1972-02-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON FEBRUARY 28, 1972, AT
7:40 P. M. IN THE CITY HALL, 2,335 N. TEXAS AVENUE, PEARLAND, TEXAS.
The meeting was called to order by Mayor Keller with the following present:
Mayor
Councilman
('f Councilman
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Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
NVOCATION & PLEDGE OF ALLEGIANCE:
D. R. Keller
Cecil W. Griffin
E. A. Wasek
Carlton McComb
James 0. DeShazer
Benny J. Frank
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
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The invocation was given by the Rev. Jerry Laird, Minister of the Bethany Assembly of
God Church in Pearland. The Pledge of Allegiance was led by City Attorney Bobby Williams.
APPROVAL OF MINUTES:
It was moved by Councilman DeShazer, seconded by Councilman McComb that the minutes of
the regular meeting held on February 14, 1972 be approved as submitted. Motion passed
5 to 0.
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APPROVAL OF EXPENSES:
The check numbers for approval read by Mayor Keller.
It was moved by Councilman McComb, seconded by Councilman Griffin that the following checks
be approved for payment:
General Fund Payroll
Water & Sewer Payroll
General Fund Expenditures
Water & Sewer Expenditures
Motion passed 5 to 0.
Nos. 5748 & 5749
5755 thru 5788 _
5750 thru 5754
5789 thru 5802
3857 thru 3892
5463 thru 5471
5466 VOID
AYOR'S ACTIVITY REPORT:
1. Proclamation- Public School Week - March 6-12, 1972
Mayor Keller read a Proclamation proclaiming March 6-12, 1972 as Public
School Week in Pearland.
COMMITTEE REPORTS:
1. Railroad Committee - Councilman DeShazer, Chairman Councilman McComb, Member
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Councilman DeShazer reported that on February 17, 1972, he, Councilman Frank, Councilman
McComb and Councilman Griffin met with Mr. Wade and Mr. Gibson, representatives of the
Atchison, Topeka & Santa Fe Railway Company. Various topics were discussed at this
meeting. The Railway Company is asking that the City approve the closing of the
Agency here in Pearland. This would be moved to the new location between Mykawa Road
and Telephone Road near Hobby Airport in Houston. The Committee recommended that a
Public Hearing be held on the closing of the Railway Agency here in Pearland.
Councilman Wasek stated that he felt the Knapp Road Crossing should be discussed at this
same meeting.
It was moved by Councilman DeShazer, seconded by Councilman McComb that a Public Hearing
be held at the City Hall on March 9, 1972 at 7:30 P. M. to discuss the removal of the
A. T. & S. F. Agency from Pearland, and discuss with the A. T. & S. F. Railway Company
the Knapp Road Crossing.
Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman McComb, Councilman
Wasek, and Councilman Frank.
Voting "no" - none.
Motion passed 5 to 0.
CITIZENS:
Mrs. Frances Jamison - Not present at this time
Mr. C. L. Bowling - Not present at this time
UNFINISHED BUSINESS:
APPROVAL OF PURCHASE VOUCHER, STATE OF TEXAS, LOCAL PLANNING ASSISTANCE PROGRAM:
This matter had been tabled from a previous meeting to permit the Planning Commission to
make a recommendation on whether or not the plan was complete to the satisfaction of the
Commission. Mayor Keller read from the minutes of the Planning Commission meeting
of February 15, 1972 wherein a motion was made, seconded and passed stating that the
Commission was satisfied with the Land Use Plan and Land Use Maps provided by Marmon,
Mok & Green, Inc.
It was moved by Councilman McComb, seconded by Councilman Griffin that this item which
had been tabled from the last meeting be brought back for Council consideration.
Motion passed 5 to 0.
It was moved by Councilman McComb, seconded by Councilman Frank to release the retainer
of $1,025.00 and that the Mayor be authorized to execute the State of Texas Purchase
Voucher on behalf of the City of Pearland. Motion passed 5 to 0.
CITIZENS:
The Council was agreeable to moving the order of business back to the Citizens since those
wishing to speak were present.
Mrs. Frances Jamison - Mrs. Jamison appeared before the City Council regarding certified
copies of the Petitions against Time Warrants, and the Homestead Tax Deferment, for age
over 65 which she stated was adopted by the last Legislature.
C. L. Bowling - Mr. C. L. Bowling appeared before the City Council with a request for
clarification of Section 6.13 of the Home Rule Charter.
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- Councilman Griffin requested that the City Attorney report back to the City Council at
some future meeting as to the status of certification of documents within the City's
coffers.-
Councilman
offers.-
Councilman Griffin absent from Council Chambers 8:05 P. M. - Returned 8: 08 P. M.
RESOLUTION ON RULES OF PROCEDURE FOR CITY COUNCIL:
A proposed resolution adopting certain rules of procedure and order of business for the
City Council was read in full by Mayor Keller.
A discussion was held on Section III of the Resolution, however, no changes were made
in the Resolution as submitted and read.
It was moved by Councilman Griffin, seconded by Councilman Frank that Resolution No. 72-4,
Resolution of Procedure and Order of Business be passed and approved by the City Council.
Said Resolution No. 72-4 reads in caption as follows:
r -
RESOLUTION NO. 72-4
v A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, ADOPTING
CERTAIN RULES OF PROCEDURE AND ORDER OF BUSINESS FOR
THE CITY COUNCIL, AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman McComb, Councilman Wasek
and Councilman Frank.
Voting "no" - none
Motion passed 5 to 0.
NEW BUSINESS:
ALLOCATION OF DRAINAGE DISTRICT PARTICIPATION FOR 1972:
Councilman McComb explained that some 5 years ago a three year project was started to
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lieve the high water situation during heavy rainfall in the Willowcrest and Mimosa
1� fires section of the City. This project started down on Pearland Sites Road with large
&—ain tile being placed North to Walnut 'and West on Walnut to Austin Street, North on
Austin Street under Highway 518. This would divert some of the water during flooding
conditionsconditions to Marys Creek away from Clear Creek. Two years of'a three year project
is complete. Last year the Drainage District was not able to allocate any funds to this
project but'g'Welabor and.machinery time to the City. We have one year left to complete
this project and it will start on Austin and Walnut, go North on the West side of Austin
under Highway 518 lt6 Cherry Street.
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It was moved by Councilman McComb, seconded by Councilman Frank that the Mayor be
authorized to write the Drainage District that our allocation for 1972 go to this Austin
Street project. Motion passed 5 to 0.
AGREEMENT ON ALLOCATION OF FUNDS - BRAZORIA COUNTY PRECINCT NO. 3:
Mayor Keller read a letter from Wm. H. Hershey, P. E. County Engineer regarding the
Agreement for allocation of County Road Funds for the City of Pearland. This letter
dated January 26, 1972.
It was moved by Councilman DeShazer, seconded by Councilman Griffin that funds allocated
by the County be used for the repair and resurfacing of Walnut Street. Motion passed
5 to 0.
ACCEPTANCE OF SPECIFICATIONS FOR CONSTRUCTION AND RESURFACING OF VARIOUS STREETS FOR THE
CITY OF PEARLAND:
City Manager Wolff stated that this item was placed on the Agenda through error. The
specifications for construction and resurfacing are filed with the City Secretary.
ACCEPTANCE OF ENGINEER'S ESTIMATED COST FOR RESURFACING ROBINSON DRIVE (1,280.47 lin. ft.
Engineer's Estimated Cost - Resurfacing Robinson Drive (1,280.27 lin. ft.) (Materials
Only) was submitted to the Council for consideration. This estimate is as follows:
1. Sand -Shell Mix Base (27' wide)
2. Asphalt ( 2 layers)
3. Aggregate (Precoated, 2 layers)
$ 3,986.06
225.36
516.45
Total Estimated Cost .................................$ 4,727.87
This is $3.69 per running ft.
Mayor Keller stated that for the record, and hearing no exceptions from the City Council,
this estimate is accepted and becomes a part of the minutes.
ORDER OF BUSINESS:
At the consent of the City Council the Order of Business was changed, moving Item 2
under City Manager's Items to this time.
CITY MANAGER'S ITEM:
REQUEST FOR RATIFICATION BY CITY COUNCIL OF APPOINTMENT - CHIEF OF POLICE:
Mr. Wolff requested the Council to ratify his appointment of Mr. M. L. Singleton as
Chief of Police effective March 16, 1972.
It was moved by Councilman Griffin, seconded by Councilman DeShazer that the appointment
of Mr. M. L. Singleton as Chief of Police for the City of Pearland be ratified.
Motion passed 5 to 0.
Meeting recessed 8:40 P. M. - Reconvened 8:50 P. M.
NEW BUSINESS - CONTINUED:
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FIRST READING - ORDINANCE OF NECESSITY ON PAVING IMPROVEMENTS ON PORTIONS OF CERTAIN;
STREETS IN SHADYCREST SUBDIVISION:
Proposed ordinance was read in full by Councilman Griffin. (Ordinance No. 229)
It was moved by Councilman Mc Comb, seconded by Councilman Frank that Ordinance No. 229
The passed and approved on first of two readings. Caption of said Ordinance No. 229
reads as follows:
ORDINANCE NO. 229
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT OF PORTIONS.OF SHADYCREST
DRIVE, SHADYBEND DRIVE, MARYS CREEK LAME EAST, AND
MARYS CREEK LANE WEST, CITY OF PEARLAND, TEXAS;
APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK:
AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS
IF NECESSARY; DIRECTING THE PREPARATION OF ESTIMATES;
INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE 1105b,
VERNON'S REVISED CIVIL STATUTES; PROVIDING THE'I�MANNER
IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL
BE PAID AND PROVIDING FOR ASSESSMENT OF A PORTION OF SUCH
COSTS AGAINST ABUTTING'PROPERTIES AND THE OWNERS THEREOF;
PROVIDING FOR THE TERMS OF PAYMENT OF SUCH ASSESSMENTS;
DIRECTING THE CITY SECRETARY TO CAUSE A CERTIFIED COPY
OF THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST
RECORDS OF BRAZORIA COUNTY, TEXAS ENACTING PROVISIONS
INCIDENT AND RELATING TO THE SUBJECT; PROVIDING A
,-- SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF.
' Voting "aye" - Councilman Frank, Councilman Wasek, Councilman McComb, Councilman DeShazer,
and Councilman Griffin.
Voting "no None
Motion passed 5 to 0.
FIRST READING - TEXAS MUNICIPAL LEAGUE RETIREMENT SYSTEM - PARTICIPATION ORDINANCE:
Proposed Ordinance read in full by Mayor Keller. (Ordinance No. 230)
It was moved by Councilman Wasek, seconded by Councilman DeShazer that Ordinance No. 230
be passed and appoved on first of two readings. Said Ordinance No. 230 reads in
caption as follows:
ORDINANCE NO. 230
AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE TEXAS
MUNICIPAL RETIREMENT SYSTEM BY THE CITY OF PEARLAND
TEXAS.
Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman McComb, Councilman
Wasek, and Councilman Frank.
Voting "no" -None
Motion passed 5 to 0.
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FIRST READING - TEXAS MUNICIPAL RETIREMENT SYSTEM - PARTICIPATION IN THE SUPPLEMENTAL
BENEFITS FUND:
Proposed Ordinance read in full by Mayor Keller. (Ordinance No. 231)
It was moved by Councilman DeShazer, seconded by Councilman McComb that Ordinance No. 231
be passed and approved on first of two readings. Said Ordinance No. 231 reads in
caption as follows:
ORDINANCE NO. 231
AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE SUPPLEMENTAL
BENEFITS FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY ALL
DEPARTMENTS OF THE CITY GOVERNMENT WHICH NOW PARTICIPATE IN THE
TEXAS MUNICIPAL RETIREMENT SYSTEM; AND PROVIDING FOR PAYMENT
OF THE CITY'S CONTRIBUTION ON ACCOUNT OF SUCH PARTICIPATION.
Voting "aye" - Councilman Frank, Councilman Wasek, Councilman McComb, Councilman DeShazer,
and Councilman Griffin.
Voting "no" - None
Motion passed 5 to 0.
CITY MANAGER'S ITEMS (CONTINUED):
REQUEST OF MR. W. E. PARKER FOR REFUND UNDER AGREEMENT WITH THE BRAZORIA COUNTY WATER
CONTROL & IMPROVEMENT DISTRICT NO. 3 DATED DECEMBER 17. 1963.
Mr. Wolff requested that this item be moved to the next Agenda. Mr. Parker has requested
a refund under the contract and the City will need additional time to check this matter
- out.
ADJOURN:
It was moved by Councilman DeShazer, seconded by Councilman McComb that the meeting
adjourn. Motion. passed 5 to 0.
Meeting adjourned at 9:15 P. M.
Minutes approved as submitted and/or correct
A. D. 1972.
Attest:
-4e 5��Z,
City Secretary