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1970-03-26 CITY COUNCIL REGULAR MEETING MINUTES35 MINUTES OF A REGULAR NEE 11Y 111JJ V111 111ZL.1..1 .C11Y 1Y 11i1 Y1 A regular meeting of the City Council of the City of Pearland was called to order by Mayor Keller with the following present: Mayor D. R. Keller Councilman Melvin L. -Black Councilman Carlton McComb Councilman E. A. Wasek Councilman Cecil W. Griffin (Entered 7:38 P. M.) City Administrator William E. Wolff City Secretary Dorothy L. Cook' Absent: Councilman Aubrey G. Ellis City Attorney Bobby Williams INVOCATION: The invocation was given by Mr. Robert Turner, Superintendent of the Pearland Independent School District. r` APPROVAL OF THE MINUTES: It was moved by Councilman McComb, seconded by Councilman Black that the minutes of the regular meeting held on March 12, 1970, be approved as bubmitted. Motion passed 4 to 0. It was moved by Councilman Black, seconded by Councilman Wasek that the minutes of a special meeting held on March 16, 1970, be approved as\ submitted. Motion passed 4 to 0. APPROVAL OF EXPENSES: It was moved by Councilman Wasek, seconded by Councilman McComb that the following checks be approved for payment: General Fund Payroll No. 3218 through No. 3244 Water & Sewer Payroll No. 3245 through No. 3255 General Fund Expenses No. 1523 through No. 1556 ( 1550 Void ) Water & Sewer Expenses No. 4226 through No. 4430 Motion passed 4 to 0. MAYOR ?S ACTIVITY REPORT: Hoidale Industries: 36 Mayor Keller reported that Hoidale Industries had purchased the land and we would soon have a new industry in the community. Texas Water Quality Board: Mayor Keller reported that he, Mr. Wolff and City Attorney Williams would be in Austin on March 27, 1970, to attend a Texas Water Quality Board meeting. State & Local Relations - Planning: Mayor Keller reported that they planned to go by while in Austin and talk with Mr. Reyes and attempt to establish a priority position for the City's request to get on the 1970 annual work program because our Master Plan needs to be completed. COMMITTEE REPORTS: Councilman Griffin reported that an article appeared in March 24th newspaper stating that the Federal Water Pollution panel viewed the pollution in Galveston Bay from the Houston Ship Channel and other sources with distress. They stated that none of the septic tanks in the Clear Creek Basin were operating satisfactorily. This authority recommended that the various municipalities operating in this area cooperate with the Gulf Coast Waste Disposal Authority in an effort to solve this problem. State Highway Department Signals: - Councilman Black reported that he had talked to Mr. Lipscomb of the State Highway Department and he stated that the installation of the signal on Knapp Road should be started within four weeks. The signal on Main and Broadway should be started within twelve weeks, also the signal on Orange Street and Main. A survey is to be made one week after installation of the Orange Street light at Old Alvin Road and Broadway. (YTrPT7VNT0, Mrs. Frances Jamison appeared before the Council to discuss the annexing of Green Tee Corporation and Golfcrest County Club. Mrs. Jamison asked if the sewerage from Pearwood Subdivision would be treated at the Longwood Plant, and if so, what would the City do about the Longwood Plant not being large enough to handle Pearwood Subdivision. Mr. Wolff stated that the Longwood Plant would be used to treat sewage from Pearwood Subdivision and that this plant was designed to handle approximately 113 of the area of Pearland . 37 Mrs. Jamison asked that in the event the City failed to participate in the program to clean up Clear Creek could it obtain additional permit from the Water Quality Board in the event it was necessary to enlarge the plant. Mr. Wolff advised Mrs. Jamison that the Water Quality Board has the prerogative as to whether or not to issue any additional permits. Mrs. Jamison asked how the City would get the money to enlarge the plant. Mrs. Wolff advised Mrs. Jamison this would be ley bond issue. Mrs. Jamison asked the purpose of annexing this property on first and final reading. Mayor Keller advised Mrs. Jamison that Cities operating under General Law are only required to read nrdinances one time. AGENDA CHANGE: Order of business changed at this point in the meeting to allow Item I under New Business to be discussed. NEW BUSINESS CONSIDERATION OF REQEST BY FIRST BAPTIST CHURCH: The Fir�ffBaptist Church in a letter dated March 20, 1970, stated that the new recreation building now nearing completion had inad- vertently been placed one foot in the alley running north and south in Block 15 of the Old Townsite. This error was not discovered until a legal survey was required by the bank fo4 completion -of the loan. The Church requested the Council's consideration in relieving it of legal responsibility. It was moved by Councilman McComb, seconded by Councilman Black I that a letter similar to the one sent on June 27, 1968, regarding a similar situation be sent to the int4rested parties. This letter will state that the overlap into the alley does not pose and immediate problem to the City, therefore, the City anticipates no action to remedy it. Motion passed 4 to 0. OLD BUSINESS: OPENING OF CITY HALL BIDS: 38 Bids opened as follows: CONTRACTOR BID SECURITY DAYS BID Larvin Enterprises Bid Bond 150 $52,520. Ed R. Spradley Bid Bond 120 49,709. Tinson Constr. Co. Bid Bond 150 62,891. Hull & Hull Bid Bond 170 54,196. Ernest Craven _ 56,496. Dowden-Race Constr. Bid Bond 140 54,943• E. L. Taylor Constr. Bid Bond 150 53,847• It was moved by Councilman Wasek, seconded by Councilman Griffin that the bids be referred to the City Administrator and Hall-McGuff, Architects for tabulation and recommendations. Motion passed 4 to 0. PEARWOOD SUBDIVISION: It was moved by Councilman Black, seconded by Councilman Griffin that upon the recommendation of the Planning Commission that the Council approve the preliminary plat of Pearwood Subdivision. Motion passed 4 to 0. NEW BUSINESS: PETITION FOR ANNEXATION - GREEN TEE CORPORATION: Mr. M. P. Martin representing Green Tee Corporation presented the following petition: PETITION FOR ANNEXATION THE STATE OF TEXAS X COUNTY OF HARRIS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: GREEN TEE CORPORATION, a Texas Corporation, acting by and through its duly authorized officers, being the owner of land and territory hereinafter 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 petition 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 9749, Vernons Texas 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 of land lying and situated in Harris County, Texas and a part of the W. D. C. Hall Survey 39 Abstract No. 23 and being a part or portion of that certain 462.5732 -Acre Tract of land described 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 a point in the Westerly line of the W. D. C. Hall �--, Survey, A-23, said point being located N 450 00' 30" E, 7283.70' of the most Westerly intersection of said Westerly line of the W. D. C. I Hall Survey and the centerline of the new meanders of Clear Creek; THENCE N 45000130" E, 3193.20' along the Westerly line of the W. D. C. Hall Survey, A-23 to a point for corner, said line also being the Easterly lines of the T. J. Green Survey, Abstract A-290 and -the E. M. House Survey, A-1075; THENCE S 43024' 00" E, 1343.29' to a point for corner; THENCE S 610 17' 00" E, 188.32' to a point for corner; THENCE S 380 141 00" E, 565.29' to a point for -corner in the Easterly line of the aforementioned "First Tract"; THENCE S 450 001 2511 W, 2658.48' along the Easterly line of the aforementioned "First Tract" to a point for corner; THENCE N 380 141 00" W, 339.89' to a point for corner; THENCE N 610 17' 00" W, 65.38' to a point for corner;. THENCE N 430 241 0011 W, 20.39' to a point for corner in the Easterly line of the Golf Crest County Club Tract; THENCE N 320 l0f 00" E, 1150.00' along the Easterly line of the Golf Crest County Club Tract to a point for corner; THENCE continuing along the Golf Crest Country Club Tract the following calls; N-550 271 01" W, 584.22t to a point for corner; S 290 37' 00" W, 1375.00' to a point for corner; N 720 201 00 W, 327.09' to a point for corner; N 290 371 00" E, 725.001 to a point for corner; N 520 201 00" W, 420.00' to a point for corner; N 4560 001 30" W, 311.54' to a point for corner; 8 59' 00 W, 430.891 to the PLACE OF BEGINNING and containing 119.873 acres of land, more or less Petitioner further requests and petitions that said City Council hear such petition not less than five (5) and no more than thirty (30)days after the filing of this Petition and grant this request and pe-cition and that there be an annexation of the land above described by the City Council of the City of Pearland, and that said City Council by proper ordinance receive and annex such territory and premises described above as a part of said City, and that thereafter the territory become a part of said City and the said land and any and all future inhabitants thereof be entitled to and invested with all rights and privileges of other citizens of said City and be bound by the acts and ordinances of said City. EXECUTED this 17 day of November , 1969. Attest: /s/ Elsie M. Poe Secretary ACKNOWLEDGEENN93 GREEN TEE CORPORATION By: /s/ A. L. Poe President i M A. L. Poe, President of Green Tee Corporation ACKNOWLEDGMENTS LIEN HOLDERS: Jack B. Idoux, Executive Vice President - Pearland State Bank. Thomas P. Alexander_. Samuel H. Vester, Jr., David L. Smith, Jr. James W. Fair, Trustee George Hall, S'. V. President, Peoples Nationl Bank, Tyler, Texas THE STATE OF TEXAS I COUNTY OF BRAZORIA I I, the undersigned City Secretary of the City of Pearland, Texas, hereby certify that the above Petition for Annexation was duly filed with the City Council of said City on the 26 day of March, 1970. WITNESS MY HAND AND THE OFFICIAL SEAL of the City of Pearland, this 26 day of March, 1970. CITY SEAL /sl Dorothy L. Cook City Secretary RESOLUTION SETTING HEARING WHEREAS, Green Tee Corporation has this day filed a Petition for Annexation with City Council which requests 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 974g, Vernon's Texas Civil Statutes, as amended: WHEREAS, City Council desires to institute annexation proceeding relating to said land; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: 119 A public hearing shall be held on April,13, 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 one time 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 the City Council may see fit. 41 PASSED AND APPROVED by the City Council of the City of Pearland, Brazoria & Harris County, Texas, this the 26 day of March, 1970. CITY OF PEARLAND, TEXAS /s/ D. R. Keller /s/ Cecil W. Griffin 1s/ Carlton McComb /s/ E. A. Wasek Attest: /s/ Melvin L. Black Is/ Dorothy L. Cook PETITION FOR ANNEXATION - GOLFCREST COUNTRY CLUB: Mr. J. E. Titus, President of The Golfcrest Country Club presented the following petition: PETITION FOR ANNEXATION THE STATE OF TEXAS COUNTY OF HARRIS X TO THE HONORABLE;MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The Golfcrest Country Club, a Texas non-profit corporation, with offices and club house in the City of Houston, Harris County, Texas, acting by and through its duly authorized officers, being the owner of land and territory hereinafter 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 is without residents, does hereby petition 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 the City of Pearland, Texas, in accordance with the laws of the State of Texas, including, but not by the way of limitation, Article 7949, Vernon's Texas Civil Statutes, as amended. The land which the Petitioner, The Golfcrest Country Club, asks to be considered for annexation is described by metes and bounds, as follows: A tract of land in Harris County, Texas containing 200.00 acres being a part of and out of that 468.92 acre tract of land described in the deed recorded in Volume 1676, Page 362, of the Deed Records of Harris County, Texas in the W. D. C. Hall Survey, Abstract 23, in Harris County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a -T_1/2 inch iron rodd marking the northeasterly corner of this tract of land herein described, said beginning corner i 42 being located S 650 141 01" W, a distance of 1896.19 feet from a 1 inch iron pipe marking the northeasterly corner of the aforesaid 468.92 acre tract of land; THENCE N 550 27' 01" W, a distance of 584.22 feet to a 1/2 inch iron 'rod for corner; THENCE S 29° 37' 00" W, a distance of 1375.00 feet to a 112 inch iron rod for corner; THENCE N 720 20' 00" W, a distance of 327.09 feet to a 112 inch iron rod for corner; ._._ THENCE N 290 37' 00" E, a distance of 725.00 feet to a 112 inch iron rod for corner; THENCE N 52° 20' 00" W, a distance of 120.00 feet to a 112 inch iron road for corner, said point being located 320 feet southeasterly from the northwesterly line of the said 468.92 acre tract of land; THENCE S 45° 00' 30" W, along a line parallel to and 320 feet southeasterly from the northwesterly line of the said 468.92 acre tract of land, a distance of 1535.00 feet to a 1/2 inch iron rod for corner. THENCE N 1.4.10 59' 30" W, a distance of 120.00 feet to a 112 inch iron rod for corner, said point being located 200 feet southeasterly from the northwesterly line of the said 468.92 acre tract of land; THENCE S 450 00' 30" W, along a line parallel to and 200 feet southeasterly from the northwesterly line of the said 468.92 acre tract of land, a distance of 2774.90 feet to a 112 inch iron rod for corner; THENCE S° 1 -I -1-I- 59' 30" E, a distance of 120.00 feet to a 1/2 in:oh iron road for corner, said point being located southeasterly a distance of 320 feet from the northwesterly line of the said 1.4.68.92 acre tract -� of land; THENCE S 450 00' 30" W, along a line parallel to and 320 feet southeasterly from the northwesterly line of the said 468.92 acre tract of land a distance 2210.89 feet to a 112 inch iron rod for corner; THENCE S 11° 26' 00" W, a distance of 297-40 feet to a 112 inch iron road for corner, said point being located 200 feet north of the north line of Harris County Flood Control Easement for Clear Creek; THENCE N 890 25' 00",Ey a distance of 623.93 feet to a 112 inch iron rod marking an angle point; THENCE N 600 55' 00" E, a distance of 406.73 feet to a 1/2 inch iron rod marking an angle point, said point being located northwesterly and northeasterly a distance of 200 feet from a 112 inch iron pipe marking an angle point on the northerly line of the aforesaid Harris County Flood Control Easement for Clear Creek; THENCE S 570 25'. 00" E, a distance of 755.91 feet to a 112 iron rod marking an angle point; THENCE N 650 10' 00" E, a distance of 330.98 feet to a 112 inch iron rod for corner, said point being located northwesterly a distance of 200 feet from the southeasterly line of the said 468.92 acre tract of land; THENCE N 450 00' 25" E, along a line paralled to and 200_"feet northwesterly from the southeasterly line of the said 468.92 acre tract of land, a distance of 760.1.4.0 feet to a 1/2 inch iron rod for corner; THENCE N 340 OLS' 00" W, a distance of 570.00 feet to a 112 inch iron rod for corner; THENCE N 510 07' 00: E, a distance of 1410.00 feet to a 112 k6 inch iron rod marking an angle point;, THENCE N 190 011 21" E, a distance of 310.55 feet to a 1/2 inch iron rod marking an angle point; THENCE N 360 141 00" E, a distance of 128.56 feet to a 1/2 inch iron rod marking an angle point; THENCE N 700 10' 00" E, a distance of 166.44 feet to a 112 inch iron rod marking an angle point; THENCE S 860 59' 00" E, a distance of 125.00 feet to a 112 inch iron rod marking an angle point; THENCE S 830 101 27" E, a distance of 320.06 feet to a 1/2 inch iron rod for corner, said point being located northwesterly a distance Of 350 feet from the southeasterly line of the said 468.92 acre tract of land; THENCE N 380 17' 50" E, a distance of 427.93 feet to a 112 inch iron rod for corner, said point being located northwesterly a distance of 400 feet from the southeasterly line of the said 468.92 acre tract of land; THENCE N 450 001 25" E, along a line parallel to and 400 feet northwesterly from the southeasterly line of the said 468.92 acre tract of land, a distance of 1740.00 feet to a 112 inch iron rod for corner; THENCE N 320 10' 00" E, a distance ofll50 feet to the PLACE -OF BEGINNING. Respectlfully submitted, GOLFCREST COUNTRY CLUB By /s/ J. E. Titus J. E. Titus, President /s/ Jack B. Idoux Secretary OWNER F TELLEPSEN CONSTRUCTION COMPANY /s/ /Emory E. Gose President ATTEST: /sl Edward Pollak LIEN HOLDER Asst. Secretary THE STATE OF TEXAS I COUNTY OF BRAZORIA & HARRIS Y I, the undersigned City Secretary of the City of Pearland, Texas, hereby certify that the above Pet-ition for Annexation was duly filed with the City Council of said City on the 26 day of March, 1970. Is/ Dorothy L. Cook CITY SEAL City Secretary RESOLUTION SETTING HEARING 43 WN WHEREAS, Golfcrest Country Club has this day filed a Petition for Annexation with City Council which requests 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 April 13, 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 one time 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 the City Council may see fit. PASSED AND APPROVED by the City Council of the City of Pearland, of Brazoria & Harris County, Texas, this the 26 day of March, 1970. CITY OF PEARLAND, TEXAS /s/ D. R. Keller D. R. Keller, Mayor /s/ Cecil W. Griffin Councilman /s/ Carlton McComb Councilman /s/ E. A. Wasek Councilman /s/ Melvin L. Black Councilman Attest: /s/ Dorothy L. Cook City Secretary ORDINANCE NO. 153 ( RESCINDING): This item to be placed on agenda of next meeting. SPECIAL CALLED MEETING: Mayor Keller called special meeting for 7:30 P. M. on April 1, 1970, to consider awarding of City Hall bids and passage of Ordinance resdindipg Ordinance No. 153. ADJOURN: It was moved by Councilman Black, seconded by Councilman McComb that the meeting adjourn. Adjourned 8:45 P. M. Minutes approved as read and/or corrected this the Y day of 1970. Attest: City Secretar M