The Galveston County Daily News

FRIENDWOOD — The mayor of Alvin said based on early information, he’s not interested in giving Friendswood land it had planned to buy for parks, but he’s willing to listen to an offer, anyway.

Mayor Gary Appelt will meet with Friendswood officials this week to discuss Friendswood’s request to annex 60 acres the city had planned to buy before a judge ruled in July it could not buy the land using money from certificates of obligation.

Some Friendswood City Council members have said they are confused about whether the judge’s order bars the city from buying the Alvin land using other sources of revenue. They agreed Monday to negotiate with Alvin to annex the land to avoid any legal ramifications from buying land outside city limits.

Not Fair To Alvin

Appelt said Wednesday he sees little benefit for Alvin residents if the city gave that land to Friendswood. Alvin recently spent between $1.5 million and $2 million improving the water and sewer systems in the northern part of the city, near the site on FM 528 that Friendswood signed a contract to buy in September 2008.

If Alvin de-annexed the land, Friendswood would provide its own water and sewer services to the annexed area. Friendswood would not use Alvin’s services, and Alvin wouldn’t profit from water and sewer revenues on the annexed land.

The cost Alvin already has incurred for improving the water and sewer system would fall on the shoulders of the other Alvin residents living in that area of town, Appelt said.

“I just don’t think it would be fair to citizens of Alvin,” he said.

Still, Appelt said he’s willing to “be open-minded” and listen to Friendswood’s offer before Alvin’s city council makes a decision on de-annexing the land.

Animal Shelter To Sweeten Deal?

To sweeten the deal, Friendswood is willing to offer to build, with Alvin, a regional animal shelter to serve both cities, Friendswood Councilman Andy Rivera said Monday.

The animal shelters in Alvin and Friendswood are both outdated and cramped, officials said. Friendswood’s animal shelter, which is almost 30 years old, lacks storage space and kennels. Alvin’s animal shelter, which is nearly 40 years old, has 19 kennels even though, at its peak, the shelter holds 40 dogs, Rob Noerr, a member of the city’s shelter advisory committee, said.

Friendswood had planned to replace its animal shelter by issuing $1 million in certificates of obligation, but Judge Scott Jenkins of the 53rd District Court in Travis County struck down that plan because the city’s charter bars the issuance of debt without voter approval. Alvin officials have been trying to raise money and solicit donations to replace the city’s shelter.

Alvin has a desperate need for a new animal shelter, Appelt said, but that bonus may not be enough to convince city leaders to hand off the land, he said.

“I don’t think it’s enough to offset the investments we’ve already made to the infrastructure,” he said. “But I’d be willing to keep an open mind and see what they have to offer.”

Other Options

If Alvin doesn’t agree to the annexation, Friendswood officials are left with few alternatives, officials said.

The city could:

• Pay penalties, which could top $1 million, associated with terminating a contract with landowner David Wight. The city’s attorney recommended against that. Attorney Bobby Gervais warned council members that if they pay the penalties, and the contract is illegal, they face personal liability and may have to forfeit their seats on council because of violation of the city charter.

• Assume the judge’s ruling means the contract is void and refuse to pay the penalties. Wight, however, could sue the city for default of contract, Gervais said. Defaulting on the contract may scare away other contractors who wish to do business with the city, Councilman Jim Hill said.

“I feel desperately sorry for Mr. Wight,” Hill said. “The only thing that man has done wrong is try to help the city of Friendswood and for that, he may suffer substantial losses.”

Neither option, however, addresses the lack of park space for Friendswood children who play baseball, soccer and football.

Hill said that, instead of trying to salvage the Alvin land deal, the city should call a bond referendum. Residents should have the option to vote on increasing their taxes to buy more expensive park land within Friendswood, Hill said.

“I think the Alvin deal is done,” he said. “I think we need to cut our losses.”

Jenkins could not be reached for comment on his ruling. Jenkins signed an order in July ruling in favor of five residents, who fought the city’s plans to issue $11 million in certificates of obligation, in part to buy park land outside of the city limits.