1972-09-12 CITY COUNCIL PUBLIC HEARING MEETING MINUTESMINUTES OF A PUBLIC HEARING & SPECIAL MEETING OF THE PEARLAND CITY COUNCIL HELD ON
SEPTEMBER 12, 1972, AT 7:30'P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS.
The Hearing was called to order'by Mayor McComb with the following present:
Mayor
Carlton McComb
Councilman
Cecil W. Griffin
Councilman
E. A. Wasek
Councilman
Gene E. Sanders
Councilman
James 0. DeShazer
Councilman
Benny J. Frank
City Manager
William E. Wolff
City Attorney
Bobby J. Williams
City Engineer
Malcom Collins - Walsh Engineering, Inc.
City Secretary
Dorothy L. Cook
PURPOSE OF THE MEETING:
Public Hearing on assessments proposed against all privately owned property abutting
the following street and portions thereof within the City Limits of Pearland, Texas,
to -wit: Robinson Drive from the West right-of-way line of Union Valley, 1124.64 feet
Westerly and North Westerly along the center line of Robinson Drive to a point.
MAYOR'S COMMENTS:
Mayor McComb advised the audience that the Public Hearing was being held pursuant to
r-- the authority and statutory requirements of Article 1105b of the Revised Civil Statutes
of the State of Texas. He advised that all persons owning any such abutting property,
or any interest therein, as described in the Purpose of the Meeting, shall have the
right at this hearing to be heard and to offer evidence as to all matters concerning
(1) the statutory authority of this meeting; (2) the validity of any assessment
authorized by Article 1105b V. A. C. S.; (3) contest of the amounts of the proposed
and the lien and liability thereof; (4) the special benefits to the abutting property
and owners thereof by means of the improvements of which assessments are to be levied;
(5) and the accuracy, sufficiency, regularity and validity of the proceedings and
contracts in connection with such improvements and proposed assessments; (6) and as
to all matters in accordance with Ordinance No. 228 and the notice issued therefrom.
NOTICE AND HEARING:
The City Secretary advised -'that Notice of Hearing was first published in the official
newspaper on August 21, 1972, and subsequently published on August 28, 1972 and September
4, 1972. Written notices were mailed to each property owner on August 16, 1972. The
notices were sent by Registered Mail - Return Receipt Requested and acknowledgements
have been received that notices were received. The City Secretary also advised that
no railways were affected by this proposed street assessment.
CITY ENGINEER'S TESTIMONY:
Malcom Collins testified that he had prepared the plans and specifications for.the
project, and that the base material substituted in the specifications was equal to or
superior to that specified. Also, that he had prepared project estimate and Engineer's
Property Owner's Roll and that the project was complete and he recommended that the street
be accepted by the City. He expressed that the abutting property owner's part wavy
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less than 900 of the total project cost.
Cross -Examination by Property Owners: Mr. Joe Price asked the City Engineer if he
would give an estimate of the life expectancy of the street. The Engineer
advised that he could not give any definite life expectancy of the street as he felt
the maintainance of this type street would govern the life expectancy. Mr. Price
asked if the street could be compared to concrete. Mr. Collins stated that he
felt the street was about half as good as a concrete street, however, it was pointed
out that the cost of a concrete street would be far greater than the type installed
on Robinson Drive.
C. EARL MAXWELL - REALTOR:
Mr. Maxwell testified that he was a licensed real estate appraiser and that he belongs
to the Gulf Coast Board of Realtors, Texas Association of Realtors, National Association
of Real Estate Boards and National Institute of Real Estate Brokers. Mr. Maxwell
testified that he was familiar with values of property in the Pearland area. Mr.
Maxwell testified that the value of the property along the part of Robinson Drive
was enhanced more than the $2.00 per front foot cost to the property owner.
Cross -Examination by Property Owners: Mr. Joe Price asked Mr. Maxwell if he felt
that property on a corner lot would be enhanced as great as a piece of -property not
on a corner lot. In other words, if Mr. Price wanted to sell his property, and
both the front and side had been improved, would he be able to sell the property
for a greater value. Mr. Maxwell advised Mr. Price that he felt that the money
he paid for the improvements of the streets would be returned in dollar value on sale ..,.
of the property.
RECESS:
Recess was called at 7:55 P. M. - Reconvened at 8:05 P. M.
Mayor McComb requested that any citizen present owning property along Robinson Drive
where the street improvements have been made to speak if they so desired.
Mr. Melvin Black - 3511 Robinson Drive - Mr. Black stated that he spoke for Mr. Cargill,
Mr. Helfrick, Mr. Northam and himself and all were pleased with the work on the street.
Mr. Joe Price - 3522 Robinson Drive - Mr. Price stated that he felt you would not
be able to tell how much the improvement of the street had enchanced the property value
until a person could see how the street held -up.
Mr. Ed Crenshaw - Mr. Crenshaw asked if the idea of drainage had been discussed.
Mr. Crenshaw was advised to discuss this matter with the City Manager after the
Hearing.
Testimony closed at this time.
ORDINANCE CLOSING THE HEARING:
Proposed Ordinance closing the Hearing was read in full by Mayor McComb. Corrections
noted and changes made.
It was moved by Councilman Griffin, seconded by Councilman DeShazer that Ordinance
No. 239, an Ordinance closing the Hearing, be passed and approved on first reading.
Said Ordinance No. 239 reads in caption as follows:
ORDINANCE NO. 239
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE
HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF
CERTAIN REAL PROPERTY ABUTTUTING CERTAIN PORTIONS OF
ROBINSON DRIVE WITHIN THE CITY OF PEARLAND, TEXAS
I
FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH
PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENT OF
VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON
OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS
OF SAID PUBLIC STREETS; DECLARING THE AMOUNT OF
ASSESSMENT AGAINST SAID ABUTTING PROPERTIES AND
LEVYING SAME AGAINST SAID PROPERTIES, AND DECLARING
AN EFFECTIVE DATE.
Voting "aye" - Councilman Frank, Councilman Wasek, Councilman DeShazer, Councilman
Sanders, and Councilman Griffin.
Voting "no" - None Motion passed 5 to 0.
ORDINANCE ACCEPTING STREET IMPROVEMENTS ON-ROBINSON DRIVE:
Proposed Ordinance accepting street improvements on Robinson Drive read in full by
Mayor McComb. Corrections noted and changes made.
It was moved by Councilman Griffin, seconded by Councilman Sanders" that Ordinance
No. 240, an Ordinance accepting street improvements on Robinson Drive, be passed and
approved on first reading. Said Ordinance No. 240 reads in caption as follows:
ORDINANCE NO. 240
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS
ACCEPTING STREET IMPROVEMENTS ON ROBINSON DRIVE
Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman Wasek, Councilman
Sanders, and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
ADJOURN:
It was moved by Councilman DeShazer, seconded by Councilman Frank that the meeting and
hearing adjourn. Motion passed 5 to 0.
Minutes approved as submitted and/or corrected this �L� day of
A. D. 1972.
Attest:
L
Mayor
City Secretary