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1972-08-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON AUGUST 28, 1972 AT 7:35 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 Carlton McComb Councilman E. A. Wasek Water & Councilman Gene E. Sanders Councilman James 0. DeShazer Councilman Benny J. Frank City Manager William E.'Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent: Councilman Cecil W. Griffin INVOCATION AND PLEDGE OF.ALLEGIANCE: R The invocation was given by Dr. Forrest Hawkins. The Pledge of Allegiance was led by Councilman Wasek. APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Wasek that the minutes of the regular meeting held on August 14, 1972, be approved as submitted. Motion passed 4 to 0. It was moved by Councilman DeShazer, seconded by Councilman Frank that the minutes of the Budget Hearing held on August 14, 1972 be approved as corrected. Motion passed 4 to 0. APPROVAL OF EXPENSES: It was moved by Councilman Wasek, seconded by Councilman DeShazer that the following checks be approved for payment: General Fund Payroll Nos. 6478 through 6525 Water & Sewer Payroll 6526 through 6537 General Fund Expenditures 4623 -through 4678 Water & Sewer Expenditures 5728 through 5757 Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Southwestern Bell Telephone Company: Mayor McComb read a letter dated August 25, 1972 from Mr. W. H. Bowen, Vice President of Staff, Southwestern Bell Telephone Company concerning re -negotiations with the phone company. Mr. Bowen advised that the matter had been referred to Mr. John D. Lightfoot for investigation. Mr. Lightfoot is the District Manager for S. W. Bell Telephone Company in this area and is wholly responsible for telephone matters in the Pearland area. 9 Mayor McComb assigned this matter to Councilman Wasek, as Chairman of the Rate Committee and requested that he contact Mr. John Lightfoot and begin negotiation for a new contract with Southwestern Bell Telephone Company. COUNCIL ACTIVITY REPORTS: Councilman Sanders reported that he planned to get in touch with the Fire Chief to r! work out the agreement with the Pearland Volunteer Fire Department as set out in the City Charter. DEPARTMENTAL REPORTS: City Manager - Emergency replacement of compressor at Wastewater Plant No. 2: Mr. Wolff reported that a compressor at Wastewater Plant No. 2 had burned out and the damage was so excessive it was beyond economical repair. Mr. Wolff presented quotations on a new blower .from McKenzie Equipment Company in Houston, Texas and Wasp, Inc. in Austin, Texas. McKenzie quoted $3745.35 and Wasp quoted $ 3678.00. Mr. Wolff requested that the Council approve the purchase of a Lamson rotary compressor from the McKenzie Company although it is $67.35 higher than the Hoffman Model offered by the Wasp Company. This recommendation was due to the fact that the McKenzie Company is a Houston concern, the compressor could be delivered in 5 to 6 weeks in comparison to 8 weeks from Wasp, and it carried a one year warranty rather than 6 months as quoted by Wasp. This item would need to be handled on an emergency basis since r - we only have one compressor at the plant in operation and none at the present time on a stand-by basis. It was moved by Councilman Frank, seconded by Councilman DeShazer that we contract to purchase a 806 Lamson rotary compressor from the McKenzie Company for a price of $3,745.35 as quoted in proposal dated August 21, 1972, and that the Mayor be authorized to execute the contract immediately. CITIZENS: None UNFINISHED BUSINESS: Motion passed 4 to 0. APPOINTMENT OF BOARD OF ADJUSTMENT AND APPEALS - BUILDING CODE; APPOINTMENT OF PLUMBING APPEALS AND ADVISORY BOARD - PLUMBING CODE: It was moved by Councilman Sanders, seconded by Councilman Frank that the following individuals be named to the Board of Adjustment and Appeals under the Building Code: Term 2 years W. R. Keele - At Large Member - Term 3 years; William T-. McClelland - At Large Member J. D. Swensen - Architect - Term 2 years; Raymond Barringer - General Contractor - Term 1 year; Bill Frascino - At Large Member - Term 1 year. Motion passed 4 to 0. Mayor McComb administered the Oath of Office to W. R. Keele, William T. McClelland, and Bill Frascino_ Mayor McComb stated that Mr. J. D. Swensen would serve as the temporary chairman of the Board. It was moved by Councilman Frank, seconded by Councilman Wasek that the following individuals 100 be named to the Plumbing Appeals and Advisory Board: A. V. Jolley - Master Plumber - Term 3 years; R. 0. Sockwell - Master Plumber - Term 2 years; M. R. Swensen - General Building Contractor - Term 2 years; Walter Besser - At Large Member - Term 1 year; Gary Shivers - At Large Member - Term 1 year. Motion passed 4 to 0. Mayor McComb administered the Oath of Office to A. V. Jolley, R. 0. Sockwell, and Gary Shivers. Mayor McComb stated that Mr. A. V. Jolley would serve as temporary chairman of the Board. SECOND AND (FINAL) READING - ORDINANCE NO. 173A — AMENDMENT TO DOG ORDINANCE: Proposed Ordinance No. 173A was read in full by Councilman Frank. It was moved by Councilman Frank, seconded by Councilman Sanders that Ordinance No. 173A be passed and approved on second and final reading. Said Ordinance No. 173A reads in caption as follows: ORDINANCE NO. 173A AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION XIV OF ORDINANCE NO. 173; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Voting "aye" - Councilman Sanders, Councilman DeShazer, Councilman Wasek,and Councilman Frank. Voting "no" - None Motion passed 4 to 0. SECOND AND -(FINAL)- READING - ORDINANCE NO. 235, DECLARING JUNK VEHICLES PUBLIC NUISANCE: Proposed Ordinance No. 235 was read in full by Councilman DeShazer. During the reading of the Ordinance, Councilman Sanders requested to be recognized on a question of personal privilege. Councilman Sanders was recognized by the Chair and offered the following motion: It was moved by Councilman Sanders that Ordinance No. 235 be referred to the Ordinance Committee for further study and recommendations and it be returned to the Council for action at the next regular meeting. Motion died for lack of a second. Councilman DeShazer continued the final reading of Ordinance No. 235. It was moved by Councilman Frank, seconded by Councilman DeShazer that Ordinance No. 235 be passed and approved on second and final reading. Said Ordinance NO. 235 reads in caption as follows: ORDINANCE NO. 235 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DECLARING JUNK VEHICLES PUBLIC NUISANCE: PRESCRIBING CERTAIN DEFI- NITIONS; PROVIDING FOR ADMINISTRATIONS AND AUTHORIZING ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR NOTICE TO ABATE PUBLIC NUISANCE, FOR A PUBLIC HEARING WHEN REQUESTED, FOR ENTERING OF ORDER FOR REMOVAL OF A VEHICLE BY CHIEF 101 -OF POLICE AND FOR SALE OF REMOVED -VEHICLE; PROVIDING THAT NO REMOVED VEHICLE SHALL BE RECONSTRUCTED; PROVIDING FOR NOTICE TO THE TEXAS HIGHWAY DEPARTMENT; MAKING THE PROVISIONS HEREOF INAPPLICABLE IN CERTAIN CASES; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Voting "aye" - Councilman DeShazer, Councilman Wasek, and Councilman Frank. Voting "no" - Councilman Sanders Motion passed 3 to 1. NEW BUSINESS: SPECIAL PERMIT TO PEARLAND LIONS CLUB TO OPERATE TURKEY SHOOT ON. NOVEMBER 4TH AND NOVEMBER 5TH, _:3.972. The Pearland Lions Club requested that the City grant a special permit to discharge firearms in_ the City. This would be for the annual Turkey Shoot to be held this year on November 4th and November 5th. It was moved by Councilman Frank, seconded by Councilman DeShazer that the Pearland Lions Club be granted a special permit for the Turkey Shoot to be held November 4th and 5th_, 1972,_.subject_to _evidence of liability insurance furnished the -City -and the coordination of traffic flow through Chief -of -Police M. L. Singleton. Motion passed 4 to 0. ACCEPTANCE OF THE TAX ROLL FOR 1972. RESOLUTION NO. 72-13: Mayor McComb read proposed REsolution No. 72-13 in full. This Resolution accepted the final tax roll as presented by the Tax Assessor and approved by the Board of Equalization. ASSESSED VALUE 1972 - LAND .....$ 9,918,903; IMPROVEMENTS ....$18,369,205; PERSONAL PROPERTY .....$ 4,344,414; TOTAL .....$32,632,522. It was moved by Councilman Frank, seconded by Councilman Wasek that Resolution No.72-13 be passed and approved .gin first and final reading. Resolution No. 72-13 reads in caption as follows: RESOLUTION NO. 72-13 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, ACCEPTING AND APPROVING THE TAX ASSESSOR -COLLECTOR'S CERTIFICATION AND THE BOARD OF EQUALIZATION'S CERTIFICATION OF THE 1972 -TAX ROLL.. _. Voting "aye" - Councilman Sanders, Councilman DeShazer, Councilman Wasek, and Cc lman Frank. Voting "no" - None Motion passed 4 to 0. FIRST READING - ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND - 1972: Proposed Ordinance No. 236 read in full by Councilman Sanders. 102 It was moved by Councilman Sanders, seconded by Councilman Frank that Ordinance No. 236 be passed and approved on first reading. Ordinance No. 236 reads in caption as follows: ORDINANCE NO. 236 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 1972, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. SECTION 1. That there is hereby levied and there shall be collected for the use and support of the municipal government of the City of Pearland, Texas, and to provide interest and sinking fund for the year Nineteen Hundred and Seventy-two upon all property, real, personal, and mixed within the corporate limits of said City subject to taxation, a tax of One Dollar and thirty cents ($1.30) on each One Hundred Dollars ($100.00) valuation of property, said tax being levied and apportioned to the specific purposes herein set forth....... General Fund $0.744 - Interest & Sinking Fund $0.556. Voting "aye" - Councilman Frank, Councilman Wasek, Councilman DeShazer, and Councilman Sanders. Voting "no" - None Motion passed 4 to 0. FIRST READING - ORDINANCE NO. 237 - AN APPROPRIATION ORDINANCE ADOPTING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1972 AND ENDING SEPTEMBER 30, 1973: Proposed Ordinance No. 237 read in full by Mayor McComb. It was moved by Councilman DeShazer, seconded by Councilman Frank that Ordinance No. 237 be passed and approved on first reading. Ordinance No. 237 reads in caption as follows: ORDINANCE NO. 237 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1972 AND ENDING SEPTEMBER 30, 1973. Voting "aye" - Councilman Sanders, Councilman DeShazer, Councilman Wasek, and Councilman Frank. Voting "no" - none Motion passed 4 to 0. RESOLUTION NO. 72-14 APPROVING $7,000.00 IN TIME WARRANTS FOR STREET IMPROVEMENTS - LONGHERRIDGE DRIVE: Proposed Resolution No. 72-14 read in full by Councilman Wasek. It was moved by Councilman Wasek, seconded by councilman Frank that Resolution No. 72-14 be passed and approved on first and final reading. Resolution No. 72-14 reads in caption as follows: 102 RESOLUTION VO. 72-14 A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS, TO -WIT: THE CONSTRUCTING OF PERMANENT STREET IMPROVEMENTS WITHIN CERTAIN AREAS OF THE CITY IN WHICH 60% OF THE PROPERTY OWNERS ON ANY STREET, OR 600 FOOT PORTION THEREOF, HAVE AGREED TO PARTICIPATE WITH THE CITY IN COST OF SAID IMPROVEMENTS AS EXPRESSED IN THE CITY OF PEARLAND'S STREET - PARTICIPATION POLICY RESOLUTION NO. 71-26: APPROVING CLAIMS FOR MATERIALS IN CONNECTION THEREWITH; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIMS, CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. (Resolution No. 72-14 approves $7,000.00 in Time Warrants - Nos. 28 to 34, both inclusive - to Chennault Material & Equipment Company). Voting "aye" - Councilman Frank, Councilman Wasek, Councilman DeShazer, and Councilman Frank. Voting "no" - None Motion passed 4 to 0. RESOLUTION NO. 72-15 - APPROVING $5,000.00 IN TIME WARRANTS FOR WATER WELL REPAIRS - KATY DRILLING COMPANY: r _ Resolution No. 72-15 read in full by Mayor McComb. It was moved by Councilman DeShazer, seconded by Councilman Sanders that Resolution No. 72-15 be passed and approved on first and final reading. Resolution No. 72-15 reads in caption as follows: RESOLUTION NO. 72-15 A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS TO -WIT: REPAIR AND MODIFICATION TO CITY WATER WELL NO. 2, NO. 3 AND NO. 4; APPROVING CLAIMS FOR PROFESSIONAL AND PERSONAL SERVICES RENDERED IN CONNECTION THEREWITH; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIMS; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. (Resolution No. 72-15 approves $5,000.00 in Time Warrants - Nos. 7 to 11, both inclusive, - to Katy Drilling, Inc.) Voting "aye" - Councilman Frank, Councilman Wasek, Councilman DeShazer, and Councilman Sanders. Voting "no" - None Motion passed 4 to 0. ADJOURN: It was moved by Councilman Wasek, seconded by Councilman DeShazer that the meeting adjourn. Motion passed 4 to 0. Meeting adjourned 9:00 P. M. 104 Minutes approved as submitted and/or corrected this // day oc 4 A. D. 1972. Mayor Attest: -:Z" - - City Secretary