1971-03-15 CC MinutesCITY OF FARMERS BRANCH
CITY COUNCIL
MINUTES OF A REGULAR MEETING
March 15, 1971
All .members of the City Council
Mayor
Mayor Pro-Tem
Councilmen:
were present:
George G. Grimmer
W. R. Linn
Ray Flaherty
Bill McClung
Al Korioth
Bill Binford
City Manager
City Attorney
City Secretary
Paul M. West
George McDonald
Ruth Ann Parish
Mayor Grimmer called the meeting to order at 7:30 P.M. which was held in
the Council Chambers located in the Police Building. J. W. Wade gave
the invocation.
APPROVAL OF MINUTES
Upon a motion by Councilman Binford, a second by Councilman Korioth, all
voting "aye", approved the minutes as written of the City Council meeting of March
1971, after a correction of deleting the last sentence of the second paragraph
from the bottom of page 237 was made.
Upon a motion by Councilman Linn, a second by Councilman Flaherty, all voting
"aye", approved the minutes as written of a Special City Council meeting of
March 8, 19 71.
SERVICE AWARD PRESENTED
Mayor Grimmer presented a service award for 15 years of employment with
the City to L. R. Yager of the Fire Department.
CERTIFICATES OF APPRECIATION PRESENTED
Mayor Grimmer presented Certificates of Appreciation to Don Swanson and
Ron Willer for volunteered work they had done for the Recreation Department,
Certificates of Appreciation were also issued to Pet;: Deal and Carol Peters
for their volunteered work for the Recreation Department.
ORDINANCE NO. 871 - PROVIDING INSTALLMENT PLAN FOR PAYMENT
OF FINES.
After reviewing the ordinance, a motion by Councilman Korioth, a second
by Councilman McClung, all voting "aye", adopted the following captioned
ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS
ENACTING AND AUTHORIZING THE INITIATION AND USE OF AN
INSTALLMENT PAYMENT PLAN FOR THOSE WHO CAN PROVE THEY
ARE TOO POOR AND ARE NOT ABLE TO PAY FINES WITHIN TEN DAYS
OF THE JUDGMENT RENDERED BY THE MUNICIPAL COURT OF THE
CITY OF FARMERS BRANCH, TEXAS: AND DECLARING AN EMERGENCY.
Page 241.
BID TABULATION FOR PETROLEUM PRODUCTS AWARDED.
After reviewing all bids, a motion by Councilman Korioth, a second by
Councilman Flaherty, awarded the bid for gasoline, diesel fuel, and anti-
freeze, which are Items 1, 2, 3, 4, and 7 on the tabulation sheet, to
Texaco, Inc. , and the bid for lubrication, which are Items 5, 6, 8, 10, 11,
12, and 13 on the tabulation sheet, to American Petrofina Company. The
motion carried with Councilmen Korioth, Flaherty, McClung and Binford
voting "aye"Councilman Linn abstained. Councilman Linn abstained
from voting because he is employed by Mobil Oil Company, one of the bidders.
The Bid Tabulation Sheet is attached.
FEDERAL REVENUE SHARING BY MAYOR GRIMMER.
Mayor Grimmer explained a bill that would be up before the State Legislation
on Federal Revenue Sharing. A. resolution opposing to this bill was presented
for consideration.
After some discussion on the attached resolution, a motion by Councilman
Korioth, a second by Councilman McClung, all voting "aye", passed the
resolution opposing Federal Revenue Sharing.
LEGISLATION BILLS DISCUSSED.
Mayor Grimmer read the attached resolution opposing Senate Bill No. 537.
A motion by Councilman Linn, a second by Councilman Korioth, all voting
""aye", passed the resolution opposing Senate Bill No. 537.
Mayor Grimmer read the attached resolution opposing House Bill No. 766.
A motion by Councilman Korioth, a second by Councilman Binford, all voting
"aye", passed the resolution opposing House Bill No. 766.
Mayor Grimmer read the attached resolution opposing House Bill No. 746.
A motion by Councilman Korioth, a second by Councilman Linn, all voting
"aye'", passed the resolution opposing House Bill No. 746.
Mayor Grimmer read the attached resolution opposing Senate Bill No. 477 and
House Bill No. 758, A motion by Councilman Linn, a second by Councilman
Korioth, all voting "aye", passed the resolution opposing Senate Bill No. 477
and House Bill 758.
City Attorney George McDonald read the attached resolution opposing House
Bill No. 765. A motion by Councilman Flaherty, a second by Councilman
Korioth, all voting "aye", passed the resolution opposing House Bill No. 765.
Mayor Grimmer read the attached resolution opposing House
Bill No. 816. A motion by Councilman Binford, a second by Councilman
Flaherty, all voting "aye", passed the resolution opposing House Bill No. 816.
Page 242.
CITY OF FARMERS BRANCH
Petroleum Products - 70-71
Bid Opening Date 2-24-71
ITEA QUAN DESCRIP. OF PROD UNIT BIDDERS
GULF
MOBIL
TEXACO
ENCO FINA
ARCO (1 yr)
UN PR AMOUNT
UN P.R:
AMOUNT
UN/PR I
AMOUNT
UN PR
AMOUNT UN PR AMOUNT
UN PR AMOUNT
}
1.
8,000 Gas Prem Tank Pr Gal 0.1545 1,236.00
0.1530
1,224.00
0.1550
1,.240.0
0.1550
1,240.0 No Bid
0.1460 1,168.00
1
4
6
2.
72,000 Gas Prem Trans P, Gal 0.1370 9,864.00
0.1430
10,296.00
0.13501
9,720.0
0.1419
10,216.8
0.1350 9,720.00
3.
L10,0001 Regular Gas Ga1l'0.1170 12,870..00
0.1225~
13,475.001
0.11301
12,430.0U,
0.1196
13,156.00 No Bid
0.1179112,969.00
4.
8,400 Diesel Fuel #2 ~ Ga17
0.1314 1,103.76
0.1280
1,075.20
0.1230,
1,033.2
0.1300
1,092.00 No Bid
0.12501 1,050.00
5.
3601 Gear Oil i Lb
0.17 61.201
0.185
1 66.60°
t
0.1500
54.00?
0.2100
75.60F0.1375
49.50
0.135 48.60
6. 11100# Chasses Lube i Lb
0.21501 236.50°
0.2225
; 244.75
0.1900
209.0
d 0.2350
258.50 0.14
154.00°
0.19 209.00
7. 300; Anti-Freeze Gal,
No Bid
I No Bid
1.15
345.0
s 1.40
420.00 1.28
384.00
No Bid
a.
2,400; Motor Oil Gal
0.76001 1,824.OO
iO.77 1,848.00
€0.88
2,112.00
1 0.9400
2,256.00,0.48
1,152.00
0.79
1,896.00
J
9 3
9
~ `
9. 600 Kerosene i Galj
0.2580 . 154.80!0.2680 160.80
, No Bid
0.2180
130.80 No Bid
No Bid
10.i 110, Automatic Trans Gal
1.57 172.7011.21 1 133.10
1.30
143.00
1.38,
151.8030.72 79.20
1.29 141.90
r Automatic Trans
ll.i 110 1 Dexr Gald
e t
j
1.57 172.701.21 133.10
1.30
143.00
1 1.38
151.80 0.72 79.20
1.29 141.90
12.1 110 Tractor Trans kal¢
1.44 158.40'1.36 { 149.60
11.17
128.70
1.40
154.0010.68 74.80
1
1.01 111.10
'
1
i
13.5 1,400
:,Hydraulic Oil ,Gal 0.6100 ? 854.0010.64 896.00
0.584
812.00
0.77,
1,078.00 0.44 616.00
0.54 756.00
RESOLUTION OPPOSING SENATE BILL 537
WHEREAS, by reason of Senate Bill 537 which amends Section 22
of Article 1269m, V.T.C.S. by deleting the first paragraph which
provides that employees in the Fire Department and the Police Dep-
artment are not permitted to take part in any political campaign
for an executive position of the city; and
WHEREAS, the elimination of this paragraph above will permit
policemen and firemen to freely participate in local political
campaigns; and
WHEREAS, this city's position is the proposition that all
local government employees have no valid nor legitimate roll in
governmental election campaigns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FARMERS BRANCH, TEXAS:
SECTION 1. That Senate Bill 537 is
it allows city employees to get involved
been a long standing unwritten law among
employees become politically orientated.
SECTION 2. That this bill must not
stated and for the reason that the city
determine its own future locally.
DULY PASSED on the 15 day of
hereby opposed because
in politics which has
cities not to let the
be adopted for the reasons
should have the right to
March , 1971.
ADOPTED AND APPROVED:
Mayor Geor e immer
City Secretary
City Attorney
RESOLUTION OPPOSING HOUSE BILL 766.
WHEREAS, by reason of House Bill 766 which provides that a city can
no longer require that city employees reside within the
city limits as a condition of employment; and
WHEREAS, the bill abolishes the present right of the city councils to
require municipal employees to reside within the city
limits; and
WHEREAS, this bill is in direct conflict with this city's belief that
matters relative to the conditions of employment for
local employees are best decided locally.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FARMERS BRANCH, TEXAS:
SECTION 1. That House Bill 766 is hereby opposed because it eliminates
the cities' right to determine the conditions upon which a
person can be employed. `
SECTION 2. That House Bill 766 must not be adopted for reasons stated
and because it infringes upon the cities' right of local
self -governmen .
DULY PASSED on the 1g~day of March 1971.
ADOPTED AND APPROVED:
Mayor eorge G rimmer
ATTEST:
City Secretary
City A torney
RESOLUTION OPPOSING HOUSE BILL NO. 746
WHEREAS, by reason of House Bill No. 746 which prohibits any peace
officer holding a permanent appointment from being eligible
to hold a position of supervisory responsible after January 1,
1975, unless such officer has satisfactorily completed a three
hundred hour classroom program of supervisory training at
an approved school, and after January 1, 1980 has to complete
a six hundred hour classroom program of supervisory training,
and;
WHEREAS, the Bill also prohibits permanent appointment of peace officers,
unless such officers have satisfactorily completed a preparatory
classroom program of training in law enforcement in an approved
school; example : an officer appointed on or after January 1, 1980
must have not less than one-thousand hours of classroom prepara-
tory classroom instruction on law enforcement, with the punishment
for violation of the above being $100 to $1000 fine; and
WHEREAS, this proposed legislation dictates what this city should require
as qualifications for its police officers and police supervisors;
and
WHEREAS, the Bill is mandatory and not permissive and in affect tells the
city what is required in appointing or hiring police officers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FARMERS BRANCH, TEXAS:
SECTION L. That H. B. 746 is hereby opposed because it is mandatory and
not permissive in setting out qualifications and requirements
for the appointment and hiring of police officers and police
supervisors.
SECTION 2. That H. B. 746 must not be adopted for reasons stated above
and for reason that only the'City of Farmers Branch, Texas
should be the entity which dictates the qualifications and re-
quirements for its police officers, so as to also preserve the
cities' right of local self determination.
DULY PASSED on the 1,5 day of , 1971.
ADOPTED AND APPROVED:
Mayor G org G rimmer
ATTEST:
C y ~Se
RESOLUTION OPPOSING SENATE BILL NO. 477 AND
HOUSE BILL NO. 758
WHEREAS, by reason of Senate Bill No. 477 and House Bill No. 758
which proposes the creation of Human Relations Commission
in an attempt to bring the enforcement of civil rights down
to the local level; and
WHEREAS, the Bills provide that the Commission may hold hearings;
that any individual may file a charge; that the Commission
is not bound by strict rules of evidence; and upon violation
the Commission may issue a cease and desist order; require
the defendant to take affirmative action; require a report of
the :manner in which it complies with the order; and violation
of the act and an order of the Commission is punished by a
fine of not more than $500, or confinement in jail up to
1 year, or both; and
WHEREAS, by this Bill the State Legislature is attempting to invade
the province and jurisdiction of all local subdivisions and
it is attempting to create a nine-headed agency which watches
over the local self government of municipalities; and
WHEREAS, this Commission has the full power of a court but is not re-
quired to proceed under strict rules of the evidence; the
so called Commission within its discretion can find a defend-
ant guilty and fine him up to $500 and confine him in jail up
to l year or both, without following the strict rules of evidence
which every court is forced to do, as a safety measure for the
defendant:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FARMERS BRANCH, TEXAS:
SECTION 1. That H. B. 758 and S. B. 477 are hereby opposed because the
Commission is a watch-dog over local governments and because
it does not have to comply with the strict rules of the evidence.
SECTION 2. That H. B. 758 and S. B. 477 must not be adopted or passed for
reasons stated above and for the reason that it is possible and
likely that a person can file a charge against a defendant and
subsequently the Commission find the defendant guilty without
due process under the constitution.
DULY PASSED on the _ day of 1971.
ADOPTED AND APPROVED:
Mayo G orge u rimmer
ATTEST:
RESOLUTION OPPOSING HOUSE BILL 765
WHEREAS, by reason of House Bill 765 which proposes to amend
Article 1269 m, V. T. C. S. by removing the present
90-day ceiling on the number of compensable sick-
leave and vacation days accumulated by police and
firemen; and
WHEREAS, this bill is one more step to bankrupt the cities of Texas
and in turn the citizens of the State by raising each resident's
taxes to pay for the benefit of a small group; and
WHEREAS, the necessity of policemen and firemen and any benefits
for them are in themselves good for the community and
its residents but in the case at hand, the State Legislature
wants to create an open ended and unlimited catastrophe
for all Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FARMERS BRANCH, TEXAS:
SECTION 1. That House Bill No. 765 is opposed because it is an
economic disaster for the over burdened tax base of all cities
and for the residents of Texas cities.
SECTION 2. That House Bill No. 765 must not be adopted for reasons
stated and because it invades and all but destroys the
cities' right of local self-determination.
DULY PASSED ON THE 15 day of March 1971.
ADOPTED A ND A PPROVED:
Mayor George 0.~'rimmer
ATTEST:
APPROVED AS TO FORM:
ity Secretary
City Attorney
~..~x~ vrr. vo tivv nuuar~ n.LLL ay O.LV
WHEREAS, by reason of House Bill 816 which proposes an advisory
commission on inter-governmental relations, the purpose
of which is to improve the coordination and cooperation
between the State and it's local governments, with the
duties of the commission being to evaluate the inter-re-
lationships along Texas local, state and Federal agencies
and to prepare studies and to evaluate the State's role
in assisting it's political subdivisions and serve as a
forum for discussion and resolution of serious inter-
governmental problems; and
WHEREAS, on it's face this advisory commission looks fine and good but
it could very easily become a watch-dog over the cities; and
WHEREAS, this Bill is one more step in a trend of State legislature
trying to create a separate level of government which would
have authority and control over the local city governments;
and
WHEREAS, the real question about this Bill is, whether or not this
advisory commission will eventually become a separate govern-
mental entity which has control-and authority over the local
city governments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FARMERS BRANCH, TEXAS:
SECTION 1. That H. B. 816 is hereby opposed because it tends to create
a separate governmental entity which would have control over
the local city governments.
SECTION 2. That H. B. 816 must not be adopted or passed for reasons
stated above and for the reason that only the City of Farmers
Branch, Texas should be the governmental entity which decides
its own future without a governmental watch-dog such that the
preservation of the city's right of local self-government
is secured.
DULY PASSED on the day of 1971.
ADOPTED AND APPROVED:
May r G org G Grimmer
ATTESTED:
Xz~ 4 I
City Secretary
CITY MANAGER REPORTS.
City Manager Paul West gave a report on the satisfactory ambulance service
the City has. Mr. West explained about a County-wide ambulance service
proposal to be introduced to the legislation by Dallas Mayor Pro-Te.m that
would tax each automobile $1. 00 to supply county funds for free County-wide
ambulance service. Mr. West told what it would cost Farmers Branch under
this bill and what it cost the city with its own ambulance service.
After some discussion, a motion by Councilman Korioth, a second by Councilman
Flaherty, all voting "aye", was made to send Mr. West's report to Senator
Mauzy and Representative McKissack,and all Dallas County State Legislators.
Mr. George Locus praised the City's ambulance service.
The City Manager gave reports on items of interest from the various
Departments of the City.
GUESTS RECOGNIZED
Mayor Grimmer recognized some young boys whose father said he brought
to observe a Council meeting.
VA LWOOD CIRCLE PARKING.
Mr. George Locus asked that the proposed ordinance for No Parking on the
West side of Valwood Circle be tabled for 30 days. He also asked that
Valwood Circle be posted 10 M. P. H.. Mr. Locus presented facts of the
meaning of cul-de-sac.
Mr, Arthur Runkel asked the Council if they had surveyed Valwood Circle?
Mayor Grimmer explained that the Council could not take any action on this
subject since this was not on the Agenda.
With no other discussions, Councilman Linn moved for a 5 minute recess
before going into Executive Session. Councilman Korioth seconded the
motion, all voted "aye".
EXECUTIVE SESSION.
City Manager Paul M. West presented some costs for right-of-way in
the Spring Valley paving project which were by two appraisers. Eleven tracts
of property are involved.
After some discussion, Councilman Binford moved to make an offer to these
property owners, an offer equal to the average of the two appraisers, and if
they do not accept in 30 days, then proceed with condemnation proceedings.
Councilman Linn seconded the motion and all voted "aye".
There was a discussion on some trips to Austin and Mr. West told of two
tours of the City that were in the making.
Page 243.
ADJOURNMENT
Upon a motion by Councilman Linn, a second by Councilman Binford, all voting
"ayeadjourned the City Council meeting of March 15, 1971 at 9:01 P. M. .
Mayor George G. G mer
City Secretary
1
Page 244.