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1971-09-27 CITY COUNCIL REGULAR MEETING MINUTES261 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; HELD ON M 7 9 .40 F. M. HALL, 2335 N. TEXAS TEXAS. 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 Cecil W. Griffin Councilman James 0. DeShazer Councilman Carlton McComb Councilman Benny J. Frank City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent: Councilman E. A. Wasek INVOCATION: The invocation was §iven by the Council Chaplain, Dr. Forrest Hawkins. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Attorney Bobby J. Williams. APPROVAL OF MINUTES: It was moved by Councilman McComb, seconded by Councilman DeShazer that the minutes of the regular meeting held on September 13, 1971 be approved as submitted. Motion passed 4to0. APPROVAL OF EXPENSES: - It was moved by Councilman Griffin, seconded by Councilman Frank that the following c hecks I be approved for payment: General Fund Payroll Water & Sewer Payroll General Fund Expenditures Water & Sewer Expenditures Interest & Sinking Fund No. 5061 through No. 5063 5071 through 5104 5064 through 5070 5105 through 5121 3291 through 3321 5230. through 5259 (5aq l54z—void) 75 through 76 26.E Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: 1. Mayor Keller reported that a softball game would be held between the DeMoleys and KIKK radio station personnel on September 28, 1971 at the Lions Park. He urged the audience to attend this game as support of the DeMoleys. COMMITTEE REPORT: Council Committee on Building Code: Councilman Frank, Chairman of this Committee, reported that the Committee had gone over our Code and found that quite a few things were obsolete and some items refer back to the outdated version of the Southern Standard Building Code. Councilman Frank stated that he had discussed the revised Southern Standard Building Code with several people familiar with building codes, and in most every instance the use of the Southern Standard Building Code was recommended, however, before the final recommendation of the Committee, the furnace and airconditioning would need to be included in the Code. The Committee requested an additional two weeks to study this phase of the code. This item to be placed on the next agenda of the -Council. CITIZENS: Toby Lytle - Mr. Lytle appeared before the Council with a request that some type of regulation be adopted by the City Council regarding the blocking of traffic by trains for what he considered an unreasonable length of time. UNFINISHED BUSINESS: OPENING OF BIDS - PATROL UNITS - BID NO. 71-3: Bids were opened as follows: VENDOR MAKE & MODEL DEL DATE PRICE TRADE IN Jack Sollock 1972 Plymouth Police Sp. Order - (1) $3248.00 (2) 6496.00 none Pasadena Dodge 1972 Dodge Polara Police Cars - (1) 3587.40 $650.00 (2) 7174.80 550.00 Saylor Motor 1972 Plymouth 40-60 days 3226.56 each Company Police Cars vehicle plus $50.00 each vehicle 400.00 400.00 for new car service 6� Mayor Keller appointed Councilman Griffin to work with Mr. Wolff to tabulate the bids and make a recommendation to the City Council at the regular meeting to be held on October 11, 1971. DESIGNATION OF THE OFFICIAL'NEWSPAPER: A discussion was held regarding the circulation and cost of legal publications in the: newspapers serving the Pearland area. Information from the newspapers indicated the following: The Houston Chronicle Circulation Daily 2,224 Pearland Area Sunday 2,503 Legal Advertising rate 70¢ per line. Will sign agreement to publish notices at 70t per line until freeze of prices has ended and then a price not to exceed 75¢ per line. Agreement from September 30, 1971 for one year. The Houston Post Circulation Daily 1,465 Pearland Area Sunday 1,570 Legal advertising rate 70t per line. No contiactural'agreements in the Want Ad Department. Sun Progress Circulation Weekly 1,750 Pearland Area Legal advertising rate 5t per wordfor the first insertion and 4t per word for subsequent insertions. One year agreement on the above rates. It was moved by Councilman McComb that we adopt Resolution 71-27 and name the Sun Progress -as the official newspaper for the City of Pearland. Motion died for lack of second. After further discussion relative to the circulation of the three papers serving Pearland, it was moved by Councilman Frank, seconded by Councilman McComb that we name the Sun Progress as the official newspaper for the City of Pearland for the ensuing year. Motion passed 3 to 1. Councilman DeShazer opposed. Mayor Keller read proposed Resolution No. 71-27 in full. It was moved by Councilman McComb, seconded by Councilman Frank that Resolution No. 71-27 be passed and approved. Caption of Resolution No. 71-27 reads in caption as follows: RESOLUTION NO. 71-27 A RESOLUTION OFFICIALLY DESIGNATING THE SUN PROGRESS, Z64 A PUBLIC NEWSPAPER, AS THE OFFICIAL NEWS ORGAN OF THE CITY OF PEARLAND, TEXAS, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman McComb, Councilman Frank. Voting "no" - None Councilman Wasek absent. Motion passed 4 to 0. It was moved by Councilman Griffin, seconded by Councilman Frank that the Mayor be authorized to execute an agreement effective October 1, 1971 for one year at rates of 5� per word for the first insertion and 4� per word for subsequent insertions. Motion passed 4 to 0. Meeting recessed at 8:20 P. M. Reconvened at 8:45 P. M. NEW BUSINESS: IN LIONS CLUB PERMIT TO DISCHARGE FIREARMS WITH CITY LIMITS - TURKEY SHOOT NOV. 6 and 7. The Pearland Lions Club requested that the City grant a special permit to discharge firearms within the City. This would be for the annual Turkey Shoot to be held this year on November 6th and 7th. It was moved by Councilman Griffin, seconded by Councilman McComb that the Pearland Lions Club be granted a special permit for the Turkey Shoot to be held November 6th and 7th, subject to evidence of liability insurance furnished the City and coordination of traffic flow through Chief of Police D. T. Norris. Motion passed 4 to 0. AUTHORIZATION FOR MAYOR TO EXECUTE PURCHASE VOUCHERS - LOCAL PLANNING ASSISTANCE PROGRAM PROJECT TEXAS P-282 - PEARLAND, TEXAS: Mayor Keller stated that the two books for the City of Pearland's Comprehensive Development Plan are complete. The request for payment has been processed through our Planner, Mr. Green. Mayor Keller also read a letter dated September 17, 1971 from Paul G. Reyes Director of Division of Comprehensive Planning wherein Mr. Reyes advised that municipal approval would be needed before making payment to our Planner. It was moved by Councilman;DeShazer, seconded by Councilman McComb that the Mayor be authorized to execute these purchase vouchers, dated September 15, 1971 pertaining to Tex P-282 - Pearland, Texas, in the amount of $4410.00 and $1260.00. Motion passed 4to0. RESOLUTION ACCEPTING TAX ASSESSOR'S CERTIFICATION AND EQUALIZATION BOARD'S CERTIFICATION F' HE'1971'T X L: 265 Mayor Keller read the Tax Assessor's Certification attached to the 1971 Workbook from `which the 1971 Tax Statements will be prepared. The Mayor then read the Certification of the final tax roll by the members of the Board of Equalization. The Board on Sept.27,1971 Certified the following assessed values: r — LAND $10,048,449. IMPROVEMENTS 16,102,854. PERSONAL PROPERTY 3,960,209. TOTAL $30,111,512. Mayor Keller read Resolution No. 71-28 accepting and approving. the Tax Assessor - Collector's Certification and the Board of Equalization's Certification of the 1971 Tax Roll. It was moved by Councilman McComb, seconded by Councilman Gr- ffin that Resolution No. 71-28 be passed and approved. Caption of Resolution No. 71 -28 -reads as follows: RESOLUTION NO. 71-28 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS ACCEPTING AND APPROVING THE TAX ASSESSOR -COLLECTOR'S CERTIFICATION AND BOARD OF EQUALIZATION'S CERTIFICATION OF THE 1971 TAX ROLL. Voting "aye" --Councilman Griffin, Councilman DeShazer, Councilman McComb, and Councilman Frank. - Voting "no" :: None Motion passed 4 to 0. Councilman Wasek absent. FIRST READING - TAX LEVYING ORDINANCE NO. 223: Mayor Keller read proposed Tax Ordinance, -No. 223 in full. It was moved -by Councilman Frank, seconded by Councilman DeShazer that Ordinance No. 223 be passed and approved on first reading: Said Ordinance No. 223 reads as follows: ORDINANCE NO. 223 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 1971, AND APPORTIONING EACH LEVY FOR SPECIFIC PURPOSE.' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: 266 SECTION 1. That there is hereby levied and there shall be collected for the use and support of the municipal government of the City of Pearland, Texas, and to provide interest and sinking fund for the year Nineteen Hundred and Seventy One upon all real, personal, and mixed within the corporate limits of the City subject to taxation, a tax of One Dollar and thirty cents ($1.30) on each One Hundred ($100.00) valuation of property, said tax being so levied and apportioned to the specific purposes set forth. (1) For the maintenance and support of the general government (General Fund) the sum of $0.741 on each $100.00 Dollar valuation of property, and (2) For the Interest and Sinking Fund, the sum of $0.559 on each $100.00 Dollar Valuation of property, to be apportioned as follows: Waterworks & Sewer Sytem Imp. U/L Tax 1961 Waterworks & Sewer System Comb. Rev. & U/L Tax Rfgd. 1963 Waterworks & Sewer Sytem Imp. 1964 Texas General Obligation Bonds - Waterworks & Sewer System Imp. 1966 Texas General Obligation Bonds - Municipal Building Bonds - Waterworks & Sanitary Sewer Bonds 1968 TOTAL $0.559 SECTION 2. All monies collected under this ordinance for the specific items therein named, be and the same are hereby appropriated and set apart for the specific purpose indicated in each item and that the Assessor and Collector of Taxes, the City Treasurer and the City Manager shall so keep these accounts as to readily and distinctly show the amount collected, the amounts expended, and the amount on hand at any time belonging to such funds, it is hereby made the duty of the Tax Assessor and Collector of Taxes and every person collecting money for the City of Pearland to deliver to the City Treasurer and the City Manager at the time of depositing of any monies, a statement showing to what funds such deposit should be made, and from what source received. All receipts for the City not specifically apportioned by this Ordinance are hereby made payable to the General Fund for the City. SECTION 3. That this ordinance shall take effect and be in force from and after its passage on second and fin al reading. Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman McComb and Councilman Frank. Voting "no" - Bone Motion passed 4 to 0. Councilman Wasek absent. APPROVAL OF ADJUSTMENT IN TAX ROLL: The City Council considered the following items submitted by the Tax Assessor -Collector: as errors in acreage in Abstract 508: 1. James A. Phalen - Lot 7 - City has been taxing on 20 acres since 1964, however, only 6.07 acres of land is within the city limits. Taxes paid on 20 acres $856.30 Tax Levy since 1964 on 6.07 ac 259.83 Difference $596..47, 2, Mrs. Roene Cage, Estate - Lot 8 - City has been taxing on 20 acres since 1964, however, only 6.07 acres of land is within the city limits. Taxes paid on 20 acres $856,30 Tax Levy since 1964 on 6.07 ac 259.83' Difference $596,47 3, John M. Sheesly, Trustee - Lot 9 - City has been taxing on 23.12 acres since 1964 only 6.25 acres of land is within the city limits. Taxes- paid on 23.12 acres $983.76 Tax Levy since 1964 on 6.25 ac 265.97 Difference $717.79 4. Winford K. Dumm - Lot 6 - City has been taxing on 20 acres, 1964, 1-965, and 196,6:-, 10 acres from 1967 through 1970, however, only.6,07 acres of land is withi-n the ci-ty limits. Taxes paid on acreage $517.59 Tax Levy since 1964 on 6.09 ac 258.27 Difference $259.32 Total on Items 1, 2, 3, and 4 ......Difference $2170.05 It was moved by Councilman Griffin, seconded by Councilman McComb to authorize refund for overpayment of taxes on Lot 7, Lot 8, Lot 9, and Lot 6 in Abstract 208 for a total amount of $2170.05. Motion passed 4 to 0. DISCUSSION OF SOUTH CITY LIMITS LINE: Mayor Keller asked for a revision of the 1970-71 budget to cover engineering costs for a survey made by the City Engineer south of the present city limits of Pearland. Cost of this survey is $2500,00. The meeting recessed at 9:40 to permit the City Manager time to check on the latest financial statement of the City. Meeting reconvened at 9:50 P. M. City Manager reported to the Council that approximately $1,000.00 was unexpended in the present budget for engineering fees. It was moved by Councilman Griffin, seconded by Councilman DeShazer that the fees 11 �6b for Engineering under the current budget be amended to add an additional $1,500.00. Motion passed 3 to 1. Councilman McComb opposed. ADJOURN: It was moved by Councilman Griffin, seconded by Councilman Frank that the meeting adjourn. Motion passed 4 to 0. Meeting adjourned 9:55 P. M. Minutes approved as submitted and/or corrected this // day of A. D. 1971. Mayor Attest: City Secretary