HomeMy WebLinkAboutCity Council-Minutes-1/4/1977
N IN ill' ES
CI'TY COUNCIL
CI'I'Y 01'\ COLLEYVILLE
JANUARY 4, 1977
The regular meeting Of the City Council of C011eyvi11e was
called to order by Mayor John A Andrews on January 4, 1977,
at 7:30 P.M., the Co11eyvl11e City Hall. The invocation was
given by Councilman Don Gillham after which Mayor Andrews led
the p1edg~ of allegiance.
Roll Call: Councilmen Hanlren, Foreman, Gillham, 'I'hompson,
and Vincent were present.
Also present \'Jere City Attorney Wilbur 'I'. Knape
and City Secretary Julie R. Kearley.
Councilman David Hanken moved to approve the minutes of the
December 21, 1976 meeting. Councilman Da~id Vincent seconded.
All members present voting for the approval of the minutes.
Correspondance: None
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Old Buslness:
1. Know1ton-Eng1ish-F10wers, Inc. Questions concerning
the contract wlth the clty were answered by David Washlngton.
Councilman Gillham felt the contract was rather loose and not
much to fall back on. He felt the addlt ion of comment and
recommend to most items would tah:e care of the problem.
Councilman Gl11ham made a motion to amend the contract to read
comment and or recommend on ltems 1,2,4,5,6,7,8,9,10, an every
item and add to item 12 after review to comment and or recommend.
This amendment was seconded by Counc i1man Hanjren. Nr. Knape saw
no legal problems with thls matter.
Councilman Hanjren moved to adopt the the contract as
amended and was seconded ty Councilman Thompson. All members
voting for. The contract will te executed ty Mayor Andrews
and returned to Know1ton-Eng1ish-Flowers.
2. Report on negotiations tetween T~i County and TP&L
was given by Counc tIman Hanlcen. 'l'rt County laltJilers have
recommended that the utility officials wait until the state
Put1ic ut i1ity Commlss ion malres the ir ruling on similar cases
now before them tefore they consider the Col1eyville matter.
Councilman Hanjren made a mot lon that a letter te drafted akfring
TP&L to verify their desire to serve the portion of Co11eyvi11e
now being serviced by Tri County ty written notice. Seconded by
Councilman Thompson. All members voting for.
3. The bid from Cooper Machinery Corp for 1 used rebuilt
Austin-Western ~odel 99H Motor Grader in the amount of $8,500.00
and the new recap spare tire and 'li~hee1 for an additional ~$250.00.
was read by Mayor Andrews and a motion to accept this tid made
by Counc ilman Han/ren second ed by Counc ilman Foreman. All members
present voting for.
NEW BUSINESS:
1. Bob Daniels-'I'exas Pow~P and Light came before the
Council with a Rate Increase Request. Mayor Andrews read the
statement of intent from Texas 1'ower and Light asking for a rate
increase of 34% sutmitted by H. B. Daniel, Jr, Manager of this
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i:HNUl'ES
CITY COUNCIL
JANUARY 4, 1977
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area. A letter from 'lexas jYlunicipal League concerning this rate
increase was also read dated Decemter 30, 1976.
The floor \'Jas given to i'ir. Daniel to present his case for
Texas Power and Light, and he was assisted ty Mr. John Whitmire.
After presentation, a lengthy discussion followed and a
quest ion and answer period fol1mled. 'There was some quest ion
atout length of time to act on the rate increase after the Public
ut ility Commiss ion tool~ act ion. Counc l1man V incent thought it
should be denied unt il the PUC majres a dec is ion and then the
case could te re-presented.
Councilman Han!ren moved that the rate increase ty'l'.P..&L.
te denied. Councilman Gillham seconded the motion. All five
Councilmen present voted for the motion, request for an increase
denied.
Councilman Gillham shocl~ed at the 34% increase and if we
don't watch it, we will worlc ourselves int 0 a b1anlr checlr
approach. Councilman Foreman felt that there has been an
over-reaction to supply of fuel; there needs to be more
research into supply of gas.
2. A lengthy discussion of the sewer tie in's and
related problems was held. Counc ilman Hanlren felt that six.
months was a reasonat1e time period for homeowners to tie in
to the system. 'There are numerous homeo'trmers with sewer related
protlems making no efforts to connect to the 'trlorking system and
some causing additional street problems due to the pooled water.
Mayor Andrews read ordinance 076-238 (Manditory Sewer Use)
and a mot ion l'laS made by Counc i1man Hanjren that t he reasonable
tlme period should be no later than April 1, 1977 subject to
an extension of 60 days for good caase (determined by the
Direct or of Public Worlrs). 'This mot ion was seconded by Counc i1man
Vincent with all members of the Council voting for.
Councilman Hanken requested that the city talce positive
action of notification. Mayor Andrews suggested that a rubber
stamp te placed on water tills stat ing date of compulsory hoolr
up, amount of fine possitle, and ordinance number. Councilman
Gillham requested that we zerox some copies of the urdiance
076-238 and have for citizens at their request.
i'Iayor Andrews felt that after four years of worlr toward
the sewer system that everyone lmows where it is. Everyone's
tax. money goes to pay for the tond indebtedness wheat her they
have the use of the sever or not and have been notified of
the manditory connection by meetings, media, ordinances, and
public hearings. He felt a simple notice of the ava1iabi1ity
should be sufficient.
3. Proposals were fu~nished by Circle C Constructlon
and B & R Plumting to furnish Baclrhoe and Operator for the
purpose of laying an 8" water line on Jaclrson Street. After
some discussion it was decided that B & R Plumbing would do
the job for the city. This being a budgeted item no Council
action was necessary.
Mayor Andrews at this time announced a 'l'OWN HALL
1l'Ieeting this Thursday to discuss the Charter. He requested
all Councilmen and Charter Committee Members be present.
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IVI IN U'T ES
CI'l'Y COUNCIL
JANUARY 4, 1977
PAGE 3
There being no further tus1ness a motion .was made
to adjourn the meeting by Counc11man Hanlren and seconded by
Councilman Vincent. All present votlng for.
Respectfully submitted,
O//'-'-~~
g:~e R. Kearley /' "')
C1ty Secretary
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f2-I.:'/~ . .
Form FhIHA-1'x w-L
Community Facilities
Public Body
(Rev. 7-31-74)
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UNITED STATES DEPAR'INENT OF AGRICULTURE
F:armers Home Administration
RocU\ 9AlS Federal Building
819 Taylor Street
Fort Worth~ 'texas 76102
DATE: Jaml9r-ry 21, 1975
. Honorable .John M. Andrews
Mayor. City of Colleyville
~ost Office Box 185
Co11eyville, Texas 76034
Dear Mayor Andre\'ls:
This letter establishes conditions which must be understood and agreed to
by you before further consideration may be given to the application and
which must be met before the loan can be closed or construction begun.
This letter is not to be considered as loan approval or as a representation
as to the availability of funds. The docket may be completed on the basis
of a loan not to exceed $ 3,200,000.
The loan will be scheduled for repayment over a period not to exceed 40
years at the interest rate in effect \"1hen funds are obligated. A cash
reserve fund \d11 be established in an amount equal to one annual install-
ment as set out in the bond ordinance.
P1ease~mp-~te and return the attached Form FmHA 442-46. Letter of Intent
to Meet Conditions, if you desire further consideration be given your
applicatJ."on - . '. II j, -, - -- ' ,f__.
. I'!I~~ :':",~ .:..~~ f.uc. . .." ../ It;' r".:J (.' '1,.":/1;"
If the conditions set forth in this letter cannot be met within 90 days, it
may become necessary for Farmers Home Administration to l'lithdraw its offer.
Following are the conditions that must be understoodt agreed to, and met:
1. USE OF FACILITY
district \'1hich
The a licant
ance.
2. REPAil4ENT SCHEDULE
Interest during construction may be included in the loan to pay interest
until the facility is in full operation. Principal payments may be
deferred for three full years after loan closing.
__..____"_.___.....--...-.-_._...__,.~._"__,.^'..__., ._~___.._.......__.~ _..~~. ..n u~_~__. ,_,. _._,,~
FOnD FlnHA~T.x 442-<
Community Facilities
Public Body
(Rev. 7-31-74)
(
Page 2
3. CONTRIBUTION BY THE APPLICANT AND USER VERIFICATIOn
llL~n water and -..; sewer customers will have signed water/sewer
user agreements with the city/district and will have made cash deposits
of $ -- each. Verification of users will be made by the district
director using Form FlnHA-~ 442-4.
4. ~IULTlPIE ADVANCES.
In accordance with FlnHA Instructions 442.1, Appendix C, Paragraph
1823.45, multiple advances will be used where bonds serve as security.
5. ~9URITY ,REQUIREl1EN!.S
Revenue bonds in the amount of $2,000,000.
General Obligation bonds in the amount of $1,200,000.
\dll be voted and delivered to Farmers Home Administration.
6. ..QRG~~I..QN
furnish a complete list of officers and type of organization whether
city, township, water control and improvement district, authority t or
special purpose.
7. ~S~S~ OPlQtAT~Q~p.
A. The facilities will be operated by the governing body in accordance
with state laws, bond ordinance or resolution, and the bonds serving
as security for the loan. i'
B. The loan is subject to the provisions of the Civil Rights and Equal I
Opportunity Laws. The applicant nmst agree to comply lnth these [
requirements by executing Form FffiHA 400-4, Nondiscrimination Agreement.
C. As a part of t~ docket, the a:el?~~ant tdll_p!:~s~E:~_.fg!:. F~lI)ers Jlome
Administration's reviet-l 8nd a.p.E~oval ~agement ElanL~~ac:i:..lity
maJJltenance p~an, and a proposal for the maintenance of accounts
ana records and-Obtaining audit reports. Such plans should include
written agreements for management, maintenance, accOW'lting and
auditor services.
8. !!'l~~C~.J~~!P._!Pm?IN~
A. The buildings and removable parts of the facility will be covered
by insurance covering the usual hazards in the area in an amount
approved by the Farmers Horne Administration prior to the final
inspection. A copy of the insurance policy will be furnished to ElnHA.
Public Liability and Property Damage Insurance tdll be required
accor~-.!~.~~eco~end~~ions -9L!.~_c;~~Y...!..~~PW~~r and attorney.
\-lorkman' s compensation insurance will be carried as required by
state law.
_.._-""_..,.~-'"._..__.."._._~_._--_._---,.._-~._._-_._-_...~-----_._--,--_.--.._.._---._._,--,.
Form FlnHA-'l~ 444-1
\
Community FaciJities
Public Body
(Rev. 7-31-74)
(
Page 3
B. The position of the Secretary-Treasurer will be covered by a fidelity
.bond in an amount sufficient to cover the amount kept on deposit at
any one time. A- copy of the bond will be furnished at loan closing
or prior to beginning construction, \'lhichever occurs first.
9. CONSTRUCTION
A. All construction will be on contract documents as outlined in ~_HA
lnstructJ.ons m;r;--Y'our engineer, attorney, and-Farmers Home
Admiriistration wi.1J.. assist you with this.
B. Your e~ineer ~_1 J "'p!:~p~EL~ons!-ruction ~pnt;-act _ d.c!..~~ts_~d
specifications using ~HA_:fn.~~C?t:i:oll~.A42.;t-, Appendix ~J and state
sup.p.:l.~m~~t-,s.
C. A letter must be obtained from the Texas Water Quality Board to
thEi""'effect that these facilities will not result in pollution of
l'i~terso~-t~_ stat~_~_~?tce~~._ C!~!-~~_~~.andards .e stablished by that
agency.
D. After the final plans and specifications have been approved in
writing by the Texas State Department of Health and the FbI-1.A engineer"
and the final docket forwarded to the state office by the county
SUpervisor, ~ruction bids ma~ be receive~. Farmers Home Adminis-
tration must be represented at all bid openings and negotiations.
E. When bids have been received and it is determined that construction
can be completed within the funds available, the successful. bidder{s)
must be advised that loan funds cannot be made available until all
requirements of the closing instructions have been met.
F. Executed contracts a.."ld bonds are to be approved in writing by the
state Director before any construction is started.
.
!
G. Construction of the distribution system will not begin until the tiell
(if applicable) has been drilled, tested, and accepted by the city,
FlnHA, and the Texas state Department of Health.
H. In accordance with FmHA Instructions 442.1, Appendix B, Paragraph
1823.33 mv changes in construction, addition, and/or deletion will be
made only on written change order, Form FrnHA 424-7, Contract Change
Order. Approval by the governing body is required before any t.'Ork
is done.
I. A representative of the city or district will monitor and provide a
report to FlnHA on actual performance during construction. The reports
will be prepared in accordance l-uth FlnHA Instructions 442.1, Appendix
B, Paragraph 1823.31. All estimates for payments to contractors\dll
be made on Form F\"llHA 424-18, Partial Payment Estimate, prepared by
your engineer, approved by the governing board, FmHA engineer (if
applicable), and county supervisor.
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Form FmHA-i'x.442-{
Community Facilities
Public Body
(Rev. 7-31-74)
Page 4
Two additional copies of this J.etter and attachments are for your use. One
copy has been furnished your engine~r.. and one copy should be given to your
attorney. I want to meet with the governing board, your engineer, and
attorney so that we may discuss the contents of this letter.
ADDI'J:IONAL REQU'IREMENTS:
Foxm FHa 442-47. Loan Resolution, will be adopted and executed by the
app1..1.cant prior to issuance of closing instructions. This resolution
must include a s~:lt:~nt that the city wi.ll have all certificates of obli-
gat1.on re-issued as Revenue and Tax Bonds when the facUities have been
completed. This is in ac.cordance with our letter from M:r. Elbert: Morrow,
of the fi3:m of Dumas, Huguenin, Boothman and Morrow, Bond Counsel for the
city (copy attached). dated .January 3. 1975.
Attat'lmusn ts