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1968-08-08 CITY COUNCIL REGULAR MEETING MINUTES71 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF The regular meeting of the City Council of the City of Pearland was called to order by Mayor D. R. Keller with the following present: r— Mayor Councilman Councilman Councilman Councilman City Administrator City Secretary Chaplain Absent: Councilman INVbCATION: D. R. Keller E. A. Wasek B. J. Courtright A. G. Ellis Gene E. Sanders Buford D. Waldrop Dorothy L. Cook James Matlock Dale R. Watson The invobatibnnwas given by Rev. D. 0. Foster, Pastor of the First Baptist Church; Pearland. APPROVAL OF MINUTES: It was moved by Councilman Wasek, seconded by Councilman Courtright that the minutes of the regular meeting held July 25, 1968, be approved as corrected. Motion passed 4 to 0. APPRbVAL OF EXPENSES: It was moved by Councilman Courtright, seconded by Councilman Wasek that the Expense Check List dated August 8,'1968, with the exception of Check No. 3728 which was marked void, Payroll Check List dated 8/15/68, and Construction Fund Check List dated 8/8/68, be approved. Motion -passed 4 to 0. PRESENTATION OF PLAQUES AND RESOLUTIONS: Mayor Keller announced that Judge P. E. Segelquist could not be r- present due to his wife's illness to receive a plaque from the City commending him for his services to the City since its incorporation. It was moved by Councilman Sanders, seconded by Councilman Ellis that the following resolution be adopted: WHEREAS, Judge P. E. Segelquist has served ih the Corporation Court Judge from the incorporation of the City of 72 Pearland; AND, WHEREAS, Judge Segelquist has decided to retire after many years of service to the citizens of Pearland; AND, WHEREAS, the Mayor and City Councilmen wish to express their appreciation for a job well done. NOW, THEREFORE, be it resolved on this the 8 day of August, A. D. 1968, that the Mayor and City Councilmen thank Judge Segelquist for his dedicated service and wish him well in his retirement. EXECUTED on this the 8th day of August, 1968, as unanimously passed by the City Council. Motion passed 4 to 0. W. A. McClellan: Mayor Keller presented a plaque to Mr. W. A. Mc Clellan commending him for his service to the City, and it was moved by Councilman Courtright, seconded by Councilman Wasek that the following resolution be adopted: WHEREAS, W. A. McClellan served as City Secretary from 1964 until 1967, and Tax Assessor -Collector from 1964 until 1968, of the City of Pearland. AND, WHEREAS, the citizens of Pearland appreciate his loyalty to the City during and after his tenure of office. NOW, THEREFORE, be it resolved on this the 8th day of August, 1968, that the Mayor and City Councilmen thank W. A. McClellan for his loyalty and dedicated service to the City of Pearland. EXECUTED on this the 8th day of August, 1968, as unanimously passed by the City Council. Motion passed 4 to 0. ORDER OF BUSINESS: Mayor Keller announced that the order of business would be changed so that the new Corporation Court Judge could be appointed and sworn in. CORPORATION COURT JUDGE: 73 It was moved by Councilman Ellis, seconded by Councilman Wasek that Roy Simmons, Jr. be appointed Corporation Court Judge for the City of zPearland. Motion passed 4 to 0. Mayor Keller administered the oath of office to.Roy Simmons, Jr. r" Judge Simmons announced that the first Court would be held on August 16, 1968, and the second court on August 30, 1968. There- after court will be held on the 2nd and 4th Friday of each month. MAYOR'S ACTIVITY REPORT: Charter Study Committee: Mayor Keller stated that the committee appointments,would be finalized within one week and a complete list would be submitted to the Council by the next regular meeting. Legislative Committee - Texas Municipal League: Mayor Keller stated that he had been asked to serve on the Legislative Committe-e of the Texas Municipal League in Austin, and that he planned to accept this appointment. It was moved by Councilman Sanders, seconded by Councilman Court - right that the City pay Mayor Keller's expenses for the meeting of the Legislative Committee to be held on 8/16/68, and that the budget be adjusted accordingly. COMMITTEE REPORTS: Sleepy Hollow Subdivision - Streets: Councilman Ellis reported that he had attended a meeting of the Sleepy Hollow Civic Club and that they would like to know if the City will do anything about the streets in this subdivision. Also, that there are shell streets in the area where the City has issued four or five building permits. Councilman Ellis requested that no more building permits be issued until the utilities are in and accepted by the City. The Civic Club -,.;would like to know if the City could join the Club in civil action regarding the streets in Sleepy Hollow Subdivision. Mayor Keller asked that the Subdivision Committee, along with the Street and Bridge Committee hold a workshop meeting with the City Attorney to determine if anything can be done in this connection. Colony Park Subdivision: 74 Councilman Ellis reported that the Subdivision Committee met with the Planning Commission on a preliminary study of this subdivision, and as a result a few minor changes were suggested. ORDER OF BUSINESS: Mayor Keller announced that the first item on the agenda under old business would be moved to last item of business. OLD BUSINESS: Awarding of Contract - Petroleum Products: On the recommendation of the City Administrator, it was moved by Councilman Wasek, seconded by Councilman Sanders that the bid be awarded to Christensen's Gulf Service for petroleum products for aJperiod of twelve months. Motion passed 4 to 0. Water Service - McGinnis Subdivision: It was -moved by Councilman Sanders that the plans previously submitted to the Council by the Engineer for the water service into McGinnis Subdivision be finalized to whatever extent is necessary for bidding, and that water service to this subdivision be submitted for bids at the same time as the water service plans are submitted for bids in Twin Creek Woods and Clear Creek Estates. Also, this being contingent on the proposition that service into the McGinnis Subdivision area will be done from any bond surplus money available after consummation of money from the other sub- division mentioned. Motion died for lack of a second. Water Service - Ryan Acres, Brookland Acres, McGinnis Subdivision; and Dixie Farm Road: It was moved by Councilman Ellis, seconded by Councilman Wasek that the City Council authorize the City Administrator to instruct the City Engineer to proceeed with preliminary plans for water service for Ryan Acres, Brookland Acres, McGinnis Subdivision and Dixie Farm Road. Motion passed 3 to 0. Councilman Sanders abstained. NEW BUSINESS• Petition for Annexation - Charles E. Kliesing, et ux: It was moved by Councilman Sanders, seconded by Councilman Wasek that the petition of Charles Kliesing, et ux be submitted to the City Attorney for review and his report back to the Council. Motion passed 4 to 0. 7 Peti-tion for Annexation - DeWitt Green,.Sr., et ux: It was moved by Councilman Sanders, seconded by Councilman Wasek that the petition of DeWitt Green Sr., et ux be submitted to the CitynAttorney for review and his report back to the Council. Motion passed 4 to 0.. 'treliminary Plat - Village Green Subdivision, Section II: It was moved by Councilman Ellis, seconded by Councilman Sanders that the preliminary plat of Village Green Subdivision, Section II, be received by the Council and referred to the Subdivision Committee and Planning Commission for their study and recommendations. Motion passed 4 to 0. Sleepy Hollow Subdivision: It was moved by Councilman Ellis, seconded by Councilman Wasek that the City withhold all building permits in the new section:of Sleepy Hollow Subdivision and on all lots in the old section owned by the subdivision owners of record until all public facilities are brought up to specifications of the City and accepted by the City of Pearland, unless specifically waived by the City Administrator .--- of ,the City of Pearland. Motion passed 4 to 0. It was moved by Councilman Ellis, seconded by Councilman Sanders that final acceptance of all -houses, in the new section of Sleepy Hollow Subdivision currently under construction be withheld until conditions of the previous motion are met, if the City Attorney rules we can legally do so. Motion passed 4 to 0. Mr. Ralph D. Marx and Mr. Ray A. Racca appeared before the Council to complain about the condition of the streets in Sleepy Hollow Subdivision. Councilman Courtright requested a workshop meeting with the City Attorney on August 12, 1968, provided the Attorney is in town and can attend. Sleepy Hollow Divic Club to have representatives present at this meeting. OLD BUSINESS Continued: Gontracts I, II & III Combined: Interce"tor Trunk Line No. 2 (Including Johnston and Texas Avenue. Trunk Lines in C. R. 120, F. M. 51b & Shad crest, and Collection Lines & Laterals in Shadycrest, Creekview and Regal Oaks Subdivision, WPC TEX It was moved by Councilman Ellis, seconded by Councilman Wasek that Contracts I, II & III combined in the amount of $538,049.80, being the alternate bid, be awarded to the Mainland Construction Company, Texas City,'Texas, and that Cashier's Checks be returned 76 to unsuccessful bidders. Motion passed 3 to 2. Councilman Courtright and Councilman Sanders opposed. Mayor Keller voting "aye" to break tie vote. Councilman Sanders discussed a letter from Dalsco, Inc. regarding the Walnut Street sewer line, including Johnston Street and Texas Avenue Lines. Councilman Sanders requested that the following letter be made part of the minutes: "INTERCEPTOR TRUNK LINE EQUIVALENT TO CONTRACT NO. I WHICH WAS SHOWN AS WALNUT STREET AND INCLUDING JOHNSTON STREET AND TEXAS AVENUE LINES August 8, 1968 Honorable Mayor and City Council City of Pearland, Texas Gentlemen: I, the undersigned Contractor, hereby propose to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials and whatever else may be necessary to complete all the work to furnish and equivalent and comparable sanitary sewer system as outlined by plans and specifications shown in the published notice to bidders dated July 3, 1968. This system is to be aDnstructed from plans and specifications furnished by an engineer of my choosing. It shall be constructed according to standard and accepted construction and engineering practices. This system shall be guaranteed by me to perform all functions and services of the afore -mentioned system in an equal to or better manner. The price for this work including engineering costs shall be a firm lump sum of 130,000.00, subject to the following provisions: (1) that the City of Pearland satisfieds itself to being furnished an equal and comparable system without regard to the route or methods used; (2) that the City Engineer will furnish the Contractor his design flows with infiltration allowances separated; (3) that inspection of said system will be furnished by an engineering firm or individual acceptable to the City and to the Contractor; and (4) that the City will furnish to the Contractor an affidavit from the City Engineer stating that it is acceptable to him for another engineer to review or revise his plans. The bidder binds himself upon acceptance of his proposal to executed a contract and furnish performance bond and payment bond each in the amount of one hundred per cent (100 0) of the totil contract price according to specified forms, for performing and completing the said work within the time stated and furnishing a satisfactory maintenance bond indemnifying the City against defective workman- ship and material for a period of one (1) year. The form of contract to be used shall be the 1960 Revision of the Standard Form of Agreement between the Owner and Contractor as adopted by the Texas Section of the American Society of Civil Engineers. The undersigned bidder agrees to commence work within ten (10) days after the date of a written notice to commence work. It is under- stood and agreed that the Contractor shall complete the work within (60) sixty working days. Time for completion shall begin on the tenth day after the issuance of the notice to commence work. The City now holds a certified check for $29,000.00 of which $6500.00 may be retained by the City as liquidateddamages in the event the proposal is accepted by the City within twenty-one (21) days after this date and the undersigned fails to execute the contract and the required bonds with the City under the conditions thereof, within den (10) days after the date said proposal is accepted. This proposal shall be considered part of a contract. TOTAL LUMP SUM CONTRACT 130,000.00 BIDDERS: Dalsco, Inc. BY: Isl David L. Smith David L. Smith, President Address: 3908 East Broadway Pearland, Texas Telephone: 485 2453 ATTEST: /s/ A. L. Poe Secretary It was moved by Councilman Courtright, seconded by Councilman that the Mayor be authorized to executed Contracts I, II & III combined in the amount of $538,049.80 - Mainland Construction Company, Texas City, Texas, and issue work orders for commencement of construction. Councilman Sanders moved that action on the above motion be tabled until such time as the Council could go into this routing situation with the Engineer. Motion died for lack of a second. Mayor Keller called for a vote on the original motion. Motion passed 3 to 1. Councilman Sanders opposed. Colony Park Subdivision: A joint meeting of the Subdivision Committee, Planning Commission and the developer will be held on August 13, 1968, at 7:30 P. M. It was moved by Councilman Sanders, seconded by Councilman Ellis that the final finding of the joint Subdivision Committe and Planning Commission represent the Council's final decision. Meeting adjourned by motion 9:45 P. M. Minutes approved as read and/or corrected this the 22 clay of August, A. D. 1968. Attest: - City S6cretar 77