Loading...
HomeMy WebLinkAboutCC 1978-04-03 Minutes MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, APRIL 3, 1978 - 7:30 P.M CALL TO ORDER Mayor Newman called the Special meeting to order at 7:30 p.m., April 3, 1978. ROLL CALL PRESENT: Mayo r Councilmen Tom E. Newman Denver Mills George Conant, Jr. Wal ter Smith Dave Freeman James F. Cato Mayor Pro Tem STAFF PRESENT: City Manager City Secretary City Attorney M. E. Riddle Jeanette Moore Rex McEntire ... ABSENT: Councilwoman Councilman * City Engi neer Dorothy McClure John Lamond, II I Dick Perkins INVOCATION· APPROVAL OF MINUTES The invocation was given by Councilman Conant. *Dic~ Perkins present Approval of Minutes of the March 13, 1978 Meeting Councilman Mills stated that on page 4 the motion should state no consideration given Hall Construction Company on an extension of time until after completion of the job. Councilman Conant stated that on page 10, the motion should state approval of the Special meeting April 3, 1978, but not restricted to these three items. Councilman Mills stated that on page 11 the motion should state Mayor Pro Tern Cato moved, seconded by Councilman Mills. *Dick Perkins present. Motion to approve the minutes as corrected carried 5-0. AGREE~1ENT Item 4a Consideration and Approval of Agreement between Richland Hills and North Richland Hills pertaining to Gl\enview Drive Mayor Newman advised the Council they had a copy of the agreement. Councilman Mills moved, seconded by Councilman Conant, to approve the agreement with Richland April 3, 1978 Page 2 and North Richland Hills dated April 3, 1978, sharing the responsibility of widening Glenview Drive, subject to amending item #3 to state "single residential drive ways". Motion carried 5-0. CONTRACT Approval of Contract with First Southwest Corp. .... Mr. Frank Medanich, President, First Southwest, appeared before the Council. Mr. Medanich stated the Council's most interest in the contract out lining First Southwests responsibilities and duties, preparation of necessary documents; and getting the necessary information to the Bonding Attorney's. First Southwest pays the Boning Attorney's fees. Getting the Bonds marketed, sold and to the purchaser registered with the Controller, then getting the money in the City's bank. Also getting the information to the Rater's in New York. for a current rating on the bonds. Councilman Mills asked about paragraph #2 in the contract. What type of litigation might be involved. Mr. Medanich stated someone might file a law suite aganist the issuance of the bonds and go back at this late date and attack the proceedings having to do with the originial authorization of the bonds. If a law suit were pending it would have to be litigated to its conclusion before the Attorney General would let the City issue the bonds. Any litigation of that nature would not be covered within the normal fee. Councilman Mills asked if the City had any liability associated with this type litigation. Mr. Medanich stated he would not contemplate any liability that would be involved. City Attorney McEntire stated this normally happe~ed at the time of the election. Councilman Mills referred to 3-E of the Contract on how many charges the city would be responsible for. April 3, 1978 Page 3 Mr. Medanich replied if the City required or a purchaser demanded a complete engineering study of the project ör if a substantial amount of work became necessary to engage an independent Certified Public Accountant to do a tremendous amount of work and the City considerated it necessary, the fee would not cover this type expenditure. Councilman Mills asked if this meant First Southwest would deliver a complete package. Mr. Medanich replied that was correct. Mayor Pro Tem Cato moved, seconded by Councilman Freeman, to approve the contract with First Southwest, dated March 13, 1978. Motion carried 5-0. RESOLUTION 78-2 Resolution issuing, approving and authorizing the giving of notice of intention to issue Revenue Bonds Counci lman Freeman moved, seconded by Councilman Smith, tö approve Resolution 78-2, giving notice of intent to issue Revenue Bonds. Motion carried 5-0. OFFICIAL STATEMENT The review and approval of the official statement relevant to three million, five hundred thousand ($3,500,000.00) water and sewer system Revenue Bonds Mr. Medanich stated First Soutwest had been asked to bring the information to this point and this had been done. Passage of this item would incorporate the bond schedule that was previously approved. It is schedule A of A, Band C which provides for sale of the bonds on April 24, 1978. Bids will be taken in the afternoon, opened and read aloud then submitted to the Council at a meeting that night at 7:30 p.m. It does incorporate all conditions of the sale. The Revenue section of theCity1 Audit will be attached. It will be put in final form. Mr. Medanich stated he anticipated a trip to New York, it would be to the Citys advantage for the City Manager and Director of Finance to accompany him. . Mayor Pro Tem Cato asked Mr. Medanich if he had checked over the citys rates and were they adequate. April 3, 1978 Page 4 Mr. Medanich advised he had looked over last years revenue and it is sufficient to recoupe 1. 3 six time s . Councilman Mills asked how the bonds would be advertised. Mr. Medanich replied he had a list of all major and minor bidding companies in the State of Texas. About 800 copies of the notice of sale would be sent to underwriters and to some major banks, 300 to 400 copies would be sent to Dealers in the United States. It will also be advertised in the Texas Bond Reporter. It would possibly be carried in the Bond Buyers Guide in New York. Mayor Pro Tem Cato moved, seconded by Councilman Conant, to approve the official statement relevant of three million, five hundred thousand ($3,500,000.00) water and sewer system Revenue Bonds. Motion carried 5-0. POLICY #6 Consideration and approval of Policy #6 concerning curb, gutter and drainage along State maintained roadways Councilman Conant moved, seconded by Councilman Freeman. ,to approve Policy #6. Motion carried 5-0. LONE STAR GAS RATE RESOLUTION 78-3 Consideration of Lone Star Gas Rate request (approval, disapproval or table up to 30 days for more study) Mr. Charles Mettler, Lone Star Gas Company, appeared before the Council. Mr. Mettler advised the Council it was the Companies desire for the Council to approve their request. He stated they had appeared before the Council on October 31, 1977, and the request was suspended for 120 days. The time will be up the 5th of April. Councilman Mills moved, seconded by Councilman Freeman, to approve Resolution 78-3, which reads as follows: "vJhereas, the City Council needs additional time to study the Schedule of Rates filed October 31, 1977: Now, Therefore, be it resolved by the City Council of the City of North Richland Hills, Texas, that: April 3, 1978 Page 5 The Schedule of Rates filed by Lone Star Gas Company on October 31, 1977, is suspended for an additional 30 days and until May 3, 1978." Motion to approve carried 5-0. Public Hearing to be April 24~ 1978. UTILITY ASSOCIATES Consideration and approval to hire Associated Utility Associates to study gas rates for the City City Attorney McEntire advised the Council he had met Mr. Jimmy Smith and Mr. Bob Danes who is with Associated Utility Associates while in Austin. He advised them to get all the information . pertaining to North Richland Hills they could. They have been involved with seventeen different cities with this application. Mr. McEntire stated the gas Company would have to pay the Associates fee of-$35.00 an hour. " Mr. Dane appeared before the Council, he stated th~y had already done a lot of research for North Richland Hills. Mayor Pro Tem Cato asked if the rules of the Associated Utility Associates stated the gas company would reimburse the city anything that was paid out. Mr. Dane replied that was correét; Councilman Freeman asked Mr. Dane what the total cost would be. Mr. Dane replied basically around $5,000. Councilman Freeman asked if that would be the amount for North Richland Hills. Mr. Dane stated there was a possibility it would. be less. ENGINEERING GRAPEVINE HIGHWAY Councilman Freeman moved, seconded by Mayor Pro Tem Cato, to hire Associated Utility Associates to study the gas rate, with the understanding the fee will be paid by the Gas Gompany. Motion carried 5-0. Consideration and approval of engineering for utility adjustments on Grapevine Highway Counci lman Mi 11 s moved,' seconded by Counci lman Conant, to approve the engineering on Grapevine April 3, 1978 Page 6 Highway and the Engineer to prepare bid documents on the project. Motion carried 5-0. TEXAS MUNICIPAL LEAGUE PROPOSAL Consideration of proposal to participate with Texas Municipal League concerning Southwestern Bell rate request City Manager Riddle advised the Council the City had participated with TML last time and they were able to lower the rates. Councilman Mills moved, seconded by Councilman Smith, to approve participation with TML, amount to be $412,85. Motion carried 5-0. RESOLUTION 78-4 Resolution canvassing the returns of the election of April 1. 1978 City Attorney McEntire read the following Resolution: "WHEREAS, an Election was duly held in the City of North Richland Hills, Texas, on the 1st day of April 1978, to elect a Mayor and Council to Places 1, 2, 3, 4, 5, 6, and 7, and WHEREAS, the Mayor and City Council duly canvassed the votes of said election on this the 3rd day of April, 1978, and WHEREAS, the canvass showed the following results: Candidates Office Tota 1 Tom E. Newman Leroy Teehee Di ck Faram Mayor Denver Mills Don Wilson Place 1 Place 2 Place 3 320 385 703 899 450 747 615 470 417 444 Lena Mae Reeder Marvin Reed Charles Dean Porter Wayne Goodman James T. Wood R. P. Vinal Place 4 350 J. C. Hubbard 305 John W. Michener, Jr. 641 J. W. Chil dress 98 Sidney A. Cavanaugh Walter Smith Place 5 747 559 April 3, 1978 Page 7 James F. Cato W. F. Polster Council Place 6 779 583 844 500 Dave Freeman Michael Taylor Council Place 7 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The above canvass be and the same is hereby in all things approved. The Council finds that the following candidates shöuld be declared elected to the office indicated: Office Council Place 1 Council Place 2 Council Place 5 Council Place 6 Council Place 7 Duly Slected Official Denver Mi 11 s Lena Mae Reeder Sidney A. Cavanaugh Dave Freeman James F. Cato It further appearing that no candidate received a majority of the vote for the offices here:ilnafter indicated and that therefore, no candidate should be declared elected to such office: Office Mayor Council Place 3 Council Place 4 The Council finds that Leroy Teehee and Dick Faram are the two high candidates for Mayor: that Charles Dean Porter and James T. Wood are the high candidates for Council Place 3; and that R. P. Vinall and John W. Michener, Jr. are the two high candidates for Council Place 4 and that a run off election between the two high candidates shall be held on the 29th day April, 1978, at the City Hall, between the hours of 7:00 a.m., and 7;00 p.m. to determine the offices of Mayor, Council Place 3 and Council Place 4. 3. Dorothy 'McCl ure is hereby appoi nted as El ection Judge and Laura Wilhite to serve as Assistant Judge at such run off election. The election shall be conducted according to the laws of the State of Texas. Apri 1 3, 1978 Page 9 City Council Place 4 NOW, THEREFORE, BE IT PROCLAIMED, that a run-off City Election will be called for the election of Mayor and Councilman Place 3 and Councilman Place 4 as provided by said Charter and as prescribed by the Laws of the State of Texas; Section 1: That said run off election be held on the 29th day of April, 1978, A.D., between the hours of seven o'clock a.m., and seven o'clock p.m. Section 2. That said run off election will be held at the following place for the eleven (11) precincts in said City: Ci ty Ha II Section 3. That the following named persons shall serve as Judge and Alternate Judge at the respective voting place. City Hall - Dorothy McClure Laura Wilhite If the regularly appointed presiding Judge is unable to serve at the election, the alternate presiding Judge therefore shall serve as presiding Judge. Such election Judges shall choose such other e 1 ecti on offi cers as the Judges may deem .) proper. Section 4: a. Absentee voting by personal appearance shall commence on Monday, April 10, 1978, at 8:00 a.m., and shall continue through Tuesday, April 25, 1978, at 5:00 p~m. Such absentee voting shall take place in the Office of the City Secretary in the City Hall during regular business hours by paper ballot. b. Absentee voting by mail shall commence on Monday, April 10, 1978. The marked ballot must be mailed to the City Secretary in an envelope postmarked not later than midnight, Friday, April 28, 1978, and must be received in the City Secretary's office before 1:00 p.m., on Saturday, April 29, 1978. Section 5. All qualified voters residing within the corporate 1imits of the City of North Richland Hills, County of Tarrant, Texas, shall be entitled to vote at said election. Apri 1 3, 1978 Page 8 Mayor Pro Tem Cato asked if the Council had to vote on the Resolution naming the ELection Judges or was it done by proclamation. City Attorney McEntire advised the Council Could pass the Resolution deleting the· appointing of the Judges. Mayor Pro Tem Cato moved, seconded by Councilman Mills, to approve Resolution 78-4 subject to the deletion naming the Election Judge. Motion carried 5-0. SEATING COUNCILMEMBERS Swearing in and seating of new Council persons (Oath of Office) PROCLAMATION City Attorney McEntire administered the fo 11 owi ng Oath óf.Offi ce to Counci 1 men r~i 11 s, Cato, Freeman and Councilwoman Reeder: "I , do solemnly swear (or affirm), that I will faithfully execute duties of the office of (City Councilman or Mayor) of the City of No~th Richland Hills, State of Texas, and will to the best of my ability, preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm) that I have not dirp.ctly or indirectly paid, offered, or promised to pay, contributed nor promised to contribute any money, or valuable thing, or promised any public office or employment as a reward for the giving or withholding a vote at the election at which I was elected. So help me God." Proclamation calling a run-off election for April 29, 1978 City Attorney McEntire read the following proclamation: "WHEREAS, Article V, Section 8 of the Charter of the City of North Richland Hills provides that when an election results in a candidate not receiving a majority of votes, it is the duty of the Mayor to order a second election for the office or offices in which candidates did not receive a majority of votes , and WHEREAS, in the regular Municipal Election of the City of North Richland Hills on Saturday, April 1, 1978, no candidate received a majority of votes in the race for the following office: Mayor City Council Place 3 Apri 1 3, 1978 Page 10 Section 6. The election shall be conducted laws of the State of Texas. The City Secretary is directed to procure paper ballots, for the run off election on Saturday, April 29, 1978, and paper ballots are hereby adopted as the .method of voting at such election. ITEM ADDED TO THE AGENDA Section 7. The City Secretary is hereby directed to post in the City Secretary's office and to publish in the official newspaper of the City, notice of such run off election, at least 20 days prior to the date thereof. Mayor Pro Tern Cato advised the Mayor a letter had been received from Councilman Lamond resigning his place on the Council. This needed to be added to the agenda. Mayor Pro Tem Cato moved, seconded by Councilman Freeman, to add this item to the agenda. Motion carried 6-0. Mayor Pro Tem Cato moved to accept the resignation of Councilman Lamond. Motion carried 6-0. ADJOURm1ENT Mayor Newman adjourned the meeting of April 3, 1978. ~ .2 é¿vt& (~o Tem ATTEST: ) / f.('.<?"Nj'j< Jeanette Moore - City Secretary }& L( ¿>"