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1975-11-24 CITY COUNCIL REGULAR MEETING MINUTESf 49 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 24, 1975, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary Absent: Mayor Carlton McComb. Cecil W. Griffin Harry Farley Gene E. Sanders Tom Reid Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by the Rev. Art Jones. The Pledge of Allegiance was led by Councilman Sanders. APPROVAL OF THE MINUTES: It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of the regular meeting held on November 11, 1975 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: Bobby Williams, City Attorney advised that a meeting would be set up between the Poundmaster, City Manager Wolff and himself to discuss the revisions requested in the Dog Ordinance. CITIZENS: None DOCKETED PUBLIC HEARINGS: 1. Houston Lighting and Power Company's request for rate increase. PERSONS WISHING TO SPEAK FOR THE PROPOSED RATE INCREASE: Mr. Otto Schroeder, Brazoria Division Manager of the Houston Lighting and -Power Company read a prepared statement to the City Council outlining the H. L. & P. position on the requested increase. He advised that the rate increase requested in Pearland was the same as requested in Houston. This rate increase was re- jected in Houston. The Light Company secured a Temporary Injunction and the so rates were placed into effect. The Houston rate increase is subject to refund with interest if the new rates exceed the level the Court finds to be just and reasonable. In the event the rates are lowered in Houston, the Houston Light- ing and Power Company will make similar changes in Pearland and refunds, with interest at the rate of 6% per annum, to the residential and small commercial customers in Pearland on the same basis as any refunds made within the City of Houston. He advised that the rate of return has dropped to 5.58% due to gen- eral inflation, increases in State and Local taxes, environmental protection cost and similar items. He also advised that the rate of return on investment allowed by the Railroad Commission on some other utilities in Texas has been 8%. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED RATE INCREASE: None QUESTIONS BY THE CITY COUNCIL: Mayor Pro Tem Griffin asked if the Houston Lighting and Power Company would accept a lower rate in the City of Pearland than the rates charged in the City of Houston. Mr. Schroeder replied that the Houston Lighting & Power Company wished to keep uniform rates in all areas served by the Company and the Court judicated rate would be the one that comes back to Pearland. In response to questions by Councilman Sanders, Mr. Schroeder advised that the percent of in- crease requested was approximately 14.4%. The current cost of fuel is incor- porated in the new rates. ADJOURNED THE PUBLIC HEARING AT 8:10 P. M. UNFINISHED BUSINESS: APPOINTMENT TO IMPROVEMENT AND BEAUTIFICATION BOARD: City Councilman Reid advised that the Committee for appointments met and would like to recommend Mrs. Pauline Klosterman, 3207 Regal Oaks Drive, Pearland, Texas, as a member of Improvement and Beautification Board. It was moved by Councilman Reid, seconded by Councilman Sanders that Mrs. Pauline Klosterman be appointed to fill the unexpired term vacant on the Improvement and Beautification Board. Motion passed 5 to 0. BID NO. 75-11, FIRE DEPARTMENT CAB AND CHASSIS: Harold Sanders from the Volunteer Fire Department advised that the bids submitted had been checked and all four bids were not in compliance with the specifications. The Volunteer Fire Department requested that all bids be rejected and new bids be secured. v� It was moved by Councilman Sanders, seconded by Councilman Farley that the Council follow the wishes of the Volunteer Fire Department in rejecting all bids submitted under Bid No. 75-11. Motion passed 5 to 0. BRUSH, CONSTRUCTION AND DEMOLITION FILL - ARDIN C. HILL, JR.: Mayor Pro Tem Griffin read a draft of a letter dated November 24, 1975 by Mayor McComb, addressed to Ardin C. Hill, Jr. with a carbon copy to the Texas Department of Health Resources, advising that the City offer no objection to the operation of a Brush -Demolition Fill at a site near Dixie Farm Road at its intersection with Highway 35 if the operation is in strict conformance with the applicable laws of the Texas Department of Health Resources - particularly Section A 3.15 of the Municipal Solid Waste Regulations. It was moved by Councilman Reid, seconded by Councilman Farley that the Mayor be authorized to sign the above letter and send a copy to the Texas Department of Health Resources. Motion passed 5 to 0. NEW BUSINESS: RESOLUTION NO. 75-27, AUTHORIZING ISSUANCE OF TIME WARRANTS: Resolution No. 75-27 read in full by Mayor Pro Tem Griffin. It was moved by Councilman Farley, seconded by Councilman Reid that Resolution No. 75-27 be passed and approved on first and final reading. Said Resolution No. 75-27 reads in caption as follows: RESOLUTION NO. 75-27 A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS, TO -WIT: THE CONSTRUCTING OF PERMANENT STREET IMPROVEMENTS WITHIN CERTAIN AREAS OF THE CITY IN WHICH PROPERTY OWNERS ON ANY STREET HAVE AGREED TO PARTICIPATE WITH THE CITY IN THE COST OF SAID IMPROVEMENTS AS EX- PRESSED IN THE CITY OF PEARLAND'S STREET PARTICIPATION PAVING POLICY RESOLUTION NO. 71-26, AND AMENDED UNDER RESOLUTION NO. 73-5; APPROVING CLAIMS FOR LABOR, MACHINERY, SUPERINTENDENCE AND SPECIFIED MATERIALS IN ACCORDANCE WITH BID NO. 75-7 THEREWITH; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIMS; CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. 52 RESOLUTION NO. 75-28, A RESOLUTION DESIGNATING REPRESENTATION TO HOUSTON- GALVESTON AREA COUNCIL GENERAL MEMBERSHIP BODY: Resolution No. 75-28 read in full by Mayor Pro Tem Griffin. It was moved by Councilman Frank, seconded by Councilman Sanders that Resolution No. 75-28, naming Tom Reid as Representative, and Harry Farley as Alternate, to the General Membership Body of the Houston -Galveston Area Council be approved on first and final reading. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. ORDINANCE NO. 317, AN ORDINANCE OF THE CITY OF PEARLAND ADOPTING AND APPROVING THE RATE SCHEDULES OF THE HOUSTON LIGHTING AND POWER COMPANY - RS 1 and MGS l: It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 317 be passed and approved on first of two readings. Said Ordinance No. 317 reads in caption as follows: ORDINANCE NO. 317 AN ORDINANCE OF THE CITY OF PEARLAND, BRAZORIA AND HARRIS COUNTIES, TEXAS, ADOPTING AND APPROVING THE RATE SCHEDULES OF HOUSTON LIGHTING AND POWER COMPANY TO BE KNOWN AS SCHEDULE RS -1 AND SCHEDULE MGS-1 SET FORTH IN EXHIBIT "A" AND EXHIBIT "B" AS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE: AND PRO- VIDING FOR AN EFFECTIVE DATE FOR SUCH RATE OR RATES. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. The representative of the Houston Lighting & Power Company was requested to write a letter stating that if maximum rate ordinance was passed and approved on final reading, the Houston Lighting and Power Company will make refunds on the same basis as Houston customers, with interest at 6% per annum, when the litigation concerning the rates is finally settled between the Houston Lighting and Power Company and the City of Houston. REPLAT OF WOODCREEK, SECTION II: Mayor Pro Tem Griffin read a letter dated November 7, 1975 from the Hinton Mortage & Investment Company requesting that Section II of Woodcreek Subdivision be developed into two sections. This being due to the difficult money market. Phase I will be developed into 107 lots with Phase II being developed into 83 lots. Mayor Pro Tem Griffin also read a letter from the Planning and Zoning Commission dated November 24, 1975 recommending Woodcreek Section II be accepted as a Replat of Section II and III. It was moved by Councilman Farley, seconded by Councilman Reid that the replat of Section II of Woodcreek Subdivision be approved based on the recommendation of the City Attorney and the Planning and Zoning Commission. Motion passed 5 to 0. ADJOURN: Meeting adjourned at 8:45 P. M. Minutes approved as submitted and/or corrected this the _�_ day of A. D. 1975. Mayor ATTEST: i City Secretary 53