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1965-12-09 CITY COUNCIL REGULAR MEETING MINUTES279 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS, HELD ON DECEMBER 9,t1965 AT 7:30 P . M- A regular meeting of the PearlCiton yCouncil December9, sa1965 at 7:30lled to r by Mayor John G. Kegley in t y H P. M. with the following present: Mayor John G. Kegley Councilman Steven A. Shukanes Councilman Victor A. Nolen Councilman Basil L. Cogbill Councilman Gene E. Sanders City Attorney Jack Harrison City Engineer William C. Walsh, Jack McLaren Jim Bell City Secretary W. A. McClellan Councilman Calvin - absent Visitors: Susan Bridges, Bill Roby, H. B. Thornton, J. Albert-- Pruett, Jr., B. Kennedy, Jr., Hayne Stokes, Earl Raney, Frank Lee, D. R. Armbruster, and Alford Cogbill. A motion was made by Councilman Shukanes, seconded by Councilman Sanders that minutes of the regular meeting held on November 11, 1965 be approved. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." A motion was made by Councilman Sanders, seconded by Councilman Shukanes that the minutes of a special meeting held on November 18, 1965 be approved with the following,deletion.on the second page, , "be authorized to erect a temporary building to house a ui ment." WHEREUPON, the question was asked and the motion carried, all Councilmen present voted y— "aye" with no "noes." A motion was made by Councilman Cogbill, seconded by Councilman Shukanes that minutes of a special meeting held on November 22, 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 December 6, 1965 be approved. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye "with no "noes." A motion was made by Councilman Sanders, seconded by Councilman Shukanes that the following invoices and salaries be paid. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." CHECK NO. CODE AMOUNT 637 638 213 214 W. A. McClellan (Salary 12/15/65) $ Dorothy S. Thompson (Salary 12/15 65) 254.19 113.89 639 215 Elizabeth Ann Peirsol (Salary 125/65) 99.44 640 641 215 215 Dorothy L. Cook (Salary 12/15/65) Jeanette M. Townsend (Salary 12/15/65) 123.56 102.86 642 215 Eva Uresti (Salary :i2/15/65) 17.35 .r— 643 r' 644 617 Void Donald F. Phillips (Salary 12/15/65) 180.84 645 616 Alfred H. Casey (Salary 12/15/65) 216.82 646 617 Ronald S. Phillips (Salary 12/15/65) 195.16 647 617 Leonard J. Toups (Salary 12/15/65) 176.27 648 617 Alvis A. Jones (Salary 12/15/65) 16..05 649 1017 Escue V. Harris (Salary 12/15/65) 183.75 650 1018 Earl L. Bundy (Salary 12/15/65) 177.01 651 1019 Lawrence E. Triplett (Salary 12/15/65) 153.77 652 1020 Sid D. Hill (Salary 12/6-10-65) 57.8 1 Sid D. Hill (Salary 12/13-17-65) 5^'.9 41.19 Joe H. SAffle (Salary 12/15/65) 655 618 Mattie M. Davidson (salary 12/15/65) 44.89 656 1300 Clyde Lohr, Sr. (salary 12/15/65) 110.57 657 1300 Imon L. Holleman (Salary 12/15/65) 106.67 280 973 236 Gene E. Sanders (Expense trip to Austin) 47.28 974 243 Burroughs Corp. (Monthly Statement) 360.00 978 235 The Alvin Sun (Advertisement Ord. No.118) 5.65 976 1038 Alvin Equipment Co. (Hydro -011) 8.30 977 George V. Hastin•gs(Mow Lots 30 and 31 Block 11 and 1 20' alley) 12.00 2119 $9.00 1038 3.00 978 1038 Brooks Products, Inc. (Meter boxes) 51.35 979 251 Coppinger Electric Co. (Install recept _ in office) 11.50 980 1300 Clyde Lohr, Sr. (Car Mileage) 29.26' 981 63 Mrs. Heloise Martin (Refund on deposit 9820 660 for Court Cost - Tax Suit County Clerk) American 15.70 Radar Corp. (Six Payment on 3 3204 Radar) Calvin Garner (Refund on 50' of sewer 185.00 line) 37.50 984 1038 Dixie Chemical Co. (Chlorine) 33.00 985 231 Guy's Grocery (Monthly Statement) 11.49 986 262 Houston Natural Gas Corp. (Monthly Statement) 5.87 987 1062 Houston Natural Gas Corp. Monthly Statement) 2.00 988 Mrs. Gu L. Stevens (Refund of Meter Deposit .50 4305 $5.00 2115 4 50 989 Houston Lfghting & Power Co. (Monthly Statement) 722.41 262 $73.79 762 12.82 1062 635.80 990 638 Gulf Oil Corporation (Monthly Statement) 16.19 991 638 Humble Oil & Refining Co. (Monthly Statement) 13.72 � 992 863 Houston Lighting & Power Co. (Street-- Lighting) 219.67 993 251 Jolley & Steele (Serviced air condition- 994 654 ing unit) Kliesing Motor Co. (Repair Police Dodge) 11.00 28.85 995 654 Frank Lee Tire Co., Inc. (Tires Police - car) 142.24 996 223 Lesikar Ins. Agcy. (Bond $10,000. City of Pearland W. A. McClellan) 50.00 997 231 Typewriter & Adding Machine Exchange (Receipt Book) 4.25 998 Texaco, Inc. (Monthly Statement) 320-49 638 $207.59 1037 112.90 999 1300 Imon L. Holleman (Car mileage) 29.40 1000 654 Mico Radio (Repair to radio base station) 21.30 1001 1038 Mabr Foundry & Machine (Monthly State- 1002 639 mentT Nelson Silvia Co., Inc. (Supplies) 140.60 2.50 1003 231 O'Brien's (Monthly Statement) 39.1-7 1004 1005 1038 231 Pearland Lumber Co. (Monthly Statement) 187.73 Pearland Drug Store (Office Supplies) 3.57 1006 1038 Pearland Box Co. (Welding, etc.) 11.10 1007 Pearland Hardware & Supply (Monthly Statement) 62.56 1038 $57.08--- -: 251 5.48 1008 640 0. V. Robinson County Treasurer (1 prisoner upkeep) 12.00 1009 845 Smith Municipal Supplies (Sign clamps and signs) 183.64 1010 231 The Steck Company (Meter binders and meter sheets) 58.87 1011 1038 Utility Supply Co. (Monthly Statement) 316.02 1012 1038 Universal Packing & Gasket Co. (Piston cups) 3.83 '2 A motion was made by Cg oilman Shukanes, seconded by Councilman Cogbill`I" that Ordinance No. 1*9,N ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 1965, AND a APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE be adopted.. WHEREUPON, " the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." Shell bids.were opened with the following bids submitted: Parker Brothers $2.45 cu, yd, Pearland Lumber Co. 2.35 cu. yd. Dalsco, Inc. 2.40 cu.,yd. W. D. Haden Company 2.45 cu. yd. A motion was made by Councilman Sanders, seconded by Councilman Shukanes that action on bids be tabled until the type of shell submitted in these bids could be ascertained. 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 Cogbill that the preliminary sketch for Section II of Linwood Subdivision presented by J. E. Little, showing a dedication between or affecting proposed Lots 14,15,27,28,29,30 and 31 and the utility easement running east and west in the center of the tract of land,be declared abandoned by the City'of Pearland and that the Mayor be authorized to execute a quit -claim deed upon approval of final plat. WHEREUPON, the=question was asked and the motion carried all Councilmen voted "aye" with no "noes." Following due discussion a motion was made by Councilman Nolen, seconded by Councilman Shukanes that the sum:` of $788.50 be paid to Brazoria County Realty Company per invoice upon the recommendation of the City Engineer, William C. Walsh. Said invoice covers the following: 89 feet of 3" water -line @ 1.50 -------$ 133.50 1 8 x 3" tapping sleeve valve & box--- 160.00 40 feet of 10" casing & bore --@10.50--- 40.00 00 1 tapping of 8" line------------------ $ 788.50 WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." At the request of the Regency Park Civic Club a motion was made byy Mayor Kegley, Ke le , seconded by Councilman Cogbill that two Stop signs be 242 Xerox (Monthly Statement) 55.23 1013 1014 1015 Void National Western Life Ins. (Monthly 170.71 Statement) 4304 $138.83 1016 4302 224 31,88 Pearland State Bank (Income tax with- 478,10 1017 65!� held) Pearland Garage (Repair Police Car) (Analytical service) -49 80,00 1018 1038 35 Bobby E. McCoy Wilson Electric Co. (Refund on permits) 79.45 1019 81 Texala Construction Co. (Previously 35t520-79 Approved) ' �5 First City National Bank of Houston Department (Imp bonds series DTD 12/ 1/64) 15,672.50 1101 $10,000,00 1102 5,652,50 1103 20.00 1020 679 B. -H. Romoser & R. K. Segelquist (11 warrants @ $10.00 each) 110.00 1021 233 P. E. Segelquist (167 cases @ $4.00) 668.00 A motion was made by Cg oilman Shukanes, seconded by Councilman Cogbill`I" that Ordinance No. 1*9,N ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 1965, AND a APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE be adopted.. WHEREUPON, " the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." Shell bids.were opened with the following bids submitted: Parker Brothers $2.45 cu, yd, Pearland Lumber Co. 2.35 cu. yd. Dalsco, Inc. 2.40 cu.,yd. W. D. Haden Company 2.45 cu. yd. A motion was made by Councilman Sanders, seconded by Councilman Shukanes that action on bids be tabled until the type of shell submitted in these bids could be ascertained. 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 Cogbill that the preliminary sketch for Section II of Linwood Subdivision presented by J. E. Little, showing a dedication between or affecting proposed Lots 14,15,27,28,29,30 and 31 and the utility easement running east and west in the center of the tract of land,be declared abandoned by the City'of Pearland and that the Mayor be authorized to execute a quit -claim deed upon approval of final plat. WHEREUPON, the=question was asked and the motion carried all Councilmen voted "aye" with no "noes." Following due discussion a motion was made by Councilman Nolen, seconded by Councilman Shukanes that the sum:` of $788.50 be paid to Brazoria County Realty Company per invoice upon the recommendation of the City Engineer, William C. Walsh. Said invoice covers the following: 89 feet of 3" water -line @ 1.50 -------$ 133.50 1 8 x 3" tapping sleeve valve & box--- 160.00 40 feet of 10" casing & bore --@10.50--- 40.00 00 1 tapping of 8" line------------------ $ 788.50 WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." At the request of the Regency Park Civic Club a motion was made byy Mayor Kegley, Ke le , seconded by Councilman Cogbill that two Stop signs be 282 placed on Randall Street at the intersection of Randall and Byron. WHEREUPON, the question was asked and the motion carried, Council- men Cogbill, Nolen and Shukanes voting "aye" with Councilman Sanders voting "no." Councilman Sanders stated for the record that his reason for voting no was due to the fact that time was not allowed 'to check traffic conditions at this intersection. A motion was made by Councilman Shukanes, seconded by Councilman Sanders that the tabled motion made in the minutes of November 11, 1965 which reads as follows be brought up for question. "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 discussion was held regarding this motion and City Attorney Jack Harrison's letter of November 22, 1965 was read in part regarding this question. "In reply to your questions concerning the resignation of members of the Council prior to running for office of Mayor, the Possibility of councilman running at large, the matter of setting salaries of elected officials as reflected by your minutes of the meeting of November 11, I wish to submit the following: As you know, the City of Pearland operatep under General Law and is, of course, governed by the provisions of Title 28 of the Revised Civil Statutes of Texas and for that reason, do not have the powers granted to Home Rule cities and cities operating under a Special Charter. With regard to the`question of requiring councilmen to resign prior to the seeking of the office of mayor, I find no require- ment among the Statutes of Title 28 that would require or compel a mem- ber of the Council who desires to run for maymto resign prior to seeking'.the office of mayor. Article 11, Section 11 of the Constitution of Texas provides that Home Rule cities and General Law cities may provide by a majority vote of the'qualified voters at an election called for that purpose, to have longer terms than two years but may -not exceed four years. In the event the City of Pearland were to call an election for this purpose (of having terms longer than two years) and such election carried, an announcement for candidacy would constitute an automatic resignation of the office then held. Since the City of ,Pearland operates under the General Law and no election for -the purpose of extending the term beyond two years has been held or so far as I know anticipated, there is no legal requirement that compels resignation prior to seeking an office. It is my opinion that a councilman could not be required to resign if he desires to seek the office of mayor or vice versa." WHEREUPON, the question was asked and the motion failed, with none of the Councilmen present voting "aye", all present voting "no." A motion was made by Councilman Shukanes, seconded by Councilman Nolen that the tabled motion made in the minutes of November 11, 1965 which reads as follows be brought up for question. "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 discussion was held regarding this motion and City Attorney Jack Harrison's letter of November 22, 1965 was read in part regarding this question. 2 8- '3' "Page 2 - With reference ° Artic1et977er oetcsegCiofetheuRevisedrCivil wards rather than at large, Statutes of Texas, provides that the City may be divided into wards and the population divided as ntesliromequal particularas lward.e in whIfhthe stown the councilmen would be Candida the Is not divided into wards, sathlarge the iCity of Pearland, n and receiving the s highest Councilmen would be running a g number of votes would be elected. It seems to me that your principal problem concerning the matter of division into wards would be that of equalizing the population into several wards so that each area would have proper representation on the Council. If the Council desires to go into the matter of dividing the City into wards, I will be glad to give the matter further study, however, under the present situation, all Councilmen would be council- men at large and would not be running from any ward or for any parti- cular place on the ballot. The term "Place" should not be construed as being the manner in which the candidates' names appear on the ballot as Place generally designates a particular area arathaer than an alphabetical or numerical order on the ballot. Any ie elector residing within the Corporate limits of the City of Pearland c would be eligible to vote for the number of aldermen or councilmen running for office, as well as the mayor, without regard to the particular area in which the candidate resided. Under Article 992, of the Revised Civil Statutes of Texas, it appears that the City Council shall have the right from time to time to divide the City into as many wards as they deem necessary for the good of the people of the City and may change the boundaries, but such action must be done at least three months preceding the annual City Election." An amended motion was made by Councilman Shukanes, seconded by Council- man Nolen that based on the City Attorney's opinion that action be tabled on the above motion until the first regular meeting held in .-., January 1966 and to request a report from the Planning Commission. Upon recommendation of the Mayor motion amended to read special council meeting on ,the 6th of January, 1966. 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 Sanders that the tabled motion in the minutes of the meeting held on November 11, 1965 which reads as follows be brought up for question. "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 discussion was held regarding this uestion and City Attorney Jack Harrison's letter of November 22, 196 was read in part. With regard to the setting of salaries, Article 1010 of the Revised Civil Statutes of Texas, provides "The City Council shall on or before the 1st day of January next preceding.the election fix the salary and fees of the office of the mayor to be elected at the next regular election and fix the compensation to be paid to the officers elected or appointed by the Council." The Council may, in their discretion, provide for the salary of the mayor and councilmen at any regular meeting or �-- special meeting called for that purpose prior to January 1, 1966.1' WHEREUPON, the question was asked and the motion failed, Councilman Sanders voting "aye"t with Councilmen Cogbill, Nolen and Shukanes voting "no." The sewer site committee of Calvin and Sanders W4s:ngRjjuested to have a full and complete report for the Council at the regular Council meeting. Mayor Kegley called a special meeting for Wednesday Night, December 15,1965 at 7:00 P. M. for the purpose of checking the report pre- 284 sented by Kay ServiceCompany for extras on their contract. Attorney to be present at this meeting. b A motion was made by Councilman NolNo.secon4einthe©amountaoC f$69631.78 that Final Estimate Engineer be paid and that the City execute Certificate of Completione and Certificate of Acceptance on this Contract. WHEREUPON, was asked and the motion carried, all Councilmen present voted if with no "noes." A motion was made by Councilman Shukanes, seconded b Counclmbe paidan that based on Engineer's Estimate No. 4, the sum of T4,733.2 to the Layne Texas Company. 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 Shukanes that Walsh & McLaren be paid the sume of $121.92 for Final Invoice 12/9/651 WPC -Tex -352, Sanitary Sewage Facilities - Jr. Sr. high School project. WHEREUPON, tfthequestion was asked and the motion carried, all Council- men voted ayet1with no noes. A motion was made by Councilman Nolen, seconded by Councilman Shukanes that Walsh and McLaren be paid the sum of $128,.25 on their Final 12/9/65 Invoice - WPC-TEX 336 Sanitary Sewage Facilities, Contract A and Contract B, Texala Contruction Company. 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 Shukanes that Walsh & McLaren be paid the,sum of $526.55 for invoice dated 12/9/65 water and sewer facilities and resident inspection. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." 285 City Meeting adjourned at 10:00 P. M. Minutes approved as read and/or corrected this the �'day of 1965. Attest: 12 City Secretary 286 MINUTES OF A SPECIAL MEETING HELD ON DECEMBER 15, 1965 BY THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS AT 7:30'P. M. A special meeting of the Pearland City Council was called to order at 7:30 P. M. on December 15, 1965 by Mayor Kegley with the following present: Absent: Mayor Councilman Councilman Councilman City Attorney Superintendent of Public Works City Secretary Engineer's Inspector Councilman Councilman John G. Kegley Basil L. Cogbill Steven A. Shukanes Gene E. Sanders j Jack Harrison Escue V. Harris W. A. McClellan Jim Taylor Victor A. Nolen Joe Dan Calvin Mayor Kegley stated that the purpose of the meeting was to review and study Kay Construction Company's report for extra work on their contract with the City -of Pearland for additions to the water works system. No. 1. - This is o. k. No. 2. - This was purchased and installed by the City. No. 3. - Discuss this with Kay Construction Company and City Engineer William C. Walsh. No. 4. - Not allowed. It appears that tapping tee was exchanged for mother connection. No change order. No. 5. - Where is change order, this was discussed in Council meeting and approved by Council. No. 6. - Discuss with Kay Construction Company and Engineer Walsh. No. 7. - Why was Engineer not acquainted with the fact that a sewer line had been designed for the same side of the street as water line. Discuss with Kay Construction Company and Engineer Walsh. No. 8 - Why change and then reversal of change made? Does 40' of ditching cost $451.50? Was there a gasket left out of the line? No. 9 - Not allowed. No.10.- Not allowed. It was unanimously agreed that a meeting should be held between the City Council and the Kay Construction Company in the early part of 1966 to discuss all 48 items. Meeting adjourned at 9:30 P. M. Minutes approved as read and/or corrected 1-511 1966. test: City Secretary this the 2 day of