1971-11-08 CITY COUNCIL REGULAR MEETING MINUTESW-101
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
NOVEMBER,.B, 1971 AT 7:30 P. M. IN THE CITY 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:
Mayor
r --
Councilman
i
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
INVOCATION:AND PLEDGE OF ALLEGIANCE:
D. R. Keller
Cecil W. Griffin
James 0. DeShazer
E. A. Wasek
Benny J. Frank
Carlton McComb
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
The invocation was given by Council Chaplain, Dr. Forrest Hawkins. Pledge of Allegiance
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 October 28, 1971 be approved as submitted. Motion passed 5 to 0.
APPROVAL Of EXPENSES:
Mayor Keller requested that the explanation under Check No. 3506 be changed from
"Buffer Stip" to"Ordinance 31."
It was moved by Councilman Frank, seconded by Councilman Wasek that the mellowing checks
be approved for payment:
General Fund Payroll
Water & Sewer Payroll
General Fund Expenses
Water & Sewer Expenses
S w r 6onstruction Expenses
Motion passed .5
MAYOR'S ACTIVITY REPORT:
No. 5246 through 5248
5256 through 5292 (Check No. 5267 void)
5249 through 5255
5293 through 5309
3428
through
3506
5302
through
5332
191
through
194
Mayor Keller stated that he had received a notice from Mr. Joe Teller of the Texas
Water Quality Board regarding proposed changes in the procedure of Public Hearings.
City Attorney Williams requested to make a comparison of what the prevailing rules are now
and what the proposed rules, if adopted, will be.
COMMITTEE REPORTS:
-b0
282
Councilman McComb requested that his report be moved to the last item of business
for the Council.
CITIZENS:
Mr. & Mrs. Frank Flores had requested audience with the Council, however, they were
not present at the meeting.
UNFINISHED BUSINESS:
OATH OF OFFICE - DOUGLAS VAUGHAN - MEMBER OF THE PLANNING AND ZONING COMMISSION:.
Mayor Keller administered the Oath of Office to Douglas Vaughan as a member of the
Planning and Zoning Commission.
SECOND AND FINAL READING - ORDINANCE NO. 224 - BUILDING CODE: r
Ordinance No. 224 reading in full by Mayor Keller. This ordinance passed on first'
reading on October 28, 1971. 41
It was moved by Councilman Frank, seconded by Councilman DeShazer that Ordinance No.
224 be passed and approved on second and final reading. Said Ordinance No. 224
reads in caption as follows:
ORDINANCE NO. 224
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, TO BE KNOWN AS THE
"CITY OF PEARLAND BUILDING CODE"; PROVIDING FOR THE ADOPTION
AND INCORPORATION BY REFERENCE OF THE SOUTHERN STANDARD BUILDING
CODE, 1969 EDITION, WITH 1971 REVISIONS OF AMENDMENT THERETO;
CONTAINING OTHER REGULATORY PROVISIONS RELATING TO THE BUILDING
CODE; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE;
REPEAL OF ALL ORDINANCE THAT CONFLICT THEREWITH; PROVIDING AN
EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
Voting "aye" - Councilman Frank, Councilman Wasek, Councilman McComb, Councilman DeShazer,
and Councilman Griffin.
Voting "no" - None
Motion passed 5 to 0.
APPROVAL OF SUPPLEMENTAL TAX ROLL:
The Supplemental Tax Roll 1964-70 was presented to the Council for consideration.
Mayor Keller read the approval of the Equalization Board and the Certification of the
Tax Assessor Collector. The following is the Assessed Value for each year as
outlined in the Board of Equalization's final approval of this roll:
1964
ASSESSED VALUE
$325,595.00
2S3
1965 $325,859.00
1966 363,928.00
1967 363,928.00
1968 363,868.00
1969 366,709;00
1970 363,474.00
TOTAL 1964 through 1970.............$ 2,473,361.00
Proposed Resolution No. 71-30 was read in full by Mayor Keller.
•It was moved by Councilman McComb, seconded by Councilman Griffin that Resolution
No. 71-30: be passed and approved on first and final reading. Said Resolution No.
71-30 reads in caption as follows:
RESOLUTION NO. 71-30
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS ACCEPTING
AND APPROVING THE TAX ASSESSOR COLLECTOR'S CERTIFICATION
OF THE BOARD OF EQUALIZATION'S CERTIFICATION OF THE
1964-70 SUPPLEMENTAL TAX ROLL AND WAIVING PENALTY AND
INTEREST WITHIN CERTAIN TIME LIMITS.
i Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman McComb, Councilman
Wasek; and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
NEW BUSINESS:
RESOLUTIONS TO ISSUE TIME WARRANTS:
City Manager Wolff read letters dated August 16, 1971 and October 22, 1971 from the
Layne Texas Company regarding the condition of the City's water wells and,what it
would take to increase the production capabilities of the City's water supply. Mr.
Wolff advised the Council that he felt that the repair and modification of the City's
present wells would forstall the drilling of a new water well. Mr. Wolff -recommended
that Time Warrants in the amount of $25,000.00 be sold to cover repair, modification
and erection of a ground storage tank at Well Site No. 4.
A discussion was held regarding this recommendation and Mayor Keller read a proposed
Resolution authorizing the giving of notice.to bidders and intention of the City
to issue Time Warrants.
It was moved by Councilman DeShazer, seconded by Councilman McComb to pass and approve
Resolution No. 71-31. Said Resolution No. 71-31 reads as follows:
RESOLUTION NO. 71-31
284
A RESOLUTION AUTHORIZING THE GIVING OF
NOTICE TO BIDDERS AND INTENTION TO ISSUE
TIME WARRANTS FOR THE REPAIR AND MODIFICATION
TO CITY WATER WELL NO. 2, WATER WELL NO. 3,
AND WATER WELL NO. 4; PROVIDING THE DETAILS
RELATING THERETO; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, on several occasions within the past six months, during periods of
peak demand,.there has been a greater demand for water than our existing water system
could supply, and
WHEREAS, an evaluation of the existing water supply system has been made by
the Layne Texas Company, and
WHEREAS, their evaluation expresses that the conditions of the City's wells are
such that in order for them to be reliable, that the pumps should be modified and
lowered within the well casing, and
WHEREAS, the City Council, upon review of the aforementioned report from the
Layne Texas Company, hereby finds that it will be in the best interest of the City
to have this work done in order to assure an adequacy of potable water for the
coming year, and for the general health and protection of the citizens of Pearland,
and
WHEREAS, it is the intention of the City Council to pay for said improvements
by the issuance of Time Warrants:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, THAT:
Cortinn T
That the facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct.
Section II.
That the City Secretary is hereby authorized and directed to cause to be published
in the manner required by law a notice of intention to issue time warrants in
substantially the following form to -wit:
ICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE TIME WARRANTS
To Bidders and to the Qualified voters of the City of Pearland, TExas, whose
names appear in the last approved tax rolls of Property Taxpayers, and to all other
interested persons:
Notice is hereby given that sealed bids, in duplicate, addressed to the City Council
of the City of Pearland, Texas, will be received at the City Hall until 12:00 Noon,
December 3, 1971, at which time they will be publicly opened and read aloud, for
furnishing all labor, materials, supplies, machinery, equipment, tools and superintendence
for the repair and modification to the City Water Works, to -wit:
Well No. 2 equipped with Layne Pump No. 42267
Work to be performed:
(A) Pull pump, perform routine maintenance, replacing all worn parts.
(B) Add one (1) additional stage to pump bowl.
(C) Furnish and install eighty (80') feet pump discharge column.
(D) Re -install pump and conduct production test.
Well No. 3 equipped with Layne Pump No. 48734L
Work to be performed:
(A) Pull pump, perform routine maintenance, replacing all worn parts.
(B) Add additional stage to pump bowl.
285
(C) Furnish and install eighty (80') feet pump discharge column.
(D) Furnish and install 75 H. P. motor. Old motor to be retained by City.
(E) Modify existing motor starting equipment and wiring.
(F) Re -install pump and conduct production test.
Well No. 4 equipped with Layne Pump No. 61866L.
Work to be performed:
r-- (A) Pull pump, perform routine maintenance, replacing all worn parts.
i (B) Furnish and install eighty (80') feet pump discharge column.
(C) Replace noisy motor bearing.
(D) Re -install pump and conduct production test.
A cashier's check, certified check or Bid Bond payable Without recourse to the
City of:Pearland, Texas, in an amount not less than five ,percent (5%) of the largest
possible total for the bid submitted must accompany such bid.
In case of ambiguity or lack of clearness in stating prices in the proposal,
the City reserves the right to adopt price, written in words, or to reject the proposal.
No bid may be withdrawn after the scheduled closing time for the receipt of bids and
for thirty (30) days thereafter, and any bid received after the closing time will be
disqualified and will be returned to the sender unopened. The City reserves the right
to accept any bid deemed most advantageous and to reject any or all bids and waive
any informality.
Notice is also given by the City Council that the City will erect a ground
storage tank with necessary piping and appurtenances at the Well NO. 4 site and that
this work will be done for force account, utilizing city labor and equipment when
possible.
It is the intention of the City Council to pay for all of the costs of repair and
modification to the water wells and the erection of.the ground storage tank by the
issuance of Time Warrants in the maximum amount of .$25,000.00, bearing interest at a
rate not exceeding Six and one-half percent (6 1/2%) per annum, and maturing serially
over a period of years not to exceed Five (5) years from their date or dates, with
maximum maturity date not later than January 1, 1977.
By order of the City Council of the City of Pearland, Texas.
Dorothy L. Cook
City Secretary
City of Pearland, Texas
Section III.
That the,notice set forth in Section II of this resolution shall be published
in the Sun Progress, once a week for two (2) consecutive weeks prior to December 3, 1971,
the date of the first publication to be least fourteen (14) days prior to December 3,
1971. It is hereby found and declared that the Sun Progress is the official newspaper
of the City of Pearland and is a newspaper of general circulation within the City of
Pearland, Texas. A copy of said notice shall also be posted at least fourteen (14)
days prior to December 3, 1971.
Carti"nn T1/
That this resolution shall take effect from and after its passage.
Passed and approved this day of 1971.
Ci an e s
D. R. , Kel Mayor -
Attest:
City Secretary
Voting "aye" on Resolution No. 71-31 - Councilman Frank, Councilman Wasek, Councilman
McComb, Councilman DeShazer and Councilman Griffin.
286
Voting "no" on Resolution No. 71-31 - None
Motion passed 5 to 0.
A discussion was held regarding the need for some interim financing in order to begin
the City of Pearland Street Paving Policy Resolution No. 71-26.
A proposed Resolution authorizing the giving of notice of intention to issue Time
Warrants was read by Mayor Keller.
It was moved by Councilman McComb, seconded by Councilman Griffin that Resolution No.
71-32 be passed and approved. Resolution No. 71-32 reads as follows:
RESOLUTION NO. 71-32
A RESOLUTION AUTHORIZING THE GIVING OF NOTICE
OF INTENTION TO ISSUE TIME WARRANTS; PROVIDING
THE DETAILS RELATING THERETO; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council of the City of Pearland, Texas, has determined, and
hereby determines and declares, that it is necessary and desirable for the City to
construct permanent street improvements within certain areas of the City in which
60% of the property owners on any street, or 600 foot portion thereof, have agreed
to participate with the City in the cost of said improvements, and
WHEREAS, the terms and conditions of participation as expressed in the City
of Pearland Street Paving Policy Resolution No. 71-26 make it necessary for the City
to construct the indicated streets and pay for all materials prior to billing the
residents along such streets for their participation cost, and
WHEREAS, certain property owners who will not participate with the City in
street improvementswill be assessed for the improvements in accordance with applicable
State Statutes thereby making it necessary for the City to finance certain portions of the
project for a period of time, and
WHEREAS, the City Budget for the Fiscal Year of 1971-72 did not include funds for such
improvements, thereby making it necessary and desirable to issue Time Warrants of the
City for the purpose of evidencing the indebtedness of the City to pay part of the
cost of said improvements as heretofore expressed,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
CArtinn T
That the facts and recitations contained in the preamble of this Resolution are
hereby found and declared to be true and correct.
Section II.
That the City Secretary is hereby authorized and directed to cause to be published
in the manner required by law a notice of intention to issue Time Warrants in sub-
stantially the following form, to -wit:
Notice of Intention to Issue Time Warrants
To the Qualified Voters of the City of Pearland, Texas, whose names appear
in the last approved tax rolls of Property Taxpayers, and to all other interested
persons:
Notice is hereby given, that it is the intention of the City Council to pay for
a part of the cost of constructing permanent street improvements within certain areas
of the City, in which 60% of the property owners on any street, or 600 foot portion
thereof, have agreed to participate with the City in the cost of said improvements
287
as expressed in the City of Pearland Street Paving Policy REsolution No. 71-26, by the
issuance of Time Warrants in the maximum amount of°$50,000.00:
Said Time Warrants to bear interst at a rate not to exceed Six and one-half
percent (6 1/2%) per annum, and maturing serially over a period of years not to exceed
Five (5) years from their date or dates, with maximum maturing date not later than
January 1, 1977.
By order of the City Council of the City of Pearland, Texas.
r—
Dorothy L. Cook
City Secretary
City of Pearland, Texas
Section III.
That thenotice set forth in Section:II of this resolution shall be published
in the Sun Progress, once a week for two (2) con,secutive weeks prior to December
3, 1971, the date -of the first publication to be at least fourteen (14) days prior
to December 3, 1971. It is hereby found and declared that the Sun Progress is the
official newspaper of the City of Pearland and is a newspaper of general circulation
within the City of Pearland, Texas. A copy of said notice shall also be posted at
least fourteen (14) days prior to December 3, 1971.
Section IV.
That this.resolution shall take effect from and after its passage.
Passed and approved this
Attest:
City Secretary
day of 1971.,
CI P ARL ND S
D. K 1 er, Mayor
Voting "aye" on Resolution No. 71-32 - Councilman Griffin, Councilman DeShazer,
Councilman McComb, Councilman Wasek, and Councilman Frank.
Voting "no" on Resolution No. 71-32 - None
Motion passed 5 to 0.
"CITY MANAGER'S ITEM:
AUTHORITY TO ASK QUOTATIONS ON WATER AND SEWER LINE SUPPLIES:
City Manager Wolff advised the Council would be installing some water and sewer lines
within the.e next fiscal year and rather than purchasing small quantities, he would like
to try and estimate the total needs for this fiscal year. A better price could be
obtained rather than trying to bid small projects.
It was moved by Councilman DeShazer, seconded by Councilman McComb that the City:Manager
be authorized to secure bids on water and sewer line supplies for the current budget
year. Motion passed 5 to 0.
MEETING RECESSED 8:45 P. M. - RECONVENED AT 9:00 P. M.
COUNCILMAN McCOMB'S SPECIAL REPORT:
288
Councilman McComb requested that a letter of appreciation be sent to Congressman Casey
in Washington, D. C. for all the help he gave him and the City during the three days
he was in Washington.
Councilman McComb attended the Hearings of the Conservation and Natural Rescources
Subcommittee of the Committee on Government Operations, United States House of
Representatives. These Hearings started on October 27, 1971 and continued through
October 29, 1971. The
specifics of
the Hearings were
on
phosphates and all
of the
ramifications involved as
it affects
eutrophication.
Mr.
McComb testified
before
this Committee on October 29, 1971 and explained the plight of the City of Pearland
in trying to comply with an Order by the Water Quality Board regarding the discharge
of effluent into Clear Creek.
Councilman McComb.stated that his report to the Council would be in three parts,
the next report to be at the next regular meeting or the one following. A complete
transcript of the Hearingswill be available in two or three months for the records
of the City.
Mayor Keller requested that the records show that Councilman McComb had an excused
absence from the regular meeting of October 28, 1971 due to his attendance of the
Hearings on behalf of the City.
ADJOURN:
It was moved by Councilman DeShazer, seconded by Councilman Frank that the meeting
adjourn. Motion passed 5 to 0.
Meeting adjourned 9:40 P. M.
Minutes approved as submitted and/or corrected this 2 day ofa-u�����
A. D. 1971.
Attest:
ity Secretary