1971-02-08 CITY COUNCIL REGULAR MEETING MINUTES167
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF -THE CITY OF PEARLAND, TEXAS HELD
N FEBRUARY 8,','197 T 7:45 P. M. IN HE TY HALL, 2335 N. TEXAS AVENUE, PEARLAND,
TEXAS
A regular meeting of the City Council of the City of.Pearland was called to order by
Mayor Keller with the following present:
r--
Mayor
-- Councilman
Councilman
Councilman
Councilman
City Administrator
City Attorney
City Secretary
Absent:
INVOCATION:
Councilman
r— The invocation was given by Mr. Tom Reid.
PLEDGE OF ALLEGIANCE:
D. R. Keller
Cecil W. Griffin
Carlton McComb
E. A. Wasek
James 0. DeShazer
William E. Wolff
Bobby Williams
Dorothy L. Cook
Melvin L. Black
The Pledge of Allegiance was led by City Attorney Bobby Williams.
APPROVAL OF -MINUTES:
It was moved by Councilman Wasek, seconded by Councilman DeShazer that the minutes
of the regular meeting held on January 25, 1971 be approved. Motion passed 4 to 0.
APPROVAL OF EXPENSES:
It was moved by Councilman McComb, seconded by Councilman Griffin that the following
checks be approved for payment:
General Fund Payroll
Water & Sewer Payroll
General Fund Expenditures
Water & Sewer Expenditures
Building Fund Checks
Motion passed 4 to 0.
No. 4177 through No. 4216
No. 4217 through No. 4225
No. 2523 through No. 2571
No. 4847 through No. 4871
(Check No. 4869 void)
No. 41 through No. 43
168
MAYOR'S ACTIVITY REPORT:
1. The following Proclamations were signed by Mayor Keller.
(a) International Demolay Week - March 14-21, 1971.
(b) Heart Month - Entire month of February, 1971
(c) Citizenship Month in Pearland - Entire month of February, 1971
2. City wide Scout Sunday was observed at the First United Methodist
Church in Pearland.
COMMITTEE REPORTS:
LEGISLATIVE BREAKFAST:
Councilman McComb reported that he, Councilman DeShazer, Councilman Griffin and Mr.
Wolff attended the first Legislative Breakfast sponsored by the Texas Municipal
League and a discussion was held on pending legislation affecting cities. Constitutional
Amendment No. 4 has passed and will be voted on in May by the people is the Amendment
to finance the State's portion of the participation for water treatment plants. With
this State participation, the amount of money which would have to be expended by the
cities would be reduced
from
66 2/3% to
20%.
Under this
Amendment
the Federal
Government would provide
55%,
the State
25%
and the Cities
20%.
Councilman McComb
requested that this matter be placed on the Agenda of the next meeting so that the
Council could adopt a Resolution supporting Amendment No. 4.
The Ethic's Bill pending has not received the support of the Texas Municipal League due
to the fact that it also covers the manner of pay raises for the legislature.
SIGNAL - RAILROAD CROSSING AT KNAPP ROAD AND MYKAWA:
Councilman DeShazer reported that he had heard nothing from the Railroad regarding the
crossing since this matter was discussed with Mr. Wade of the Santa Fe sometime ago.
Councilman DeShazer will contact Mr. Wade and report to the Council at a later date.
CITIZENS:
None
UNFINISHED BUSINESS:
RESOLUTION OANVASSING VOTES OF SPECIAL PURPOSE CHARTER ELECTION - HELD ON FEBRUARY 6,
`DECLARING THE_RE$ULTs�
Mayor Keller removed the Election Returns from the packet addressed to him and read the
following:
ELECTION RETURNS
STATEMENT OF CANVASS AND ELECTION RETURN FOR SPECIAL ELECTION HELD ON THE 6 DAY
OF FEBRUARY, 1971, IN PRECINCT NO. 12 IN PEARLAND, BRAZORIA COUNTY, TEXAS.
TOTAL NUMBER OF VOTES CAST 659
PROPOSITION: MACHINE NO.
Shall. the Charter framed by the
Charter Commission be approved
and adopted as the Home Rule
Charter of the City of Pearland, 119886
Texas
YES' VOTES 206
NO VOTES 205
MACHINE NO. TOTAL VOTES
CAST
11987
126 332
122 327
The undersigned hereby certify that the foregoing returns of the canvass of votes cast
for the above offices and/or propositions at the election held on February 6, for the
precinct named herein are true and correct.
/s/ Mrs. Ralph Heflin - Presiding Officer
/s/
Mrs. Jack Miller Clerk /s/ Mrs. C. W. Massey, Jr.
/s/
Wm H. Suttle Clerk /s/ Myrtle McCormack
/s/
Jack E. Farmer Clerk
It was moved by Councilman McComb, seconded by Councilman Griffin that the following
Resolution No. 71-18 be passed and approved on first and final reading:
RESOLUTION NO. 71-18
RESOLUTION AND ORDER CANVASSING RETURNS AND
DECLARING RESULTS OF SPECIAL ELECTION HELD IN
CITY Of PEARLAND ON FEBRUARY 6, .1971, ON QUESTION
OF ADOPTION OF CHARTER FRAMED BY CHARTER COMMISSION
AS HOME -RULE CHARTER OF SAID CITY; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, there was held in the City of Pearland, Texas, on the 6th day of
February, 1971, an election at which was submitted to the duly qualified resident electors
of said City, for their action thereupon, the following proposition:
SHALL THE CHARTER -FRAMED BY'THE CHARTER:COMMISSION BE
170
APPROVED AND ADOPTED AS THE HOME -RULE CHARTER OF THE
CITY OF PEARLAND, TEXAS?
WHEREAS, there were cast at said election 659 votes, of which there were cast:
"YES" 332 votes
" NO" 327 votes
MAJORITY FOR11YES11 5 votes
as shown in the official election returns heretofore lawfully submitted to the Mayor
of said City and filed with the City Secretary; and
WHEREAS, only duly qualified resident electors of said City voted at said election,
and said election was called and held in strict conformity with the laws of the State
of Texas; therefore
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1: That the election described in the preamble to this resolution and
order was duly called and notice thereof given in accordance with law; that said
election was held in the manner required by law; that only duly qualified resident
electors of the City of Pearland voted at said election; that due returns of said
election have been made by the proper officers; that said election has resulted
favorable to the proposition: SHALL THE CHARTER FRAMED BY THE CHARTER COMMISSION BE
APPROVED AND ADOPTED AS THE HOME -RULE CHARTER OF THE CITY OF PEARLAND, TEXAS?; and that..
a majority of the qualified voters of said City, voting at said election, have voted
in favor of approving and adopting the Charter framed by the Charter Commission as the
Home -Rule Charter of said City of Pearland, Texas.
Section 2: That the City Council of the City of Pearland, Texas, hereby
officially and affirmatively declares that said Charter has been properly and lawfully
adopted, and is now the Home -Rule Charter of said City, and that the same shall take
effect immediately upon passage and approval of this resolution.
Section 3: The City Secretary is hereby authorized and directed to file an
official copy of the Charter with the records of the City, and is further authorized
and directed to furnish the Mayor a copy of the Charter so adopted, authenticated
and certified by her signature and the seal of the City.
Section 4: The Mayor is hereby authorized and directed to certify to the Secretary
of State of the State of Texas an authenticated copy of such Charter, under the official
seal of the City, showing the approval thereby by the qualified voters of said City.
PASSED AND APPROVED, THIS 8 day of February, 1971.
Motion passed with Councilman McComt, Councilman Griffin, Councilman DeShazer and
Councilman Wasek voting "aye". No "noes"
Motion Car,,,
APPOINTMENT OF CITY MANAGER:
It was moved by Councilman McComb, seconded by Councilman DeShazer that William E. Wolff
be appointed as City Manager for the City of Pearland. Motion passed 4 to 0.
OATH OF'OFFICE - CITIZENS ADVISORY COMMITTEE:
The Oath of Office was given by Mayor Keller to the following members of the Citizens
Advisory Committee:
Jim Bost, Ben Pinales, Richard Tetens, Basil L. Cogbill, David Stock, W. M. White,
Douglas Vaughan, A. A. Kneupper, H. E. Farley, Miguel Pina, and Tommy L. Scott.
Meeting recessed 8:30 P. M. - Reconvened at 8:45 P. M.
NEW BUSINESS:
-
REPORT BY CITY ATTORNEY ON PROPOSED SOLID WASTE DISPOSAL ORDINANCE:
City Attorney Williams discussed the regulations adopted by the Brazoria County
Commissioner's Court on sanitary landfill operations. A workshop meeting was called
for February 11, 1971, at 7:30 P. M. to"discuss this matter further.
CONSIDERATION OF REPEAL OF ORDINANCE NO. 186 AND CONSIDERATION OF REVISED PROPOSED
ORDINANCE - SALE AND HANDLING OF GASOLINE AND VOLATILE LIQUIDS:
Proposed Ordinance No. 213 read in full by Mayor,Keller. It was moved by Councilman
DeShazer, seconded by Councilman Griffin that Ordinance No. 213 be passed on,the first
of two readings. Said Ordinance reads in caption as follows:
ORDINANCE NO. 213
AN ORDINANCE OF THE CITY OF PEARLAND� TEXAS, REGULATING
THE STORAGE, HANDLING AND USE OF FLAMMABLE LIQUIDS BY RETAIL
SERVICE STATIONS; PROVIDING FOR SEVERABILITY; REPEALING
ORDINANCE NO. 186; AND PROVIDING AND EFFECTIVE DATE HEREOF
Motion passed 4 to 0. Councilman McComb, Councilman Griffin, Councilman DeShazer,
and Councilma n Wasek voting "aye". No "noes." Councilman Black absent.
APPROVAL OF'THE'CITY COUNCIL TO MAKE THE GROUP EMPLOYtE HOSPITALIZATION AND LIFE PLAN
N -
It was moved by Councilman Griffin, seconded by Councilman DeShazer that the Group
Employee Hospitalization and Life Plan be made non-contributory for employees only
effective January 1, 1971. Motion passed 4 to 0.
CITY MANAGER'S ITEMS:
REVIEW OF THE CITY'S PLUMBING CODE:
City Manager Wolff stated that he felt it was time to update our Plumbing Code and
suggested that a seven man committee be appointed to review this Code. Two local
plumbers to be included on this committee. Mayor Keller stated that he would
have names for council consideration at the next regular meeting of such a committee
to work through the Planning Commission as set out in the Charter.
ADJOURN:
It was moved by Councilman DeShazer, seconded by Councilman Wasek that the meeting
adjourn. Motion passed 4 to 0. Meeting adjourned 9:30 P. M.
Minutes approved as read and/or corrected this the -,�Z day of
A. D. 1971.
Mayor
Attest:
City Secretary