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HomeMy WebLinkAboutCC 1975-09-22 Minutes /) MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, SEPTEMBER 22, 1975 - 6:30 P.M. Mayor Dick Faram called the regular council meeting to order September 22, 1975, at 6:30 P.M. CALL TO ORDER PRESENT: Mayor Councilmen ROLL CALL Councilwomen Dick Faram Norma n Ell is George Conant Tom Newman Dorothy McCl ure JoAn Goodnight ABSENT: Councilmen John Lamond Jim Cato STAFF PRESENT: City Manager City Secretary City Attorney City Engi neer M. E. Riddle Winnie L. Barclay Tim Truman Sammie Boydstun PRESS REPRESENTATIVE: Tom Mitchell Mid-Cities Daily News Don Harrison Fort Worth Star-Telegram Also recognized were members of Mrs. Staples' Advanced Social Science Class from Richland High School. Councilmen Jim Cato and John Lamond are noW present. Invocation was given by Councilman Conant. INVOCATION APPROVAL OF MINUTES Vote: 7-0 20' Approval of Minutes of the Regular Meeting of September 8, 1975 Motion was made by Councilman Conant, seconded by Councilwoman McClure, to approve the minutes as presented. Motion carried 7-0. Councilman Ellis stated that under the notes column of the minutes for PURCHASE OF CHAIRS, the vote indicated 6-1, while in fact the vote was 4-3, as indicated in the body of the minutes. This change has been made in the notes section. Planning & Zoning PZ 75-27 - Request of V. H. Bowerman to rezone N 100' of S 300' of Lot 1, College Acres Addition from Local Retail to Commercial PZ 75-27 ORDINANCE # 612 Vote: 7-0 25' Mayor Faram declared the Public Hearing open and called for those in favor of this rezoning to come forward. Mr. Vernie Golden, Route 3, Box 49, Smithfield, presented his request for rezoning. The following discussion with Council indicated the building on the property would comply and that there was sufficient off-street parking. Mayor Faram requested those opposed to this re- zoning to come forward. There being no one wishing to speak against this rezoning, Mayor Faram declared the Public Hearing closed. Motion was made by Councilman Newman, seconded by Councilwoman McClure, to approve PZ 75-27, Ordinance No. 612, as presented. Motion carried 7-0. Consideration of Appointment of Two Members to Electrical Board City Manager Riddle made his recommendations for appointment: Dick Perkins, Engineer and Ed Cate, Journeyman. Motion was made by Councilman Ellis, seconded by Councilman Cato, to appoint Dick Perkins and Ed Cate to the Electrical Board. Discussion following indicated some of the Council wanted time to make recommendations to the Board. Motion was made by Councilman Newman, seconded by Councilman Ellis, to table the motion. Motion carried 7-0. City Manager Riddle pointed out that one member must be appointed in order to have a meeting, which was important. After discussion, motion was made by Councilman Cato, seconded by Councilman Conant, to withdraw the item from the table. Motion carried 7-0. Motion was made by Councilman Newman, seconded by Councilwoman Goodnight, to appoint Dick Perkins to the Electrical Board. Motion carried 7-0. Motion was made by Councilman Cato, seconded by Council- man Ellis, to table the appointment of the other Electrical Board member. Motion carried 7-0. -2- APPOINTMENT OF ELECTRICAL BOARD MEMBER Vote: 7-0 651 TABLE APPOINTMENT OF ELECTRICAL BOARD MEMBER Vote: 7-0 Consideration of Ordinance Adopting and Approving the 1975-76 Budget Motion was made by Councilman Cato, seconded by Councilwoman Goodnight, to approve the 1975-76 Budget as presented. Motion carried 5-2, with Councilwoman McClure and Councilman Newman voting against the approval. Consideration of Ordinance Levying the Tax Rate for 1975-76 Motion was made by Councilman Cato, seconded by Councilman Conant, to approve Ordinance 614, levying the tax rate for 1975-76, as presented. Motion carried 7-0. Consideration of Payment to Albert S. Komatsu & Associates in the amount of $2,739.65. Motion was made by Councilman Lamond, seconded by Councilman Conant, to approve payment as presented. Motion carried 7-0. Consideration of Disposition of Office Furniture & Equipment Purchased at Public Auction Mayor Faram declared that he would yield the chair to Mayor Pro Tem Norman Ell is. Mayor Pro Tern Ellis took the chair and stated that there was a question as to the irregularity of Mayor Faram and City Manager Riddle purchasing $2,900 of office furniture and equipment at public auction and the purpose of this action was to qualify what should be done. Mayor Pro Tern Ellis recognized City Attorney Tim Truman, who apologized to Council for the confusing statements and wording of what his opinion was and was not in the discussion during the Council Meeting of September 8, 1975. The City Attorney then entered what he described as a lengthy final opinion. He restated the facts: Approxi- mately $2900 of office furniture was purchased, a cashier's check was obtained and delivered to the vendor, and the property was received. The charter provides contracts in excess of $2,OOQshall not be let except after advertisement and receipt of bids. Councilman Cato posed the question: Was not each offer to sell and each offer to buy not a separate contract? City Attorney Truman replied that it all goes back to intent and he felt the intent of the charter was to insure that the City receive the best possible price and to prevent favoritism. The City Attorney explained what he described as one of two alternatives. He said the Council could lido nothing," as there -3- ORDINANCE #613 Vote: 5-2 881 ORDINANCE #614 Vote: 7-0 951 APPROVAL OF PAYMENT Vote: 7-0 1011 APPROPRIATION FOR FURNITURE Vote: 7-0 1091 -4- was no duty of the Council indicated in the Charter. He informed the Council of the consequences as he saw them, i.e., possible disfavor of the citizenry. Councilman Cato asked if each transaction were a separate contract if the action would have been in line with the Charter. The City Attorney replied that it would not because the items were to be purchased from a bidder. Councilman Cato asked if that were the specific Charter violation and the answer was "yes." The City Attorney then described the other alternative which was lito do something. II He indicated that the $2,000 could be ratified with no problem, but that would still leave the $900 in question. In summary, City Attorney Truman, stated that in doing nothing the Council was allowing to exist a technical violation of the Charter, which could lead to charges by citizens agains the Council for failing to do what they felt to be the Council IS duty. By "doing something" the Council can only do what is legal. It is only legal to purchase up to $2,000. If you do choose to ratify the $2,000, I think it would be legal to pur- chase $900 worth of furniture from the City Manager and Mayor but it would look bad. Council Newman addressed himself to the Mayor, requesting that he come back to the Council table from his seat in the audience. He then stated that he had started "this whole thing" because he felt the violation of the Charter should be brought to someonels attention. He further stated that he~ew it was illegal to spend the $2,900, and that he could see it growing into $18,000 or $20,000. Additionally, he indicated he had been misquoted in the newspaper. Councilman Newman said he thought the Council should go ahead and accept the judgment of the Mayor and City Manager and ratify the purchase and exchange $900 checks with the Mayor and City Manager if necessary. He additionally stated he was sorry he brought it up. Mayor Pro Tem Ellis stated that for the record he was chairing this item at the Mayor's request because "you called the house of the Mayor and told his wife you were asking for his resignation because of Charter violations. That was a very serious allegation on your part. I don't think it is quite as simple and innocent as you would make it seem. II Councilman Newman replied that he didn't remember making the statement, but that he had been misquoted so many times he guessed it didn't matter. Mayor Pro Tern Ellis requested the sentiment of the Council, whether the Council felt that the City had been injured or if the City Manager or Mayor had personal gain. -5- Councilman Cato asked the City Manager if he had not, in fact, had bids on the chairs purchased, and if the prices paid for thech~irs were less than, the same or more than the bids received. The City Manager answered "l ess than. II Councilman Cato then asked the City Manager if the person selling the chairs, the auctioneer, or the company, a relative, close friend or acquaintance of yours or the Mayor. The City Manager replied, "no." Councilman Lamond stated that he thought a close look at the Charter was helpful and that he was sure Mr. Newman was doing so in the best interest of the City. "However, I feel certain the Mayor and City Manager were also acting in the best interest of the City. I feel like Idoing nothing. I The people who voted for me wanted me to use my best judgment. I think this is why people run things instead of machines. II Councilman Conant asserted: "I am in favor of doing nothing. In doing nothing, I consider this a vote of approval of the intentions of both the Mayor and City Manager. I feel their intentions were the very best, above reproach. They were trying to do the very best they could for this City. If the citizens feel my Idoing nothingl is a violation of my oath of this office, then I misunderstand my oath of this office." The City Manager then addressed himself to the Council, stating that he disclaimed any violation of the Charter; that he felt each of the five transactions was a separate contract. Mayor Pro Tem Ellis asked the City Attorney if it were found these were separate transactions, would a motion to approve vunds be in order. The City Attorney replied once more that he felt it was one contract and explained that appropriations had to be made in the budget for expenditures. Mayor Pro Tem Ellis said he would entertain a motion to appropriate the money for the chairs. Motion was made by Councilman Newman, seconded by Council- woman McClure,to appropriate $2,900 to purchase the furni- ture in question. Motion carried 6-0. Mayor Pro Tern Ellis asked the City Attorney if the approval of approximately $3,000 of furniture at the previous Council meeting posed any problems. The City Attorney replied that it did not, that it was legal under the charter, as it was purchased from a bidder. -6- Mayor Faram returned at this time to chair the meeting. Consideration of Approval to Appropriate $1,100.00 for refinishing present furniture for new complex Motion was made by Councilman Conant, seconded by Councilwoman Goodnight, to appropriate $1,100 for refinishing present furniture for new complex. Motion carried 7-0. APPROPRIATION TO REFINISH FURNITURE Vote: 7-0 3021 Consideration of Designating Bank Depository for a period of two years Motion was made by Councilman Newman, seconded by Councilman Ellis, to designate Northeast National Bank as the official depository for October 1, 1975 through September 30, 1977. Motion carried 7-0. DESIGNATING BANK DEPOSITORY Vote: 7-0 3131 Mayor Faram recognized Mr. Charles Brinkley, President, Northeast National, who came forward and thanked the Council, and stated he had originally attended the meeti ng to buy the $900 worth of furni ture previ ous ly in question and donate it to the City. Consideration of Resolution Authorizing the City Manager to Represent and Act for the City with the Texas Department of Community Affairs Motion was made by Councilman Lamond, seconded by Councilwoman Goodnight to approve the resolution as presented. Motion carried 7-0. Consideration of Approval of Specifications for Telephone Equipment for the New Municipal Complex Motion was made by Councilman Ellis, seconded by Councilman Conant, to accept the specifications for telephone equipment as presented. Motion carried 7-0. Consideration of Specifications for Items Needed in the Public Works Department Motion was made by Councilman Ellis, seconded by Councilman Newman, to approve the specifications for a standby electric generating system, riding type rotary mower, 4-door sedan and insecticide applicator as requested. Motion carried 7-0. RESOLUTION NO. 75-14 Vote: 7-0 3331 APPROVAL OF SPECIFICATIONS Vote: 7-0 353' APPROVAL OF SPECIFICATIONS Vote: 7-0 378' Consideration of Ordinance Regulating Sale of Commodities from Permanent Structures PROPOSED ORDINANCE TABLED Vote: 7-0 453' Motion was made by Councilman Lamond, seconded by Councilman Conant, to table the proposed ordinance. Motion carried 7-0. Consideration of Purchase of Office Furnishings for New Municipal Complex Motion was made by Councilwoman Goodnight, seconded by Councilman Ellis, to approve the items circled by City Manager Riddle on the recap sheet, with the exception of items 8, 9, and 31. Motion carried 7-0. City Manager Gène Riddle requested that the appointment of two members to the Bicentennial Committee be added to the agenda. Motion was made by Councilwoman Goodnight, seconded by Councilman Lamond, to add the appointment to the agenda. Motion carried 7-0. Consideration of appointment of two members to the Bicentennial Committee Motion was made by Councilman Newman, seconded by Councilwoman Goodnight, to appoint Mayor Faram and Councilman John Lamond to represent the City on the Bicentennial Committee. Motion carried 7-0. There was no one present to speak on this item. There being no further items on the agenda, the meeting was adjourned. -7- APPROVAL OF PURCHASE OF OFFICE FURNISHINGS Vote: 7-0 5211 ADDITION OF ITEM TO AGENDA Vote: 7-0 APPOINTMENT OF COMMITTEE MEMBERS Vote: 7-0 CITIZENS PRESENTATION ADJOURNMENT DICK FARAM, MAYOR ATTEST: RY