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HomeMy WebLinkAboutCC 1975-11-24 Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, NOVEMBER 24, 1975 - 6:30 P.M. Mayor Dick Faram called the regular council meeting to order November 24, 1975, at 6:30 P.M. CALL TO ORDER PRESENT: Mayor Councilmen ROLL CALL Councilwomen Dick Faram Norman Ellis George Conant John Lamond Jim Cato Dorothy McCl ure JoAn Goodnight ABSENT: Counci 1 man Tom Newman STAFF PRESENT: City Manager M. E. Riddle City Secretary Winnie Barclay City Attorney Rex McEntire City Engineer Dick Perkins Utilities Director Allen Bronstad PRESS REPRESENTATIVE: Dan Frazier Fort Worth Star-Telegram Invocation was given by Councilman Lamond. INVOCATION APPROVAL OF MINUTES Approval of Minutes of the Regular Meeting of November 10, 1975 Vote: 6-0 71 Motion was made by Councilman Conant, second by Councilwoman McClure,to approve the minutes as presented. Councilman Ellis requested that the item regarding participation in water study for cities in Northeast Tarrant County (page 6 of the minutes) be clarified to show the city council approving a maximum expenditure by the City of $4,000. Mayor Faram indicated that on page 3 of the minutes "Goodnight" was deleted following "Councilwoman'l in the third paragraph. Motion to approve the minutes as amended carried 6-0. Presentation of 15-Year Pins to Allen Bronstad and Peggy Brothers Mayor Faram called Allen Bronstad and Peggy Brothers forward and presented them with 15-year service pins. He congratulated them and thanked them for their service to the City. PRESENTATION OF PINS Consideration of Texas Electric Request for Rate Increase Motion was made by Councilwoman Goodnight, second by Councilman Ellis, to approve the ordinance as presented. Mayor Faram recognized Mr. R. L. Fain, repre- sentative from Texas Electric, who presented the company's request for a rate increase and answered questions of the Council. In response to Council- man Cato1s question, Mr. Fain stated that 35/100ths of 1% was spent for advertising and was directed toward conserving energy and economizing on electric bills. Councilman Lamond expressed his appreciation for the outstanding cooperation exhibited by Texas Electric in its relationship with the City. Mayor Faram also expressed his appreciation for the superb relation- ship between the City and Texas Electric. Councilman Ellis asked what disposition had been made of the rate increase request in Fort Worth and if there were a method by which North Richland Hills could be billed at a rate different than that of Fort Worth. Mr. Fain replied that Fort Worth had taken no formal action and that there was no method at the present time for billing at different rates. Motion was amended by Councilwoman Goodnight, second by Councilman Ellis, to approve the rate ordinance with the stipulation that if corresponding rate schedules lower than approved in this ordinance are made effective later than the effective dates approved herein, then such rate schedules and effective date as approved by the City of Fort Worth would be in effect. Motion carried 6-0. Consideration of Payment of $13,237 to Universal Tank and Iron Works City Engineer Dick Perkins presented information regard- ing the City1s position that Universal Tank and Iron Works had defaulted on the contract for construction of the water tower off Starnes Road, stating that the City had lost approximately 1.0 million gallons of water as a result of the lack of liquid control at the tank. Copies of letters from Dick Perkins and Universal Tank are attached and made a part of these minutes. Mr. E. C. Knoy, Vice President Operations, for Universal Tank & Iron Works, Inc. spoke regarding the contractor's position on the alleged default. He explained his company's failure to complete the contract in a timely manner was due to slow delivery by their vendor. After lengthy discussion and upon recommendation of the City Attorney, the Mayor declared a closed session, to discuss a possible settlement between the contractor and the City. -2- ORDINANCE NO. 617 Vote: 6-0 16' APPROVAL OF PAYMENT Vote: 6-0 126' -3- This was done in compliance with the Texas Open Meetings Law, Article 6252-17. Mayor Faram called the meeting back to order, with all those first listed above present. Mayor Faram announced that the City Attorney and representatives from Universal Tank and Iron Works were working toward a s€ttlement and that if there were no objections on the part of the Council, he would move to Item 10 on the agenda. PS 75-16 Consideration of Request of E. F. Crites for a Replat of Lots 1 and 2, Block 11, Fossil Creek Additi on CALL TO ORDER PS 75-16 REPLAT Vote: 6-0 441' Mayor Faram recognized Mr. E. F. Crites, who made his request for replat in order to build his home on two lots rather than one. Motion was made by Councilman Ellis, second by Council- man Conant, to approve the replat as requested by Mr. Crites. Motion carried 6-0. PS 75-14 Consideration of Request of U. S. Post Office for a Final Plat of North Richland Section Addition PS 75-14 REPLAT Vote: 6-0 452' Motion was made by Councilman Ellis, second by Council- man Conant, to approve the replat as presented, subject to the comments of the City Engineer. Mayor Faram recognized Mr. John Firestone, Komatsu and Associates, who made the request for replatting. Mr. Firestone stated that they were in complete agreement with the comments of the City Engineer and that the Post Office Department officials in Memphis were working toward acquiring the easements as re- quired. Upon Mayor Faram's request for a vote, motion carried 6-0. PS 75-15 Consideration of Request of W. A. McElroy for Final Plat of North 820 Commercial Addition PS 75-15 FINAL PLAT Vote: 6-0 482' Motion was made by Councilman Conant, second by Councilwoman McClure, to approve PS 75-15. Mayor Faram recognized Mr. Doug Long, representing Mr. McElroy, who made the request for final plat. Discussion followed concerning Mr. McElroy's request for Lariat Drive to be extended and the recommendation of the City Manager, Director of Public Works and Traffic Safety Coordinator to extend Corona to the north. Also, Councilman Cato questioned Mr. Long and Mr. McElroy regarding the heavy truck traffic and if their suggested platting were followed what effect it would have on the traffic. -4- Councilman Cato offered a substitute motion, second by Councilman Conant, to approve PS 75-15 contingent upon the engineer1s approval of the revised plat, extending Corona to the north, with the Corona Drive cross section consisting of 6" lime stabilized subgrade, 411 hot mix asphaltic concrete base and 211 hot mix asphaltic pavement mix. Motion carried 6-0. Consideration of Proposal and Consideration of Payment to Tom Law Motion was made by Councilwoman Goodnight, second by Councilman Lamond, to pay Tom Law $1,125.00. Motion carried 6-0. It was agreed by the Council to turn the litigation over to the City Attorney for future handling. APPROVAL OF PAYMENT Vote: 6-0 670' Consideration of Payment to Texas Bitulithic Company, in the amount of $61,767.97, Job 3-314, Contract No. 14 APPROVAL OF PAYMENT Vote: 6-0 6881 Motion was made by Councilman Lamond, second by Councilman Conant, to approve payment as presented. Motion carried 6-0. Consideration of Paying Additional Dues to American Association of Small Cities APPROVAL OF PAYMENT Vote: 6-0 739' Motion was made by Councilwoman McClure, second by Councilman Conant, to approve the additional dues in the amount of $165.14 to the American Association of Small Cities. Motion carried 6-0. Consideration of Payment of to Universal Tank and Iron Works (considered earlier in this meeting) Motion was made by Councilman Cato that the City pay Universal Iron Works $11,737.00 in final payment of job 3-509, Universal Tank Job #6052, and accept their offer for a total of ten years warranty on the tank against leakage and structural damage. Motion was seconded by Councilman Conant. Motion carried 6-0. Consideration to Allow Wayne Rhone to Collect Delinquent Taxes Motion was made by Councilman Ellis, second by Councilman Cato, to turn collection of delinquent taxes for 1972 and prior to Mr. Wayne Rohne for collection, only after notification has gone out to delinquent tax payers explaining they will be turned over to the attorney for collection. HIRING OF TAX ATTORNEY Vote: 6-0 8091 -5- Councilman Cato asked if Councilman Ellis would make automatic turnover of taxes delinquent two years to the attorney for collection. Council- man Ellis replied that he would not, that it should be reviewed each year. The City Manager requested that delinquent personal taxes be turned over auto- matically to the tax attorney for collection because of the problem in collecting personal property taxes. Councilman Ellis said he would not put this in the motion; that he did not want to turn a tax collector loose without reviewing the delinquent taxes. Mayor Faram called for a vote. Motion carried 6-0. Consideration of Regulations Governing the Use of the New City Hall Motion was made by Councilman Ellis to table this item until the City staff did additional work on the suggested regulations. Councilman Cato seconded the motion. Motion carried 6-0. REGULATIONS FOR USE, NEW CITY HALL Tabled: 6-0 New Tape There being no other items on the agenda, the meeting was adjourned. ADJOURNMENT /\lø:J-~/h.V DICit FAR M, MAYOR ATTEST: WINNIE L. BARCLAY, CITY SECRETARY f, '.;: .~ u UNIVERSAL TANK & IRON WORKS, INC. . . "',,' 11221 WEST ROCKVILLE ROAD INDIANAPOLIS, INDIANA 46231 ,1/. ~1. , > , -, - Octobe.r 16, 1975 KnowJ ton-Rat 1 J ff-Eng I Ish-Flowers,; 'nc.- 600 FIrst State Bank BuildIng Bedford, Tx 76021 ' Attention: J. Richard Perk¡n~, .P.E. 1- . ~ ;'....... '. ~.--."'~. ~. Reference.: )-509 - CI ty of NorthRlchland HIlls, Tx Elevated Water Tank - UTI Job 86052 Gentlemen: 7> --- ..~..,.'-... ConfIrming our telephone conversation of this date, Universal's positIon is and, always has been that the amount owing Universal Is $13,237." . It \'ii 11 take a few days for us to compi Ie all of the Information if a rebuttal ts roquired. Our bastc premise 15 that the project was substantially complete we 11 wi thin the orJ 9 loa 11 y stated completion tlme,-but the pump control promised for del Ivery on March 8 was not dellverC)d untJl December, 1974." \lJo \lJOuld appreciate racel vlng the CI tyJ S comments. Hopefully this can be ~lOrked out by mail and telephone, but If necessary I "JI11 be glad to meet wIth you and the City. ! You rs t ru I y. UN I VERSAL TANK &. I RON \~ORKS, I NC. J ...-:.;...:........: .,...._. E. C. KnoV, P.E. Vice PresIdent Operations ECK:gf cc: Mr. Gene Rlddlo, City Manager, City of North Rlchland HIlls, 4101 Morgan Circle, Ft. Worth, TX 76118 / R. K. St. John, UTI Da11as Office / ,- " ~ . KNOWL TON- RA TLlFF-ENGLlSH-FLOWERS, INC. ENGINEERS-ARCHITECTS-PLANNERS/ Fort Worth - Dallas iI T CB company October 14, 1975 Mr. Gene Riddle, City Manager City of North Richland Hills 4101 Morgan Circle Fort Worth, Texas 76118 Subject:. 3~509~CITYOFNORTHRICHLANDHILLS, 50Q,000 GALLON ELEVATEDWÄTER 'STORAGE 'TANK We have recently received inquiry from the Contractor for the subject project, Universal Tank & Iron Works, Inc., concerning final payment for the elevated tank. As you are aware, we had earlier related to you that the excessive time for completion of the project and subsequent liquidated damages, and the loss of water, due to the liquid level controls not being installed, amounted to more than the retainage in the job. Furthermore, we never received a request for final payment until this recent inquiry; and therefore, assumed that the Contractor, knowing of the above losses, was not going to press for the release of the retainage. In response to the Contractor1s request, we told him to submit information to us for our review which would indicate their reasoning as to why they should receive additional compensation. We have tabulated this information below and suggest that Allen Bronstad review and comment in regard to records kept by the inspector on the project. Bid Date -- June 20, 1973 Work Order Date -- July 30, 1973 Calendar Days Bid -- 300 days Completion Date (Proposed) -- May 25, 1974 Erection Start -- January 2, 1974 Erection Completed -- February 8, 1974 Painting Start -- February 27, 1974 Painting Completed -- March 15, 1974* ,* At this date, the Contractor claims no water was available to fill the tank due to construction of approach main. They feel time should have been suspended until water could be delivered by the Owner. 600 FIRST STATE BANK BLDG, . BEDFORD, TEXAS 76021 . 817/283-6211 '" ,~ Page 2 - 10/14/75 -- Mr. Gene Riddle, City Manager Tank Filled Start -- July 12, 1974* * On this date they say that a leak was discovered in the approach main, and that the completion of filling and disinfecting was not possible until: ' ' Tank Filled & Disinfected -- July 12, 1974 Telemetering Completed -- December 3, 1974 (Job Substantially complete) In final analysis of the above figures, we have arrived at the following data providing the Utility Department is in agreement: 1. 229 Calendar Days expended until time when no water was available. 2. Time to be resumed on July 23, 1974, and end of project December 3, 1974. Hence, additional 134 calendar days expended. 3. Therefore, total calendar ,days expended = 363. Liquidated damages assessed at the rate of $100 per day = 63 x $100 =$6,300. 4. Mr. Bronstad has stated that approximately 1.0 million gallons of water was lost because of the lack of liquid level control at the tank, July, 1974 to December 1974. Cost of this water has been calculated at $0.53/100 cubic feet, or $0.53 x 1,336.90 = $708.56. 5. Total liquidated damages and loss of water = $7,008.56. Amount of retainage = $13,237.00. Therefore, if all above figures are correct and agreeable to the City, total amount still due the Contractor = $6,228.44. As we are interpreting somewhat from the information furnished to us by the Contractor, we are, by copy of this letter, requesting that the Contractor offer comments as to the above analysis of the problem. When we have received comments from both the City and the Contractor, we will then proceed with further negotiations. In the meantime, please do not hesitate to call should you have questions concerning this matter. ,~Q~. ICHARD PERKINS, P.E. JRP-hr cc: Mr. Allen Bronstad, Director of Utilities Universal Tank & Iron Works, Inc.