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HomeMy WebLinkAboutCC 1969-02-24 Minutes IVIINUTES OF THE r.rgETING OF 'l'IŒ CITY COUNCIL OF THS CITY OF NORTH lUCHLAf\TJ) HILLS, TEXJ\.S, HELD AT THE CITY HALL, 4101 T<1ORGAN CIRCLE, MONDAY, FEBRUAHY 24, 1969 - 7:30 P.M. CALL TO ORDEH The meeting of the City Council was called to order by Mayor Calvin F. Luper at 7:30 P.M. HOLL CALL PHESENT Mayor Councilmen Calvin F. Luper P. M. Dodson Harold B. Daley J. F. Ca to J. B. Sandlin Morris E. Riddle STAFF PRESENT City Manager City Secretary City Attorney City Engineer Stephen K. Shutt Evalyn R. Huston Dennis JVlorrow ìoJilliam R. Hatliff ..~ ABSENT '-- Councilman Councilman J. R. Hubbard Dick Faram INVOCATION rEhe invocation at this City Council meeting was given by Mayor Calvin F. Luper. APPROVAL OF !EHI~ MINUTES OF PREVIOUS MEETING Regular Meeting - February 10, 1969 Councilman Sandlin moved, seconded by Councilman IÜddle, that the minutes of the City Council meeting of February 10, 1969 be approved as submitted. The motion carried by a vote of 4-0, with Councilman Daley abstaining due to absence from this meeting. PRESENTATION OF I'lAYCH' S PLANNING A.i'JD ADVISORY COUNCIL Mr. W. J. Smith, Chairman, Advisory Council, appeared before the City Council with the following Resolution as adopted by the North Richland Hills Advisory Council February 4, 1969: RESOLUTION 69-2 A llliSOLUTION ADOPTED BY THE NORTH RICHLAND HILLS ADVISORY COUNCIL FOR THE PURPOSE OF SUPPOR'rING 'rIlE NORTH RICHLAND HILLS CI'rY COUNCIL IN THEIlt CALLING A BOND ELECTION FOR THE PURPOSE OF PUHCHASING, ACQUIRING AND/Od CONSTRUCTING A SEWER AND WATER SYSTEM. On the 4th day of February, A. D., 1969, the City Advisory Council of North Richland Hills, Texas met to discuss the need of North Richland Hills to own its own water and sewer system and to enter into a joint venture with the City of Hurst, Texas to construct a sewer line to service both cities. On a motion made by Charles Brinkley and seconded by Tom Connell, the Advisory Council of North Hichland Hills unanimously endorsed the following resolution for a bond election that will involve revenue and general obligation bonds: BE IT RESOLVED by the Advisory Council of the City of North Richland Hills, that we firmly support the City Council of North Richland Hills in their efforts to purchase and acquire a water and sewer system for North Richland Hills and will fully support a bond election involving revenue and general obligation bonds in an amount totaling approximately Seven Million Two Hundred Seventy-Six Thousand Seven Hundred Dollars ($7,276,700.00). We suggest the City Council call a bond election for the following purposes: 1. To purchase or acquire the assets of Tarrant County Water Supply Corporation for water and sewerage in the following ways: a. by purchasing the portion of Tarrant County Water Supply Corporation's assets that are within the jurisdiction of North Richland Hills and use, with the power to sell those portions not needed; or b. by purchasing the Northeast portion of the Tarrant County Water Supply Corporation's \.¡ater and sewerage system, with the right to sell the system of other cities involved, when requested; or c. by purchasing the entire water and sewerage system of Tarrant County I'later Supply Corporation, with the right to sell the system of the other cities involved, when requested. 2. To construct a sewer line throughrrinity River Authority in a joint venture with the City of Hurst, Texas. 3. To extend, improve or construct any water and/or sewer system that will be in the interest of the area to be served. li.ESOLVED AND SIGNED this 4th day of February, A. D., 1969. J. H. Smith, Chairman Advisory Council City of North Richland Hills, Texas Councilman Dodson moved, seconded by Councilman Cato, that the City Council declare their intent to act on this Resolution as presented and set Monday, March 3, 1969, as the date for official action at which time the bond attorneys should have the necessary papers prepared for action and the calling of an election. The motion carried by a vote of 5-0. CITY IVIANAGE1{' S REPORT stephen K. Shutt, City Manager, reported to the City Council of a request he received today from Zuider Zee Fish IN Puppies for erection of a prefabricated steel building adjacent to Richland Bowl. Since this construction does not conform with city ordinances it will take City Council action to allow construction. Councilman Dodson moved, seconded by Councilman Sandlin, that the City Council approve this request as outlined and further that any additional submissions of this nature for approval be taken under consideration by the City Manager and the City Manager in turn shall make a full review and study and report to the City Council his findings at that time. The motion carried by a vote of 5-0. Additional Police Reserve The City Manager advised the City Council that since the annexation of Green Valley would create an additional work load for traffic at this location, he has found it advisable to increase the Police Heserve staff from 5 to 12 men. The expense of clothing and equipping these men as well as payment for hours worked, will be the responsibility of Green Valley Raceways. The expense of clothing and equipping these men will be on a pay back basis of their time worked, at $3.50 per hour, until the initial expense is eliminated to Green\Talley Raceways. Councilman Sandlin moved, seconded by Councilman Daley, that the City Council grant the request of the City Manager as outlined above. The motion carried by a vote of 5-0. COUNCIL REPORT Councilman Dodson reported to the City Council the results of a recent meeting with the City of Azle relative to water and sewer. As a result he presented the following proposed resolution to the City Council for consideration. RESOLUTION 69-3 WHEREAS the City of North Richland Hills does not now own, operate and control its own Water and Sewerage System; and ~ITŒREAS the City Council of the City of North Richland Hills believes that the City would benefit from the ownership of its own Water and Sewerage Systems; NOW THEREFORE, be it resolved, that the City Council of the City of North Richland Hills appoints the following four persons to negotiate the necessary division of financial responsibility with the City of Azle in order to dissolve the Tarrant County v'later Supply Corporation and obtain sole ownership of the Water and Sewerage Systems serving the City of North Richland Hills. Calvin F. Luper P. M. Dodson Harold B. Daley ]rJilliam R. Hatliff ALSO, be it resolved, that the City Council expresses its determination to proceed to dissolution by whatever legal means deemed necessary, after the respective Councils have ratified the agreed division of financial responsibility between the two Cities which was arrived at by the negotiating teams. PRESENTED AIm PASSED by a vote of -L to --º-- this 24th day of February 1969. MAYOR ATTEST: CITY SECRETARY In line with this resolution, Councilman Riddle moved, seconded by Councilman Sandlin, that the City Council adopt this Resolution as presented and appoint the following four persons to negotiate the necessary division of financial responsibility with the City of Azle in order to dissolve the Tarrant County Water Supply Corporation and obtain sole ownership of the Water and Sewerage Systems serving the City of North Richland Hills: Calvin F. Luper, Mayor P. M. Dodson, Councilman Harold B. Daley, Councilman William R. Ratliff, Consulting Engineer The motion carried by a vote of 3-0; Councilman Dodson and Councilman Daley abstaining. PLANNING AND ZONING Ordinance No. 241 - Second Heading PZ 69-1 - Norman Kilgore Councilman Cato moved, seconded by Councilman Sandlin, that the City Council approve and adopt Ordinance No. 241, PZ 69-1, second reading, as presented. The motion carried by a vote of 4-1; Councilmen Dodson, Daley, Cato and Sandlin voting yes; Councilman Riddle voting no. BOAHD OF EQUALIZATION Appointment Mayor Calvin F. Luper advised the City Council he had presented three names for appointment to the Board of Equalization at the regular City Council meeting of February 10, 1969 and at this time he was withdrawing these names and leaving the appointment open to the City Council for suggestions. Councilman Riddle moved, seconded by Councilman Sandlin, that the City Council appoint the following members to serve on the Board of Equalization for 1969: A. Guy Meacham Hilliam H. Moore Charles Owen The motion carried by a vote of 5-0. $1,000,000.00 GENERAL OBLIGATION BONDS SALE: 2-24-69 Mayor Calvin F. Luper opened the following bids received by the City Council for $1,000,000.00 25-year General Obligation Bonds: Eastman-Dillon Union Securities Merrill Lynch, Pierce, Fenner & Smith, Inc. Interest: 5.28065% Gross Interest: $844,112.50 Net Interest: ~844,112.50 $20,000.00 Good Faith Deposit Rowles-Winston and Company Interest: 5.55724% Gross Interest: $888,325.00 Net Interest: $888,325.00 $20,000.00 Good Faith Deposit Fort Worth National Bank Interest: 5.5286% Gross Interest: $883,752.50 Net Interest: $883,752.50 $20,000.00 Good Faith Deposit First Southwest Company Interest: 5.51425% Gross Interest: $881,742.50 Net Interest: $881,453.00 $20,000.00 Good Faith Deposit Mr. Frank Medanich, Fiscal Agent, extended and verified all bids as received above and informed the City Council he had found them to be correct and recommended to the City Council they accept the bid of Eastman-Dillon Union Securities; Merril, Lynch, Pierce, Fenner & Smith, Inc. Councilman Cato moved, seconded by Councilman Sandlin, that the City Council accept the bid of Eastman-Dillon Union Securities, Inc.; Merrill, Lynch, Pierce, Fenner & Smith, Inc., with an effective interest rate of 5.28065%¡net interest cost of $844,112.50. The motion carried by a vote of 5-0. ORDINANCE NO. 243 Mayor Calvin F. Luper presented the following Ordinance No. 243 to the City Council for consideration: '~ OHDINANCE NO. 243 ORDINANCE AUTHORIZING ISSUANCE OF $1,000,000 "CITY OF NORTH RICHLAND HILLS, TEXAS, STREET IMPROVEMENT BONDS, SERIES 1969", DATED MARCH 15, 1969 STATE OF TEXAS 0 CITY OF NORTH RICHLAND HILLS 0 COUNTY OF TAfutANT 0 ON THIS, the 24th day of February, 1969, the City Council of the City of North Richland Hills, 'rexas, convened in regular session, being open to the public, at the regular meeting place thereof in the City Hall, there being present and in attendance the following members: CALVIN F. LUPER P. M. DODSON HAHOLD B. DALEY J. F. CATO J. E. SANDLIN MORRIS E. RIDDLE i·1AYOn ) ) ) ) ) COUNCILMEN and the following absent: J. H. HUBBAIID AND DICK FAHAM, constituting a quorum; and among other proceedings had by said City Council were the following: The Mayor introduced a proposed ordinance. The ordinance was read in full. Councilman CATO made a motion that any rule requlrlng an ordinance to be read more than one time or at more than one meeting be suspended and that the ordinance be passed finally. Councilman DALEY seconded the motion and, the question being called for, the motion, carrying with it the adoption of the ordinance, carried by the following vote: AYES: Councilmen Dodson, Daley, Cato, Sandlin and Riddle. NOES: None. The Mayor announced that the ordinance had been finally passed. The ORDINANCE is as follows: AN OIIDINANCE by the City Council of the City of North Richland Hills, Texas, authorizing the issuance of $1,000,000 "CITY OF NORTH RICHLAND HILLS, TEXJ\.S, STREET HIPRO'vEMENT BONDS, SE:RIES 1969" , dated ]r!arch 15, 1969, for the purpose of making permanent public improvements, to-wit: const!~cting street improvements in and for said City and inci- dental drainage; prescribing the form of the bonds and the form of interest coupons; levy- ing a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemp- tion thereof and providin& for the assessment and collection of such taxes; enacting pro- visions incident and relating to the subject and purpose of this ordinance; and declaring an emergency. ~lliEREAS, pursuant to an election held in the City of North Richland Hills, Texas, on the 2nd day of April, 1968, a majority of the duly qualified electors of said City, who owned taxable property therein and who had duly rendered the same for taxation, sustained a proposition authorizing the City Council to issue $4,380,000 general obligation bonds of the City to mature serially over a period of years not to exceed 40 years from their date, and to bear interest at a rate not to exceed 6% per annum, for the purpose of making permanent public improvements, to-wit: constructing street improvements in and for said City and incidental drainage; AND t1HEREAS I $1,000,000 of the bonds vo ted as afore- said have heretofore been authorized, issued and sold, and it is necessary to issue and sell an additional $1,000,000 of the bonds voted as aforesaid, the City Council reserving the right and authority to issue the remaining amount of such voted authorization in one or more series at a future date or dates, when, in its judgment, such amounts are needed for the authorized purpose; therefore, BE IT OHDAINED BY TH8 CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXJ\.S: SECTION 1: That the bonds of said City, to be knO\ffi as "CITY OF NORTH HICHLAND HILLS, TEXJ\.S, STREET H1PROVEMENT BONDS, SEHIES 1969" be and the same are hereby ordered to be issued in the principal sum of O~ MILLION DOLLARS ($1,000,000), for the purpose of making permanent public improvements, to-wit: constructing street improvements in and for said City and incidental drainage, under and by virtue of the Constitution and laws of the State of Texas. SECTION 2: That said bonds shall be numbered consecutively from One (1) through Two Hundred (200), shall be in denomination of Five Thousand Dollars ($5,000) each, aggregating the sum of ONE MILLION DOLLARS ($1,000,000); shall be dated March 15, 1969; and shall become due and payable serially on March 15 in each of the years in accordance with the following schedule: BOND NUMBEHS (All Inclusive) MATURITY AMOUNT 1 to 4 5 to 8 9 to 13 14 to 18 19 to 23 24 to 29 30 to 35 36 to 41 42 to 48 49 to 55 56 to 62 63 to 69 70 to 77 78 to 86 87 to 95 96 to 104 105 to 114 115 to 124 125 to 135 136 to 146 147 to 159 160 to 172 173 to 186 187 to 200 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 $20,000 20,000 25,000 25,000 25,000 30,000 30,000 30,000 35,000 35,000 35,000 35,000 40,000 45,000 45,000 45,000 50,000 50,000 55,000 55,000 65,000 65,000 70,000 70,000 PHOVIDED, HO~ŒVER, that the City reserves the right to redeem bonds maturing on March 15 in each of the years 1985 through 1994, of said series, in whole or any part thereof, on March 15, 1984, or on any interest payment date thereafter, at the price of par and accrued interest to the date fixed for redemption, PROVIDED, FDHTHER, that at least thirty (30) days prior to any interest payment date upon which any of said bonds are to be redeemed, a notice of redemption, signed by the City Secretary, (specifying the serial numbers and amount of bonds to be redeemed) shall have been filed with HALTON CITY STATE BANK, Fort Worth, Texas, and THE FIRST NATIONAL BANK OF FORT WORTH, Fort Worth, Texas (the paying agents named in each of said bonds); and should any bond or bonds not be presented for redemption pursuant to such notice, the same shall cease to bear interest from and after the date so fixed for redemption. SECTION 3: That said bonds shall bear interest from date to maturity at the following rates per annum: '"---- (a) Bonds maturing in each of the years 1971 through 1974 at 6.00%; Bonds maturing in each of the years 1975 through 1991 at 5.25%; Bonds maturing in each of the years 1992 through 1 994 at 5. 30;~; Bonds maturing in each of the years 19 through 19 at %; Bonds maturing in each of the years 19 through 19 at %; and Bonds maturing in each of the years 19 through 19 at %; (b) (c) (d) (e) (f) such interest to be evidenced by proper coupons attached to each of said bonds, and said interest shall be payable on March 15, 1970, and semi-annually thereafter on September 15 and March 15 in each year. SECTION 4: That both principal of and interest on said bonds shall be payable in lawful money of the United states of America, without exchange or collection charges to the owner or holder, at the HALTOM CITY STATE BANK, Fort Worth, Texas, or, at the option of the holder, at THE FIRST NATIONAL BANK OF FORT lrVORTH, Fort Horth, Texas, upon presentation and surrender of bonds or proper coupons. S8CTION 5: That the seal of said City may be impressed on each of said bonds or, in the alternative, a facsimile of such seal may be printed on the said bonds. The bonds and interest coupons appurtenant thereto may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City, and execution in such manner shall have the same effect as if such bonds and coupons had been signed by the Mayor and City Secretary in person by their manual signatures. Inasmuch as such bonds are required to be registered by the Comptroller of Public Accounts for the State of Texas, only his signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually subscribed to such bonds in connection with his registration certificate to appear thereon, as hereinafter provided, all in accordance with the provisions of Article 717j-1, V.A.T.C.S. SECTION 6: That the form of said bonds shall be substantially as follows: NO. UNITED STATES OF AMERICA STATE OF TEX.AS COUNTY OF TARRANT CITY OF NORTH RICHLAND HILLS, TEXAS, STHEET IMPHOVEIVIENT BOND, SERIES 1969 $5,000 The CITY OF NORTH RICHLAND HILLS, a municipal corporation of the State of Texas, acknowledges itself indebted to and, FOR VALUE RECEIVED, hereby promises to pay to bearer, the swn of FIVE THOUSAND DOLLARS ($5,000), in lawful money of the United states of America, on the FIFTEENTH DAY OF MARCH, 19____, with interest thereon from the date hereof to maturity at the rate of (~) per annum, payable on March 15, 1970, and semi-annually thereafter on September 15 and March 15 in each year, and interest falling due on or prior to maturity hereof is payable only upon presentation and surrender of the interest coupons hereto attached as they severally become due. BOTH PRINCIPAL of and interest on this bond are hereby made payable at the HALTOM CITY STA'l'E BANK, Fort Worth, Texas, or, at the option of the holder, at THE FIRST NATIONAL BANK OF FORT WORTH, Fort Worth, Texas, without exchange or collection charges to the owner or holder, and for the prompt pa~nent of this bond and the interest thereon at maturity, the full faith, credit and resources of the City of North Richland Hills, Texas, are hereby irrevocably pledged. THIS BOND is one of a series of Two Hundred (200) serial bonds, numbered consecutively from One (1) through Two Hundred (200), each in denomination of Five Thousand Dollars ($5,000), aggregating OW8 MILLION DOLLAli.S ($1,000,000), issued for the purpose of making permanent public improvements, to-wit: constructing street improvements in and for said City and incidental drainage, under authority of the Constitution and laws of the State of Texas, and pursuant to an ordinance duly adopted by the City Council of the City of North Richland Hills, Texas, and duly recorded in the Minutes of said City Council. AS SPECIFIED in the ordinance hereinabove mentioned, the City reserves the right to redeem bonds maturing on March 15 in each of the years 1985 through 1994 of this series, in whole or any part thereof) on I'!arch 15, 1984, or on any interest payment date thereafter, at the price of par and accrued interest to the date fixed for redemption, PHOVIDED, HOWEVER, that at least thirty (30) days prior to any interest payment date upon which any of said bonds are to be redeemed, a notice of redemption, signed by the City Secretary (specifying the serial numbers and amount of bonds to be redeemed) shall have been filed with the HALTOM CITY STATE BANK, Fort Worth, Texas, and THJ~ FIRST NATIONAL BANK OF FORT HORTH, Fort vJorth, Texas; and should any bond or bonds not be presented for redemption pursuant to such notice, the same shall cease to bear interest from and after the date so fixed for redemption. IT IS HEREBY CERTIFIED, RECITED AND HEPRESENTED that the issuance of this bond and the series of which it is a part is duly authorized by law and by a vote of the resident qualified electors of the City of North Richland Hills, Texas, who owned taxable property therein and who had duly rendered the same for taxation, voting at an election held for that purpose within said City on the 2nd of April, 1968; that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds and of this bond have been properly done and performed and have happened in reg'Ular and due time, form and manner as required by law; that sufficient and proper provision has been made for the levy and collection of taxes which, when collected, shall be appropriated exclusively to the payment of this bond and the series of which it is a part, and to the payment of the interest coupons thereto annexed, as the same shall become due, and that the total indebtedness of the City of North Richland Hills, Texas, including the entire series of bonds of which this is one, does not exceed any constitutional or statutory limitation. IN TESTIMONY vrnEREOF, the City Council of the City of North Richland Hills, Texas, has caused the seal of said City to be impressed or a facsimile thereof to be printed hereon, and this bond and its appurtenant coupons to be executed with the imprinted facsimile signatures of the Mayor and City Secretary of said City, in accordance with the provisions of Article 717j-1, V.A.T.C.S.¡ the date of this bond, in conformity with the ordinance above referred to, being the FIFTEENTH DAY OF MARCH, 1969. MAYOR, CITY OF NORTH RICHLAND HILLS, TEXAS COUNTERSIGNED: CITY SECRETARY, CITY OF NORTH RICHLAND HILLS, TEXAS SECTION 7: That the form of interest coupons attached to each of said bonds shall be substantially as follows: NO._ ON THE FIFTEENTH DAY OF 19 " ,> *(unless the bond to which this coupon pertains has been properly called for redemption in accordance with its terms,) the CITY OF NORTH RICHLAND HILLS, a municipal corporation of the State of Texas, hereby promises to pay to béarer, at the HALTOM CITY STAT8 BANK, Fort Worth, Texas, or, at the option of the holder, at THE FIRST NATIONAL BANK OF FORT WOHTH, Fort Worth, Texas, without exchange or collection charges to the owner or holder, the sum of DOLLARS ($ ), in lawful money of the United States of America, said sum being month's interest due that day on "CITY OF NORTH RICHLAND HILLS, TEXAS, STREET IMPROVEMENT BOND, SERIES 1969", dated March 15, 1969. Bond No. CITY SECRETARY I<UiYOR SECTION 8: That the following certificate shall be printed on the back of each bond: STATE OF TEXAS ) ) li.EGISTEH NO. OFFICE OF COMPTHOLLER I IŒREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas *NOTE TO PRINTER: The expression in parenthesis to be included only in coupons maturing September 15, 1984 and subsequent, pertaining to optional bonds maturing in the years 1985 through 1994. to the effect that this bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation upon said City of North Richland Hills, Texas, and said bond has this day been registered by me. lHTNESS NY HAND AND SBAL OF OFFICE at Aus tin, Texas, Comptroller of Public Accounts of the State of Texas SECTION 9: That a special fund to be designated "SPECIAL STREET IMPROVEMENT BOND FUND, SERIES 1969" is hereby created and the proceeds of all taxes collected for or on account of this series of bonds shall be credited to said fund for the purpose of paying the interest on and to provide a sinking fund for the redemption of said bonds at maturity; and said fund shall be used for no other purpose; that, while said bonds or any of them are outstanding and unpaid, there shall be annually levied, assessed and collected in due time, form and manner, a tax upon all of the taxable property in said City sufficient to pay the current interest thereon and create a sinking fund sufficient to pay each installment of principal as the same becomes due, or a sinking fund of 2%, whichever is greater; and to pay the interest on said bonds for the first year, and to create a sinking fund with which to pay the principal as the same becomes due, or a sinking fund of 2%, whichever is greater, there is hereby levied a sufficient tax on each one hundred dollars' valuation of taxable property in said City for the current year and the same shall be assessed and collected and applied to the purpose named; and while said bonds or any of them are outstanding and unpaid, a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on said bonds and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection, shall be and is hereby levied for each year, respectively, and said tax shall each year be assessed and collected and applied to the payment of the principal of and interest on said bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient for such bonds, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. SECTION 10: That the Mayor of said City shall be and he is hereby authorized to take and have charge of all necessary orders and. records pending investigation by the Attorney General of the state of Texas, and shall take and have charge and control of the bonds herein authroized pending their approval by the Attorney General and their registration by the Comptroller of Public Accounts. SECTION 11: That the sale of the bonds herein authorized to ~ST~ffiN DILLON, UNION SECURITIES AND CO. at the price of par and accrued interest to date of delivery, plus a premium of $ -0- is hereby confirmed. Delivery of the bonds shall be made to said purchasers as soon as may be after the adoption of this ordinance, upon payment therefor in accordance with the terms of sale. SECTION 12: The purchasers' obligation to accept delivery of the bonds herein authorized is subject to their being furnished a final opinion of Messrs. Dumas, Huguenin and Boothman, Attorneys, Dallas, Texas, approving such bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such bonds. Printing of a true and correct copy of said opinion on the reverse side of each of such bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City of North Richland Hills, Texas, is hereby approved and authorized. SECTION 13: That the public importance of this measure and the fact that it is to the best interest of the City to provide funds for the street improvements contemplated at the earliest possible date constitute and create an emergency and an urgent public necessity, requiring that any rule providing for ordinances to be read more than one time or at more than one meeting of the City Council be suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and any such rules or provisions are accordingly suspended and this ordinance is passed as an emergency measure, and shall take effect and be in full force from and after its passage. PASSED AND APPROVED, this the 24th day of February, 1 969. Mayor, City of North Richland Hills, TEXAS ATTEST: City Secretary City of North Richland Hills, Texas (City Seal) APPROVED AS TO LEGALITY: City Attorney City of North Richland Hills, Texas Councilman Daley moved, seconded by Councilman Sandlin, that the City Council approve and adopt Ordinance No. 243 as presented. The motion carried by a vote of 5-0. 3-304 CONTRACT 4D BID Jl.TíJARD Consulting Engineer, Hilliam R. Ratliff informed the City Council that bids have been received from the following on Job No. 3-304 4D, CIP Street and Drainage Improvements; bid date February 17, 1969: Central Culvert Corporation E. H. Reeder Construction Company Superior Utilities E. H. Shaw Contractor Councilman Sandlin moved, seconded by Councilman Cato, that the City Council accept and award the bid of Central Culvert Corporation, as recommended by the Consulting Engineer, in the amount of $147,613·71; 90 working days, on this project. The motion carried by a vote of 5-0. For the information of the City Council -- the estimate of the City Engineer is $194,832.00. IN'vOICE 3-304 CIP The following invoice has been presented the City from Knowlton-Ratliff-English: "For the Month of February, 1969 DESIGN PHASE Contract 4d - 6.5% x $147,613.71 ;~9,594.89 CREDIT FOR PORTION OF PRELIMINARY $147,613.71 $4,380,000.00 x $11,000.00 ( 370.71) ArWUNT DUE ~9,214.18 " Councilman Daley moved, seconded by Councilman Riddle, that this invoice be approved and placed in line for payment as submitted. The motion carried by a vote of 5-0. CITIZEN PRESENTATION Councilman Cato advised the City Council of a citizen present wishing to appear before the City Council. Councilman Dodson moved, seconded by Councilman Cato, that this item be added to the City Council agenda. The motion carried by a vote of 5-0. Mr. Leo Britt, 7424 Jade Circle appeared before the City Council asking for consideration of cleaning the debris from the creek located near his house, being near Lola Drive. ¡¡Jr. Britt told the City Council he has not contacted the administrative staff, nor did he have to to have this situation corrected. The City Council instructed the City Manager to make an on-the-site inspection of this creek and report results of his investigation along with suggestions for correcting this situation. ADJOURNMENT Councilman Daley moved, seconded by Councilman Sandlin, that this regular City Council meeting be adjourned. The motion carried by a vote of 5-0.