1976-05-19 CITY COUNCIL PUBLIC HEARING MEETING MINUTES141
MINUTES OF A PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON MAY 19, 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 Harry Farley
Councilman Terry Gray
Councilman Tom Reid
City Manager William E. Wolff
City Attorney Bobby J. Williams
City Engineer Malcolm Collins
City Secretary Dorothy L. Cook
Absent: Councilman Griffin and Councilman Frank
PURPOSE OF THE PUBLIC HEARING:
Mayor McComb advised that the Public Hearing was being held pursuant to the
authority and statutory requirements of Article 1105B of the Revised Civil Statutes
of Texas, and the purpose of the Hearing was to consider the proposed street im-
provement assessment against abutting property owners on the following streets
and portions thereof as described in Ordinance of Necessity No. 245:
Frances Drive - From the North right-of-way line of F.M. 518 (West Broadway),
approximately 1,043 feet Northerly along the center line of Frances Drive to the
South right-of-way line of Cherry Street.
Taylor Lane - From the East right-of-way line of Sleepy Hollow Drive, Easterly
to the Westerly property line extended of Lot 6, Block 13, Sleepy Hollow Estates.
McGinnis Drive - From the Westerly property line extended of Lot 6, Block 13;
Sleepy Hollow Estates, Southeasterly property line extended of Lot 1, Block 17,
Sleepy Hollow Estates. Total Street Improvements being approximately 1,519
feet. Paving Improvements abutt Lot 1 through 10 of Block 13 and Lot 1, Block
17 of Sleepy Hollow Estates.
NOTICE AND HEARING:
City Secretary testified that all statutory notices of the Hearing had been duly
mailed and published in accordance with Article 1105B, Vernon's Annotated Civil
Statutes and that no railways were affected by this proposed street assessment.
TESTIMONY IN BEHALF OF THE CITY:
City Attorney Bobby Williams presented evidence on behalf of the City by calling
for the testimony of Malcolm Collins, City Engineer and Jim McDevitt, Independent
Real Estate Appraiser. Mr. Collins testified that before the improvements were
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made the streets were of shell composition, with an average width of 16 to 18 feet.
Mr. Collins further testified that the streets have been improved by placing base
material of crushed rock and a double penetration of asphalt. The average width
of the street asphalt topping was 24 feet. Mr. Collins testified that the cost
estimate on Frances Drive was $6,659.50 which approximates $6.39 a linear foot
and on Taylor Lane and McGinnis Drive the total cost was $9,687.75 which approx-
imates $6.38 per linear foot.
Mr. Collins testified that at $2.00 per front foot the property owners were paying
slightly less than one-third of the total cost of the improvements, and..recommended
that the City Council accept these streets as completed under the project.
Real Estate Appraiser,Jim McDevitt,testified that he was familiar with the streets
covered by this Hearing and that before improvements they were open ditch shell
roadways between 17 feet and 19 feet wide. Mr. McDevitt testified that he had
made an inspection of the streets after improvements, at the request of the City,
and found that the roadways have been topped with asphalt on base material with
widths such as City Engineer Collins described. Mr. McDevitt testified that in
his opinion all of the property abutting these streets have been enhanced in
value at least $2.00 per front foot, in fact, he considered that all of the
property value had increased by at least 20% to 25% due to the improvement of the
streets.
PROPERTY OWNERS' QUESTIONS AND TESTIMONY:
Mr. Henry Lee, 2506 Frances Drive - asked about the drainage ditch in front of
his property and was advised that the City had asked the Drainage District to clean
out this ditch to help the drainage problem in the area.
Mr. Frank Lee, Jr., 2506 Taylor Lane, advised that the amount of footage shown on
the Engineer's Roll was incorrect since part of the property had been sold. Mr.
Lee was advised that a correction would be made on the roll.
Dr. Bobby Stevener stated that he did not think that his property should be on the
Engineer's Roll as part of the improvement on Taylor Lane since the area on Taylor
Lane adjacent to his property was paved prior to this project. Dr. Stevener was
advised that his property would be removed from the Engineer's Roll on assessments.
Mr. Sam Fillingim, 2502 Frances Drive asked about the number of property owners
signing before a street could be improved under the Street Participation Program.
The Street Participation Program of the City was explained to Mr. Fillingim.
After the close of the property owner's questions, the Mayor asked if any other
citizen owning property abutting the streets improved wished to present testimony.
Hearing none, the Mayor recessed the Public Hearing until the 24th day of .May under
Docketed Public Hearings of the regular agenda of the City Council. Meeting recessed
at 8:20 P.M.
Mayor McComb called second hearing to order at 8:30 P.M.
PURPOSE OF THE PUBLIC HEARING:
Mayor McComb advised that the Public Hearing was being held pursuant to the authority
and statutory requirements of Article 1105b of the Revised Civil Statutes of Texas,
and the purpose of the Hearing was to consider to propose street improvement assess-
ment against abutting property owners on the following streets and portions thereof
as described in Ordinance of Necessity No. 284:
Willits Drive - From the Northwesterly right-of-way line of Dixie Farm Road along
the center line of Willits Drive approximately 975 feet to the Northwesterly prop-
erty line of Lot 1, Block 3 of McGinnis Subdivision extended.
Creekridge Drive - From the Southwesterly right-of-way line of Willits Drive along
the center line of Creekridge Drive approximately 1,700 feet to the Northeasterly
right-of-way line of McGinnis Drive.
McGinnis Drive - From the Northwesterly right-of-way line of Dixie Farm Road along
the center line of McGinnis Drive approximately 1,000 feet to the Northwesterly
property line of Lot 1, Block 1 of McGinnis Subdivision extended.
Taylor Lane - From the intersection of McGinnis Drive along the center line of
Taylor Lane, Northeasterly and Easterly approximately 1,800 feet to the North-
westerly property line of McGinnis Subdivision.
NOTICE OF HEARING:
The City Secretary testified that all statutory notices of the Hearing had been
duly mailed and published in accordance with Article 1105b, Vernon's Annotated
Civil Statutes and that no railways were affected by this proposed street assessment.
TESTIMONY IN BEHALF OF THE CITY:
City Attorney Williams presented evidence on behalf of the City of Pearland by
calling for the testimony of Malcolm Collins, City Engineer and Jim McDevitt,
Independent deal Estate Appraiser.
Mr. Collins testified that before the improvements were made the streets were of
shell composition with bar ditches. He further testified that the improvements to
the streets were made in accordance with plans and specifications on file with the
City with a deviation in some degree on the width due to unusual circumstances
such as yards, trees and physical make-up of the roadways. The width of the im-
proved surface would be approximately 24 feet. The roadways were constructed of
wide
an asphalt surface, double penetration type, on a 27 inch /crushed concrete base.
Mr. Collins testified that the cost estimate was $41,640.06 total of all four road-
ways. He testified that the owners of the abutting property were paying less than
900 of the cost of improvements.
QUESTIONS FROM THE AUDIENCE:
Mr. C. B. Goolsby, 2414 Creekridge Drive, advised that he was present at the time
the contractor was topping Creekridge Drive and only one layer of rock and asphalt
was placed on this road.
Jack Dempsey, 1702 Willits Drive, asked if the elevation of Creekridge Drive was
checked since a drainage problem to his property has developed since the improve-
ments were made.
Mr. Ray Corder, 1606 Willits Drive, also advised the Council that only one layer
of rock and asphalt was placed on Creekridge Drive.
Mrs. Allen Blackman, Jr., 1601 Willits Drive, asked whether or not the manholes
should have been covered when the street was resurfaced. Mr. Collins advised that
a program was underway at this time to raise all manholes in the City, so that
this problem should be alleviated in the future.
James Holley, 1704 Willits Drive, asked about the age timing on the base of the
streets. Mr. Collins advised that no time was set for this type of base material
(crushed concrete).
Several people advised that the driveways were not completed.
TESTIMONY OF JIM MC DEVITT:
Mr. McDevitt testified that he was a duly licensed real estate broker in the
State of Texas and at the request of the City had made an inspection of the
improvements on Willits Drive, Creekridge Drive, McGinnis Drive and Taylor Lane.
He found the roads to be black topped or asphalt topped streets with width
described by City Engineer. He testified that prior to the improvements on the
roadways they were all shell. He further testified that the value of the abutting
property had been enhanced by a value at least greater than $2.00 per front foot.
PROPERTY OWNERS TESTIMONY:
Mr. C. B. Goolsby, 2414 Creekridge Drive stated that since only one layer of
asphalt and rock was placed on Creekridge'Dr., he felt the property owners should
not have to pay the full $2.00 per front foot assessment.
Mr. Jack Dempsey, 1702 Willits Drive, requested the drainage ditch be put back
into the same condition it was before the street participation paving started.
Robert Robinson, 1604 Willits Drive, advised that he felt some compensation should
be made due to the fact that the Willits Drive was not 24 feet in width but more
like 20 feet.
Mayor McComb read into the records a letter from George H. Counts, Jr., 1602
Willits Drive, regarding the width of paving on Willits Drive. Mrs Count',s letter
stated that the width was 20 feet rather than 24 feet and he felt some adjustment
should be made in the assessment for this paving.
Mayor McComb advised that before the ordinances are read there will be some
consideration given to this matter.
Mr. Ray Corder spoke to the City Council regarding the condition of the bridge
of Willits Drive.
"May 19, 1976
Vie -I 6a orable Carlton McComb
Mayor City of Pearland
City Hall
Pearland, Texas 77581
RE: STREET ASSESSMENTS
ORDINANCE NO. 284
Dear Sir:
I have received the Notice of Public Hearing on STREET ASSESSMENTS which
will be held on May 19, 1976. I will be away from the city and unable to attend
the public hearing. I wish to take this opportunity to state my position in
this matter.
I own Lot 12, Block 2, McGinnis Sub. RE: 1602 Willits Drive with 312.16
Feet of Frontage.
Subject notice indicates a paved width of Twenty -Four Feet (24') to be
constructed. Actually, the approximate measurement of the pavement is Twenty
Feet (201) in several places fronting my property.
I have no quarrel with -the quality of the paving, but V do believe that an
adjustment of the cost per front foot of paving should be made to conform with
the prorated completed paving. i.e. 20/24 x $2.00.
Your attention to this matter would be appreciated.
Sincerely,
George H. Counts, Jr.
1602 Willits Drive
Pearland, Texas 77581"
RECESS:
Mayor McComb recessed the Hearing until the next regular council meeting.
Hearing recessed at 9:20 P. M.
Minutes approved as submitted and/or corrected this /V-, day of
A. D., 1976.
Mayor, City of Pearland
ATTEST:
City Secretary
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