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1972-02-14 CITY COUNCIL REGULAR MEETING MINUTES18 MINUTES OF A REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON FEBRUARY 14, 1972, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order by Mayor Keller with the following present: Mayor D. R. Keller Councilman E. A. Wasek Councilman Cecil W. Griffin Councilman Carlton McComb Councilman James 0. DeShazer Councilman Benny J. Frank City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent: City Manager William E. Wolff INVOCATION & PLEDGE OF ALLEGIANCE: The invocation was given by the Rev. D. O. Foster, minister of the First Baptist Church, Pearland. The Pledge of Allegiance was led by City Attorney Bobby Williams. APPROVAL OF MINUTES: It was moved by Councilman McComb, seconded by Councilman Frank that the minutes of the regular meeting held on January 24, 1972 be approved as submitted. Motion passed 4 to 0. Councilman Griffin abstained. It was moved by Councilman DeShazer, seconded by Councilman Wasek that the minutes of the special meeting held on February 7, 1972 be approved as submitted. Motion passed 4 to 0. Councilman Griffin abstained. Mayor-.'Kbll'er`,.stated'1that Mr. Wolff's absence from this meeting was due to illness. Mayor Kel-ler also reported that Councilman Griffirlsabsence from the regular meeting of January 24, 1972 and special meeting of February 7, 1972 was due to illness, and in compliance with the Charter the records should reflect his absence from the regular meeting was an excused absence. It was moved by Councilman McComb, seconded by Councilman Frank that the records show that Councilman Griffin's absence from the regular meeting held on January 24, 1972 was due to ' illness and recorded as an excused absence. Motion passed 4 to 0. Councilman Griffin abstained. APPROVAL OF EXPENSES: The check list which was furnished to the Council several days prior to the meeting was read by Mayor Keller as follows: General Fund Payroll Nos. 5675 through 5678 5686 through 5688 5713 through 5746 Water & Sewer Payroll 5679 through 5685 5689 through 5695 5696 through 5712 5747 I 19 General Fund Expenditures 3774 through 3856 Water & Sewer Expenditures 5430 through 5462 Sewer Construction Expenditures 199 It was moved by Councilman Frank, seconded by Councilman Wasek that the Check List be approved as read. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: -" Presentation of Houston Lighting & Power Company Cross 'RectA pts Tax - Don Gartman: Mr. Don Gartman, representing the Houston Lighting & Power Company presented Mayor Keller with a check made payable to the City of Pearland in the amount of $31,551.82 as gross receipts tax for the year 1971. This check is an increase of 17.1% over the previous gross receipts payment made by the Company, CITIZENS: Mrs. Frances Jamison - Mrs. Jamison appeared before the City Council and discussed the agenda, check lists, Council minutes and petitions on Time Warrants. UNF INUHED:, RUSINESS: SECOND AND FINAL READING.OF ORDINANCE N0. 221A, AMENDMENT TO POLICE RESERVE ORDINANCE: Ordinance No. 221A was read in full by Mayor Keller. This was second reading of the Ordinance. It was moved by Councilman DeShazer, seconded by Councilman McComb that Ordinance No. 221A be pAssed and adopted on second and final reading. Said Ordinance No. 221A reads in caption as follows: ORDINANCE NO. 221A AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION III OF ORDINANCE NO. 221; PROVIDING A SAVINGS CLAUSE AND EFFECTIVE DATE HEREOF. Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman McComb, and Councilman Frank. Voting "no" -'Councilman Wasek Motion passed 4 to l: APPROVAL OF PURCHASE VOUCHER, STATE OF TEXAS, LOCAL PLANNING ASSISTANCE PROGRAM - PROJECT TEXAS P-282 - PEARLAND, TEXAS. The approval of the State of Texas Purchase Voucher for payment to the City Planners, Marmon, Mok & Green, Inc. was discussed by the Council. This payment would be the final payment due under this Project and represents the 10% retained under the Contract. A discussion,was held on whether or not all items had been completed under the contract and it was.decided that the Planning Commission should be consulted before final approval of the Voucher. 20 It was moved by Councilman McComb, seconded by Councilman Griffin that approval of this Purchase Voucher be tabled until the Council receives some word back from the Planning Commission that this plan is complete from the Planners, Marmon, Mok & Green, Inc. Motion passed 5 to 0. NEW BUSINESS: COUNCIL APPOINTMENTS: Library Board - Mr. Herbert Carleston and Mrs. Harold Sanders were recommended by the Chairman of the Library Board to serve for a three year term. Both Mr. Carleston and Mrs. Sanders have served on the Board since its inception. It was moved by Councilman Frank, seconded by Councilman Wasek that Mr. Herbert Carleston and Mrs. Harold Sanders be appointed to the Library Board for a three year term. Motion passed 5 to 0. Electrical Board - Mr. Dave Corbett's name was submitted to the Council for re -appointment to the Electrical Board. Mr. Corbett has served on the Board since its inception. It was moved by Councilman Wasek, seconded by Councilman McComb that Mr. Dave Corbett be appointed to the Electrical Board for a term of two years. Motion passed 5 to 0. Mayor Keller to write letters of thanks to members of the Library Board and Electrical Board,for their service to the City. Building & Plumbing Board - This item was passed until such time as the revised Plumbing Code is adopted. Board of Equalization - The Charter under Section 8.21 provides that a Board of Equalization shall be appointed by the Council each year in February. It was moved by Councilman McComb, seconded by Councilman DeShazer that the following be appointed to the Board of Equalization for the City of Pearland - Tax Year 1972: 1. Toby S. Lytle 2. Jim P. Campise 3. Raymond T. Vial 4. Will R. Harrison 5. Ralph Wemhoff The first meeting of the Board shall be the first Thursday in April and the rate of compensation shall be $10.00 per each individual for each and every day they are actively engaged in such work. Motion passed 5 to 0. CALL OF CITY OFFICERS' ELECTION - APRIL 1, 1972 FOR MAYOR AND COUNCILMAN (POSITION 3): Resolution and Order Establishing Procedure for City Officers' Election (Resolution 72-3) A proposed Resolution and Order was read in full by Mayor Keller. It was moved by Councilman DeShazer, seconded by Councilman Griffin that Resolution No. 72-3 be passed and adopted on first and final reading. Said Resolution No. 72-3 reads as follows: RESOLUTION NO. 72-3 21 Whereas the laws of the State of Texas and the Charter of the City of Pearland provides that on April 1, 1972 there shall be elected the following officials for this City: Mayor - One Councilman (Position 3). Whereas the laws of the State of Texas and. the Charter of the City of Pearland further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, an order should be passed establishing the procedure to be followed in said election, and designating the voting place for said election. That all of said applications shall be substantially in the following form: To the Mayor of the City of Pearland, Texas: I hereby request that my name be 'placed upon the official ballot for the election to be held on the 1st day of April 1972, as a candidate for (Mor or Councilman Position 3) of said City. I hereby certify that"I am a citizen,,of the United States of American and that I am eligible to hold office under the Constitution of this state and have resided in this state for a period of twelve.months next preceding the date of said election and have resided in the City in which I offer myself -as a candidate for', _'Months next preceding the date of said election. Dated this day of 197 Received the day of 19 Mayor All candidates shall file with said application the loyalty affidavit required by Article 6.02 of the Election Code. That the Secretary of this City shall, in accordance with the terms and provisions of Article 13.32 of the Election Code, post in his office the names of all candidates who have been certified to him �Y the Chairman of the Executive Committee of any party holding a primary election for said above mentioned offices, and the names of all independent c°a;ndidates who have filed their applications in accordance with the terms ...- and provisions of this order, and said names shall be posted at a conspicuous place in ✓( said office for at least 10 days before said Secretary orders the same to be printed -on the ballot of said election. This City, having 7 County election precincts, said election shall be held at the following placein said City. 1. In Brazoria County Election Precincts No. 11,12,16,-26,28,29,;at Speech Room, Pearland High School,Building, Pearland, Texas. 2. In karris County County Election Precinct No.. 76 at Speech Room, Pearland High. School Building, 2337 N. Galveston, Pearland, Texas. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct of said election. The Order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Article 6.05-c; Subd. 3. The Mayor shall give notice of this election in accordance with the terms and provisions of Article 4.05 of the Eleetion Code and returns of said notice shall be made as provided in said Article 4.05, and the Mayor shall issue all necessary orders and writs for said election and returns of said election shall be made to the Council immediately after the closing of the polls. It is further found and determined that in accordance with the order of this governing body the Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient to the public, -sand said notice having been so posted and remaining posted continuously for at least 'three days preceding the date of this meeting. A copy of the return of said posting yshall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman McComb, Councilman Wasek, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. RESOLUTION ON RULES OF PROCEDURE FOR CITY COUNCIL: 22 This item to be discussed at workshop before submission to City Council. FIRST READING - REVISED PLUMBING ORDINANCE: This item to be discussed at workshop before submission to City Council. ADJOURN: Motion made by Councilman McComb, seconded by Councilman DeShazer to adjourn. Motion passed Meeting adjourned 8:35 P. M. 5 to 0. Minutes approved as submitted and/or corrected this day of 0