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1969-03-13 CITY COUNCIL REGULAR MEETING MINUTES172 MINUTES. OF A REGULAR MEETING OF THE CITY COUNCIL.OF THE CITY OF PEARLAND TEXAS.HELD IN THE CITY HALL ANNEX ON MARCH 13, 19 0 -P--M- A .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 E. A. Wasek Councilman B. J. Courtright Councilman Aubrey G. Ellis (Entered 7:45 P. M. ) Councilman D&le Watson Councilman Gene E. Sanders City Administrator Buford D. Waldrop City Secretary Dorothy L. Cook INVOCATION: The invocation was given by Howard Stanford. APPROVAL OF MINUTES: It was moved by Councilman Courtright, seconded by Councilman Watson that the minutes of a special meeting held on February 20, J1969, be approved. Motion passed 4 to 0. Councilman Ellis not present at this time. —, Councilman Ellis entered at 7:45 P. M. It was moved by Councilman Sanders, seconded by Councilman Watson that the minutes of a special meeting held on February 22, 1969, be approved with corrections. Motion passed 5 to 0. It was moved by Councilman Sanders, seconded by Councilman Courtright tHtt the minutes of a regular meeting held on February e7, 1969, be approved with corrections. Motion passed 5 to 0. It was moved by Councilman Ellis, seconded by Councilman Watson that the minutes of a special meeting held on March 6, 1969, be approved�,< Motion passed 4 to 0. Councilman Courtright abstained. APPROVAL OF EXPENSES: It was moved by Councilman Courtright, seconded by Councilman Ellis that the following checks be approved for payment with the exception of Check No. 455 which is to be withheld. General Fund Expenses #430 thru # 475. (#455 withheld) Water & Sewer Expenses #4009 thru #4030. (#4027 void) Sewer Construction Fund #112 thru #113. Water Construction Fund #198 thru #200. Sanitation Fund #104 - Building Fund # 2. Water & Sewer Payroll #2405 thru #2410.(2409 void) General Fund Payroll #2304 thru #2404 Motion passed 5 to 0. 173 COMMITTEE REPORTS: It was moved by Councilman Sanders, seconded by Councilman Watson that the City of Pearland recall all of its legal affairs in all cases pending, present, or future and replace them in the hands of the present City Attorney with the direction to him to utilize the services of the r-- City's special legal council, Mr. Robert Randolph of Vinson, Elkins, Searls & Connelly, as required to adequately represent the City. The City Administrator is hereby directed to notify all attorneys concerned. The above action to exclude bond and tax matters which will continue to be handled in the present manner. Motion passed 3 to 2. Councilman Wasek. and Councilman Ellis opposed. It was moved by Councilman Sanders, seconded by Councilman Courtright that the City Engineer, having previously confirmed that force line transportation of sewage effluent from Twin Creek Woods/Clear Creek Estates Subdivision, south down the Old Alvin Road dedication to the old sewer plant at Orange Street and Old Alvin Road is feasible, and since the City Attorney has determined that this dedication is valid, that: (1) That the Engineer be authorized and directed to commence the necessary revisions to existing plans immediately and to expedite their completion. These revisions to be complete as previously promised, by March 27, 1969. (2) That the Mayor, the City Administrator and the Engineer be authorized and directed to correlate, expedite, and finalize with all possible haste all transactions necessary for approval of the construction of this project on the revised basis by The Texas Water Quality and/or all other governmental or quasi governmental agencies concerned. (3) That the City Administrator is hereby authorized to advertise for bids in the usual manner as soon as all phases of engineering, governmental,approval, etc. are finalized. (4) That all efforts be expended to allowithe awarding of a contract for this work by the present Council if at all possible. (s) That the City Administrator be directed for forward a a copy of this motion and such other clarifying corres- pondence as he deems necessary and proper to each and every abutting property owner of record -while extending - them an invitation to meet with the Council at 174 7:30 P. M. on March 20, 1969, in Council Chambers for any desired discussion of this project. Motion passed 5 to 0. Street Lights: It was moved by Councilman Sanders, seconded by Councilman Watson that the previous motion authorizing a street light on the hair -pin curve on Taylor Lane be rescinded due to the fact that the Administrator's investigation of the area determined that no pole was available on which to place this street light. Motion passed 4 to 0. Councilman Wasek abstained. Building Code Amendment: It was moved by Councilman Ellis, seconded by Councilman Sanders that the amendment to the Building Code referred to in the minutes of February 27, 1969. - " Final approval be withheld on all structures, either public or private, built on streets where open ditches now exist until reinforced concrete pipe has been installed along the entire front of the lot shown on the drawings. Also, any person or persons constructing buildings on corner lots will be required to furnish reinforced concrete tile on both sides. Pipe to be sized by the City Engineer and installed by the City. On state highways or city streets where dual rows of pipe are required the City will furnish one row." be rescinded and that no action in regard to this amendment be taken. Motion passed 5 to 0. Mayor Keller appointed Councilman Wasek and Councilman Ellis as a committee to work out a policy for the City regarding tiling drainage ditches. Water & Sewer Taps: Councilman Ellis requested the City Administrator to furnish figures of money expended from July 1968 to date on installation of water & sewer taps to Mr. Ben Felts or others. Dalsco, Inc.: Councilman Sanders requested a workshop meeting for the purpose of meeting with Dalsco, Inc. - Mr. David Smith in an effort to resolve several differences between the City and Dalso, Inc. and/or David Smith. Mr. Smith has indicated he wishes to discuss Regal Oaks Water System, Brookland Acres Water System, NottiRfham cStreet and Westminister Drive. Mr. Smith to be notified to submit/proposal in writing. Workshop schedule 8:00 A. M. to 10:00 A. M. on Saturday, March 15, 1969. 175 Meeting recessed 9:30 P. M. - Reconvened 9:38 P. M. Awarding of Bid - Fire Station: It was moved by Councilman Ellis, seconded by Councilman Watson that the City of Pearland award the bid to Cinco Building Corporation on the base bid of 31,881.00 at the lowest and best bid, for one main station and two substations and that the Pearland Volunteer Fire Department within a period not to exceed ten days will execute a Deed of Trust to the City of Pearland for the present fire station site and building. Upon completion of one building under the base bid that the Pearland Volunteer Fire Department execute a General Warranty Deed to the City of Pearland. All instruments to be drawn by the City Attorney. Motion passed 4 to 1. Councilman Wasek opposed. City Barn: It was moved by Councilman Courtright, seconded by Councilman Sanders that the City Administrator submit to the City Council at the special meeting to be held March 20, 1969, some positive plans for action by the Council at this meeting, and it be further -understood that the proposal reTa.tes to Bid No. 69-4 - Cinco Building Corporation for an additional building with a square foot bid not to 'exceed $3.95 per sq. ft. Motion passed 5 to 0. It was moved by Councilman Wasek, seconded by Councilman Ellis that the bid security checks included in the Fire Station Bids be returned to the unsurcessful bidders. Motion passed 5 to 0. It was moved by Councilman Watson, seconded by Councilman Courtright that the Mayor be authorized to execute the contract -with the Cinco Building Corporation for construction of fire station and substations. Motion passed 5 to 0. It was moved by Councilman Sanders, seconded by Councilman -Watson that due to the action of the City Council in awarding the bid to the Cinco Building Corporation that they be authorized at this time to enter their orders for steel for the three fire stations building, even through the formal contract has not been executed. Motion passed 5 to 0. Dog Ordinances: It was moved by Councilman Courtright, seconded by Councilman Wasek that Ordinance No. 173, be amended to read as follows: (Entire ordinance read to Council) CAPTION AS FOLLOWS: ORDINANCE NO. 173 (Amended) AN ORDINANCE SETTING FORTH LICENSING PROVISIONS FOR ALL DOGS; PROHIBITING DOGS -FROM BEING AT 176 LARGE ON PUBLIC OR PRIVATE PROPERTY; DEFINING TERMS; PROVIDING FOR VACCINATION OF DOGS; PROVIDING FOR CONFINEMENT OF DOGS EITHER IN "DOGPOUND" OR UNDER SUPERVISION OF LICENSED VE- TERINARIAN; PROVIDING FOR NOTICE OF IMPOUNDED DOGS AND RELEASE OF DOGS IMPOUNDED UPON PAYMENT OF FEES; PROVIDING FOR DISPOSAL OF DOGS NOT REDEEMED; PROVIDING FOR RECORDS; PROVIDING FOR VICIOUS DOGS; PROVIDING FOR UNCONSTITUTIONALITY OF CERTAIN SECTIONS HEREOF; REPEALING ORDINANCES IN CONFLICT HEREWITH AND MAKING CERTAIN SECTIONS HEREOF APPLICABLE TO OTHER DOMESTIC ANIMALS. Said revised Ordinance No. 173 to be passed on second of three readings. Motion passed 5 to 0. It was moved by Councilman Sanders, seconded by'Councilman Ellis that Ordinance No. 174 - be passed on second reading and further that the Mayor appoint a committee to correlate and combine Ordinance No. 173 and No. 174 into one ordinance. Said Ordinance No. 174 reading in caption as follows: ORDINANCE NO. 174 AN ORDINANCE PROVIDING A TAX, LICENSING AND VACCINATION AS PROTECTION AGAINST RABIES, PRO- VIDING OWNER RESPONSIBILITIES AND PROVIDING A PENALTY. Motion passed 3 to 2. Councilman Courtright and Councilman Watson opposed. Mayor Keller appointed Councilman Sanders and Councilman Courtright to this Committee. Electrical Ordinance (Revised): It was moved by Councilman Ellis, seconded by Councilman Sanders that the third reading of the revised electrical ordinance be postponed until the next regular meeting. Motion passed 4. to 1. Councilman Wasek opposed. NEW BUSINESS: Petition - Yost Road (Water Service): It was moved by Councilman Courtright, seconded by Councilman Sanders that petition be received and problem be referred to the City Administrator for possible solution to be prepared and report back to the City Council at the next regular meeting. Motion passed 5 to 0. 177 Meeting adjourned at 10:40 P. M. Mayor Keller reconvened meeting to hear Mr. Frank Barringer at 10:41 P. M. A discussion was held regarding Corrigan Section II with Mr. Barringer. r-4 A motion was made by Councilman Sanders, seconded by Councilman Watson that building permits will be authorized in Corrigan Subdivision Section II prior to final approval of the subdivision's physical characteristics, Each permit so issued will be noted on its face that final inspection will not be made until the subdivision is finally approved. Motion failed 4 to 1. Councilman Watson, Councilman Courtright and Councilman Wasek. and Councilman Ellis opposed. Meeting adjourned by motion 11:14 P. M. Minutes approved as read and/or,"corrected this the 27 day of March , A. D. 1969. 0 WA• " ' J MW. LV�gL r�416 AA ATTEST: City Secretary