1976-11-22 CITY COUNCIL REGULAR MEETING MINUTESME
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON NOVEMBER 22, 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 Pro Tem Tom Reid
Councilman Cecil W. Griffin
Councilman Harry Farley
Councilman Terry Gray
Councilman Benny J. Frank
City Manager William E. Wolff
City Attorney Bobby J. Williams
City Secretary Dorothy L. Cook
Absent from Meeting: Mayor Carlton McComb.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Councilman Farley. The Pledge of Allegiance was
led by Mr. George Young.
APPROVAL OF MINUTES:
It was moved by Councilman Frank, seconded by Councilman Gray that the minutes
of the regular meeting held on November 8, 1976 be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT: None
COUNCIL ACTIVITY REPORTS:
Councilman Farley reported on a meeting with Councilman Saterwhite of Brookside
Village regarding the Emergency Ambulance Service and the City should hear
from Brookside Village after their next Council meeting.
DEPARTMENTAL REPORTS: None
CITIZENS:
Mr. Doyle Wall, 3626 E. Walnut appeared before the City Council with a request
for a reduction to minimum rate on water and garbage bill. Councilman Griffin
advised that he was submitting a new modified rate for small users of garbage
collection service for the Council's consideration and possible action at the
next regular meeting of the City Council. Adjustment on the present bill was
referred to the City Manager.
Mr. Jac Rubright, 5107 Carmona, spoke to the City Council outlining his opinion
on the depot project and the proposed new City Hall.
950 A
DOCKETED PUBLIC HEARINGS: 8:20 P.M.
Attendance Register indicates the following people present at the Hearing:
Jimmie D. Rodgers, Sidney Kliesing, Philip Goble, J. H. McCrary, D. Hudson,
J. J. Richardson, L. C. Watkins, J. E. Lee, and Jim Balkum.
Mayor Pro Tem Reid advised the audience that the combined Public Hearing was
being held in pursuant to the authority and statutory requirements of Article
1105b of the Revised Civil Statutes of the State of Texas. The purpose of the
Hearing was to consider the proposed street improvement assessment against
abutting property owners of a portion of the costs of improvements to the
following streets or portions thereof:
(Ordinance of Necessity No. 267)
Cunningham Drive - from the North right-of-way line of Pear Street Northerly
along the center line of Cunningham Drive, approximately 647.41 feet to the
South right-of-way line of Cherry Street.
Lethbridge Drive and a portion of Meadowville Drive - from the East right-of-
way line of Union Valley Drive Easterly along the centerlines of Lethbridge
Drive and Northwesterly along a portion of Meadowville Drive to the Southeast
right-of-way line of Wheatridge Drive, a total distance of 1,319 feet.
(Ordinance of Necessity No. 282)
Shadybend Drive - along its center line from the Southeast property line of
Block 5, Lot 25, Extended, Creekview Subdivision, Northwesterly approximately
310 feet northwest of the boundary line of Creekview Subdivision.
Meadowville Drive - along its center line Easterly and Southeasterly approxi-
mately 1,000 feet to the north right-of-way line of Wheatridge Drive.
Mayor Pro Tem Reid advised that all persons owning any such abutting property,
or any interests therein, shall have the right at this hearing to be heard and
to offer evidence as to all matters concerning (1) the statutory authority
of this meeting; (2) the validity of any assessment authorized by Article 1105b
of Vernon's Annotated Civil Statutes; (3) contest of the amounts of the pro-
posed assessments and the lien and liability thereof; (4) the special benefits
to the abutting property owners thereof by means of the improvements of which
assessments are to be levied; (5) and the accuracy, sufficiency, regularity and
validity of the proceedings and contracts in connection with such improvements
and proposed assessments; (6) and as to all matters in accordance with
Ordinance No. 267 and Ordinance No. 282 and the notices issued therefrom.
Also, I would like to advise at this time, that any abutting property owner, his
agents or attorney who do not agree with the decision of the Council shall have
the right of appealing any decision made by the Council tonight and that the
appeal must be made to the Court of Competent Jurisdiction within a period of
fifteen (15) days from the time any assessment is levied.
NOTICE OF HEARING:
The City Secretary testified that all statutory notices had been duly mailed
and published according to Section 9 of 1105b of Vernon's Annotated Civil Statutes
and that no railways were affected by the proposed assessments.
TESTIMONY ON BEHALF OF CITY:
City Attorney Bobby Williams presented evidence on behalf of the City regarding
the improvements and proposed assessments on Cunningham Drive, Lethbridge Drive,
Shadybend Drive, and Meadowville Drive.
Mr. Malcolm Collins testified that before improvements on the streets were made,
they were open ditch, shell streets with approximately varying 18 to 20 feet in
width. Mr. Collins testified that the streets now have a crushed concrete base
of approximately 7 inch thickness, 27 feet wide and have a double penetration
of asphalt surfacing. The driving surfaces on the streets are approximately
24 feet wide, with some parts of the streets being slightly less than this width
and in some cases more. Mr. Collins testified that this was due to conditions
that existed on the streets. The following is an out line of cost and property
footage: Lethbridge Dr. &
a portion .of
UNIT: Cunningham Dr. Meadowville Dr. Shadybend Dr. Meadowville Dr.
TOTAL FOOTAGE: 657.41 1,319 1,361.18 1,026.35
COST PER PROPERTY
FOOT OF STREET:
$3.43
$3.48
$3.73
$3.59
PROPERTY FOOTAGE
1,972.36
ABUTTING IMPROVEMENT:
1,294.82
2,579.31
+(620.00)
1,992.35
(school)
OWNER ASSESSMENT RATE:
$2.00
$2.00
$2.00
$2.00
PROPERTY OWNER'S COST:
$2,589.64
$5,158.62
$5,184.72
$3,984.70
CITY'S COST:
$1,853.52
$4,016.28
$4,974.42
$3,382.91
TOTAL CONSTRUCTION:
$4,443.16
$9,174.90
$10,159.14
$7,367.61
Mr. Collins testified that the property owners were being assessed less than 90%
of the total cost of the improvements. He further testified that based on his
inspection of the improvements which have been placed according to his specifications
that the streets covered by this Hearing have been completed subject to approval
by the City Council.
Mayor Pro Tem Reid asked if any property owner abutting the streets covered by
this Hearing would like to cross examine Mr. Collins. The following persons
spoke at this time:
Mr. J. J. Richardson of 2404 Cunningham Dr. spoke about his driveway entrance.
252
Mr. Jimmy Rodgers of 3417 Meadowville Dr. spoke about life span of improvements.
Mr. Jim Balkum of 3409 Lethbridge Dr. spoke about the width of the street.
Mr. J. H. McCrary of 2402 Cunningham Dr. advised that his initial was incorrect
on the notice sent to him.
JAMES F. McDIVIT, Real Estate Broker, was called to testify by City Attorney
Bobby Williams.
Mr. McDivit testified that he had inspected the various streets covered by this
Hearing and that the abutting property had been increased by a value greater
than $2.00 per front foot.
Mayor Pro Tem Reid recessed the Hearing until the next regular meeting of the
City Council at which time the ordinances closing the Hearing and accepting the
streets will be read.
RECESSED AT 9:05 P.M.
UNFINISHED BUSINESS:
REVIEW OF COLLECTION REQUIREMENTS - COMMERCIAL GARBAGE CUSTOMERS:
The cost of collection for small commercial customers was discussed and Councilman
Griffin submitted a new rate schedule reflecting changes in small commercial
users. This item to be reviewed by the City Manager and placed on the next
agenda for consideration.
LAND ACQUISITION FOR EXTENSION OF DIXIE FARM ROAD - CORRIDOR ONE, LTD:
This item to be placed on next agenda if deemed necessary by the City Manager
and City Attorney.
ORDINANCE NO. 339, AN ORDINANCE DIRECTING AND MAKING OF A FINAL OFFER FOR ROAD
RIGHT OF WAY - EXTENSION OF DIXIE FARM ROAD: (Second Reading)
This item to be placed on the next agenda if deemed necessary by the City
Manager and City Attorney.
NEW BUSINESS:
APPROVAL OF FINAL PLAT - LINWOOD, SECTION III:
It was moved by Councilman Griffin, seconded by Councilman Frank that the final
plat of Linwood, Section III be approved. Motion passed 5 to 0.
A letter dated October 19, 1976 from Quality Development Corporation, developers
of Linwood, Section III wherein they requested that Orange Street and Plum
Streets be extended approximately 1,000 feet each. They advised that they would
donate $6.00 per running foot to buy materials and the money
would be put in escrow either before the final approval of the subdivision or
upon request.
The City Attorney was directed to prepare agreement for disposition of this item.
Iqgj .
ORDINANCE NO. 246-25, AMENDMENT TO LAND USE ORDINANCE - LARRY JOHNSON, TRUSTEE
APPLICATION NO. 31:
Ordinance No. 246-25 was read in full by Councilman Frank. (First Reading)
It was moved by Councilman Frank, seconded by Councilman Gray that Ordinance No.
246-25 be passed and approved on first reading. Said Ordinance No. 246-25 reads
in caption as follows:
ORDINANCE NO. 246-25
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, Councilman
Farley, and Councilman Griffin.
Voting,. "No" - None
Motion passed 5 to 0.
HERITAGE GREEN SUBDIVISION - PRELIMINARY PLAT:
from the Planning and Zoning Commission
A letter of recommendation/dated November 4, 1976 was read by Mayor Pro Tem
Reid, -
It was moved by Councilman Griffin, seconded by Councilman Gray that the
preliminary plat of Heritage Green Subdivision be approved. Motion passed
5 to 0.
EXTENSION OF EMPLOYMENT FOR CARL ERWIN:
It was moved by Councilman Griffin, seconded by Councilman Frank that Carl
Erwin's employment with the City be extended for a six month period in
accordance with the Personnel Ordinance of the City. Motion passed 5 to 0.
P. TDP, TDTTOV .
City Manager Wolff advised the Council that the Fire Department has submitted
a set of plans and specifications for a new fire truck (pumper) for the
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community. The cost of this vehicle will approximately $70,000.00 or
$75,000.00 with a life expectancy of some 35 years. City Manager Wolff
suggested that this expenditure be financed through issuance of short term
Time Warrants not to exceed 5 years.
It was moved by Councilman Gray, seconded by Councilman Griffin that the City
Manager be authorized to bid for a new pumper truck for the Fire Department
and that the cost be financed through the issuance of Time Warrants. Motion
passed 5 to 0.
254
AGREEMENT WITH PHILLIPS PETROLEUM COMPANY FOR LOWERING LINES ACROSS DIXIE FARM
ROAD:
This item to appear on a future agenda.
PROPOSED AGREEMENT WITH A.T.& S.F. RAILWAY COMPANY:
Mayor Pro Tem Reid read a letter dated November 12, 1976, from the Atchison,
Topeka and Santa Fe Railway Company regarding a proposed contract with the City
for the Walnut Street Crossing. City Manager Wolff advised that the City
Attorney has reviewed the contract and has asked that the provision of six
months cancellation by either party be added to the contract.
It was moved by Councilman Griffin, seconded by Councilman Farley that the
City proceed with negotiations for finalizing this contract with the A.T. &
S.F. Railway Company. Motion passed 5 to 0.
ORDINANCE NO. 329-1, HOUSTON LIGHTING & POWER CO. RATE ORDINANCE:
Ordinance No. 329-1 was read in full by Councilman Gray. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Griffin that Ordinance
No. 329-1 be passed and approved on first reading. Said Ordinance reads in
caption as follows:
ORDINANCE NO. 329-1
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 329 BY DELETING RIDERS FC AND COS HERE-
TOFORE APPROVED BY THE CITY COUNCIL, AND SUBSTITUTING
THEREFOR FUEL COST ADJUSTMENT RIDER FC REVISION NUMBER
1 AND COST OF SERVICE ADJUSTMENT RIDER COS REVISION
NUMBER 1, SHEETS NO. D 14 AND D 15, PROVIDING A REPEALING
CLAUSE AND AN EFFECTIVE DATE.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman
Farley, and Councilman Griffin.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 208-1, AMENDING RATES AND CHARGES FOR USE AND SERVICE OF SEWAGE
SYSTEM OF THE CITY:
Ordinance No. 208-1 was read in full by Councilman Griffin. (First Reading)
It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance
No. 208-1 be passed and approved on first reading. Said Ordinance No. 208-1
reads in caption as follows:
ORDINANCE NO. 208-1
AN ORDINANCE AMENDING RATES OR CHARGES FOR THE USE AND
SERVICE OF THE SEWAGE SYSTEM OF THE CITY OF PEARLAND,
TEXAS, REPEALING ORDINANCE NO. 208, REPEALING ALL LAWS
IN CONFLICT HEREWITH, PROVIDING A SAVINGS CLAUSE AND
ESTABLISHING AN EFFECTIVE DATE.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman
Farley, and Councilman Griffin.
Voting "No" - None. Motion passed 5 to 0.
RESOLUTION NO. 76-26, A RESOLUTION RELATING TO CERTIFICATES OF OBLIGATION, SERIES
1976A:
Resolution No. 76-26 was read in full by Councilman Griffin.
It was moved by Councilman Griffin, seconded by Councilman Gray that Resolution
No. 76-26 be passed and approved on first and final reading. Said Resolution No.
76-26 reads in caption as follows:
RESOLUTION NO. 76-26
RESOLUTION RELATING TO CERTIFICATES OF OBLIGATION,
SERIES 1976A
Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid,
Councilman Gray, and Councilman Frank.
Voting " No" - None
Motion passed 5 to 0.
COPY OF RESOLUTION NO. 76-26 IN ITS ENTIRETY PASSED AT THIS MEETING IS ENCLOSED
IN ENVELOPE ON BACK COVER OF THIS MINUTE BOOK.
OTHER BUSINESS: None
ADJOURNMENT:
The meeting adjourned at 10:15 P.M.
Minutes approved as submitted and/or corrected this the iu day of
A. D., 1976.
Mayor
ATTEST:
City Secretar
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