07-26-1949 Special Meeting - Laserfiche WebLink

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i ~ MINUTES - SPECIAL MEET I~1G LA PCRTE CITY coMMISSION -JULY 26, 1~9 lo:oo A. ~. Special meeting of the City Commission was called to order by Mayor H. ~• Pfeiffer, with the f®llowiag members and city officials presents Com~misaioner ism. P. Jones, Supt. of Axblio ~or~ Raleigh Erwin, City Attorney Carl C. Pat- rick, Plumbing and Building Inspector Jas. A. Mcs Cauley, and City Clerk J. E• Muldoon. Motion by Jones, second by Pfeiffer, instructing the City Attorney to write an amendment t o Ordinance No. 366 permitting 1" decking to be used ~ Dist s pao fng 24" on cent®r, or 2" decking to be used foist spacing 36" on oertter. Carried. The Maya~r handed the City Clerk an opinion from the City Attorney in eonnee- tion with the use of garbage disposal funds. and ordered same written into the minutes. The opinion read as follows Hon. H. J. Pfeiffer, Mayor City of Ia Port e La Porte, Teaas Re: IIse of garbage disposal funds Dear Mayor Pfeiffer: In reply to the request Wade by you and the City Council as to whether or not the proceeds of a bond issue voted for the pur- port of purchasing an incinerator to be used in garbage dispos- al can be diverted for the purchase of a different type of gar- bage disposal equipment, please be advised that I hairs thnroughiy bri®fed the proposition and also counseled with the bond attorney for the pity, Mr. victor Boaldin. After briefing the question and discussing it with Mr. Boulciin, I am of the opinion that no specific statutory authority exists that would determine the an- swer to the question. It is my further opinion that the procseeds in question can be used faa~ th® purahas® of a different type of equipment so long as such equipment will be used for garbage disposal and will, at the same time, be as effioi®nt and ecanomioal as the incin- erator originally planned to be ,purchased. The necessa,-ry transfer of Sunds is a matt®r that lies solely w].thin the d is cr®ti on of you and the C ouno il. If, in the opin- ion of you and the Council, you have now determined a better and more ecaa~o~mi.cal means of garbage disposal than can be aupp- lied by the incinerator, you certainly wou3.d net be abusing the discretionary pourers vested in your offices if you proceeded to avail yourselves of such means. Respectfully submitted, CCP~oms CARL C. PATRICK, Attorney, City of La Porte