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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. r--• 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. 85 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. 86 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