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HomeMy WebLinkAboutCC Minutes 1970-12-17 Regular� GV � � Q 2 �` ����t�ac-e�Prz�- :'�.,�u.�;=_. /-7_7/ ��: li�7 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL December 17, 1970 A Regular Meeting of the Friendswood City Council was held at the City Hall on December_ 17, 1970, at 7 :30 p,m. with the following members present: Mayor Edward F. Stuart Councilmen: Ralph Gonzalez Ronald Hamil George Prude Thomas Woods With a quorum present, and with Councilman James Mager absent, the following business was transacted: READING AND APPROVAL OF MINUTES Minutes of the Regular meeting of December 3, 1970 approved as submitted . MOTION: Ralph Gonzalez. Second: George Prude. Vote: Unanimous. ANNOUNCEMENTS & COMMUNICATIONS FROM THE MAYOR 1 . A copy of a letter from the Department of the Interior Federal Pollution Control concerning our sewer facilities and regarding final payment being held pending receipt of Operation and Maintenance Manual , final engineering estimates and final statement for Consulting Engineering Services. Mr. Cline has talked with Walsh Engineering and Malcolm Collins about submitting these final papers. As soon as this is done, we will be in order for reimbursement by the government on our sewer project. 2. Memorandum from Mayor Emmett F. Lowery, Texas City, with attached draft of a resolution to the State Legislature concerning dispos- able containers used for the sale of soft drinks and alcoholic beverages whereas the Legislature would impose a tax of one cent per container. Allocation proceeds shall be ammended as follows: (a) 70% City and County (b) 25% State Highway Department (c) 5% State Controller as expenses for handling these funds. 3. Letter fram Jim Shore, Chairman, Drainage District. The Friendswood Drainage L�istrict will hold an election on January 5, 1971 . Mr. William Taylor of Marys Court is the only candidate who filed for the Board; others will have to be write-ins . Paper ballots will be used, and Mr. Haardt will be the Election Judge. If; ,after the election, three people who have been written in are not willing to serve, then the Drainage District will become inactive as there will not be a sufficient number of inembers to conduct official business. 4. Invitation from County Judge Christmas Party and buffet :.in Uecember 18, 1970. OLD BUSINESS and Commissioners Court, to a the County Courthouse on Friday, 1 . ATTORNEY ODY JERDEN OPINION OF CURFEW ORDINANCE: Letter submitted with copy of the text of a case in The Criminal Court of Appeals of Texas, June 15, 1898. Also attachment of the present Article 5890e, the present law passed by the Legislature in the last session which became effective June 21 , 1969 as an emergency measure. It is the only statute on the books dealing with curfew in the State of Texas, however, it is not a. general grant of power. It was passed as an emergency statute and deals only with emergency measures as in a state of emergency. .� , , Pr ' � �� � � < Ody Jerden explained that the only Texas case in an Appellate Court dealing specifically with the curfew is an 1898 case on the Courts of Criminal Appeals where the Courts held that that particular curfew law, of that particular City was an unreasonable enforcement of the curfew regulations but it did not say that curfew laws in general were unreasonable. It is important to point out that there was no specific grant of legislative authority from the State at that time to impose curfew so that any regulation imposed by a city would be subjected to the test of reasonableness. This case was pretty restricted. "I think we can use the test of reasonableness with the Ordinance #64 that we have in existence and I do not think that ours is unreasonable, The real purpose of it is to be able to look into the purpose of the presence of children on the streets after certain hours" , Ody said. In answer to a question from the audience regarding the authority of the Friendswood Auxiliary to bring someone to the Police Station, Mayor Stuart stated that the Auxiliary has taken all the required courses and are qualified, and therefore, do have the authority. 2. GUY WILKINSON, GALVESTON COUNTY HEALTH DEPT. & JOE PATTERSON Incorporated Cities such as Hitchcock, �emah, League City, Clear Lake Shores, La Marque and Friendswood are being considered, by Galveston County, for a program whereby one man would patrol and take care of dogs on a full time basis. There would be a fee of $625 per month. Galveston County is interested in how much the cities would participate. Right now, Joe Patterson's activities are supported by the County. Friendswood 's contributions go toward sanitation requirements. Mayor Stuart asked what type of program would be offered. Mr. Wilkinson stated that the area would be pairolled at all times. When there are no problems, he would be patrolling all the cities. His duties would include calling on the home owners to see how many dogs are there and whether or not these people are complying with the City Ordinance. TRAN(�UILIZER GUN Joe Patterson said that a tranquilizer gun is used from one to five times a day, and the loss of an animal is one out of ten. He said sickness is the main reason for the loss of a dog �when a tranquil �zer gun is used. It doesn't hurt a healthy dog. He must discriminate between licensed and unlicensed dogs, in accordance with the City Ordinances. Right now, the dogs in Friendswood are taken to League City to a Vet who puts them to sleep and cremates them for a fee of $3.00 per dog. Councilman, Ralph Gonzalez, will present figures regarding the amount of money the City can come up with to the County and let the County decide the type of service that they can provide for that amount of r�oney. These figures will be the amount we are spending and the amaunt we can spend in addition. 3. GALVESTON COUNTY HEALTH DISTRICT A letter from Judge Ray Holbrook with final draft attached, ready for signature of Mayor Stuart, regarding the creation of a Galveston County Health District. � � �_ ��) MOTION: (Tom Woods) That the Mayor be authorized to sign the agreement creating a Galveston County Health District. Second: Ralph Gonzalez. Vote: Unanimous. 4. DUMP TRUCK BIDS Bids were opened and read from the following: McRee Ford $5046.06 P. 0. Box 577 Dickinson, Texas 77539 � �4_�. Luke-Johnson Ford $5080.80 6445 Southwest Freeway Houston, Texas 77036 Bud Brown Ford $4900. 12 P. 0. Drawer 982 Alvin, Texas 77511 Street Superintendent, Vasco Stephens, told the Council that League C,ity is purchasing used dump trucks from the State Highway Department through a man in Austin. They bought four (4) two years ago and have not had any trouble with them. They cost $2000 per truck and are three years old. League City recently purchased two (2) more. He asked if the Council would consider purchasing two (2) of these trucks instead of one new one. There is a problem of a time element of about twenty minutes each way between the Gradall and the place of the dumping of the contents. He added that i�f the budget will allow, a used pickup would be helpful for short runs in transporting street signs etc. The City's old pickup is being used by Tom Hea�ney. [`� MOTION: (Ron Hamil ) That none of the bids be accepted because the _-;�.-��-? " %/�' N price is over the budget. - '""{ Second: Tom Woods. Vote: Unanimous. Aa ',�� City Secretary was instructed to write each of the bidders thanking them for their efforts. Councilman, Ron Hamil and Street Superinten- dent, Stephens will look into the prospects of these used trucks in Austin. GARBAGE SERVICE Mr. Perkins answ�ring Ody Jerden's letter. 1 . BACK UP SERVICE TRUCK AVAILABILITY November 23, 1970 the back-up truck, while on the way down to Friendswood, was in an acc;ident. The second day the back-up truck still not available. Universal Waste Uisposal sent a mechanic both times instead. Other trucks were out on routes. November 25, 1970 there was an open bed truck available and to the knowledge of Mr. Perkins, it was Ed Bennett's decision to make extra trash pick-up the following Wednesday. The truck was available, however. Under. normal conditions, the back-up truck should be available. Tom Woods stated that the instance in the letter written by our attorney, was only one of several i�nstances. There have been occasions when Mr. Bennett has been picking up garbage at 10:00 p,m. , This should not be continued. 2. PERFORMANCE BOND The general reason for putting a Performance Bond in a contract is to insure the Contractor's performance. A bond is the requirement or assurance that a contractor will not walk off the job. In answer to the question as to whether or not he, Mr. Perkins, or his Company could get a Performance Bond, Mr. Perkins said, "Yes." He would have to look into it and cost was discussed. Mayor Stuart stated that the cost of performing the contract includes a performance bond to assure the fact that performance will be carried out. The Council feels that this part of the contract should remain in force, therefore, it should be posted as soon as possible. Mr. Perkins will call Mr. Cline Friday and give him a date as to when his Bonding Company will have the Bond to the City. FINANCING The Mayor's Statement: Mr. Bennett has come before Council or the City Officials on three different occasions stating he is unable to operate without this advance. It is the responsibility of Mr. Perkins at Universal Waste Control to take care of the financing. We need to get this on a current basis so that we are not required to advance except as the contract calls for, i .e. as collected . As of November 30, 1970, we collected about $7700. We had advanced $8400 in the first two (2) months so that it wasn't until about a week ago, around December 10, 1970, that we had collected more than ttie $8400 that we had advanced and the total billing for the first two (2) months, September and October, was around $9400. Possibly by the end of December, we will have collected most of that $9400 ��� for the service in November which actually will not be billed until January 1 , 1971 and collected dur�ng January and paid February 1 , 1977 . This $4200 will be advanced sixty (60) days before it will be used. It appears that the City is in the banking business which is not according to the contract and which the City does not consider one of its functions. DEPARTMENTAL REPO�TS l . FINANCE Ed Stuart reported that the annual report will be ready the first meeting in January. 2. STREET AND DRAINAGE Ron Hamil reported that the ditch on Mary Ann Drive has been completed. Mary Ann Drive is ready for the limestone. 3. WATER AND SEWER Tom Woods gave no report. 4. RECREAfiION COMMITTEE REPORT Ron Hamil reports he has talked to the representative at the Texas A, & M. Research Department and a price of $2000 was negotiated in place of the $3700 originally discussed. The major difference being that the representative, (�athryn Delaune, will not be here as often and the committee would take some of the responsibilities for interviews. Ron requested that Council look over the letter from A. & M. depicting the two-phase program and be ready to give opinion at the next meeting in January 1971 . NEW BUSINESS 1 . Copy of letter from Heloise Brown Canter, Certified Public Account- ant, in regard to items which are currently being filed in the City Hall storage room that could be destroyed, Letter dated Dec. 9, 1970. �,�_ � --'7l� MOTION•w (Tom Woods) That we the above mentioned��letter. Second : George Prude. � Vote: , '>'�'�- ��) � J 'l�' ��a -- - ORDINANCES Ordinance No. 35-A - Second Readin destroy the items which were itemized in Unanimous. AN OF,DINANCE AMENDING THE FRIENDSWOOD PLANNING AND ZONING COMMISSION O�DINANCE (ORDINANCE N0. 35) ; PROVIDING FOR INTERIM APPOINTMENT OF MEMBERS OF THE EiOARD; PROVIDING FOR PERMANENT APPOINTMENT OF SUCH MEMBERS FOR STAGGERED TERMS BEGIN- NING NOVEMBER 1970; PROVIDING FOR REAPPOINTMENT TO FILL POSITIONS THEREAFTER. MOTION: (George Prude) For passage on the second reading. Second: Ralph Gonzalez. Vote: Unanimous . Ordinance No. 38-A - Third and Final Readinq AN ORDINANCE OF THE CITY OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS; PROVIDING FOR THE INSTALLATIONS OF SEWER LINES IN CONNECTION WITH THE PUBLIC SE6JER SYSTEM; REQUIRING THE CONNECTION OF WATER CLOSETS AND OTHER RECEPTACLES USED OR TO BE USED FOR THE PURPOSE OF RECEIVING AND DISCHARGING SEWAGE MATTER INTO TNE PUBLIC SEWER SYSTEM; MAKING UNLAWFUL THE USE OF CESSPOOLS, SEPTIC TANKS, SEPTIC TOILETS OR PIT TOILETS UNDER CERTAIN CONDITIONS; PROVIDING OTHER UNLAWFUL ACTS PERTAINING TO USE OF THE PUBLIC SEWER SYSTEM; MAKING UNLAWFUL OBSTRUCTION OF OR DAMAGE TO THE PUBLIC SEWER SYSTEM; PROVIDING A PENALTY; PROVIDING FOR COMPLAINTS AND PROVIDING A SEVERABILITY CLAUSE. MOTION: (Tom Woods) For passage on third and final reading. Second: Ralph Gonazlez. Vote: Unanimous (Majority (3) Hamil absent) Ordinance No. 105-A Reading postponed until next Council Meeting pending recommendation from County Humane Officer; regar.ding use of tranquilizer gun. ��� WARRANTS MOTION: (Ralph Gonazlez) That Council approve for payment Library .-%'��%�� Constru�tion Warrant No. 4264, G & A Warrants 565 through 576, 577 through 582 ( Warrants 579 ah�� 580 VOID ) 583 through 609, 610 through 615 and M & 0 Warrants 387 through 405. Second: (Tom Woods) Vote: Unanimous . ADJOURNMENT Motion made and seconded that the meeting adjourn. The meeting was adjourned. r Bobbie C. Henry, Assis t City Secretary, By: Moni Pickard #� � APPROy�.�� . �"� �'�% � '�z�,�� � � c="� _, Edward F. Stuart, Mayor ,� , , Mrs. }3obbie Henry City of Friendswood Friendswood, Texas Dear Bobbie; HELOISE BROWN CANTER CERTIFIED PUBLIC ACCOUN'I'ANT 11.01 Memorial Profeseional Building HOUSTON, TEXAS 77002 0 December 9, 1970 %�'��NF �' ��� -��a�-7 ceivE�J .� ��:J ���r �..� �,-:. _� t,'r'r;� c� FI!@ 7..�,� � �`�_ �,'TY S�r,RG7�;a ty . ( j L ..;. ��.� ��✓. .. .._.. ...., ;� �; ' � C��'� �,� f� ��l 7�' °�� 1..��i��`�' � �.��� ��,�� , This letter is in regard to items which are currently being filed in tYie City Ha11 storage room that could be destroyed; 1, 2, 3, 4, 5, 6, 7. f3. 9. 10. 11. 120 � 13. J Wai;er a.nd Sewer Billings prior to September 1968 Water Bills paid prior to September 1968 WaLer and Sewer Tap Fee receipt books through November 1967 Water Meter cards prior to October 1965 Work order books prior to January, 1969 (with the exception of the one book in Mr, Cline `s possession) Reconnect order books �prior to January 1969 Al1 o1d checks without the proper bank account number eoded on the check . All warrants prior tc� the 1967-68 fiscal yeai• Al1 p�.id invoices, statements, etc, prior to the 1967-6$ Sisca.l ye�.r A].1 plumbing and bu.ilding perm:its receipt books prior to 196�3 All Police and General a.nd Administrative MiscPllaneous recei�ts boolzs prior to i;he 1967-68 fiscal year Galveston County Water Control and Improvement District ,+�15 Al1 warrants ; checks, deposits ; water Lap receipt books ; property x•endition st-atements for 1957, 1958 and 1961 Galveston County Wa1;er Control and Improvement llistrict #21 The District #21 Seal � You should retain the following: 1, Galveston County WCID #15 All financial Stat-ements All board Minutes Various Uid proposals in #15 file box 2, Galveston County WCID #21 All financial Statements Al1 board Minutes Al1 bank Statements, paid bills, etc, now in the #21 file box 3. City Records All supporting fina.ncia.l data for the following fisca.l years 1967-1968 1968-1969 , 1969-197,0 � � . Page 2------- --- - � ' . I This should have the approval of the Council. Sincerel.y yours, � . ------- -, -- - -_ ._ _. '!, -T . i ., �-� . .