1975-12-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON DECEMBER 8, 1975, AT 7:40 P.M. IN THE CITY HALL, 2335 N. TEXAS AVENUE,
PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor Carlton McComb
Councilman Cecil W. Griffin
Councilman Harry Farley
Councilman Gene E. Sanders
Councilman Tom Reid
City Manager William E. Wolff
City Attorney Bobby J. Williams
City Secretary Dorothy L. Cook
Absent: Councilman Benny J. Frank
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Rev. Art. Jones. The Pledge of Allegiance was led by
Councilman Sanders.
APPROVAL OF MINUTES:
It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes
of a Public Hearing held on November 17, 1975 be approved as submitted.
Motion passed 4 to 0.
It was moved by Councilman Sanders, seconded by Councilman Farley that the minutes
of a regular meeting held on November 24, 1975 be approved as submitted.
Motion passed 4 to 0.
It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes
of a Public Hearing held on November 25, 1975 be approved as.submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor McComb reported that the Route Hearing for the proposed freeway will be
held on January 8, 1975 in the C. A. Nelson Auditorium. Mayor McComb advised
that a Resolution would be prepared and placed on the Agenda of the next regular
meeting for Council consideration pertaining to the proposed freeway.
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS:
Mykawa Road Right -of -Way: City Manager Wolff advised that he had discussed with
the City Attorney the proper approach to obtaining right-of-way on Mykawa Road
for the installation of a new water line. The City Attorney advised that the first
thing necessary, before any letters were written making an offer to the owners of
the land, would be to have an independent fee appraiser give his estimation of the
appraised value of the strip of land on each parcel. Mr. Wolff advised that he
had asked the City Attorney to contact a qualified appraiser. Mr. Williams has
made a contact and the Council will be asked to enter into a contract with the
Appraiser for this work at a•later meeting.
Knapp Road: Mr. Wolff advised that he had not received any response from the
owner of the tract of land needed for the widening of Knapp Road. He felt that
we could use the services of the appraiser in arriving at an appraised value
which will be required. The only question is the amount of land to be desired.
City Engineer Malcolm Collins advised the Council that he recommended 70 feet of
right-of-way (total) for the project. This would be an additional 30 feet of
right-of-way to be obtained. Mr. Collins recommended two twenty foot riding
surfaces, a 14 foot median with 8 feet on each side, making a total of 70 feet.
A discussion was held regarding the amount of additional right-of-way the City
should acquire for this project.
Meeting recessed 8:05 P.M. and reconvened at 8:10 P.M.
It was moved by Councilman Griffin, seconded by Councilman Reid that the City
Manager, City Attorney and City Engineer be authorized to proceed with obtaining
appraisals on the Mykawa Road right-of-way project for water line purposes, and
for 30 feet additional road section on the south side of Knapp Road.
Motion passed 4 to 0.
Dog Ordinance: City Manager Wolff advised that he met with the City Attorney
and the Dog Warden and discussed the proposed changes by Councilman Sanders for
the Dog Ordinance. City Manager Wolff requested a workshop with the City Council
on this subject.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
ORDINANCE NO. 317 - RATE ORDINANCE - HOUSTON LIGHTING & POWER COMPANY:
Ordinance No. 317 read in full by Councilman Farley. (Seconded Reading)
It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No.
317 be passed and approved on second and final reading in a regular council meeting.
Said Ordinance No. 317 reads in caption as follows:
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ORDINANCE NO. 317
AN ORDINANCE OF THE CITY OF PEARLAND, BRAZORIA AND
HARRIS COUNTIES, TEXAS, ADOPTING AND APPROVING THE
RATE SCHEDULES OF HOUSTON LIGHTING & 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 Reid, Councilman Griffin, Councilman Sanders, and
Councilman Farley.
Voting "no" - None
Motion passed 4 to 0.
ORDINANCE NO. 315 - LOAD LIMIT ORDINANCE:
A general discussion was held on the proposed ordinance by the City Engineer,
City Attorney and the Council. The Mayor asked City Engineer Collins to meet
with the City Attorney after the meeting and give him some idea of the load
limit the streets will stand.
The second reading of the ordinance to be placed on the next regular agenda.
ORDINANCE NO. 173 - DOG ORDINANCE:
A workshop meeting was called for Tuesday, December 16th at 7:30 P.M. in the
City Manager's Office to discuss the proposed revisions in the Dog Ordinance.
NEW BUSINESS:
SELECTION OF ENGINEERING CONSULTANT FOR SANITARY LANDFILL:
Councilman Griffin advised that he and City Manager Wolff met with Bernard
Johnson on December 4., 1975 to discuss with them our needs for the Hearing on
our request for a permit to operate a sanitary landfill, and recommended that
this firm be engaged to do the necessary work by State Requirements. Possible
date of the Hearing is January 20, 1976.
It was moved by Councilman Griffin, seconded by Councilman Farley that Bernard
Johnson, Inc. be engaged as Consulting Engineers with reference to the City of
Pearland's permit for sanitary landfill application on the City's property near
Manvel, and the Mayor be authorized to sign a letter of Agreement between the
City of Pearland and Bernard Johnson, Inc. Motion passed 4 to 0.
APPROVAL OF PAYMENT AS PER CONTRACT DATED NOVEMBER 23, 1963, BRAZORIA COUNTY
W. C. & I. D. NO. 3 - LLOYD YOST AND PEARLAND INVESTMENT COMPANY:
It was moved by Councilman Griffin, seconded by Councilman Reid that the payment
to Pearland Investment Company in the amount of $2,956.00, and to Lloyd Yost in
the amount of $500.00, be made as full and final payment for the amounts pre-
viously advanced for sewer line extensions pursuant to agreement between Pearland
Investment Corporation, Lloyd Yost and the Brazoria County Water Control and
Improvement District No. 3 which was assumed by the City of Pearland. Payment to
Pearland Investment Corp. to be withheld until it has been determined by the City
Attorney the proper officials to pay this reimbursement. Motion passed 4 to 0.
The City Attorney asked that the City Secretary obtain an updated set of minutes
showing the duly elected officers of the Corporation as well as check with the
Secretary of State to see if this is still an active corporation.
The portion of the agreement regarding reimbursement to M. N. McGlathery was
settled by Agreement dated August 27, 1970.
ORDINANCE NO. 246-11, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE:
Ordinance No. 246-11 read in full by Councilman Sanders. (First Reading)
It was moved by Councilman Sanders, seconded by Councilman Griffin that
Ordinance No. 246-11 be passed and approved on first reading with the portion
of the ordinance under Section 1- (2) Article IV Section 00-10, Subsection (6)
deleted.
Meeting Recessed at 8:50 P.M. and reconvened at 9:00 P.M.
Mayor McComb called for a vote on the motion.
Voting "aye" - Councilman Sanders
Voting "no" - Councilman Reid, Councilman Griffin, and Councilman Farley.
Motion failed 3 to 1.
It was moved by Councilman Reid, seconded by Councilman Farley that Ordinance No.
246-11 be passed on first of two readings as submitted. Said Ordinance No. 246-11
reads in caption as follows:
ORDINANCE NO. 246-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CERTAIN PORTIONS OF
ORDINANCE NO. 246, ENTITLED LAND USE AND URBAN
DEVELOPMENT, BY ADDING AND/OR DELETING AND/OR
CHANGING SPECIFIC PROVISIONS CONTAINED THEREIN;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING OTHER
PROVISIONS IN RELATION THERETO.
Voting "aye" - Councilman Farley, Councilman Griffin, and Councilman Reid.
Voting "no" - Councilman Sanders
Motion passed 3 to 1.
ORDINANCE NO. 318 - AN ORDINANCE OF NECESSITY FOR PAVING GLENDA STREET:
Ordinance No. 318 read in full by Councilman Griffin. (First Reading)
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It was moved by Councilman Griffin, seconded by Councilman Sanders that
Ordinance No. 318 be passed and approved on first reading at a regular council
meeting. Said Ordinance No. 318 reads in caption as follows:
ORDINANCE NO. 318
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT OF PORTIONS OF GLENDA STREET,
CITY OF PEARLAND, TEXAS; APPROVING PLANS AND SPECIFICATIONS
FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE
FOR BIDS, IF NECESSARY, DIRECTING THE PREPARATION OF
ESTIMATES; INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE
1105b, VERNON'S REVISED CIVIL STATUTES; PROVIDING THE MANNER
IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE
PAID AND PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH
COST AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF;
PROVIDING FOR THE TERMS OF PAYMENT OF SUCH ASSESSMENTS;
DIRECTING THE CITY SECRETARY TO CAUSE A CERTIFIED COPY OF
THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF
BRAZORIA COUNTY, TEXAS, PROVIDING A SAVINGS CLAUSE AND AN
EFFECTIVE DATE HEREOF.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, and
Councilman Reid.
Voting "no" - None
Motion passed 4 to 0.
OTHER BUSINESS: None
ADJOURN: Meeting adjourned 9:10 P.M.
Minutes approved as submitted and/or corrected this the day of
A. D. 1975.
ATTEST:
City Se /'etary
Mayor