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HomeMy WebLinkAboutCC 1960-04-11 Minutes REGULAR COUNCIL JAEETING MINUTES- April 11. Jì.960 The City Council ot Borth iiobland Blls. Texas held its regulu Council meetag at the CiTio Center. JIorgan Circle'" Pipe IJ.n.e Road on April n. 1.960 and 'Was oalled to order at .,,30 P. M. with Jlq'or Perry. Counoilmen Rowe, JW.tilek. Graner. Zellers preaent, Vr. Iranklin a'bseut. )layor Perry oalled on )Ir. Graner who read neotion resulta.Quote. "Our oi1;y eleotion having been held April 5. 1960. end returns thereot made 'by the eleotion judge, 1Ir. hank De GioTØIlÌ. and it haTing 'been tound that Place l-Fru.k11D 260 'ft"R'Ir %-JohDB --445 'IPI'D1r a-.Alliaon 13 Lewis' 1 Plue 3-i:cbra:rds.... 25'7 CampbelI.Mr i58 P1a.oe 5-Rowe -256 Bell i5., I move that the Council find and deolare the tollowing persons to be eleoted. Place l-Þn Jo1m8 PI..e a--..Kerb Campbell Place S-lann Bell. Jr. " :Mr. Zellers seconded the motion which carried. Jlayor Perry brought up the point ot the tailure to have a 1"011 Tax. Reoeipt by one ot the n....ly elected Councilmen and ..ked Jfr. Christopher. City AttorneY', tor a ruling. 1Ir. Christopher presented the Counoil with a tour page statement, attached and made a part of these minutes, ruling the legality ot luoh. The :Mayor then proceeded to .....ar in 1Ir. larm Bell. Jr. and Vr. Herbert Cupbell. 1Ir. HOhnB being nom in on .April 6, 1960 at the City Office by the City Seoretary sinoe he 'Was to be out ot the City .April 11, 1960. 1Ir. Rowe and JIr. JW.tilek ottered congratulations to their aucceasors aDd seated thea at the Counoil table. Jlr. Graner then DIOnd to make JIr. Clyde Zellers .. or Pro-te.. Jlr. Bell seoonded the motion whioh oarried. The mimrtes ot the last regular meeting 'Was read am approved. The Secretary reported the 'books were at the Auditor, 1Ir. C. F. M1sgran, then read the monthly audit tor Karch and this 1I'a8 approved. The Council read a questionaire trom. Convair ooncerning 1;he hir- ing of "s. Auita Jo Uhlhorn and it 'Was decided 'that the ~ 'WOuld till out this torm. ThØ JIoyOr re"'" bide trea 1;hree d1ft....,.1¡ C_01>1·· tor a ..... t\.UD(!; oo1>iI1ØI> tor i¡h. Cil¡1 OUio.. &1.80 tor a - ODd boù box. 1Ir. ZOller. ......d I¡o purohall. i¡h. tile troa i¡ho 1iøIr bidder, Cii;f Qttiee 8I1pp~ Co. tor .395.60 ",d _ bOX trea _ù atti.. 8I1pp~ Co. tor .1i.$1i ODd i¡ha't 0Dl1 ThØ Cii;f _r.-torr b. given a ka1 I¡o ....h. lfo1¡iOl1...... ..oondød 1>1 1Ir. C_b.11 whiGh o..ried. 1Ir. ør_r I¡hoa .xplainOd t1>.O ...Uon 1>.0 I¡ri.d I¡. -- at 1¡1>.O Verch 28th. ..eting , then møve4- "!ha1; 1¡1>.O I!oll¡oa Cii;f stab. Bonk, .. a ð8po.il¡ory tor i¡h. fund. of I¡hi. Cii;fb. o.<\'1d...d 1>1 I¡he Ci1>1 se.r.-torr, I¡hal¡ .uGh fuJ>ÀO ch.ll be wil¡hdr- trOOl. .aid Ü'\'0dI¡Ory on 1¡1>.O oh..k of i;hi. Ci1¡1. .igned 1>1 Ø/f - (Z) of i¡h. toUowing repr...,øi.... of I¡hill Ci1>1; - or, _or Pro- I¡_ or Cil¡1 se.r<rtorr' 1Ir. C_b.ll ...""ded i¡ho ..... tion whioh carrie4. 1Ir. ør_r a.ked se.rortorr it .he 1IO\11d turaich .opi.. ot all JI1;mIt.. ODd -'>bl1 ""dil¡.l¡o aU .,..b.r. of 1¡1>.O C_il _0.· torth. 1Ir. ZOll." read ....olo:l;io.. o_dUg ....r.. Paulliltilek, JIardeI1 _ ...d wap>Ø J'renklin tor i¡hoir ..ni·· I¡o i¡ho Cii;f of .,rth B1.hlODd 1J1l1o. 'fhe1 ..rnd I¡h. .iU-.o taii¡hful~ ...d I¡o i¡ho b..1¡ ot their o1>ilil¡1 ",d the C.......il -. - a .-.... I¡hOI1kO . Ba.olo:l; ion..... ...onded 1>1 1Ir. ør_r. lfo1¡iOl1 .oni""'. 1Ir. Gr- I¡old of requ..t trom Goa Co. tor a propo.ed Baai~- io1 ur1 C......ial 1I&i¡e .cheW.. ... JlHl¡Ug ... ..-t up al¡ i¡ho City attioe tor Wønd.q, April 18, at .'00 P. JI. JIr. zellers read a resolution, ~ote' "the.'t the Ra1.t01D. City sta'te Ba:ak. as depoaito1'1 tor the fundi of this City. be adv1se4 by the CitY' Seoretary that auoh tun4s shall be withdre.1ßl from said depoai'to1'1 on the cheok of i¡hi. Cii;f, dpd 1>1 Ø/f - (Z) of i¡ho tollowing repre..,øiU.... ot I¡h!.. Cii;f' Jfa1Or, Jfa10r Pro-ll- or CitY' Secretary." fId. brough'!; on a dill"".. io.. wil¡h 1Ir. JI.... ...d 1Ir. 110..... .peek- Ug trea I¡h. floor. 1Ir. _. .aid i¡ho Cii;f had orig1nol~ I¡o]œn bide troa ditt....,..,t BOIIkB ODd ngge.-t.d 1nquirUg 1nt;0 I¡hi. bofore withdrOJring .aid fuJ>ÀO. Be .-t..I¡.d al.o i¡ha't 1;h. C_il had or proved ..-tl¡ing up a .aTing. ""oounl¡ wil¡h funds ia troa i¡ho .he.k- ing ....ount in OXOO" of .Ii,OOO.oo 1>0:\; no ...I¡ion 118.8 I¡'- I¡o d. .0. JIr. ZOll- I¡hoa møved I¡o .""I¡...I¡ !II1r.-t ...d B1...roide stabe BOIIkB tor bids tor i¡h. Cii;f'. cheoking ODd ...Ting. ...0"",,1¡.. JIr. Graner seoonded the motion whioh P oarried. Page 3 Mr. Zellers asked about de-annexing the homes on the East side ot Willman as the City ot Richland Rills had pand their street end gave them other considerations. JIr. Graner moved that it :Mayor Daniel would proTide and present a petition trom 2/1 ot those people on the East side ot 1Illlman stating theY' wanted to go in with Riohland Hilla, the ]forth iiohland City Counoil will give consideration. JIr. Bell seconded the motion 1I'hioh oarried. JIr. French 1ïold ot mix-up in sending letters to oitizens in wrong blook of Rule Snow OIL curbing and guttering, such work being north ot Pipe Line Rd. Letter ot apology and explaination to be sent to said citizens. Mr. Inowlton, oity Engineer, showed the Council the layout of proposed widening of Rute Snow and explained what ia to be done. Jlrs. Rodney Bell, representative torm Snow Heights sohool asked about stop signs and roll awaY signs tor said sohool. She was told that signs are readY' and will be installed soon. Petition tor annexation verified bY' E. E. lfewman and two (2) other signers was read and accepted. Mr. Graner moved to adopt Ordinanoe No. 61. JIr. Zellers seconded motion which carried. Petition tor annexation veritied by E. A. .AÞ'bott and two (2) other signers was read and accepted. JIr. Campbell moved to adopt Ordinance No. 62 whioh JIr. Bell seoonded with motion .......i¡l!!~ oarrying. Petition tor annexation nritied by B. W. Hutchens and two (2) other signers was read and acoepted. Mr. Bell moved to adopt Ordinance No. 63 with Mr. Campbell seconding the motion whioh oarried, all three being attaohed and becoming a part ot these minutes. i!t' JIr. Xno1l'l ton, speaking tor JIr. Renfro and himselt, presented a preliminary platt ot the iichland Plaza lq--out recommend- ing Counoil t ø approval. JIr. Zellers moved to acoept said ple:tt with JIr. Bell seoonding and motion oarried. Mr. Xnowlton then presen.ted a map showing the City ot Fort Worth Metropol it en Area Thoroughfare Plan and reoommended such a plan tor our City. JIr. Graner moved that the City Engineer draw up suoh a major thoroughfare plan tor our City. Mr. Campbell seconded the motion which carried. Mr. Frenoh told ot a party in n....ly armexed area who is build- ing a help-yourselt servioe station with top-ot-the-ground gas storage tanka. It was suggested he get all the information. as to cost and how tar along oonstruotion had gotten so as to determine what, it anything, the Counoil oould do. \->~ ~. "",..,..f"':;···'" Page 4 ""'" JIr. Zell.r. asked abou1; i¡rottio lighi¡ ai¡ Ruto Snow ...d Qro:pevinO JIw1. ...d i1; was brought aui¡ i¡h.1; su.h a light h.... b.- app.....d a lii¡1;lo over a fOer ago ODd i¡¡,a1; i¡ho Bir)IWo:1 J)Opi¡. ...... i¡o in- .-toll .aid light at no .0.1; 1;0 i¡ho Oii;f. JIr. ¡"owli¡on ~l"",,··r- ed to check into to see what the holdup was. Cii;f So<>ro1;Br1 "... yked i¡o _ ...d .0Dd oopio. ot Ordinan·· 110. 2 to all Utility compenies. Dr. 11. o. A).liBOI1 ..pr....d his ODd o1;hOr ciU..... of 1;110 SDdi¡h- tiold er.a o:pprociai¡ion ...d i¡hønlœ tor """.xing i¡hOir propor1;f ini¡o 1;110 .ii;f. 1Ir. Zell.r. propo.ed a re.olution ot i¡hønlœ i¡o Dr. A).liBon tor hiB i¡_ end en.rgy .pen1; i¡award 1;ho onnoxe.1;ion. and i¡ho .1.c1;ion. I!r. Gran.r .ocond.d 1;ho ,.o1¡ion which cerried. JIr. Gronor "",...d i¡o adjourn a1; 9.42 P. II. soconded bf 1Ir. C_- bell. Motion Carried. ~dftrP ;{24 C1 y ecretary-' ? READ AND AfPROVED THIS :J-..£'DAY OF .ßþf-. 1960. ¡/ BY THE NORTH RICHLAHD HILLS CITY COUNCIL. ¡i;; LAW OFFICES CHRISTOPHER & BAIL.EY FORT WORTH 2, TEXAS T. S. CHRISTOPHER M. WARD BAILEY April 11, 1960 CONTINENTAL. L.IFE ElUIL.CING EDISON 2-2386 City Council North Richland Hills, Texas Gentlemen: It appears that in the recent elect ion of aldermen that one of the successful candidates does not have a poll tax and his e 1 i g i bil i t y t 0 h old the 0 f f ice i s be i n g que s ti 0 n ed, a t 1 e a s t by so me. The quest ion presented, of course, is whether or not one other- wise fully qual ified to hold office is inell igible to hold the office of alderman without having paid his poll tax for the current year. The answer is that it does not disqua1 ify him. Illegibility to hold office belongs equally to all persons not excluded by the Const itution or statutes, and not exclusively or specially to persons enjoying the right of suffrage. Stensoff vs. state, 80 Tex. 428, 15 S.W. 1100; Harkreader vs. state, 33 S.W.117. Of course, to enjoy the right of suffrage, which simply means the right to vote in Texas, one must hold a pol I tax for the current year. Thåt is a different proposition entirely. Disabil ity to hold office may not be imposed on any citizan except under authority given by law. Gordon vs. state, 43 Tex. 330. The Legislature may not change or add to qualifications for an office nor take away disqualifications that are prescribed by the Constitution. Ferguson vs. Will Cox, 119 Tex. 280, 28 S.W.2d 526; Dixon vs. Strickland, 114 Tex. 176,265 S.W. 1012. The following persons only are dis- qual ified from hold ing pub1 ic office: 1. To hold pub1 ic office one must acknowledge the existence of a Supreme Being. Constitution, Art. 1, Sec. 4; 2. A person who has offered a bribe to procure election or appointment. Constitution, Art. 16, Sec. 5; 3. to duel. Any person who has fought a duel or accepted a challenge Constitution, Art. 16, Sec. 4; 4. Any person who has been a collector of taxes or intrusted with public money until they have been discharged for the amount of such collections. Constitution, Art. 3, Sec. 20; 5. Any person who has been convicted of bribery, perjury, forgery or other high crimes. Art. 16, Sec. 2. Page 2 The Constitution does not otherwise disqual ify any person from holding public office. The Legislature may prescribe such qualifi- cat ion s wit h i nth e f r a me w 0 r k 0 f the Con s tit uti 0 n , s u c has age, length of residence within the state or within the particular sub- division of the state, as in this instance the municipality. The Legislature has done that. It might be worth while to call attent ion to the fact that the Constitution itself fixes the qual ifications required of one to hold the office of governor, 1 ieutenant governor, attorney general, comptroll er of publ ic accounts, and state treasurer. The Const itut ion itself does not actually fix in specific terms the qualifications of other state, county or municipal officers except to the extent indicated above of prescribing certain disqual ifications. In this respect your attent ion is invited to the earl ier statement herein- above that as to such qualifications or disqualifications the Legislature has the power neither to add to nor to take from. Nothing in the Constitution requires the payment of a poll tax in order to hold publ ic off ice. So far as the qual if icat ions of a person to hold the off ice of alderman, the Legislature has prescribed by Art. 987 the following qual ¡ficat ions: "No person shall be elligible to the office of Mayor unless he is a qual ified elector and has resided 12 months next preceding the election within the city 1 imits. To be el igible for alderman, one must reside in the ward from which he may be elected at the time of his election. If any alder- man removes from the ward in which he was elected, his office shall be deemed vacant." The Legislature has by the foregoing statute required that for one to be ell ig ible to the off ice of mayor that he must be "a qua 1 i fie del e c tor. II I tis s i g n i fie ant t hat a s t 0 a Ide r me nth e Legislature made no such requirement, the only requirement to be elligible for alderman being that he "must reside in the ward from which he may be elected at the time of his election." The very fact that as to the mayor the requ irement was that he be a qual if ied e 1 e c tor and t hat i nth e s a me par a g rap h and i nth e sue c e e din g s e n ten c e the Legislature made no such requirement as to an alderman points up the fact that the attention of the Legislature had been called to the very question of whether or not an alderman would also be required to be a qual ified elector, and the Legislature chose to omit it out of those words. Thus it appears without doubt that the Legislature intentionally refused to make the requirement that an alderman be a qual ified elector. The for e gd n g d i s c u s s ion ass u me s t hat the w 0 r d s " qua 1 i fie d e 1 e c tor" me a n sap e r son who be i n got her w i s e qua I i fie d t 0 v 0 t e also holds a poll tax. Page 3 It is already obvious that it is not necessary that the alderman in question hold a poll tax. This legal conclusion is, however, made amply clear and the question is finally answered by the Supreme Court of this state in Stensoff vs. State. The question there arose in relation to a person who had been elected tax assessor of Liberty County. The question involved in the case, as stated by the court itself, was: "We then have the question, did the fact that he was not a legal voter in the county render him inell igible to the office of tax assessor." In answering the question the Supreme Court said: "'Eligibility to office is not declared as a right or principle by any express terms of the constitution, but it results as a just deduct ion from the express powers and provisions of the system. The basis of the principle is the absolute 1 iberty of the electors and the appointing authorities t 0 c h 0 0 s e· and a p poi n tan y per son who i s not mad e i n e 1 i g i b 1 e by the constitution. Eligibility to office, therefore, belongs, not exclusively or specially to electors enjoying the right of suffrage. It belongs equally to all persons whomsoever not excluded by the constitution.' When a constitution has been framed which contains no provision defining in terms who shall be eligible to office, there is strength in the argument that the intention was to confide the selection to the untrammeled will of the elctors. Experience teaches us that, in popular elections, those only are chosen who are in sympathy with the people both in thought and aspiration; and that no law is needed to secure the selection of those only who reside in the county or district in which these functions are to be performed. The constitution of 1869 contained the provision that 'no person shall be eligible to any office, state, county, or municipal, who is not a registered voter in the state.' Article 3, sec. 14. The omission of a similar article in our present constitution is not without significance." The court held that he was not disqualified. We have already referred to Dixon vs. Strickland, 265 S.W. 1012, and it is probably unnecessary to do any more than refer to that case because of the fact that in that case the Supreme Court of Texas referred to the Stensoff vs. State case, quoting therefrom and again specifically approved the point at issue here. It is to be especially noted that in both the Stensoff case, as well as in the Strickland case, that the Supreme Court said that "el igibil ity to an office belongs not exclusivel or speciall to electors enJo Ing t e rig t 0 su rage, u a I e ongs equa y 0 a persons whomsoever not excluded by the constitution." Certainly it is not .... ~ .. . Page 4 necessary to go beyond that. It has already been pointed out that the statute relating to aldermen does not require that they be electors, and if it did such a statute would be in vio1at ion of the Constitution under the foregoing holdings of the Supreme Court. We might, however, refer to State vs. Fortinberry, 276 S.W. 466 (468) (Galveston CCA), which case likewise quotes from the Stensoff vs. State case. See also 34 Tex. Juris. 341. Incidentally, it might be added that in cities operating under the general law the counc i 1 is made the judge of the elect ion and qualification of its own members. Art. 1008, R.C.S.; Vosburg vs. McCrary, 77 Tex. 568, 14 S.W. 195; Robinson vs. Hays, 62 S.W.2d 1007. Yours truly, T. S. CHRISTOPHER City Attorney TSC:1nd LONE STAR GAS COMPANY APPLICATION TO THE CITY OF NORTH RICHLAND HILLS, TEXAS FOR APPROVAL OF COMPANYfS PROPOSED RESIDENTIAL AND COMMERCIAL RATE SCHEDULE FOR NATURAL GAS SERVICE TO THE HONORABLE MAYOR AND CITY COUNCILMEN Gentlemen: On February 15, 1960, the Railroad Commission of Texas issued an order revising the city gate charge to be paid to the Transmission Division of Lone Star Gas Company by the Distribu- tion Division for the gas the Distribution Division sells in Texas cities and towns for use by residential and commercial customers. This order increased the city gate charge to the Distribution Division by 5.4 cents per MCF effective February 15, 1960. The Railroad Commission's order was issued only after a very thorough study had been made by the Commission of all the facts developed during extended public hearings, which clearly established that the city gate charge of 30 cents per MCF that was fixed in 1942 is now wholly insufficient to compensate Lone Star Transmission Division for the increases in its operating expenses since that time. These increased expenses have resulted primarily from the increased cost of purchasing gas in the fields. Within recent years, numerous large gas pipe lines have been constructed from the gas producing areas of Texas, Louisiana, and Oklahoma to virtually every section of the United States; and these new lines have vigorously competed for all available supplies of gas. Progressively higher wellhead prices have been offered by these new buyers, and Lone Star has, of necessity, had to meet these higher competitive prices for both existing gas sup- plies and for the new reserves required to protect the present and future requirements of our customers. Additional operating expenses have also resulted from higher wages, taxes, costs of materials and supplies, and from the necessity of constructing transportation and gathering lines into more remote areas. The Transmission Division gathers gas in the field and transports it to the various city gates. The Distribution Division receives and pays for the gas at the city gate and dis- tributes it to the customers' premises. The last change in the Distribution Division rate charged for residential and commer- cial service was based on cost of service for the year 19$1 with a city gate charge of 30 cents per MCF in effect. Since that time the cost of serving these customers has continuously increased, due to the higher wages, taxe s, and costs of materials and supplies. As an e-xample, for the same pipe that in 19$1 cost $100.00, the 19$9 cost was $1$7.30. Likewise, for each $100.00 spent in 1951 for meters, the 19$9 cost was $126.70; for trucks $140.29; and payroll cost per employee $151.60. The cost of residential and commercial gas has now increased $.4 cents per MCF. -2- It would certainly be reasonable for Lone Star Gas Company to request that you gentlemen authorize an adjustment in the residential and commercial rate that would include all of the increases in operating costs since 1951 including the 5.4 cents per MCF in the city gate charge. R owever, Lone Star Distribution Division is willing at this time to forego requesting the full adjustment to which it is entitled if you will approve an imme- diate adjustment in the existing rate for residential and com- mercial service by increasing each step of the rate by 5.4 cents per MCF. Since this is the exact amount of the increase in the city gate charge approved by the Railroad Commission, it will not increase the net income of the Distribution Division but would only offset the increase in cost of gas at the city gate. For the average residential customer on our system this will amount to slightly more than one cent per day. We therefore respectfully request your pr ompt approval of the prop osed rate schedule by the enactment of the attached ordinance. Sincerely yours, -\ ) I ¡1//I~/ / /, /96 (J Date Filed -3- _^._~__.___'___M__~_~__·'-"·__~ --~-_...__.._.~.._- ------- AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIIHTS OF NORTH RTC"HT.A"Nn "HTLT,f:; , TÞ.RRANT COUNTY, TEXAS, PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTHRICRLAND H!LLS: SECTION 1. Effective with the first gas bills rendered on or after the / day of ~~ ' 1960, the general service rate for sales of natural gas renae d to residential and commercial consumers within the city limits of North Richland Rills by Lone Star Gas Company, a Texas corporation, its successors and assigns, is hereby fixed and de- termined as follows: First Next Next Next AllOVer Minimum Monthly Bill $.60 700 Cu. Ft. 8 $.1760 per CCF gross; $.1584 per CCF net. 19 300 Cu. Ft." .8433 per MCF gross; .7590 per MeF net. 10 000 Cu. Ft." .8156 per MeF gross; .7340 per MeF net. 20 000 Cu. Ft. 8 .7600 per MCF gross; .6840 per MCF net. 50 000 Cu. Ft." .6489 per MCF gross; .5840 per MeF net. Net rate shall apply to all bills paid within ten days from monthly billing date. In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its busi- ness and to carry out its reasonable rules and regulations in effect. The above rate is applicable to each residential and commercial consumer per month or for any part of a month for which gas is used at the same location. SECTION 2. The rate set forth in Section 1 maybe changed and amended by either the City or Company furnishing gas in the manner pro- vided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Companyls R~les and Regulations currently on file in the Company s office. SECTION 3. The fact that there is an imperative public need for an immediate change and adjustment in the rate for gas and gas servi,ce furnished to residential and commercial consumers creates an emergency and -.----..--------------.""---- the reading and passage of this ordinance at three separate meetings is hereby suspended and this ordinance shall take effect and be in full force from and after the date of its passage at a single meeting and the approval thereof by the mayor. PASSED AND APPROVED on this the -LL day of A.D. 1960. f~ ATTEST: ~ ., (if r ~~/' '..-- City Secretary . /Jc.A~~~/)-. Mayor , STATE OF TEXAS 0 o COUNTY OF TARRA'NT 0 /} .':? Nœ-th "t Ch~~nò ~~--:/~~~ ' c~:~;~a~~~, t~:r~~~y C~~tify that the above and foregoing is a true and correct copy of an ordinance passed and approved by the ~ity ~rnln~il of the City of ~;~~....;;;~ò 1!1~la"t a'fr~IÚt.// session hdd on the ¡R day of ______---s~ ' 1960, a It appears of record In the Minutes of sald . ' , in Book , page . ,W¡rNESS MY HAND AJ'ID SEAL OF SAID CITY, this the -1L day of ~~' , A.D. 1960. City of -2-