1975-03-10 CITY COUNCIL REGULAR MEETING MINUTES206
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
MARCH 10, 1975, 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
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
Entering
7:40 P. M. Councilman
INVOCATION AND.PLEDGE OF ALLEGIANCE:
The invocation was given by the Rev. Art Jones.
Mike Sheppard of Cub Scout Pack No. 464.
APPROVAL OF MINUTES:
Carlton McComb
Gene E. Sanders
Harry Farley
Tom Reid
Benny J. Frank
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
Cecil W. Griffin
Pledge of Allegiance was led by
It was moved by Councilman Sanders, seconded by Councilman Frank that the minutes of
a special meeting held on February 17, 1975 be approved as submitted. Motion passed
4 to 0.
It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of
the regular meeting held on February 24, 1975 be approved as submitted. Motion passed
3 to 0. Councilman Farley abstained.
MAYOR'S ACTIVITY REPORT:
Proclamations:
Mayor McComb read a Proclamation - Girl Scouts 63rd Anniversary
March 9 through March 15, 1975.
Mayor McComb read a Proclamation - Scout Show Day in Pearland -
April 5, 1975.
COUNCIL ACTIVITY REPORTS:
Councilman Griffin - Councilman Griffin reported that he met with the State Health
Department regarding solid waste disposal regulations and found that a new set of regulations
has been approved. He stated that he felt that the new regulations would strengthen
our position for use of our 50 acres near Manvel as a sanitary landfill.
Councilman Griffin read two letters from the Gulf Coast Waste Disposal Authority pertaining
to two potential alternatives on sanitary landfills. They advised that they had a
verbal commitment from the Friendswood Development Company for a landfill site. This
site is approximately 15 miles from Pearland. The cost estimate would be $4.00 per
ton. This $4.00 per ton compares with $2.25 per ton that the City is now paying
no
Browning & Ferris for use of the landfill near Hitchcock. Mr. Griffin advised that
the second letter deals with their desire to enter into an agreement with us to operate
a landfill at a site of our own choosing.
DEPARTMENTAL REPORTS: None
CITIZENS: Mr. David L. Smith had signed to be on the agenda, however, due to illness
r— was, not ? able to attend the meeting.
DOCKETED PUBLIC HEARINGS:
UNFINISHED BUSINESS:
BID NO. B75-2, SANITARY SEWER COLLECTION LINES - MYKAWA ROAD - BROOKLAND ACRES AREA:
Malcolm Collins, City Engineer recommended that the base bid of $225,934.60 be awarded
to R. T. Bishop Construction Company of Baytown, Texas.
It was moved by Councilman Farley, seconded by Councilman Reid that based upon the
recommendation of the City Engineer that the base bid for the sewer lines (Bid No. B75-2)
be awarded to the R. T. Bishop Construction Company in the amount of $225,934.60 and
that the Mayor be authorized to execute all necessary documents. Motion passed 5 to 0.
FEE FOR RECONNECTION AFTER DISCONNECTION OF UTILITY SERVICE:
City Manager Wolff advised the City Council that the $2.00 which has been charged for
a number of years for the reconnection after disconnection of utility services was
inadequate and recommended that a $5.00 charge be made for this service. The cost
of sending a man out to turn off the service and returning to turn on the service after
the bill has been paid exceeds the $2.00 now charged.
The City Council discussed this matter in detail and the following Resolution was read
by Mayor McComb: Resolution No. 75-9, A resolution of the City Council of the
City of Pearland, Texas, establishing the fee to be charged for reconnection after
disconnection of utility service...... The fee for reconnection after disconnection
of utility service for nonpayment of the bill, in addition to the payment of the amount
due, shall be $5.00.
It was moved by Councilman Reid, seconded by Councilman Griffin that Resolution No,
75-9 be passed, approved and adopted on first and final reading. Said Resolution
No. 75-9 reads in caption as follows:
RESOLUTION NO. 75-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ESTABLISHING THE FEE TO BE CHARGED
FOR RECONNECTION AFTER DISCONNECTION OF UTILITY
SERVICE AS SET OUT IN SECTION III OF ORDINANCE NO
301; AND PROVIDING AN-` EFFECTIVE DATE.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman
Reid and Councilman Frank.
=•
s
Voting "no" - None
Motion passed 5 to 0.
ORDINANCE NO. 303, DETERMINING AND FIXING THE SCHEDULE OF DOMESTIC RATES TO BE CHARGED
BY HOUSTON NATURAL GAS CORPORATION BY PRESCRIBING THE MANNER OF FIXING RATES FOR LARGE
VOLUME CONSUMERS:
It was moved by Councilman Sanders, seconded by Councilman Griffin that Ordinance No.
303 which was tabled and referred to the City Attorney at the last regular meeting of
the City Council be removed from the table and considered at this time. Motion. passed
5 to 0.
It was moved by Councilman Sanders, seconded by Councilman Frank that based on the
advice of the City Attorney that the City Council take no action on this ordinance at
this time. Motion passed 5 to 0.
NEW BUSINESS:
APPLICATION NO. 14 - GARY B. HESTER- REQUEST FOR PD TO R-2 ON 33.9 ACRES IN ABSTRACT
237:
Mayor McComb read a letter dated March 7, 1975 from Dennis Frauenberger, Chairman of
the Planning & Zoning Commission advising that a public hearing had been held and as
a result of the public hearing, the Commission voted to recommend to the City Council
the change as requested by Gary Hester.
It was moved by Councilman Reid, seconded by Councilman Griffin that a Public Hearing
be held by the City Council at 8:00 o'clock p. m., April 7, 1975, to consider Application
No. 14, request by Gary B. Hester, Trustee for reclassification of 33.9 acres in Abstract
237, from PD to R-2, and the City Secretary be authorized to send proper notices.
Motion passed 5 to 0.
RESOLUTION NO. 75-8 - A RESOLUTION CALLING A BOND ELECTION ON APRIL 5, 1975:
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
The City Council of the City of Pearland, Texas,convened in regular meeting, open
to the public, on the 10th day of March, 1975, at the City Hall, and the roll was called of
the duly constituted officers and members of the City Council of the City, to -wit:
Carlton McComb, Mayor; Cecil W. Griffin, Councilman and Mayor Pro Tem; Harry Farley, :.,,.,
Councilman; Gene E. Sanders, Councilman; Tom Reid, Councilman; Benny J. Frank, Councilman.
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 CALLING BOND ELECTION
(the "Resolution") was duly introduced for the consideration of the City Council and
reviewed in full. It was then duly moved by Councilman Farley, seconded by Councilman
Sanders that the Resolution be passed with Section II - OFFICIAL BALLOT
PROPOSITION corrected to read ( ] FOR THE ISSUANCE OF $200,000 PARK LAND
AGAINST ACQUISITION BONDS
[ ]
and, after due discussion, the motion carrying wiith i:tthe passage of the Resolution,
r --
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:
RESOLUTION CALLING BOND ELECTION
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA & HARRIS X
CITY OF PEARLAND X
WHEREAS, the City Council (the "City Council") deems it necessary to call the
election hereinafter described;
THAT:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
Section 1. An election shall be held in the CITY OF PEARLAND on April 5, 1975;
the present boundaries of the City are hereby established as and shall constitute
one election precinct; the polls shall be open for voting from 7:00 a. m. to
7:00 p. m. at the following polling place and the following are hereby appointed
officers to conduct the election at said polling place:
POLLING PLACE
PEARLAND HIGH SCHOOL
2337 North Galveston Avenue
Pearland, Texas
ELECTION OFFICERS:
Mrs. Mary Kliesing Presiding Judge
Mrs. Mary Lee Miller Alternate Presiding Judge
Maximum number of clerks: 5
The presiding judge shall appoint not less than two or more than the maximum number
of election clerks specified above to serve at the polling place under his jurisdiction.
210
Dorothy L. Cook is hereby appointed as the clerk and Dorothy Thompson and Mabel
Salyer the assistant clerks for the absentee voting, and the:
Office of the City Secretary
City Hall
2335 North Texas Avenue
Pearland, Texas 77581
is hereby designated as the place for absentee voting for said election. During the
lawful absentee voting period said clerks shall keep said place for absentee voting
open for absentee voting from 8:00 a. m. to 5:00 p. m. on each day except Saturdays,
Sundays, and official state holidays.
By approving and signing this resolution the Mayor the City officially confirms his
appointment of the aforesaid election officers to serve at the election; and by
adopting this resolution the City Council approves and concurs in the appointment of the
aforesaid election officers.
Section 2. At said election the following PROPOSITION shall be submitted in
accordance with law:
punnncTMTnM
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE"CITY"), BE AUTHORIZED
TO ISSUE THE BONDS OF THE CITY IN THE AMOUNT OF $200,000 MATURING SERIALLY OR OTHERWISE
OVER A PERIOD OF NOT TO EXCEED 40 YEARS FROM THEIR DATE OR DATES, AT ANY PRICE OR
PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST
RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION
OF THE CITY COUNCIL, FOR THE PURPOSE OF ACQUIRING LAND FOR PARK PURPOSES, AND TO LEVY
AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST
ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE
PRINCIPAL OF SAID BONDS AS IT MATURES?
Section 3. Voting machines shall be used for said election, except that paper
ballots shall be used for absentee voting, and the official ballots for the election
shall be prepared in accordance with the Texas Election Code so as to permit the
electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION, which shall be set
forth on all official ballots in substantially the following form:
OFFICIAL BALLOT
PROPOSITION
[ ] FOR THE ISSUANCE OF $200,000
[ ] AGAINST PARK LAND ACQUISITION BONDS
Each elector using voting machines and desiring to vote in favor of the proposition
shall move the voting pointer so as to indicate "FOR" the proposition, and each elector
desiring to vote against the proposition shall move the voting pointer so as to
indicate "AGAINST" the proposition. Each absentee elector using a paper ballot shall
vote on the proposition by placing an "X" or other clear mark in the square beside
the statement indicating the way such elector wishes to vote on the proposition.
Section 4. It is hereby officially found and determined that certain decisions
of the Supreme Court of the United States of America may have created uncertainty as to
the lawful manner of calling or conducting said election; therefore, said election
shall be called, held, and conducted as two separate but simultaneous elections, to
wit: one election at which only the resident, qualified electors of the City who
own taxable property within the City and who have rendered the same for taxation shall
be entitled to vote on the PROPOSITION and another election at which all other resident,
qualified electors of the City shall be entitled to vote on the PROPOSITION. The votes
cast at each of said separate but simultaneous elections shall be recorded, returned,
and canvassed separately.
Section 5. Notice of the election shall be given by posting a substantial copy
of this resolution in a public place within the City and also at the City Hall not
less than fifteen days prior to the date set for the election, and by publication
thereof on the same day in each of two successive weeks in THE NEWS, the duly
designated official newspaper printed and published in the City of Pearland, the date
of the first publication to be not less than fourteen days prior to the date set for
the election.
Section 6. This resolution was read once by the City Council and shall take
effect immediately.
Section 7. It is hereby officially found and determined that the need of the
City for such financing creates an emergency and urgent public necessity for the
holding, at the scheduled time, of the meeting of the City Council 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 and ratified.
PASSED AND APPROVED this 10th day of March, 1975.
ATTEST:
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
Mayor
CITY OF PEARLAND, TEXAS
NOTICE OF BOND ELECTION
212
TO THE QUALIFIED RESIDENT ELECTORS OF THE CITY OF PEARLAND, TEXAS, WHO OWN TAXABLE
PROPERTY WITHIN THE CITY AND WHO HAVE RENDERED THE SAME FOR TAXATION; AND
TO THE QUALIFIED RESIDENT ELECTORS OF THE CITY OF PEARLAND, TEXAS:
NOTICE IS HEREBY GIVEN that an election will be held in the CITY OF PEARLAND,
TEXAS, on the 5th day of April, 1975, in accordance with the following resolution.
H. C. R. NO. 34, HOUSE RESOLUTION REGARDING NATIONAL FLOOD INSURANCE ACT of 1968:
Mayor McComb advised the City Council that while in Austin the previous week he had
obtained a copy of H. C. R. No. 34 a resolution regarding the National Flood Insurance
Act of 1968. Representative Hubenak requested Mayor McComb to bring this resolution
back to the City Council for consideration pertaining to the 100 year flood plain
that we have in this and other areas of the State of Texas. Mayor McComb read the
Resolution that Representative Hubenak presented to the House of Representatives.
Mayor McComb then introduced City of Pearland Resolution No. 75-10 to be considered by
the City Council.
It was moved by Councilman Farley, seconded by Councilman Sanders that Resolution
No. 75-10 be passed, approved and adopted on first and final reading. Said Resolution
No. 75-10 reads in caption as follows:
RESOLUTION NO. 75-10
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS
ENDORSING HOUSE CONCURRENT RESOLUTION NO. 34
OF THE LEGISLATURE OF THE STATE OF TEXAS RELATING
TO INADEQUACIES IN THE FEDERAL INSURANCE ACT
OF 1968.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders
and Councilman Farley.
Voting "no" - None
Motion passed 5 to 0.
CLEAR CREEK BASIN AUTHORITY:
The letter from Judge Holbrook to A. R. Schwartz, State Senator dated February 27,
1975 was brought before the Council for discussion.
Meeting recessed 8:40 P. M - Reconvened at 8:45 P. M.
It was moved by Councilman Sanders, seconded by Councilman Farley that we not consider
any action on this letter in that it deals with personalities, etc, and tends to put
the City of Pearland in an embarrasing position. Motion passed 5 to 0.
Two letters from the Clear Creek Basin Authority, one addressed to Senator Schwartz
and one to Judge Holbrook was discussed.
Mayor McComb advised that the law that set
up the Clear Creek Basin Authority stated that it would have authority as set out in
its Charter. He stated that he was not opposed to any authority that was trying to
stop pollution, however, he totally disagreed with any agency trying to take authority
which has not been vested in it by the Legislature. We have not yet found that the
Clear Creek Basin Authority has the authority to act in Brazoria County or Galveston
County.
Griffin
It was moved by Councilman Farley, seconded by Councilman -- that the letter dated
February 27, 1975, from Judge Holbrook to Senator Schwartz regarding Clear Creek Basin
Authority be brought back on the table without(reference to any personalities for
consideration of the subject matter of the Clear Creek Basin Authority. Motion
passed 5 to 0.
It was moved by Councilman Griffin, seconded by Councilman Sanders that the City
Manager and City Attorney be instructed to draft a resolution for.consideration by the
City Council at the next meeting.; subject of resolution to be request to Senator
Schwartz and other representatives, representing this area in the State Legislature,
to propose a redefinition of or whatever clarification is necessary to the Charter
and b�lawss of the Clear Creek Basin Authority regarding their authority and the extent
of their authority. Motion passed 5 to 0.
EXECUTIVE SESSION: 9:30 P. M. - Section 2 - Subsection (f) Purchase of real estate
and Subsection ( ) - Personnel.
OTHER BUSINESS: Reconvened at 10:45 P. M.
PURCHASE OF LAND: (Action as a result of Executive Session).
It was moved by Councilman Griffin, seconded by Councilman Reid that the action of the
City Manager in acquiring the 1/2 acre site from Associated Equipment Company, Inc.
for use as a water well site be hereby ratified in all purposes. Motion passed 5 to 0.
ADJOURN: Meeting adjourned 10:48 P. M.
Minutes approved as submitted and/or corrected this the !) L/ day of
&. D. 1975.
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City Secreta
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Mayor