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1976-04-26 CITY COUNCIL REGULAR MEETING MINUTES125 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 26, 1976, 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 Carlton McComb Councilman Cecil W. Griffin Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Harry Farley Tom Reid Benny J. Frank William E. Wolff (Entered 7:40 P.M.) Bobby J. Williams Dorothy L. Cook The Invocation was given by Councilman Reid. The Pledge of Allegiance was led by Councilman Frank. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Frank that the minutes of a regular meeting held on April 12, 1976 be approved as submitted. Motion passed 3 to 0. Councilman Farley not present at this time. CHANGE IN ORDER OF BUSINESS: APPOINTMENT OF TWO MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR THREE YEAR TERM: It was moved by Councilman Reid, seconded by Councilman Frank that Commissioner Douglas Vaughn be re -appointed to another three year term, and appoint Charles R. Mack to serve the three year term on the Planning and Zoning Commission. Motion passed 4 to 0. Mayor McComb administered Oath of Office to Mr. Vaughn and Mr. Mack. MAYOR'S ACTIVITY REPORT: Mayor McComb asked City Manager Wolff to report on the $8,000.00 allocation from the County which this year had been assigned for road construction to Dixie Farm Road from the south City limits to the bridge on Mary's Creek bypass. Mr. Wolff reported that he had contacted Commissioner Griffin and was advised by him that the only thing that would be done on this project would be to spread some oil on that portion of Dixie Farm Road between the Mary's Creek bypass and the City limits, if the City furnished the oil. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wolff stated that Mr. A. M. Wade, Train Master of Santa Fe, advised him that the City can now proceed with the construction on the ongrade crossing at Walnut Street and Highway 35. CITIZENS: Mrs. Joan Meleski, President of the Sherwood Civic Club presented the following letter to the City Council: "April 26, 1976 Mayor McComb City Council Pearland, Texas 77581 SUBJECT: Sherwood Deed Restrictions, City Ordinance Gentlemen: As President of SHERWOOD CIVIC CLUB INC., representing more than fifty percent of the residents of Sherwood Subdivision, I present a copy of the Sherwood Deed Restrictions. The club asks that a copy be placed on record with the City of Building Permit office. An active Civic Club and City of Pearland's interests are mutual, that property values within the subdivision be upheld. These property values represent the investment of the residents as well as the Tax Base for the City. SHERWOOD CIVIC CLUB therefore asks that before a building permit is granted, the applicant be requested to furnish a letter of compliance with Sherwood Deed Restrictions signed by members of the Board of Directors of SHERWOOD CIVIC CLUB INC. These Directors are: Mr. Don Crawford, 2707 Robinhood Ct. Mr. Dick Garrison, 2703 Wilshire Mrs. Maida Blaylock, 2718 Stratford Mr. Lawrence Meleski, 2710 Churchill Mr. Wayne Yeo, 3402 Churchill Page 2 Sherwood Deed Restrictions The letter of compliance would state that plans submitted are acceptable on basis of deed restrictions, but compliance with existing or future city ordinances would remain the domain of the city. The SHERWOOD CIVIC CLUB INC. suggests that no permit be issued for plans that are in violation of either City Ordinance or Deed Restrictions. SHERWOOD CIVIC CLUB INC. also asks that a listing of City Ordinances and City Deed Restrictions be drawn and distributed to each Civic Club in the City. This listing should show the restrictions and ordinances that the City Attorney will enforce and which are left for enforcement by the Civic Clubs. Very truly yours, Signed by Joan A. Meleski SHERWOOD CIVIC CLUB INC." DOCKETED PUBLIC HEARINGS: None ORDINANCE NO. 224-1, AN ORDINANCE AMENDING ARTICLE II, SECTION 7-17, CODE OF ORDINANCES: Ordinance No. 224-1 was read in full by Councilman Griffin. (Second and Final Reading) It was moved by Councilman Farley, seconded by Councilman Griffin that Ordinance No. 224-1 be passed and approved on second and final reading. Said Ordinance No. 224-1 reads in caption as follows: ORDINANCE NO. 224-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II, SECTION 7-17 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Farley. Voting "No" - none Motion passed 4 to 0. ORDINANCE NO. 58D, AN ORDINANCE AMENDING CHAPTER 27, SECTION 27-2, CODE OF ORDINANCES: Ordinance No. 58D was read in full by Councilman Farley. (Second and Final Reading) It was moved by Councilman Frank, seconded by Councilman Reid that Ordinance No. 58D be passed and approved on second and final reading. Said Ordinance No. 58D reads in caption as follows: ORDINANCE NO. 58D AN ORDINANCE AMENDING CHAPTER 27, SECTION 27-2 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING SPECIFIC PROVISIONS THERETO; CONTAINING OTHER PROVISIONS RELATING TO SAID AMENDMENTS AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilman Farley, Councilman Reid, Councilman Griffin, Councilman Frank. Voting "No" - None Motion passed 4 to 0. NEW BUSINESS: CALL OF PUBLIC HEARING BEFORE PLANNING AND ZONING COMMISSION ON APPLICATION NO. 26, REQUEST FOR CHANGE IN LAND USE BY TOMMY G. HAMBY, ET UX: It was moved by Councilman Griffin, seconded by Councilman Reid that a Public Hearing before the Planning and Zoning Commission on Application No. 26 request for change in land use by Tommy G. Hamby be set for May /1,, 1976 at 7:30 P. M. Motion passed 4 to 0. CALL OF PUBLIC HEARING IN ACCORDANCE WITH SECTION 9.08 OF HOME RULE CHARTER REQUEST BY HOUSTON LIGHTING AND POWER COMPANY FOR RATE CHANGE: It was moved by Councilman Griffin, seconded by Councilman Farley that a Public Hearing before the City Council on the request by Houston Lighting and Power Co. for rate change be set for May 10, 1976 at 7:30 P. M. under Docketed Public Hearings of the regular agenda of the City Council meeting. Motion passed 4 to 0. ma CALL OF PUBLIC HEARING IN ACCORDANCE WITH SECTION 9.08 OF HOME RULE CHARTER - REQUEST BY SOUTHWESTERN BELL TELEPHONE CO. FOR RATE INCREASE: It was moved by Councilman Griffin, seconded by Councilman Farley that a Public Hearing before the City Council on the request by Southwestern Bell Telephone Co. for rate increase be set for May 10, 1976 at 7:30 P. M. under Docketed Public Hearings of the regular agenda of the City Council meeting. Motion passed 4 to 0. CALL OF PUBLIC HEARING BEFORE CITY COUNCIL ON STREET ASSESSMENT AGAINST ABUTTING PROPERTY OWNERS: FRANCES DRIVE, TAYLOR LANE, MCGINNIS DRIVE, WILLITS DRIVE, AND CREEKRIDGE DRIVE. It was moved by Councilman Griffin, seconded by Councilman Reid that a Public Hearing before the City Council on street assessment of Frances Drive, Taylor Lane, McGinnis Drive, Willits Drive, and Creekridge Drive be set for May 19, 1976 at 7:30 P.M. Motion passed 4 to 0. APPROVAL OF ACTING TRAFFIC ENGINEER'S REPORTS - NO. 32, TWO STOP SIGNS ON FITE ROAD, NO. 33, TWO STOP SIGNS ON GALVESTON AVENUE. Traffic Engineer's Reports No. 32 and No. 33 were read in full by City Attorney Bobby Williams. It was moved by Councilman Farley, seconded by Councilman Reid that the Acting Traffic Engineer's Reports No. 32 and No. 33 be accepted as part of the minutes of this meeting. Motion passed 4 to 0. It was moved by Councilman Farley, seconded by Councilman Reid that two stop signs depicting traffic on Fite Road with Sign No. 1 located on the northeast corner of Fite Road, facing east, at its intersection with Hatfield, and Sign No. 2 located on the southwest corner of Fite Road, facing west, at its inter- section with Hatfield be hereby affirmed and ratified and the same be officially declared as official traffic devices in and for the City of Pearland, Texas. Motion passed 4 to 0. It was moved by Councilman Farley, seconded by Councilman Reid that two stop signs depicting traffic on Galveston Avenue with Sign No. 1 located on the southeast corner of Galveston Avenue, facing south, at its intersection with East Broadway (FM 518), and Sign No. 2 located on the northwest corner of Galveston Avenue, facing north, at its intersection with East Walnut Street be hereby affirmed and ratified and the same be officially declared as official traffic devices in and for the City of Pearland, Texas. Motion passed 4 to 0. ORDINANCE NO. 321, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON MYKAWA ROAD. Ordinance No. 321 was read in full by Councilman Reid. (First Reading) 1 - It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 321 be passed and approved on first reading. Said Ordinance No. 321 reads in caption as follows: ORDINANCE NO. 321 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIC STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIO- LATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Farley. Voting "No" - None Motion passed 4 to 0. AUTHORIZATION FOR THE MAYOR TO PLACE NOTICE IN THE OFFICIAL NEWSPAPER OF THE CITY OF THE INTENT TO ISSUE CERTIFICATES OF OBLIGATION PURSUANT TO ARTICLE 2368 a.l OF THE REVISED CIVIL STATUTES OF TEXAS. Resolution No. 76-10 was read in full by Councilman Griffin. It was moved by Councilman Reid, seconded by Councilman Griffin that Resolution No. 76-10 be passed and approved on first and final reading. Said Resolution No. 76-10 reads as follows: THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 26th day of April, 1976, at the City Hall and the roll was called of the duly constituted officers and members of the City Council and the City Secretary of the City, to -wit: Carlton McComb Cecil W. Griffin Harry Farley (Vacancy) Tom Reid Benny J. Frank Dorothy L. Cook Mayor Councilman and Mayor Pro Tem Councilman Councilman Councilman Councilman City Secretary and all of said persons were present, except the following absentees: None , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written resolution entitled: RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NOES: None. The Mayor thereupon announced that the Resolution had been duly and lawfully adopted. The Resolution thus adopted follows: RESOLUTION NO. 76-10 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the"City"), deems it advisable to issue Certificates of Obligation of the City in accordance with the notice hereinafter set forth; aw THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The City Secretary is hereby authorized and directed to cause to be published in the manner required by law a notice of intention to issue Certificates of Obligation in substantially the following form: NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Pearland, Texas (the "City"), will meet in the City Hall, City of Pearland, Texas, at 7:30 P. M. on May 24, 1976, to adopt a resolution authorizing the issuance of the City's certificates of obligation, payable from City ad valorem taxes, in the maximum aggregate principal amount of $300,000, bearing interest at a rate not in excess of that prescribed by Article 717k-2, V.T.C.S., as amended, and maturing over a period of years not to exceed twenty (20) years from the date thereof, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of (1) the construction and improvement of the roads, bridges, and streets of the City, such work to be done by employees of the City and paid for as such work progresses, (2) the purchase of the necessary rights-of-way therefor, and (3) the cost of professional services incurred in connection therewith. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 26th day of April, 1976. /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) Section 3. The notice set forth in Section 2 above shall be published _ once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City of Pearland, the date of the first publication to be not less than fourteen (14) days prior to the date tentatively set in said notice for the passage of the resolution authorizing the issuance of such Certificates of Obligation. 1c2 Section 4. The Mayor, City Secretary, and other officers of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 5. This resolution shall take effect immediately upon its passage. Section 6. It is hereby officially found and determined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this resolution is adopted and for the adoption of this resolution; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, and ratified. PASSED AND APPROVED this 26th day of April, 1976. ATTEST: /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) /s/ Carlton McComb Mayor CITY OF PEARLAND, TEXAS Voting "Aye" - Councilman Farley, Councilman Griffin, Councilman Reid, Councilman Frank. Voting "No" - None. Motion passed 4 to 0. OTHER BUSINESS: None. Meeting recessed at 8:30 P.M. for five minutes before going into Executive Session. EXECUTIVE SESSION - PERSONNEL - SECTION 2, SUBSECTION (g) TEXAS OPEN MEETINGS LAW. Meeting reconvened at 9:29 P. M. to open session for any action as a result of Executive Session. No action as a result of Executive Session. ADJOURN: Meeting adjourned at 9:30 P.M. Minutes approved as submitted and/or corrected this day of , A. D. 1976. •+w c Mayor ATTEST City Secretary SPECIAL CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, `ZXASP HELD ON MAY 6, 1976, AT 7:10 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 Benny J. Frank, Councilman Tom Reid and Councilman Farley. Also,present City Manager William E. Wolff, City Attorney Bobby Williams and City Secretary Dorothy Cook.1 Absent: Councilman Cecil W. Griffin.