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1972-11-20 CITY COUNCIL REGULAR MEETING MINUTES135 MINUTES OF A REGULAR MEETING; OF THE PEARLAND CITY COUNCIL-HELDON NOVEMBER 20.;'19,72_, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE,'PEARLANDi'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 & 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 The invocation was given by The Reverend Kenneth Kesselus of St. Andrews Episcopal Church, Pearland. The Pledge of Allegiance was led by Councilman DeShazer. APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Frank that the minutes of the regular meeting held on November 6, 1972 be approved as submitted. Motion passed 5to0. 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. 6844 through 6848 6850 through 6895 Water & Sewer Payroll 6849 6896 through 6906 General Fund Expenditures 4946 through 5021 Water & Sewer Expenditures 5864 through 5898 Interest & Sinking Fund 89 through 90 Motion passed 4 to 0. Councilman Sanders abstained. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS:_ FINANCIAL COMMITTEE: 1. RECOMMENDATION ON PURCHASE OF LIBRARY BUILDING AND LAND - LOTS 35 - 39, OLD TOWNSITE: Councilman Griffin reported that the Committee met and now makes the following recommenda to the City Council: The City acquire the present Library Building and land pursuant to the terms 136 of the City's lease agreement. The payment to be by use of $10,000.00 from our anticipated Revenue Sharing payment and $35,000.00 from issuance of Certificates of Obligation pursuant to Senate Bill 607 which was passed last year, Article 2368a. DEPARTMENTAL REPORTS: None CITIZENS: Mr. Earl Calhoun, representing the First Baptist Church. Mr. Calhoun stated that he had been commissioned by the Church to go on record as opposing the granting of a beer license to the Central Texas Barbecue since it is located within 300 feet of the Church. Mayor McComb advised that he had been handed an affidavit signed by L. E. Hammonds, dba Central Texas Barbecue Company regarding this matter. It was moved by Councilman Sanders, seconded by Councilman DeShazer that Mr. Hammond's affidavit be read into the records. Motion passed 5 to 0. Mayor McComb read the following: "AFFIDAVIT THE STATE OF TEXAS COUNTY OF BRAZORIA BEFORE ME, the undersigned authority, on this day personally appeared L. E. Hammonds, known to me to be a credible person whose name is subscribed hereto, and who after being by me duly sworn, upon his oath, did depose and say: That my name is L. E. Hammonds. That I made gpplication for a Beer Retailer's On -Premises License for the location 4110 West Broadway, Pearland, Brazoria County, Texas. That the business name of my business was to have been Central Texas Barbecue Company. That my mailing address for same was shown the same as for the location 4110 West Broadway, Pearland, Texas 77581. That it is now my wish and desire to withdraw my application for the above mentioned location 4110 West Broadway, Pearland, Brazoria County, Texas. FURTHER AFFIANT SAYETH NOT. s/ L. E. Hammonds L. E. Hammonds, Affiant SWORN TO AND SUBSCRIBED BEFORE ME, by the said L. E. Hammonds, this the 20th day of November, A. D. 1972. s/ Cora Mae Meyer Cora Mae Meyer Notary Public in and for Brazoria County, Texas " DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: CONSIDERATION OF THE RECOMMENDATION OF FINANCIAL COMMITTEE ON PURCHASE OF LOTS 35-39, BLOCK 23, OLD TOWNSITE AND BUILDING: It was moved by Councilman Griffin, seconded by Councilman Frank that an ordinance be prepared for Council action authorizing the aquisition of the Library Building and 1,17 Lots 35 through 39, Block 23 of the Old Townsite and that payment of such be pursuant to sale of Certificates of Obligation under Article 2368a in the amount of $35,000.00 and the remaining $10,000.00 from funds received from Federal Revenue Sharing program. repaid Certificates of Obligation to be overa five year period. Motion passed 5 to 0. This item to be placed on the agenda of the next regular meeting. FINAL APPROVAL OF SECTION IV OF CORRIGAN SUBDIVISION: The matter of final approval of Corrigan IV was brought before the City Council for consideration. All items on the check list for final approval had been complied with. It was moved by Councilman Sanders, seconded by Councilman Griffin that on inform"n --) from City employees and advisors that all items are in accordance with the Subdivision Ordinance, that the Council give final approval to Corrigan Section IV and building permits released. Motion passed 5 to 0. SOUTHWESTERN BELL TELEPHONE COMPANY AGREEMENT: City Attorney Williams advised the Council that the Agreement was in accordance with State Statutes and he recommended its approval. The proposed Ordinance outlining the Agreement was read in full by Councilman Griffin. It was moved by Councilman Wasek, seconded by Councilman DeShazer that Ordinance No. -- 242 be :passed and approved on first reading. Said Ordinance No. 242 reads in caption as follows: ORDINANCE NO. 242 AN ORDINANCE WHEREBY THE CITY OF PEARLAND, TEXAS AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED. 1 Voting"Aye" - Councilman Griffin, Councilman Sanders, Councilman DeShazer, Councilman Wasek and Councilman Frank. Voting"no" - none Motion passed 5 to 0. r F SECOND AND (FINAL) READING - ORDINANCE APPROVING SURVEY OF TERRITORIAL BOUNDARIES AND APPROVING CORRECTIONS TO THE OFFICIAL MAP OF THE CITY. ORDINANCE NO. 241: Ordinance No. 241 read in full by Councilman Sanders. It was moved by Councilman Frank, seconded by Councilman Wasek that ORDINANCE No. 241 be passed and approved on second and final reading. Said Ordinance No. 241 reads in caption as follows: ORDINANCE NO. 241 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS, ADOPTING AND APPROVING AN AMENDED SURVEY OF THE TERRITORIAL BOUNDARIES OF THE CITY, AND FURTHER ADOPTING AND APPROVING AN OFFICIAL AMENDED MAP PREPARED IN ACCORDANCE WITH THE FIELD NOTES OF SAID AMENDED SURVEY. Voting "aye" - Councilman Frank, Councilman Wasek, Councilman DeShazer, Councilman Sanders, and Councilman Griffin. Voting "no" - None Motion passed 5 to 0. NEW BUSINESS: BID OPENING - BID NO. B729 and B7210: Bids were opened as follows: B72-9 - TRUCK CAB AND CHASSIS: VENDOR YEAR MAKE AND MODEL PRICE DEL DATE TERMS PORT CITY FORD 1973 Ford 600 $3,830.00 45 days J. Marks Chev. 1973 Chevrolet 3,969.94 Alvin Equip Co. 1973 International 4,049.00 International Harvester Co. 1973 International *4,997.66 Christianson- Keithley 1973 G. M. C. 4,183.40 60 days Bud Brown Ford, Ltd. 1973 Ford 3,988.53 * includes dump body under B72-10 B72-10 - DUMP BODY: Christianson Keithley 5-6 cu yd dump body 1,425.00 60 days Jay Marks Chev. 5-6 cu yd Childs Tr and Eqpt. Co. 1,075.00 Garwood 5 yd sides and 6 yard ends 1,133.00 Fontaine Truck & Equipment Company Model U400 Dump Body 1,343.18 60 days Hobbs 5-6 yd dump body 1,350.00 It was moved by Councilman DeShazer, seconded by Councilman Griffin that the bids be referred to the City Manager for tabulation and that he make a recommendation to the City Council at the next regular meeting. Motion passed 5 to 0. net net net net RESOLUTION NO. 72-20 - A RESOLUTION RESCINDING RESOLUTION NO. 72-19 AND APPROVING AND AUTHORIZING FUNDS FOR PARTICIPATION IN THE HOUSTON-GALVESTON AREA COUNCIL'S LAW ENFORCEMENT RADIO COMMUNICATION PROGRAM. Resolution No. 72-420 read in full by Mayor McComb. t— It was moved by Councilman DeShazer, seconded by Councilman Sanders that Resolution No. 72-20 be passed and approved on first and final reading. Resolution No. 72-20 tes.. i Cnding•• Resolution No. 72-19 and provides that the City will participate by matching funds of approximately $3,800.00. Resolution No. 72-20 reads in caption as follows: RESOLUTION NO. 72-20 A RESOLUTION AUTHORIZING FUNDS FOR PARTICIPATION IN THE HOUSTON-GALVESTON AREA COUNCIL'S LAW ENFORCEMENT RADIO COMMUNICATIONS PROGRAM; RES- CINDING RESOLUTION NO. 72-19 PREVIOUSLY PASSED AND APPROVED ON NOVEMBER 6, 1972; AND PROVIDING THAT THIS7RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman Wasek, Councilman Sanders, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. OTHER BUSINESS: None ADJOURN: Mayor McComb adjourned the meeting at 8:25 P. M. Minutes_�approved as submitted and/or corrected this day of� A. D. 1972. r N_�M4.�/ Mayor, City of Pearland, Texas Attest: City Secretary