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1972-09-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A.'~EGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON SEPTEMBER 25, 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 Carlton McComb Cecil W. Griffin E. A. Wasek Gene E. Sanders James O. DeShazer B. J. Frank William E. Wolff Bobby J. Williams Dorothy Li Cook INVOCATION & PLEDGE OF ALLEGIANCE: The invocation was given by Dr. Forrest Hawkins. by Mr. Bob Goldberg. The Pledge of Allegiance was led APPROVAL OF MINUTES: It was moved by Councilman DeShazer, seconded by Councilman Sanders that the minutes of the regular meeting held on September 11, 1972 be ~pproved as submitted. Motion passed 5 to 0. It was moved by Councilman Sanders, seconded by Councilman Frank that the minutes of the special meetings(Public Hearing) held on' September 12, 1972 be approved as submitted. Motion passed 5 toO. APPROVAL OF EXPENSES: It was moved by Councilman Wasek, seconded by Councilman DeShazer that the following checks be approved for payment: General Fund Payroll Water & Sewer Payroll General Fund Expenditures Water & Sewer Expenditures Interest & Sinking Fund Nos. 6597 through 6644 6645 through 6654 4732 through 4784 5771 through 5800 (5788 void) 87 through 88 Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Proclamation 1. Mayor McComb proclaimed the week of October 1st, 1972 through October 7th, 1972 as National 4-H Club Week in Pearland. COUNCIL ACTIVITY REPORTS: 115 Financial Committee: Councilman Griffin reported that arrangements have been made for the Council to visit the water treatment plant operated by the Brazos River Authority near the Monsento Plant. Safety Committee: Councilman Sanders reported that no answer has been received from the A. T. & S. F. Railway Company regarding the clean-up requirements after removal of depot building. Point of Personal Privilege - Gene..E. Sanders: Councilman Sanders stated that due to occupational time demands he was not privileged to witness last Friday night's Pearland Oiler victory over the Alvin Yellowjackets, he felt that the typically American determination and never quit spirit that these young men must have exhibited in overcoming a 26-7 deficit to win 39-38 in the closing minutes of the game should be noted. Therefore, Councilman Sanders stated that he wished to make the following motion: It was moved by CounCilman Sanders, seconded by Councilman Frank that this Council commend the Pearland Oilers football squad for their courageous come from behind victory over the' Alvin Yellowjackets on Friday', September 22nd and that the Mayor make known this commendation to the squad by letter to Head Coach Leon Sablatura. Motion passed 5 to 0. Beautification Committee: Councilman DeShazer reported that the Methodist YOuth worked for one of the business places here in town and received some good'publicity for the clean-up campaign of the Beautification Committee. Rate Committee: Councilman Wasek reported that an official meeting with the Southwestern Bell Telephone Company has been planned for this week or the early part of next week. DEPARTMENTAL REPORTS: CITIZENS: None None UNFINISHED BUSiNESS~' Ordinance No. 238 read in full by Councilman Griffin. The City Council by motion of Councilman BeShazer, seconded by Councilman Sanders and unanimously passed by ~he Council, heard Mr. E. J. Cole, operator of a retail and and warehouse wholesale fireworks store/within the City Limits. Mr. Cole asked for clarification of a part of the Ordinance referring to as jobber or wholesaler. It was moved by Councilman Frank"'seconded by Councilman Griffin that Ordinance No. 238 be passed and approved on second and final reading. Caption of said Ordinance No. 238 reads 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 A PENALTY FOR THE VIOLATION OF ANY OF THE TERMS OF SAID ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF 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 that the records show that his objection to Section 5 Paragraph 2 was the reason for voting "no" on passage of the ordinance. SECOND READING - ORDINANCE NO. 239 (FIRST READING OF ORDINANCE IN REGULAR MEETING) AN ORDINANCE CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF ROBINSON DRIVE. Ordinance No. 239 read in full by Councilman Sanders. It was moved by Councilman DeShazer, seconded by Councilman Sanders that Ordinance No. 239 be passed and approved on first reading at a regular meeting of the City Council. 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 PORTIONS OF ROBINSON DRIVE WITHIN THE CITY OF PEARLAND, TEXAS; 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 Griffin, Councilman Sanders, Councilman DeShazer, Councilman Wasek, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. ~ This item to be placed on the agenda of the next regular council meeting for second and final reading at a regular meeting. SECOND READING - ORDINANCE NO. 240 (FIRST READING OF ORDINANCE IN REGULAR MEETING) AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON ROBINSON DRIVE: Ordinance No. 240 read in full by Mayor McComb. It was moved by Councilman Sanders, seconded by Councilman Griffin that Ordinance No~ 240 be passed and approved on first reading at a regular council meeting. 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 Frank, Councilman Wasek, Councilman DeShazer, Councilman Sanders, and Councilman Griffin. Voting "no" ~ None Motion passed 5 to 0. This item to be placed on the agenda of the next regular council meeting for second and final reading at a regular meeting. RECONSIDERATION OF MOTION MADE ON AUGUST 14, 1972, REGARDING "NO PARKING" SIGNS ON GALVESTON AVENUE AND PLUM STREET: It was moved by Councilman Sanders, seconded by Councilman DeShazer to rescind the motion made on AUguSt 14, 1972 to install "No Parking" signs on portions of Galveston Avenue and Plum Street, and to discontinue consideration of the subject due to request of abutting property owners, thereby, returning to the original position of the Safety Committee prior to receipt of Petitions from these same property owners. Motion passed 5 to 0. Chief of Police to be advised of this decision. CONSIDERATION OF AGREEMENT WITH A. T. & S. F. RAILWAY COMPANY FOR REMOVAL OF DEPOT BUILDING: This item removed from the Agenda. OFFICIAL NEWSPAPER FOR THE CITY: Councilman Sanders requested a l0 minute recess for a short consultation with the Attorney. Meeting recessed 8:40 P. M. - Reconvened at 8:50 P. M. Mayor McComb read proposals from Suburban Publications, Inc. and th'e Sun Progress as follows: Suburban. Publications, Inc. - Cost of publication of notices is four cents ($0.04) per word per insertion. Sun-Progress - Cost of publication of notices is five ($0.05) per word. (Publication of Suburban Publications, Inc. one time per week; Publication of Sun Progress 2 times per week.) A discussion was held regarding these proposals. The City Attorney advised that both proposals qualified as "legal newspapers" for municipal governments. Mayor McComb read Resolution No. 72-16 and requested that a motion be made naming the official newspaper for the City. It was moved by Councilman DeShazer, seconded by Councilman Wasek that the Sun Progress be named the official newspaper of the City of Pearland and that the Mayor be authorized to execute a contract with the paper for one year services. Also, that Resolution No. 72-16 be passed and approved on first and final reading. reads in caption as follows: Said resolution No. 72-16 RESOLUTION NO. 72-16 A RESOLUTION OFFICIALLY DESIGNATING THE SUN PROGRESS A PUBLIC NEWSPAPER, AS THE OFFICIAL NEWS ORGAN OF THE CITY OF PEARLAND, TEXAS, AND CONTAINING OTHER PROVISIONS RE't~TING TO THE SUBJECT. Voting "aye" -Councilman Griffin, Councilman Sanders, Councilman DeShazer, Councilman Wasek, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. NEW BUSINESS: AMENDMENT TO THE 1971-72 BUDGET: f4~d City Manager Wolf justment in the 1971-72 Budget be made as follows: INCOME GENERAL FUND BUGET YEAR 1971-72: Estimated Income Budgeted Income EXPENDITURES GENERAL FUND BUDGET YEAR 1971-72: Estimated Expenditures Budgeted Expenditures INCOME WATER & SEWER BUDGET 1971-72: $734,124.00 685,762.00 + 48,362.00 702,889.00 685,762.00 17,127.00 Estimated Income Budgeted Income EXPENDITURES WATER & SEWER BUDGET: Estimated Expenditures Budgeted Expenditures $273,283.00 240,607.00 + 32,676.00 '$210,028.00 240,607.00 + 30,'579.00 It was moved by Councilman Griffin, seconded by Councilman DeShazer that the recommended adjustments to the Budget for 1971-72 be approved. Motion passed 5~'to 0. TIME WARRANTS - RESOLUTION APPROVING $1,000.00 IN TIME WARRANTS FOR STREET IMPROVEMENTS LONGHERRIDGE DRIVE: Resolution No. 72-17 read in full by Councilman DeShazer. It was moved by Councilman Frank, seconded by Councilman Wasek that Resolution No. 72-17 be passed and approved on first and final reading. Said Resolution No. 72-17 119' reads in caption as follows: RESOLUTION NO. 72-17 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 PROPERTY OWNERS ON ANY STREET 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. Voting "aye" - Councilman Frank, Councilman Wasek, Councilman DeShazer, Councilman Sanders, and Councilman Griffin. Voting "no" - None Motion passed 5 to 0. ADJOURN: It was moved by Councilman Frank, seconded by Councilman Wasek that the meeting adjourn. Meeting adjourned at 9:15 P. M. Minutes approved as submitted and/or corrected this A. D. 1972. Attest: City Secretary~ day of , Mayor