1974-04-08 CITY COUNCIL REGULAR MEETING MINUTESFA M
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MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON APRIL 8, 1974, AT 7:45'P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE; PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Carlton McComb
Cecil W. Griffin
Harry E. Farley
Gene E. Sanders
Tom Reid
Benny J. Frank
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
The invocation was given by the Rev. Art Jones, Council Chaplain. The Pledge of
Allegiance was led by Bunny Audel, reporter from The News,
APPROVAL OF MINUTES:
It was moved by Councilman Griffin, seconded by Councilman Sanders that the minutes of
the regular meeting held on March 25, 1974 be approved as submitted, Motion passed'
4 to 0. Councilman Reid abstained.
MAYOR'S ACTIVITY REPORT:
County Road Funds - Mayor McComb reported that he understood that the County Commissioner
had asked to appear before the Sleepy Hollow Civic Club and talk about getting the
City Council to consider changing its request on County participation paving from Dixie
Farm Road to Yost Road. A citizen of McGinnis Subdivision has agreed to contact the
Commissioner and discuss this with him.
Clear Creek Flood Project - Mayor McComb read a portion of a letter received from
Congressman Casey regarding the proposed Clear Creek Flood Project. Mr, Casey advised
that he has been working with the Corps officials in further expediting the project
and hoped to have a revised scedule that will cut the original time given considerablyp
hopefully, by years.
COUNCIL ACTIVITY REPORTS:
Addition - Police Building: Councilman Frank reported that the builder was almost
finished with this project. One change order to the City which involves two extras
and two credits. The extras amounted to an addition of $217.88 and the credits
to $85.00, Net for change order of $132.88 additional. The new Contract Sum including
the change order will be $14,561.88.
CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
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UNFINISHED BUSINESS:
SECOND AND FINAL READING OF ORDINANCE NO. 272 - CLOSING THE HEARING ON SPECIAL ASSESSMENT
WEST CIRCLE DRIVE:
Ordinance No. 272 read in full by Councilman Griffin.
It was moved by Councilman Sanders, seconded by Councilman Reid that Ordinance No. 272
be passed and approved on second and final reading in a regular council meeting. Said
Ordinance No. 272 reads in caption as follows:
ORDINANCE NO. 272
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING
THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS
OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OI•
WEST CIRCLE DRIVE WITHIN THE CITY OF PEARLAND, TEXAS',
FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH
PARCEL OF ABUTTING PROPERTY -AND THE ENHANCEMENT OF
VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY' REASON
OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS'
OF SAID PUBLIC STREETS; DECLARING THE AMOUNT OF
ASSESSMENT AGAINST SAID ABUTTING PROPERTIES AND
LEVYING SAME AGAINST SAID PROPERTIES, AND DECLARING
AN EFFECTIVE DATE.
Voting "aye" - Councilman Frank, Councilman Griffin, Councilman Sander, Councilman Reid
and Councilman Farley.
r�
Voting "no" - None
Motion passed 5 to 0.
SECOND AND FINAL READING OF ORDINANCE NO. 273 - ACCEPTING -STREET IMPROVEMENTS'ON'WEST
CIRCLE DRIVE:
Ordinance No. 273 read in full by Mayor McComb.
It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No, 273
be passed and approved on second and final reading in a regular Council meeting. Said
Ordinance No.273 reads in caption as follows:
ORDINANCE NO. 273
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING
STREET IMPROVEMENTS ON WEST CIRCLE DRIVE.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid,
'—` and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
SECOND AND FINAL READING OF ORDINANCE NO. 274 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS
ORDERING THE PAVING AND IMPROVEMENT OF BOBBY STREET IN CLEAR CREEK ESTATES:
Ordinance No. 274 read in full. Councilmen Farley, Sanders and Frank reading.
.It was moved by Councilman Farley, seconded by Councilman Frank that Ordinance No. 274
be passed and approved on second and final reading. Said Ordinance No. 274 reads in
caption as follows:
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ORDINANCE NO. 274
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT OF BOBBY STREET, 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 THE OWNERS
THEREOF; PROVIDING FOR THE TERMS OF PAYMENT OF SUCH
ASSESSMENTS; DIRECTING THE CITY SECRETARY TO CAUSE A
CERTIFIED COPY OF THE ORDINANCE TO BE FILED IN THE DEED
OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS, ENACTING PROVISIONS
INCIDENT AND RELATING TO THE SUBJECT; PROVIDING A SAVINGS
CLAUSE AND AN EFFECTIVE DATE HEREOF.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, and Councilman Farley,
Voting "no" - None (Councilman Sanders not present in the room at time of voting,)
Motion passed 4 to 0.
ENGINEER'S COST ESTIMATE ON BOBBY STREET:
It was moved by Councilman Griffin, seconded by Councilman Reid that the Engineer"s
Cost Estimate on Bobby Street be accepted as presented. Motion passed 5 to 0.
ENGINEER'S COST ESTIMATE
Bobby Street
MATERIAL EQUIPMENT & LABOR
e e c
1. Base Material:945 cu yds @ 3.50
$3,307.50
1.
Maintainer; 45hrs @14150
$ 652„50
2. Hauling Base: 945 cu yds @ 1.45
1,370.25
2.
Water Trucks * @ 8.00..
360,00
3. lst Rock Course:84 tons @ 5.58
468.72
3.
Flat Wh Roller 23hrs @ 8,00
180"'00
4. 2nd Rock Course:42 tons @ 6.78
284.76
4.
Sheepfoot Roller 45hrs@10.00
450,00
5. Unloading Rock:126 Tons @ 0.40
50.40
5.
Dump Truck 16 hrs @8v,00
128•.00
6. Asphalt 2352 gallons @ 0.15
352.80
6.
Spreader box 8hrs @4.00
321.00
7.
Dist. Truck 10hrs @1200
$5,834.43
8.
Labor & Supervision
\554150
$
2,480,90
Legal, Adm &
Eng
250.00
Total Equipment & Labor
2,30y90
Total Material
5,834.43
$
8,565.33
Total Approximate Project Length .....$1,260
ft.
Average cost per foot .................
6.80
MOTORBIKE TRACK LOCATED ON 12.1 ACRES
OWNED BY THE
CITY IN ABSTRACT 320, BRAZOR.IA
-�
COUNTY:
This item passed. Will be placed on next agenda
MEETING RECESSED 8:32 P. M. - RECONVENED AT 8:45 P. M.
NEW BUSINESS:
OFFICIAL CANVASS OF CITY OFFICERS' AND CHARTER AMENDMENT ELECTION:
Laura R. Dougherty, a candidate for Councilman Position 5 in the Election filed a letter
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request asking for a recheck of the voting machines due to discrepancy between the total
number of votes cast in the election and the total number of votes cast for Position 5.
It''was moved by Councilman Frank, seconded by Councilman Reid that Laura R. Dougherty's
request for recheck be accepted into the records of the City. Motion passed 5 to 0.
City Attorney Bobby Williams to arrange with proper officials in Angleton to comply with
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this request. A special meeting will be called after the recheck for the official
canvass of the election.
....... .... .......... ....
RESOLUTION NO. 74-9, A RESOLUTION AUTHORIZING THE EXPENDITURE OF 10% OF THE'COST OF A
SIGNAL INSTALLATION AT RAILROAD CROSSING ON KNAPP ROAD:
Mayor McComb read a letter dated March 22, 1974, addressed to Mayor Carter of Brookside
Village from Wayne Henneberger, Bridge Engineer for the Texas Highway Department,regarding
the cost of signals on Knapp Road. The total cost would be $25,000.00, with a cost
of 10% to the City of $2,500.00.
Mayor McComb read a letter dated April 2, 1974 from Mayor George D. Carter which reads
as follows:
"April 2, 1974
Honorable Mayor and City Councilmen
Mr. William E. Wolff
P. O. Box 157
Pearland, Texas 77581
Dear Sir:
On Monday night April 1, 1974, a Special Meeting was held by Brookside Village City
Councilmen to discuss the Knapp Road Crossing. A Resolution was passed stating that
Brookside would participate with Pearland in sharing a portion of ,the burden of
theircostfor the installation of a warning system at Knapp Road. Understanding that the
approximately total cost will be between $20,000.00 and $25,000.00 with Pearland having
to pick up 10% of the above money.
This would make Pearland's cost approximately $2,000.00 or $2,500,00 of which Brookside
Village by vote of Council at a Special Meeting would like to agree with-Pearland to pick
up 1/2 or 5%.of the total cost. This should be approximately $1,000.00 or $1,250.00.
By doing this we would hope that it would speed up installation of warning devices for
Knapp Road Crossing.
Yours truly,
s/ Mayor George D. Carter"
It was moved by Councilman Sanders, seconded by Councilman Griffin that the letter
dated April 2, 1974 from Mayor Carter be entered into the records of the City and the
e� proposal contained therein be accepted. Motion passed 5 to 0.
Resolution No. 74-9 read in full by Councilman Reid,
It was moved by Councilman Farley, seconded by Councilman Reid that Resolution No. 749
be passed and approved on first and final reading as amended. Said Resolution No. 74-9
reads in caption as follows:
RESOLUTION NO. 74-9
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE EXPENDITURE OF $2,500.00 FOR
PARTICIPATION IN COST OF RAILROAD WARNING SIGNAL
INSTALLATION ON KNAPP ROAD.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid
and Councilman Frank.
REQUEST FOR CLOSING ALLEY IN BLOCK 28, PEARLAND TOWNSITE:
Mayor McComb read a letter dated March 25, 1974 from Tom Alexander, Richard Ford, Charles
Kramer, and Larry Parsons requesting that the alley in Block 28 between Pear and Walnut
Street be closed.
City Attorney Williams read a Brief which he had prepared regarding closing of alleys,
In this Brief, City Attorney Williams advised that there was no-, legal requirement for
giving landowners or the public generally advance notice of intent to pass an ordinance
closing or abandoning streets and alleys, such as public hearings, etc . ...............
Since Home Rule cities have powers over all streets and alleys within the corporate city
limits, such powers are exercisable only in the capacity of a public trustee. It being
well settled in Case Law that a City may not validly close a street or alley solely for
the promotion of a private enterprise. The City Attorney advised that a City could
not abandon a street or alley unless it was for the health and welfare of the public as
a whole. Mr. Williams stated that the question he had in mind in this particular situation
is the precedence the City will be setting if we abandon this alley as well as the fact
that this particular alley has an existing sewer line which is being used for public
purposes.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the request as
evidenced by the petition dated March 25, 1974 from Tom Alexander, Richard Ford, Charles
Kramer, and Larry Parsons be denied due to the economics of the matter and due to the
opinion given by the City Attorney. Motion passed 5 to 0.
HEALTH OFFICER FOR THE CITY OF PEARLAND:
It was moved by Councilman Griffin, seconded by Councilman Farley that Dr. David Armbruster
be appointed Health Officer for the City of Pearland. Motion passed 5 to 0.
PUBLIC HEARING - PLANNING & ZONING COMMISSION - APPLICATION SUBMITTED BY ASSOCIATED EQUIPMENT
COMPANY:
It was moved by Councilman Reid, seconded by Councilman Griffin that a Public Hearing be
called before the Planning & Zoning Commission on Application No. 9 submitted by the
Associated Equipment Company - request for change in land use from PU to M-1. Motion
passed 5 to 0.
PLUM STREET IMPROVEMENTS:
It was moved by Councilman Griffin, seconded by Councilman Frank that the section of Plum
Street from Old Alvin Road east by accepted into the City's street system as an improved
street. Motion passed 5 to 0.
us
PARTICIPATION PAVING - HALBERT DRIVE:
It was moved by Councilman Farley, seconded by Councilman Reid that a Public Hearing be
called for May 8, 1974 at 7:30 P. M. in the Council Chambers for special assessments
under street participation paving program on Halbert Street. Motion passed 5 to 0.
OTHER BUSINESS: None
ADJOURN: Meeting adjourned 9:45 P. M.
Minutes approved as submitted and/or corrected this the ,= day of ,
A. D. 1974.
Mayor, City of Pearland, Texas
ATTEST:
City Secretary