Loading...
HomeMy WebLinkAboutCC 1975-02-10 Minutes CALL TO ORDER ROLL CALL INVOCATION APPROVAL OF MINUTES PETITION TRICOUNTY ELECTRIC MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, FEBRUARY 10. 1975 - 7:30 P.M. Mayor Dick Faram called the regularly schdeduled City Council meeting to order February 10, 1975, at 7:30 p.m. PRESENT: Mayor Councilmen Councilwoman Dick Faram Dr. Norman Ellis Jim Wood George Conant, Jr. John Lamond James Cato Tom E. Newman JoAn Goodnight STAFF PRESENT: Acting City Secretary City Attorney Ci ty Engi neers Ruth Pinner Tim Truman Dick Perkins Greg Dickens Ted Castleberry Stan Gertz Fire Chief Fi re Lieutenant Traffic Safety Coordi nator R. L. Shade PRESS REPRESENTATIVES: Tom Mi tche 11 Don Harrison Mid-Cities Daily News Fort Worth Star Telegram The invocation was given by City Attorney Tim Truman. Motion was made by Councilman Conant. seconded by Councilman Newman, to approve the minutes of the January 27, 1975 meeting as presented. The motion carried by a vote of 7-0. Petition Regarding Tri-County Electric Co-op Inc. A petition bearing approximately 22 signatures requesting their electrical service be changed from Tri County Electric Co-op to Texas Electric Service Company was presented to the Council. Mr. William M. Palmer, 7325 Bursey Road, appeared before the Council to represent the people signing the petition. He stated the high cost Page 2 February 10, 1975 of electricity bills was the reason for the request for a change. He stated the fuel adjustment charge on the electric bill at the present time nearly equals the electric bill. He presented a bill showing electricity at $65.56, fuel adjustment $45.71, tax, $4.45 for a total of $115.72. Councilman Newman inquired as to how many residents had electric bills similar to this one. Mr. Palmer replied approximately 25. Councilman Newman stated he felt the Council had a responsibility to these people and suggested to the Council that they take necessary steps to warn Tri County Electric to appear for a hearing. Councilman Ellis asked the City Attorney for an opinion on the City's Legal position. Attorney Tim Truman stated that Tri County has a franchise that is limited in that they cannot expand service. Any residences that are being serviced since the adoption of the ordinance have the right to choose which electric company they want. The City cannot tell Tri County Electric to sell to Texas Electric. The City has the authority to regulate rates. The City can give notice to Tri County and give them an opportunity to appear and present facts as to income and expenses. A refusal to submit to examination would be grounds to cancel the franchise. If the utility company disagrees with the Council on a fair rate of return, they can go to the District Court. The City will need a rate expert if findings are challenged. Tri County Electric has a base rate comparable to Texas Electric; the difference in the bills is the fuel adjustment. If the Electric Company is passing on cost of gas only, the rate of return would be the same as Texas Electric. Councilman Ellis asked the date of the Ordinance. Attorney Truman stated May 25, 1964. Councilman Ellis asked if there were any residences built since May, 1964 and was told there were. Councilman Ellis asked if they were being serviced legally. Attorney Truman Page 3 February 10, 1975 said Tri County Electric was operating without a franchise to residences. Councilman Ellis asked if this was grounds for breaking the franchise and Attorney Truman replied lIarguably SOli. Councilman Cato asked the City Attorney if since no franchise can be exclusive, why can't Texas Electric serve these people. Attorney Truman stated they could, but probably would not. Councilman Cato stated that where the houses were built after 1964 and the building permit was issused by North Richland Hills, Tri County was serving illegally. Councilwoman Goodni ght aske,d if there was any immediate relief for these people. Attorney Truman stated the City could file an injunction stating immediate danger and post a bond. He advised the City to be hesitant in filing an injunction because if they lost the case, the City could be forced to pay all damages. Councilman Newman stated there were several ways that Tri County Electric had broken the contract. They have not submitted total revenue figures to the City. He feels they have broken the contract and should be stopped. Councilman Conant asked if we terminate the contract, are there any provisions for interim service. Attorney Truman stated there were none and that all Tri County had to do was throw the switch. Councilman Newman stated that Texas Electric has lines in the area. Motion was made by Councilman Lamond, seconded by Councilman Newman, that the City Attorney be instructed to write a letter to Tri County Electric saying they have violated their franchise by servicing the people whose homes were built after May, 1964 and they have 30 days to crease and desist. Motion carried by a vote of 7-0. BIDS INSURANCE Consideration of Approval of Insurance Bids Insurance bids for the City liability and cars were presented from four Insurance Companies. Motion was made by Councilman Wood, seconded by Councilman Newman, that we approve the bid from Alexander and Alexander in the amount of $15,416. Motion carried by a vote of 7-0. CIVIL SERVICE REQUEST FOR BIDS APPEAL HEARING REQUEST PZ 75-2 & pz 75-3 CITIZENS PRESENTATION FRANK A. PROCTOR, JR. ~ Page 4 February 10, 1975 Consideration of the Civil Service Commission's Request for Bids on Job Classification Consultant Councilman Cato explained that we were requesting bids on three phases of work. Phase I being Organizational and Functional Analysis, Phase II being Classification and Description, and Phase III being Forms, Rules and Testing. He stated the City was giving the option to bid on Phases I, II, and III; or Phases II and III only; or Phase II only. Councilman Wood pointed out that the opening of bids was scheduled for March 3, 1975 and requested the approval be put on the Council agenda for the March 10, 1975 meeting. Motion was made by Councilman Newman, seconded by Councilman Conant, to approve the Statement of Work for bids as requested. Motion carried by a vote of 7-0. Consideration of Granting an Appeal Hearing for Richland Enterprises, Inc., on PZ 75-2 & PZ 75-3 Mr. Allan Hamm, 408 Woodbriar, represented Richland Enterprises in requesting an Appeal Hearing. He stated that Richland Enterprises would like to try to work out a compromise with the adjacent homeowners. Mayor Faram asked Mr. Hamm if an Appeal Hearing was grnated, would he have a meeting with the homeowners to try to come to some kind of compromise. Mr. Hamm stated he that would and also if possible, have a representative of the Council present at the meeting. Motion was made by Councilman Newman, seconded by Councilman Conant, that the Appeal Hearing be granted and set March 10, 1975. Motion carried by a vote of 7-0. Citizens Presentation Frank A. Proctor, Jr. 5404 Susan Lee Lane North Richland Hills, Texas Mr. Frank A. Proctor, Jr., 5404 Susan Lee Lane, appeared before the Council to protest the building Page 5 February 10~ 1975 of the proposed new City Municipal Complex. He stated the Elective Officials should be responsive to the needs and wants of the people. The government serves to serve people and protect people. In regard to the proposed new City Municipal Complex, the people had this put before them and voted it down. Mayor Faram stated he wanted to clear something up, that the election was to issue bonds, not build a City Hall. Mr Protor stated the issue ahould be taken to the people for a vote. He suggested appointing a Citizens Committee to study the needs and wants of the people. He also suggested spending the money for street improvements, new water lines, or repair to present building. Mr. Proctor also expressed a desire for single member districts and staggered terms for Councilmen. Councilwoman Goodnight stated she could understand his concern over the Council spending $650,000.00, but asked Mr. Proctor where he was when the 2.4 million budget was appropriated in September. Mr. Proctor stated he did not live in the City at that time. Councilman Cato stated that on March 20, 1973, a bond issue for $1,100,000.00 was turned down. He stated he felt slighted since no one had talked with him in regards to the proposed City Complex. In addition with regards to single member districts and staggered terms, we had a Citizens Charter Committee just last year and they turned thumbs down on the proposal. There have been no less than five newspaper articles in regard to the proposed City Complex. Mr. Proctor read a letter he had sent to the Council Members protesting the Municipal Complex. (Copy of said letter attached as permanent record.) Councilman Ellis asked Mr. Proctor if he was aware of the fact that the orginial bond issue was called in response to the request from a group of interested citizens. He stated the people did not tell us they did not want the money to be spent for a new City Hall, they told us they did not want to go in debt for 1.1 million dollars. Page 6 February 10, 1975 Councilman Wood pointed out that the Minutes of the January 27, 1975 meeting stated that the approval of payment to Komatsu & Associates was for IIPhase I and II of the Municipal Complexll C I TI ZENS PRESENTATION Mr. M. E. Riddle 7309 Eden Road Mr. M. E. Riddle appeared before the Council to speak in favor of the new City Complex. Mr. Riddle stated he wanted to disagree with Mr. Proctor that he did'nt know this planning was going on. Mr. Proctor has been to my office on several occassions and the City Complex was discussed and plans laying on the table in my office. Also Mr. Proctor has been to my home and we have discussed the City Complex. If there is any doubt of the need for a new City Hall, you can measure the square footage of the Police Department. There are 32 people working in less than 1,300 square feet. We now enjoy free space for our Library, but this can be terminated on a 30 day notice. I personally had rather have these eight men voting on the issue for me than to have the people, since only 1 and 1/12 per cent of the people voted in the last election. These Council people know the needs. The Tax Office is in the hallway. You have to pass through two offices to get to the City Manager's or City Secretary's office. If you want to run for office, pick out an individual and issue, but leave the City Complex out of it. As far as single member districts and every year election, it is so ridicilous that I do not care to comment. Dr. Andy Kulaga appeared before the Council to speak in behalf of the Library portion of the City Complex. Dr. Kulaga stated that Bill Polster started in 1970 to try to get a Library. Interested citizens held bingo parties, bake sales, and miscellaneous revenue producing enterprises to raise funds to start the Library. The Library was opened on May 2, 1971 for rent of $1.00 a year. The Library had 2,000 volumes; today it has 11,153 volumes. Total books checked out during 1971-72 was 11, 538; checked out during 1972-73 was 19,882; and during 1973-74 was 29,003. It is projected that 43,000 books will be checked out during 1974-75. An increase in the the budget from 1971-72 of $18,000.00 has resulted in a $24,845 budget for 1974-75. People have responded with the 50¢ donation on their water bills, $21,937.00 has been donated and books bought with the funds. American Library Association recommends that we have 11,000 square feet to house our Library. Our Library has the only audio-visual Page 7 February 10, 1975 equipment in this area. Where will it be tommorrow if we are asked to move. I appreciate the Council for going ahead and building a Library. Councilman Ellis stated that he would like to take this opportunity to commend the Library Board for their many hours of free time and devotion. It has been through their efforts that the Library has grown. It was suggested from the floor that the Library Board be given a round of applause. Bill Polster, 6609 Marie, stated he had resided in North Richland Hills for 18 years and has three business and 20 employees. When the Council comes forth with constructive ideas, I feel priviledged to come forth to say so. I worked against the bond issue because of the high cost of interest on the indeptedness. The Library and Parks were turned down because we did not want bonded indebtedness. The City Council should be commended for bringing this to a reality and personally I am ready for a ground breaking. Stan Gertz, 5505 Emerald Hills Court, stated he was a Lieutenant in the Fire Department and spoke on behalf of a new City Hall. His particular emphasis was on the crowded conditions in the Fire Department. He stated there were four people in one office and this left no room for classrooms or a place to talk to vistors. It is now necessary to go to the Smithfield Fire Hall to hold classroom sessions, and this leaves part of the City unprotected. The Fire Department does not have enough space to park the vehicles inside the building and this makes it hard to get them started in cold weather. It was necessary to cut a hole in the wall to get the new ladder truck into the building and to make the door narrow, making it hard for large people to pass through the door. He stated the Fire Department was open 24 hours a day and would be glad to give a tour to anyone interested. Councilman Newman stated it was very pleasing and rewarding for people to come forward and say the things they have tonight. Charles Owen, Rt.1, Smithfield, stated he was a part of the City Council group when the bond Page 8 February 10, 1975 issue was passed in 1968. The other propositions on the bond issue have been carried out to the letter by the Council. We have new streets, new water system, and the Council has done a tremendous job with the funds available. He expressed regret that the City did not build a City Complex and Library in 1968 when it would not have cost so much. If we can get our people behind us as we did in 1968, I feel we could go on to be an All-American City in our category. Mr. Charles Brinkley stated this was his first time before the Council in the 14 years he had lived here. He stated he was a part of the group that raised the original funds for the Library and he signed the papers to the State for the $75,000.00 grant. He was on the Finance Committee for the North Richland Hills Baptist Church and they were turned down for financing many times. Finally they were able to build on a IIpay-as-you- goll basis and now the people were worshipping in in the new sanctuary. I want to compliment the Council on the II pay-as you-goll pol icy. I feel you are doing a great job and appreciate the way you are going about it. Mrs. Nancy Polster stated the Library was very dear to her. It was evident the people did not want their taxes raised to pay for the Library, but to let the citizens do it. I do want to thank you for showing us another way to "skin- a-cat". Mayor Faram stated there was no intention to decive the voters by any of the seven people on the Council. It is real encouraging to see so many come forward to say the Council is being fair. I have served with this group for ten years and this is the first negative voice I have heard on the City Complex. Mr. Gene Ellis, 5949 Tourist Drive, stated that a subject near his heart was the Onyx Drive bridge. We are land blocked. I do support your stand on a City Complex. Mayor Faram stated the Council had not given up on the Onyx Drive bridge, but may have to go to a lesser route. ADJOURNMENT ATTEST: ~ ;t:(~ Page 9 February 10, 1975 Mr. John Groce, 3401 Wendell Drive, appeared before the Council representing four property owners in Cherokee Estates. He discussed the prior problems that had been encountered in Cherokee Estates. City Engineer Dick Perkins stated tha~ in his opinion it would be foolish for the Clty to allow spetic tank construction in this area. The houses sit high on the lot and drain to the front of the street. In soil tests there shows to be a layer of clay 6 inches deep, then sandy loam for approximately 40 inches, then another layer of clay. Mr. Perkins fears that raw sewage would outcrop in to the bar ditches. If the spetic tanks did not work, they must be moved to a new spetic field. It is too much liability and potential hazard for the City to take the responsibility. Mr. Groce asked Mr. Perkins if he had percolation test from Mr. Graham approving spetic tanks. Mr. Perkins said he did not. Mr. Groce suggested he would like a letter from Mr. GrahRm clarifying this. CouncilmanCato stated that the City owns the right-of-way for streets and asked if anyone had built a road into the subdivision. Mr. Groce stated it was a gravel road. Mayor Faram stated we had gone over these problems during three previous Council meetings. He had hoped to have a sewer line across the North end of the City, but now it looks dim. The City cannot develop this property. If there was a safe way to get these people into these houses, we would be willing. We must take professional engineering and legal opinions. Mayor Faram suggested they discuss this in private with the Engineer and Attorney. There being no further items on the agenda, Mayor Faram declared the meeting adjourned. ,;;0tiYdt Itt1TL- Dlck Faram - Mayor Ruth Pinner - Acting City Secretary