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1973-07-23 CITY COUNCIL REGULAR MEETING MINUTES2�2 MINUTES OF A REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON JULY 23, 1973, AT 7:35 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Carlton Mc Comb Councilman Cecil W. Griffin Councilman Gene E. Sanders Councilman B. J. Frank Councilman Tom Reid Councilman Harry Farley City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: Councilman Reid introduced Rev. Art Jones, new minister of the lst Presbyterian Church of Pearland. Rev. Jones gave the invocation. The Pledge of Allegiance was led by Julie Wolverton. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of the regular meeting held on July 9, 1973, be approved as corrected. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Hearing - Environmental Protection Agency - July 17, 1973: Mayor McComb stated that he and Representative Joe Hubenak, representing the City of Pearland, presented testimony in opposition to the proposed EPA Hydro -carbon Control Standards. Revenue Sharing: Mayor McComb announced that the Treasury Department form recently received indicated that for the entitlement period of July 1, 1973 to June 30, 1974, the City should receive $74,387.00. This is an estimated figure by the Treasury Department, however, we must submit the Report by September 14, 1973. This means we will have to make out a Revenue Sharing Budget and hold a Public Hearing and return.the report by September 14, 1973. Julie Wolverton Week in Pearland: Mayor McComb read a Proclamation honoring Miss Julie Wolverton, Age 10, and making the week of July 23w 1973 through July 29, 1973 as Miss Julie Wolverton Week in Pearland. Miss Wolverton was selected as -"Miss Paperdoll" of the United States Twirling Association and has been asked to preside as hostess for the National Beauty and Talent Pageant in Milwaukee, Wisconsin, where the Senior Miss America and the Junior Miss America of baton twirling will be crowned. It was moved by Councilman Sanders, seconded by Councilman Griffin that the City Council endorse the Proclamation as it was just issued by the Mayor. Motion passed 5 to 0. 23 COUNCIL ACTIVITY REPORTS:- It EPORTSr It was moved by Councilman Sanders, seconded by Councilman Frank that the absence of Councilman Cecil Griffin from the regular meeting of April 9, 1973, be shown as excused absence. Motion passed 4 to 1. Councilman Griffin abstained. r-- DEPARTMENTAL REPORTS: Appointment to Police Reserves: Chief -of- Police M. L. Singleton requested that the City Council approve the appointment of Efford Jay Chapman as a member of the Police Reserves. It was moved by Councilman Farley, seconded by Councilman Reid that Efford Jay Chapman be appointed as a patrolman in the Police Reserves at the request of M. L. Singleton. Motion passed 5 to 0. Delinquent Taxes: City Manager Wolff advised the Council that in August 1972 the City entered into a contract with Perry Archer for the collection of delinquent taxes. Paragraph 6 of the contract provides that as of July lst of each year we turn over the current year's delinquent taxes to him for collection. Mr. Wolff advised the Council that this had been done in accordance with the contract. Pending Litigation: City Attorney requested an executive session at this time to discuss with the City Council on pending litigation. Executive Session -called at 8:00 P. M. - Council Meeting reconvened at 8:06 P. M. Mayor McComb stated that the Legal Department has asked for authority to answer two lawsuits, one being Cause No. 58,247-A, B. M. Jamison, et ux vs. James O. DeShazer, individually and as Tax Assessor -Collector for the City of Pearland, the City of Pearland, Texas,.and William Wolff, City Manager of the -City of Pearland, the other being Cause No. 58,248-8. -B". M. Jamison vs. Green Tee apd the Cit f P arlland t al It was moved by Councliiman Griffin, seconded y Coun�i�man Sanders that the City Attorney be authorized to make the appropriate answer to .the referenced lawsuits. Motion passed 5to0. CITIZENS: Mr. Wayne Marcy representing Brazoria Cablevision, Inc.appeareAbefore the City Council requesting a franchise to operate a,cable television system in Pearland. A discussio was held with Mr. Marcy. Mr. Marcy advised the Council that his company is operating I in Lake Jackson, Clute, Freeport, Lake Barbara and Richwood, and work will begin in i Angleton next month. Approximately 3,000 subscribers are now served by Brazoria Cablevision, • i Inc. This company also has working arrangements with H. L. & P., Southwestern Bell, and Community Public Service. Mr. Marcy advised that for Pearland his company planned to put a studio office in a central location and erect a tower. Six. Houston stations would be picked up then they would micro -wave two independent stations Channel 6 in i Port Arthur and Channel 4 in Beaumont,`plus weather information and the local origination. Brazoria Cablevision, Inc. is owned by Tel Communication, Inc. 80% and Mr. Marcy 20%/ 2034 Councilman Farley to coordinate a presentation of cable television with Mr. Marcy for presentation to the City Council. Councilman Reid: Councilman Reid reported that the Nasa representatives of the United States and Russia are pursuing a joint space effort. The technical teams from both nations have visited Moscow and Houston. They have recently been in Houston and the Russians brought with them the 10 astronauts involved in the joint venture. After the conference,a party was held at the Golfcrest Country Club here in Pearland. Mayor McComb asked Councilman Reid to function as a welcoming committee for the Mayor and City Council. Councilman Reid reported that he received many compliments from the Russians regarding the Country Club, terrain and the people they met here. CHANGE IN ORDER OF BUSINESS: Mayor McComb announced a change in order of business - NEW BUSINESS: REPORT AND RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION ON APPLICATIONS OF VERNON HALIK # 2; DONALD HALIK # 3; ARCHIE L. MILES # 4. ;(ROBERT I. ELLIS # 3) Mayor McComb read a letter from the Chairman of the Planning & Zoning Commission regarding the Application.of Vernon Halik, Robert I. Ellis and Donald Ralik, et ux, and A. L. Miles. This letter dated July 23, 1973, stated that the members of the Planning & Zoning Commission voted to recommend the changes be approved as requested. It was moved by Councilman Sanders, seconded by Councilman Frank that the City Council accept this recommendation into the records of the City. Motion passed 5 to 0. CALL OF PUBLIC HEARING BY CITY COUNCIL ON APPLICATIONS NOS. 2, 3 and 4. It was moved by Councilman Sanders, seconded by Councilman Farley that a Public Hearing on Application No. 2, Vernon Halik; Application No. 3, Donald Ralik, et ux and Robert I. Ellis, and Application No. 4, Archie L. Miles, be held under Docketed Public Hearings on the Agenda of the regular council meeting of August 13, 1973. Also, that City Secretary be directed to send proper notices and publish notice of the same. Motion passed 5 to 0. QUEST BY JAMES B. ANDERSON FOR RELEASE OF BUILDING PERMIT, LOT 9, BLOCK 3, SLEEPY HOLLOW SUBDIVISION: Mr. James Anderson requested that the Building Permit be released on Lot 9, Block 3, Sleepy Hollow Subdivision since this lot was located on a street where utilities were in eventhough this was part of the undeveloped section of Sleepy Hollow. It was moved by Councilman Farley that the building permit as described, Lot 9, Block 3, Sleepy Hollow Subdivision be released. Mayor McComb called,a recess at 8:25 P. M. - reconvened at 8:44 P. M.: Councilman Farley's motion was seconded by Councilman Griffin. A discussion was held between the City Council and the City Attorney regarding the possible implications involved due to the fact that this lot is located in an area where utilities and streets have not been accepted by the City. It was moved by Councilman Reid, seconded by Councilman Frank that the motion regarding release of building permit on Lot 9, Block 3, Sleepy Hollow Subdivision be tabled until the City Manager has an opportunity to talk to the developers and owners and �. arrive at some solution to the problem. Motion passed 5 to 0. UNFINISHED BUSINESS: SECOND AND (FINAL) READING OF ORDINANCE NO. 256, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT ON MCLEAN ROAD: Ordinance No. 256 read in full by Mayor McComb. (Second Reading) It was moved by Councilman Frank, seconded by Councilman Griffin that Ordinance No. 256 be passed and approved on second and final 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 r- 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 VIOL= LATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders and Councilman Farley. Voting "no" - None Motion passed 5 to 0. SECOND AND (FINAL) READING OF ORINANCE NO. 257, AN ORDINANCE ADOPTING'AND'ENACTING A NEW CODE OF ORDINANCE FOR THE CITY OF PEARLAND: Second and final reading of ordinance passed until a later date. r„ SECOND AND (FINAL) READING OF ORDINANCE NO. 258, AN ORDINANCE OF THE CITY OF PEARLAND, j TEXAS, TO BE KNOWN AS THE "CITY OF PEARLAND MECHANICAL CODE". Ordinance No. 258 read in full by Councilman Griffin. (Second Reading) It was moved by Councilman Reid, seconded by Councilman Griffin that Ordinance No. 258 be passed and approved on second and (final) 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 HEREWITH; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "aye" - Councilman Frank, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. ADJOURN: Mayor McComb adjourned the meeting at 9:10 P. M. Minutes approved as submitted and/or corrected this /..� day of Z � , A. D. 1973. Mayor, City of Pearland Attest: City Secretary