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1967-10-17 CITY COUNCIL SPECIAL MEETING MINUTES2-1.8 MINUTES OF A SPECIAL MEETING OF THE CITY OF PEARLAND, TEXAS, CITY COUNCIL HELD ON OCTOBER 17, 1967, AT 1:35 P. M. IN THE CITY HALL A special meeting'of the Pearland City Council was called to order by Mayor Pro Tem Gene E. Sanders with the following present: Absent: Mayor Lloyd C. Hawkins Present: Mayor Pro Tem Gene E. Sanders Councilman -.-Aubrey Ellis Councilman E. A. Wasek , Councilman Dale Watson City Secretary W. A. McClellan City Engineer William C. Walsh, Councilman B. J. Courtright Visitors: Frank Barringer, D. A. Love, Leonard W. Shoemaker, P. E., S. A. Hinkley, Jr., Travis Sheffield, Clyde E. Smith and Guy Hardy. Mayor Pro Tem Sanders stated that the purpose of the meeting was to consider recommendations of the Subdivision Committee and the City Engineer concerning the final plat of Field Village Subdivision; to consider the acceptance of the contract with Mainland Construction Company for water and sewer improvements for which bids were opened on September 7, 1967 and such other matters as may properly come before the Council. Following due discussion and based on the Engineers recommendation, a motion was made by Councilman Wasek, seconded by Councilman Watson that Frank Barringer, developer of Corrigan Subdivision, be allowed tp move a manhole from the N. E. corner of his Subdivision to a location�,on the line designated by the City Engineer. Developer to stub out he N. E. corner of his Subdivision. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." Mayor Pro Tem Sanders requested a five minute recess at 9:30 P. M. Following due discussion of the tabled motion concerning the awarding of contracts to Mainland Construction Company, Councilman -Sanders agreed to withdraw the original motion if the second agrees to withdraw, Councilman Watson withdrew his second. A motion was made by Councilman Courtright, seconded by Councilman Watson that award of contracts for "Sanitary Sewer Collection System and Interceptor Trunk Line No. 2," in the amount of $490,213.86., and "Water Distribution System Additions and Extensions," in the amount of $82,962.74, all as bid on September 7, 1967 at 7:30 P. M., City Hall, Pearland, Texas, be authorized to the apparent and best low bidder, Mainland Construction Company, subject to the following: 1. Incorporation of Addendum to Contract between the City of Pearland and Mainland Construction Company dated October 12, 1967. 2: -Subsequent to and conditioned upon Mainland Construction Company accepting the following clause as part of the contract - " Express mention is here made that the City of Pearland is ihthe process of application ;and approval of a grant for Federal Aid through the Federal Water Pollution Control Administration. The C1ty shall not be required to issue (but may at its option or discretion do so) any work order in connection with the project until. it has definite assurance from the above Administration that all of their requirements have been met and the grant has been finally and unconditionally approved." WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." A motion was made by Councilman Watson, seconded by Councilman Ellis. that Mayor Pro Tem Senders be directed to contact the fiscal agent and secure his opinion on the expense and justification of such expense that 2 would be necessitated in having the bond attorneys to review all aspects of the legality of this transaction. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." Councilman Courtright and City Engineer Walsh to check out the advisability of reducing Mainland Construction Company's performance bond to cover only that portion of the contract actually let. A motion was made by Councilman Courtright, seconded by Councilman Watson that the fiscal agent for the City of Pearland be authorized to have the necessary ordinance prepared to h:ol-dan election on the proposition of issuing $400,000.00 worth of sewer bonds. Uaunci ma''p Sanders offered the' following amendment: "''That.' the; lab oVe_motion, be adopted with stipulation of amount (blank) until such time as the CityCst—,.Lt ;gineer and Fiscal Agent can meet and discuss this situation." Amendment �acc 'ted.r' WHEREUPON, the question was asked and the motion carried, �ncilmen present voted "aye" with no It �_,A'motion_-­wi1`s­ made by Councilman Ellis, seconded by Councilman Watson that—the final plat for Section I, Field Village Subdivision be approved, subject to Field Village Drive being widened to 36 feet, back to back, wtih concrete curbs and gutters. WHEREUPON, the question was. asked and the motion carried, all Councilmen present voted "aye" with no «noes . It A motion was made by Councilman Ellis, seconded by Councilman Watson that henceforth the term "Home Owner Permit" will be interpreted.'by the City of Pearland as the place of residence of applicant only and not to exceed a single unit dwelling and will at no time be used for commercial purposes. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." A motion was made by Councilman Sanders, seconded by Councilman Watson that the City Secretary and City Attorney be authorized to draw up the necessary instruments for Council consideration at the next regular Council meeting to advertise for bids for the gasoline and petroleum products from local sources, the above to include the normal- services(Aft&.0 44 received, to cover the o.alendar year 1968. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." A motion was made by Councilman Courtright, seconded by Councilman Watson that Mr. Jack Harrison be authorized to proceed in the. case titled "James Young vs City of Pearland, Court of Civil Appeals, lst Supreme Judicial District, Houston," in accordance with his letter dated October 13, 1967. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." A motion was made by Councilman Courtright, seconded by Councilman Watson that based upon recommendations from the law offices of Jack Harrison, dated September 13, 1967; that the Director of Public Work's take steps as soon as possible to make the necessary connections between the City water system and the water distribution system in Westminister Sub- division; that the well now supplying said ,subdivision distribution system be disconnected from the system; that all residents of Westminister be notified pursuant to Mr. Harrison's recommendations; and that all water payments received for services. in Westminister Subdivision be deposited in a special escrow account until such time as all avenue of appeals have been finalized. WHEREUPON, the question was asked and the motion carried, Councilmen Courtright, Watson and Wasek voted "aye" and Councilmen Sanders and Ellis voting "no." A motion was made by Councilman Courtright, seconded by Councilman Watson that the following resolution be adopted and a copy thereof be forwarded to the Alvin Chamber of Commerce in response to their letter dated October 10, 1967. Be it remembered on this the 17th day. of October, A. D. 1967, the City Council of the City of Pearland, Brazoria County, Texas, convened in a special session at the city hall in the City of Pearland, Texas, with the following members present: z20 Mayor Pro Tem Gene E. Sanders, Councilman Aubrey Ellis, Councilman E. A. Wasek, Councilman Dale Watson and Councilman Courtright. Members absent: Mayor Lloyd C. Hawkins constituting a quorum, at which the following proceedings were had and held: Councilman Courtright introduced a resolution that it be made a matter of record that the majority of the governing body feels that it would be in the best interest of the City of Pearland for the proposed Alvin -Houston Freeway to be located east of State Highway 35 at a the point where it will intersect F. M. 518. A motion was made by Councilman Sanders to table the above motion until the next regular meeting, seconded by Councilman Ellis. WHEREUPON, the question was asked and the motion failed with Councilmen Sanders and Councilmen Ellis voting "aye"and Councilman Watson, Wasek and Courtright voting "no." The original motion calling for the resolution was brought to a vote. Voting "aye" Councilmen Watson, Wasek and Courtright with Councilmen Sanders and.Ellis voting "no." Motion carried. A motion was made by Councilman Wasek, seconded by Councilman Courtright that the meeting adjourn. WHEREUPON, the question was asked and the motion carried, all Councilmen present voted "aye" with no "noes." Meeting adjourned at 11:00 P. M. Minutes approved as read and/or corrected this theme, day of � aA2::A,y� , A. D. 1967. Attest: o �y-e`er-r9 City Sec ary I Mayors r