1973-04-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR COUNCIL MEETING OF THE CITYCOUNCILOF THE CITY OF PEARLAND, TEXAS,
HELD ON APRIL 9, 1973, 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 Elect
City Manager
City Attorney
City Secretary
Carlton McComb
E. A. Wasek
Gene E. Sanders
Tom Reid
B. J. Frank
Harry Farley
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
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Absent from the meeting: Councilman Cecil W. Griffin
INVOCATION & PLEDGE OF ALLEGIANCE:
The invocation was given by Councilman Reid. The Pledge of Allegiance was led by
by Miss Brenda Farley, daughter of Councilman Elect Harry Farley.
APPROVAL OF MINUTES:
It was moved by Councilman Sanders, seconded by Councilman Wasek that the minutes
of the regular meeting held on March 26, 1973, be approved as submitted. Motion
passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
RESIGNATION OF HARRY E. FARLEY FROM PLANNING COMMISSION:
A letter of resignation from the Planning Commission by Mr. Harry Farley was read by
Mayor McComb. It was moved by Councilman Wasek, seconded by Councilman Frank that
the resignation of Harry E. Farley as a member of the Planning Commission be accepted
by the City Council. Motion passed 4 to 0.
REVENUE SHARING:
Mayor McComb announced that the City had received a check for Federal Revenue Sharing
in the amount'of $17,494.00 for the first quarter of 1973.
COMMITTEE APPOINTMENT:
Mayor McComb announced that new Committee Appointments would be made at the next
regular meeting of the Council.
OPEN MEETING LAW:
Mayor McComb announced that the House and Senate had passed a new Open Meeting Law
and it is now on the Governor's desk for signature. This law will not take effect
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until January, 1974, however, if the Governor signs the bill into law the City will
try to comply with this bill earlier.
COMMITTEE REPORTS:
ADDITION TO POLICE BUILDING:
Councilman Frank reported that the Architect has furnished the preliminary drawings
on the addition to the police building. There are some changes that need to be made
on the preliminary plans. The next set of plans we receive from the Architect will
be the approved plans and at that time we will be ready to bid. -the project.
BEAUTIFICATION COMMITTEE:
Councilman Reid reported that this is,the "kick-off" week for City beautification
project in the Keep Brazoria County Beautiful contest. Mr. Reid reported that
Chief Singleton has made arrangements, with Mr. Bill Gonzales to haul junk cars off at
$5.00 a car. Arrangements for this service may be made by calling Mrs. CAldwell
at the City Hall. Also, arrangements have been made for city equipment to mow
vacant property where permission of the owner has been secured on major thoroughfare
entrances to the City. Planter boxes will be placed in the business district on
Highway 35 and Highway 518 as part of the beautification program.
DEPARTMENTAL REPORTS:
City Manager Wolff submitted the name of Mrs. Dorothy Thompson to serve as Assistant
Treasurer.for,the City.
It was moved by Councilman Wasek, seconded by Councilman Reid that Mrs. Dorothy Thompson
be appointed as Assistant City Treasurer. Motion passed 4 to 0.
CHANGE IN ORDER OF BUSINESS ON AGENDA:
Mayor McComb stated that he would like to change the order of business on the Agenda,
if the Council had not objections. Hearing none, the following items under New
Business were brought before the Council.
NEW BUSINESS:
RESOLUTION NO. 73-10, A RESOLUTION CANVASSING THE VOTES,AND DECLARING .THE RESULTS OF THE
CITY OFFICERS ` ELECTION HELD ON APRIL 7, 1973. (COUNCILMAN POSITION 2 AND COUNCILMAN
POSITION 4:
Mayor McComb opened the packet addressed to him by the Election Officials, and read the
following:
ELECTION RETURNS
STATEMENT OF CANVASS AND ELECTION RETURN FOR CITY.OFFICERS' ELECTION HELD ON
THE 7TH DAY OF APRIL, 1973, IN PRECINCT NOSS 11, 12, 16, 26, 28 & 29 i:nBrazoria
County & NO. 76 in Harris County, in Pearland, Brazoria & Harris Counties, Texas.
TOTAL NUMBER OF VOTES CAST
739
Voting Voting Voting
Machine #119887 Machine #127111 Machine #119885
TOTAL
[�)18
COUNCILMAN POSITION/PLACE 2
JERRY STALLINGS 3A 120 39 15 TOTAL 174
HARRY FARLEY 3B 383 149 25 TOTAL 557
COUNCILMAN POSITION/PLACE 4
TOM REID 4A 445 165 34 TOTAL 644
The undersigned hereby certify that the foregoing is a true and correct Statement of
Canvass and Election Return for the above described election held at the above
designated Election Precincts.
Dated this the 7th day of April, 1973.
S/
Mrs. Ralph W. Heflin
s/ Presiding Officer
S/
Mrs Jack Miller
s/ Clerk
Mrs. C. W. Massey, Jr.
S/ Clerk
Mrs. Berry Miller, Jr.
Clerk
Mrs. Mary R. Kliesi.ng
Clerk
S/ Mrs. Gloria C. Corbett
Clerk
Councilman Sanders introduced Resolution No. 73-10 and moved its adoption. The
motion was seconded by Councilman Wasek. The resolution is as follows:
RESOLUTION NO. 73-10
There came to be considered the returns of an election held on the 7th day of
April, 1973, for the purpose of electing the hereinafter named officials, and it
appearing from said returns, duly and legally made, that there were cast at said
election 739 valid and legal votes; that each of the candidates in said election
received the following votes:
COUNCILMAN POSITION/PLACE 2
Jerry Stallings 174 votes
Harry Farley 557 votes
COUNCILMAN POSITION;/PLACE 4
Tom Reid 644 votes
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
That said election was duly called; that notice of said election was given in
accordance with law, and that said election was held in accordance with law, and that
HARRY FARLEY was duly elected Councilman Position/Place 2 and TOM REID was duly
elected Councilman Position/Place 4 and the said above named parties are hereby
declared duly elected to said respective offices, subject to the taking of their
oaths and filing bond as provided by the Charter of the City of Pearland and the
laws of the State of Texas.
It is further found and determined that in accordance with the order of this
governing body the City Secretary posted written notice of the date, place and
subject of this meeting on the bulletin board located in the City Hall, a place
convenient to the public, and said notice having been posted and remaining posted
continuously for at least three days preceding the date of this meeting. A copy
of the return of said posting shall be attached to the minutes of this meeting and
shall be made a part thereof for all intents and purposes.
Voting "aye" - Councilman Wasek, Councilman Sanders, Councilman Reid, and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
Mayor McComb signed the Resolution canvassing the votes and executed Certificates of
Election to Harry Farley and Tom Reid.
The Oath of Office was then administered by the Mayor to Harry Farley as Councilman
Position 2 and Tom Reid as Councilman Position 4.
RESOLUTION NO. 73-11, A RESOLUTION OF APPRECIATION TO E. A. WASEK:
Resolution No. 73-11 was read in full by Mayor McComb. This resolution commended E. A.
Wasek for his service to the City as Councilman and Mayor Pro Tem. It was moved by
Councilman SAnders, seconded by Councilman Reid that Resolution No. 73-11 be passed
and approved. Voting "aye" - Councilman Sanders, Councilman Farley, Councilman
Reid, and Councilman Frank. Voting "no" - None. Motion passed 4 to 0.
Mayor McComb presented Councilman Wasek with a placque recog tirfsg-,his service to the
City. Councilman Wasek thanked the City Officials, City employees and the citizens
of Pearland.
APPOINTMENT OF ZONING BOARD OF ADJUSTMENT:
Mayor McComb submitted the following names for ratification by the City Council:
James E. Bost, James G. Bose, Victor A. Nolen, Thomps P. Alexander, and
E. A. Wasek.
It was moved by Councilman Frank, seconded by Councilman Sanders that James E. Bost,
James G. Gose, Victor A. Nolen, Thomas P. Alexander, and E. A. Wasek be appointed as
members of the Zoning Board of Adjustment as set out in Section 7.02 of the Home
Rule Charter. Motion passed 4 to 0.
Oath of Office administered to members of the Zoning Board of Adjustment by Mayor McComb.
MEETING RECESSED AT 8:15 P. M. - RECONVENED AT 8:40 P. M.
APPOINTMENT OF CHAIRMAN OF ZONING BOARD OF ADJUSTMENT:
It was moved by Councilman Farley, seconded by Councilman Reid that E. A. Wasek
be appointed as Chairman of the Zoning Board of Adjustment. Motion passed 4 to 0.
RETURN TO REGULAR ORDER OF BUSINESS
UNFINISHED BUSINESS:
SECOND AND (FINAL) READING OF ORDINANCE NO. 248, AN ORDINANCE AUTHORIZING THE ISSUANCE
OF CERTIFICATES OF OBLIGATION FOR PURCHASE OF LAND:
Ordinance No. 248 read in full by Councilman Farley and Councilman Sanders.
It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 248
be passed and approved on second and final reading. Said Ordinance No. 248 reads
in caption as follows:
ORDINANCE NO. 248
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
ISSUANCE OF $36,000.00 "CITY OF PEARLAND, TEXAS, LAND PURCHASE
CERTIFICATES OF OBLIGATION, SERIES 1973" DATED APRIL 10, 1973
FOR THE PURPOSE OF PAYING THE CONTRACTUAL PURCHASE OBLIGATION
OF THE CITY INCURRED IN THE PURCHASE OF A CERTAIN TRACT OR PARCEL
OF LAND LOCATED IN BRAZORIA COUNTY{ TEXAS; PRESCRIBING
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THE FORM OF THE CERTIFICATES; LEVYING A CONTINUING DIRECT
AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE LIMITS
OF SAID CITY IN ORDER TO PAY THE INTEREST ON SAID CERTIFICATES
AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF, AND
PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SUCH TAXES;
ENACTING PROVISIONS INCIDENT AND RELATING TO THE PURPOSE
AND SUBJECT OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE'.'
Voting "aye" - Councilman Frank, Councilman Reid, and Councilman Sanders
Voting "no" - None
Abstaining - Councilman Farley
Motion passed 3 to 0.
YT e) ,
APPROVAL OF TRAFFIC CONTROL DEVICES AS SUBMITTED BY TRAFFIC ENGINEER:
City Attorney Williams read the Traffic Engineer's report on various traffic control
devices in the City of Pearland.
It was moved by Councilman Sanders, seconded by Councilman Reid that the report of
the Traffic Engineer be affirmed and ratified, and hereby officially declared to be
an official traffic device in and for the City of Pearland, Texas. Said traffic
devicesand locations:_.are..as follows:
DEVICE LOCATION DATE OF TRAFFIC ENGINEER'S
REPORT
Four Stop Signs Northeast corner of Old Alvin Road
and Windsor Street facing East. North-
east corner of Old Alvin Road and Hampshire
Street facing East. Northeast corner of
Old Alvin Road and Westminister Drive facing
East. Northeast corner of Old Alvin Road
and Nottingham Drive facing East. 3/21/73
No Parking Any
Time Signs Designating Galveston Avenue from Broadway
Street approximately 150 feet North as
No Parking Any Time zone on both sides of
the Street. On sign on the West side of
Galveston Avenue approximately 125 feet North
of Broadway Street stating "NO PARKING ANY
TIME". On sign on the East side of Galveston
Avenue approximately 150 feet North of Broadway
Street and one sign on the East side approximately
100 feet North of Broadway Street stating
"NO PARKING ANY TIME". 4/6/73
No Parking Any
Time Signs Designating"No Parking Any Time" signs in
the alley between Galveston Avenue and Park Avenue
that is immediately behind the Pearland Independent
School District Administration offices.
One sign stating "NO PARKING ANY TIME" facing West
on the South side approximately 30 feet West of Galveston
Avenue. One sign stating "NO PARKING ANY TIME" on the
South side of alley facing West, approximately 40 feet
East of Park Avenue. One sign stating "NO PARKING ANY
TIME" on the North side of alley approximately 20 feet
West of Galveston Avenue facing East. One sign stating
"NO PARKING ANY TIME" on the North side of the alley
facing East approximately 50 feet East of Park Avenue. 4/6/73
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DEVICE LOCATION DATE OF TRAFFIC
ENGINEER'S REPORT
No Parking 8:00 A! -M.
Designation of Galveston Avenue from
to 5:00 P. M. signs
Approximately 150 North of Broadway
Street to its intersection with Plum
Street as a "No Parking Zone" from
8:00 A. M. to 5:00 P. M. on both sides
of the street. Location of signs
as follows: (1) Approximately 200
feet North of Broadway Street on the
West side of street (2) West side of
street approx. 150 ft. North of sign
Number 1 (3) West Side of street
approx 100 ft. North of sign No. 2
(4) West side of street 300 ft North
of sign No. 3. (5) On the West side of
street approx 15 ft. North of the North
side of Jasmine Street (6) On the West
side of street approx 300 ft North of
sign No. 5. (7) On the West side of
street approximately 15 ft South of the-
s/s of Plum Street. (8) On the East side
of street approx 500 ft North of Broadway
Street. (9) East side of street approx
100 ft. North of sign No. 8(10) On the EAst
side of street approx 200 ft. North of sign
number 9 (11) On the east side of Galveston
approx 30 ft South of the South side of Plum
street. (Direction of arrows defined in 4/6/73
Traffic Engineer's Report).
No Parking 8:00 A. M.
to 5:00 P. M..signs
Signs stating "No Parking 8:00 A. M. to 5:00
P. M." were placed alohg--Jasmine-!-9txeit at the
following locations: (1) On the South side
of Jasmine approx 15 ft. West of the West side
of.Galveston Ave (2) On the South side of the
East side of Park Avenue (3) On the North side
of Jasmine Street approximately 20 ft West of the
Westside of Galveston Avenue (4) On.the North
side of Jasmine Street approx 20 ft. Eastof the
East side of Park Avenue. (Direction'of arrows
defined in Traffic Engineer's Report).
One Stop Sign
One Stop Sign on the Northeast corner of Green
Tee_Drive and County Club Drive facing East
requiring the traffic on Green Tee Drive to
stop prior to entering into County Club Drive. 4/6/73
Also, that above- reports submitted to the Council be serially numbered from one forward
and future reports submitted to the City Council continue to be numbered serially so as
to fall in proper sequence. This numbering to be completed before submittal to the
City Council.
Motion passed 4 to 0.
FIRST READING - ORDINANCE NO. 249, AN ORDINANCE PROVIDING CERTAIN SPEED ZONES IN VARIOUS
AREAS OF THE CITY:
Proposed Ordinance read in full by Mayor McComb.
It was moved by Councilman Frank, seconded by Councilman Sanders that Ordinance No.
249 be passed and approved on first reading. Said Ordinance No. 249 reads in caption
as follows:
ORDINANCE NO. 249
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE
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6701D, VERNON'S REVISED CIVIL STATUTES, UPON THE BASIS
OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN
STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE
LIMITS OF THE CITY OF PEARLAND,TEXAS, AS SET OUT IN THIS
ORDINANCE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
$200.00 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING
AN EFFECTIVE DATE.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders, and Councilman
Farley.
Voting "no" - None
Motion passed 4 to 0.
NEW BUSINESS: (CONTINUED)
The name of Dr. David R. Armbruster was submitted to the City Council by the Mayor for
ratification as City Health Officer.
�1
It was moved by Councilman Sanders, seconded by Councilman Frank that Dr. David R.
Armbruster be appointed as City Health Officer for the City of Pearland. Motion passed
4 to 0.
'FIRST READING ORDINANCE NO. 250 - AN ORDINANCE OF NECESSITY FOR AND ORDERING THE
" PAVING'AND IMPROVEMENTS ON•PORTIONS OF ROBERT STREET, NANCY STREET, ROBINSON DRIVE,
AND UNION VALLEY DRIVE:
Proposed Ordinance No. 250 read -'-in full by Councilman Reid.
It was moved by Councilman Sanders, seconded by Councilman Reid that Ordinance No. 250
be passed and approved on first reading. Said Ordinance No. 250 reads in caption as
follows:
ORDINANCE NO. 250=
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT OF PORTIONS OF ROBERT STREET,
NANCY STREETP ROBINSON DRIVE, AND UNION VALLEY DRIVE,
CITY OF PEARLAND, TEXAS; APPROVING PLANS AND SPECIFICATIONS
FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE
FOR BIDS, IF NECESSARY; DIRECTING THE PREPARATION OF
ESTIMATES; INVOKING AND ADOPTING THE PROVISIONS OF
ARTICLE 1105b, VERNON'S REVISED CIVIL STATUTES; PROVIDING
THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVE-
MENTS SHALL BE PAID AND PROVIDING FOR THE ASSESSMENT OF
A PORTION OF SUCH COSTS AGAINST ABUTTING PROPERTIES AND
THE OWNERS THEREOF; PROVIDING FOR THE TERMS OF PAYMENT
OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO
CAUSE A CERTIFIED COPY OF THIS ORDINANCE TO BE FILED
IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS, -�.-
PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF,
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Reid, and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
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It was moved by Councilman Sanders, seconded by Councilman Reid -that when Ordinance
No. 250 is passed on second and final reading that it be sublimated VP_ all other
ordinance of this nature and that no work start on these streets until such time
as the street paving fund is sufficient to complete, and that other streets previously,
designated be given precedence over these streets. Motion passed 3 to 1.
Councilman Frank opposed.
'EIECTION OF A MAYOR PRO TEMPORE:
It was moved by Councilman Sanders, seconded Councilman Frank that Councilman Griffin
be appointed as Mayor Pro Tempore. Motion passed 4 to 0.
EXCUSED ABSENCE: (Cecil W. Griffin)
It was moved by Councilman Sanders, seconded by Councilman Frank that the minutes
reflect the absence of Councilman Griffin as "excused absence" since he is in California
on business. Motion passed 4 to 0.
OTHER BUSINESS:
It was moved by Councilman Reid, seconded by Councilmam-,Sanders,that the City Council
extend thanks to City Manager Wolff, Councilman Griffin, Planning Commission Chairman
Dennis Frauenberger, and Mayor McComb for purchasing the American Flag that flew over
the Capitol on March lst, 1973, for the City Hall. Motion passed 4 to 0.
ADJOURN:
There being no other business on the Agenda, the Mayor adjourned the meeting at
9:40 P. M.
Minutes approved as submitted and/or corrected this_3 day of ,
A. D. 1973.
Mayor
Attest:
City Secretary