and complete drainage is provided for the Wade Tract. IN WITNESS WHEREOF, the parties have hereunto affixed their hands this 11 day of November, 1965. City of Pearland By: John G. Kegley Mayor Attest: W. A. McClellan City Secretary D. W. Wade D. W. Wade WHEREUPON, the question was asked and the motion carried, all Council- men Voted "aye" with no "noes." Mayor Kegley appointed Councilman Calvin to check into the rail freight rates in Pearland. A motion was made by Mayor Kegley, seconded by Councilman Nolen that since the next regular meeting date was Thanksgiving Day that December, 2, 1965 be set for the meeting and that a`special meeting be held on Thursday Night November 18, 1965 for the purpose of approving and signing of salary checks and any special payments that might be necessary. WHEREUPON, the question was asked and the motion carried, all Councilmen voted "aye" with no "noes." The City Secretary instructed to write a letter to Brazoria County Drainage District No'. 4 requesting that tile be placed in the ditches and covered so as to extend Mykawa Road straight into Orange Street. This being done to help eliminate some of the accidents occurring at this location. A motion was made by Councilman Nolen, seconded by Councilmani. Nd r that Police Officer Toup.s be given the rank of regular partrolman, permanent status with the usual salary increase of $25.00 per month effective as of November 15, 1965. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." A motion was made by Councilman Nolen, seconded by Councilman Calvin that W. A. McClellan be permitted to attend the University of Texas Tax and Appraisal School in Austin on December 6 and 7, 1965 and that an allowance of $75.00 be furnished to cover expenses. Whereupon, the question was asked and the motion carried, all Councilmen voted "aye" with no "noes." City Attorney Jack Harrison stated to the Council that the Progress Newspaper was okey for the official legal paper of the City of Pearland. He will check to see if an Ordinance should be prepared. He also stated that the Bill of Sale and Affidavit signed by Richard E. Wright representing the Sleepy Hollow Subdivision was in order. Mayor Kegr7_ey.appointed a committee of Councilman Cogbill and Council- man Nolen to study the trailer Ordinance and recommend changes if any, to meet our special needs. A motion was made by Councilman Nolen, seconded by Councilman Calvin that Ordinance No. 119 AN ORDINANCE FIXING THE TIME AND MANNER OF' PAYING THE AD VALOREM TAXES LEVIED FOR THEbiSlayJENEFITOF THE GOVERNMENT OF THE CITY OF PEARLAND, TEXAS. p ON, the question was asked and the motion carried, all Councilmen present voted "aye" with no"noes." A motion was made by Councilman Calvin, seconded by Councilman Shukanes that Ordinance No. 110E AN ORDINANCE AMENDING ORDINANCE NO. 110 KNOWN AS THE ELECTRICAL CODE OF THE CITY OF PEARLAND, TEXAS, AMENDING PART II, ENTIRE SECTION 7, IN REGARDS THE SERVICE .CONDUCTORS AND SERVICE ENTRANCE AND, OTHER MATTERS RELATING THERETO AND PART II, SECTION 3, PARAGRAPH 2 AS REGARDS THE COST FOR EACH LIGHTING FIXTURE; AND SUSPENDING THE RULE REQUIRING ORDINANCE TO BE READ ON TWO SEPARATE AND SEVERAL DAYS, be :adopted. WHEREUPON, the question was asked and the motion carried, all Councilmen voted "aye" with no $#noes ." A motion was made by Councilman Nolen, seconded by Councilman Calvin that the rental period for the Radar unit be extended for an additional three months and a large red dome light be installed on the top of the police car. ° WHEREUPON, the question was asked and the motion carried all Councilmen voted "aye" with no "noes." The City Secretary instructed to check approval date of Longwood Subdivision plat as to streets and Subdivisioxi Ordinance requirements as to changes in material and notify the developer. The final linen plat for Hickory Creek Place Subdivision was given to the Subdivision Committee for study and review prior to final acceptance. Motion made by Mayor Kegley, seconded by Councilman Nolen that all members of the Planning Commission and the City Council attend the Gulf Coast Regional Planning Conference on Friday December 10, 1965, from 9:00 A. M. until after the last session which starts at 3:00 P. M. Registration and. Luncheon fee of $5.50 each to be paid by the City. WHEREUPON the question was asked and the motion carried,' all Councilmen voted Faye" with no"noes." A motion made by Councilman Shukanes, seconded by Councilman Nolen that the City Council accept and approve the certification of tax assessment and final tax roll as resented by the Equalization; 'Board of a total assessed valuation of V1 165,840.00 with a tax rate of 75� per $100.00 with a tax levy of $63s870.69. Also, that the Equali- zation Board be kept on an active status basis until a later date. WHEREUPON, the question was asked and the motion carried, all Council- men voted "aye" with no "noes." A motion was made by Councilman Shukanes, seconded by Councilman Nolen that Engineer's Estimate No. 3 - Layne Texas Company for work completed as of October 31, 1965, be paid in the amount of $5,536.80. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye", with no "noes." A motion was made by Councilman Shukanes, seconded by Councilman Nolen that Engineer Estimate No. 5 - Kay Service Company in the amount of $3763.27 be paid. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." A motion was made by Councilman Shukanes, seconded by Councilman Nolen that Engineer's Estimate No. "Al" 3 - Gulf -Western Construction Company for work completed as of October 31, 1965, be paid in the amount of $14.35.05. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." A motion was made by Councilman Shukanes, seconded by Councilman Nolen that the following be paid to Walsh & McLaren for services rendered. - Through October 31, 1965. Sanitary Sewage Facilities - WPC Texas 352 $ 232.04 Sanitary Sewage Facilities - WPC Texas 336 183.37 Sanitary Sewage & Water Facilities - Old Townsite 78,13 WHEREUPON, the question was asked and the motion carried, all Council- men voted "aye" with no "noes." A motion was made by Councilman Sanders, seconded by Councilman Shukanes that any holdover Councilman desiring to seek the office of Mayor be required to resign as stipulated below: (1) That this resignation be submitted no later than the first regular Council meeting in February. (2) That the resignation be effective (whether stated or not) at midnight of the day preceding the election. (3) That acceptance of this resignation be final and irretractable. A motion was made by Councilman Sanders, seconded by Councilman Shukanes that the Planning Commission be directed to present to the Council, not later than the regular Council meeting of December 2, 1965, a legally acceptable plan for the election of Councilmen by position in an at -large vote. A motion was made by Councilman Sanders, seconded by Councilman Shukanes that At the next regular election in April, a proposition be presented to the voters setting Councilmen's salaries at fifty ($50.00) dollars monthly and the mayor's salary at seventy-five $75.00) dollars monthly. These salaries to become effective on October 1, 1966. A substitute motion was made by Councilman Shukanes, seconded by Nolen that action on the three above motions be tabled until such time as the City Attorney can furnish a written legal opinion:at his earliest convenience. WHEREUPON, the question was asked and the motion carried, all Councilmen voted "aye" with no "noes." The regular meeting adjourned at 10:30 P. M. for an executive meeting.--. The purpose of the executive session was to interview Mr. Holleman for the position of Plumbing Inspector for the City of Pearland. A motion was made by Councilman Shukanes, seconded by Councilman Nolen that Mr. Holleman be hired as.Plumbing Inspector for the City of Pearland. He is to begin work on November 15, 1965, with the Plumbing Ordinance to become effective December lst. Said 270 Plumbing Inspector to be hired on a three months trial basis at a salary of $250.00 per month with a 7� per mile car allowance. WHEREUPON, thequestion was asked and the motion carried, all Councilmen voted "aye' with no "noes." A motion was made by Mayor Kegley, seconded by Councilman Shukanes that Veterans Day be added to the holiday list for the City of Pearland employees. WHEREUPON, the question was asked and the motion carried, all Councilmen voted "aye" with no "noes." A motion was made by Mayor Kegley, seconded by Councilman Calvin that one employee, on a rotating basis, keep the office open each Saturday, beginning December 4, 1965. Office to be open from -- 9:00 A. M. to 12:00 Noon to accept water and tax payments and to take care -of the dispatching for the Police Department. Said time worked on Saturday by the employee may be taken at the employees convenience. WHEREUPON, the question was asked and the motion carried, all Council- men voted "aye" with no "noes." Mayor Kegley stated that a special meeting will be called, possibly the week of November 22, to meet with Orlen O'Day. The meeting adjourned at 11:10 P. M. Minutes approved as read and/or corrected this the day of 1965. T Attest: �r City Secretary