1969-03-27 CITY COUNCIL REGULAR MEETING MINUTESA regular meeting of the City Council of the City of Pearland was
called to order by Mayor Keller with the following present:
Mayor
Cpuncilman
Councilman
Councilman
Councilman
Councilman
City Administrator
City Attorney
City Secretary
INVOCATION:
D. R. Keller
E. A. Wasek
B. J. Courtright
Aubrey G. Ellis
Dale Watson
Gene E. Sanders (Entered 7137 P.M,)
Buf or.'d D'. Vildr.op
Bobby.Williams
Dorothy L. Cook
The invocation was given by Rev. Hawkins, pastor of the First
Presbyterian Church of Pearland.
APPROVAL OF MINUTES:
It was moved by Councilman Watson, seconded by Councilman Wasek
that the minutes of the regular meeting held on March 13, 1969s
be approved with corrections. Motion passed 4 to 0. Councilman
Sanders not present at this time.
It was moved by Councilman Watson, seconded by Councilman Wasek
that the minutes of a special meeting held on March 20, 1969, be
approved. Motion passed 4 to 0. Councilman Sanders
not present at this time,
APPROVAL OF EXPENSES:
It was moved by Councilman Wasek, seconded by Councilman Courtright
that the following checks be approved for payment:
Interest & Sinking Fund # 46 thru # 47
General Fund Payroll # 2411 thru #2432 (2423 void)
Water & Sewer Payroll # 2433 thru #2438
General Fund Expense #476 thru #501
Water & Sewer Expense #4031 thru #4036
Motion passed 5 to 0.
MAYOR t S ACTIVITY REPORT:
1. A meeting will be held on April 16, 1969, at the Tarpon Inn,
Angleton, Texas, 7:30 P. M. to form the bi-laws of the newly
organized city representatives association of Brazoria County.
2. A letter from W. E. Carmichael, District Engineer, Texas
Highway Department, also, copy of speed zone study and proposed
ordinance - SH 35 received by Mayor Keller. These referred
to City Administrator for handling.
COMMITTEE REPORTS:
1.8 2
-Special Committee Report - Drainage Tile - Councilman Ellis and
(;ouncl manWasek:
Councilman Ellis reported that the committee decided to meet with
the Drainage District and City Engineer before making a recommenda-
tion to the City Council.
Special Committee Report - Dog Ordinances - Councilman Courtright
andoZounellma—"n a' nders: —"
Councilman Courtright reported that a report would be given under
Item No. 3 of old business.
CITIZENS:
Cecil Griffin - President - Clear Creek Civic Club -
Mr. Griffin requested to meet before the Council regarding sewer
plans in the Twin Creek Wood/Clear Creek Estates. A discussion
was held regarding plans for force main down Old Alvin Road right
of way to serve this area with sewage facilities.
OLD BUSINESS:
Corrigan Subdivision - Section II:
Mr. Frank Barringer appeared before the Council with a request that
the building permits be released in Corrigan Subdivision, Section
II. No action was taken by the City Council.
Revised Electrical Ordinances
It was moved by Councilman Courtright, seconded by Councilman Sanders'—
that
a.nders'—that the last paragraph under Part III, Section 1, (b) on Page 11
and Page 12 be deleted from the proposed revised electrial ordinance.
Motion failed 3 to 2. Councilman Ellis, Councilman Wasek and
Councilman Watson opposed.
It was moved by Councilman Watson, seconded by Councilman Wasek
that the Revised Electrical Ordinance No. 110D be approved and
adopted on the third and final reading, with the following addition:
Part 1, Section 3 (3) Master Electricians License:
(d) Persons desiring totake examination shall notify
the City at least 24 hours prior to the posted time of
tests by depositing $5.00 with the City Secretary.
This $5.00 fee shall be applied to the license fee
if issued, but in no case will it be refunded.
Caption of Electrical Ordinance No. 110D reads as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 110, 110A,
110B, 1100 BY SUBSTITUTING IN 'ITS ENTIRETY AND SO
AS TO PROVIDE FOR THE CREATION OF A BOARD OF
ELECTRICIANS; PRESCRIBING DUTIES AND QUALIFICATIONS
OF BOARD MEMBERS; PROVIDING FOR LICENSING ALL
PERSONS DOING OR CAUSING TO BE DONE ELECTRICAL WORK;
PRESCRIBING LICENSING FEE; AUTHORIZING REVOCATION
OF LICENSES; REQUIRING PERMITS TO a''ERFORM ELECTRICAL
WORK AND PRESCRIBING FEES; PROVIDING EXCEPTIONS;
REGULATING QUALITY, TYPE AND KIND OF ELECTRICAL
Y. PER IAL AND MANNER OF INS TALI -4 -TION THEREOF;
183
REFERRING TO THE LATEMEGULARLY PUBLISHED NATIONAL
ELECTRIC CODV, AND ADOPTING SAME; REQUIRING PERMITS
FOR INSTALLATION OF ELECTRICAL WIRING, ETC., AND
PRESCRIBING FEES THEREFOR; PROVIDING FOR APPOINTMENT
OF ELECTRICAL INSPECTOR AND INSPECTION OF ALL
ELECTRICAL WORK; PROHIBITING ELECTRICAL SUPPLY
COMPANIES FROM FURNISHING ELECTRIC CURRENT UNLESS
AUTHORIZED BY CITY INSPECTOR; PRESCRIBING IN-
SPECTION FEE, PROVIDING PENALTY; CONTAINING SEPARABILITY
CLAUSE. _
Said ordinance to be published
Motion passed 4 to 1.
D,pg;, Ordinances :
in caption only.
Councilman Ell.ks opposed.
It was moved by Councilman Sanders, seconded by Councilman Court-
riaht that Ordinance No. 1?3 be passed and adopted on the third
aricT final reading, subject to approval of the City Attorney. Said
Ordinance No. 173 reads in caption as follows:
AN ORDINANCE SETTING FORTH LICENSING PROVISIONS
FOR ALL DOGS; PROHIBITING DOGS FROM BEING AT LARGE
ON PUBLIC OR PRIVATE PROPERTY; " DEFINING TERMS;
PROVIDING FOR VACCINATION OF DOGS;- PROVIDING FOR
CONFINMENT BY LICENSED VETERINARIAN; PROVIDING FOR
NOTICE OF IMPOUNDED DOGS AND RELEASE OF DOGS IM-
POUNDED UPON PAYMENT OF FEES; PROVIDING FOR DISPOSAL
OF DOGS NOT REDEEMED; PROVIDING FOR RECORDS;
PROVIDING FOR VICIOUS DOGS; PROVIDING FOR UN --
CONSTITUTIONALITY -OF CERTAIN SECTIONS HEREOF; RE-
PEALING ORDINANCES IN CONFLICT HEREWITH AND MAKING
CERTAIN SECTIONS HEREOF APPLICABLE TO OTHER DOMESTIC
ANIMALS.
Said ordinance No. 1?3, when approved by the City Attorney to be
published in caption only,
Motion passed 5 to 0.
It was moved by Councilman Courtright, seconded by Councilman
Sanders that Ordinance No. 174 - AN ORDINANCE PROVIDING A TAX,
LICENSING AND VACCINATION AS A PROTECTION AGAINST RABIES; PROVIDING
OWNER RESPONSIBILITY AND PROVIDING FOR A PENALTY, be abandon since
the provisions of this Ordinance are included in Ordinance No. 173.
Motion passed 5 to 0.
NEW BUSINESS:
Discussion of Proposal - David L. Smith, Inc.
A discussion was held regarding David L. Smith, Inc. letter of March
15, 129, regarding Regal Oaks water system, Westminister-Nattingham
area, rookland Acres Water System.
It :ias moved by Councilman SandeVs, seconded by Councilman.T,4atson
that believing it is'in the best)- interestsaf the City to procure
the last remaining private water systems within the corporate limits
without litigation while also resolving other troublesome issues
between the City and some of Mr. David L. Smith's operations, that
March proposals as evidenced by his letter of Mach 15, 1969, be
accepted with the following understandings and alterations:
(1) That he pay to the City
$3.00 per ft. for 960 feet -
side of Stratford Street to
cul--de-sac in Sherwood II) f
Westminister Drive.
a sum of $2860- (representing
the distance from the northerly
the southerly side `.of the last
or the black -top paving of
t 8 4
(2) That he agree to.lease to the City for the sum of
.$1.00 yearly the water'tank, pump and appurtenances in
the�Brookland Acres Water System.
(3) That he agree to plug all wells to State of Texas
requirements at such time as he salvages the pumps.
(4) That he grant a ten foot easement for a water line
across his property (formerly Sinclair Refining property)
to connect City services from Sherwood II to the Notting-
ham service at the well now servicing Nottingham (this
being the same well currently owned by James C. Young, et
al). This portion of this agreement subject to approval
by lien holder of record.
(5) That he recognize the existing road easement for
Westminister Drive across the former Sinclair properties
or if necessary to assure continuous right of way for this
Drive from Old Alvin Road to East Broadway, that he grant
one of sixty foot width. This portion of this agreement
subject to approval by lien holder of record.
(6) That legal instruments satisfactory to the City
Attorney to consummate this whole agreement will be sub-
mitted at the earliest possible date.
Mayor Keller called for recess dt 9:14 P. M. to enable the Council
to confer with City Attorney. Meeting reconvened at 9:30 P. M.
Mayor Keller called a special.meeting of the City Council on
Wednesday, April 2, 1969, at 8:00 P. M. to discuss this proposal.
Mr. Smith agreed to waive time limit on proposal until this
special meeting.
A motion was made by Councilman Watson, seconded by Councilman
Sanders that the motion on the floor be postponed until the special
meeting-, April 2, 1969. Motion passed 4 to 1. Councilman
Ellis -opposed.
City:.Engineer:
It was moved by Councilman Sanders, seconded by Councilman Watson
that the City of Pearland hereby announce the severance of its
relation with the firm of Walsh Engineering effective April 1, 1969,
with the following exceptions:
(1) All projects previously authorized and contracted
for and which are presently under construction. These
being the Shadycrest area sewer project, the Walnut Street
sewer project and the Twin Creek Wood -Clear Creek Estates
water pr6je6t.
(2) The Clear Creek Estates -Twin Creek Woods sewer
project (this bein the final project planned at the time
of the original 1994 and subsequent 1968 bond issues.)
(3) Any engineering projects presently being pursued by
the Engineer or which have been previously authorized by
written notification to the Engineer.
By passage of this motion, the City Administrator is hereby instruc-
ted to accept, for Council consideration, applications for the
position of City Engineer. Motion passed 3 to 2. Councilman
Ellis and Councilman Wasek opposed.
Meeting adjourned by motion 9:3.5 P. M.
Minutes approved as read and/or corrected this the �t) day of
A.D. 1969.
Attest. CT
By
City Secretary