1976-06-28 CITY COUNCIL REGULAR MEETING MINUTES172
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JUNE 28, 1976 AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEAR
The meeting was called to order with the following present:
Mayor
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
Absent: Councilman Harry Farley
INVOCATION AND PLEDGE OF ALLEGIANCE:
Carlton McComb
Tom Reid
Cecil W. Griffin
Terry Gray
Benny J. Frank
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
The invocation was given by Councilman Reid. The Pledge of Allegiance was led
by Brownie Scout Kristie Blackburn.
APPROVAL OF MINUTES:
It was moved by Councilman Griffin, seconded by Councilman Gray that the minutes
of a Public Hearing held on June 7, 1976 be approved as submitted. Motion passed
4 to 0.
It was moved by Councilman Reid, seconded by Councilman Griffin that the minutes
of the regular meeting held on June 14, 1976 be approved as submitted. Motion
passed 4 to 0.
It was moved by Councilman Gray, seconded by Councilman Reid that the minutes of
a special meeting held on June 17, 1976 be approved as submitted. Motion passed
4 to 0.
MAYOR'S ACTIVITY REPORT:
Cadet Phillis Garner, Sr. Scout De De Kaleh, Brownie Scout Kristie Blackburn and
Jr. Scout Denice Hunt presented a Texas Flag to the City to be flown at entrance
to Independence Park.
Councilman Gray reported that a parade and other activities have been planned on
Saturday and Sunday, July 3rd and 4th for the Bicentennial Celebration. Council-
man Frank reported that the Independence Park dedication would be held at 12:00
noon on Saturday, July 3rd, 1976.
173
DEPARTMENTAL REPORTS: None
CITIZENS:
Mrs. Carol Ritter was scheduled to speak before the City Council, however, she
called and requested that her name be placed on the next agenda.
Mrs. Frances Jamison asked several questions regarding the issuance of Certificates
of Obligation. Mayor McComb advised Mrs. Jamison to write her questions and he
would obtain answers for her.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
ORDINANCE NO. 329, HOUSTON LIGHTING AND POWER COMPANY RATE ORDINANCE:
Ordinance No. 329 was read in full by Councilman Reid. (Second Reading)
It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No.
329 be passed and approved on second and final reading in a regular council
meeting. Said Ordinance No. 329 reads in caption as follows:
ORDINANCE NO. 329
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 and Councilman Reid
Voting "No" - Councilman Gray and Councilman Griffin
Tie Vote - Mayor McComb voted "aye"
Motion passed 3 to 2.
ORDER OF BUSINESS CHANGED:
NEW BUSINESS:
AUTHORIZATION FOR STATE OF TEXAS TO FILE SUITE ON BEHALF OF CITY FOR COLLECTION
OF TAXES OWED THE CITY UNDER LOCAL SALES AND USE TAX:
The City Attorney advised that Bob Bullock, Comptroller of Public Accounts sent
a letter requesting permission of the City of Pearland to file suit on its be-
half for collection of any local sales taxes owed it. The letter also asked that
a document be executed and returned to the Attorney General if agreeable with the
City.
It was moved by Councilman Griffin, seconded by Councilman Gray that the City
Attorney be authorized to execute the document giving permission to the State of
Texas to file suit on behalf of the City of Pearland for the collection of any
taxes owed it under the Local Sales and Use Tax Act. Motion passed 4 to 0.
174
ORDER OF BUSINESS CHANGED:
UNFINISHED BUSINESS: (CONTINUED)
ORDINANCE NO. 330, ENTEX, INC. RATE ORDINANCE:
Ordinance No. 330 was read in full by Councilman Gray. (Second Reading)
It was moved by Councilman Gray, seconded by Councilman Frank that Ordinance No.
330 be passed and approved on second and final reading in a regular council
meeting. Said Ordinance No. 330 reads in caption as follows:
ORDINANCE NO. 330
AN ORDINANCE DETERMINING AND FIXING THE MAXIMUM SCHEDULES OF
RATES TO BE CHARGED BY ENTEX, INC., ITS SUCCESSORS AND ASSIGNS,
IN THE CITY OF PEARLAND, TEXAS, FOR NATURAL GAS AND NATURAL GAS
SERVICE FURNISHED BY IT TO RESIDENTUAL AND COMMERCIAL CONSUMERS,
CONTAINING DEFINITIONS, PROVIDING FOR GAS COST ADJUSTMENTS, FIX-
ING THE EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINANCE,
MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCES IN
CONFLICT.
Voting "Aye" - Councilman Griffin, Councilman Reid, Councilman Gray, and
Councilman Frank.
Voting "No" - None
Motion passed 4 to 0.
ORDINANCE NO. 331, ORDINANCE OF NECESSITY FOR PAVING WASHINGTON AVENUE:
Ordinance No. 331, was read in full by Councilman Griffin. (Second Reading)
It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance
No. 331 be passed and approved on second and final reading in a regular council
meeting. Said Ordinance No. 331 reads in caption as follows:
ORDINANCE NO. 331
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING AND IMPROVEMENT OF A PORTION OF WASHINGTON AVENUE,
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 COSTS AGAINST ABUTTING
PROPERTIES AND OWNERS THEREOF; PROVIDING FOR THE TERMS OF PAY-
MENT 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 Frank, Councilman Gray, Councilman Reid, and
Councilman Griffin.
Voting "No" - None
Motion passed 4 to 0.
A. e
ENGINEER'S COST ESTIMATE FOR IMPROVEMENTS TO WASHINGTON AVENUE:
Mayor McComb read the following information submitted by the City Engineer on
street improvements to Washington Avenue.
CITY OF PEARLAND - ORDINANCE NO. 331
STREET IMPROVEMENT PROGRAM - WASHINGTON AVENUE
ENGINEER'S COST ESTIMATE
Equipment and Labor Costs $ 1,525.00
Legal, Administrative & Engineering 185.00
Total Materials 3,801.06
Total Estimated Cost $ 5,511.06
Total Approximate Project Length - 609.5 ft. Average Cost Per Foot - $9.04
It was moved by Councilman Griffin, seconded by Councilman Gray that the
Engineer's Cost Estimate be accepted into the records of this meeting. Motion
passed 4 to 0.
RESOLUTION NO. 76-15, RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BY AND BETWEEN THE CITY OF PEARLAND AND VINSON, ELKINS, SEARLS, CONNALLY, &
SMITH - CERTIFICATES OF OBLIGATION SERIES 1976 and 1976A.
Mayor McComb read Resolution No. 76-15 in full.
It was moved by Councilman Frank, seconded by Councilman Gray that Resolution No.
76-15 be passed and approved on first and final reading. Said Resolution No.
76-15 reads in caption as follows:
RESOLUTION NO. 76-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY
AND BETWEEN THE CITY OF PEARLAND AND VINSON, ELKINS, SEARLS,
CONNALLY, AND SMITH.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, and
Councilman Griffin.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 246-16, AN ORDINANCE AMENDING ORDINANCE NO. 246 AND PROVIDING FOR
AMENDMENT TO THE LAND USE DISTRICT MAP - APPLICATION NO. 23, GABRIEL BAIZAN:
Ordinance No. 246-16 was read in full by Councilman Frank. (First Reading)
It was moved by Councilman Frank, seconded by Councilman Griffin that Ordinance
No. 246-16 be passed and approved on first reading as amended. Said Ordinance
No. 246-16 reads in caption as follows:
ORDINANCE NO. 246-16
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE-
VELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;
PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP,
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Griffin, Councilman Reid, Councilman Gray, and
Councilman Frank.
176
Voting "No" - None
Motion passed 4 to 0.
The above ordinance changes the Land Use District from PU to M-1 on the following
property:
A tract containing five (5) acres of land, more or less,
being the North 1/2 of the East ten (10) acres of Lot 30,
Section 4, H.T. & B. Survey, Abstract 543, Brazoria County, Texas.
ORDINANCE NO. 246-17, AN ORDINANCE AMENDING ORDINANCE NO. 246 AND PROVIDING FOR
AMENDMENT TO THE LAND USE DISTRICT MAP - APPLICATION NO. 24:
Ordinance No. 246-17 was read in full by Councilman Reid. (First Reading)
It was moved by Councilman Reid, seconded by Councilman Gray that Ordinance No.
246-17 be passed and approved on first reading. Said Ordinance No. 246-17 reads
in caption as follows:
ORDINANCE NO. 246-17
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;
PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP,
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, and
Councilman Griffin.
Voting "No" - None
Motion passed 4 to 0.
The above ordinance changes the Land Use District from PU to Commercial on the
following property:
28.75399 acres being comprised of protions of Lot 18, and the
southwesterly 1/2 of Lot 19 of the Jenkins Subdivision shown
on the map recorded in Volume 79, Page 616 & 617 of the deed
records of Brazoria County, Texas and portions of Lots 1,2,3,
4,5,6,7,8,9,10,11, & 12 of the Narregang Subdivision, a sub-
division of part of Lots 19,20, & 21 of the aforementioned
Jenkins Subdivision, part of the W.D.C. Hall Survey, Abstract
No. 70, shown in map recorded in Volume 3, Page 53 of the plat
records of Brazoria County, Texas.
ORDINANCE NO. 246-18, AN ORDINANCE AMENDING ORDINANCE NO. 246, AND PROVIDING FOR
AMENDMENT TO LAND USE DISTRICT MAP - APPLICATION NO. 18:
Ordinance No. 246-18 was read in full by Councilman Gray. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Frank that Ordinance No.
246-18 be passed and approved on first reading as amended. Said Ordinance No.
246-18 reads in caption as follows:
ORDINANCE NO. 246-18
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;
PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP,
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
1.77
Voting "Aye" - Councilman Griffin, Councilman Reid, Councilman Gray and Councilman
Frank.
Voting "No" - None
Motion passed 4 to 0.
The above ordinance changes the Land Use District from PU to M-1 on the following
property:
Being 2-1/2 acres out of the East 1/2 of Lot or Tract 47,
Section 4, H.T. & B. R.R. Co. Survey, Abstract No. 543,
Brazoria County, Texas, and being more fully described by
metes and bounds.
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The meeting was adjourned at 8:45 P. M.
Minutes approved as submitted and/or corrected this day of
A. D. 1976.
'*e- goto.-
Mayor
ATTEST:
L "ity Secretary