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1972-09-11 CITY COUNCIL REGULAR MEETING MINUTES10.5 MINUTES OF A REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON SEPTEMBER 11, 1972 AT 7:35 P. M. IN THE CITY HALL, 2335N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order by Mayor McC6mb with the following present: Mayor Carlton McComb Councilman Cecil W. Griffin Councilman E. A. Wasek Councilman Gene E. Sanders Councilman James 0. DeShazer Councilman B. J. Frank City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: 4731 The invocation was given by Dr. Forrest Hawkins. The Pledge of Allegiance was led by Mrs. Hickey of the Pearland Garden Club. APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Wasek that the minutes of the regular meeting held on August 28, 1972 be approved as submitted. Motion passed 4 to 0. Councilman Griffin abstained. APPROVAL OF EXPENSES: It was moved by4Councilman Griffin, seconded by Councilman Frank that the following checks be approved for payment: General Fund Payroll Nos. 6538 through 6583 6596 Water & Sewer Payroll 6584 through 6595 General Fund Expenditures 4679 through 4731 Water & Sewer Expenditures 5758 through 5770 Water Construction 242 Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT:' 1. Proclamation Hunting & Fishing Day - September 23, 1972. 2. Proclamation - National Young Homemakers of Texas Week = September 17 through September 23, 1972. 3. Federal Revenue Sharing by Cities - Mayor McComb reported that he had talked to Congressman Casey and was advised that under the Senate Bill the City of Pearland would receive $29,876.00 and under the Bill that has passed the House, the City would receive $33,647.00. 4. Mayor McComb read a letter from Pearland Senior United Methodist Youth Foundation 106 advising that this group would like to help clean up the City. This letter was referred to the Beautification Committee 5. Brazos River Authority - Surface Water. Mayor McComb stated th&t he has been in touch with the Brazos.'River Authority and discussed the treatment of the surface water. A treatment plant operated by the Authority is located in the Texas City Area. Mayor McComb requested that Councilman Griffin, as Chairman of the Finance Committee, contact the Brazos River Authority and start renegotiations on surface water for the City. Also, to make arrangements for members of the Council to visit the plant operation in the Texas City area. COUNCIL ACTIVITY REPORTS: UTILITY RATE COMMITTEE: Councilman Wasek, Chairman of the Utility Rate Committee, reported that a meeting has been planned with representatives of Southwestern Bell Telephone for Thursday night at 7:00 P. M. in the City Hall. Councilman Wasek asked the City Manager and City Attorney to be present. Councilman Wasek reported that the Pearland-Friendswood Reciprocal Agreement has not been completed as Friendswood has not as yet set the tax rate for 1972. BEAUTIFICATION COMMITTEE: Councilman DeShazer reported that other youth groups in the community had indicated a willingness to help the Beautification Committee. SAFETY COMMITTEE: Councilman Sanders reported that all parties concerned had reconsidered the "No Parking" in the area of the Pearland High School - Galveston Avenue on both sides, from Broadway to Plum, and Plum Street on both sides to entrance to High School Parking lot. The people involved have decided that they do not want the "No Parking" signs. This was the first recommendation of the Safety Committee, however, after petitions were received from the residents along the street$ the Committee recomm6ndddthe drafting of an ordinance making this area "No Parking" on a 24 hour basis. Councilman Sanders requested that this matter be placed on the Agenda of the next regular meeting for final disposition. EXCUSED ABSENCE - Councilman Griffin - Meeting 8/28/72: It was moved by Councilman DeShazer, seconded by Councilman Wasek that the records show Councilman Griffin's absence from the meeting held on August 28, 1972 as excused absence. Motion passed 4 to 0. Councilman Griffin abstained. CITIZENS: Moving of Santa Fe Depot Building - Pearland Garden Club - Mrs. Mary Darney: The Garden Club presented its plan for the removal of the Depot Building and presented the City with a token payment of $1.00 for lease of the building. A discussion was held with the Council and it was pointed out to the Club that the City under the Home Rule Charter could not grant a lease for the period of 99 years as requested by the Club. The City Attorney advised that most leases with Cities were for a period of ten to fifteen 107 years with an option to renew. The City Attorney stated that the Agreement would need to be very strongly worded for protection on both sides. It was moved by Councilman Sanders, seconded by Councilman Frank that the City accept the Pearland Garden Club's offer of $1.00 to lease the previously agreed on site for the old Santa Fe Depot. Terms and conditions of the lease to be worked out by the City Manager and City Attorney with officers of the Pearland Garden Club and presented r` to the Council for approval. Motion passed 5 to 0. i A discussion was held regarding the proposed agreement by the Railroad for removal of the building and cleaning of the premises. Mayor McComb requested that the Safety Committee work with the City Attorney and the Railroad to get this building moved as soon as possible. WAYNE E. MARCY, SR. - BRAZORIA CABLEVISION, INC. Mr. Marcy spoke to the Council regarding a franchise to operate cable TV in the City of Pearland. The matter of cable TV in the City of Pearland was referred to the Utility Rate Committee for further study and to report back to the Council at a later date. UNFINISHED BUSINESS: !-" BID OPENING - BID NO. B72-7 - This item postponed to a later time in the meeting. Mayor McComb asked for any objections to changing the order of the Agenda so that the report from Walsh Engineering, Inc. could be presented at this time. Hearing none, the order of business was changed. REPORT FROM WALSH ENGINEERING, INC. ON MODIFICATIONS TO SEWAGE TREATMENT PLANTS: Mr. Malcom Collins presented the City Council with a Preliminary Engineering Report on the proposed tertiary treatment at the City's waste water plants. It was moved by Councilman Sanders, seconded by Councilman DeShazer that the Preliminary Engineering Report for modifications to our Waste Water Treatment Plants be accepted into the City's records. Motion passed 5 to 0. City Engineer to advise Texas Water Quality Board of the Council's action. BID OPENING - B72- 7 - 5,000 BARREL BOLTED STEEL WATER TANK: Bids on 5,000 barrel bolted steel water tank opened as follows: r VENDOR PRICE BID BOND TERMS WARRANTY DELIVERY Smith Industries, Inc. $14,869.00 Travelers Net on 5% GAB completion lyr 1-2 weeks Rheem Superior BS&B Process Systems National Tank Company 13,508.00 $675.40 Cash Bond No Bid No Bid AOs stated n inquiry 2-3 weeks 108 Meeting recessed at 8:50 P. M. - Reconvened at 9:05 P. M. City Manager Wolff recommended that the bid be awarded to the Rheem Superior as the best and lowest bid. It was moved by Councilman Wasek, seconded by Councilman Frank that the bid be awarded to the Rheem :Superior in the amount of $13,508.00 for one 5,000 barrel steel bolted water tank, as the lowest and best bid. Also, that the Mdyor,be.authorized to - execute necessary documents pertaining to the purchase of this tank. Motion passed 5 to 0. SECOND AND FINAL READING - ORDINANCE NO. 236 - AN ORDINANCE LEVYING TAXES FOR TAX YEAR 1972: Ordinance No. 236 read in full by Councilman Griffin. It was moved by Councilman DeShazer, seconded by Councilman Frank that Ordinance No. 236 be passed and approved on second and final reading. Said 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. $0.744 to General Fund 0.556 to Interest and Sinking Fund Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman Sanders, Councilman Wasek, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. SECOND AND FINAL READING - ORDINANCE NO. 237 - AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1972: Ordinance No. 237 read in full by Mayor McComb. It was moved by Councilman Sanders, seconded by Councilman Wasek that Ordinance No. 237 be passed and approved on second and final reading. Said 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 Frank, Councilman Wasek, Councilman DeShazer, Councilman Sanders, and Councilman Griffin. Voting "no" - None Motion passed 5 to 0. NEW BUSINESS: FIRST READING - ORDINANCE PROHIBITING RETAIL SALE OF FIREWORKS WITHIN CITY LIMITS: Proposed Ordinance No. 238 read in full by Councilman Griffin. It was moved by Councilman Frank, seconded by Councilman Griffin that Ordinance No. 238 be passed and approved on first reading. Said Ordinance No. 238 reads in caption as follows: ORDINANCE NO. 238 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGULATING AND GOVERNING THE SALE, POSSESSION, DISCHARGING, STORING, AND KEEPING OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS; DEFINING TERMS, PROVIDING A GENERAL PROHIBITION AGAINST THE SALE, POSSESSION, DISCHARGING, ETC; PROVIDING FOR CERTAIN EXEMPTIONS; DECLARING ILLEGAL FIREWORKS AS A PUBLIC NUISANCE; PROVIDING FOR PUBLIC DISPLAYS; PROVIDING:A PENALTY FOR THE VIOLATION OF ANY OF THE TERMS OF SAID ORDINANCE; PROVIDING FOR THE RE -PEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "aye" - Councilman Frank, Councilman Wasek, Councilman DeShazer, and Councilman Griffin. Voting "no" — Councilman Sanders Motion passed 4 to 1. Councilman Sanders requested the records to show that his objection to this Ordinance was due to Section V - Part 2. AUTHORIZATION TO ADVERTISE FOR BIDS ON THREE AUTOMOBILES FOR POLICE DEPARTMENT: City Manager Wolff requested permission from the City Council to authorize the bidding for three police cars. Mr. Wolff ask that an alternate bid be authorized for trade-in of one vehicle. He Advised the Council that the Fire Department has indicated some interest in obtaining one of the old police cars. This would be purchased from the City for the i price offered by the Dealer. It was moved by Councilman Griffin, seconded by Councilman DeShazer that the City Manager be authorized to advertise for three police cars with alternate bid of one trade-in. Motion passed 5 to 0. DISCUSSION OF OFFICIAL NEWSPAPER FOR CITY: A discussion was held by the Council regarding designation of the official newspaper for the City. The current contract with the Sun Progress expires October 1, 1972. Il® it was moved by Councilman Frank, seconded by Councilman Wasek that the contract with the Sun Progress be extended for a period of one year from October 1, 1972, at the rates previously set. Motion failed 2 to 2. one abstained. Voting for: Councilman Frank and Councilman Wasek Voting against: Councilman DeShazer and Councilman Griffin Abstaining: Councilman Sanders It was moved by Councilman Griffin, seconded by Councilman Sanders that we obtain the necessary data from the various newspapers in our trade area and this item be placed on the next agenda for final action. Motion passed 3 to 2. Councilman Frank and Councilman Wasek opposed. OTHER BUSINESS: None < ADJOURN: It was moved by Councilman Sanders, seconded by Councilman Griffin that the meeting adjourn. Motion passed 5 to 0. Meeting adjourned at 9:55 P. M. Minutes approved as submitted and/or corrected this the day of A. D. 1972. Mayor, City of Pearland Attest: City Secretary