1970-02-12 CITY COUNCIL REGULAR MEETING MINUTES10
MINUTES OF A REGULAR._ MEETING .OF.THE.CITY _ COUNCIL .OF_THE .CITY OF PEARLAND
TEXAS, HELD ON FEBRUARY. 12, 1970, AT 7:3 -P. -M. IN THE CITY HALL ANNEX.
A regular meeting of the City Council of the City of Pearland was called
to order by Mayor Keller with the following present:
Mayor
Councilman
Councilman
Councilman
Councilman
Coun&ilman
City Administrator
City Attorney
City Secretary
INVOCATION:
D. R. Keller
Cecil W. Griffin
E. A. Wasek
Carlton McComb
Aubi—ey G. Ellis
Melvin L. Black
William E. Wolff
Bobby Williams
Dorothy L. Cook
The invocation was given by Mpg. Verle�Hill.
APPROVAL OF MINUTES:
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It was moved by.Councilman McComb, seconded by Councilman Griffin that
the minutes of the regular meeting held on January 22, 1970, and.the
minutes of the special meeting of January 29, 1970, be approved as }
submitted. Motion passed 5 to 0.
APBROVAL OF EXPENSES:
It was moved by Councilman Griffin, seconded by Councilman Ellis that the
following checks be approved for payment:
General Fund Payroll
Water & Sewer Payroll
General Fund Expenses
Water & Sewer Expenses
Sewer Construction Fund
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
2ATH OF OFFICE - R. E. KETTLE
Checks No. 3M98 through 3126
No. 3127 through 3128
No. 1351 through 1124
No. 4446 through 4388
No. 143 through 145
Mayor Keller administered the Oath of Office to Mr. R. E. Kettle as a
member of the Electrical Board.
FRANCHISE TAX - HOUSTON LIGHTING AND POWER COMPANY:
Mr. John Ott representative of the Houston Lighting and Power Company,
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presented franchise check in the amount of $24,360.52 for the year 1969
to the City of Pearland .
r.TMT7TPT\Tc .
Mr. Charles T. Gray - "Beer Retail License - On Premises Late Hour
License."
A discussion was held with Mr. Gray regarding this request. It was
moved �y Councilman Ellis,thatctheCC'byndil re e.ct this request by Mr.
Gray at this time. Motion died for lack of a second.
It was moved -by Councilman MGComb, seconded by Councilman Griffin that
a decision on this be tabled until the next regular meeting or the meeting
after the City Attorney is able to get all.of the facts together. Also,
that the Police Department furnish statistics regarding previous.police
action necessary in the various locations with on -premises beer licenses.
Motion passed 5 to 0.
OLD BUSINESS•
It was moved by Councilman Griffin, seconded by Councilman Black that the
Audit for the year 1969 as presented to the City by Main LaFrentz & Company
i
be accepted. Motion passed 5 to 0.
I
POSTPONED MOTION:
It was moved by Councilman Griffin, seconded by Councilman McComb that
we confirm Main LaFrentz & Company as auditors for'the year 1970, for a
fee not to exceed $3,000.00. Motion passed 4 to 1. Councilman Ellis
opposed.
PHARMACEUTICAL PREPARATIONS ORDINANCE:
A proposed ordinance regulating the sale of pharmaceutical preparations
was read in full by the Mayor.
It was moved by Councilman McComb, seconded by Councilman Griffin that
Ordinance No. 185 be adopted on first and final reading. Said ordinance
reads in caption as follows:
ORDINANCE NO. 185
AN ORDINANCE OF PEARLAND, TEXAS, REGULATING
THE SALE OF PHARMACEUTICAL PREPARATIONS CONTAINING
CERTAIN AMOUNTS OF CODEINE: CONTAINING DEFINITIONS
PRESCRIBING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING EFFECTIVE DATE HEREOF.
Publication to be,by caption only.
Motion passed 5 to 0.
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..................................... .
ORDINANCE REGULATING SALE AND HANDLING OF VOLATILE AND FLAMMABLE LIQUIDS:
Proposed ordinance read in full by the Mayor.
It was moved by Councilman Black, seconded by Councilman Ellis that
Ordinance No. 186 be adopted on first and final reading. Said ordinance
reads in caption as follows:
ORDINANCE N0, 186
AN ORDINANCE REGULATING THE SALE AND
HANDLING OF VOLATILE AND FLAMMABLE LIQUIDS,
INCLUDING GASOLINE, IN GARAGES, SERVICE STATIONS
AND OTHER PLACES OF BUSINESS HAVING VOLATILE OR
FLAMMABIE LIQUIDS FOR SALE TO THE PUBLIC IN
SAID CITY; MAKING FINDS OF ACT; DEFINING TERMS;
MAKING IT UNLAWFUL FOR AN OWNER, OPERATOR, OR
EMPLOYEE OF ANY SERVICE STATION, GARAGE, OR OTHER
DISPENSOR TO PERMIT ANY CUSTOMER OR PATRON THEREOF
TO INSERT OR REMOVE A NOZZLE USED IN DISPENSING
VOLATILE OR FLAMMABIE LIQUIDS INTO OR FROM THE
FUEL TANK OF A MOTOR VEHICLE OR ANY OTHER
CONTAINER; PROVIDING THAT EACH SUCH SALE OR
DELIVERY SHALL BE A SEPARATE OFFENSE BY SUCH OWNER,
OPERATOR, OR EMPLOYEE; DECLARING A PURPOSE TO
PREVENT FIRES AND PROTECT LIFE AND PROPERTY;
PROVIDING THAT ANY PERSON VIOLATING TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT
EXCEEDING TWO HUNDRED DOLLARS; PROVIDING A REPEALING
CLAUSE AND A SAVING CLAUSE; AND PROVIDING EFFECTIVE
DATE HEREOF; DECLARING AN EMERGENCY.
Publication to be by,caption only.
Motion passed 3 to 2. Councilman Wasek and Councilman McComb opposed.
MEETING RECESSED 8:50 P. M. RECONVENED 9:01 P. M.
WOMMITTEE REPORTS: (Order of business changed)
Willowcrest-Mimosa Acres Drainage:
Councilman McComb reported that two or three years ago the City Council
initiated a three year program for drainage on the west side of Pearland
to drain the Willowcrest-Mimosa Acres area. The intent of this was to
divert some of the water from draining into Clear Creek and drain it into
Marys Creek. Part of this program was carried out, however, last year
the Council moved our Drainage District allotment over to McLean Road.,
Councilman McComb stated that,if the Council approves he recommends the allot
this year be used to continue this project of drainage to the Willowcrest ment
Mimosa Acres area. �
It was moved by Councilman McComb, seconded by Councilman Wasek that the _..!
1970 Drainage District allotment be placed on Walnut Street -Austin Street
portion of the west end drainage project. Motion passed 5 to 0.
LIBRARY BOARD ORDINANCE:
Mayor Keller read proposed ordinance in full and noted corrections.
It was moved by Councilman Griffin, seconded by Councilman Black that
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Ordinance No. 187 be adopted on first and final reading. SAid ordinance
reads in caption as follows:
ORDINANCE NO. 187
AN ORDINANCE CREATING A LIBRARY BOARD IN AND
FOR THE CITY OF PEARLAND, TEXAS, PROVIDING FOR
QUALIFICATIONS AND TERMS OF OFFICE FOR DIRECTORS
OF SAID BOARD; PROVIDING FOR ORGANIZATION, POWERS
AND FUNCTIONS OF SAID BOARD, PROVIDING FOR THE
ESTABLISHMENT OF RULES AND REGULATIONS BY SAID
BOARD; DEFINING POWERS OF CITY COUNCIL; PROVIDING
A SAVINGS CLAUSE AND PROVIDING EFFECTIVE DATE
HEREOF:
Motion passed 5 to 0.
APPOINTMENTS TO LIBRARY BOARD:
It was moved by Councilman Black, seconded by Councilman McComb that
the appointments to the Library Board be tabled until the next regular
meeting. Motion passed 5 to 0.
NEW BUSINESS:
RESOLUTION CALLING ELECTION FOR CITY OFFICIALS APRIL 4, 1970:
It was moved by Councilman Ellis, seconded by Councilman Wasek that
the following resolution be adopted: Motion passed 5 to 0.
Whereas the laws of the State of Texas provide that on the 4th day of
April, 1970, there shall be elected the following officials for this
City :
MAYOR
COUNCILMAN PLACE NO. 2
COUNCILMAN PLACE NO. L'
Whereas the laws of the State of Texas further provide that the Election
Code of the State of Texas is applicable to said election, and in order
to comply with said Code, an order should be passed establishing the
procedure to be followed in said election, add designating the voting
place for said election.
THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
That all independent candidates at the election to be held on the
4th day of April, 1970, for the above mentioned offices file their
application -to become bandidates with the Mayor of the City at 2335
N. Texas Avenue (City Hall), Pearland, Texas, on or before 30 days before
the date of said election;
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That all said applications shall be substantially in the following form:
To the Mayor of the City of Pearland, Texas:
I hereby request that my name be placed upon the official ballot for the
election to be held on the 4th day of April, 1970, as a candidate for
(1) Mayor or (2) The office of Councilman Place No.
of said City. I hereby certify that I am a citizen of the United
Statesof America and that I am eligible to hold office under the
Constitution of this state and have resided in this state for a period
of twelve montl-Isnext preceding the date of said election and have resided
in this City in which I offer myself as a candidate for months next
preceding the date of said election.
DATED this the day of
Received the day of
19
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All candidates shall file with said application the loyalty affidavit
required by Article 6:02 of the Election Code.
That the Secretary of this City shall, in accordance with the terms
and provisions of Article 13.32 of the Election Code, post in his office
the names of all candidates who have been certified by him by the Chair- I
man of the Executive Committee of any party hold a primary election for
said above mentioned offices, and the names of all independent candidates
who have filed their application in accordance with the terms and
provisions of this order, and said names shall be posted at a conspicuous
place in said office for at least 10 days before said Secretary orders the
same to be printed on the ballot for said election.
This City, have one election precinct, said election shall be held
at the following place in said City:
1. In Election Precinct No. 12 at Drama Room, 2337 N. Galveston
in the Drama Room of the Pearland High School Building.
The City Secretary is hereby authorized and instructed to provide
and furnish all necessary election supplies to conduct said election.
The Mayor shall issue all necessary orders, writs and notices for
said election and returns of said election shall be made to this
Council immediately after closing of the polls.
PASSED, APPROVED AND ADOPTED this the 12 day of February, 1970
Is/ D. R. Keller, Mayor
Attest:
/s/ Dorothy L. Cook, City Secretary
ORDER FOR CITY OFFICERS' ELECTION executed by D. R. Keller, Mayor of the
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City of Pearland, Texas appointing Mrs. Josie Heflin, as Presiding Judge
and Mrs. Jack Miller as Alternate Presiding Judge. Dorothy Cook appointed
Clerk for Absentee voting, and Dorothy Thompson and Mabel Salyer as
Deputy Clerks for absentee voting. The absentee voting for the election
shall be at 2335 N. Texas Avenue, Pearland, Texas, between the hours
of 8:00 A. M. and 5:00 P. M. on each day for said absentte voting which is
not a Saturday, a Sunday, or an official State holiday, beginning on the
20th day and continuing through the Lath day preceding the date of said
election.
CONDEMNATION - CITY OF PEARLAND VS ALEXANDER ESTATE:
Any action of this item on the agenda to be.paQsed until the next regular
Council meeting or until a special meeting, if called.
CITY ADMINISTRATORYS ITEMS:
CITY OF HOUSTON-- EXTRATERRITORIAL AGREEMENT:
A discussion was held regarding Extraterritorial Agreement which was
prepared and <approved by the City of Houston- on. Feb u, 1970, and submitted
to this Council for consideration.
It was moved by Councilman Griffin,seconded by Councilman Wasek that a
authorizing Uhe Mayor
resolution be adopted/to execute this contract (Extraterritorial Agreement
with City of Houston) at the earliest date possible. Motion passed
4 to 1. Councilman Ellis opposed.
Green Tee Corporation Petition:
Mr. M. P. Martin, representing Green Tee Corporation presented petition
for annexation to the City Council as follows:
PETITION FOR ANNEXATION
THE STATE OF TEXAS
COUNTY OF HARRIS
TO THE HONORABLE MAYOR AND CITY :COUNCIL OF THE CITY OF PE ARLAND, TEXAS:
GREEN TEE CORPORATION, a Texas Corporation, acting by and through
its duly authorized officers, being the owner of land and territory
hereinaftar described, which land is located and situated immediately
contiguous and adjacent to the existing corporate boundary and limits of
the City of Pearland, Texas, is not more than one-half (1./2) mile .in
width, and is vacant and without residents, does hereby petiti&nn and
request that the Honorable Mayor and City Council of said City annex the
land herein described into and make said land a part of the corporate
limits of said City, in accordance with the laws of the State of Texas,
including (but not by way of limitation) Article 974g,, Vernon's Texas
1.6
Civil Statutes, as amended. Said land to be considered for annexation
being described by metes and bounds,, as Follows:
Being all that certain tract or parcel or land lying and situated in
Harmis County, Texas and a part of the W. D. C. Hall Survey, Abstract No.
23 and being a part or portion of that certain 462.5732 Acre Tract of land des
cribed as "First Tract" in that certain deed from James W. Fair, Trustee
dated July 10, 1968 as recorded in Volume 7529, Page 11 of the Harris
County Deed Records to which reference is hereby made and said part or
portion being described by metes and bounds as follows:
BEGINNING at the most Westerly point of :intersection of the Westerly
line of the W. D. C. Hall Survey, A-23 with the centerline of the new
meanders of Clear Creek;
THENCE N 450 30' E, 7283.70' along the Westerly line of the W. D. C.
Hall Survey, A-23, also being the Easterly line of the T. J. Green Survey,
A-290 to a point for corner;
THENCE S 860 590 00" E, 430.89' to a point for corner in the Westerly
property line of the Golf Crest Country Club Tract;
THENCE continuing along the property line of the Golf Crest Country Club
Tract the following calls: S 45° 00'30" W 1223.4.6' along a line parallel
to and 320.00' East of the Westerly line of the W. D. C. Hall Survey,
A-23 to a point for corner;
THENCE N 44059130" W, 120.00' to a point for corner;
THENCE S 45000130" W, 2774.901along a line parallel to and 200.00' East
of the Westerly line of the W. D. C. Hall Survey A-23 to a point for
corner;
THENCE
S
44459130"
E,
120.00'
to
a
ppint
for
corner;
THENCE
S
11°26'00"
W,
297.40'
to
a
point
for
corner;
THENCE
N
89025100"
E,
623.93'
to
a
point
for
corner;
THENCE
N
60055'00"
E,
406.73_'
to
a
point
for
corner;
THENCE
S
57°25100"
E,
755.91'
to
a
point
for
corner;;.
THENCE
N
65010100"
E,
330.98'
to
a
point
for
corner;
THENCE
N
45000'25"
E,
760.40'
to
a
point
for
corner;
THENCE
N
34°04'00"
W,
5:? oot
to
a
point
for
corner;
THENCE
N
51007100"
E,
1410.00'
to
a point
for
corner;
THENCE
N
19001121"
E,
310.55'
to
a
point
for
corner;
THENCE
N
36014'00"
E,
128.56'
to
a
point
for
corner;
THENCE
N
70010100"
E,
166.4.4.'
to
a
point
for
corner;
THENCE S 86059100" E, 125.00' to a point for corner;
THENCE S 83010'27" E, 320.06' to a point for corner;
THENCE N 38017150" E, 427.93' to a point for corner;
THENCE N 45000125" E, 1714.0.00' to a point for corner;
THENCE N 32°10'00" E, 93.04' to a point for corner;
THENCE departing from the property line of the Golf Crest County Club
Tract, N 43°24100" W., 20.39' to a point for corner;
THENCE S 61017100n E, 65.38' to a point for corner;
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THENCE S 38014'00" E, 339.89, to a point for corner in the Easterly line
of the aforementioned "First Tract", .
THENCE S 45000125" W, 268.48' along the Easterly line of the aforementioned
"First Tract" to the point of intersection with the old centerline of
Clear Creek;
THENCE along the old meanders of Clear Creek
point for corner in the Easterly 7hine of the
N 38° 14100? W, 114.50 1_;
N 61° 17'00 W, 76.001;
N 690 03' 0011 W, 102.001;
.N 40 X3'00" W, 71.00';
N 200 lv o0" W, 58.00' ;
N 250 49100" W, 54.00;
N 000 49'00'# W, 62-721;
86 24'00" W, 9.001;
N
0 59'OOY W, 30.201;
S 70 lo'oo! w-, 65.001.;
S 36° 14100 W,37_.001;
s 180 52'00" w, 103.00'
S 02° 06'001 W, 169.311;
S 20° 27100U W, 66.001;.
S 270 41' 001 E, 116.00' ;`'`
S 160 06100" E, 129.001;
S 080102100Y E, 176.30';
the following calls to a
aforementioned "First Trate";
THENCE S 45° 00125"w,'85-171 along the Easterly
"First Tract" to the point of intersection with
Clear Creek.
line of the aforementioned
the old centerline of
THENCE along the old meanders of Clear Creek the following calls to a
point for corner in the Easterly line of the aforementioned "First Tract":
s 66059'oou. w, 195.5o';
N 81°07'00! W, 79.001;
N 40052'00! W, 77.00';
N 42018100" W, 55.001;
N 55004100" W, 62.27:x.;
S 52 30'Q0V W, 42.00';
S 360 2910Q1t W, 91.001;
S 43026 00" w, 44.50;
S 14051100" W,, 64-504
S 69`59'00" W, 245.401;
S 60°10100" w, 51.001;
S 56019100" W, 118.00';
Is 55001'oo" W, 67.00';
S 34P17100" W, 1.11-00t;
S 23°55'00" E, 80.00';
S 85057'00" E, 13.001;
S 86051100" E, 148.50';
S 82058►00" E, 18.00';
S 74050'00" E, 97.621;
N 73 007100" E, 58.50';
N 47050100" E, 82.001;
N 57009100" E, 67.50';
N 87°10' 00" E, 45-001;
.S 080281100" " , 22.241
,
" E 33.96
THENCE S 4500012511 W, 2758.78' along the Easterly line of aforementioned
"First Tract" to the point of intersection with the center line of the
new meanders of Clear Creek;
THENCE in a Westerly Direction along the centerline of the new meanders
of Clear Creek the following calls:
N 27028100"W,
1L5.001;
N 23°53100"E,
415-001'-
N 38016'00!W,
380.00';
S �7045tOO"W,
238.00';
S 2 6'00"W,
398.00;;
N 38op' ool1w 103.001;
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S 89025'00" W, 190.001;
s 66°lo' ooll W, 280.75';
S 43038100" W, 765.301;
N 61051'00" W, 91.001;
N 14010100" W, 300.001;
N 54056100" W, 275.001;
N 09049'00" W, 172.001; to the PLACE OF BEGINNING and
containing 136.318 acres of land, more of _less.
ACKNOWLEDGEMENT OF PRESIDENT OF GREEN TEE CORPORATION AND ALL LIEN HOLDERS
ON ORIGINAL PETITION ON FILE WITH CITY.
It was moved by Councilman Griffin, seconded by Councilman Ellis that
the date of public hearing on this petition be set at 7:30 P. M. March
2, 1970, in the City Hall Annex, and that the following Resolution be
adopted:
RESOLUTION SETTING HEARING
WHEREAS, Green Tee Corporation has this day filed a Petition for
Annexation with City Council which request annexation of the land and
territory described therein in accordance with the laws of the State
of Texas, including (but not by way of limitation) Article 9749,
Vernon's Texas Civil Statutes, as amended:
WHEREAS, City Council desires to institute annexation proceedings
relating to said land;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS THAT:
I.
A public.hearing shall be held on March 2, 1970, at 7:30 o'clock
P. M. at City Hall Annex, Pearland, Texas, which date is not more than
twenty nor less than ten days prior to the institution of annexation
proceedings. The City Secretary is hereby instructed to publish notice
of such hearing in Tri -County Sun Progress, a newspaper having general
circulation in the City and in the territory proposed to be annexed at
least once not more than twenty nor less than ten days prior to such
hearing.
II.
City Council hereby finds and declares that no right-of-way of
railroad companies now serving the City and on the City's tax roll is
included in the territory to be annexed; therefore, no additional --
notice by certified mail will be given to said companies.
At such public hearing City Council shall hear such Petition and
the arguments for and against the same, and grant or refuse such
Petition as City Council may see fit.
PASSED and APPROVED by the City Council -of -the City'of Pearland,
Brazoria County, Texas, this the 12th day of February, 1970.
Motion to approve above Resolution passed 5 to 0.
TYPEWRITER FOR POLICE DEPARTMENT.
It was moved by Councilman McComb, seconded by Councilman Griffin that
the City Administrator be authorized to purchase a typewriter for the
Corporation Court Clerk and the budget be adjusted accordingly. Motion
passed 5 to 0.
CITY HALL PLANS
City Administrator Wolff reported that the City Hall Committee has met
and has didcussed the revisions of the plans with Hall-McGuff, And-'U�there
should be some formal motion by the City Council authorizing the speci-
fications to be amended.
It was moved by Councilman Griffin, seconded by Councilman McComb that
the City Attorney be authorized to make necessary amendments to -the
existing contract with Hall-McGuff, ArbYaitects in order that we may get
the plans reworked so that the project may be h-kthorized for bids on
or about the 26th day of February. Motion passed 5 to 0.
MC GINNIS WATER LINE:
It was moved by Councilman Ellis, seconded by Councilman Wasek that the
same policy be adhered to as in the past. That we not reimburse the
people who have money in escrow fund for extension of water lines at
this time.
It was moved by Councilman -Griffin, seconded by Councilman McComb that
the above motion be tabled until such time as we have additional data
on this matter. Motion passed 5 to 0.
AT) _T OTTR TT .
Meeting adjourned at 10:20 P. M.
Minutes approved as read and/or corrected this the a6 day of
1970.
CIT
By:
Attes
ei y ecretary