1968-03-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES 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:
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
City Adminstrator
& City Secretary
Chaplin
City Attorney
D. R. Keller
Gene E. Sanders
E. A. Wasek
Dale Watson
A. G. Ellis
B. J. Courtright
Jerry D. Henderson
James Matlock
Cesare J. Galli, Jr.
INVOCATION•
Invocation was given by Rev. Kelley, pastor of the First Presbyterian
Church, Pearland, Texas.
APPROVAL OF MINUTES:
It was moved by Councilman Sanders, seconded by Councilman Courtright
that the minutes of the regular Council meeting held March 14,
1968 be approved. Motion passes 4 to 0. Councilman
Watson abstained due to his not being present at the regular
meeting on March 14, 1968.
It was moved by Councilman Sanders, seconded by Councilman Wasek
that the minutes of the special meeting held on March 21, 1968
be approved. Motion passed 4 to 0. Councilman Watson
abstained due to his not being present at the special meeting
on March 21, 1968.
APPROVAL OF EXPENSES:
It was moved by Councilman Courtright, seconded by Councilman
Wasek that the payroll dated March 31, 1968 which includes Check
Nos. 2060 through 2088; the regular expense check Nos. 3278
through 3317 be approved for payment. Motion passed 5 to 0.
COMMITTEE REPORTS:
Upon the recommendation of the Street Light Committee, it was
moved by Councilman Ellis, seconded by Councilman Watson that
a street light be installed on corner of Old Alvin Road and
Orange Street and a stop sign be installed on Washington -Irving
Watson that the three city lots located north of the City Hall
and now owned in fee by the City be used as a park and if legally
feasible that a $1.00 lease agreement be entered into for the
use of the vacant land immediately north of these lots for the
said same purpose. Also, it is understood that at this time
that no City funds are to be expended except fcr•a:mnmum
amount for fence around the well, pump, and railroad tracks,
and city labor for general grading and cleanup of the area.
Any service organization, civic clubs, individuals, etc. will
be welcome to participate in developing the area into a play-
ground -picnic park.
It was moved by Councilman Sanders, seconded by Councilman Ellis
that the motion be tabled until such time as facts and figures
could be considered by the Budget and Finance Committee and
recommendation to the City Council from that Committee. Motion
passed 3 to 2. Councilmen Courtright and Watson opposed.
STREET AND BRIDGE:
Councilman Courtright requested that an experiment be run on 492
feet of Cherry Street with an emulsified asphalt material which
would cost approximately 45� per square yard. No action was
taken at this time.
F, I
CITIZENS:
Mrs. B. M. Jamison was recognized and asked about the 105,000.00
Time Warrants. Mayor Keller informed her that the information
she was seeking could be found from nine different city ordinances,
copies of which would be available to her at 50¢ per page, and he
supplied her with the ordinance numbers.
at
the
intersection with Yost Road.
Motion passed 5 to 0.
It
was
moved by Councilman Courtright,
seconded by Councilman
Watson that the three city lots located north of the City Hall
and now owned in fee by the City be used as a park and if legally
feasible that a $1.00 lease agreement be entered into for the
use of the vacant land immediately north of these lots for the
said same purpose. Also, it is understood that at this time
that no City funds are to be expended except fcr•a:mnmum
amount for fence around the well, pump, and railroad tracks,
and city labor for general grading and cleanup of the area.
Any service organization, civic clubs, individuals, etc. will
be welcome to participate in developing the area into a play-
ground -picnic park.
It was moved by Councilman Sanders, seconded by Councilman Ellis
that the motion be tabled until such time as facts and figures
could be considered by the Budget and Finance Committee and
recommendation to the City Council from that Committee. Motion
passed 3 to 2. Councilmen Courtright and Watson opposed.
STREET AND BRIDGE:
Councilman Courtright requested that an experiment be run on 492
feet of Cherry Street with an emulsified asphalt material which
would cost approximately 45� per square yard. No action was
taken at this time.
F, I
CITIZENS:
Mrs. B. M. Jamison was recognized and asked about the 105,000.00
Time Warrants. Mayor Keller informed her that the information
she was seeking could be found from nine different city ordinances,
copies of which would be available to her at 50¢ per page, and he
supplied her with the ordinance numbers.
"9
Mayor Keller issued the following statement:
Until now the City of Pearland has made a special
effort to completely cooperate in answering questions
concerning activities of the City. The position
of the City has not changed in that cooperation is
paramount in our minds. We serve the people of
Pearland, however, we also have an obligation to the I
people of Pearland and it is because of this obligation
that we find it necessary to state the City's position
on yielding information in response to generalized
questions. Frequently, City employees have spent
time and taxpayers money responding to requests for
general information which inevitably turns out to be
"witch hunts." In summary, records of the City of
Pearland are public. They will be supplied at 50¢
per page when a request for specific information such
as ordinance number and/or specific dates are supplied.
It was moved by Councilman Sanders, seconded by Councilman Wasek L I
that this statement be adopted as a City policy. Motion passed
5 to 0.
Mr. Lee Plyler was recognized and asked about his petition. The
Mayor stated that upon the advise of the City Attorney, that no
action was taken.
Mr. John Yost was recognized and asked what he needed to do for the
City to take over Hamm Road. It was explained to Mr. Yost
that on February 8, 1968, Mr. Tommy McCully, who also lives on
that road, requested the City to take over Hamm Road. A motion
was made
at this
time
to accept the
right-of-way of Hamm Road
at such
time as
it was
dedicated to
the City as a 60 ft. in width
road and
after a
study
of the title
documents.
CHLORINE BIDS:
Upon the recommendation of the City Administrator, it was moved
by Councilman Courtright, seconded by Councilman Watson that the
297'
bids for furnishing of chlorine to the City of Pearland for a
twelve month period be awarded to the low bidder, Schwartz Company;
Inc. for the low bid of 11¢ per pound. Motion passed 5 to 0.
PROPOSED WATER ORDINANCE:
{ It was moved by Councilman Courtright, seconded by Councilman Sanders
that Section 7 be added to the proposed ordinance as follows:
"That any existing individual well and system may
continue to operate until such time as it will not
produce water acceptable for human consumption
according to the standards of the State Health
Department of the State of Texas."
Motion failed 2 to 3. Councilmen Ellis, Watson and Wasek opposed.
It was moved by Councilman Courtright, seconded by Councilman Sanders
that a Section 7 be added to the proposed ordinance as follows:
"That Section I of this ordinance shall not be applicable
to those parties where water lines running adjacent to
itheir property have been installed from funds from the
Water Revolving Account or from voluntary contributions.
t1
Motion failed 2 to 3. Councilmen Ellis, Watson and Wasek opposed.
It was moved by Councilman Sanders, seconded by Councilman Watson
to adopt the proposed ordinance No. 152 on third and final
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 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 A PENALTY FOR VIOLATION NOT
TO EXCEED $200.00 PER DAY; AND PROVIDING FOR
SEPARABILITY CLAUSE:
The following changes are to be made:
In the third line of Section I, after the word
'rconnected" add "within twelve months after
notice." After "where"; add the "city's."
In the second line, Section 4, delete "upon 12
months notice."
i
Motion passed 4 to 1. Councilman Courtright opposed.
(He stated for the record that he was in favor with Section 2
and 3 of the original draft.)
TRAFFIC CONTROL:
It was moved by Councilman Courtright, seconded by Councilman L--�
Ellis to postpone any action pertaining to the "no parking" on I ;�
Broadway until the next regular meeting. Motion passed 5 to 0.
SALARY ADJUSTMENTS:
It was moved by Councilman Sanders, seconded by Councilman Watson
that this item be tabled until such time as the City Council
could hold an executive session to discuss the matter. Motion
passed 5 to 0.
AGREEMENT SANTA FE RAILWAY COMPANY:
It was moved by Councilman Sanders, seconded by Councilman
Courtright that the Mayor be authorized to sign the agreement
with the Santa Fe Railway Company that authorized the City
i
and Brazoria County to clean off the right-of-way approaches
at the Orange Street Crossing. Motion passed 5 to 0.
INSURANCE:
The City Administrator reported that due to the fact that the
claims on our Workmen's Compensation have been greater than the
premiums, from the period 1964 through 1967, that our Insurance
Agent had been unable to place our Workmen's Compensation policy
with an insurance company unless the patrolmen were separated
from the insurance policy. Since the policy was issued in
1964 the premiums paid to the Company were $3,039.75 and the
losses paid to employees were $9,574.72. Of this, the claims ,
paid to policeman's classification amounted to $8,360.72.
It was moved by Councilman Courtright, seconded by Councilman
Sanders to adopt proposed Ordinance No. 153 on first and final
reading, captioned as follows:
AN ORDINANCE AUTHORIZING VOLUNTARY WORKMEN'S
COMPENSATION ON ALL CITY EMPLOYEES OF THE CITY
OF PEARLAND; EXCEPTING POLICE CHIEF, ASSISTANT
CHIEF, SERGEANT OF THE POLICE DEPARTMENT AND
ALL PATROLMEN OF THE CITY OF PEARLAND POLICE
DEPARTMENT; AND AUTHORIZING ACCIDENTAL DEATH
INSURANCE FOR THE POLICE CHIEF, ASSISTANT CHIEF,
SERGEANT OF THE CITY OF PEARLAND POLICE DEPARTMENT
AND ALL PATROLMEN; AND DECLARING AN EMERGENCY.
Motion passed 5 to 0.
BIDS ON DUMP TRUCK:
It was moved by Councilman Courtright, seconded by Councilman
Sanders that the specification be approved for flat bed dump 'and
bids to be received until April 25, 1968 and that an alternate
bid be received for a cabs_ and chassis only, excluding the flat
bed and dumping mechanism. Motion passed 5 to 0.
It was moved by Councilman Ellis, seconded by Councilman
Courtright that the meeting be recessed in order for the City
Council to discuss personnel matters in an Executive Session.
Motion passed 5 to 0.
Meeting recessed at 9:50 P. M.
The meeting reconvened at 11:30 P.M.
DUMPING TRASH WITHIN THE CITY OF PEARLAND:
It was moved by Councilman Courtright; seconded by Councilman
Ellis that proposed Ordinance No. 154 be adopted on first and
final reading, captioned as follows
AN ORDINANCE AMENDING ORDINANCE NO. 149 TO
PROVIDE FOR PERMITS FOR DUMPING DIRT AND
RUBBISH, WITH -THE CONSENT OF THE PROPERTY
OWNER IN THE CITY OF PEARLAND, DECLARING
AN EMERGENCY AND PROVIDING A PENALTY OF
NOT MORE THAN $200.00 FOR EACH VIOLATION.
Motion passed 5 to 0.
SALARY ADJUSTMENTS:
It was moved by Councilman Wasek, seconded by Councilman Courtright
that upon the recommendation of the City Administrator and the fact
that the funds are provided in, the Budget, the monthly salary
Soo
increases as listed below shall become effective April 1, 1968.
E. V. Harris
$50.00
Don Rives
25.00
A. H. Casey
50.00
H. W. Srygler
25.00
D. T. Norris
25.00
Marie Davidson
25.00
Mrs. R. D. Palmer
25.00
A. A. Jones
25.00
M. D. Priest
25.00
Ann Ferry
25.00
Juanita Pitts
25.00
Motion passes 5 to 0.
HEALTH OFFI CER:
The City Administrator reported that Dr. James R. Rau had indicated
that he would serve as City Health Officer for the City of
Pearland, however, he would not be offended if he was not re-
appointed.
It was moved by Councilman Sanders, seconded by Councilman Court -
right that Dr. David Armbruster be appointed as City Health Officer
of the City of Pearland, Texas, to be effective April 15, 1968
for a one year period. Also, that a certificate of appreciation
be presented to Dr. James Rau expressing the appreciation of the
citizens of the City of Pearland to Dr. Rau for the giving
unselfishly of his time for the benefit of the entire City.
Motion passed 4 to 1. Councilman Wasek opposed.
Meeting adjourned at 11:45 P. M.
Minutes approved as read and/or corrected this the day
A. D. 1968.
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City of Fearland
By