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1970-04-23 CITY COUNCIL REGULAR MEETING MINUTES57 ..-. ._.. - _- - - -- - - -- . MINUTES . OF..A.. REGULAR MEETING . OF . THE . CITY. COUNCIL.. OF.. THE.. -CITY. OF_PEARLAND. 7RYAR _ HF,T.D M! THE ARD T517 OF PRI 19 0 . T : 3 P . M. IN T CITY 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 Councilman City Administrator City Attorney City Secretary INVOCATION: D. R. Keller Cecil W. Griffin E. A. Wasek Carlton McComb Melvin L. Black James 0. DeShazer William E. Wolff Bobby Williams Dorothy L. Cook The invocation was given by Mayor Keller. APPROVAL OF MINUTES: It was moved by Councilman Wasek, seconded by Councilman Black that the minutes of the regular meeting held on April 9, 1970, the minutes of a special meeting held on April 13, 1970, and the minutes of the public hearing held on April 13, 1970, be approved as submitted. Motion passed 5 to 0. APPROVAL OF EXPENSES: It was moved by Councilman Griffin,.seconded by Councilman DeShazer that. the following checks be approved for payment: General Fund Payroll No. 3293 through No. 3321 Water & Sewer Payroll No. 3322 through No. 3332 General Fund Expenses No. 1629 through No. 1653 Water & Sewer Expenses No. 4454 through No. 4461 Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Library Board: Mayor Keller reported on the progress of the Library Board. Recognition of Service - Aubrey G. Ellis: Mayor Keller presented a plaque to former Councilman Ellis in recognition of his service to the community. 58 .................. COMMITTEE REPORTS: Mrs. Donna Brazil of the Garden Club appeared before the Council and stated that the Garden Club would maintain flower bed on Grand Boulevard at old fire station site.if the City would furnish the curb, dirt and water for the area. A plan for this area will be worked out and a xerox copy will be furnished the City Council before the next regular meeting. City Administrator to work out the plan with the ladies of the Garden Club. CITIZENS: Mrs. Frances Jamison - "To discuss East-West Freeway and discuss obtaining sewage facilities down John Lizer Road to property owned by B. M. Jamison." A discussion was held with Mrs. Jamison regarding the City's position on the route of the freeway as the western route. The western route of the freeway would take less of the property off of the tax rolls of the City. Also, the need to make a decision on the route was important due to the Master Plan of the City. Mrs. Jamison discussed the possibility of obtaining sewage facilities to an area of the City located near the John LizerRoad. Mrs. Jamison stated she had plans for a low income housing project under a HUD grant for this area. Mrs. Jamison was advised that it would be necessary for the developer to install the lines from the City's present lines to the area to be served,at the developer's expense. OLD BUSINESS: GREEN TEE CORPORATION - ANNEXATION TO THE CITY OF PEARLAND: A proposed ordinance annexing 119.873 acres of land owned by the Green Tee Corporation was read in full by the Mayor. Notice of public hearing was held on April 13, 1970, published in the Tri County Sun Progress on April 2, 1970. It was moved by Councilman Griffin, seconded by Councilman DeShazer that Ordinance No. 194 be adopted on first and final reading. Said Ordinance No. 194 reads in caption as follows: ORDINANCE NO. 19� AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS AND EXTENDING THE CORPORATION LIMITS OF SAID CITY TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATE LIMITS OF SAID CITY AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY 59 AND IIES.,WITHIN .THE EXTRA.TERRITORIA1 AtISDICTION OF THE CITY OF PEARLAND; SAID TERRITORY BEING FULLY DESCRIBED BY METES AND BOUNDS IN THIS ORDINANCE; PRESCRIBING THE VOTING PRECINCTS FOR THE FUTURE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH FUTURE INHABITANTS ON EQUAL FOOTING WITH THE PRESENT INHABITANTS OF THE CITY OF PEARLAND; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION Publication to be by caption only. Motion passed 5 to 0. GOIFCREST COUNTRY:'.CLUB- ANNEXATION TO THE CITY OF PEARLAND: A proposed ordinance annexing 200 acres of land owned by the Golfcrest Country Club was read in full by the Mayor. Notice of public hearing held on April 13, 1970, published in the Tri County Sun Progress on April 2, 1970. Petition presented to the Council on March 26, 1970. It was moved by Councilman McComb, seconded by Councilman Griffin that Ordinance No. 195 be adopted on first and final reading. Said ordinance reads in caption as follows: ORDINANCE NO. 195 T AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THEO"_CORPORATION LIMITS OF SAID CITY TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATE LIMITS OF SAID CITY AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF PEARLAND; SAID TERRITORY BEING FULLY DESCRIBED BY METES AND BOUNDS IN THIS ORDINANCE; PRESCRIBING THE VOTING PRECINCTS FOR THE FUTURE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH FUTURE INHABITANTS ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEARLAND; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Publication by caption only. Motion passed 5 to 0. I NEW BUSINESS: APPOINTMENT OF HEALTH OFFICER: It was moved by Councilman Wasek,, seconded by Councilman McComb that Dr. David Armbruster be appointed. Health Officer for the City of Pearland effective April 16, 1970, and that the,City Attorney prepare ordinance confirming this, appointment and outlining the duties of this office. Motion passed 5 to 0. APPOINTMENT OF PLANNING COMMISSION: 60 APPOINTMENT OF PLANNING COMMISSION: Mayor Keller submitted the following names to the Council to serve on the Planning Commission: Two Year Term W. K. Miller - Tom Reid - Larry Loessin One Year Term George Shepherd - R. E. Collins It was moved by Councilman Black, seconded by Councilman Griffin that action on these appointments be tabled until the next regular council meeting. Motion passed 4 to 0. Councilman DeShazer abstained. PETITION FOR ANNEXATION - GREEN TEE CORPORATION - 6.654 acres: M. P. Martin, Attorney for Green Tee Corporation 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 PE ARLAND, 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 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, Vernon's 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, 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 of portion being described by metes and bounds as follows: NJ BEGINNING at a point in the Westerly line of the W. D. C. Hall Survey, A-23, aaid point being located N 456 001 30" W, 10476.901 of the mostWesterly intersection of said Westerly line of the W. D. C. Hall Survey and the new meanders of,Clear Creek; ,Thence N 450 001 3011 E, 111.70' along the Westerly line of the W. D. C. Hall Survey, A-23, said line also being the Easterly line of the E. M. House Survey, A-1075 to the Northeast corner of said E. M. House Survey, said point also being the Southeast corner of the A. M. Gentry Survey, A-292; THENCE S 450 171 2211 E, 2084.911 to the Northeast corner of the aforementioned "First Tract"; THENCE S 450 001 25" W, 173.541 along the Easterly line of the aforementioned "First Tract"; THENCE N 380 141 00" W, 565.291 to a point for corner; THENCE N 610 171 00" W, 188.321 to,a point for corner; THENCE N 430 241 00" W, 1343.001 to the PLACE OF BEGINNING and containing 6.454 acres of land, more or less. Petitioner further requests- and petitions that said City Council Yw ar 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 petition 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 inhabitant theredf be entitled to and invested with all rights and privileges of others citizens of said City and be bound by the acts and ordinances of said City. EXECUTED this 17 day of November, 1969. GREEN TEE CORPORATION By: /s/ A. L. Poe ATTEST: President Elsie M. Poe Secretary Liehholders listed as follows: Pearland State Bank, Thomas P. Alexander, Samuel H. Vester, Jr., David L. Smith, Jr., James W. 'Fair, Trustee, Peoples National Bank of Tyler. THE STATE OF TEXAS COUNTY OF BRAZORIA X COUNTY OF HARRIS X 62 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 23 day of April, 1970. WITNESS MY HAND AND THE OFFICIAL SEAL of the City of Pearland, this 23 day of April, 1970. 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 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 May 11, 1970, at 6:30 o'clock P. M. at the temporary quarters of the City Council located in the Pearland Volunteer Fire Department offices located 3501 Orange Street, 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 the 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 and refuse such 63 Petition as the City Council may see fit. PASSED AND APPROVED.by the City Council of the City of Pearland, Harris & Brazoria Counties, Texas, this the 23rd day of April, 1970. CITY OF PE ARLAND, TEXAS /s/ D. R. Keller:} Mayor /s Cecil W. Grif'f'in /.:. Councilman Carlton McComb Councilman E. A. Wasek Councilman Melvin L. Black /s/ James O: DeShazer Councilman Councilman Attest: s/ Dorothy L. Cook City Secretary r— ADJOURN It was moved by Councilman Black, seconded by Councilman DeShazer that the meeting adjourn. Meeting adjourned 9: 47 P. M. Minutes approved as read and/or corrected this the // day of A. L Attest: City Secretary