1968-05-16 CITY COUNCIL REGULAR MEETING MINUTES25
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 Secretary
City Engineer
INVOCATION:
D. R. Keller
B. J. Courtright
A. G. Ellis
Gene E. Sanders
Dale Watson
E. A. Wasek
Dorothy L. Cook
Wm. C. Walsh
Invocation was given by Rev. D. O. Foster of the First Baptist
Church of Pearland.
MINUTES:
It was moved by Councilman Watson, seconded by Councilman Court -
right that the minutes of the regular meeting held May 9th,
1968 be approved. Motion passes 4 to 0. Councilman Wase:k
abstained.
MAYOR'S ACTIVITY REPORT:
NEIGHBCRHaOD Youth Program
The Pearland School Board met and discussed participation in this
project and will be contacting the City. At this time it is
reasonable to say that they will approve the program and will have
the representative from Palacios back to discuss this matter with
the entire School Board by the 27th of May. Mayor Keller will
contact Mr. Prensner and will report later.
Friendswood Bank Alarm System
Mayor Keller reported that Mr. Green of the Friendswood Bank
contacted him regarding installing an alarm system here in our
Police Department's dispatching station since Friendswood does not
have a full time police dispatcher. Gur dispatcher would then
contact Chief Wright in the event the alarm would by set off.
r
One local business man and the bank here are interested in this
system or a similar system.
A discussion was held and Councilman Sanders moved that the request
of Friendswood Bank be denied. Seconded by Council Watson.
'Motion passes 3 to 2. Councilman Ellis and Councilman Courtright
opposed.
Use of Employee's Vehicle in City Business
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Mayor Keller reported that he had discussed this matter with Public
Work's Director Harris and found out that this was due to one of the -
City's vehicles being out of service, however, this vehicle should.
be back in service soon.
.. .. .. . .. ... .. . ...... .. ... .
Answer to Petition - Sidney Barfield
Councilman Ellis suggested that this matter be delayed until the
regular order of business could be concluded. The Mayor and
Council concurred with this suggestion.
COMMITTEE REPORTS:
Right -of -Way Committee:
Walnut Street Sewer:Project
Councilman Watson reported that securing right-of-way south of Walnut
Street in open land looked satisfactory and the Committee would
probably have something more definite at the next Council Meeting.
Orange Street Crossing:
Councilman Sanders requested that an inquiry be made to the A.T. &
S.F. Railway Company regarding the status of the Orange Street
crossing.
Election of Councilmen -at -Large by Position
Councilman Sanders requested that a written legal opinion be given
by the City Attorney by next council meeting, as to whether or not
a City operating under General Law may elect Council -at -Large by
positions.
Twin Creek Woods and Clear Creek Estate Sewer Project
Councilman Courtright reported that the application for Federal Grant
on this project was.delivered Monday afternoon. We were short a
number of small items. This application was received and will be
going through regular channels of processing.
Shadycrest - Creekview Water Lines
Councilman Watson made an inquiry relative to whether or not the
letters requesting people to tie onto lines had been sent to
Shadycrest - Creekview residents. Mr. Walsh reported that the
Contractor was still doing clean-up work on this project, however,
Certificate of Completion should be forthcoming shortly.
Regal Oaks Water Line
Councilman. Sanders reported that 3 or 4 houses outside of Regal
Oaks Subdivision are tied onto this private water system and will
be out of water should this system be abandoned.
Mayor Keller requested the Right -of -Way Committee to check into the
problem of securing right-of-way to this area and report back next
Thursday night.
CITY SECRETARY'S REPORT:
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Sewer Plant on North Side of Clear Creek
Mr. Green of Mormon, Mok & Green checked this with the City of
Houston and was informed that the Turner Report 1964 proposed
a sewer plant to be located approximately 2,000 feet west of
the intersection of Hall and Choate Road. This plant to be
designed to take care of Houston citizens only.
r— Twin Creek Woods Water System
Engineer Walsh reported that it was his opinion that the well and
pressure tank will not fit into the City's plans. This system
was installed in 1960, and the Engineerts estimated replacement
cost on todays market would be $23,324.60, and allowing 25%
depreciation would make the appraised value $17,493.45 for the
system as is, excluding the well and pressure 'tank.
A cost estimate for revising existing system to bring it up to
City standards would $15,840.00
The cost to install a new water system in Twin Creek Woods would
be $29,651.50. This figure does not include service lines and
meter boxes. Engineer Walsh recommended that unless the owners
would take a lot less than his (Mr. Walsh's) appraised value, he
would recommend that the City go ahead and install a new system.
It was moved by Councilman Ellis, seconded by Councilman Court -
right that the owners of Twin Creek Woods water system, E.A. Kelley
and McMillian be contacted and be notified that based on the
Engineer's study and the cost to bring the present system up
to standard for insurance and fire protection, we feel it is in
the best interest of the City of Pearland to parallel their lines,
unless they would be willing to negotiate at a much lower figure
than previously quoted. Motion passed 5 to 0. -
It was moved by Councilman Courtright, seconded by.Councilman
Ellis that the Engineers be authorized to proceed with design of
water lines down Highway 35 and Knapp Road, and distribution of
water within Clear Creek Estates. Motion carried 5 to 0.
It was moved by Councilman Courtright, seconded by Councilman
Sanders that the area Civic Club be so notified of the opinion
of the City Attorney on the question of ownership of the water
system in Twin Creek Woods. Motion carries 5 to 0.
It was moved by Councilman Sanders, seconded by Councilman Watson
that Mayor Keller be authorized to offer the owners of this system
a.figure of $5,000.00 for the said system if it is legally determin-
ed that the City has no legal claim to the system. Motion carried
�- 5 to 0.
GRASS MOWING RESOLUTION TO ORDINANCE #118:
It was moved by Councilman Courtright, seconded by Councilman
Ellis that the following resolution be adopted.
A RESOLUTION DECLARING A NUISANCE EXISTS UPON THE PREMISES
DESCRIBED IN THE INSTRUMENT HERETO ATTACHED AND GIVING
AUTHORITY TO THE DEPUTY HEALTH INSPECTOR
TO ABATE.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
Section 1. That there is a nuisance existing upon the
property and each part thereof described in the instrument
hereto attached and made a part hereof. Said nuisance
being of such a nature as calculated to unduly cause a fire
hazard or a hazard from a health stand -point or both,
injurious to the City of PEARLAND of a large part of
the City and authority is hereby given to the Deputy
Health Inspector to notify the owners of the existing
nuisance and request the owner to abate said nuisance,
failure to do so, by the owners of said property within
five days notice as given to them by the Deputy Health
Inspector, the Deputy Health Inspector shall order the
nuisance abated and costs thereof assessed against said
owners.
PASSED AND APPROVED THIS THE 16 DAY OF May A.D. 1968.
Motion carried 5 to 0.
EQUALIZATION BOARD 1968 ORDINANCE
Ordinance No. 158 read in full by Councilman Ellis. It was moved by
Councilman Courtright, seconded by Councilman Ellis that Ordinance
No. 158 be adopted on first and final reading with Toby Lytle,
George Hastings and Charles Harr as members of Equalization Board
1968, with Councilman Sanders as alternate member. Said ordinance
reading in caption as follows:
AN ORDINANCE APPOINTING_ -A BOARD OF EQUALIZATION FOR
THE YEAR 1968, PRESCRIBING SAID BOARD'S DUTIES,
COMPENSATION AND OATH; FIXING THE TIME FOR THE FIRST
MEETING; PROVIDING THAT THE ORDINANCE SHALL TAKE
EFFECT FROM AND AFTER ITS ADOPTION; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT
Motion passed 4 to 0. Councilman Sanders abstained.
Councilman Sanders stated for the record that he accepted the
position as alternate member with the understanding that he would
receive no pay for his services at his request.
Councilman Sanders made a motion, seconded by Councilman Courtright
that the provisions contained in the constitution and laws of the
State of Texas be made available to each member of the 1968
Equalization Board. Motion passed 5 to 0.
AMENDMENT TO PLANNING COMMISSION ORDINANCE
Ordinance 107-A was read in full by Councilman Sanders. It was
moved by Councilman Sanders, seconded by Councilman Watson that
Ordinance 107-A be adopted on first and final reading with cor-
rections noted. Said Ordinance reading in caption as follows:
AN ORDINANCE AMENDING SECTION TWO (2) OF THE PLANNING
COMMISIION, ORDINANCE NUMBER 107, HERETOFORE PASSED BY
THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, ON JANUARY
28, 1965, AND PRESCRIBING THEIR TENURE.
Motion passed 5 to 0.
Mayor Keller announced that Planning Commission members would be
announced next council meeting.
SHELL BIDS
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3
A discussion was held regarding use -of substitute for mud shell since
it is in short supply.
It was moved by Councilman Courtright, seconded by Councilman
Ellis that one carload of crushed rock, approximately 75 tons of
Texas Highway specifications #242, Type A, Grade 1, 1-1/11 (inch)
maximum size, be ordered from the Texas Crushed Stone Company,
@ $2.80 per ton delivered F.O.B. railroad car, Pearland, Texas.
Motion passed 5 to 0.
_ PLUMBING ORDINANCE AMENDMENT:
It was moved by Councilman Courtright, seconded by Councilman
Ellis that this matter be referred to Councilman Watson, Plumbing
Inspector Herridge and the City Attorney for revision and final
preparation of the necessary amendment or revision to the code.
Motion passed 4 to 0. Councilman Watson abstained.
PETITION - SIDNEY BARFIELD - TEXAS SURPLUS PROPERTIES:.
Mr. Sidney Barfield's petition dated 5/9/68 was read by Councilman
Sanders, with items particularly referred to in)the Petition read
from the list attached to said petition.
Mayor Keller presented Mr. Barfield with written answer and asked
.Mr. Barfield if we wished the answer ,read in public. Mr. Barfield
r stated that we wished the answer read aloud.
Mayor Keller read.the following letter:
j
May 16, 1968
Mr. Sidney Barfield
2201 N. Grand Blvd. Apt -3
Pearland, Texas 77581
Re: Petition - Texas Surplus
Property - 5/9/68
Dear Mr. Barfield:
The Council is grateful for your compliance with its policy
of.written requests.
I, too, am a property owner and citizen of Pearland.
However, I feel a basic difference prevails in the individual's
approach to the benefits and responsibilities implied by pos-
session of that status.
I feel a deep sense of gratitude to the volunteer workers
of our community - the Fire Department,_ Reserve Police Force, and
last but not least our Civil Defense-Organization..-.Tla6se people
volunteer their time and money to protect and safeguard all
citizens and their property. I say money because, in addition
to unselfish devotion of time, they pay dues for the "privilege"
of helping you and I. They have paid handling charges (with
r— their own -money) for our benefit on such items as outboard motors,
radio equipment•, metal detectors, articles of clothing, blankets,
diving suits, etc.
God grant that you and I may never need call on our
local Civil Defense Unit to rescue us from rising flood waters
with that outboard motor; our Police Reserve or regular force
to find a bullet with that metal detector; or volunteers to ----put
on those surplus clothes to fight the fire in our -home-.- - -May
we never need to slice bread or meat for those in the "-soup line"
of a disaster. (Meanwhile our Volunteer fire Department uses
the meat slicing machine and keeps it in repair.)
"Who authorized these purchases?" The City of Pearland.
"Are these purchases in the best, interest of the citizens?"
I think they are.
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"Can the City justify its need for some of these items?"
-- and other questions for which you've petitioned this
Council for answers, I can best reply by asking whether
you are familiar with:
1. The workings of these volunteer organizations, the
City, and the Drainage District?
2. Their rights to possess these articles?
3. The function of Texas Surplus Properties Agency,
and what is meant by the term - "Secondary Use?"
Surely, in your examination of records you took
an unbiased approach and determined that the vast
majority of these items were so classified. If
not, that is the term used to designate junk or
"salvage value" only.
There are those who, in my opinion, consistently reap the
benefits of their neighbor's tax dollars - whose primary con-
tribution to Pearland is notoriety and mistrust - whose capacity
for spreading half-truth rumors and inuendos is excelled only
by their own capacity for self-indulgence and self-interest -
whose shouts of "my rights" are heard above a growing City's
pleading cry for unity, help and trust.
Are these remarks pertinent to this issue? I leave it
to you to judge, for, in my opinion, this issue has become another
in a series of attempts to discredit the City and those people
who contribute their time, efforts, and dollars to build A BETTER
PEARLAND .
Assuming you are, as you indicate in the fourth paragraph
of your petition, "Mindful of the needs of the residents of
Pearland and being familiar with the City's responsibility to ful-
fill these needs --t' and, assuming you contacted the local
Administrator of Civil Defense, Police Chief, City Director or
Public Works, Fire Chief and Chairman of the Drainage Commission,
in your quest for the facts, it is beyond my comprehension to
understand how anyone might fail to recognize savings of thousands
of dollars in equipment legally obtained cannot"--- be in the
best interest of the residents."
To the People of Pearland who pay their taxes I say, you
can rest assured that no City monies have been spent for any item
for which the City has not benefited many times over.
To those who have refused to pay their taxes I say, you
have ceased to warrent any explanation when you refused to support
Pearland.
Yours very truly,
D. R. Keller
Mayor
Meeting adjourned by motion at 9:57 P.M.
Minutes approved as read and/or corrected this the 23 day
of May , A.D. 1968.
Attest:
City Secretar
CITY OF PEARLAND
Mayor D. - -