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1969-01-09 CITY COUNCIL REGULAR MEETING MINUTES130 REGULAR.. A regular meeting of the City Council of the City of Pearland was called ry to -order by Mayor Keller with the following present: Mayor Councilman Councilman Councilman Councilman Councilman City Administrator City Secretary INVOCATION D. R. Keller Gene E. Sanders Dale Watson Aubrey G. Ellis E. A. Was ek B. J. Courtright Buford D. Waldrop Dorothy L. Cook The invocation was given by Mr. Robert Thompson, a Deacon of the First Baptist Church, Pearland, Texas. APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Watson that the minutes of the regular meeting held on December 19, 1968, and the minutes of a special meeting held on December 30, 1968, be approved. Motion passed 5 to 0.' Mayor Keller left Council Chambers 7:38 P. M., Mayor Pro tem Sanders presiding. APPROVAL OF EXPENSES: It was moved by Councilman Courtright, seconded by Councilman Wasek that the following checks be approved for payment. Sanitation Fund # 102 Interest & Sinking Fund # Water & Sewer Payroll # 2294 thru #2299 General Fund Payroll # 2272 thru # 2293 General Fund Expense # 287 thru # 327 Sewer Construction Fund # 108 thru # 109 Water & Sewer Expense # 3946 thru # 3970 Motion passed 5 to 0. Mayor Keller returned to Council Chambers 7:45 P. M. MAYOR'S ACTIVITY REPORT: Garbage Service: Mayor Keller's report covered the probjem of the financial difficulty of the Griffin Brothers operating under the present arrangement'with the City. A meeting with the Griffin Brothers is to be set up in an effort to work out an amicable solution to this problem. City Administrator, Councilman Sanders and Mayor Keller -to represent the City. 131 Dog Ordinance: Mayor Keller's report covered the problem of a stray dog which had been hit by an automobile in Sherwood Subdivision. Mayor Keller stated that he had authorized Dr. Rice Corse to handle the dog, with payment by himself in the event the City would not pay the charges. Mayor Keller discussed the situation with the City Attorney and Dr. Rice Corse and plans to set up a meeting with them to prepare an ordinance for Council consideration. McGinnis Subdivision - Water: Mayor Keller's report stated that he had been contacted by Mrs. Dorothy Hart regarding getting city water to her home. The water is now within 600 feet of the Hart home. Total_ cost to bring city water to the Hart home would be approximately $1,131.88. The Hart's indicated a willingness to participate in the installment of this line with the understanding that future users would participate in the cost either now or at the time of service. Texas Surplus Property: Mayor Keller's report stated that we had asked for and received reinstatement to the eligibility list of Texas Surplus Property. It was moved by Councilman Courtright that water be taken to the Hart residence under the terms of the Water Revolving Fund Ordinance account. Motion died for lack of a second. Councilman Sanders stated for the record that his reason for not seconding the motion was that he was not familiar with the ordinance and would like to review the same. It was moved by Councilman Sanders, seconded by Councilman Ellis that the City extend its water system throughout the area that is not now being served in McGinnis Subdivision on a non -participating basis. The materials and labor to be furnished by the City. The monies for the expenditure to be used from the Street and Bridge Fund. It was moved by Councilman Watson, seconded by Councilman Wasek to table the above motion. Motion to table failed 2 to 3. Councilma Sanders, Councilman Ellis and Councilman Courtright opposed. Mayor Keller called for a vote on the original question. Motion failed 2 to 3. Councilman Courtright, Councilman Watson and Council man Wasek opposed. It was moved by Councilman Wasek, seconded by Councilman Courtright that we accept the proposition as set forth in the Mayor's report from Mrs. Dorothy Hart at a total approximate cost of $1,121.88, in accordance with past policy. Councilman Courtright requested that a copy of the Water Revolving Fund Ordinance be sent to all Councilmen and that the matter be placed on the next agenda for a regular meeting. Councilman Watson moved to table the motion. Tabling motion died 132 for lack of a second. Mayor Keller called for a vote on the original motion. Motion passed 3 to 1. Councilman Watson opposed. Councilman Sanders abstained. It was moved by Councilman Watson that the Water Revolving Fund Ordinance be brought before the Council and if found to cover the McGinnis water situation that the McGinnis Civic Club meet and all property owners wishing City water be allowed to request same by letter to the City at one time, and upon determination that funds and requests are in order that work proceed at once under the provisions of the Water Revolving Fund Ordinance. Motion died for lack of a second. COMMITTEE REPORTS: Fire Station: City Administrator Waldrop reported that the plans for the fire station had been returned to the Cinco Building Corporation for various corrections. Street & Bridge Department: City Administrator stated that specifications would be prepared on the pick-ups before the next regular council meeting. OLD BUSINESS Twin Creek Woods & Clear Creek Estates Sewer: Mr. Griffin, President of the Twin Creek Woods & Clear Creek Estates Civic Club appeared before the Council requesting information regarding this project. A discussion was held regarding this matter. It was moved by Councilman Ellis, seconded by Councilman Sanders that we move ahead to purchase a sewer plant site in Twin Creek Woods. Mayor Keller recessed the meeting at 8:54 P. M. Meeting reconvened at 9:13 P. M. I',was moved by Councilman Courtright, seconded by Councilman Wasek to table the above motion. Motion passed 5 to 0. Councilman Courtright requested the City Administrator to contact Mr. E ddleman, our fiscal agent, to ascertain whether or not water surplus bond funds, when available, could be used for sewer con- struction. If this is feasible then an ordinance should be drafted by the City Attorney for use of water bond funds, when they are avail- able, for sewer construction. Electrical Ordinance Amendment: It was moved by Councilman Sanders, seconded by Councilman Watson that this matter be placed on the next agenda and that copies of the 133 comments of the Electrical Board be sent to the Council. Motion passed 5 to 0. Ordinance - Trade of Land —Garbage Dump: It was moved by Councilman Sanders, seconded by Councilman Watson that the previously tabled motion be brought before the Council r+ for consideration. Motion passed 4 to 0. Councilman Ellis abstained. The question of the possibility of purchasing adjoining land to the present dump site was discussed. Mayor Keller read a prepared statement regarding trade or sale of the 30 acre garbage dump site wherein he stated that he could not, in clear conscience, sign the resolution and/or any contract, paper, etc. connected with the disposal of this property and would exercise his prerogative as Mayor of the City of Pearland to veto the Ordinance authorizing the trade. Councilman Sanders requested and was granted a point of personal privilege to disucss this matter. He stated that although his interpretation of this matter was not the same as Mayor Keller's he felt the Mayor should be given a standing vote of apprection for standing up for what he believed. Mayor Keller called for a vote on the original motion and requested with Secretary to read the motion which has been brought from the table. Said motion reads as follows It was moved by Councilman Watson, seconded by Councilman Sanders that the following ordinance be adopted on first and final reading; ORDINANCE NO. 171 AN ORDINANLE AUTHORIZING AND GRANTING TO THE MAYOR AND CITY COUNCIL THE RIGHT AND AUTHORITY TO TRADE CERTAIN DESCRIBED CITY PROPERTY LYING AND SITUATED IN ABSTRACT 540, BRAZORIA COUNTY, TEXAS, FOR CERTAIN DESCRIBED PROPERTY LYING AND SITUATED IN ABSTRACT 320, BRAZORIA COUNTY, TEXAS: Special Meeting 1-13-69: Mayor Keller, at the request of Councilman Sanders, called a special meeting for January 13, 1969, for the purpose of ratifying Ordinance No. 171. Turner Addition - Section II: A discussion was held on the street plan amendments submitted for Turner Addition, Section II• It was moved by Councilman Sanders, seconded by Councilman Watson that the developer be granted authority to proceed on the -basis of plans submitted today in accordance with the recommended changes made by the City Engineer as well as any other feasible recommendations made by him. Motion passed 4 to 1. Councilman Courtright opposed. 134 Contract - Tech -Con Corp./Dollar Paving Company: It was moved by Councilman Courtright, seconded by Councilman Wasek that Mayor Keller be authorized to execute the contract with Tech - Con Corp.j and Dollar Paving Company covering water main up State Highway 35 & Knapp Road and water distribution system in Clear Creek Estates and Twin Creek Woods, and to issue notice to commence work on this project. Motion passed 5 to 0. NEW BUSINESS: Dozer Offered For Sale By Drainage District: City Administrator reported that the Drainage District was offering the sale of a dozer by bids and that the Public Work's Director re- commended that the City bid on this dozer. Mayor Keller appointed Councilman Ellis and Councilman Courtright to serve on a special committee to check this matter out. It was moved by Councilman Sanders, seconded by Councilman Watson at the aforementioned committee, Councilman Ellis and Councilman Courtright, in conjunction with the Mayor and City Administrator be authorized to decide whether the City is to bid this equipment, if so, to determine the amount to be bid, and further, be authorized to finalize the bid transaction even to issuing of the required bid security. Motion passed 3 to 2. Councilman Ellis and Councilman Courtright opposed. ADJOURN Meeting adjourned by motion 10:40 P. M. Minutes approved as read and/or corrected this the 23 day of ............. . .. January 1969. CITY PE ND By: Mayor ATTEST: i ec�etary