1973-07-09 CITY COUNCIL REGULAR MEETING MINUTES226
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON JULY 9, 1973 AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS.
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The meeting was called to order with the following present:
Mayor Carlton McComb
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Councilman Cecil W. Griffin
Councilman Gene.E. Sanders
Councilman B. J. Frank
Councilman Harry Farley
Councilman Tom Reid
City Manager William E. Wolff
City Attorney Bobby J. Williams:(entered 7:40 P. M.)
Asst. City Secretary Dorothy S. Thompson
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by -Councilman Reid.- The Pledge of Allegiance was led by
City Manager, William E. Wolff.
APPROVAL OF MINUTES
It was moved by Councilman Griffin, seconded by Councilman Frank that the minutes of
the regular meeting held on June 25, 1973, be approved as submitted. Motion passed
3 to -0. Counoilmen.Reid and Farley abstained..
MAYOR'S ACTIVITY REPORT
It was moved by Councilman Sanders, seconded by Councilman Griffin that the absences of
Councilmen Farley and Reid be excused from the regular meeting held on June 25, 1973.
Motion passed 3 to 0.
The Mayor advised that the absence of Councilman Griffin from a meeting held two months
previously be corrected and placed on next agenda.
Pearland High School Choir: Mayor McComb read a.post card received from the Pearland
High School Choir who are touring in Vienna. The card was sent to the City Council
thanking them for their support.
Houston Chamber of Commerce -- Air Quality Standards: The Mayor read a letter from the
Houston Chamber of Commerce regarding a public hearing of the Air Quality Standards for
the State of Texas. A hearing will be held on July 17, 1973, 9:00 A. M. at.the
Marriot Motor Hotel. Mayor McComb stated that he had called State Representative
Joe Hubenak, asking him to represent the City and make a presentation at the meeting of
July 17, 1973.
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It was moved by Councilman Reid, seconded by 'Councilman Farley that the City Counci'l.go
on record approving the Mayor, the City Council and the City Manager in the preparation
of a report to be made before the EPA Regional IV Administrator for July 17th hearing.
Motion passed 5 to 0.
COUNCIL ACTIVITY REPORTS:
Mental -Health & Mental Retardation Board: Councilman Reid mentioned the combined
involvement and efforts of Brazoria and Galveston Counties in the Regional Mental Health &
Mental Retardation Board which meets the third Wednesday of each month.
Water -Qua 4ty Board Hearing -- Stream Standards: Councilman Griffin gave a report on the
pending Water Quality Board Hearing which presented new regulations modifying 69-9A.
Councilman Griffin suggested that the City Manager and the City Attorney look into the
matter of banning the use of phosphate in the City.
Letter to the Citizens on Capital Improvements: Councilman Griffin presented two reports
on Capital Improvements within the City of Pearland to the City Council and the audience.
It was the recommendation of Councilman Griffin that the reports should be mailed to the
citizens of the City of Pearland for their opinion and then returned.
It was moved by Councilman Sanders, seconded by Councilman Reid that the two reports on
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Capital Improvements as presented by Councilman Griffin be submitted to the citizens of
the City of Pearland and the service groups and Civic clubs of the City of Pearland, and
that authorization for the expenditure of funds necessary for the mail -outs be authorized.
Motion passed 5 to 0.
t Citizens: A motion was made by Councilman Sanders, seconded by Councilman Reid that Mrs.
Frances Jamison be heard. Motion passed 5'to 0.
Mrs. Jamison asked about the possibility of a bond election. Mayor McComb stated that
Capital Improvements would require a bond election.
Beautfieation:
Councilman Reid suggested that a City wide Clean-up drive sponsored by
various community groups be held with a projected -date some time in the fall.
DEPARTMENTAL REPORTS:
Hill's Sand Pit: City Manager Wolff stated that there was no indication that City garbage
--was being dumped in Hill's Sand Pit and that the matter had been carried as far as possible
„�ydue to the supplied information.
Mr.�exander, representing the Road Committee of the Pearland Chamber of Commerce, spoke
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to the City Council requesting that County funds be allotted for City street repairs.
The meeting recessed at 8:40 and reconvened at 8:'45.
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DOCKETED PUBLIC HEARING: None.
UNFINISHED BUSINESS:
Opening of Bid No. B73-10 -- Liquid Chlorine: Bids opened as follows:
Liquid Chlorine - 12 (1) Ton Contat"ers , 60 (#150) cylinders
Vendor
S E C Corporation $129.00 per container $16.50 per cylinder
Dixie Chemical $ 6.50 per lb. $11.00 per lb.
It was moved by Councilman Griffin, seconded by Councilman Reid that the bid be awarded
to S E C Corporation on recommendation of the City Manager, they being the low bidder at
$1,548.00 for the 1 Ton Containers and $990.00 for the 150 lb. containers. Motion
passed 5 to 0.
Consideration and Possible Action -- Appointment of W. D. Morgan to Board of Adjustment
and Appeals: This item to be placed on next agenda.
Final Report of the Charter Review Commission: It was moved by Councilman Griffin,
seconded by Councilman Farley that the report be accepted. Motion passed 5 to 0.
This report is to be submitted to the City Attorney to be checked for legality.
Second-arid-Final-Reading-of-Or-dinamee-Nei--255: It was moved by Councilman Sanders,
seconded by Councilman Reid that Ordinance No. 255 be adopted on second and final
reading. Said Ordinance No. 255 reads in caption as follows:
ORDINANCE NO. 255
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;_
PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders,
and Councilman Farley.
Voting "no" - none.
Motion passed 5 to 0.
NEW BUSINESS:
Consideration and Possible Action -- Amendment to Land Use and Urban Development
Ordinance: It was moved by Councilman Griffin, seconded by Councilman Reid that the
application by (2) Vernon W. Halik, the application by (3) Donald Halik, et ux, and
Robert I. Ellis, and the application by (4) A. L. Miles be accepted. Motion passed 5 to 0.
Date of Public Hearing before Planning & Zoning Commission: It was moved by Councilman
Reid, seconded by Councilman Griffin that a public hearing would be held before the
Planning and Zoning Commission on July 20, 1973, at 7:30 P. M. at the City Hall for the
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purpose of considering a change in zoning for application No. 2 of Vernon W. Halik,
application No. 3 of Donald Halik, et ux, and Robert I. Ellis, and application No. 3
of A. L. Miles. Motion passed 5 to 0.
Consideration and Possible Action -- Sanitary Landfill• Mayor McComb read a letter from
James Lyster, President of the Brazoria County Disposal Corporation, as a written appli-
cation for the operation of the sanitary landfill near Dixie Farm Rd. commonly known as
Hill's Sand Pit.
Date of Public Hearing for Sanitary Landfill: It was moved by Councilman Reid, seconded
by Councilman Griffin that a public hearing be conducted by the City Council to consider
the application for Land Fill for the Brazoria County Disposal Corporation July 30, 1973,
7:00 P. M. at the City Hall, and that the City Secretary be authorized to publish official
notice in the City newspaper and the Alvin Sun.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Farley'
Voting "no" - Councilman Sanders.
Motion passed 4 to 1.
Mr. Miller, representative of the Community Protection League asked to have the floor.
It was moved by Councilman Griffin, seconded by Councilman Reid that Mr. Miller be given
the floor. Motion passed 5 to 0.
r—t Mr. Miller give a resume of the July 3, 1973, public hearing and volunteered has cooperation
at the July 30th public hearing. It was suggested by the Mayor that Mr. Miller help to
organize the hearing sous to shorten the length of the hearing.
Consideration and Possible Action -- Resolution 73-15, first and final reading:
It was moved by Councilman Griffin, seconded by Councilman Sanders that Resolution No. 73-15
be approved. Said Resolution No. 73-15.reads in caption as follows:
RESOLUTION NO. 73-15
A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING
PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF
PEARLAND, TEXAS TO WIT: THE CONSTRUCTING OF PER-
MANENT STREET IMPROVEMENTS WITHIN CERTAIN AREAS OF
THE CITY IN WHICH.PROPERTY OWNERS ON ANY STREET
HAVE AGREED TO PARTICIPATE WITH THE CITY IN THE
COST OF SAID IMPROVEMENTS AS EXPRESSED IN THE
CITY OF PEARLAND'S STREET PARTICIPATION POLICY
r,. RESOLUTION NO. 71-26 AND AMENDED UNDER RESOLUTION
NO. 73-5: 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 Reid, Councilman Griffin, Councilman Sanders,
Councilman Farley.
Voting "no" - None.
Motion passed 5 to 0.
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Addi`tar for City 'of PeaVlaod 1Mayor McComb read in full the letter from Earl C.
Lairson & Co. offering their services to examine the financial statements for the City of
Pearland for the year ending September 30, 1973, the fee not to exceed $2750.00 including
out -of -the -pocket costs.
It was moved by Councilman Griffin, seconded by Councilman Sanders that Earl Lairson
& Co. be appointed as auditors for the City of Pearland for the current fiscal year.
Motion passed 5 to 0.
First Reading -- Ordinance No. 256: It was moved by Councilman Reid, seconded by
Councilman Griffin that Ordinance No. 256 be approved on first reading. Said Ordinance
No. 256 reads in caption as follows:
ORDINANCE NO. 256
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF
ARTICLE 6701D, VERNON' S TEXAS 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 VIO-
LATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE
DATE.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Farley.
Voting "no" - Councilman Sanders.
Motion passed 4 to 1.
Second and final reading to be placed on next agenda.
Mayor absent from the chamber 10:05 P. M. to 10:10 P. M.
First Reading -- Ordinance No. 257: It was moved by Councilman Griffin, seconded by
Councilman Reid that Ordinance No. 257 be passed and approved on first of two readings.
Said Ordinance No. 257 reads in caption as follows:
ORDINANCE NO. 257
AN ORDINANCE ADOPTING AND ENACTING ANEW CODE OF
ORDINANCES OF THE CITY OF PEARLAND, TEXAS; ESTABLISHING
THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES
NOT INCLUDED THEREIN; EXCEPT AS HEREIN EXPRESSLY
PROVIDED; PROVIDING FOR THE EFFECTIVE DATE 08IE8dOH;
CODE 11ND A..PENALTY FOR THE MANNER OF AMENDING SUCH CODE;
AND PROVIDING THIS ORDINANCE SHALL BECOME EFFECTIVE.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Farley.
Voting "no" - Councilman Sanders.
Motion passed 4 to 1.
First Reading of Ordinance No. 258 -- City of Pearland Mechanical Code: It was moved
by Councilman Frank, seconded by Councilman Griffin that Ordinance No. 258 be approved on
first reading. Said Ordinance No. 258 reads in caption as follows:
ORDINANCE NO. 258
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS TO BE
KNOWN AS THE "CITY OF PEARLAND MECHANICAL CODE":
PROVIDING FOR THE ADOPTION AND INCORPORATION BY
REFERENCE OF THE SOUTHERN STANDARD MECHANICAL
CODES, 1973 EDITION; PROVIDING FOR A PENALTY FOR
VIOLATION; PROVIDING FOR PUBLICATION; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR REPEAL OF ALL
ORDINANCES OR ;PARTS OF ORDINANCES IN CONFLICT HERE-
WITH; PROVIDING AN EFFECTIVE DATE AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders,
Councilman Farley. -
Voting "no" - None.
Motion passed 5 to 0.
First and Final Reading on Ordinance No. 25.9 -- Emergency Appropriation for Sewer Line
Repair: It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance
No. 259, an emergency ordinance providing for the payment, sums, -and repair of certain
sanitary sewer lines to be approved on on -first and only reading as provided by Section
8:16 of the Home Rule Charter. Said Ordinance No. 259 reads in caption as follows:
.ORDINANCE NO. 259
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING
FOR THE REPAIR OF CERTAIN SANITARY SEWER LINES, PRO-
VIDING FOR THE PAYMENT OF THEREOF, AND DECLARING AN, --
EMERGENCY.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Farley
Councilman Sanders.
Voting "no" - None.
Motion passed 5 to 0.
OTHER BUSINESS.: None. -
ADJOURN: Meeting adjourned at 10:50 P. M.
Minutes approved as submitted and/or corrected this the ;Z,5 day of aeu
A. D. 1.973.
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Mayor, City: -of Pearland
Attest:
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City Secretary f