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1969-04-02 CITY COUNCIL SPECIAL MEETING MINUTESA special 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 Councilmdn Councilman City Administrator City Attorney City Secretary D. R. Kellet E. A. Wasek B. J. Courtright Aubrey 6. Ellis Dale Watsdn Bene E. Sanders Buford D. Waldrop Bobby Williams Dorothy L. Cook INVOCATION: The Ynvoeation was given by Mayor Keller. PURPOSE OF THE MEETING: 1. David L. Smith, Inc. proposal. It was moved by Councilman Sanders, seconded by Councilman Watson -- that the previous motion made in the meeting of March 27, 1969, regarding the proposal of David L. Smith, Inc. and postponed by Council action, be brought to the table for Council consideration. Motion passed 3 to 2. Councilman Ellis and Councilman Wasek opposed. Mayor Keller read the following motion which was postponed from the meeting on March 27, 1969: It was moved by Councilman Sanders, seconded by Councilman Watson that believing it is in the best interests of the City to procure the last remaining private water systems within the corporate limits without litigation while also resolving other troublesome issues between the City and some of Mr. David L. Smith's operations, that his proposals as evidenced by his letter of March 25, 1969, be accepted with the following understandings and alterations: (1) That he pay to the City the sum of $2860 (rep- resenting $3.00 per ft. for 960 feet - the distance from the northerly side -of Stratford Street to the southerly side of the last cul-de-sac in Sherwood II) for black -top paving of Westminister Drive. (2) That he agree to lease to the City for the sum of $1.00 yearly the water tank, pump and appurtenances in_ the Brookland Acres Water System. (3) That he agree to plug all wells to State of Texas requirements at such time as he salvages the pumps. ,r 1:86 t4) That he grant a ten foot easement for a water line across his property (formerly Sinclair Refining property) to connect City services from Sherwood II to the Nottingham service at the well now servicing Nottingham (this being the same well currently owned by James C. Young, et al). This portion of this agreement subject to approval by lien holder of record. (5) That he recognize the existing road easement for Westminister Drive across the former Sinclair properties or if necessary to assure continuous right of way for this Drive from Old Alvin Road to East Broadway, that he grant one of sixty foot width. This portion of this agreement subject to approval by lien holder of record. (6) That legal instruments satisfactory to the City Attorney to consummate this whole agreement will be submitted at the earliest possible date. City Attorney Williams was requested to give his opinion as to the legality of this proposal as made by Mr. Smith in his letter of March 15, 1969. Mr. Williams furnished the Mayor and Council copies of Article 974a Vernons Ann. Civfl Statutes - Cities, Towns and Villages - Title 28. He stated that a portion of Mr. Smith's UTH sal was not acceptable because of the above cited statute/prohibits the City from providing services, therefore, since the proposal was on an all -or -none basis, he could not recommend acceptance of this proposal. Mr. Smith stated that he was willing to meet with the City Attorney and Council. He also stated that he,was willing to leave the proposition as is until the said meeting could be held and that it was up to the Council to choose to reject the proposal or leave it open until a meeting could be arranged. Mayor Keller stated that the City could go either route. Mr. Smith agreed that either one would be acceptable to him. Mayor Keller stated for the record that from Mr. Smith's comments he understood that the stipulation of time period in the proposal was lifted or removed. Mr. Smith agreed to this statement. Mayor Keller stated he would entertain the following motion: It was moved by Councilman Sanders, seconded by Councilman Watson that the City Administrator draw upon the City records information pertaining to the platting of any suggested or suspected areas that fall in this catagory. That they be researched and the Council be advised by telephone or by whatever means as soon as the informa- tion is gathered, so that a meeting can be held,het:�,46en the City Council and those people who are interested parties, namely sub- 187 dividers, who'fall within or without the law. Motion passed 5 to o. Corrigan Section II: Councilman Sanders requested that the matter of Mr. Frank Barringer's letter to City Administrator Waldrop, with carbon copies to Mayor and Councilmen, dated March 26, 1969, be discussed. This letter had reference to release of building permits in Corrigan Section II. It was moved by Councilman Sanders, seconded by Councilman Court - right that we issue the ten (10) building permits as requested in Mr. Barringer's letter of March 26, 1969 with the following stipulations: (1) That they be noted on the face to be used for FHA financed buildings only. (2) That it be noted on the face that no final.acceptance be made on house until such time as subdivision is finally approved. (3) Consequently no City services will be connected until final approval of the subdivision. It was moved by Councilman Courtright, seconded by Councilman Wasek that the above motion be postponed until the next regular Council meeting and that Mr. Barringer be notified to appear at this meeting. Motion passed 4 to 1. Councilman Sanders opposed. ADJOURN: Meeting adjourned by motion 8:55 P. M. Minutes approved as read and/or corrected this the day of A. D. 1969. Attests City Secretary CITY By: