1975-02-17 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
FEBRUARY 17, 1975, AT 7:35 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS.
The City Council of the City of Pearland, Texas, convened in special meeting, open to the
public, on the 17th day of February, 1975, at the City Hall, and the roll was called of
duly constituted officers and members of the City Council of the City, to -wit:
Mayor Carlton McComb
Councilman & Cecil W. Griffin
Mayor Pro Tem
Councilman Harry Farley
Councilman Gene E. Sanders
Councilman Tom Reid
Councilman Benny J. Frank
City Manager William E. Wolff
City Attorney Bobby J. Williams
City Secretary Dorothy L. Cook
and all of said persons were present, except the following absentees: None,
thus constituting a quorum. Whereupon, among other business, the following was
transacted at said meeting: a written resolution entitled:
Resolution No. 75-5
RESOLUTION CANVASSING RETURNS AND DECLARING
RESULTS OF ELECTION.
(the "Resolution") was duly introduced for the consideration of the City Council was
revied in full. It was then duly moved by Councilman Griffin, and seconded by
Councilman Reid that the Resolution be passed; and, after due discussion, the motion,
carrying with it the passage of the Resolution, prevailed and carried by the following
vote:
AYES: Councilman Griffin, Councilman Farley, Councilman Sanders, Councilman
Reid and Councilman Frank.
NOES: None
The Mayor thereupon announced that the Resolution had been duly and lawfully adopted.
The Resolution thus adopted follows:
THE STATE OF TEXAS
COUNTIES OF BRAZORIA
AND HARRIS
CITY OF PEARLAND
RESOLUTION NO. 75-5
RESOLUTION CANVASSING RETURNS AND DECLARING
RESULTS OF ELECTION.
X
X
X
X
WHEREAS, an election was held in the CITY OF PEARLAND on February 15, 1975, at
which six propositions relating to the issuance of bonds of the City and the levy of
taxes to pay said bonds, respectively, was submitted in accordance with law; and
WHEREAS, said election was held and conducted as two separate but simultaneous
elections, to -wit: one election at which only the resident, qualified electors of the
city who owned taxable property within the City and who had rendered the same for
196
taxation were entitled to vote on the propositions and another election at which all
other resident, qualified electors of the City were entitled to vote on the propositions;
and
WHEREAS, the votes cast by each of the two classes of voters described above were
recorded and returned separately and were as follows:
I.
The resident, qualified electors of the City who owned taxable property within the
City and who had rendered the same for taxation cast680 votes as follows:
PROPOSITION 1
FOR THE ISSUANCE OF $150,000
SANITARY SEWER SYSTEM BONDS ............... 411 votes
AGAINST THE ISSUANCE OF $150,000
SANITARY SEWER SYSTEM BONDS ............... 259 votes
PROPOSITION 2
FOR THE ISSUANCE OF $200,000
PARK LAND ACQUISITION BONDS ............... 328 votes
A GAINST THE ISSUANCE OF $200,000
PARK LAND ACQUISITION BONDS ............... 334 votes
PROPOSITION 3
FOR THE ISSUANCE OF $100,000
PARK LAND IMPROVEMENT BONDS ............... 321 votes
AGAINST THE ISSUANCE OF $100,000
PARK LAND IMPROVEMENT BONDS ............... 343 votes
PROPOSITION 4
FOR THE ISSUANCE OF $250,000
CITY HALL BUILDING BONDS 244 votes
AGAINST THE ISSUANCE OF $250,000
CITY HALL BUILDING BONDS .................. 405 votes
PROPOSITION 5
FOR THE ISSUANCE OF $200,000
WATERWORKS SYSTEM BONDS ................... 436 votes
AGAINST THEISSUANCE OF $200,000
WATERWORKS SYSTEM BONDS ................... 233 votes
PROPOSITION 6
FOR THE ISSUANCE OF $100,000 SOLID WASTE
DISPOSAL FACILITIES BONDS ................. 436 votes
AGAINST THE ISSUANCE OF $100,000 SOLID
WASTE DISPOSAL FACILITIES BONDS........... 230 votes
ff
II.
All other resident, qualified electors of the City cast 30 votes as follows:
PROPOSITION 1
FOR THE ISSUANCE OF $150,000
SANITARY SEWER SYSTEM BONDS................. 017 votes
I
AGAINST THE ISSUANCE OF $150,000
SANITARY SEWER SYSTEM BONDS ................ 013 votes
PROPOSITION 2c
FOR THE ISSUANCE OF $200,000
010
votes
PARK LAND ACQUISITION BONDS ................
019
votes
AGAINST THE ISSUANCE OF $200,000
018
votes
PARK LAND ACQUISITION BONDS ................
011
votes
PROPOSITION 3
FOR THE ISSUANCE OF$100,000
022
votes
PARK LAND IMPROVEMENT BONDS ................
018
votes
AGAINST THE ISSUANCE OF $100,000
007
votes
PARK LAND IMPROVEMENT BONDS ................
012
votes
PROPOSITION 4
FOR THE ISSUANCE OF $250,000
i
CITY HALL BUILDING BONDS ...................
010
votes
AGAINST THE ISSUANCE OF $250,000
CITY HALL BUILDING BONDS ...................
018
votes
PROPOSITION 5
FOR THE ISSUANCE OF $200,000
WATERWORKS SYSTEM BONDS .....................
022
votes
AGAINST THE ISSUANCE OF $200,000
WATERWORKS SYSTEM BONDS.....................
007
votes
PROPOSITION 6
FOR THE ISSUANCE OF $100,000 SOLID
WASTE DISPOSAL FACILITIES BONDS .............
018
votes
AGAINST THE ISSUANCE OF $100,000
SOLID WASTE DISPOSAL FACILITIES BONDS.......
010
votes
and
WHEREAS, the above totals are shown in the official election returns heretofore
submitted to the City Council and filed with the City Secretary; and
WHEREAS, the election was called and held in all respects under and in strict
conformity with the constitutions and laws of the State of Texas and the United
States of America;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT:
10i
Section 1. The matters and facts recited in the above preamble of this
resolution are found to be true and correct.
Section 2. The election held in the City on the 15th day of February, 1975,
and which is more fully described in the preamble of this resolution, and which was
held and conducted as two separate but simultaneous elections, was called and notice
thereof given in accordance with law; the election was held in all respects in
conformity with law; only resident, qualified electors of the City voted at the
election; the votes of the resident, qualified electors of the City who owned
taxable property within the City and who had rendered the same for taxation, voting at
the election, were recorded, returned, and are canvassed here separately from the
votes of all other resident, qualified electors of the City who voted at the
election; returns of the election have been lawfully made by the proper officers;
the election has resulted favorable to the issuance of the bonds described in propositions
1, 5 and 6, respectively, submitted at the election and the levy and collection of
the tax in payment thereof, and more than the necessary majority of the qualified
voters voting at the election have voted in favor thereof; and, subject to
possible future action by the Supreme Court of the United States, the election may
have resulted favorable to the issuance of the bonds described in proposition 2 submitted
at the election and the levy and collection of the tax in payment thereof.
Section 3. The City Council of the City is authorized to issue all of the
bonds described in the aforesaid propositions 1, 5 and 6,respectively, to levy taxes in pay-
ment thereof, and to do any and all thing necessary or convenient in connection
therewith.
Section 4. It is hereby found and determined that the need of the City for
such financing creates an emergency and an urgent public necessity for the holding, at the
scheduled time, of the meeting at which this resolution is adopted and for the
adoption of this resolution; and the NOTICE OF MEETING relating to said meeting and
heretofore posted by the City Secretary, and the posting thereof, are hereby
authorized, approved, adopted, ratified, and confirmed.
PASSED AND APPROVED this 17 day of February, 1975.
s/ Carlton McComb
Mayor
City of Pearland, Texas
ATTEST:
s/ Dorothy L. Cook
City Secretary
City of Pearland, Texas
(SEAL)
NOTICE OF MEETING
THE STATE OF TEXAS
COUNTIES OF BRAZORIA & HARRIS
CITY OF PEARLAND
Iwo
NOTICE is hereby given of a meeting of the City Council of the CITY OF PEARLAND,
of Brazoria and Harris Counties, Texas (the "City"), to be held on the 17 day of
February, 1975, at 7:30 P. M. in the:
City Hall
for the purpose of the adoption of a resolution canvassing returns and declaring
results of a bond election held on February 15, 1975, and for the purpose of conducting,
considering, and acting upon such other business as shall come before the meeting.
The need of the City for such financing creates an emergency and an urgent
public necessity for the holding of the meeting and for the adoption of the canvassing
resolution at the meeting.
1975.
SEAL
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 11 day of February,
s/ Dorothy L. Cook
City Secretary
City of Pearland, Texas
SELECTION OF ENGINEER FOR MODIFICATION TO WASTE TREATMENT PLANTS:
Mayor McComb read into the records a letter dated February 13, 1975, from the Texas
Water Quality Board regarding Federal allocations available for modifications to our
sewer treatment plants and a pre -application conference had been scheduled for February28,
1975,
8:30 a. m. in the City of Austin. The letter further stated that the City should
have an authorized representative and the consulting engineer attend the conference.
Mayor McComb advised that we needed to appoint the consulting engineer so that he
could attend this pre -application conference with City Manager Wolff.
It was moved by Councilman Griffin, seconded by Councilman Farley that Malcolm Collins,
of Coenco, Inc. be named as the City's consulting engineer for Project No. T-292,
and that we enter into an agreement between owner and engineer for professional services,
and that the Mayor be authorized to execute the agreement. Motion passed 5 to 0.
MEETING RECESSED 8:00 P. M. - RECONVENED 8:10 P. M.
City Manager Wolff advised the Council that the estimated cost of the entire project
Phase 1 is $74,160.00 - our cost would be $18,540.00.
It wasCmoved by Councilman Sanders, seconded by Councilman Griffin that any work order
issued under the immediately previously accepted contract be authorized by the City
allf]
Council prior to its issuance. Motion passed 5 to 0.
FUNDING CITY'S PORTION OF MODIFICATION TO SEWER TREATMENT PLANTS:
Councilman Farley read Resolution No. 75-7.
It was moved by Councilman Farley, seconded by Councilman Reid that the following
Resolution be adopted:
RESOLUTION 75-7
WHEREAS, the City of Pearland has been advised the Texas Water Quality Board
and the Environmental Protection Agency is prepared to fund Phase 1 of a grant for
advanced waste treatment for the City of Pearland, Texas, and
WHEREAS, the Federal Grant is based on 75% of incurred costs; and
WHEREAS, the total cost of Phase 1 is estimated to be $74,160.00;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
That the City of Pearland will appropriate its portion of this project, being
approximately $18,540.00 either from its Water & Sewer Operating Fund or issue
Time Warrants and/or Certificates of Obligation for this purpose.
Voting "aye" on Resolution 75-7: Councilman Sanders, Councilman Griffin, Councilman
Farley, Councilman Reid and Councilman Frank.
Voting "no" - none
Motion passed 5 to 0.
LOTS 24 AND 25 IN BLOCK 14, OLD TOWNSITE:
City Attorney Williams advised that negotiations have been completed and a warranty
deed has been prepared to acquire Lots 24 and 25 in Block 14 from Lorne A. Potter.
The cost of the two lots will be $17,300.00 based on a survey made by the City Engineer.
Mr. Williams asked that a check in the amount of $17,300.00 be authorized so that
this land acquisition might be consummated.
MEETING RECESSED AT 8:35 P. M. - RECONVENED AT 8:40 P. M.
It was moved by Councilman Griffin, seconded by Councilman Sanders that the purchase
of land from Mr. Lorne Potter be consummated and that funding come via amendment
to the Street Department Budget of the General Fund in the amount of $17,300.00 .
Motion passed 5 to 0.
11-0N1i1 M
Meeting adjourned 8:45 P. M.
Minutes approved as sub�iitted and/or corrected th' he / o da of
A. D. 1975. v
NTzl .�/ /!J O_ .. - Mayor