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1968-05-02 CITY COUNCIL REGULAR MEETING MINUTES7 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,_TEXAS, HELD IN SAID CITY HALL ANNEX ON MAY 2, 196 - AT 7:30 P. M. 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 Gene E. Sanders Councilman E. A. Wasek Councilman A. G. Ellis .Councilman B. J. Courtright City Secretary Dorothy Cook Absent: Councilman Dale Watson INVOCATION: The invocation was given by Mayor Keller. APPROVAL OF MINUTES: It was moved by Councilman Courtright, seconded by Councilman Ellis that the minutes of the regular meeting held on Aril 25, 1968 be approved as amended. Motion passed 4 to 0. CoMMIT .....TEE REPORTS...........:. Stens °& Lights: It was moved by Councilman Ellis, seconded by Councilman Sanders that the following intersections be made four-way stops. Galveston Avenue and Plum Street Galveston Avenue and ,Orange Street Motion passed 3 to 0. Councilman Wasek abstained. DW Truck Bids: Upon the recommendation of the Committee of Councilman Ellis, Councilman Watson and Public Work's Director Escue Harris, it was moved by Councilman Ellis, seconded by Councilman Courtright that the bid made by GMC Truck & Coach Division in the amount of $4411.59 for a GMC truck per specification, with dumping mechanism attached, be accepted as the best submitted. Motion passed 4 to 0. City Secretary instructed to return bid bond checks to the un- successful bidders. 15 Twig -Creek Woods Water Lines and Sewer Site: Councilman Ellis reported that a workshop meeting had been arranged with E. A. Kelly, et al to discuss water lines and sewer plant site in Twin Creek Woods, at 7:30 P. M. at the City Hall, 5/7/68. Police Radios: It was moved by Councilman Courtright, seconded by Councilman Sanders that the City purchase five used two-way radios.sf or use of Police Department,from M. G. Moore at a cost of total $250.00, and that Check No. 3405 on the General Fund be approved in the amount of $250.00, and the budget be amended accordingly. Motion passed 4 to 0. ..................... Shadycrest Area Odor: Mayor Keller reported that he had discussed the matter with Dr. Armbruster. Dr. Armbruster reported that the source of the odor was from the use of raw manure to fertilize a grass farm, and that he would follow through with the owner of the grass farm on this odor problem, however, no known health problem is_ involved. City Secretary instructed to contact the Texas Municipal League and the Texas Air Control Board for information on,air pollution. Subdivision Committee Report: Mr. Lyndon Barringer had requested to be placed on the.Agenda to check the items needed for final acceptance of Willowcrest Section IV., however, Mayor Keller made arrangements for him to appear at a later meeting. City Secretary to mail Mr. Barringer copy of check -off list for this subdivision. SEWER PLANT N0, 2 CONDEMNATIGN PRC?CEEDINGS: It was moved by Councilman Ellis, seconded by Councilman Wasek that I the City authorize Jack Harrison, et al to defend the City of Pearland in the condemnation proceedings - Sewer Plant No. 2, with expenses not to exceed $6,000.00, and that the budget be amended accordingly. Motion passed 4 to 0. W8 8 _& ISTER DRAINAGE - CIVIC CLUB REQUEST: It was moved by Councilman Sanders, seconded by Councilman Ellis that the open drainage ditch referred to in a letter from the 16 Westminister Civic Club dated April -23, 1968 be referred to the Council Drainage Committe-e-, with instructions that they contact the Drainage District -Commissioners -and work out!this matter to the mutual satisfacti-on of the Drainage District and the, citizens. Motion passed 4 to 0. SOUTHERN BUILDING -CODE CONGRESS: It was moved by Councilman Courtright, seconded by Councilman Sanders that upon the recommendation of the Building Inspector,_ the City become an active memberofthe Southern Building Code Congress and approve $25.00 annual membership fee. Motion passed 4 to\ 0. ORANGE STREET CROSSING: It was moved by Councilman Courtright, seconded by Councilman Sanders that the Mayor be authorized to execute the Agreement with the The Atchison, Topeka and Santa Fe Railway regarding use of City equipment on railroad right-of-way and that the following resolution be adopted: Be, it known that on the 2nd day of May, 1968 at a regular council meeting of the City Council of the City of Pearland, Texas, there came on to be considered the matter of the execution of an agreement between the City of Pearland, Texas and TheAtchison,, Topeka and Santa Fe Railway Company, pertaining to the clearing by said City of Pearland, Texas, of certain brush -from the property of said Railway "Company 'in connection with -construction of Orange Street Crossing, whereupon the following proceedings were -had: It was moved, seconded and unanimously voted that D.R. Keller, Mayor, be authorized and empowered to execute -on behalf -of the City of Pearland, Texas, such agreement, a copy of which is hereto attached and that the same be recorded in the Minutes of the City Council at the foot of this Resolution. AGREEMENT As per -your request for letter of authorization for the City of Pearland, or the -City's Agents, to enter upon the Santa Fe property -for -the purpose of clearing brush on each side of the approaches in connection with construction of Orange Street Crossing: This permission is hereby granted with the distinct under- standing that the City shall assume responsibility for injury or death of all persons, and f,or loss of or damage to property sustained I 7 on or about the premises of this company while in the course of clear- ing the aforesaid brush and/or resulting in any manner from the opera- tion on said premises of the motor vehicle or other conveyance used by the City and/or its employees, and the City furthermore agrees to fully defend, indemnify and save harmless The Atchison, Topeka and _- Santa Fe Railway Company, its successors and assigns, from and r -- against all claims, suits, damages, attorneyts fees, cost and expense resulting from any injury, death, loss or damage. THE ATCHISON., TOPEKA AND SANTA FE RR COMPANY By: Superintendent .Accepted: Mayor, City of Pearland, Texas Motion passed 4 to 0. SEWER TRANSMISSION AND TREATMENT FACILITIES____ CLEAR'CREEK ESTATES TWIN CREEK WOODS: It was moved by Councilman Courtright, seconded by Councilman Ellis that the following Resolution be adopted authorizing the Mayor to sign application and necessary documents for sewage facilities in Twin Creek Woods and Clear Creek Estates: RESOLUTION WHEREAS, it is contemplated that the City of Pearland will construct certain sewage transmission and treatment facilites with an estimated total cost of $315,000.00; and WHEREAS, it is found that the City of Pearland is unable to provide the total cost of such improvements; and WHEREAS, it is deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvements. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, that D. R. Keller, Mayor of the City of Pearland be and is hereby authorized and directed to make application and sign the necessary documents required to complete the project on behalf of the City of Pearland, for a federal grant under Public Law 660, as amended; to be applied to the cost of the construction of said sewage facilities. The City of Pearland hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining cost of the approved project. .Adopted this the 2nd day of May, 1968. Mayor, City of Pearland Attest: City Secretary Motion passed 3 to 0. Councilman Sanders abstained. MORMOM, MOCK AND GREEN - PLANNING AGENTS: Mayor Keller stated that this firm was proceeding with a Compre- hensive Plan for the City and had requested the City office to furnish information to them. Mayor Keller requested that a schedule of work progress be sent to all Councilmen. AD VALOREM TAX SERVICES: Mayor Keller recommended that this matter be held in abeyance until a new City Administrator is employed. Councilman Sanders suggested that representatives of Steck and Ad Valorem Tax Records, Inc. be requested to appear before the Council to explain their propositions. BUILDING CODE: Councilman Ellis stated that we needed to have a recommendation from the Building Board that P. V. C. pipe may be used in the City. Councilman Ellis moved that we instruct the City Attorney to draw up an amendment to the Building Code Grdinance that would allow the City to turn down final approval of a home or business where City owned property or facilities have not been restored to their original condition. Seconded by Councilman Sanders. Motion i passed 4 to 0. CITIZENS: Mayor Keller read the following: A request signed by Frances Jamison on April 30, 1968 requests the Council hear Sid Barfield. From this request I quote: "To Discuss the Texas Surplus Property." According to the Statutes of this state - "Petitions and Remonstrances may be presented to the Council in Writing Only." The above, April 30 request, is neither a remonstrance nor a petition. This Council does not act as a "Sounding Board" for discussions. We sit as City Council, We Will Not Discuss The Texas Surplus Property. If the above request for audience with the Council is for the purpose of presenting a WRITTEN REMONSTRANCE or PETITION we will receive it now. We will acknowledge receipt of same and, in due time, act upon your request. In the absence of same, and assuming you feel justified to be discontent with one or more actions of the City, I suggest you submit your problem to the proper authority for whatever action that authority may feel obligated to persue. /s/ D. R. Keller....... ... D. R. Keller, Mayor Copy of the above presented to Mr. Sid Barfield, Meeting adjourned by motion 8:42 P. M. Minutes approved and/or corrected this the q day of A. D. 1968 CITY LAND' C By: Mayor Attest•