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1975-01-27 CITY COUNCIL REGULAR MEETING MINUTESr -- N MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 27, 1975, AT 7:32 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 Gene E. Sanders Councilman Tom Reid Councilman Benny J. Frank City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent - Councilman Cecil W. Griffin and City Manager William E. Wolff. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Rev. Clyde Thompson, Pastor of the Minnetex Baptist Church. The Pledge of Allegiance was led by Councilman Frank. APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Farley that the minutes of the regular meeting held on January 13, 1975, be approved as submitted. Motion passed 4 to 0. The minutes of the special meeting held on January 18, 1975, will be submitted for approval at the next regular meeting to be held on February 10, 1975. MAYOR'S ACTIVITY REPORT: Proclamation - OEA Week - February 9th through February 15th, 1975. Bond Election: Mayor McComb read a letter dated January 27, 1!97.5 thanking him for his presentation of the issues before the Board of Directors of the Pearland Area Chamber of Commerce. They advised that the Board of Directors is recommending that the citizens of Pearland vote in favor of all six propositions to be presented at the bond election to be held on February 15, 1975. COUNCIL ACTIVITY REPORTS: Mayor McComb requested a motion by the City Council to indicate the absence of Councilman Griffin from the meeting as excused absence since he was making a presentation of the bond issues to the Pearland Volunteer Fire Department. It was moved by Councilman Sanders, seconded by Councilman Frank that Councilman Griffin's absence from the meeting be shown as excused absence for the reason stated by the Mayor. Motion passed 4 to 0. Parks: Councilman Frank reported that the Waiver of Retroactivity to the parks has been received and our application to the State has gone through HGAC and was on the way to Austin at this time. DEPARTMENTAL REPORTS: None CITIZENS: Mrs. Frances Jamison - Mrs. Jamison spoke before the Council regarding the bond propositions to be presented to the citizens on February 15, 1975. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: RESOLUTION NO. 75-2, A RESOLUTION ACCEPTING FINANCIAL ADVISORY CONTRACT WITH THOMAS W. MASTERSON. Resolution No. 75-2 read in full by Mayor McComb. It was moved by Councilman Frank, seconded by Councilman Reid that Resolution No. 75-2 be passed and approved on first and final reading. Said Resolution No. 75-2 reads in caption as follows: RESOLUTION NO. 75-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A FINANCIAL ADVISORY CONTRACT BETWEEN THE CITY OF PEARLAND AND THOMAS W. MASTERSON. (CONTRACT DATED - January 20, 1975) Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 4 to 0. DRILLING PERMIT - PRUDENTIAL DRILLING COMPANY - NO. 1 C. H. ALEXANDER, ESTATE: Mr. G. D. Lightsey appeared before the Council with a request for an oil and/or gas well permit to drill on property owned by the C. H. Alexander Estate, Abstract 198. there are Mr. Lightsey advised the City Council that ko buildings, residences or permanent structures within 300' of the proposed well., City Attorney Williams stated that he had checked the application and accompanying papers and all were in order. A discussion was held with Mr. Lightsey regarding the site location and noise level. Mr. Lightsey advised that the nearest building was about 800' from the proposed well and that used the noise level would not exceed state regulations since the equipment to be /had been utilized in other cities and checked. It was moved by Councilman Sanders, seconded by Councilman Farley that the City issue a drilling permit to the Prudential Drilling Company as applied for in their application attached to their letter of January 21, 1975. It being understood by the applicants that this permit would be simply for drilling, and that in the event of production the stipulations of our Land Use Ordinance No. 246 will apply. Motion passed 4 to 0. ATLANTIC RICHFIELD'S DEED OF GIFT TO PEARLAND LITTLE LEAGUE BASEBALL ASSOCIATION, INC. AND CITY OF PEARLAND: Mayor McComb advised that the Pearland Little League field located on Highway 518 is due to be sold and the Atlantic Richfield representatives and officials of the Lions Club have met and decided that from the proceeds of this sale, 100/160 of the money will go to the City and 60/160 of the money will go to the Little League Baseball Association. What this means is when the land is sold the City will receive $100,000 and the Little League will receive $60,000. The Deed of Gift was presented to the Mayor at a meeting of the Lions Club. City Attorney Williams explained that this was a reversionary interest only that was held by Atlantic Richfield Company. The P City of Pearland nor the Little League Baseball Association, Inc. were deeded any property. There is a stipulation in the Deed.that goes along with our reversionary rights that were given to us by Atlantic Richfield that the reversionary rights must be conveyed orsold within six months of the date of acceptance. It was moved by Councilman Frank, seconded by Councilman Reid that the Deed of Gift from Atlantic Richfield Company be accepted into the records of the City, and that a letter of thanks be sent to the President of the Lions Club and members, and Atlantic Richfield Company for this most generous gift. Motion passed 4 to 0. AGREEMENT WITH BRAZORIA COUNTY PRECINCT NO. 3: It was moved by Councilman Reid, seconded by Councilman Frank that the $8,000.00 allocation by the County be expended on McLean Road starting on F. M. 518 and proceeding south. Motion passed 4 to 0. AUTOMOBILE BODILY INJURY AND PROPERTY DAMAGE ON CITY'S FLEET: Proposals read by Mayor as follows: The Idoux Insurance Agency (St. Paul) $ 4,958.00 Bra Bon Insurance Agency (Hartford) 4,925.00 (Dividend percentage 13.1% for Auto Liab. Physical Damage 15%) To be granted at end of policy year. Advantage Insurance Agency (St. Paul) 4,958.00 Mayor McComb called a recess at 8:30 P. M. for review of proposals by City Attorney, City Secretary and Personnel Director. Meeting reconvened 8:48 P. M. ORDINANCE NO. 300 - PENALTY FOR LATE PAYMENT OF WATER, SEWAGE AND GARBAGE BILL: Mayor McComb read Ordinance No. 300 in full. (First reading) It was moved by Councilman Frank, seconded by Councilman Farley that Ordinance No. 300 be passed and approved on first reading. Said Ordinance No. 300 reads in caption as follows: ORDINANCE NO. 300 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING AND IMPOSING A PENALTY PURSUANT TO CHAPTER 30, SECTION 30-40 OF THE PEARLAND CODE OF ORDINANCES; REPEALING ALL LAWS IN CONFLICT THEREWITH AND PROVIDING AN EFFECTIVE DATE. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 4 to 0. Meeting recessed 8:45 P. M. - Reconvened 8:48 P. M. INSURANCE ON AUTOMOBILE FLEET: It was moved by Councilman Sanders, seconded by Councilman Frank that based on the recommendation of the City Secretary, City Attorney and Personnel Director that the proposal for insurance coverage submitted by Bra Bon Insurance Agency to be issued by the Hartford Insurance Company be accepted. Motion passed 4 to 0. OTHER BUSINESS.: None ADJOURN Meeting adjourned at 9:04 P. M. Minutes approved as submitted and/or corrected this the /o day of -; A. D. 1975. Mayor Attest: J City Secretary d-71 „may DEED THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZORIA X That THE CITY OF PEARLAND, a Texas Home Rule Municipal Corporation; acting by and through its officers .hereunto duly authorized, hereinafter called Grantor, of the Counties of Brazoria and Harris and State of Texas, for and in consideration of the sum of ONE HUNDRED THOUSAND AND NO/100 ($100, 000. 00) DOLLARS to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, have GRANTED SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto THE PEARLAND LIONS CLUB, operating under a Charter issued to it by Lions International, Chicago, Illinois , herein called Grantee, of the County of Brazoria and State of Texas , all of Grantor' s undivided 100/160 reversionary interest in and to the surface Estate only in and to the follow- ing described tract of land situated in Brazoria County, Texas , to-wit: 3. 362 Acres of Land, out of Lot 110 and Lot F of the Subdivision of Alexander, Crain, Harris and Brooks Section 1, Abstract 147 , Brazoria County, Texas , and more particularly described by metes and bounds as follows : Beginning at a 1/2 inch iron rod set at the intersection of the north line of Walnut Street and the east line of Old Alvin Road, said point being the southwest corner of this tract being describ- ed; Thence N. 000 00 ' 07” W. along the east line of Old Alvin Road a distance of 582 . 66 feet to a 1/2 inch iron rod set at the inter- section of the east line of Old Alvin Road with the southwest line of F.M. 518 (East Broadway) for the northwest corner of this tract being described; Thence S. 590 01 ' 59" E. along the southwest right-of-way of F.M. 518 a distance of 349 . 74 feet to a 1/2 inch iron rod for the north- east corner of this 3 . 362 acre tract being described; 0 Thence S . 00 00 ' 07" E. a distance of 394. 20 feet to a 1/2 inch iron rod set for the southeast corner of this tract being describ- ed; 0 Thence S . 88 22 ' 32" W. along the north line of Walnut Street a distance of 300. 00 feet to the PLACE OF BEGINNING and containing 3. 362 Acres of Land. SUBJECT TO: This conveyance is made and accepted subject to any and all conditions , restrictions , reservations , easements , and outstanding mineral and royalty interests , if any, relating to the hereinabove described prop- erty, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the Office of the County Clerk of Brazoria County, Texas . - TO HAVE AND TO HOLD the above described reversionary interest in the surface Estate herein conveyed with all and singular all rights and appur- tenances thereunto in anywise belonging unto the said grantee, their successors and assigns forever. - This conveyance is made without warranty of title either expressed or implied. EXECUTED this '/ day of February,A.D. 1975. THE CITY OF PEARLAND, TEXAS By. (iki/ &di Mayor ATTEST: "Its Secretary THE STATE OF TEXAS X COUNTY OF BRAZORIA X BEFORE ME, the undersigned authority, on this day personally appeared CARLTON McCOMB the duly elected Mayor of The City of Pearland, Texas , a Texas Home Rule Municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL of office on this the v �iday of February,A.D. 1975 . f r Notary Public in and for Brazoria County, Texas