1972-07-10 CITY COUNCIL REGULAR MEETING MINUTESR.1
MINUTES OF A REGULAR MEETING Of THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD
ON JULY 10, 1972 AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS.
The meeting was called to order by Mayor McComb with the following present:
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Carlton McComb
Cecil W. Griffin
E. A. Wasek
Gene E. Sanders
James 0. DeShazer
Benny J. Frank
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
Invocation was given by Rev. Tucker of the First United Methodist Church, Pearland, Texas.
Pledge of Allegiance led by City Secretary Dorothy Cook.
APPROVAL OF MINUTES:
It was moved by Councilman Sanders seconded by_Counci.lman 'Frank that the minutes of the
regular meeting held on June 26, 1972 be approved as submitted. Motion passed 5 to 0.
APPROVAL OF EXPENSES:
It was moved by Councilman Frank, seconded by Councilman Wasek that the following checks
be approved for payment:
General
Fund Payroll
Nos. 6287
through
6335
Water &
Sewer Payroll
6336
through
6347
General
Fund Expenditures
4438
through
4501
Water &
Sewer Expenditures
5664
through
5689
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
1. Honorable Roy Simmons, Jr - Municipal Court Judge:
Mayor McComb announced that Judge Simmons had been elected President of the
Municipal Judges Section; State'Bar of,Texas:r, at the Section's Annual Meeting
held on July 7, 1972.
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2. Pearland Volunteer Fire Department:
Mayor McComb commended the men from the Pearland Volunteer Fire Department
who plan to attend the Texas A. & M. Fire Fighting Seminar. Open House will
be held at A. & M. on Wednesday July 19, 1972 for Mayors and Councilmen.
3. City of Pearland vs John Alexander, et al: (Condemnation Suit)
Mayor McComb announced that the Supreme Court of Texas overturned the lower court's
decision and ruled for the City of Pearland. This decision was to reverse and
remand to the lower court for re -trial this condemnation suit.
84
4. Committee Assignments:
Financial Committee - To search and recommend a Certified Public Accountant
firm to audit the City's books for the fiscal year ending September 30,
1972.
Ordinance Committee - Review of the present Dog Ordinance and study ways
to strengthen this particular ordinance.
COUNCIL ACTIVITY REPORTS:
1. Excused Absence - Cecil W. Griffin:
It was moved by Councilman DeShazer, seconded by Councilman Wasek that the
records indicate that Councilman Griffin's absence from the meeting of
June 12, 1972 be shown as "excused absence". Motion passed 4 to 0.
Councilman Griffin abstained.
2. Beautification Committee Report:
Councilman DeShazer reported that this Committee had received a good
reception from citizens as well as organizations in the community.
Several citizens have offered to help with this project in an effort to
improve areas of the City which are unsightly.
DEPARTMENTAL REPORTS: None
CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
SECOND AND FINAI RFADTNG - npnTNANrF mn 91A - TRAFFTr GTNGC-
Proposed Ordinance No. 234 read in full by Councilman Frank:
It was moved by Councilman Wasek, seconded by Councilman Frank that Ordinance No. 234
be passed and approved on second and final reading. Said Ordinance No. 234 reads
in caption as follows:
ORDINANCE NO. 234
AN ORDINANCE DETERMINING AND DECLARING A
SCHEDULE OF MINIMUM FINES IN AND FOR THE
CITY OF PEARLAND, TEXAS, AS AUTHORIZED
UNDER ARTICLE 6701d, VERNON'S TEXAS CIVIL
STATUTES AS AMENDED: PROVIDING THE PENALTY
AND FINE: CONTAINING OTHER PROVISIONS RELATING
TO THE SUBJECT: PROVIDING A REPEALING CLAUSE
AND A SAVINGS CLAUSE: AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Voting "aye" - Councilman Griffin, Councilman Sanders, Councilman DeShazer, Councilman
Wasek, and Councilman Frank.
Voting"no" - None
Motion passed 5 to 0.
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TEXAS HIGHWAY DEPARTMENT - CONTROL AND REGULATIONS - JUNKYARDS AND AUTO GRAVEYARDS:
Mayor McComb read a portion of a letter from W. E. Carmichael, District Engineer, District
12 of the Texas Highway Department dated June 23, 1972 that requested the City to advise
the Highway Department whether or not it wished to administer this Act.
A discussion was held by the Council concerning this matter and it was, brought out that
State Highway 35 was the only highway within the City affected by this Act.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the City of
Pearland's intention is that the Texas Highway Department enforce this matter as referred
to in a letter from Mr. Carmichael dated June 23, 1972 and the Mayor be authorized to
notify the State of the Council's decision. Motion passed 5 to 0.
REMOVAL OF DEPOT BUILDING:
Members of the Pearland Garden Club were present at the meeting to discuss with the
Council the need for a decision on where the building might be placed. The sixty
day time limit orginally granted to the Club to move the building expired on May 5,
1972, however, the Mayor, in the regular meeting held on.June 26, 197-2, requested that
the time be extended until contact could be made with the Garden Club regarding this
matter. Mayor McComb reported that the site for the building to be moved needed
to be selected before the Garden Club would be able to come up with any definite plans
for removal of the building. An area on a railroad strip 50 feet wide, owned by
the City, and located southeast of the City Hall complex had been suggested.
It was moved by Councilman DeShazer, seconded by Councilman Sanders that the members
of the Garden Club present at the meeting be allowed to address the Council. Motion
passed 5 to 0.
A discussion was held between the Council and the Garden Club regarding this project.
It was moved by Councilman Frank, seconded by Councilman DeShazer that the Pearland
Garden Club be granted a 60 day extension on its plans of action for the Railroad Station,
and secondly, that the land (50 ft strip) next to the railroad tracks and located north
of Highway 518 be considered for placement of the depot building. Motion passed
5 to 0.
STREET PAVING - ROBINSON DRIVE:
City Manager Wolff advised that the paving of Robinson Drive is sufficiently completed
fto ask for the concurrnce of the Council in the calling -.of the Public Hearing to
initiate our right of assessment of the land owners abutting this street.
Meeting recessed at 8:30 P. M. - Reconvened at 8:45 P. M. (Time needed for City Attorney
to determine proper date for Public Hearing)
It was moved by Councilman Griffin, seconded by Councilman DeShazer that pursuant to the
Ordinance of Necessity, Ordinance No. 228 governing the paving of Robinson Drive, that
a Public Hearing be called on August 9, 1972 at 7:00 P. M. for the purpose of assessing
the abutting property owners of the street section as specified in the ordinance.
Motion passed 5 to 0.
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NEW BUSINESS:
APPOINTMENT OF BOARD OF ADJUSTMENT AND APPEALS - BUILDING CODE, AND PLUMBING APPEALS
AND ADVISORY BOARD.
It was moved by Councilman DeShazer, seconded by Councilman Frank that this matter
be postponed until the next regular meeting. Motion passed 5 to 0.
Mayor McComb requested the Ordinance Committee to report to the Council at the next
regular meeting on the list of names previously submitted by the Building Inspector.
OTHER BUSINESS: None
CITY MANAGER'S ITEMS:
AUTHORIZATION TO REFER ALL DELINQUENT TAXES TO TAX ATTORNEY FOR COLLECTION:
City Manager Wolff requested authority to refer all delinquent taxes to the Tax Attorney
for collection.
It was moved by Councilman Wasek, seconded by Councilman Frank that all 1971 delinquent
taxes owed to the City of Pearland be referred to the City's Tax Attorney for collection.
Motion passed 5 to 0.
ADJOURN:
It was moved by Councilman DeShazer, seconded by Councilman Frank that the meeting
adjourn. Motion passed 5 to 0.
Meeting adjourned at -8:55 P. M.
Minutes approved as submitted and/or corrected this day of ,
A. D. 1972.
Z�h'V ` Il vl
Mayor
Attest:
City Secretary