1972-03-13 CITY COUNCIL REGULAR MEETING MINUTES31
MINUTES OF R ALAR-MEE INQ'-f HELD ON MARCH 13,1972 BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS AT 7:40 P. M.
The meeting was called to order by Mayor Keller with the following present:
Mayor
D. R. Keller
Councilman
Cecil W. Griffin
Councilman
E. A. Wasek
Councilman
Carlton McComb
Councilman
Benny J.. Frank
City Manager
William E. Wolff
City Attorney
Bobby J. Williams
City Secretary
Dorothy L. Cook
Absent: Councilman
James 0. DeShazer
INVOCATION & PLEDGE OF ALLEGIANCE:
The invocation was given by the Council Chaplain, Dr. Forrest Hawkins. The Pledge
of Allegiance was led by City Attorney Bobby J. Williams.
APPROVAL OF MINUTES:
It was moved by Councilman Wasek, seconded by Councilman Frank that the minutes of the
regular meeting held on February 28, 1972 be approved as submitted. Motion passed
r--4to0.
APPROVAL OF EXPENSES:
The following checks were submitted to the City Council covering expenditures of the
City of Pearland. Check List dated March 13, 1972.
j General Fund Payroll Nos. 5803 through 5806
5811 through 5845
Water & Sewer Payroll 5807 through 5810
5846 through 5860
General Fund Expenditures 3893 through 3988
Water & Sewer Expenditures 5472 through 5503
j Water Construction Expenditures .238
It was moved by Councilman McComb, seconded by Councilman Frank to approve the check list
dated March 13, 1972, however, Check No. 3926 is to be held until the Council is satisfied
n the conditions of the $1,000.00 bid item; Check No. 3966 - Walsh Engineering Company
is to be paid out of the Council Contingency Fund; Check No. 5502 - A letter from.Mr.
Hester be included as part of this record with the check list for rebate on Corrigan IV.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
1. Texas Water Quality Board Order 69 and 69-9A.
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Mayor Keller/aealetter from the Attorney General's office regarding compliance
by the City of Pearland with Texas Water Quality Board Orders 69 and 69-A.
Also, letter to the Attorney General's office from him regarding the City's
efforts thus far, and a letter from the Attorney General's office dated February
29, 1972, requesting the City to meet with the Water Quality Board and
the Attorney General's office in an effort to resolve some of the confusion.
Mayor Keller stated that a trip to Austin was planned and hopefully sometime
tomorrow the date could be set.
Councilman Griffin requested that Councilman McComb attend this meeting, if
possible, since he is familiar Xtltt et�e City Manager Wolff recommended that
as many as possible of the Council should go.
COUNCIL ACTIVITY REPORTS:
Councilman McComb reported that Councilman DeShazer was out of town on business.
It was moved by Councilman McComb, seconded by Councilman Griffin that the absence of
Councilman DeShazer from the meeting be recorded as excused absence. Motion passed
4 to 0.
Councilman McComb reported that he had received two volumes on the Hearings of The
Committee on Government Operations - Phosphates and Phosphate Substitutes in Detergents
and would like to present the Books to the City. Councilman McComb reported that
his final report on the Hearings would be given at the next regular meeting.
DEPARTMENTAL REPORTS:
None
CITIZENS:
Mr. William Gonzales' letter dated March 7, 1972 addressed to the Council was read
by Mayor Keller. Mr. Gonzales requested that the Council take the necessary action
to open to the public that part of Plum Street joining Main Street on the East side
and extending to the Santa Fe Railroad on the West side. Also, open Sacramento Street
from Orange Street on the North side to Plum Street on the South side. Mr. Gonzales
stated in the letter he planned to build commercial buildings adjoining his present location.
It was moved by Councilman McComb, seconded by Councilman Griffin that this item be
referred to the City Manager and Street Superintendent for a cost estimate, with the
final decision to be made by the City Council when Mr. Gonzales comes in with a serious
building proposal. Motion passed 4 to 0.
DOCKETED PUBLIC HEARINGS:
None
RECESS: - Meeting recessed at 8:15 P. M. - Reconvened at 8:30 P. M.
APPROVAL OF CHECK NO. 3926:
It was moved by Councilman McComb, seconded by Councilman Frank that Check No. 3926
previously withheld be released for payment since it had been determined that this check
33
covered materials for 1260 feet on Robinson Drive, and some 300 feet extra for other
areas. Motion passed 4 to 0,.
UNFINISHED BUSINESS:
SECOND AND (FINAL) READING - ORDINANCE OF NECESSITY ON PAVING IMPROVEMENTS ON PORTIONS_
OF CERTAIN`STREETS IN SHADYCREST SUBDIVISION. Shad crest Drive, Shad bend Drive,
Marys Creek Lane East and Marys Creek Lane West.
Second reading of proposed ordinance No. 229 read in full by Councilman Griffin.
7 Ordinance passed first reading on February 28 1972.
It was moved by Councilman Griffin, seconded by Councilman McComb that Ordinance No. 229
be passed -and approved on second and final reading. Said Ordinance No. 229 reads
in caption as follows:
77
i
i
ORDINANCE NO. 229
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT OF PORTIONS OF SHADYCREST
DRIVE, SHADYBEND DRIVE, MARYS CREEK LANE 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 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 FOR.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 Griffin, Councilman McComb, Councilman Wasek, and Councilman
Frank.
Voting "no" None
Motion passed 4 to 0.
SECOND AND (FINAL) READING - TEXAS MUNICIPAL RETIREMENT SYSTEM - PARTICIPATION ORDINANCE:
Second reading of proposed Ordinance No. 230 read in full by Mayor Keller.
Ordinance passed and approved on first reading - February 28, 1972.
It was moved by Councilman McComb, seconded by Councilman Wasek that Ordinance No. 230
be passed and approved on second and final reading. Said Ordinance No. 230 reads in
caption as follows:
ORDINANCE NO. -230
TEXAS MUNICIPAL RETIREMENT SYSTEM PAR-
TICIPATION ORDINANCE
AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE TEXAS
MUNICIPAL RETIREMENT SYSTEM BY THE CITY OF PEARLAND,
TEXAS
Voting "aye" - Councilman Frank, Councilman Wasek, Councilman McComb, and -Councilman
Griffin.
34
Voting "no" - None
Motion passed 4 to 0.
SECOND AND (FINAL) READING - TEXAS MUNICIPAL RETIREMENT SYSTEM - PARTICIPATION IN THE
SUPPLEMENTAL BENEFITS FUND:
Second reading of proposed Ordinance No. 231 read in full by Mayor Keller. Ordinance
No. 231 passed and approved on first reading on February 28, 1972.
It was moved by Councilman Frank, seconded by Councilman Wasek that Ordinance No. 231
be passed and approved on second and final reading. 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
SYSTEM; AND PROVIDING FOR PAYMENT OF THE CITY'S
CONTRIBUTIONS ON ACCOUNT OF SUCH PARTICIPATION.
Voting "aye" - Councilman Griffin, Councilman McComb, Councilman Wasek, and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
NEW BUSINESS:
FIRST READING - REVISED PLUMBING CODE FOR CITY OF PEARLAND:
The draft of the Revised Code as submitted by the City Attorney Williams was assigned
to Councilman Frank, as Chairman and Councilman McComb as member to review the Revised
Code and report back to the City Council.
FIRST READING - ORDINANCE OF NECESSITY ON PAVING IMPROVEMENTS ON PORTION OF LONGHERRIDGE
DRIVE IN SHADYCREST SUBDIVISION:
Councilman Griffin read the proposed ordinance in full.
It was moved by Councilman McComb, seconded by Councilman Wasek that Ordinance No. 232
be passed and approved on first reading. Said Ordinance No. 232 reads in caption as
follows:
ORDINANCE NO. 232
AN ORDINANCE DECLARING THE NECESSITY FOR AND
ORDERING THE PAVING AND IMPROVEMENT OF PORTION
OF LONGHERRIDGE DRIVE AND MARYS CREEK LANE EAST,
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 11-5b,
VERNON'S REVISED CIVIL STATUTES; PROVIDING THE
r—
I
.3.5
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
ACERTIFIED 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 Griffin, Councilman McComb, Councilman Wasek, and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
ACCEPTANCE OF ENGINEER'S ESTIMATED COST FOR RESURFACING PORTIONS OF CERTAIN STREETS
IN SHADYCREST SUBDIVIDION:
The Engineer's Estimated Cost for resurfacing Shadycrest Drive, Marys Creek Lane East,
Shadybend,Drive, and Marys Creek Lane West in accordance with Ordinance No. 229
was brought before the Council for consideration. The following submitted by the
City Engineer:
ENGINEER'S ESTIMATED COST
Resurfacing (*see below) 6.547.82 lin ft.
(Materials Only)
1. Sand -Shell
Mix Base (27'
wide)
$ 20,380.09
2. Asphalt (2
layers - 24'
wide)
1,152.42
3. Aggregate
(Precoated, 2
layers)
2,640.95
Total Estimated Materials Cost .............$ 24,173.46
Dated: 9 March 1972 Prepared by:
Walsh Engineering, Inc.
2010 East Broadway Street
Pearland, Texas 77581
t Shadycrest Drive, Shadybend Drive, Marys Creek Lane East and Marys Creek Lane Wktst,
in accordance with Ordinance No. 229.
It was moved by Councilman McComb, seconded by Councilman Griffin to accept the Engineer's
Estimate into the City's records.
Motion passed 4 to 0.
ADJOURN:
It was moved by Councilman Wasek, seconded by Councilman Frank that the meeting adjourn.
Motion passed -4 to 0.
Meeting adjourned at 9:1O P. M.
Minutes approved as submitted and/or corrected this ,-,f_7 day
A. D. 1972.
Attest:
l
City Secretary