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1970-12-14 CITY COUNCIL REGULAR MEETING MINUTES148 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PFARLAND, TEXAS, HELD ON DECEM ER 14; 970, 7:35 N H C HALL, 2335 N. TEXAS R ND; TEX S. 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 (Entered 7:45 P. M.) E. A. Wasek James 0. DeShazer Carlton McComb Melvin L. Black William E. Wolff Bobby Williams Dorothy L. Cook The invocation was given by the Reverend Louie White of the Church of Christ. APPROVAL OF;MINUTES: It was moved by Councilman DeShazer, seconded by Councilman Wasek that the minutes of the regular meeting held on November 23, 1970 be approved as submitted. Motion passed 4 to 0. APPROVAL OF EXPENSES: It was -moved by Councilman McComb, seconded by Councilman DeShazer that the following checks be approved for payment with the exception of Check No. 4776 and Check No. :4792 on the Water & Sewer Fund: General Fund Payroll Water & Sewer Payroll General Fund Expenditures . Water & Sewer Expenditures No. 3941 through No. 3978 and No. 3987 Check No. 3957 void No. 3979 through No. 3986 No. 2286 through No. 2371 Check Nos. 2320, 2338 and 2339 void No. 4762 through No. 4775 No. 4777 through No. 4791 Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: 1. Letter dated November 25, 1970 from Joe A. Hubenak,,State Representative regarding meeting of Texas Water Quality Board. Councilman Griffin entered.7:45 P. M. COMMITTEE REPORTS: PEARLAND APPRECIATION DAY: -- Councilman McComb reported that the Building Committee had finished its work and would like to have Open House for the City Hall Complex on January 16, 1971. Also, that on this day a Proclamation be issued declaring January 16, 197!1 as Pearland Appreciation Day for all Ex Mayors!: and Councilmen.and a special meeting be called to present plaques to these ex -officials. Mayor Keller called a special meeting for January 16, 1971 at 2:00 P. M. for the purpose of presenting placques to former Mayors and Councilmen of the City of Pearland. Also, a Proclamation will be prepared declaring January 16, 1971 as "Pearland Appreciation Day" and open house will be held at the City Hall Complex. r INDUSTRIAL ANTI POLLUTION ORDINANCE: i Councilman McComb reported on a trip made to Austin and a discussion with Mr. Roger Tyler, Assistant Attorney General regarding an ordinance which would require the approval of the Texas Water Quality Board and Texas Air Control Board on plans for industrial developments. The City is to request such a check by these two Boards in writing and Mr. Tyler will check into the matter and give us a reply. UNFINISHED BUSINESS: PARK COMMITTEE: Mr. Skipper, a member of the Park Board, reported that the route for the road inside of the Park had been planned. Mayor Keller gave the Oath of Office to the following members of the Park Board: D. A. Bordelon, Bob Thompson, Ben Taylor, Rev. Lawrence R. Juull, James Skipper, and Jack Mays BID NO. 70-11 GARBAGE TRUCK UNIT: Bids were opened as follows: Vendor Price Delivery Terms Misc. Pak Mor Mfg. Co. $ 12,400.00 60-90 days 1/2 % cash 5% Bid Bond 20 days Enclosed Davis Truck,.&.Equip- ment Co. 12,300.00 2 days $615.00 C/ C Enclosed 1-50 Garwood -Houston Truck Equipment Co. $ 12,759.00 45 days $637.95"C/C Enclosed Hobbs Trailers 11,886.17 594.31 C/C Enclosed It was moved by Councilman McComb, seconded by Councilman Black. that these bids be tabled pending action at the next regular or special meeting. Motion passed 5 to 0. ---- ORDINANCE NO. 149 AND ORDINANCE NO. 154 - TRASH DUMPING: Councilman McComb stated that the City Attorney had answered his questions on the Ordinances at the last meeting. CITY OF PEARLAND VS JAMES C. YOUNG: No action by the Council on this item. It was moved by Councilman Wasek, seconded by Councilman Griffin that the Judgment be paid as soon as the City Attorney can arrange the necessary paper work, and the $11,000.00 we have in the Water Meter Deposit Fund be committed and the remainder paid out of the Water and Sewer fund, and the budget be adjusted accordingly. Motion passed 4 to 1. Councilman Black opposed. NEW BUSINESS• AUXILIARY POLICE ORDINANCE: It was moved by Councilman Black, seconded by Councilman Wasek that the proposed Auxiliary Police Ordinance be postponed until a later date. Motion passed 4 to 1. Councilman DeShazer opposed. NAMING OF HOUSING & ZONING COMMISSION: Action on this item passed until the next regular Council meeting. CALL OF ELECTION ON HOME RULE CHARTER - FEBRUARY 6, 1971: The following Resolution - Order for Special City Election was adopted by the City Council - on motion made by Councilman D.eShazer, seconded by Councilman Griffin. Motion passed 5 to 0. THE STATE OF TEXAS COUNTIES OF BRAZORIA & HARRIS CITY OF PEARLAND On this the 14 day of December, 1970, the City Council of the City of Pearland of Brazoria & Harris Counties, Texas convened in regular session at the regular meeting place thereof at the City Hall in said City, with the following members, to -wit: 151 D. R. Keller Mayor; Cecil W. Griffin, Alderman; E. A. Wasek,.Alderman-.Carlton McComb, Alderman; James 0. DeShazer, Alderman, Melvin L. Black, Aldermanl Dorothy L. Cook, City Secretary being present and among other proceedings had by said Council was the following: WHEREAS, The duly elected Charter Commission of the City of Pearland, Texas, has framed a new Home -Rule Charter in and for the City of Pearland, Texas and; WHEREAS, the said Charter Commission has designated°Feb,,5th, 1971, as the election date on which said Home -Rule Charter is to be submitted to the qualified voters of the City of Pearland, Texas, for adoption or rejection, and; r - WHEREAS, the City Council of said City deems it advisable tocorder an election for the purpose of submitting to the resident qualified voters of said city the proposition of whether or not the Charter framed by the Charter Commission be approved and adopted as the Home -Rule Charter of the City of Pearland, Texas; THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF PEARLAND OF BRAZORIA AND HARRIS COUNTIES TEXAS: That an election be held in said City on the 9 day of February, 1971, at which election the following proposition shall be submitted to the resident qualified voters of said City for their action thereupon: PROPOSITION: Shall the Charter Framed by the Charter Commission be Approved and Adopted as the Home -Rule Charter of the City of Pearland, Texas? Said Election shall be held at the following places in said Counties and the following named persons are hereby appointed Presiding Judge and Alternate Presiding Judge for said election: In Election Precinct No. 12, at 2335.N. Texas Avenue, City Hall Complex Building, in said City, with Mrs. Josie Heflin as Presiding Judge, and Mrs. Mary Lee Miller as Alternate Presiding Judge, and said Presiding Judge shall appoint the necessary clerks to assist hi m which shall not exceed 5 clerks. Said place of voting shall remain open between the hours of 7:00 A. M. & 7:00 P. M. on the date of said election. Dorothy L. Cook is hereby appointed Clerk for absentee voting and Dorothy Thompson and'Mabel Salyer are hereby appointed Deputy Clerks for absentee voting. The absentee voting for the above designed election shall be held at 2335 N. Texas Avenue, City Hall Comple within said City and said place of absentee voting shall remain open for at least eight hours on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday, beginning on the 20th day and continuing through the 4th day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 A. M. and 5:00 P. M. on each day for said absentee voting. The ballots of said election shall have written or printed thereon.the words "Official Ballot" and the following: "YES" SHALL THE CHARTER FRAMED BY THE CHARTER COMMISSION BE APPROVED - "NO" AND ADOPTED AS THE HOME -RULE CHARTER OF THE CITY OF PEARLAND, TEXAS? Each voter shall mark out the words that do -not reflect his vote, thus leaving the other or others as indicating his vote. The manner of holding said election shall be governed, as near as may be, by the r-. General Election Laws of the State of Texas, except as =dified by the provisions of Chapter 2, Title 28, Vernon's Revised Civil Statutes of the State of Texas, Revision of 1925, as amended, and none but resident qualified voters of said City shall be allowed to vote at said election. Notiee of said election shall be given at least 20 days prior to the' said . election, and this notice shall be published one time not more than 25 nor less than 10 days prior to said election in a newspaper of -general cireu1ation in said City. The City Secretary is hereby authorized and directed to cause said notice to be given as'hereinal directed and further orders are reserved until the returns of said election are made by the duly authorized election officials and received by this body. The above order being read, it was moved and seconded that same do pass. Thereupon the question being called for, the following members'voted AYE: Cecil W. Griffin, E. A. Wase�,Carlton McComb, James 0. DeShazer, Melvin L. Black and the following 1.e 2 members voted NO: NONE PASSED, APPROVED AND ADOPTED, this 14 day of December, 1970. /s/ D. R. Keller, Mayor /s/ E. A. Wasek /s/ C. W. Griffin /s/ James 0. DeShazer /s/ Carlton McComb /s/ Melvin L. Black ATTEST: Dorothy L. Cook City Secretary It was moved by Councilman McComb, seconded by Councilman Wasek that the sum of $1300.00 be approved for printing of proposed Charter. Motion passed 5 to 0. TEXAS HIGHWAY DEPARTMENT ORDINANCE, AGREEMENT AND TITLE TRACING SHEET,,- TRAFFIC SIG F. M. 518 E. BR DWA AND OLD ALVIN ROAD: — Proposed Ordinance No. 112 read in full by Mayor Keller: It was moved by Councilman Black, seconded by Councilman DeShazer that Ordinance No. 112 be adopted on first and final reading, and that the Mayor be authorized to execute the contract agreement with the State and execute the title tracing sheet. Said Ordinance No. 112 reads in caption as follows: ORDINANCE NO. 112 AN ORDINANCE PROVIDING FOR THE APPROVAL OF AGREEMENT DATED DECEMBER 14, 1970, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, TEXAS, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT, AND DECLARING AN EMERGENCY. (Exhibit 1 - F. M. 518 (E. Broadway) and Old Alvin Road) Motion passed 5 to 0. Council requested that City Administrator ask the State Highway Department to place flashing signal to indicate existence of this light as well as the one located at N. Main and Knapp Road. CITY ADMINISTRATOR'S ITEMS: l �9r-71t was moved by Councilman v seconded by Councilman �at the Tax Roll for 1970 be reduced by $178;623.00 as outlined below: Albert T. Miles Block 2 - Lot 6 McGinnis Billy Joe Shaw Tr 6 - Linwood Pearland State Bank Lots 45-48 Blk 12 Raymond Maness, Jr. Abst 232 Tr 7 Assessed Value From $ 161,450.00 360.00 11,000.00 (Land) 7,650.00 (Improvements) 12,070.00 (Land) * Improvements owned by First Methodist Church Assessed Value To $ 16,143.00 3,450.00 -0- 11,334.00 Explanatio n—"' Computer error Dup. on roll Land value error Error in acreage Ramsey Oil Corp Abstr. 542 Tr 82A St. Helen Catholic Church Bl- 1, Lot 31 Rectory Assessed Value Assessed Value From To $ 5,405.00 $ 4,980.00 1,315.00(Land) 11,250.00(Improvements) 153 Ex:planation Error in acreage Should be exempt Pearland Putter Park Personal Property .4,300.00 270.00 Improvements added to personal property Motion passed 5 to 0. $214,800.00 $ 36,17.00 . DELINQUENT TAX ROLL: It was moved by Councilman Black, seconded by Councilman Wasek that all delinquent taxes over $50.00 including penalty and interest be turned over to'the Tax Attorney for collection. Motion passed 5 to 0. OATH OF OFFICE - W. D. BARLOW: Mayor Keller administered the Oath of Office to W. D. Barlow, member of the Park Board who was not present earlier in the meeting. r— I ADJOURN: It was moved by Councilman Wasek, seconded by Councilman Griffin that the meeting adjourn. Meeting adjourned 8:47 P. M. Motion passed 5 to 0. Minutes approved as read and/or corrected this _2L day of=� A. D. 1970. r Mayor City Secretary i