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HomeMy WebLinkAbout1975-10-14Regular Meeting Euless City Council October 14, 1975 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8 :00 P.M. in the Council Chamber of Euless City Hall by Mayor Harold Samuels. Members present were Mrs. Willie Mae McCormick, Messrs. Wayne Wright, Glenn Walker, Ray Ozebek, and Charles Hunt. Also present were City Manager W. M. Sustaire, City Secretary Della Houy, and City Attorney Bob McFarland. VISITORS Visitors present are as follows: Messrs. Matt A. Poslick, Billy D. Hemphill, Marvin W. Bavol, Merrill C. Morong, Charles Apple, Gene Williams, Jack Cavaness, Bill Toppe, Hal C. Ferguson, Clevis 0. Jones, Jr., Arland Peterson, and Thomas Shires; Mesdms. Barbara Burke, Betty Sees, Evelyn Poslick, Sharon Voss, Alice Bavol, Toshiko Hemphill, Charles Apple, Mary Ann Walker, and Sue Ferguson. INVOCATION The invocation was given by Mr. Glenn Walker, APPROVAL OF MINUTES The minutes of the regular meeting dated September 23, 1975 were approved as written. I CONSIDER FINAL PLAT APPROVAL LOT 1R, BLOCK IA, MORRISDALE ADDITION. (PROPERTY LOCATED AT THE CORNER OF ARWINE CEME- TARY ROAD AND PIPELINE ROAD.) Mayor Samuels recognized Mr. Burke Collins who stated that he is the owner of the Morrisdale Shopping Center. Mayor Samuels stated that at the Planning & Zoning Meeting, they questioned ownership of the shopping center because of the drainage problem there. Mr. Collins stated that he owned all of the Morrisdale Shopping Center. Mr. McFarland stated that he would like a change in the dedicatory language on the plat to state "do hereby dedicate to the public streets, easements and building lines shown on plat." :1 4 .ag Tra eaular Meeting, Euless City Council, Octohar 14, 1975) Mr. McFarland instructed Mr. Collins to have his Engineer make the change in the dedicatory language on the plat before the plat is filed. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve final plat of Lot 1R, Block 1A, Morrisdale Addition with the changes as recommended by the City Attorney. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Ozebek, Wright, Walker, and Hunt Nays: None Mayor Samuels declared the motion carried. II CONSIDER REQUEST OF LIBRARY BOARD FOR DEVELOPING MACHINERY ROOM IN LIBRARY INTO A GENEALOGY ROOM Mayor Samuels recognized Mr. Bill McCray, a member of the Library Board. Mr. McCray stated in his request for the equipment in the Machinery room at the Library, he failed to include all the obsolete equipment in the City Hall Complex.' Mr. Sustaire stated that he is in favor of the Library Board selling the obsolete equipment, but Mr. McFarland needs to give his legal opinion on this matter. Mr. McFarland states that the City policy is to advertise and to take bids for the sale of equipment and if no bids are received, the City Manager can negotiate for the sale. Mr. McFarland stated that the City Council will have to authorize the sale of the. equipment, and the Council could direct the City Manager to expend the funds on the advice and counsel of the Library Board. Mr. McCray stated that with items of this matter people have to move fast, that the party he is negotiating selling the equipment to is from a foreign country and time is of the essence. Mr. McFarland stated that there is no requirement in the City Charter for submitting for bids; it was only a suggestion on his part. Mr. McFarland stated that the City Manager has tried to sell on a local market and has been unsuccessful. He further stated the Council may want to go with negotiable bid, but that the Council cannot turn this over to the Library Board. Mrs. McCormick moved to direct and authorize the City Manager to sell the heating and air conditioning obsolete equipment and the money to be used for the Genealogy Section in the Library and other improvements in the Library in general; also, sell the Off -set press and Burroughs posting machine in City Hall. 115 Page Three, Regular Meeting, Euless City Council, October 14, 1975) Mr. Walker seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Wright, Hunt, and Ozebek Nays: None Mayor Samuels declared the motion carried. III CONSIDER CALLING PUBLIC HEARING RJR RATE INCREASE AS REQUESTED BY LONE STAR GAS CUVPANY (SUG- GESTED DATE - NOVEMBER 11. 1975) Mr. Wright moved to set November 11, 1975 as the Public Hearing date for the rate increase as requested by Lone Star Gas. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Wright, Mrs. McCormick, Messrs. Walker, Nays: None Mayor Samuels declared the motion carried. IV RESOLUTION NO. 371 RELATING TO THE SALE OF 1.4 MILLION DOLLARS IN GENERAL OBLIGATION BONDS. SERIES 1975. Mayor Samuels stated that at the meeting on October 21, 1975, bids will be opened for the sale of 1.4 million dollars in General Obligation Bonds. Mr. Hunt moved to approve Resolution No. 371 relating to the sale of 1.4 million dollars in General Obligation Bonds, Series 1975. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Hunt, Ozebek, Wright, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (Page Four, Regular Meeting, Euless City Council, October 14, 1975) V REQUEST APPROVAL OF FINAN- CIAL ADVISORY CONTRACT Mr. Ozebek moved to approve the Financial Advisory Contract for Municipal Bond Associates of Texas. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Walker, Hunt, Wright, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VI RESOLUTION NO. 372 AUTHORIZING CONTINUED PARTICIPATION IN TAR - RANT COUNTY ORGANIZED CRIME IN- TELLIGENCE UNIT. City Manager Sustaire presented the Re- solution for the City participation in the Metro -Squad of the Tarrant County Organized Crime Intelligence Unit. Mr. Sustaire stated that Euless has been a part of this unit since its inception, and it had been funded by a grant, but now it would cost the City approximately $1,800.00 per year plus the salary of the policeman and he recommends approval of the Resolution. Mr. Walker moved to concur with the recom- mendation of the City Manager and approve Resolution No. 372 authorizing continued participation in the Tarrant County Intelligence Unit. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Walker, Mrs. McCormick, Messrs. Wright, Hunt, and Ozebek. Nays: None Mayor Samuels declared the motion carried. VII RESOLUTION NO. 373 DESIGNATING A RESPONSIBLE OFFICER AND A FISCAL OFFICER TO SERVE THE CITY FOR REOUES TING A GRANT FROM THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR. City Manager Sustaire presented the Resolution designating a Responsible Officer and a Fiscal Officer for the grant from the Criminal Justice Division of the Office of the Governor and 117 gage Five, Regular Meeting, Euless City Council, October 14, 1975) stated this grant is for micro —film for Euless and eight (8) other cities. Mr. Sustaire stated that he is recommending he be designated as Responsible Officer and James Hickerson, Finance Director, be designated as Fiscal Officer. Mr. Ozebek moved to approve Resolution No. 373 designating City Manager Sustaire as Responsible Officer and James Hickerson, Director of Finance, as Fiscal Officer to serve the City of Euless for requesting a grant from the Criminal Justice Division. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Ozebek, Mrs. McCormick, Messrs. Wright, Hunt, and Walker Nays: None Mayor Samuels declared the motion carried. VIII REQUEST AUTHORIZATION TO TAKE BIDS ON 1976 CITY VEHICLES FOUR (4) POLICE CRUISERS AND FOUR (4) ADMINISTRATIVE VEHICLES) City Manager Sustaire stated he is re- questing authorization to advertise for bids for eight (8) City vehicles and these vehicles are requested and approved in this year's budget. Mr. Ozebek inquired when the specifications would be available. Mr. Sustaire stated that the specifications have been drawn, and he would like to advertise as soon as he is authorized to do so and would have the bids ready by the first meeting in November. Mr. Ozebek moved to authorize the City Manager to advertise for bids for the purchase of four (4) police cruisers, and four (4) administrative vehicles. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Walker, Wright, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. (Page Six, Regular Meeting, Euless City Council, October 14, 1975) IX CONSIDER AUTHORIZATION TO AD- VERTISE FOR BIDS RIR DIVING TOWER AND BOARD FOR MIDWAY PARK POOL City Manager Sustaire stated that he is requesting authorization to advertise for bids for a diving tower and a board for Midway Park swimming pool. Mr. Sustaire stated that this item is included in the Midway Park pool budget. Mr. Hunt stated that this is a hazard that w i 11 be eliminated by the installation of the new tower and board. Mr. Hunt moved to authorize the City Manager to advertise for bids for a diving tower and board at Midway Park pool. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs Hunt, Ozebek, Wright, Walker, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. X SECOND AND FINAL READING -OF ORDINANCE NO. 492 KR RATE INCREASE AS REQUESTED BY TEXAS POWER AND LIGHT Mayor Samuels stated that three (3) members of the Council went to Waco for a Public Hearing on Texas Power and Light rate increase and report by Touche -Ross and that Waco took action on the combined reports. Mr. Hunt stated we have currently a motion that was approved by the Council that would defer and table until the Touche- Ross report was final and the City of Waco took action on the report; now that this has taken place, he feels this Council should take action in order to clear the air and he feels this Council should turn down the original request. Mr. Hunt stated he would like to make a motion to pass an Ordinance that would turn down the current Texas Power and Light rate request at this time. Mr. McFarland stated the Council should vote on the first Ordinance on second and final reading and if that Ordinance failed, then the floor is open for another motion. Mrs. McCormick stated-. the Council should table the second and final reading of the Ordinance and hear what Texas Power and Light plans on doing and whether they accept the rate as approved in Waco. 119 (Page Seyen, egula Meeting, Euless, City Council, October 14, 1975) Mayor Samuels inquired if anyone on the Council desires to accept, on second and final reading, the Ordinance approving the rate as requested by Texas Power and Light. Mr. Walker inquired if the Ordinance could Mayor Samuels read a portion of the Ordinance Mr. Ozebek moved that Ordinance No. 492 be passed on second and final reading based on the Safeguard Clause. be read again. that included the Safeguard Clause. Mayor Samuels inquired if those cities that passed the Ordinance for an October 1st beginning date would also be given the December 1st date of Waco. Mr. Charles Page stated that December 1st, 1975 would be a concurrent date for the increase in all cities. Mr. Wright seconded the motion. Mr. Hunt stated that he has a copy of the Touche -Ross report requested by the City of Waco for purposes of determining whether the Texas Power and Light rate increase is justifiable and the finding was that Texas Power and Light was asking too much and the rate should be 8.2 %. Mr. Hunt stated that in his opinion, for us to go ahead and pass on the Texas Power and Light rate, is granting them an 11 %incree,, and this would be con- trary to the report and all we would be doing is offering to subject the citizens, users, and consumers to a rate much higher than is required, and he does not believe they should do anything that would further encourage this treatment of the citizens, that it is unappropriate for us to take action that would be contrary to what we really know is going to happen to the Texas Power and Light rate in- crease by what took place today in Waco. In effect, it was turned down and a lower rate is going to be enacted in that City and for us to give second reading is in effect, putting the City in some sort of jeopardy and not being at all fair to the citizens. Mr. B i 11 Toppe inquired if the City is paying part of the cost of the Touche -Ross report. Mr. Sustaire stated the City is not paying part of the cost and neither is the City of Waco. Mr. McFarland stated that under the Waco City Charter, they have the right to an independent survey paid back to them by the requesting utility company. The vote on the motion made by Mr. Ozebek is as follows: Ayes: Messrs. Ozebek, Wright, Walker , and Mrs. McCormick Nays: Mr. Hunt Mayor Samuels declared the motion carried. page Eight, Regular meeting, Euless City Council, October 14, 1975) XI CITY ATTORNEY'S REPORT Mr. McFarland stated that since the last meeting there has been a trial for three (3) days in the defense of a Euless Police Officer for false arrest and false imprisonment, and viola- tion of the Federal Civil Rights Acts of 1871. Mr. McFarland stated that after the trial the court took the verdict away from the Jury and instructed the jury to decide in favor of the Euless Officer. Mr. McFarland stated that he has also defended and won a case in the amount of $350,000 against a Euless Police Officer for false arrest. XII SIDEWALKS IMAM City Manager Sustaire informed the Council that the present sidewalk program is now complete. XIII REQUEST FOR RESOLUTION RR HALLOWEEN Mayor Samuels stated he had received a letter from a national organization requesting the Council have a procla- mation for Halloween, asking parents to have neighborhood parties, and asking parents to accompany their children to Trick or Treating in the neighborhood. Mrs. McCormick inquired if there was anything the Council could do to encourage neighborhood parties, as she has had several telephone calls on this matter. Mayor Samuels stated the Council would draft a Resolution for the October 21st meeting for passage at that time. XIV DISCUSSION Mr. Mel McReynolds stated he has set back and watched the Council pass an Ordinance on second and final reading and was very disappointed. Mr. Mel McReynolds stated he wanted to reprimand the Council for their action for passing this Ordinance. Mr. McFarland explained that the Council did not adopt the Texas Power and Light rate increase of 11 °Abut approved a 9.6% rate increase effective December 1, 1975, and if the Waco rate increase is not accepted by Texas Power and Light, then it would be a new ballgame, and you cannot conject what the courts will do. (Page Nine, Regular Meeting, Euless City Council, October 14, 1975) Mr. Hunt stated the Council tonight passed on second and final reading the Texas Power and Light rate increase as requested with the Safeguard Clause, but they voted on what Mr. Page presented to the Council. Mary Ann Walker inquired of the City Attorney if there is anything in the Charter stating that a person cannot make a motion to deny an Ordinance. Mr. McFarland stated that everything needs to be taken in proper parliamentary order. Mrs. Evelyn Poslick inquired if the maximum 9.6% increase would be retro— active in October 1st. Mr. McFarland stated that the increase would go into effect December 1st unless Texas Power and Light rejects the increase and the courts overturn the request, then the City will be right back where they started. Mr. Arland Peterson stated that the Council only voted on the Safeguard Clause and why not state in the Ordinance they were accepting 9.6 %. Mr. McFarland stated that as a practical matter, the Council is not sure at this point whether Texas Power and Light would accept the 9.6 %; if they do not accept the 9.6% and take Waco to court, that litigation would be very expensive and if Euless would have included 9.6% in their Ordinance, they would have been a part of that lawsuit. ADJOURNMENT ATTEST : City Secretary XV The Council adjourned at 9:30 P. M. APPROVED 24Jef.40,1,4.1 4a�, Mayor 7 91