1974-12-09 CITY COUNCIL REGULAR MEETING MINUTES162
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON DECEMBER 9, 1974, AT 7:37 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 Harry Farley
Councilman Tom Reid
Councilman Benny J. Frank
Councilman Gene E. Sanders
City Manager William E. Wolff
City Attorney Bobby J. Williams
City Secretary Dorothy L. Cook
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by The Rev. Ken Kesselus, pastor of St. Andrews Episcopal Church
in Pearland. The Pledge of Allegiance was led by Assistant City Secretary Dorothy Thompson.
APPROVAL OF MINUTES:
It was moved by Councilman Reid, seconded by Councilman Farley that the minutes of the
meeting held on November 25, 1974, be approved as submitted. Motion passed 4 to 0.
Councilman Sanders abstained.
MAYOR'S ACTIVITY REPORT:
Austin Trip:
Mayor McComb reported on his trip to Austin on December 4, 1974. He advised that the
main purpose of the trip was to help the citizens of Green Tee Subdivision in their efforts
to be disannexed from the Clear Creek Independent School District so that they could be
annexed to the Pearland District. This was an appeal from the Galveston County Judge's
decision who had said no to this action. This Hearing was before the Commissioner of
Education for the State and the Mayor stated that,in his opinion, the citizens of Green
Tee presented a far better case than did the opposition.
Mayor McComb advised that he called on the Texas Parks & Wildlife Department and obtained
information on securing a community park. This item will be under new business
on the agenda and an additional report will be made at that time.
Mayor McComb advised that he also called on the Texas Water Quality Board and discussed
the Priority of Funding list and it appears that there will not be enough money for funding
of any of the Pearland projects on this list. The next list will be published in June
and it is highly unlikely that we will receive funding on this list.
Mayor McComb also called on the State Highway Department regarding improvements on FM 518.
Clear Creek Proiect:
The Corps of Engineers extended the Public Record on the Hearing that has been held on
the Clear Creek project until January 20, 1974.
Oath of Office:
Mayor McComb administered the Oath of Office to Mrs. Jeanette Kubasik as a member of
the City Improvement & Beautification Board.
COUNCIL ACTIVITY REPORTS:
City Beautification & Improvement Board:
Councilman Reid advised that the City Beautification & Improvement Board will meet on
Wednesday, December 11, 1974 and citizen participation is welcome.
Mykawa Road Right -of -Way:
Councilman Sanders reported that the additional right-of-way required on the East
side of Mykawa Road has all been verbally agreed to, and before our next regular meeting
the documents substantiating same should be signed. Councilman Sanders also reported
that the efforts in obtaining the right-of-way required on the West side of Mykawa, is being
pursued. The East side was the priority since this was needed for the sewer line.
Pearla.nd-Alvin Landfill:
Councilman Griffin reported that things are moving ahead on the agreement between the
City of Pearland and City of Alvin for joint ownership, operation and control of a solid
waste disposal site.
DEPARTMENTAL REPORTS: None
CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
PRESENTATION OF FINAL AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1974, BY EARL LAIRSON &
rnmpamv -
Mr. Earl Lairson presented the final audit to the City Council.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the audit report
presented by Earl Lairson & Company for the fiscal year ending September 30, 1974, be
officially accepted into the City records. Motion passed 5 to 0.
TEXAS AIR CONTROL BOARD - DUST EMISSIONS FROM DIXIE FARM ROATS:
4,
Mayor McComb reviewed the letter of October 25, 1974 from the Texas Air Control Board
which listed some nine families who complained about the dust on Dixie Farm Road. Mayor
McComb advised that sometime ago the City Attorney advised the Council that the statute
1105b could be used for the improvement of this road on a 90% participation by the owner,
and 10% participation by the City, however, he suggested that the citizens be made aware
of the provisions of Resolution 73-5 that states that whenever 30% of the property owners,
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and 50% of the residents petition the City for voluntary paving assessment, we will have
a City project and the City will do the work and the citizens will pay $2.00 per front
foot of pro_rty. In the case where the project is a major arteries, the extra cost
to bring the street up to specifications that would bear this traffic would be borne by
the City.
It was moved by Councilman Griffin, seconded by Councilman Reid that a letter be
prepared to the property owners on that section of Dixie Farm Road involved in complaint
by the Texas Air Control Board, calling to the attention of those property owners the
benefits under Resolution No. 73-5 which are available to them, for the purpose of
upgrading unimproved roads in the City of Pearland. Motion passed 5 to 0.
City Manager Wolff to prepare letter and this item to be placed on the agenda of the
next regular meeting.
AGREEMENT WITH PEARLAND LAND AND INVESTMENT COMPANY ON IMPROVEMENTS TO CERTAIN STREETS
IN SLEEPY HOLLOW SUBDIVISION:
This item passed at this time. To be discussed later in the meeting.
ORDINANCE NO. 298 - AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON F. M. 518
(EAST BROADWAY):
Ordinance No. 298 read in full by Councilman Griffin. (Second Reading)
It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 298
be passed and approved on second and final reading in a regular Council meeting. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 298
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF
ARTICLE 6701D, VERNON'S TEXAS CIVIL 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,
AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY
OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
Voting "aye" - Councilman Farley, Councilman Griffin, Councilman Reid, and Councilman Frank.
Voting "no" - None
i
Motion passed 4 to 0. ,.._
Councilman Sanders not present in Council Chambers at this time.
ORDINANCE NO. 256-7 - AN ORDINANCE AMENDING ORDINANCE NO. 246 - LAND USE AND URBAN DEVELOPMENT
ORDINANCE (APPLICATION NO. 12) M. R. KRUEMCKE, JR:
Ordinance No. 246-7 read in full by Councilman Griffin. (Second Reading)
It was moved by Councilman Griffin, seconded by Councilman Sanders that Ordinance No.
246-7 be passed and approved on second and final reading in a regular Council meeting.
Said Ordinance No. 246-7 reads in caption as follows:
ORDINANCE NO. 246-7
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
PROVISIONS RELATING TO THE SUBJECT.
(Description of property reclassified - 1.15 acres out of
21.44 acres, being Lot 29, of the W. Zychlinski Subdivision
Section 3, Abstract 232). PU TO M-1
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman
Reid and Councilman Frank.
Voting "no - None
Motion passed 5 to 0.
MEETING RECESSED AT 9:00 P. M. - RECONVENED 9:10 P. M.
CHANGE IN ORDER OF BUSINESS:
UNFINISHED BUSINESS:
AGREEMENT WITH PEARLAND LAND AND INVESTMENT COMPANY:
It was moved by Councilman Farley, seconded by Councilman Griffin that this item be
tabled until the next regular Council meeting and the Council be furnished of Exhibit
"B" of the Agreement. Motion passed 5 to 0.
NEW BUSINESS: (CONTINUED)
CONTRACT WITH AD VALOREM RECORDS, INC. FOR WATER BILLING:
City Manager Wolff advised that about a year ago he discussed with the City Council
the possibility of having our water bills prepared by a computer service. At this
particular time we were in a transitional stage, however, since that time our machinery
has broken down repeatedly. This matter has been discussed with Councilman Griffin
-- and it is our feeling at this time that we should go under a service company contract
for a period of time to see exactly what modifications would be necessary in our system
and what we could gain through this particular service that we do not now have.
The Ad Valorem Records, Inc. now have the contracts for the City of Alvin and City of
Friendswood. Mr. Wolff advised that since we already have our tax billing contract
with this Company, he recommended that the Council give consideration to the execution
of a contract with this Company for a one year period wherein our water bills would be
prepared by Ad Valorem Records, Inc.
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It was moved by Councilman Griffin, seconded by Councilman
Sanders that the contract for water billing services between Ad Valorem Records, Inc.
and the City of Pearland be approved. Motion passed 5 to 0.
City Manager Wolff advised the Council that the first billing would be February 1, 1975
under the contract.
ORDINANCE NO. 299 - AN ORDINANCE PROVIDING FOR RESTRICTION OF PARKING ON NORTHWEST SIDE _
OF BYRON STREET:
Ordinance No. 299 read in full by Councilman Sanders. (First Reading)
It was moved by Councilman Sanders, seconded by Councilman Reid that Ordinance No. 299
be passed and approved on first reading in the regular Council meeting. Said Ordinance
No. 299 reads in caption as follows:
ORDINANCE NO. 299
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING
FOR THE RESTRICTION OF PARKING UPON CERTAIN STREETS AND
HIGHWAYS, OR PARTS tHEREOIy WITHIN THE CORPORATE LIMITS
OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE,
AND PROVIDING A PENALTY OF A FINE NOT LESS THAN $5.00
AND NOT TO EXCEED $25.00 FOR THE VIOLATION OF THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman
Reid, and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
RESOLUTION NO. 74-21 - DESIGNATING A REPRESENTATIVE AND ALTERNATE TO GENERAL MEMBERSHIP
BODY OF THE HOUSTON GALVESTON AREA COUNCIL:
Resolution No. 74-21 read in full by Mayor McComb.
It was moved by Councilman Griffin, seconded by Councilman Frank that Resolution No. 74-21
naming Councilman Tom Reid, as Representative and Councilman Harry Farley as Alternate
to the General Membership Body of the Houston -Galveston Area Council.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders,
and Councilman Farley.
Voting "no" - None
Motion passed 5 to 0.
SELECTION OF PARK SITE:
Mayor McComb advised that the Texas Parks & Wildlife Department informed him that there
are only two methods of securing federal funding on a park site. One way is to place
an application in and meet all of the requirements of the Federal Law, and when the
application is approved you are placed on a list for funding. This does not mean you
will receive it but simply you are graded as to need. The other way is that you have
Mm
a situation where there is a great need, and you can not wait for the long amount of time
a Waiver of Retroactivity can be filed through the Texas Parks & Wildlife and if they approve,
it is then filed with the Federal Government. This would enable the City to purchase the
land, meet the requirements, and then get Federal Funding if you are high enough on the
list. The Council can decide on a park site they can consider, we can request a Waiver
of Retroactivity, and if this Waiver is approved we can purchase the land. If it is
not approved you have to start over again and get on the list.
We have received approval of two Appraisals of two pieces of property. One owned by
Mr. & Mrs. B. M. Jamison and one owned by Texas Plumbing Supply, Inc.
Mayor McComb read into the records of the City a letter dated December 2, 1974 from
David L. Smith advising that as Agent for the Helen F. and Charles H. Alexander Estates,
he wished to submit approximately 50 acres of land surrounding the present sewer plant
site on Clear Creek at the end of Barry Rose Road. The sales price to be negotiated
of ter a professional appraisal.
Mayor McComb designated Councilman Harry Farley to contact Mr. Robert Burns, our special
legal counsel, to determine if the remanded law suit on damages from condemnation of the
sewer plant site by the City will have any effect on the City's negotiation for this land
and if not, for Councilman Farley to begin negotiations for its purchase.
Mrs. Frances Jamison offered a verbal counter proposal for a lesser amount of land than
was appraised originally, being approximately 48.5 acres at $4,000.00 per acre. This
being part of tract of land orginally offered for sale by Mr. & Mrs. Jamison.
Councilman Frank advised that it was his understanding that we could not offer less than
the appraised value, since the appraisal filed with the Texas Parks & Wildlife was for
the entire 60 acre tract. An additional appraisal would be required on any alternate
offer.
MEETING RECESSED 10:00 P. M. - RECONVENED 10:03 P. M.
The two proposals submitted to the Texas Parks & Wildlife are as follows:
" Nov. 12, 1974
Mr. B. J. Frank
City of Pearland
Pearland, Texas
Dear Sir:
SUBJECT: A 50 acre tract of land, more or less, out of the W. D. C. Hall Survey,
Abstract 70, Brazoria County, Texas as appraised by Mr. C. M. Euler on August 29, 1974.
We hereby offer the subject tract of land for sale to the City of Pearland for a total
price of $200,000.00 cash. This offering includes the entire mineral estate with the
exception of a 1/16th non -participating mineral interest which has heretofore been
reserved. We will pay the Realtor's commission, cost of a survey, Owners Title Policy,
legal cost for the preparation of the deed, tax certificates, etc. The City should pay
it's share of the escrow fee and the recording fee. All taxes are to be pro rated
to the date of closing. This offering is valid until midnight, November 30, 1974.
TEXAS PLUMBING SUPPLY, INC.
SJ' Kenneth W. Snyder, Pres.
Submitted by s/ R. D. Moore, Realtor S/ Jerry G. Snyder, Secy "
um
"RE: Surface only to 60 acres of land in Section 1, A. C. H. & B., Abstract 147, a part
of the T. D. Yocum Survey, Brazoria County, Texas.
The following proposal is made to the City of Pearland, Texas by B. M. Jamison and wife,
Frances Jamison, the owners of the above described land:
1. Total sales price, $300,000.00. All cash; with $3,000.00 placed in the American
Title Company's Escrow Account by the City of Pearland upon execution of the contract.
2. City to pay all costs in this transaction which would include Owner's Title Policy,
Warranty Deed, Escrow Fee, Recording Fees, Tax Certificates and (Survey, if required
by the City of Pearland).
3. Seller will pay all delinquent taxes and prorate taxes for current year and will
pay for any curative matters that may be necessary to clear title.
4. Closing is to be on or before 45 days from date of execution of contract by City
of Pearland.
5. The land, if purchased by the City of Pearland, is to be used solely for a City Park.
6. Transaction to be closed at American Title Company's Office in Alvin, Texas.
7. Contract will be drawn by the Sellers and presented to the City of Pearland for
consideration and execution within 10 days from date of receipt of said contract.
S/ B. M. Jamison
S/ Frances Jamison
Question: Does the City of Pearland have the right of condemnation?"
It was moved by Councilman Frank, seconded by Councilman Griffin that the City start
negotiations tin the possibility of acquiring the fifty acre tract owned by Texas Plumbing'
Supply, Inc., and if this land is purchased that it shall be a community park, and that
a letter be sent to the State for a Waiver of Retroactivity, and the Mayor be authorized
to do same. Motion passed 5 to 0.
It was moved by Councilman Sanders, seconded by Councilman Frank to publicly commend
Mr. and Mrs. Jamison for their efforts in this matter. Motion passed 5 to 0.
OTHER BUSINESS: None
ADJOURN: Meeting adjourned 10:30 P. M.
Minutes approved as submitted and/or corrected this the, day of
A. D. 1974.
-Sw- Z &tL
Mayor
Attest
C�e?City Secretary