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1973-09-24 CITY COUNCIL REGULAR MEETING MINUTES2G.1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND HELD ON SEPTEMBER 24, 1973, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Carlton McComb Councilman Cecil W. Griffin Councilman Harry Farley Councilman Gene E. Sanders Councilman Tom Reid Councilman B. J. Frank City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION & PLEDGE OF ALLEGIANCE: The invocation was given by the Chaplain, Rev. Art Jones. The Pledge of Allegiance was led by Councilman Farley. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of the ` regular meeting held on September 10, 1973 "be approved as cotr.tted. Motion passed 5to0.. It was moved by Councilman Griffin, seconded by Councilman Farley that the minutes of the Public Hearing held on September 11, 1973 be approved as submitted. Motion passed 3 to 0. Councilmen Sanders and Frank abstained. MAYOR'S ACTIVITY REPORT: TEXAS HIGHWAY DEPARTMENT: Mayor McComb advised that he planned to represent the City at the Texas Highway Department's Public Hearing on the proposed design of S. H. 35 (Freeway) from Dixie Drive to Almeda Road. He plans to make a presentation at the Hearing, but will not comment on the route that it is to take through Houston. He will urge the Highway Department to proceed with the starting of this freeway. Mayor McComb requested concurrence by the Council of his proposed presentation to the Highway r --- Department. Copies of the planned presentation were presented to each member of the Council. CAPITAL IMPROVEMENTS QUESTIONNAIRE: Mayor McComb asked Councilman Griffin to report on the results of the cards recently received from citizens. Councilman Griffin reported the following results: FIRST CHOICE 1. Drainage 2. Street 3. Sewer 264 FIRST CHOICE (cont.) 4. Water 5. Parks 6. Garbage Disposal Facility 7. Recreational Program 8. Civic Center 9. City Hall Complex Mayor McComb assigned the six items where most of the interest was indicated to the City Council to work with the City Manager and Engineer to obtain recommendations to the City Council. The assignments by the Mayor were as follows: Councilman Reid - Streets Councilman Farley - Drainage Councilman Griffin - Garbage Disposal Facility Councilman Sanders - Water Mayor McComb - Sewer Councilman Frank - Parks Councilman Griffin reported that there was not enough response from the long forms sent to the civic clubs and various organizations to evaluate. COUNCIL ACTIVITY REPORTS: BEAUTIFICATION COORDINATOR: Councilman Reid requested that the Council submit names for an Advisory Committee to work on the problems of City beautification. The projected plan of this Committee would be to eventually, as a full-time Board, pursue the problems of beautification of the City from the citizens' standpoint. SANITARY LANDFILL: Councilman Griffin reported that a Committee has been set up by the Brazoria County Cities Association and the Commissioner's Court to review and hopefully do something about the sanitary landfill or solid waste disposal problem in Brazoria County. The first meeting was held September 12, 1973, at the County Courthouse. There were representatives from 9 cities and members of the Commissioner's Court. It was the general consensus of opinion that there is a problem and steps must be taken to solve it. As a result, there will be another meeting on the 26th of October, and -at that time, the Committee will review the credentials of several persons and organizations with the thought in mind of retaining one of the companies to perform an evaluation of the problem, to suggest sites and to perform engineering work on various sites in the County. DEPARTMENTAL REPORTS: None. UNFINISHED BUSINESS: OFFICIAL NEWSPAPER FOR THE CITY: The following proposals were read by Mayor McComb from area newspapers wishing to serve the City as the official newspaper, effective October 1, 1973: 9/19/73 Sun Progress - Legal notice rate is .05 per word. Circulation --5,400 with approximately 3,400 distributed in the City of Pearland and rural routes. 9/21/73 Suburban Publications, Inc. - Legal notice rate is .05 per word, with subsequent insertions at .04 per word. Circulation of The News and Friendswood-Pearland Review --3,700 inside the City of Pearland. City Manager Wolff recommended to the City Council that the Sun Progress , the newspaper 26.5 which has served as the official newspaper for the City of Pearland, be designated as the Official newspaper. It was moved by Councilman Frank, seconded by Councilman Sanders that the Sun Progress be designated as the Official Newspaper of the City of Pearland effective October 1, 1973. Motion passed 5 to 0. Mayor McComb introduced a Resolution designating the Sun Progress as the official newspaper for the City. MEETING RECESSED 8:40 P. M. - RECONVENED 8:50 P. M. The previous Resolution was read again by the Mayor with corrections noted. It was moved by Councilman Griffin, seconded by Councilman Sanders that Resolution No. 73-16 be passed and approved by the City Council as amended and re -read. Said Resolution No. 73-16 reads in caption as follows: RESOLUTION --NO 73-16 A RESOLUTION OFFICIALLY DESIGNATING THE SUN PROGRESS, A PUBLIC NEWSPAPER, AS THE OFFICIAL NEWS ORGAN OF.THE CITY OF PEARLAND, TEXAS, 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. The Resolution includes a provision for authority of the Mayor to execute contract with the official newspaper for service. SECOND AND FINAL READING OF ORDINANCE NO. 257, AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF PEARLAND: Ordinance No. 257 was read in full by Councilman Griffin. Effective date to be November 1, 1973. It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 257 be passed and approved on second and final reading with change of effective date to November 1, 1973. 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; PRO- VIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIO- LATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin,Councilman Sanders and Councilman Farley. Voting "no" - None. Motion passed 5 to 0. 266 NEW BUSINESS: APPOINTMENTS: Board of Adjustment and Appeals. (Building Code): It was moved by Councilman Farley, seconded by Councilman Sanders that Mr. Luther White be appointed as Member at Large, and Raymond D. Barringer by appointed as General Contractor for a term each of three years, to the Board of Adjustment and Appeals. Motion passed 5 to 0. Plumbing Appeals and Advisory Board. (Plumbing Code): It was moved by Councilman Reid, seconded by Councilman Frank that Mr. Walter Besser and Mr. Gary C. Shiver be appointed as Members at Large for a term of three years, to the Plumbing Appeals and Advisory Board. Motion passed 5 to 0. Mayor McComb administered the Oath of Office to Mr. Luther White, newly appointed member of the Board of Adjustment and Appeals. FIRST READING - ORDINANCE NO. 263, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ADOPTING AND APPROVING RATE SCHEDULES RS -1 AND MGS-1 - HOUSTON LIGHTING AND POWER COMPANY: Proposed Ordinance No. 263 was read in full by Councilman Sanders. It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 263 be passed and approved on first reading. Said Ordinance No. 263 reads in caption as follows: ORDINANCE NO. 263 AN ORDINANCE OF THE CITY OF PEARLAND, BRAZORIA AND HARRIS COUNTIES, TEXAS, ADOPTING AND APPROVING THE RATE SCHEDULES TO BE KNOWN AS SCHEDULE RS -1 AND SCHEDULE MGS-1 SET FORTH IN EXHIBIT "A" AND EXHIBIT "B" AS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE; AND PROVIDING FOR =EFFECTIVE DATE FOR SUCH RATE OR RATES. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 264, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS - STATE HIGHWAY 35 - NORTH AND SOUTH MAIN: Proposed Ordinance No. 264 was read in full by Councilman Reid. It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 264 be passed and approved on first reading. Said Ordinance No. 264 reads in caption as follows: ORDINANCE NO. 264 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS 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, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE. 967 Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders and Councilman Farley. Voting "no" - None. Motion passed 5 to 0. BRAZORIA COUNTY ROAD AGREEMENT PRECINCT NO. 3: Mayor McComb read in full a letter dated September 13, 1973, from County Commissioner Billy E. Griffin stating that he did not intend to furnish any concrete pipe for the storm sewer,to be placed in the ditch on the extension of Orange Street or any other street. He stated that he would be glad to help in the construction or rebuilding of McLean Road, Dixie Farm Road, Walnut Street or several other of the City streets. It was moved by Councilman Reid, seconded by Councilman Frank that the Brazoria County Road funds be applied to the reconstruction of Mykawa Road from Clear Creek south. Motion passed 5 to 0. STREETS BORDERING CITY LIMITS OF PEARLAND: Councilman Sanders made the following statement with reference to: (1) Item X section 6 of the Agenda for the Regular City Council meeting of September 24, 1973, and (2) The Land Use Map (Exhibit A) of the City and as the Right of Way Coordinator for the City. It was moved by Councilman Sanders that the City Manager and the City Attorney are hereby instructed to collaborate in preparing or causing to be prepared such ordinances and other instruments that are necessary for Council action to de -annex all periphery (boundary) streets or roads which do not have city territory abutting them on both sides of said road or streets. Motion died for lack of a second. MEETING RECESSED AT 9:45 P. M. - RECONVENED AT 9:50 P. M. SANITARY LANDFILL: The coordinated efforts of the Brazoria County Cities Association and the Commissioners r' Court to develop a plan for solid waste disposal was outlined by the Mayor. Councilman Griffin serves as a representative on this committee from the City of Pearland and has requested concurrence of the Council to possibly include our fifty acres in this program. It was moved by Councilman Reid, seconded by Councilman Farley that Councilman Griffin be authorized to offer the use of the City of Pearland's fifty acre tract of land, located in Abstract 320 of Brazoria County, on a lease basis for consideration as a possible future landfill site in the Brazoria County Solid Waste Disposal Program, subject to approval of arrangements for its use satisfactory to all parties concerned. Motion passed 5 to 0. 268 FIRST READING OF ORDINANCE NO. 220-2, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 220 AND REPEALING ORDINANCE NO. 220-1: Proposed Ordinance No. 220-2 was read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Frank that Ordinance No. 220-2 be passed and approved of first reading as amended. Ordinance No. 220-2 reads in caption as follows: ORDINANCE NO. 220-2 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 220, AND REPEALING ORDINANCE NO. 220-1, HERETOFORE ADOPTED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WITH REFERENCE TO THE RATES FOR WATER SERVICE, AND AMENDING ORDINANCE NO. 220 BY THE PRO- VISIONS HEREOF AND REVOKING ALL ORDINANCES IN CONFLICT HEREWITH. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None. Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Griffin, seconded by Councilman Reid that the Mayor be authorized to make a presentation heretofore submitted to the Highway Department at its Hearing on September 25, 1973. Motion passed 5 to 0. ADJOURN: There being no further business, the Mayor adjourned the meeting at 10:00 P. M. Minutes approved as read and/or corrected this e day of �; A. D. 1973. rV0V� JIL� Mayor ATTEST: C !�-G[ ity Secretary