1972-12-04 CITY COUNCIL REGULAR MEETING MINUTES140
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MINUTES OF A REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON
DECEMBER 4, 1972 AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE,
PEARLAND, TEXAS.
The me eting was called to order by Mayor McComb with the following present:
Mayor
Carlton
McComb
Councilman
E. A. Wasek
Councilman
Gene E.
Sanders
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 & PLEDGE OF ALLEGIANCE:
The invocation was given by Dr. Forrest Hawkins. The Pledge of Allegiance was
led by Danny Stevenson, President of the Pearland High School Choir.
APPROVAL OF MINUTES:
It was moved by Councilman Sanders, seconded by Councilman Wasek that the minutes
of the regular meeting held on November 20, 1972 be approved as submitted.
Motion passed 3 to 0.
APPROVAL OF EXPENSES:
Check list for month of December to be submitted at regular meeting on December
18, 1972.
MAYOR'S ACTIVITY REPORT:
1. Resolution of Thanks - Dr. Forrest Hawkins.
Mayor McComb introduced a Resolution of Thanks for Dr. Forrest Hawkins,
who will be leaving Pearland in a few weeks. Dr. Hawkins served as Chaplain for
the City Council for some two years.
It was moved by Councilman Wasek, seconded by Councilman Frank that Resolution No.
72-21 - A Resolution of Thanks to!=Dr. Forrest Hawkins - be passed and approved on
first and final reading.
Voting "aye" - Councilman Sanders, Councilman Wasek, and Councilman Frank.
Voting "no" None
Motion passed 3 to 0.
2. Proclamation - Pearland High School Choir Vienna Festival Week in Pearland
Mayor McComb read a Proclamation making the week of December 9-16, 1972
as Pearland High School Choir Vienna Festival Week in Pearland. The President of
the Choir, Danny Stevenson, accepted the Proclamation.
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It was moved by Councilman Sanders, seconded by Councilman Frank that the Council
go on record as wholeheartedly supporting this Proclamation. Motion passed 3 to 0.
COUNCIL ACTIVITY REPORTS: - None
DEPARTMENTAL REPORTS:- None
CITIZENS - None
UNFINISHED BUSINESS:
PRESENTATION OF AUDIT REPORT 1971-72 - EARL LAIRSON & COMPANY - CERTIFIED PUBLIC
ACCOUNTANTS:
Mr. Earl Lairson presented the City Council copies of the Audit of the City of
Pearland for the fiscal year beginning October 1, 1971 and ending September 30, 1972.
It was moved by Councilman Frank, seconded by Councilman Wasek that the City accept
into the records the Audited Financial Statements and Other Financial Information
presented by Earl Lairson & Company for the fiscal year 1971-72. Motion passed
3 to 0.
RECOMMENDATION OF CITY MANAGER ON AWARDING OF BIDS - B72-9 and B72-10:
City Manager Wolff advised the Council that he had reviewed the bids and recommended
that Port City Ford Sales, Inc. receive the bid on the truck cab and chassis, and
that Garwood receive the bid on the dump body for the t ruck.
It was moved by Councilman Wasek, seconded by Councilman Frank that B72-9, be awarded
to Port City Ford Sales, Inc. for a 1973 Ford as per bid specifications for the low
bid of $3830.00,and that Garwood be awarded the bid for the dump body as per bid
specifications for the low bid of $1133.00. The 1�udgpt=-be'.ainehded.to cover the
$463.00 cost of this equipment over the amount originally budgeted. Motion passed
3 to 0.
SECOND AND (FINAL) READING - ORDINANCE NO. 242 - AGREEMENT WITH SOUTHWESTERN BELL
TELEPHONE COMPANY.
Ordinance No. 242 read in full by Councilman Sanders.
It was moved by Councilman Frank, seconded by Councilman Wasek that Ordinance No. 242
be passed and approved on second and final 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.
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Voting "aye" - Councilman Frank, Councilman Wasek and Councilman Sanders.
Voting "no" - None
Motion passed 3 to 0.
NEW BUSINESS:
RESIGNATION OF JAMES 0. DE SHA.ZER - COUNCIL POSITION NO. 4:
Mayor McComb read a letter of resignation from James 0. DeShazer dated November
29, 1972.
It was moved by Councilman Frank, seconded by Councilman Sanders that the City
Council accept the resignation of James 0. DeShazer from the City Council and declare
a vacancy of Position 4 on the City Council effective November 29, 1972. Motion
passed 3 to 0.
The Mayor and members of the Council expressed appreciation to Mr. DeShazer for his
service on the City Council. A Resolution was read by Mayor
McComb recognizing Mr. DeShazer's service on the City Council.
It was moved by Councilman Wasek, seconded by Councilman Sanders that Resolution No.
72-23, a resolution expressing appreciation for James O. DeShazer's service to
the City be passed and approved on first and final reading.
Voting "aye" - Councilman Sanders, Councilman Wasek, and Councilman Frank.
Voting "no" - None
Motion passed 3 to 0.
ELECTION OF MAYOR PRO TEMPORE;
It was moved by Councilman Frank, seconded by Councilman Wasek that Councilman
Cecil W. Griffin be named as Mayor Pro Tem. Motion passed 3 to 0.
RESOLUTION NO. 72-22 - CALLING SPECIAL ELECTION TO FILL VACANCY OF COUNCIL POSITION
4:
Proposed Resolution No. 72-22 read in full by Councilman Sanders, and moved -that it
Abe adopted. Seconded by Councilman Frank. Said Resolution No. 72-22 (PREAMBLE)
reads as follows:
RESOLUTION NO. 72-22
WHEREAS, James O. DeShazer, Councilman Position No. 4, has heretofore
submitted his formal resignation from the City Council of the City
of Pearland, Texas, effective November 29, 1972; and
WHEREAS, the City Council of the City of Pearland has accepted said
resignation and thereafter has declared an official vacancy in the office
of Councilman Position Number 4; and
WHEREAS, the City Charter of the City of Pearland and Article 4.09
of the Election Code of the State of Texas provides that a special
election shall be ordered by the City Council to fill the unexpired
term of a vacated elected Civil office, and
WHEREAS, the City Council of the City of PEARLAND, wishes to proceed
with the ordering of the special election for the purpose of filling
the heretofore described vacancy; and
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WHEREAS, the City Charter of the City of Pearland and the
laws of the State of Texas provide that the Election Code of
the State of Texas is applicable to said special election, and
in order to comply with said charter and code, an order should
be passed establishing the procedure to be followed in said
election, and designatinq,j;- s; voting place for :$4 .d, election.
THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF. THE CITY OF PEARLAND, TEXAS:
That a special election shall beheld in the City of Pearland, Texas on the
20 day of January, 1973, for the purpose of electing the following officials for said
City:
CITY COUNCILMAN - POSITION NUMBER 4
That said election shall be held at the following place in said City:
Drama Room, Pearland High School
2337 North Galveston Avenue
Pearland, Texas
(Balance of Resolution No. 72-22 on file in RESOLUTION FILE.
c�' is :,.. ,• ! t .. .. .... _.�.... .s �.. ., ,. �,
Voting "aye" - Councilman Frank, Councilman Wasek and Councilman Sanders.
Voting "no" — None._.. _.... __ .
Motion passed 3 to 0.
Mayor McComb read the following Order:
ORDER FOR CITY OFFICER$" ELECTION
THE STATE OF TEXAS
CITY OF PEARLAND
I. Carlton McComb, in my capacity as Mayor of the City of Pearland, Texas, do
hereby order that an election be held in the said City on the 20 day of January, 1973,
for the purpose of electing the following officials for said City:
ONE (1) CITY COUNCILMAN POSITION NUMBER 4
That in accordance with an order adopted•by the City Council of said City, said
election shall be held at the following place in said City, and the following named
persons are hereby appointed officers for said election, to -wit:
In Brazoria County Election Precincts Nos. 11, 12, 16, 26, 28 and 29 at:
Drama Room, Pearland High School
2337 North Galveston Avenue
Pearland, Texas
In Harris County Election Precinct No. 76 at:
Drama Room, Pearland High School
2337 North',Galveston Avenue
Pearland, Texas
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with Mrs. Josie Heflin as Presiding Judge, and Mrs. Mary Lee Miller as Alternate Presiding
Judge, and said Presiding Judge shall appoint the necessary Clerks to assist him which
shall not exceed five (5) Clerks.
The polls at the above designated polling place shall on said election day be open
from 7:00 o'clock A. M. to 7:00 o'clock P. M.
Dorothy L. Cook is hereby appointed Clerk for absentee voting and Dorothy Thompson,
and Mabel Salyer are hereby appointed Deputy Clerks for absentee voting. The absentee
voting for the above designated election shall be held at City Hall, 2335 North Texas
Avenue, Pearland, Texas within said City and said place of absentee voting shall
remain open for at least eight hours on each day for absentee voting which is not
a Saturday, a Sunday, or an official State holiday, beginning on the 20th day and
continuing through the 4th day preceding the date of said election. Said place of
voting shall remain open between the hours of 8:00 o'clock A. M. and 5:00 o'clock P. M.
on each day for said absentee voting. The above described place for absentee voting is also
the absentee clerk's mailing address to which ballot applications and ballots voted by
mail may be sent.
That said election shall be held in accordance with the Election Code of this
State and only resident qualified voters of said city shall be elegible to vote at
said election.
Notice of said election will be given in accordance with the terms and provisions
of Article 4.05 of the Election Code and Article 29e and the City Secretary is hereby
instructed to have said notice posted and published in accordance with said Articles
4.05 and 29e.
That immediately after said election is held, the officers holding the same shall
make returns of the result thereof to the Mayor of this city as required by the Election
Code of this State.
A copy of this order shall also serve as a write of election which shall be
delivered to the above appointed Presiding Judge for said election.
s/ Carlton McComb
Mayor
Attest:
S1 Dorothy L. Cook
City Secretary
FIRST READING - ORDINANCE GRANTING CERTAIN TAX EXEMPTION - PERSONS OVER 65 YEARS OF
AGE - AD VALOREM TAXES:
Proposed Ordinance No. 243 read in full by Councilman Frank.
It was moved by Councilman Sanders, seconded by Councilman Frank that Ordinance No.. 243
be passed and approved on first reading. Said Ordinance No. 243 reads in caption as
follows:
ORDINANCE NO. 243
AN ORDINANCE OF THE CITY OF PEARLAND PROVIDING
THAT NOT LESS THAN THREE THOUSAND DOLLARS OF THE
ASSESSED VALUE OF RESIDENCE HOMESTEADS OF ALL
PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER BE EX-
EMPTED FROM AD VALOREM TAXES UNDER CERTAIN CONDITIONS:
AND PROVIDING THE EFFECTIVE DATE HEREOF.
Voting "aye" - Councilman Frank, Councilman Wasek, and Councilman Sanders.
Voting "no" - None
MOTION PASSED 3 to 0.
14.5
FIRST READING - ORDINANCE AUTHORIZING ISSUANCE OF $35,000 CERTIFICATES OF OBLIGATION.
This item to be considered at a later meeting.
OPENING OF BIDS: - B7211 & B72-12:
A discussion was held regarding a late bid of Jack Sollock Chrysler -Plymouth. It was
moved by Councilman Sanders, seconded by Councilman Frank that the bid of Jack Sollock
Chrysler -Plymouth be returned to bidder unopened on the advice of the City Attorney
as this bid arrived after the closing time advertised. Motion passed 3 to 0.
The fallowing bids opened:
BID NO. B72-11 - PICK UP TRUCK: (Trade-in 1961 Ford)
VENDOR
YEAR
MAKE & MODEL
PRICE DEL DATE
TERMS
J. Marks Chevrolet
1973
Chevrolet 1/2 T
$2,600.00
net
Bud Brown Ford No Bid
Christianson-Keithley 1973 G. M. C. 1/2 T
2,524.85 net
BID NO. B72-12 - ONE TON TRUCK AND CHASSIS:
J. Marks Chevrolet 1973 Chevrolet 1 T 2,885.00
r --
Bud Brown Ford No Bid
Christianson-Keithley 1973 G. M. C. 1 T 2,825.97
It was moved by Councilman Frank, seconded by Councilman Sanders that the bids be
referred to the City Manager for review and recommendation. Motion passed 3 to 0.
APPOINTMENT OF TAX ASSESSOR -COLLECTOR EFFECTIVE JANUARY 1,1973:
This item to be placed on next regular agenda.
net
net
ADJOURN:
The business of the Council being concluded, the Mayor adjourned the meeting at 9;20 P, M,
Minutes approved as submitted and/or corrected this - day
v
A. D. 1972.
Attest
City Secretary
Mayor