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1968-03-14 CITY COUNCIL REGULAR MEETING MINUTES284 MIN S OF.A REGULAR.MEETING OF THE CITY.COUNCIL OF THE CITY OF A regular meeting of the City Council of the City of Pearland was called to order by Mayor Keller with the following present: Absent: INVOCATION: Mayor Councilman Councilman Councilman Councilman City Administrator and City Secretary Councilman City Attorney City Engineer D. R. Keller Gene E. Sanders E. A*Wasek B. J. Courtright A. G. Ellis Jerry D. Henderson Dale Watson Cesare J. Galli, Jr. William C. Walsh Invocation was given by the Rev. D. 0. Foster, Pastor of the First Baptist Church, Pearland, Texas. APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Wasek that the minutes of the regular meeting held February 22, 1968 be approved as corrected. Motion passed 3 to 0. Councilman Courtright abstained due to the fact that he was absent from the February 22, 1968 regular meeting. EXPENSES: It was moved by Councilman Sanders, seconded by Councilman Courtright that the expenses represented by Checks Nos. 2032 through 2058, Checks Nos. 3216 through 3277 and Checks Nos. 35 through 36 be approved for payment. Motion passed 4 to 0. MAYORfS ACTIVITY REPORT: Mayor Keller presented a letter from Mr. Jack Harrison dated March 12, 1968 stating that the case bet een the City of Pearland vs John Alexander, et al will come before the Court of Domestic Relations on Monday, April 1, 1968 at 9:00 A. M. in Angleton, Texas. It was moved by Councilman,Wasek, seconded by Councilman Ellis that Mr. Jack Harrison be authorized to continue the above stated lawsuit and to hire the experts necessary in the case, with total fees not to r Guo exceed $5,000-00. Motion passed 4.to 0. Mayor Keller reported that he had met with the School Board regarding future elections to be held jointly with the City and that they have referred it to a committee and a report would be made later on. GARBAGE COMMITTEE: Councilman Sanders reported that the garbage contract that we presently has been ruled valid by the Attorney and that the renewal fee should be taken out of escrow and placed in the General Fund of the City. STREET AND BRIDGE COMMITTEE: Councilman Courtright recommended that Fite Road be left status quo because the road is barely passable at this time and will not be used very much. SUBDIVISION COMMITTEE: It was moved by Councilman Courtright, seconded by Councilman Sanders that based on the written concurrence of the Drainage Commission dated March 11, 1968, that the City approve Mr. D. L. Smith's proposal to install underground drainage in, and pave the drainage easement as shown on the plat submitted March 7, 1968 for Sherwood Square, and as shown on Sherwood Subdivision No. 1 plat. Motion passed 4 to 0. STORAGE PERMIT: It was moved by Councilman Courtright, seconded by Councilman Wasek that the Mayor be authorized to sign the contract with the Santa Fe Railway Company authorizing the City of Pearland to store asphalt material on the railroad right-of-way near the depot. A copy of said contract to be on file in the office of the City Secretary. Motion passed 4 to 0. DRAINAGE COMMITTEE - ORANGE STREET: It was moved by Councilman Courtright, seconded by Councilman Sanders that the City Administrator write the ,Drainage Commissioner a letter j • requesting them to install the necessary storm sewer on Orange Street east of the railroad tracks along the north side of the street in conjunction with the paving by the County. Motion passed 4 to 0. CITY PARKS: It was moved by Councilman Courtright, seconded by Councilman Ellis that the three city lots immediately north of the City Hall that are now owned in fee by the City to be as a park, and if legally feasible, a $1.00 per year lease agreement be entered into for the said same purpose. It is understood that at this time that no City funds are to be expended except for a minimum amount for fence around the well and pump, and along the railroad tracks and city labor for general grading and cleaning up of the area. Any service organization, civic club, individuals, etc., will be welcome to participate in developing the area into a playground -picnic park. Motion failed 2 to 3. Opposed: Councilman Wasek, Councilman Sanders, and to break the tie vote, Mayor Keller. Mayor Keller appointed the following committee to make a study concerning city parks: Councilman Courtright, Councilman Wasek and City Administrator Henderson. STREET AND BRIDGE COMMITTEE: Mayor Keller requested the Street and Bridge Committee to study the possibility of applying the escrow fund for Ryan Acres streets for street improvements and report back &t the next regular Council meeting. ARBITRATION COMMITTEE: Councilman Sanders reported that the committee had met with Mr. Robert Hall and Mr. Homer Trimm of Texala Construction Company, and that an amicable agreement had been reached in their dispute, knd that there are letters in the file of the City Secretary's office in evidence of this. CITIZENS: Mr. Ed Spradley was recognized and requested that the City C�uptn authorize him to extend the side building line on Lot.34 and in Linwood Addition further toward the front. It was moved by Councilman Courtright, seconded by Councilman Ellis that the building line along the north side of Lot 34 and 35 of Block 1, Linwood Addition, Section II, be changed to 10 feet in width along the entire length of the lots on the north side. Motion passed 4 to 0. (A copy of the letter of request and map attached thereto to be placed in the Linwood Subdivision file, also attached to the plat map in the map case.) Larry Loessin was recognized and presented a plat of Turner Subdivision and requested permission to subdivide a partial of land joining Turner Subdivision into 60 x 120 ft. lots as are in Turner Subdivision and requested that the Subdivision be amended accordingly. This was 4- 6, referred to the Subdivision Committee for recommendations at the next regular meeting. Mrs- Frances Jamison was recognized and asked about the $105,000.00 Time Warrants. No answer was available at this time. Mr. Lee Plyler was recognized and asked what action would be taken on his petition. Mayor Keller stated that upon the advice of the Attorney at the time the petition was filed no action was taken. Mr. Charles Schupp was recognized and stated that his tax statement did not agree with the values agreed to before the Equalization Board. The matter was referred to the City Administrator to meet with Mr. Schupp and work out his difficulty. BIDS FOR CHLORINE: Bids for chlorine were received and the results were read as follows: Diamond Shamrock Chemical Company 11.•96¢ per lb. Schwartz Company, Inc. ll¢ per lb. Houston Salvage Pool no bid Dixie Chemical Company 12¢ per lb. l I It was moved by Councilman Courtright, seconded by Councilman Wasek that the bids be referred to the City Administrator for tabulation and recommendation. Motion passed 4. to 0. WATER ORDINANCE: After the proposed water ordinance was read by caption, second reading, it was moved by Councilman Sanders, seconded by Councilman Courtright to pass the proposed water ordinance on second reading captioned as follows: AN ORDINANCE REQUIRING ALL PERSONS, FIRMS OR CORPORATIONS WITHIN THE CITY OF PEARLAND TO CONNECT ON AND USE AVAILABLE FACILITIES IN THE CONNECTIONS WITH EXISTING WATER WHERE SUCH CONNECYIONS 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 A PENALTY FOR VIOLATION NOT TO EXCEED $200.00 PER DAY; AND PROVIDING FOR SEPERABILITY CLAUSE: The following amendments to apply: Section 2 - Last line - "except when water is used for non -potable purposes or when no City water is available for adjacent single unit dwellings only." Section 4 - Second line - -8 8 "Every person, firm or corporation who shall omit or refuse to comply with, upon twelve months notice, or who violates any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined any sum not more than Two Hundred (200.00) Dollars for each offense." Motion passed 4 to 0. DUMPING GARBAGE: It was moved by Councilman Courtright, seconded by Councilman Sanders that the proposed ordinance prohibiting the dumping of trash and garbage and trash be adopted on third and final reading captioned as follows: ORDINANCE NO. 149 AN ORDINANCE PROHIBITING THE DUMPING OF TRASH AND GARBAGE AT ANY PLACE BUT DESIGNATED GROUNDS WITHIN THE CORPORATE LIMITS OF THE CITY OF PE ARLAND, TEXAS, AND PRESCRIBING PENALTIES THEREFOR. BOND ELECTION: It was moved by Councilman Courtright, seconded by Councilman Wasek that the proposed Ordinance No. 150 be adopted on its first and final reading captioned as follows: ORDINANCE CALLING BOND ELECTION; PROVIDING DETAILS RELATING THERETO: AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Motion passed 4 to 0. REVOLVING FUND: It was moved by Councilman Courtright, seconded by Councilman Sanders that Ordinance No. 151 be adopted on first and final reading captioned as follows: AN ORDINANCE TO ESTABLISH A REVOLVING FUND FOR THE EXTENSION OF WATER LINES ON A PRO RATE BASIS WITH LAND OWNERS OR WITH RESIDENT OWNERS, AND DECLARING AND EMERGENCY. Motion passed 4 to 0. It was moved by Councilman Ellis, seconded by Councilman Courtright that the previously tabled motion concerning water service to McGinnis Subdivision be broughtback to the table for discussion. Motion passed 4 to 0. It was moved by Councilman Courtright, seconded by Councilman Ellis that 289, 8,9 . upon payment of the tap fee and deposit in escrow of the pro rata share of estimated cost for materials and equipment for a six inch water line on Creekridge Drive, a six inch water line on Dixie Farm Road and Willits Drive plus all necessary appurtenances as shown on the estimate dated February 5, 1968 by at least 50Yo of the residents of those streets, the City will do the following: (a) Install an eight inch water line from its present terminus on McGinnis Drive to the intersection with Dixie Farm Road. All cost to be fr-am the Water and Sewer Operating Fund. '('b) Install an eight inch water line on Dixie Farm Road from McGinnis Drive to Willits Drive. The equivalent cost for a six inch water line is to be borne by contributions and/or the Water Revolving Fund. All additional cost to come from the Water and Sewer Operating Fund. (c) Install a six inch line on Creekridge Drive and on Willits Drive. All material and equipment cost to be borne by contributions and/or the Water Revolving Fund. Motion passed 4 to 0. It was moved.by Councilman Courtright, seconded by Councilman Sanders to adjourn. Motion passed 3 to 1. Councilman Ellis opposed. Meeting was adjourned at 10:25 P. M. Minutes approved as read and/or corrected this the 1,:? day of A. D. 1968. Attest: Ci Sec nary Mayor