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1968-02-22 CITY COUNCIL REGULAR MEETING MINUTESFi� MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS HELD IN SAID CITY HALL ON FEBRUARY 22, 196b AT 7:3o P. M. A regular meeting of the City Council of the City of Pearland was called to order by Mayor Keller frith the following present Absent: INVOCATION: Mayor Councilman Councilman Councilman Councilman City Administrator and City Secretary Councilman D. R. Keller , Gene E. Sanders E. A. Wasek Dale Watson A. G. Ellis Jerry D. Henderson B. J. Courtright The invocation was given by Rev. D. 0. Foster, Paster of the First Baptist Church, Pearland, Texas. APPROVAL OF MINUTES: It was moved by Councilman Watson, seconded by Councilman Sanders that the minutes of the regular meeting held February 8, 1968 be approved. Motion passed 3 to 0. It was moved by Councilman Sanders, seconded by Councilman Wasek that the minutes of the special meeting held February 15, 1968 be approved. Motion passed 3 to 0. APPROVAL OF EXPENSES: It was moved by Councilman Sanders, seconded by Councilman Watson that the payroll ending February 29, 1968 be approved with exception of Check No. 2019 and No. 2030, and the regular check list dated February 22, 1968 be approved with the exception of Check No. 3177 and No. 3200. Also, approve the check drawn on the Construction Fund being Check No. 184. Motion passed'3 to 0. It was moved by Councilman Sanders, seconded by Councilman Watson that either Check No. 2019 or Check No. 2030 be approved, whichever is applicable, upon investigation by the City Administrator. Motion passed 3 to 0. MAYOR'S REPORT TO CITY COUNCIL: 8 Mayor Keller reported that he had contacted the President of the School Board, Mr. Johnston, and that he is receptive to holding future elections jointly with the School District, however, it would be impractical to try to get this election jointly due the short time involved. COMMITTEE REPORTS: Councilman Sanders recommended that we honor the contract that we have with the garbage contractors and requested the item be placed on the agenda at the next weeting for action on the renewal fee that is being held in escrow by the City. CITIZENS: Mr. David L. Smith presented a plat of a proposed subdivision outside of the city limits by the name of West Lea, Section III. (Council- man Ellis entered the meeting at 8:40 P. M.) SUBDIVISION• It was moved by Councilman Ellis, seconded by Councilman 1Watson that the plat of West Lea Subdivision, Section III be approved. Motion passed 4 to 0. Mrs. Frances Jamison was recognized and asked again, " Who bought the Time Wai�iants?" No answer was available. Weldon Flanakin was recognized and asked what the City's plans were for extending facilities to a proposed subdivision on Yost Road north of Highway 518. It was moved by Councilman Ellis and seconded by Councilman Sanders that the City assure Mr. Flanakin that at such time as he presents a plat for a Class A Subdivision, the City will provide the facilities available to him to coincide with the completion of said subdivision. Mr. Flanakin also asked the Cityts assistance in obtaining natural gas service along Yost Road. The Mayor directed the City Administrator to work with the Right - of -Way Committee and the Gas Company and come up with a recom- menation for a solution. Mr. Robert Hall appeared and requested assistance from the City Council to require the contractor who dumped dirt on his property about two years ago, to remove the same. He stated that Texala �79 Construction Company, when installing a sewer line along Taylor Lane, had dumped yellow clay on his property about twelve to sixteen inches deep on a strip about three hundred feet lonft and they had graded it and put in about ten loads of sand, but was still a nuisance. Mayor Keller appointed Councilman Sanders and the City Administrator to a committee to meet with the Texala Construction Company and work out a solution to this problem. Mr. Jack Fite was recognized and stated his objections to the City .Council authorizing the installation of drainage tile under County Road 555 at the drainage ditch near his property which would open the road to public use. Mr. Fite presented a letter which was received and filed, further stating his objections. He also requested that the road be barricaded because in his opinion, it was detrimental to him and his property, until such time as enough residents live on that road to justify it being opened. DISANNEXATION PETITION - LEE PLYLER: It was moved by Councilman Ellis, seconded by Councilman Sanders that the previously tabled motion pertaining to the petition dated July 6, 1964 be brought back to the table for discussion. Motion passed 4 to 0. It was moved by Councilman Sanders, seconded by Councilman Ellis that the motion at the meeting held July 9, 1964 pertaining to Mr. Plyler's petition dated July 6, 1964 be rescinded. Motion passed 4 to 0. It was moved by Councilman Sanders, seconded by Councilman Wasek that Mr. Plyler's petition dated July 6, 1964 and signed by Mr. Mr. Lee Plyler et al, and recorded in the minutes of the Council meeting Volume 2, Page 57, be referred to the City Attorney for his opinion as to its legality. Motion passed 3 to 1. Councilman Watson opposed. BIDS - FIRE CHIEF t S CAR: The bids were opened and publicly read as follows: 1968 Model':.Station Wagon VENDOR BID SECURITY DELIVERY DATE AMOUNT Alvin Equipment Co. 127.00 44 days $2526.44 Osborne & Apple 145.00 30 days 2667.40 Bud Brown 135,00 45 days 2699.63 280 It was moved by Councilman Sanders, seconded by Councilman Watson that the bids be referred to the City Administrator and the Fire Chief for tabulation and recommendation. Motion passed 4 to 0. LEASE AGREEMENT FOR CITY BARN: It was moved by Councilman Watson, seconded by Councilman Sanders that the City Administrator negotiate with the owners of the proposed shop building for a one year lease with option to renew the lease each year for 4 years, on a year to year basis. Motion passed 4 to 0. It was moved by Councilman Sanders, seconded by Councilman Watson that in the event that the City Administrator was unable to negotiate for the lease as stated, that an ordinance be adopted authorizing the Mayor to sign the Agreement as presented. Motion passed 4 to' 0. PROPOSED WATER ORDINANCE: It was moved by Councilman Watson, seconded by Councilman Wasek that an ordinance be passed on first reading.captioned as follows: AN ORDINANCE REQUIRING ALL PERSONS, FIRMS OR CORPORATION WITHIN THE CITY OF PE ARLAND, TO CONNECT ON AND USE AVAILABLE FACILITIES IN THE CONNECTIONS WITH EXISTING WATER WHERE SUCH CONNECTIONS RUN ADJACENT TO THEIR PROPERTY LINES AND SUCH SERVICE IS WITHIN 200 FEET OF THE ESTABLISHMENT TO BE SERVED; REQUIRING FRANCHISE, CONTROLLING EXTENSION OF WATER SYSTEM; PROVIDING FOR A PENALTY FOR VIOLATION NOT TO EXCEED 200.00 PER DAY; AND PROVIDING'FOR SEPARABILITY CLAUSE. Motion passed 2 to 1. Councilman Sanders opposed. (Councilman Ellis temporarily absent from the room at 10:45 P. M.) PROPOSED GARBAGE ORDINANCE: It was moved by Councilman Watson, seconded by Councilman Wasek that a proposed ordinance be passed on seconded reading as follows: AN ORDINANCE PROHIBITING THE DUMPING OF TRASH AND GARBAGE AT ANY PLACE BUT DESIGNATED GROUNDS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND TEXAS, AND PRESCRIBING PENALTIES THEREFOR. Motion passed 4 to 0. It was moved by Councilman Sanders, seconded by Councilman Watson that Check No. 3177, made payable to the Diversified Corporation of Pearland be authorized for payment, but held up until the City Administrator determines our position regarding the proposed shop building. Motion passed 4 to 0. It was moved by Councilman Wasek, seconded by Councilman Ellis that 28f Check No. 3200 in the amount of 130.00 made payable to Mr. Jack Titus be approved for payment. Motion passed 3 to 1. Councilman Sanders opposed. UTILITY SYSTEM: Discussion on this item was postponed until the first regular meeting after the April 6th election. AGREEMENT- WALNUT STREET SEWER LINE CROSSING ATSF TRACKS. It was moved by Councilman Ellis, seconded by Councilman Watson to adopt Ordinance No. 147 on the first and final reading captioned as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR TWO (2) PIPELINES ACROSS THE RIGHT OF WAY OF THE RAILWAY COMPANY AT ITS INTER- SECTION WITH WALNUT STREET IN THE CITY OF PEARLAND, TEXAS . Motion passed 4 to 0. TRAILER PARKS: Mayor Keller requested the Subdivision Committee to bring back their recommendation at the next regular Council meeting regarding trailer parks. PLANNING AND ZONING COMMISSION: It was moved by Councilman Sanders, seconded by Councilman Ellis that any action pertaining to the Planning and Zoning Commission be tabled for further study. Motion passed 4 to 0- W T.W . WT..W ("MT r)KT It was moved by Councilman Sanders, seconded by Councilman Watson that Ordinance No. 148 be adopted on first and final reading captioned as follows: AN ORDINANCE SUBMITTING PROPOSITIONS TO THE ELECTORATE AND CALLING FOR AN ELECTION ON APRIL 6, 1968, FOR OR AGAINST. and, that the following items be placed on the ballot for the April 6, 1968 -Election, if declared legal by the Bond Attorneys. FOR OR AGAINST THE FOLLOWING PROPOSITIONS 1. One percent (1%) City Sales Tax, with proceeds to be designated for use in street repair, 282 maintenance and construction and support of Police Department operations. 2. Sale of land: The approximate thirty acre garbage disposal site may be sold or traded by publicly offered bids at Council discretion. Proceeds to be used for street repair and maintenance after retirement of $13,750.00 indebtness against land and defraying cost of sale or for purchase of other garbage disposal site. 3. Sale of old sewer plant site: The approximate five acre, old sewer plant site may be sold at Council discretion by publicly offered bid. Proceeds to be used to repair and maintain streets or for purchase of other garbage disposal site. 4. Salaries - Mayor and City Council: Effective October 11, 1968, the following salaries for elected city officials will be authorized: Mayor $100.00 monthly Councilman 75.00 monthly 5. That the $300,000.00 in bonds remaining unsold at this time be authorized for sale at a rate not to exceed 52� interest instead of 5% as voted in 1964. I, I Motion passed 4 to 0. Councilman Ellis requested that it be entered into the minutes that he opposed the sale of land, even though he voted for the Ordinance. FIRE CHIEF'S CAR: Chief Haskins presented his recommendation to the City Administrator that the City purchase a 1968 Plymouth Belvedere Station Wagon from the Alvin Equipment Company for a car for the Fire Chief. City Administrator concurred in the recommendation. It was moved by Councilman Watson, seconded by Councilman Ellis that upon the recommendation of the Fire Chief and the City Administrator that the bid be awarded to the Alvin Equipment Company in the amount of $2526.44. This amount being the low bid for the Fire Chief's car. Motion passed 4 to 0. SEWER PLANT: It was moved by Councilman Watson, seconded by Councilman Ellis that upon the recommendation of the City Administrator and the legal opinion of the Attorney that the sewer plant operator be 283 permitted to reside in his trailer at the sewer plant site, in order to provide better serve to the plant on a seven day a week basis. Motion passed 4 to 0. SALARY ADJUSTMENT: It was moved by Councilman. Sanders, seconded by Councilman Watson that in fulfilling the conditions of employment that Officer C. D. Kennedy be given a $25.00 per month increase retroactive to February 1, 1968. Motion passed 4 to 0. The City Administrator related a request from Chief Casey that the City of Pearland hold the annual meeting of the Brazoria County Peace Officer's Association, to be held April 2, 1968. It was moved by Councilman Sanders, seconded by Councilman Watson that the City of Pearland host the Brazoria County Peace Officer's Association annual meeting at a cost of approximately $300.00, and that such funds be transferred from the Unappropriated Surplus to the Police Department for this purpose. Motion passed 4 to 0. Meeting adjourned by motion at 12:01 A. M. Minutes approved as read and/or corrected this the / day of A. D. 1968. Attest: y Se etary Mayor