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COUNCIL MINUTES BOOK M THRU BOOK FINISH (1977 - 1980)_ROLL 8MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING OF NOVEMBER 22, 1977 IN THE CITY HALL COUNCIL CHAMBERS LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 7:00 P.M. The Council met in regular session with the following members present: Morris I. Waller, John Amick Larry Corley Wayne Daigle E. Larry Dickens Delora King Goree McGlothen The meeting was called to order by the Honorable Morris I. Waller, Mayor, and the invocation given by Councilman Wayne Daigle. CONSIDER THE MINUTES OF THE PREVIOUS MEETINGS Mayor Waller then presented the minutes of the meetings of October 25 and 28 and asked the Council for their consideration of same. Councilwoman King moved to adopt the minutes as written and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. DISCUSS AGAIN THE NAME DESIGNATION FOR AVENUE Q AND 75 NORTH Mr. McAlister introduced a petition from 42 property owners on Avenue Q, north of llth Street petition -D ing the City to refrain from changing the name of Avenue Q, north of llth Street to Highway 75 North and mark said street. The petition stated the costs involved in changing taxing agency records, utility company records and personal costs for changing address records as reasons for requesting no name change. Dr. Dan Kelley, DVM, indicated through another petition, that the 10 businesses on Avenue Q north of llth Street, were in favor of the Highway 75 North designation as all the businesses there have always had this address designation since back in the 1960's. He indicated these businesses stand to lose more with this change than a homeowner as a homeowner can have his checks changed for $3.00 whereas Dr. Kelley would experience $2,500 to $3,000 to change all of his records back again. He said he just had all his stock printed with the new Post Office designation of Highway 75 North, which was recently established by the Post Office. He said although Hardy's Grocery and the Ceramics Shop signed the other petition, they said it didn't make any difference to them, but to set it one way or the other and leave it alone. Ronnie Robinson spoke to the Council to clarify the point that the Post Office did not assign these numbers, but that the City did. He said upon notification by the Post Office, he called the City and confirmed it to be Highway 75 North. (Mr. Robinson is with Cowboy Corral.) Carroll Joe Heaton spoke to the petition to support Avenue Q designation (originator of the petition) and stated that he got his number from the City also, 94 Avenue Q. Dr. Kelley interjected that Carroll Joe does not liveright on the highway (75 North), but that he lives on Avenue Q one street over from the Highway (former -1 ly the Wynne Farm Drive). 'I Mayor Waller told those present the Council would discuss it in detai would hopefully make a decision that would at least make half the people happy. CONSIDER BIDS ON THE TRAVELODGE SEWER EXTENSION Mr. McAlister indicated bids on FM 1374 Sanitary Sewer Extension (formerly Sam Houston Inn) were received from two contractors, as follows: Oscar Crawford of Lufkin $4,996.30 Brazos Valley Utilities, Inc. $12,061.85 Mr. McAlister indicated the City Administration recommends awarding the contract to Oscar Crawford for $4,996.30.1 He said the estimated completion time is 30 working days and the owner's share would be $3,677.80 and the City's 'I share would be $1,318.30. It was noted the source of the City's share would be from the sewer extension fund. Councilman Dickens moved to award the contract to Oscar Crawford for $4,996.30 and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A RESOLUTION INCREASING UTILITY DEPOSITS McAlister then presented Resolution No. 77-26, the caption of which reads A RESOLUTION AUTHORIZING DEPOSITS OR BONDS FOR SECURING PAYMENT OF WATER SERVICE CHARGES IN ACCORDANCE WITH CHA1?T:ER17„ SECTION 17-12 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE. Mr. McAlister said this section provides that the City may, from time to time, set new rates for any deposits deemed necessary.. He said this Resolution changes section 2 to read as follows: (2) Any person applying for residential water service shall place with the City a sum of $40 for a utility deposit. He said this amount would cover any losses that would be incurred from anyone who had a utility bill that was 60 days old. He said last year the City experienced a loss of approximately $3,700 and it is hoped this change will help to underwrite these losses. Mr. McAlister said this resolution does not affect the commercial deposit amount nor does it affect the provision requiring a bond in lieu of an actual cash deposit. ------------- Martin Colley, the City Attorney, approved the Resolution as written, but indicated in the near future he would like to see it amended with a provision stating that if the property is sold, the seller's bond would continue to be responsible until the buyer puts up a new bond. He said this would avoid the problem of having two months' bills before the bond is approved. Councilman Corley moved to adopt the Resolution as written with the thought that the Council will consider an amendment as indicated_ at a later date. Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A RESOLUTION PROPOSING CHANGES IN THE CONTRACT WITH THE COUNTY AND THE HOSPITAL FOR AMBULANCE SERVICE Mr. McAlister indicated. this Resolution relates to the fact that the City and County have paid for all costs of the Ambulance Service on a 50-50 basis, including the cost of transfer patients who have not paid their bill for transfer service. He said the City and County representatives discussed this matter and it is their mutual belief that their primary financial obligation is to deliver their sick or injured citizens to the closest medical care facility, which is Huntsville Memorial Hospital, and upon such delivery, any need for subsequent medical transportation costs should be first the responsibility of the patient inreed, and if unpaid, then the •■ n- -ospi a or any unpai• cos s o e ervice or su.sequent transportation needs. He said this would result in a $10,000 savings per year for the City and another $10,000 in savings for the County. He said the County is entertaining a similar resolution with the Commissioners. Martin Colley then discussed the City's obligation relating to transfer of patients. After much dis- cussion, Mr. McAlister indicated this resolution merely conveys a sense of the Council that negotiations be undertaken between the City and the County and the Hospital or entity to build an amendment into the existing contract where the Hospital (entity) would pay any unpaid costs of transfer patients. In order to get discussions and clarifications underway, Councilman Dickens moved to adopt this Reso- lution and Councilman Daigle second the motion. All were in favor and the motion passed unanimously to adopt Resolution No. 77-23. It was noted again that this resolution denotes the sense of the Council in a general way on the subject with the specifics certainly yet to be determined. Mr. McAlister indicated a resolution is merely an administrative direction for the administration to carry out a demand to undertake negotiations. Jim McAlister then presented two more Resolutions, Nos. 77-24 and 77-25 which dealt with a duplication of Hospital District taxes to City residents as they pay for them twice in both county and city taxes; and the creation of an administrative board to oversee the daily activities of the Ambulance Service. Councilman Dickens moved to table these resolutions in light of the adoption of Resolution 77-23 which is a general directive to begin discussions of which these resolutions speak to more specific instances. Councilman Corley seconded the motion to table Resolutions 77-24 and 25. All were in favor and the motion passed unanimously. DISCUSS HOTEL/MOTEL TAX CLARIFICATION "I, therefore, tender my resignation as Councilman -at -large, Position 2 of the Council of the City of Huntsville, Texas. "It has been a busy six years in which much has been accomplished. I am glad to have been a part of it." Mayor Waller expressed the deep appreciation of everyone to Frank H. Moore for his very diligent service on the City Council for the past six years. Mayor Waller said he has performed outstandingly for all the citizens of Huntsville and it is with the deepest regret that his resignation is accepted. Mr. Waller said at the next regular meeting of the Council an appropriate resolution in recognition of Mr. Moore's service will be presented as well as a plaque recognizing his contribution to the City of Huntsville. Resignation of L. M. George from the Planning Commission --November 22, 1977 Mayor Waller then presented the resignation letter from Len George from the City's Planning Commission,' which reads as follows: idence will be located outside of the corporate "Effec limits of the City of Huntsville. Under Article III, Section 2-38, of the Planning and Zoning Commission Ordinance, members must reside within the corporate limits of Huntsville. Therefore, I hereby submit my resignation from the Planning Commission effective November 22, 1977. "I wish to thank you and the members of the City Council for my appointment to the Commission. I regret not being able to continue to serve the City in this manner. It has been both enjoyable and satisfying to serve with such a fine group of community - minded individuals whose dedication to making Huntsville a great city is paramount." On behalf of the City Council and the Planning Commission, Mayor Waller graciously accepted this resig-} Effective Date of Councilman Moore's Resignation Jim McAlister indicated that on July 26, 1977, the Council passed two ordinances (77-51 and 77-16) which extended the contract between the City and the Tourist Bureau to November 12, 1980, and increased the applicable tax from 3 to 4 percent. He said the way the ordinance was worded it provided it would take effect August 29, 1977. He said Bob Smith, Tax Collector, wrote the hotel and motel people to advise them that their first 4 percent was due for the period for September, October, and November. Mr. McAlister said the motel/ hotel people and the Chamber thought the new rate went into effect January 1, 1978 with the first collection due in April of 1978. asked what the effective date would be of Councilman Moore's resignation. M. D. Colley, the City Attorney, indicated the resignation is not effective until his successor has been appointed and qualified. Jim McAlister noted the Charter provides that if there is a single vac on the Council, the Council may appoint someone to fill that vacancy. Howe if there are two or more, it would necessitate an election. Civic Center Study Commission's Report He then asked for clarification from the Council. He said John Amick and Delora King are members of the Tourist Council and they have indicated it was their intention for the tax to be collectible beginning January 1, 1978. Mr. Colley indicated the ordinance was passed based on some misinformation the Chamber of Commerce had that the City would be required to spend a certain amount of money on arts, etc. He said this information was in error; however, we rushed up to pass the ordinance effective August 29, 1977. He said it matters not what the Chamber thought but it matters what the Council did and the law is the law. Mayor Waller said the fact is that if the merchants had not been notified of the tax increase, and the months of September, October and November are already passed, we can't require them to go back and pay a tax that they haven't assessed because they haven't been informed. It was noted the only notice of the increase to the hotel and motel people was the newspaper article of August 25, 1977 and knowledge of the Tourist Bureau representative. Mr. Colley advised that more formal notice was not necessary. Mr. Colley said those who have collected the 4 percent will not be allowed to keep it and those who have not collected it will not have to pay it out of their pocket. He said some resolution can be made to re- solve the problem. He said perhaps the tax collector can take a poll of the hotels and motels to determine who has collected it and when they began and then some ordinance could be drafted to adjust the equities. Mayor Waller indicated Mr. Colley would relate to this problem and it would be again discussed in the next council meeting of the Council. ADMINISTRATIVE REPORTS --JIM McALISTER asked about the status of the report. Mr. McAlister indicated that report was delayed because they were awaiting a letter from SHSU inventorying state facil- ities and listing fees for use by the public of those which can be made available. He said this letter would have an impact on their final recommendations and they have asked for and have been granted a delay to await this information. On Monday, November 28, the Commission will decide whether the information they have gathered will comprise their final report or whether it will be merely an interim report with more study needed for a final report. Dr. Dickens urged the early completion of this report due to the necessity of getting the planning underway before the holidays for the upcoming bond election in the spring. He asked that this item be addressed on the next work session agenda. Mayor Waller suggested deferring the next work session until the return of Mr. McAlister, who would be out of town. The next work session then would be on December 6. Martin Colley indicated attention must also be given to any election preclear- ance requirements which may have to be met as per the Attorney General's office. Mr. McAlister submitted a memorandum from A. E. VanDever, Director of Finance which officially notified the City that the Municipal Finance Officers Association of the United States and Canada has awarded the City of Huntsville, Internal Services Department, a Certificate of Conformance for excellence in financial reporting. He indicated that since Mr. VanDever was not present to speak to it more in depth, he would only touch on it lightly at this time. h DeShaw, City Secretary November 22, 1977 Resignation of Councilman Frank H. Moore --October 31, 1977 Mayor Waller then introduced a resignation letter from Frank H. Moore which reads as follows: "When I was elected to the City Council two years ago, I planned to serve only two years, which as you know, would be the last of three two-year terms. "Now that the term has been extended, I find it extremely difficult to continue to serve the additional five months. To do so would conflict with business and personal plans, thereby limiting my effectiveness as a councilman. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF DECEMBER, 1977, IN THE CITY HALL COUNCIL CHAMBERS IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS, AT 7:30 P.M. meeting with the following members present: Morris I. Waller, Mayor John Amick Larry Corley Wayne Daigle E. Larry Dickens William Hodges, new Council Appointee Delora King Goree McGlothen Jack C. Parker Frank C. Moore, Outgoing Councilman Army Corps of Engineers to resume construction of the Wallisville Salt -Water Barrier and Lake. Project as soon as possible. Mr. Manis indicated this 7 year project was stopped three years ago by a court order to allow for a restudy of the environmental assessment of the Wallisville Project. He indicated the reassessment revealed that Alternate 2A, which would inundate less of the marsh area near the mouth of the river, would be more appropriate for the salt -water barrier that was proposed at the mouth of the river. He said this would affect Huntsville in that we are currently releasing some thousand cubic feet per second of water from Lake Livingston for the control of salt water. He said this would lower the lake level and, in the new water plant, conceivably cause more pumping costs. Mayor Waller indicated he attended the Wallisville Hearing of the Corps of Engineers on December 10. He said of the seven different plans presented, Plan 2A received the most support as it is for a 5,600 acre reservoir instead of a 19,700 acre reservoir. He said this plan had the endorsement of Senators Tower, Bentsen, Congressman Eckhart, Congresswoman Barbara Jordan, Congressman Brooks and Charles Wilson. He said the Shrimp Association of Texas also voiced their support of Plan 2A. He indicated those in opposition were the Sierra Club, the Audubon Society and COST. Mayor Waller indicated he is in support of Plan 2A. councilman Parker moved the adoption o€—the—Re • • '. - seconded the motion. All were in favor and the motion passed unanimously. The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by the City Attorney, Martin D. Colley. CONSIDER THE MINUTES OF -THE PREVIOUS MEETING The Mayorthen presented the minutes of the City Council Meeting of November 22, 1977 for the Council's approval and adoption. The minutes were moved for adoption by Councilwoman Delora King and this motion was seconded by Councilman Dickens. All were in favor and the motion passed unanimously. CONFIRMATION OF APPOINTMENT OF BILL HODGES AS THE COUNCILMAN -AT -LARGE FOR POSITION TWO Mayor Waller indicated the Council should now act upon confirming the appointment of Bill Hodges to fulfill the unexpired term of Councilman Frank Moore. Mayor Waller then formally appointed Bill Hodges to the unexpired term for Councilman -at -Large, Position 2. Councilman Dickens moved the confirmation of the appointment of Mr. Hodges and Councilman Daigle seconded the motion. All were in favor and the motion passed unanimously. The City Attorney, Martin D. Colley, then administered the Oath of Office to Councilman Bill Hodges. The Mayor and Council welcomed Mr. Hodges to Huntsville's City Government. PRESENTATION OF PROCLAMATION AND PLAQUE TO OUTGOING COUNCILMAN FRANK H. MOORE Mayor Waller then presented Councilman Frank H. Moore with a Resolution No. 77-24 acknowledging his valuable service to the City over his three terms as City Councilman. He also presented him with a plaque recog- 1 nizing him for outstanding and dedicated service to the citizens of the City of Huntsville as their Councilman from October 1971 to November, 1977. Mayor Waller indicated with the resignation of Frank Moore, Mayor Pro Tem, the Council now needed to appoint a successor for the position of Mayor Pro Tem. Councilman Dickens nominated and moved that the senior member of the Council, John Amick, be so designated as Mayor Pro Tem. Councilman Daigle seconded the motion. All were in favor and the motion passed unanimously. MANCE PARK TO DISCUSS BUILDING PERMIT FOR THE NEW SCHOOL CONSIDER BIDS ON SEWER SAMPLER AND RADAR EQUIPMENT Jim McAlister, City Manager, indicated on December 6, 1977 bids were received and opened for the pur- chase of one automatic sewer sampling machine. Only one bid was returned,he said, from the W. E. Bates Engineering Company of Seabrook, Texas. He said their bid was for $1,295 for an ISCO Model 1680 sewer sampler. He said in addition, it is proposed to purchase one rechargeable nicad battery and 22 feet of 1/4 inch suction hose, bringing the total bid to $1,478.50. He indicated $1,550 was budgeted for the purchase of this unit. McAlister said it is the recommendation of the Purchasing Office that the bid submitted by the W. E. Bates Engineering Company in the amount of $1,478.50 be accepted as the best and most responsible bid. Councilman Dickens moved to accept the bid as presented and Councilman Amick seconded the motion. All were in favor and the motion passed unanimously. McAlister then presented the five bids received for two moving radar units for the Police Department. He indicated of the bids received, CMI, Inc. submitted the lowest bid for a CMI Speedgun "8" at $2,395 each, less $2,490 trade in for a total cost for both units of $2,300. He indicated $2,570 had been budgeted for these units. McAlister indicated after conducting field tests of the proposed units, it is the recommendation of the Police Department and Purchasing Division that the bid submitted by CMI, Inc. in the amount of $2,300 be accepted as the best and most responsible bid. Councilman Corley moved to accept the recommendation and to award the bid to CMI, Inc. for $2,300 and Councilman Amick seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AMENDMENT TO O'MALLEY AND CLAY ENGINEERING CONTRACT Jim Hudgens, Director of Community Development, indicated the amendment reflects a reduction in cost of their engineering fee from $37,500 to $35,000 through deletion of medium intensity taxiway lighting, which will not be required on this phase of the airport project. He noted it will not be required until Phase III. Councilman Parker moved to adopt Addendum No. 1 to the engineering contract of O'Malley and Clay as presented. Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Mance Park, Superintendent of the Huntsville Independent School District, requested that HISD be cate- gorized with TDC and SHSU and any other governmental body or tax -supported institution and be exempt from the process of acquiring building permits from the City. He indicated OSHA's requirements for building structures are much more stringent than any City codes so he felt there would be no loss of quality, etc., if a building permit were not obtained. He indicated the HISD cannot afford a $5,000 building permit. Councilman Amick made the motion that this request be granted. Martin Colley, the City Attorney, ad- vised Mr. Amick his motion was out of order as this request could only be considered by an amendment to the existing ordinance. He said the Council may direct him to draw up an ordinance to effect their wishes to exempt HISD, if they so desire. Mayor Waller indicated this subject needed further consideration. He indicated the hospital is a sep- arate public body and they will most likely have the same request. He felt the Council should study all the ramifications related to this request before a decision is made. He indicated the Council will combine next week's worksession with a formal meeting in order to take some action on this request. CHANGE ORDER NO, 1 ON GLO RUNWAY LIGHTING CONTRACT FOR AIRPORT . Mr. Hudgens indicated this represents Change Order NO. 2 of the FAA and refers to the installation of 26 yellow and white lenses on the runway lights. He said this change order has already been submitted to the FAA for approval, however, approval has not yet been received. He said it represents a price increase of $468. He said the engineers, in consultation with FAA, feel this additional installation is required. He indicated FAA will pay 90% of this' cost and the City will pay 10%, or $46.00. Councilman Dickens moved to accept Change Order No.. 1 on the GLO contract and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. AUTHORIZE EXPENDITURE OF FUNDS FOR HANDRAIL FOR THE TONEY GOODRUM GRANDPERSONS CENTER Jim McAlister presented a status report of the water and sewer, revenue sharing, and general fund contingency projects to date for the Council's consideration. He indicated the request for a handrail along the sidewalk on the north side of the new Grandpersons' Center came from the Senibr Citizens. He said an estimate of the costs to extend the handrail from its present location down past the door to the Center is as follows: CONSIDER TOURIST BUREAU BUDGET FOR 1978 Materials: pipe and fittings, paint Labor: 3 men X 16 hours Councilwoman King and Councilman Amick, as representatives from the Council on the Tourist Bureau Board, spoke on the budget. Mrs. King presented the budget which included $15,550 for Administrative Office Expendi- tures, $3,800 for Operating expenses, $1,600 for building and equipment expenses, and $49,000 for advertising, for a total proposed budget of $69,950. Councilman Dickens asked for a clarification of an operating expense entry entitled Accounting Fees in the amount of $1,100. Mrs. King indicated she would seek clarification of this expense, but it was felt it was incurred for a certified audit of the Tourist Bureau. Councilman Parker moved to postpone acceptance of the budget until next Tuesday pending clarification of the audit expense question. Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDERS A RESOLUTION FOR THE TRA WALLISVILLE PROJECT Grady Manis, Jr. of the Trinity River Authority's local office presented a brief introduction to Resolution No. 77-23, which, if passed by the Huntsville Council, would express their feeling to urge the U. S. Councilman Parker noted that the three men listed for labor above are already budgeted and so $248 would not have to be transferred to cover these costs. He said this is a cost analysis rather than true cost for this project; the true cost being $167.00 as it relates to transferring funds. Councilman Parker moved to authorize the expenditure of $415 for the extension of the handrail on the 1000 block of llth Street. Councilman McGlothen seconded the motion. All were in favor of the motion and it passed unanimously. Councilman Dickens felt this type of expenditure could be authorized by the City Manager and that the Council should not have to spend time on such matters. McAlister indicated since it was not budgeted originally and would have to come from contingency funds, it needs Council approval. Councilman Parker sug- gested the City Manager draft a "policy Procedure" which would allow the establishment of a $5,000 contingency fund to be expended on projects of this nature at the discretion of the City Manager, without prior Council approval. Councilman Parker then moved to authorize the transfer of $167 from contingency fund to fund the pur- chasing of materials for the handrail extension project. Councilman Corley seconded the motion and all were in favor so the motion passed unanimously. CONSIDER UTILITY EXTENSION FOR THE CRUSE CORPORATION Ordinance Providing for Utility Deposits on Certain Accounts Jim Hudgens indicated Mr. Cruse of the Cruse Corporation has requested a water line extension to serve five townhouses on Hickory Street. He said if the Council decides to participate in the extension, under the provisions of the ordinance, the cost to the City will be approximately $921.25; the project total cost being $1,842.00. Mr. Cruse has requested that a 6 inch water line be extended to the site of his development, or 175 feet of 6 inch line. He said the city participation in 50 percent of the costs would bring its costs to $921.25. Mr. Hudgens indicated at the time the building permit was obtained by Mr. Cruse, he was willing to pay for the extension of the line, whether the city participated or not; however, he desires the same con- sideration that is extended to others. Mr. Hudgens noted this extension will result in a dead end 6 inch main with a fire hydrant for flushing purposes. He said it is recommended that, as soon as funds are available, the 6 inch main be extended another 840 feet and looped to a 6 inch main on Crosstimbers (15040.) Mr mu ndi -a— snot yet developed, but this extension would be needed in the future. Mayor Waller noted Mr. Cruse should be made aware of the fact that dead end mains have a serious problem with brown water. Mr. Hudgens indicated he would advise Mr. Cruse of this in writing. Councilman Amick moved to grant this request for City participation in the amount of $921.25 and to authorize the transfer of funds from the Water and Sewer Contingency Fund and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Colley then read Ordinance No. 77-23, the caption of which is as follows: AN ORDINANCE AMENDING CHAPTER 17, SECTION 17-13 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE BY ADDING A PROVISION THAT LIABILITY FOR WATER SERVICE CHARGES SHALL CONTINUE TO ACCRUE TO THE CUSTOMER OF RECORD UNTIL A NEW DEPOSIT IS RECEIVED AND PRIOR CHARGES PAID IN FULL AND PROVIDING FURTHER THAT BONDS FILED UNDER PROVISIONS OF SECTION 17-12 SHALL BE SUBJECT TO THE PROVISIONS HEREOF, PROVIDING FOR AN EFFECTIVE DATE. After some discussion, Councilman Parker moved to adopt Ordinance No. 77-23 and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. ADMINISTRATIVE REPORTS --Jim McAlister Jim McAlister indicated it was time once again to name the Council's delegate and alternate to the Houston balveszon Area Guu,R.il' (IIGAC} C, i c 1 Body Mcmbcr3hip. Ke indicated last year Pr Di rkevs hP1 d the delegate title and Delora King the alternate title. Councilman Dickens moved to promote Mrs. King to the position of. delegate and that an alternate be chosen. Councilman Parker seconded the motion. All were in favor and that motion passed unanimously. Council- man Corley then nominated Wayne Daigle as "alternate" and Councilman Dickens seconded the motion. All were I in favor of Daigle as the alternate and that motion passed unanimously also. AUTHORIZE EXPENDITURE OF FUNDS FOR 20TH STREET UTILITY RELOCATION Jim McAlister indicated that for the 20th Street Paving Project to continue, some existing utility (water) lines must be relocated. He indicated the cost of relocating a fire hydrant and revision of various water lines would cost $4,227. Mayor Waller asked if the costs computed for the extension of the 6 and 2 inch lines included labor and equipment? He indicated the Council need not authorize the expenditure of labor and equipment as these are already budgeted. Van VanDever indicated the costs are figured in the scope of labor, materials, etc. in order to get the participant's costs and when the actual costs come to Accounting, they do not charge labor at that point and they will adjust the costs according to the city budget. It was noted by Mayor Waller and Councilman Amick that there are no participants in this project for relocation of utilities. After some discussion, Councilman Parker moved the authorization of the utility relocation work for the extension of 20th Street and that the authorization for funds be postponed until the true costs are known at the next meeting and that costs are not to exceed $3,500, exclusive of labor. Councilwoman King seconded the motion. Councilman Amick questioned the motion that costs are not to exceed $3,500 with the thought that the project would be stopped if it ran over say only $15.00 or so. Councilman Parker withdrew his motion to await one which may be more appropriate. Planning Commission Appointments Mayor Waller then appointed Mrs. Charles (Jane) Monday to fill the position vacated by Len George, who has recently moved outside the City limits. He then appointed Mr. Jim Wood to fill the position vacated by the resignation of Bill Hodges, who resigned to accept his appointment to the City Council. He then formally appointed these members and asked the Council for their ratification of his appointments. Councilman Corley moved to accept the Mayor's appointments and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller indicated the Council would meet on December 20 in a combination worksession/council meeting to resolve matters still pending. National League of Cities Meeting Councilman Corley then moved to proceed with the utility relocation work and to take care of the funds at a later date. Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Councilman Parker requested that in the future when costs are computed that they be done so in two columns; one for labor and equipment and one for materials and supplies before arriving at the total cost. Jim Hudgens indicated they would be more detailed in listing these costs in the future as a point of clarifi- cation for the Council. City Manager, Jim McAlister, indicated another cost in this project which was not anticipated will be relocation of a fence on the Randall property which will cost between $150 to $300. Ordinance Authorizing a Contract with the TRA for the Construction of the Parker Creek Sewer Plant Mayor Waller asked that this ordinance be postponed for action for further clarification and study of this particular contract. The City Attorney then moved to the next item on the agenda. Ordinance Providing Pro -Rata Reimbursement for Utility Line Extensions Martin Colley then read the ordinance No. 77-22 to the Council, the caption of which reads as foll AN ORDINANCE AMENDING SECTION 17-35, ARTICLE III, EXTENSION OF WATER AND SEWER LINES, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY PROVIDING FOR A NEW SUBPARAGRAPH (2) OF SECTION 17-35, PROVIDING FOR 'ELIGIBLE REIMBURSEMENT OF PRO -RATA COSTS TO BE MADE WITHIN THIRTY DAYS AFTER RECEIPT OF SUCH SUM BY THE CITY OF HUNTSVILLE FROM AN ASSESSED PARTY, AND PROVIDING FOR AN EFFECTIVE DATE. thanked the City for allowing he and his,wife to attend the National League of Cities Meeting in San Francisco. thanked the Council and the Mayor for his appointment to the vacancy on the Council. He indicated he would do his very best to do a good job for them. Civic Center Study Commission Report asked where is the report from the Commission. McAlister indicated the report will not be ready until some time in January, 1978. He said an interim group of the commission is working on a final draft. Dr. Dickens expressed his concern for the upcoming bond issue which will be affected by this delay. then adjourned until December 20, 'ut D aw, City Secretary December 13, 1977 The caption being self-explanatory of the change, he then asked for the Council's approval, stating that the present section of the ordinance provides the people will be reimbursed in October of every year. He said we have had a case of a pro rata reimbursement that took place in October and when the person then inquired about it, he was advised he would have to wait until next October to get his money; this ordinance then, he said, would change that. Councilman Dickens moved to adopt Ordinance No. 77-22 and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. Councilman Hodges asked what the statute of limitations would be on this ordinance. City Attorney indicated the ordinance has a provision that one year after five years after the date of extension is the last time a person can apply for it. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20TH DAY OF DECEMBER, 1977, IN THE CITY HALL COUNCIL CHAMBERS IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS, AT 7:00 P.M. with the following members present: Morris I. Waller, John Amick Larry Corley Wayne Daigle E.1Larry Dickens William Hodges Goree McGlothen Jack Parker Alternate No. 1 --Mr. Rachunek said this alternate includes a double -course surface treatment, the same as ;is on the runway now. He said the low bidder is: L -W -B Construction Company @ $ 35,076.25 Mr. Rachunek indicated the contract was a combination; bidders had to bid the base bid and alternate 1 and 2, and then we would choose the base and either one of the alternates. He said Pitt Construction Company's bid was $36,535 for Alternate 1, and that it was the total "overall" low bid. Alternate No. 2 --Mr. Rachunek said this includes a two-inch hot -mix overlay over the entire 1,300 foot runway extension and the 600 foot taxiway extension, and all existing runway, taxiway, and apron area there now. He said the low bidder is: Pitt Construction Company @ $389,894.50 \ Mr. Rachunek said to have a usable surface, we have to either take the base bid and Alternate 1, or Alternate 2. Also, he said, we need to add to that, Alternate 3, which is the lighting for the 1,300 foot runway extension. The meeting was called to order by the Honorable Morris I. Waller, and the invocation was given by the As is ., .rnev. Jack Hane CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the December 13, 1977 Council Meeting minutes and asked the Council's pleasure in adopting them. Councilman Corley moved to adopt the minutesas written and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. CONSIDER HISD'S REQUEST TO BE EXEMPT FROM BUILDING CODE FEES REQUIREMENT Mayor Waller indicated since Mr. Mance Park, Superintendent of the HISD was present,he would move to item 8a of the Agenda regarding his request. Mayor Waller noted that HISD's contractor did not realize the new school site was inside the City limits, therefore, the building permit fee was not built into the contractor's bid, nor did HISD include this in their bid specifications; therefore, he said the contractor is now asking HISD to pay the building permit fee. Mr. Mance Park is requesting the Council's consideration to waive the fee require ment. Councilman Amick stated that since the cost of the permit was not included in the contractor's bid, he would make the motion that HISD be exempt from paying the building permit fee, and that the City Inspector inspect the project through its construction as though the fee were paid. Councilman Amick further moved that a study be made of TDC and SHSU to see if the City can collect permits from them when they have something under construction. Councilman Amick indicated his motion was a one-time only motion and that any future building undertaken by HISD would be subject to the regular procedures and permit fee. He indicated he made the motion only because HISD did not include this in the specifications and subsequently it was not included in the contractor's bid. Council- man Corley seconded the motion. Mayor Waller then asked for some discussion. Councilman Dickens questioned the City's liability to a projec of this nature. He asked'the Assistant City Attorney, Jack Haney, to clarify the question of liability. Mr. Haney indicated it was his opinion that an affidavit, as required in the Building Code, from the architect or engineer, would not relieve the City of liability or its negligence in advance. Councilman exemption would two reasons, he Dickens indicated he also had a reservation about the fact that the City has a policy and this set a precedent that would have to be dealt with time and time again. He indicated for these would vote against the motion. Mayor Waller agreed it was not a good precedent for the City to grant an exemption of this type. He said the cost of a building permit is as much the cost of the construction project as anything else, such as labor, materials, plans, and specifications. He said it would not be fair to the City taxpayers to provide a City Inspector for this job without being paid for it. Mr. Park indicated HISD was not "begging," just caught in a jam and asking for help. He said that if the HISD paid for the permit, they would expect competent inspectors, such as an electrical engineer, structural engineer, and AIA architect. Alternate 3--Li•htin. The lone bidder on this alternate is: Glo Construction Company @ $ 14,598.55 Mr. Rachunek said if the City accepts the low bid of Pitt Construction Company, along with Alternate No. 1, it amounts to $293,435, plus the $14,598.55 from Glo for lighting, the low bid then totals $308,033.55. Mr. Rachunek indicated Pitt Construction Company is a very reputable company and he recommended them highly and encouraged the Council to accept their low bid. Mr. Rachunek further stated that the City has been offered the maximum grant of $200,000 from the Federal Aviation Administration, which is a 90 percent grant with a 10 percent participation from the City, for a total project of $222,000. He said adding engineering and contingencies to the low bid, we come up with approximately a $368,000 project. (A breakdown of these expenses is asfollows:. engineering: $35,000; Environmental Assessment --1/2 already paid for in Phase II: $5,000; density testing and contingencies: $20,000. Density testing costs will vary considerably depending on which alternate is selected.) Mr. Rachunek presented some alternatives: 1. Discuss again with FAA a grant increase. He said they are out of money, however, this can be explored further. 2. He visited with the Texas Aeronautics Commission and they will participate on. a 50-50 basis, but here again, he said, they do not see any money until April, as they have allocated all of their funds.. Mr. Rachunek said the City can hold the bids for 90 days without taking action on;them. He said he recommends trying to come up with the funds for the base bid, alternate no. 1, and the lighting. If the City cannot find these funds, then the scope of the project can be cutback and a portion of the apron work can be deleted. Mayor Waller said the City would like to leave the bid open for almost the full 90 days so that it can work on the possibility of a grant increase; and then move on after that if it isnot possible. He suggested taking the $200,000, plus the City's equity factor in it, and do as much as it can with. it. The Council agreed to hold the bids until more discussions could transpire on -obtaining a grant increase.. Jim McAlister said work is already underway on the fixed assets study by Mr. Bill Widner of Marshall Stevens and Company, as approved by the Council. He said they have given the City an estimate of $5,500 to complete this study. Van VanDever, Director of Finance, said Mr. Widner should have his field work completed by week's end. Jim McAlister indicated the field work by Hereford -Lynch is completed and a finished report is expected no later than the end of January, 1978. Mayor Waller then called for a vote on the motion before the Council. Those in FAVOR of Mr. Amick's motion to exempt HISD were: John Amick and Larry Corley. Those OPPOSED to the motion were: E. Larry Dickens, Goree McGlothen, Wayne Daigle, William Hodges, and Jack Parker. The motion to exempt HISD from the building permit fee requirement was, therefore, defeated. CONSIDER 20TH STREET UTILITY RELOCATION FUNDING Jim McAlister, City Manager, indicated the City Council, in their December 13 meeting, authorized the relocation of utilities to facilitate the contractor on this project. He indicated the Council now needs to authorize the transfer of $2,073.73 to fund this expenditure. Councilman Corley moved to authorize these funds and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller asked the City Administration to study Avenue F from Emancipation Park to the Industrial Foundation's property as it relates to the right-of-way width of a one block area. Mr. McAlister indicated the staff would pursue this request. CONSIDER THE TOURIST BUREAU'S BUDGET FOR 1978 Jim McAlister indicated the Council had a question on the Tourist Bureau's budget for 1978 as it related to $1,100 for accounting fees. He indicated it has been clarified that this amount was for an audit and general accounting fees. The budget of $69,950 for 1978 was then moved for adoption by Councilman Amick and seconded by Councilman Dickens. All were in favor and the motion passed unanimously. (See minutes of December 13, 1967 for more complete presentation of this budget.) Anthony Rachunek Base Bid --Mr. Rachunek fencing, and some CONSIDER BIDS FOR PHASE III AIRPORT IMPROVEMENTS of O'Malley and Clay Engineers presented the bids to the Council, as follows: said the base bid includes lime treatment of subgrade, base material, prime seed. He said the low bidder is: Pitt Construction Company @ $256,900 indicated the 65th Texas Legislature enacted in the Education Code, provisions by which an authority can be formed to purchase guaranteed student loans from banks in the authority's region. He said they are a bonding agency, not a taxing agency., He said this is an attempt to stimulate student loan programs in a,community or in a several county area as it relates to individuals whose salaries are between $10,000 and $25,000 per annum, whose children would not qualify for any of the grants or federal programs and other student loan programs because of that income. level. He said an authority of this type exists in the South Texas region and is part of the "Co -Step" Program. Mr. Parker said banks are a bit reluctant to loan money at 7 percent that will not,rep:ay: until after graduation. The authority, he said, by.the bonding aspect of it, can make the bonds exempt through authorization of the City. Mr. Parker asked the permission of the City to visit with the City Attorney 1 - regarding various documents and papers in his possession and the legalities involved so that a proper discussion in a work session can ensue. He .said the City would_only be involved as far as authorizing the authority and, each of the counties in which, the authority would operate would have to grant their approval also. The Council expressed their support of this request. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 17TH DAY OF JANUARY, 1978, IN THE CITY HALL COUNCIL CHAMBERS, CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS, AT 7:00 P.M, meeting with the following members Morris I. Waller, Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack C. Parker The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman E. Larry Dickens. CONSIDER THE MINUTES OF THE LAST MEETING The Mayor then presented the minutes of the meeting of December 20, 1977, to the Council and asked for their consideration of them. Councilman Corley moved to adopt the minutes as written and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. REX ISHAM, CHAIRMAN OF ELKINS LAKE MUD, TO ADDRESS THE COUNCIL dollars has risen; GSU will need to borrow millions to get capital to build facilities; and that each new customer added increases the cost of electricity to present customers. He said the 24 million dollars GSU is asking for will be spent as follows: 6 million dollars will go to increase or improve the return on equity, and 18 million dollars is to finance the capital for construction. He then asked the Council's 'consideration of this rate increase petition. Mayor Waller indicated that if the City referred this rate increase request to the Public Utilities Commission (PUC), some problems could develop which would perhaps prevent an overall, unified rate increase. He said if there is a rate increase, the people throughout the district should bear whatever percentage rate increase relates to all of us; and that it should all go into effect at the same time. He said the people of Texas have paid $5 million into the PUC for its operation, and the PUC has 150-160 employees who are highly skilled for a rate analysis. He said although they are created to take the burden off of cities like ours that do not have the expertise, etc., he said, there is a sequence of events necessary to accomplish a uniform rate increase. He then presented a time table and suggested the Council follow it as it governs rate proceedings. He said the Council needs to take action today to suspend the rates for 90 days past January 25 and set a date for a hearing in the rate case which may be extended for up to 150 days. He said during this time, the PUC will be hearing the rate request and make a determination and after that is done, the rate strucLure will be generally stabilized for all GSU customers in Texas. Mr. Sprawles indicated this is the correct procedure. He said the pre -hearing conference held by the PUC was held this morning in Austin. He said they set GSU's case to begin on April 5, 1978. He said. unless the City suspends the proposed rates, they will go into effect on or about February 3, 1978. He said the new rates are designed to reward the conservative user. He said an "average" for Texas customers, with the new rate, is as follows: Dr. Rex Isham then addressed the Council regarding the contract for the design phase of the lift station project. Dr. Isham cited the many delays on the contract and the continuing overflowing problem of the sewer system at these lift stations. He asked the Council to pursue the -completion of the project as s as possible. (Dr.'Isham's prepared statement is on file in City Hall.) Mayor Waller reviewed the development of the South Huntsville Sewer Plant Project from its outset. He indicated the overflows were corrected with the last expansion of the lift station pumps, etc. He said over- flows since that time were not created because of an overload, but rather because of pump power failure. He said there is no overflow at Elkins Lake caused by undercapacity of the system. He agreed that the contract for the design phase of the lift stations, with Davidson Engineering, has been slow and not to the City's satis- faction. Mayor Waller said the City plans to do something about this contract immediately, and he once again pledged ELMUD the City's good faith in seeing that this contract is completed immediately. Dr. Isham expressed ELMUD's appreciation of the City's renewed interest in expediting the contract. PRESENTATION OF THE CIVIC CENTER STUDY COMMISSION'S REPORT He said in summer, a 5,000 kilowatt user's bill will go up 18 percent under the new rate structure. He said, however, that averages are very misleading as they take all Texas customers to compute this average. He said probably none of the Council would be an average customer based on this computation. 'Mr. Sprawles said Austin's rate is somewhere around 6 cents per kilowatt hour, approximately; and that New York City's residential rate is between 10-12 cents per kilowatt hour. Councilman Dickens moved to suspend the proposed rates for 90 days past January 25, 1978, pending a hearing and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller indicated the City would proceed to set a date for the rate hearing. Mayor Waller then called upon the Co-Chairpeople of this Commission, Mr. Paul Mitchell and Mrs. Jane Monday, to present their findings. Paul Mitchell indicated the findings were rather inconclusive and he did not feel the data presented would allow for definite action by the Council. He said the Council would have to decide from among several possible items. He recommended further investigation and work on the study. He re- viewed the salient features of the report and surmised that the sample of public opinion was negative to building a facility that would raise the taxes. He said the results were not all negative as to the expression of need for the facility. He said the Chamber of Commerce and several businesses in town feel their efforts are thwarted by the lack of a civic center; as well as severalrecreational groups feeling their efforts are thwarted by the lack of recreational facilities for indoor organized activities. Mr. Mitchell felt the Council should educate the general public as to what facilities are available for use and how they can be acquired, as stated in a policy statement from SHSU which is included in the report. Mr. Mitchell thanked all those who contributed assistance to the report preparation. Mr. Mitchell felt the general public needed to be educated as to what a civic center can do for them. Jane Monday called the Council's attention to the summary pages. First, Mrs. Monday indicated that after reviewing the facilities that are now available in Huntsville, the Commission found that any individual facility or combination thereof is inadequate to fill Huntsville's needs. Secondly, she said the survey proved that no totally tax -based proposal would be feasible. She felt the question on the questionnaire asking if a tax -based facility would be supported was not a fair question and that it should have been worded so as to give people a range of tax increase that they could have chosen. Thirdly, the civic clubs and organizations would support and would find beneficial a combination civic and recreational facility; however, their answers as to usage of this facility fell on the low side. Fourth, she said, it was found there is a definite docu- mented need for baseball fields, soccer fields, basketball courts and lighted tennis courts. She said the Commission has done the groundwork and they are now looking to the Council for some sort of action, direction, solution to the needs. Mayor Waller expressed the Council's deep appreciation to the Commission and Mrs. Monday and Mr. Mitchell. He indicated the Council would be reviewing in detail the report in its next worksession in hopes of finalizing the bond issue proposal. CONSIDER APPOINTMENT OF SAUNDRA DUNCAN AS ASSISTANT CITY JUDGE Mayor Waller indicated it is the recommendation of the City Administration to appoint Saundra Duncan, the City's Court Administrator, to the position of Assistant Municipal Judge for the City of Huntsville, as is provided for in Section 10.02 of the City's Charter. This appointment allows Mrs. Duncan to act for the Judge in the event the Judge is unable to serve for any reason (out of town, sickness, etc.).. Mr. McAlister, City Manager, indicated Mrs. Duncan has performed the duties of the job admirably and is fully qualified to serve in this capacity. Councilman Larry Corley moved to appoint Saundra Duncan as Assistant Municipal Judge and Councilman E. Larry Dickens seconded the motion. All were in favor of this motion and it carried unanimously. CONSIDER APPROVAL OF CONTINGENCY FUNDS FOR THE INSTALLATION OF UTILITY CASINGS UNDER LOOP 405 Mr. McAlister indicated the Texas Department of Highways and Public Transportation has recently awarded a contract for the construction of two lanes of Loop 405 from Highway 75 to I-45. The Loop 405 right- of-way, he said, crosses a minor creek (watershed 55 plus acres) which is not serviceable by either of the South Huntsville lines 3-A or 2B2. He said the installation of a casing across the Loop would allow any future development in the watershed to be serviced by gravity flow sewer. He said the approximate cost of the casing installation is: 150 LF 16 gage 18 inch CMP 8.00 LF $1,200.00 4 EA coupling bands 8.00 EA $ 32.00 TOTAL $1,232.00 He noted budgeted labor and equipment costs for two and one-half days would amount to $500.00. He then asked the Council for their authorization to transfer from the utility contingency fund the amount of $1,232.00 to fund the project. Councilman Jack Parker moved to authorize the transfer of $1,232.00 from the utility con- tingency fund according to the memorandum from John Joerns of December 20, 1977. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. AUBREY SPRAWLES OF GSU TO PRESENT REQUESTED RATE HIKE INFORMATION Mr. Sprawles, the Manager of the Western Division of GSU, indicated GSU is requesting a revenue increase of 13-1/2 percent, and that this rate increase was filed with the City on December 30, 1977, as well as with the Public Utilities Commission in Austin and other cities and municipalities in Texas that they serve. He said the reason for the request is to make capital expenditures in order to continue to have dependable electrical service for the home, business, industry and public institutions. He said GSU must convert present generating facilities, like the plant between here and Conroe, which uses natural gas for boiler fuel, to some other type of fuel, probably oil, prior to 1985. He said manufactured gas is a possibility but not a practical solution at the moment. He said the Texas Railroad Commission has ordered that the use of natural gas to fire boilers in generating plants be curtailed by 1985, seven years from now. Mr. Sprawles indicated the cost of borrowing CONSIDER BIDS ON PURCHASE OF AMBULANCE FOR THE EMERGENCY MEDICAL SERVICE Mr. Jim McAlister presented the recommendation from Dan Brown, dated January 6, to accept the bid of Modulance of Dallas for the ambulance in the amount of $27,351, as being the best, most responsible bid. He said according to Mr. Brown, the other two units (Amliner of Dothan Alabama, $24,656; and Roadsafe of Tennessee, $25,351), did not meet specifications. He said a total of $36,096 is in the amortization fund, and will be sufficient for the purchase. He then recommended that the Council award the bid to Modulance of Dallas in the amount of $27,351. Councilman Corley moved to award the bid to Modulance as recommended and Councilman Dickens secor the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS FOR THE ACQUISITION OF FOUR POLICE CARS Mr. McAlister reported that on January 11, 1978, bids were opened for the purchase of four police cars, as follows: 4 @ $5,838.92, or 4 @ $5,459.00, or 4 @ $6,280.15, or 4 @ $5,499.13, or Mr. McAlister indicated after a thorough research of the performance of the smaller size vehicle, it is the recommendation of the Purchasing Division that the bid submitted by McMahon Chevrolet, Inc. for the 1978 Nova be accepted as the best and most responsible bid. He said this recommendation is based on the life cycle cost analysis (also submitted in writing to the Council). He indicated $25,600 has been budgeted for this purchase. After --a study -of .01a -detailed -analyses pre-s-ented and _ _ samr :Councilman Corley moor -ed to award the bid to Moore -Henry Motors of Huntsville for four LTD's for a total bid cost of $23,355.68, con- trary to the recommendation of the Purchasing Division. Councilman Parker seconded the motion. Those OPPOSING the motion were: Councilmen Dickens, Hodges and Daigle. Those FAVORING the motion were: Councilmen Corley, Parker, McGlothen and Councilwoman King. The vote being 4-3, the motion therefore passed. Note that Councilman Amick was absent. AN ORDINANCE AMENDING SECTION 17-36, ARTICLE III, CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY REVISING THE LANGUAGE IN SUB- PARAGRAPH (1) AND DELETING THE LANGUAGE OF SUBPARAGRAPH (4) OF SAID SECTION 17-36, SO AS TO REMOVE THE LIMITATION ON REIMBURSEMENT FOR SEWER AND WATER LINE EXTENSIONS OUTSIDE THE CITY LIMITS OF THE CITY OF HUNTSVILLE AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Haney indicated this ordinance shall be effective from and after its passage. He saia the aection l� is amended so that hereafter Subparagraph (1) shall read as follows: (1) The provisions of Section 17-33 shall apply to sewer and water line extensions outside the City limits. Councilman Dickens moved to adopt Ordinance No. 78-1 and Councilman Daigle seconded the motion. All were in favor and the motion passed unanimously. NOTE: Under the Mayor's section of this meeting, the Council was asked to again "rethink" the motion made earlier, to consider the purchase of an intermediate vs. a full-size car. Mayor Waller indicated the operating cost for the intermediate car would be somewhat less than for a full-size car. He said most police departments around the country are going to the intermediate size car. He said the day of the chase is about over. He asked the Council if they felt the City would prefer the LTD II over the LTD. Chief Burch indicated the police officers are quite satisfied with the intermediate size car and that the compact car is really too small for transporting prisoners, drunks, etc. After further discussion of the two sizes of cars, Mayor Waller recommended to the Council to purchase the LTD II rather than the LTD. Councilman Parker then moved to nullify the previous motion for the purchase of the LTD's and further moved to accept, instead, the bid for four LTD II's. Councilman Daigle seconded the motion. All were in favor of the motion except Councilman Corley, who voiced that he was OPPOSED to the motion. The motion, however, passed. The new motion was therefore for the purchase of four LTD II model police cars at $5,459.00 each for a total bid award to Moore Henry Motors of Huntsville of $21,836.00. CONSIDER AUTHORIZATION OF CONSTRUCTION FOR DRAINAGE FACILITIES AT 20TH STREET AND AVENUE H Mr. McAlister indicated Gene Pipes, Director of Public Services (Parks and Recreation) has prepared a memorandum concerning parks and recreation needs for consideration in drafting the bond program. Mayor Waller indicated the Council would study these suggestions in detail in its forthcoming worksession when it will finalize the propositions for the bond issue. Mayor Waller then appointed William Hodges to the Tourist Council as the City Council's representative, subject to the consent of the Council; and he appointed Dan Leasure as a member from the community -at -large. He asked for the Council's approval of his appointments. Councilman Parker moved to ratify the appointments of Mayor Waller and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Jim McAlister, City Manager, indicated Mr. Curtis Morris, Director of Facilities Planning of Sam Houston State University, has approached the City requesting assistance in eliminating a drainage problem at the intersection of Avenue H and 20th Street. He said in order to relieve (reduce) the flooding problem, a 30 inch culvert should be installed and tied into the existing 48 inch diameter steel culvert on the Don Sanders property which would require an easement from Mr. Sanders. He said the approximate cost of this installation would be $3,750. He said the cost is based strictly on office information and a closer look at the surrounding drainage area is recommended before any firm construction plans are made. He indicated the work done would be on force account labor. Councilman Larry Corley moved to authorize the construction of drainage improvements at 20th Street and Avenue H and that the funds required be taken from general fund contingency. Councilman Daigle seconded the motion. All were in favor and the motion passed unanimously. CONSIDER PRIORITY LISTING OF TWO -COURSE PENETRATION PAVING PROGRAM FOR 1978 Woods Addition Drainage Ditch thanked the City staff for the final completion of the Woods Addition Drainage Project, on behalf of himself and all the residents in that area. He also expressed his thanks to TDC and a special thank you to Boyd Wilder, Director of Public Utilities for his additional work on the project. Jim McAlister, City Manager, indicated Council action is needed as soon as possible on the priority listing of the paving program. He indicated $75,000 is available for the street paving program this fiscal After some discussion, the Council presented the v, as follows: 1. Cline Street from Old Houston Road to Hayman 2. Shady Lane off Highway 19 3. 14th Street from Avenue G to Avenue E 4. Avenue C from 9th Street to Highway 19 5. 16th Street from Sycamore to end of street 6. Crooks Drive from llth Street to end 7. 7th Street from Avenue G to Avenue F 8. Avenue D from 9th Street to Highway 19 9. Crawford from Montgomery Road to end 10. Avenue F from 1st Street to 3rd Street 11. Avenue E from 2nd Street to end 12. Avenue 0 from 10th Street north to end 13. North Sam Houston from Thomason to University 14. College Farm Road from Josey to the Agriculture Complex Councilman Parker moved to adopt the above priority listing for street paving for 1978 woman King seconded the motion. All were in favor of the motion and it passed unanimously. Mr. indicated the City can usually only pave 3 miles of street during the summer session, along with and other activities. He indicated this listing of 14 would give them plenty to do this summer. Dedication Ceremonies --"We Plant a Tree" Gene Pipes, Director of Public Services, invited the Council to a dedication ceremony on the Court House grounds at 4:00 P.M. on Sunday, January 22, 1978. He indicated the Huntsville Garden Club would be planting a tree on the Court House lawn in observance of Arbor Day, sponsored by the Beautification Committee of the Huntsville Garden Club, Mrs. Lucille Lytle, Presiding. He indicated the speaker for the occasion would be Mr. Reagan Brown, Commissioner of Agriculture. He indicated it is also Lyndon Johnson's birthday and the tree comes from his stock of trees on his ranch. He indicated it would be a live oak tree. Mayor Waller advised the Council that at the next worksession of the Council, Mr. Glenn Isbell of Davidson Engineering would be asked to come to the meeting to offer an update on the Elkins Lake Lift Station Project. '� and Council - Jim Hudgens the sealcoat BUSINESS OF THE CITY ATTORNEY --JACK HANEY, ASSISTANT Ordinance Amending Utility Reimbursement Regulations Outside City Jack Haney, Assistant City Attorney, then presented Ordinance No. 78-1, the caption of which reads as follows: MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 31ST DAY OF JANUARY, A. D. 1978, IN THE CITY HALL COUNCIL CHAMBERS LOCATED IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS. Mayor Waller told TRA representative, Dennis Baker, that the City would be sending the surface water back to them into Lake Livingston with a BOD count better than the City was receiving. Mr. Baker said if TRA could get it for a BOD count of 5.5 or better, it would consider buying it back. Mr. Fix told Mr. Baker the City's discharged water would have a BOD of 4.6. Morris Ii. Waller John Amick Larry Corley Wayne Daigle E. Larry Dickens Bill Hodges Delora King Goree McGlothen Jack Parker CONSIDER CONTRACT WITH TRA FOR NORTH HUNTSVILLE SEWER PLANT Jim McAlister presented a prepared overview of the salient contract provisions for the Council's in- formation. He indicated each of the Council has a copy of the contract along with his written overview. He asked if any of them had any questions. Councilman Parker asked if the Assistant City Attorney, Mr. Jack Haney, had any question about the contract. Mr. Haney indicated he had, and these questions have been resolved through certain changes in the contract. Mayor Waller felt the Council was now ready to act on the sewer contract as it had been reviewed in detail in the last worksession. Mr. Haney then read the Ordinance, as follows: The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman Bill Hodges. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the meeting of January 17, 1978, to the Council and asked for their consideration of same. Councilwoman King moved to accept the minutes as written and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. WISENBAKER, FIX AND ASSOCIATES TO DISCUSS FINAL PLANS AND SPECIFICATIONS FOR THE NORTH HUNTSVILLE SEWER PLANT Mayor Waller then introduced Ronnie Fix of Wisenbaker, Fix and Associates of Tyler. Mr. Fix then pre- sented the plans and specifications. He indicated the outfall line (Contract 1105A) includes sewer line eligible for grant under PL92500 (25,700 feet of sewer line, 24 inch part of the way and 30 inch the remainder) to the new sewer plant --line to begin at the existing North Huntsville Sewage Treatment Plant. Mr. Fix summarized the plans and specifications for the outfall lines and the sewer plant. He said the new plant would be a secondary treatment plant (settle solids out and perform treatment through activated sludge before release into the creek). He said typically, the final effluent from a secondary plant has a BOD requirement of 20. He said the South Huntsville Plant has a BOD of between 5 and 10, and sometimes less than 5. He said the design of this plant is such that it will put out tertiary quality water with BOD's of 5 or less (or we can safely say, somewhere between 5 and 11). Mr. Fix indicated 50 acres comprises the site of the new North Plant and the plant will consume about 20 of those acres presently. He said the old North Side plant presently treats a population equivalent of 28,300. He said the South Plant was designed for a population of 8,000 equivalent to be doubled to 16,000. The North Plant will be designed for 44,600 and space is available to double it. It was noted that the BOD count at the old North Plant at this time ranges from between 40 and 100. Mr. Fix said the minimum requirement for treatment at the present time in the State of Texas is 20. Anything in excess of 20, he said, is in violation of state laws. Mr. Fix told the Council that the "heat" would be off of the City on their "BOD violations" on the old North Plant as soon as the TDWR received the plans and specifi- cations on the new North Huntsville Sewer Plant. Whereas, it is necessary and advisable that the City enter into a Sewerage System Contract hereinafter authorized with Trinity River Authority of Texas. THREEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: Section 1. That the Mayor and City Secretary are authorized and directed, for and on behalf of the City, to date, sign, seal, and otherwise execute a Sewerage System Contract in substantially the form and substance attached hereto and made a hereof for all purposes. Section 2. That, upon execution, said Sewerage System Contract shall be binding upon the City for all purposes. Councilman E. Larry Dickens moved to adopt -the Ordinance as read by the Assistant City Attorney and Councilman John Amick seconded the motion. All were in favor of the motion and it passed unanimously. AUTHORIZE TRANSFER OF FUNDS FOR ELECTRICAL UTILITIES RELOCATION FOR 16TH STREET Jim McAlister, City Manager, indicated that when 16th Street was extended between Sycamore and Loop 405, the Texas Department of Highways and Public Transportation required the guy wires and stubs for the electric line in the right-of-way to be moved. To do this cost GSU $1,002.75. GSU is now seeking reimbursement for this expense, he said. Mr. McAlister indicated $8,307.37 remains in the General Fund contingency and that if this reimbursement is made, that will leave $7,304.62 remaining in the contingency fund as an unallocated balance. Councilman Parker moved to expend $1,002.75 from the General Fund Contingency to reimburse GSU for moving the guy wires for the 16th Street Project and Councilwoman King seconded the motion. All were in favor Mr. Fix said the cost of the outfall lines is $477,000 plus construction contingency of $33,000 for a total estimated construction cost for the sewer lines of $510,000. The Sewage Treatment Plant construction will cost $3,180,000 plus construction contingency of $320,000 for a total plant cost of $3,400,000. He said with fees and other contingencies, the total project, outfall lines and sewer plant, is $4,000,000. Mr. Fix noted that under present laws, interceptor lines are not included or eligible under the grant structure. The plant and the trunk line are the only eligible items, he said. Mr. Fix said that included in the cost of the sewer plant is an all-weather road to and from the plant, a standby generator, and potable water at the site. He said they have included an eight inch line from the(end of the existing water system out to the plant to be tied on a little south of the North Loop. He indicated these items are not optional, but EPA requirements. Ron Fix said he now needed the authorization of the Huntsville City Council through its acceptance of these plans and specifications., to. take itto the Texas Department of Water Resources and to authorize him to request a Step III grant application. He said TDWR will then review the plans and specifications and send the City a Step III application. He said completion of the application will take a week or two and permission will then be needed from the City Council to send that application to the Department of Water Resources. They, in turn, will have to process it like Step II. He said EPA will also have to certify the plans. Mayor Waller expressed the Council's desire to impress upon Wisenbaker, Fix and Associates the need to expedite the time requirements. CONSIDER VARIOUS FINANCIAL TRANSACTIONS FOR CITY Mr. Jim McAlister, City Manager, indicated the audit for the Fiscal Year 1976-1977 has been completed and the annual report will be printed by February 15, 1978. He said, the Council has requested that the General Fund Contingency be increased by the amount of its ending balance. He said the audit indicates that an addi- tional appropriation of $300,000 is a practical increase. This will bring the total contingency appropriation to $350,000, he said. McAlister said the Council also requested two other transactions: 1. Appropriate $165,000 from General Fund Contingency to fund the 20th Street Project. 2. Appropriate $5,000 from Revenue Sharing Contingency for the park in Forest Hills. He said after the $300,000 is appropriated to the General Fund Contingency, both the General Fund and Revenue Sharing Fund contingencies will have sufficient funds to accommodate these two transactions. Councilman Parker recommended leaving $100,000 in the fund balance as..if it is all moved fund contingency, it has a way of finding its way into various projects. He felt it would be wise this amount and carry it into the next fiscal year as the City may not be as fortunate this fiscal was in 1977. Mayor agreed this would be a wise move. Councilman Parker then moved that the General Fund Contingency be increased by $200,000 from existing fund balance of the jeneral fund. Councilwoman King seconded the motion. The motion passed unanimously. Boyd Wilder indicated he has thoroughly reviewed the plans and, although he found areas needing small modifications, he found the plans, in general, to be acceptable, for purposes of expediting the project. He said the minor changes could be addendums to the plans at some time in the future. Councilman Parker then moved to accept the plans and specifications and ,to authorize Wisenbaker, Fix and Associates to send them to the Texas Department of Water Resources for their review. The motion was seconded) by Councilman Parker. Motion passed unanimously. Councilman Dickens then moved to accept the plans and specifications for the outfall lines and to authorize Wisenbaker, Fix ancf Associates to send them to the Texas Department of Water Resources for review and to authorize the process of the Step III grant application: Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Mr. Fix said they would provide an update in the next ten days on the cost of the lateral lines. He said they were re -estimating the cost, by line.' into general to hold back year as it Councilman Parker then moved to appropriate from General Fund Contingency $165,000 to fund the 20th Street project. Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. Councilman Parker moved to appropriate $5,000 from Revenue Sharing Contingency funds for the develop- ment of a residential park in Forest Hills. Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. A. E. VanDever, Director of Finance, indicated the Revenue Sharing Contingency Fund, before the $5,000 was appropriated,. totaled $51,785, and is now $46,785. CONSIDER RESOLUTION ENDORSING'ACQUISIT.ION OF CETA GRANT FUNDS Mr. McAlister indicated the Sanitation Department is soliciting approval to apply for funds under Title VI of the Comprehensive Employment Training Act. He said the proposed project will employ six persons who meet the eligibility requirements as established by the act, from March 1, 1978 through September 30, 1978..,. He said all wages, benefits, supplies and tools will be funded through the grant. He said the funding would be for a seven month reclamation program of unfillable and filled land at _ the landfill. He said the crew will begin clearing, leveling, and landscaping operations in nonfillable areas and progress into filled areas, leveling and landscaping as space becomes available. He said initially, the majority of the work will be done by hand since the unfilled areas are covered by underbrush. As work progresses the crew will move into previously filled areas, he said, which will be more easily accessible by motorized vehicles. Mr. Gene Pipes, Director of Public Services, indicated Huntsville has been termed the "Model" landfill for the Region by the Regional Health Department. He said he hopes to maintain this title and also to improve the site for whatever its final disposition may be (pasture, recreation, etc.). He said these costs for this particular project would amount to $30,000 and would be completely covered by the grant. Councilman Dickens moved to accept Resolution No. 78-1 authorizing the City of Huntsville to submit an application for funding of Public Service Employment Projects. Councilman McGlothen seconded the motion. All were in favor and the motion gassed unanimously. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF FEBRUARY, 1978, IN THE CITY HALL COUNCIL CHAMBERS, IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS, AT 7:00 P.M. with the following members Larry Corley Wayne Daigle Bill Hodges Delora King Goree McGlothen Jack C. Parker The Council meeting was called to order by the Honorable Morris I. Waller and he then gave the invocation. Mayor Waller indicated it is the consensus of the Council to proceed with the bond issue for $1.4 million for water (trunk) lines around theperiphery of the city limits; $600,000 for street improvements; and $400,000 for park facilities. He said Mr. Haney, the Assistant City Attorney, is looking into requirements of acquiring permission to hold the bond election in compliance with the Voting Rights Act. Mr.Haney indicated the city would need preclearance from the Justice Department on the use of a bilingual bond election ballot before the election, or face possible criminal penalties. He suggested the Mayor write a letter to the Justice Department immediately to advise them of the election along with a tentative date for the election. He said then if no word is received from the Justice Department in 60 days, we may proceed with the election as the Council desires. Mayor Waller indicated he would be pleased to write the letter. He said due to inflation it is best to move in a timely manner on these improvement projects. Dr. Dickens suggested perhaps a tentative date should be selected now for the election. Councilman Parker noted the 60 day waiting period. Mayor Waller indicated that 60 day period can be shortened with certain actions which requests such expedition. He then discussed with the Council a date. Councilman Parker suggested March 14 and asked the City Attorney, Mr. Haney, if this date would give sufficient time. Mr. Haney said it would take more time than that unless someone knew Attorney General Bell. Mayor Waller then suggested having the election on Tuesday, March 7, and he asked the Council for their approval. The Council agreed it would be acceptable to them. Jim McAlister indicated he would feel pressed with this date to get out the educational information, however, if the Counciliishes that date, he would "gear Mayor Waller then asked if there was a motion from the Council. Councilwoman King moved to direct the City Attorney to draw up an ordinance calling the bond election for March 7, 1978, for improvements to the water system, streets, and arks, as follows: $1.4 million for Waterworks System Revenue Bonds; $600,000 for Street Improvement General Obligation (Tax) Bonds; and $400;000 for Parks Iprovement General Obligation (Tax) Bonds. The motion having been made, Councilman Daigle seconded it. All of the Council were in favor and the Mayor Waller indicated the people at the Texas Department of Water Resources advised him that funds would be available April 1 for the sewer plant, and they expect us to be under construction by the latter part of this summer. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting of January 31 to the Council for their consideration. Councilwoman King moved to adopt the minutes as written and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. CONSIDER UTILITY EXTENSION FOR ERMA D. LEE Mr. McAlister indicated Mrs. Erma Lee requested a water line extension to her property on Watkins Street. He said the length of the extension is 90 feet and the cost of the extension is approximately $180.00. He said under the Utility Extension Ordinance, the City;may, at Council discretion, participate in 50 percent of the cost of the first 300 feet of extension. He said in this case, one-half of the cost, or $90.00. He said he now needs authorization from the. Council for the City to participate in this extension in the amount of $90.00. Councilman McGlothen moved to authorize this participation in the amount of $90 and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. CONSIDER CHANGE ORDER #1 ON 20TH STREET PROJECT Mayor Waller asked Jim Hudgens to address this change order. Jim Hudgens indicated the change order de- leted two bid items, as directed by the Council, as follows: Salvaging and replacing top soil ($12,325) and broadcast seeding for erosion control ($1,020). An addition directed by the Council was to furnish and install 620 feet of four strand barbed wire fencing to include one aluminum gate ($1,042). Mr. Hudgens said the change order has the net effect of reducing the original contract amount by $12,303. Mr. Hudgens then asked the Council's consideration and approval of this change order. Jim Hudgens indicate the deleted bid item includeregarding nbroadcast contractseeding work, as erosion purchasescontrol seedwill inbthedone streetin-house departmentforce budgetaccount ra labor rather than Councilman Corley moved to accept Change Order #1 and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Councilwoman Delora King's Birthday The Council joined in singing "Happy Birthday" to Councilwoman King. With this note, Mrs. King said she'd pass. Rana Shields of the Huntsville Item introduced Terri Scott Bertling as a fellow Council Meeting reporter who would be working with Rana on Council news. Lee Ann Wakefield of SHSU's Channel 7 introduced Alan Mitchell, who would be covering the Council Meetings with her. AUTHORIZE GALBRAITH AND GREEN TO CONDUCT EMPLOYEE RETIREMENT BENEFIT STUDY Jim McAlister indicated Mr. Dick Hillyer of Galbraith and Green met informally with Councilmen Dickens, Hodges, himself and Mayor Waller two weeks ago to discuss the employee retirement benefit study. He said it was determined Mr. Hillyer could conduct an evaluation of the City's retirement, life insurance, and disability programs to insure maximum benefits at possibly reduced costs. He said those attending the meeting join with him in recommending the commissioning of Mr. Hillyer for this purpose. He indicated the study could be done at a cost of $1,500 and that these funds would come from the General Fund Contingency. Mayor Waller pointed out all of these studies were to be compared by Mr. Hillyer to the Social Security Programs. Councilman Hodges moved to authorize this study and the expenditure and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller indicated the Council had no recommended date for the rate hearing. He asked Assistant City Attorney, Jack Haney, to evaluate the proper time for this hearing and to advise the Council at their next meeting of his recommendation in this regard so that the Council might act accordingly. This being satisfactory with the Council it was then so directed to the attention of the Assistant City Attorney, Mr. Haney. th DeShaw, City 'Secretary January 31, 1978 Call the Bond Election --Resolution No. 78 -2 --for the date of March 7, 1978 Mayor Waller then presented the resolution calling the bond election, providing details relating to said election, and containing other provisions relating to said election. He indicated there would be four proposi- tions going to the voters., as follows: Proposition ;l: The issuance of $1,400,000 waterworks system revenue bonds (for outer water line around periphery of the City). DrnnncitiOn 2: The issuance of $600,000 street improvement general obligation (tax) bonds. The issuance of $400,000 parks improvement general obligation (tax) bonds. Authorizing the remaining $1,200,000 of previously authorized $1,300,000 sanitary sewer system (North Huntsville Sewer Plant) Revenue Bonds to also be used for the additional purpose of lateral sewer line. development. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 28TH DAY OF FEBRUARY, 1978, IN THE CITY HALL COUNCIL CHAMBERS, LOCATED IN HUNTSVILLE, WALKER COUNTY, TEXAS AT 7:00 P.M. Mayor Waller indicated Proposition 4 is required, as recommended by the attorneys, as a matter of clarifi- cation. He said the $1,300,000 was originally voted by the citizens to be used for the North Huntsville Sewer Plant. Now, he said,it becomes necessary to use the unexpended $1,200,000 still remaining from that 1974 issue for the lateral sewer line development, rather than for the North Huntsville Sewer Plant. This proposition is now going back to the voters so that they may reauthorize these funds remaining for the added purpose of the lateral sewer lines, which are still a part of the North Huntsville Sewer System, however, this specific, de- scriptive wording was not included in the 1974 bond issue language. Councilman Parker suggested making Proposition 4 the first proposition rather than the fourth. Mayor Wall indicated in taking this suggestion into account, the sequence of propositions would be evaluated as it relates to interrupting the timetable set up. Councilman Parker moved to adopt the Resolution (No. 78-2) calling the Bond Election for March 7, 1978 and Councilwoman King seconded.the motion. Councilmen Daigle and Corley moved to•abstain (which is recorded as a "no" vote). Councilmen Hodges and McGlothen voted in favor of the motion supported by Councilman Parker and Councilwoman King. The motion then passed. Call the City Officers' Election for April 1, 1978 --Resolution No. 78-3. Morris I. Waller, John Amick Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack C. Parker The meeting was called to order by the Honorable Morris I. Waller, Mayor, and the invocation was given by Goree McGlothen. Mayor Waller then presented Resolution No. 78-3 which would call the City Officers' Election for April 1, 1978. Mayor Waller indicated the election would be of the four council -at -large positions which are presently held by Larry Corley in Position 1; Bill Hodges in Position 2; E. Larry Dickens in Position 3; and John Amick in Position 4. CONSIDER THE MINUTES OF THE PREVIOUS MEETING The minutes for the previous meeting of February 14, 1978 were presented to the Council by Mayor Waller for approval. Councilman Corley moved to accept the minutes and Councilman Daigle seconded the motion. All were in favor of the motion and it passed unanimously. City Public Library City Fire Station #2 Emanicipation Park University Heights Baptist Church Ruth Lea, Presiding Judge Bob Biles, Presiding Judge Ethel Rikard, Presiding Judge Peggy Kroesche, Presiding Judge CONSIDER RESOLUTION NO. 78-4 HONORING HORNETS Mayor Waller then read Resolution No. 78-4 commending the efforts and achievements of the Huntsville High School Basketball Team, the "Huntsville Hornets." Present to receive the Resolution from the City were Coach Main and Captains Britton and Craft. Councilman Parker moved that the election of officers be so called for April 1, 1978 and seconded the motion. All were in favor and the motion carried unanimously. Mayor Waller indicated an executive session is needed to discuss legal and personnel matters. asked the Huntsville Item representative, Rana Shields, to assist the City Council in getting the election information to the voters. Mr. McAlister indicated he would be working with Rana on the educational materials to clarify the issues. CONSIDER REQUEST TO SOLICIT IN THE STREETS FROM ALPHA PHI OMEGA A representative of Alpha Phi Omega appeared to support the request. He indicated the request is to solicit funds for the Heart Association by collecting money from passing motorists at the intersection of Sam Houston Avenue and llth Street, in conjunction with the basketball bounce scheduled for the same day on the Courthouse square. Mayor Waller indicated that although the permission was granted to them for the same event last year, many problems arose because of that exception. He indicated there were many other organizations who would use street solicitation to raise funds if the Council allows such. He indicated the City had an ordinance prohibiting such solicitation for safety considerations. Councilman Dickens felt the ordinance was overly restrictive and he moved to grant the permit to Alpha Phi Omega. Councilman Parker seconded the motion. Councilman McGlothen voted in favor of the motion; however, Councilmembers Daigle, Hodges, Corley, King and Amick voted against the motion and it thereforefailed -- the permit to solicit in the streets for the Alpha Phi Omega was denied. Woods Addition Drainage Project commended Gene Pipes, Director of Public Services for the scale model display of needed parks improvements currently on display in the corridor. He indi- cated it was indeed a very professional looking presentation. seconded the commendations on the parks model made by Mr. Corley. Also asked Jim Hudgens to advise the Council of the appropriate time for grass sodding and/or seeding for the Woods Addition Drainage Project. asked why Councilmen Daigle and Corley abstained from voting on the Bond Election Resolution. Mr. Daigle indicated he just did not want to vote for a bond election at this time. Councilman Corley indicated this was his feeling also, and that he was not against calling a bond issue but is concerned about the date. The Council then took a ten minute recess before convening in Executive Session. CONSIDERATION OF AUTHORIZATION TO SOLICIT BIDS ON CRAWLER -LOADER AND OTHER EQUIPMENT Jim McAlister, City Manager, indicated during budget preparation for this fiscal year, the Street uivision budget contained requests to replace three pieces of equipment, as follows: 1. A 1948 Road Broom 2. An Asphalt Laydown Box (year unknown) 3. A 1965 Track Loader, Model 955 He said the first two items were to be funded from the $100,000 Revenue Sharing Street allocation. The third item, he said, was to be funded with Certificates of Obligation and that the current book price for a Model 955 is $70,000 and for a Model 977 (one step up from Model 955) is $103,000. McAlister noted that specifications are currently being prepared on these items and should be finalized in a week. He then requested the Council's authorization to advertise for bids to expedite acquisition. After some discussion, Mayor Waller felt that an item of major capital equipment such as the track loader, should first be discussed in a work session where the Council could analyze all of the details. The City Council proceeded to authorize the acquisition of bids on the remaining equipment requested, but delayed action on the track loader until after the next work session. REVIEW AUDIT OF THE TOURIST BUREAU FOR THE YEAR ENDING DECEMBER 31, 1977 Mayor Waller then presented the spiral bound audit of the Huntsville Tourist Bureau for the Council's information. Ruth'DeShaw, City Secretary February 14, 1978 Ordinance Amending the Pawnbroker's Ordinance, No. 78-2 Jack Haney, Assistant City Attorney, indicated this ordinance eliminates the requirement that the report to the Chief of Police be under oath, etc. He then read the caption of the ordinance as follows: ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY AMENDING CHAPTER 13-B OF THE PAWNBROKERS' ORDINANCE BY ELIMINATING FROM SECTION 4 WHE WORDS "AND UNDER OATH" AND ELIMINATING FROM SECTION 4 (a) THE WORDS "TIME AND PLACE, OF SUCH SALE" AND REPLACING SUCH LATTER WORDS WITH"DATE OF SALE." Gail Burch, Chief of Police, indicated he approved of this change. Councilman Dickens moved to adopt the ordinance as prepared and Councilman Hodges seconded the motion. were in favor and the motion passed unanimously. Consider Date for Gulf States Utilities' Rate Hearing After some discussion, and noting the timetable provided by GSU for taking action on their rate request, it was noted the deadline for initiating a hearing on same was March 5 (a Sunday). The Mayor then proceeded to designate March 3 (Friday) as the date for the hearing. He indicated written notice of the City's hearing would be sent to representatives of Gulf States Utilities. Councilman Dickens moved to designate March 3 as the date to initiate the hearing and Councilman seconded the motion. All were in favor and the motion passed unanimously. MINUTES OF THE CITY COUNCIL MEETING OF MARCH 7, 1978, HELD IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS. with the following members present: Morris I. Waller, John Amick Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack C. Parker Visit with Texas Department of Water Resources (formerly TWQB) Mayor Waller indicated on February 23, 1978, he visited with Bob Fleming, Grants Division, Sewer Department of TDWR, Lucky Graham and Bob Jones, in relation to the City of Huntsville's sewer application. He said the status of the application is that it is still in review. He said the funding for the Clean Water Act of 1977 has been approved and is now waiting for the President's signature. He said they are now hopeful that $4.5 billion dollars will be available under that Act by April 1, 1978. He said all of this is on schedule for us in our orderly development of the funding process. He said if all goes well, we should be under construction around September 1, 1978 on the North Huntsville Sewer Plant. He said 15 months are estimated for construction with the plant completed by December, 1979. Energy Development Conference: "New Challenges for Texas Communities" Mayor Waller indicated he attended this meeting in Tyler February 23 and 24, 1978. He said it related orderly development of Texas communities, power plants proposed for them, etc. He said it was a very fine seminar:` Executive Session Mayor Waller indicated the need for a brief executive session after the formal meeting. The meeting was called to order by the Honorable Morris I. Waller, Mayor. Councilman Jack C. Parker. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting to the Council for their consideration. Councilmember King moved to adopt the minutes with one typographical correction of the year mentioned in the Mayor's Report, from 9778 to 1978. Councilmember Hodges seconded the acceptance with correction motion. All were in favor and the motion passed unanimously. Ruth DeShaw, City Secretary February 28, 1978 CONSIDER BIDS FOR AIRPORT IMPROVEMENTS, PHASE III --ANTHONY RACHUNEK Anthony Rachunek, of the firm of O'Malley & Clay, Consulting Engineers, reminded the Council that on December 14, 1977, these bids were opened. He said at that time alternates were sought for the runway and apron paving, with either a double course surface treatment or a hotmix overlay. He said at the time we had a $200,000 grant offer from FAA and the bids were tabled at that time to await the possibility of additional funding from either FAA or the TAC. Mr. Rachunek indicated he and the Mayor went to these agencies to request additional funding; however, no funds were received. It is now the recommendation of the firm of O'Malley and Clay to award the contracts to Glo Construction Company and Pitt Construction Company for the amount of the grant offer and the City's 10 percent participation, which will be a total FAA grant of $200,000, City participation of $22,222 for a total project of $222,222. The Pitt Construction Company Contract would be $148,041.50 for paving of the 1300 foot runway extension with a double course surface treatment and the painting of the center stripe and numerals on the north end. Since funds are not available for the apron work, which was bid with this, that work has been cut from this portion of the contract. The Glo Construction Company Contract would be $14,598.55 for medium intensity runway lights on the 1300 foot extension and the VISA 4 unit on the north end. Mr. Rachunek said the remaining $59,581.95 would be for continSency:and,engineering fees. Mayor Waller indicated Mr. Ron Staley of FAA was cautiously optimistic about funds being available in October for completion of the final two inch asphalt coating of the entire runway and completion of. the apron and taxiway. He said Phase Three will give us a 5,000 foot runway, lighted, that will be quite an asset to the airport. Councilman Dickens moved to award the contracts to Pitt Construction Company and Glo Construction Company as indicated in the report from Anthony Rachunek and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION DESIGNATING THE CITY MANAGER AS SIGNATORY AGENT FOR Jim McAlister, City Manager, indicated he has actually been signing the documents being forwarded to EPA for some time now, however, EPA requested a Resolution from the City Council which officially designates the City Manager as the signatory agent for the City on EPA projects. Councilman Daigle moved to adopt Resolution No. 78-5 so designating the City Manager as signatory agent for the City on the EPA project and Councilman King seconded the motion. All were in favor of the motion except Councilman Dickens who opposed the motion (in jest). The motion therefore passed. ADMINISTRATIVE REPORT --Jim McAlister Certificate of Conformance in Financial Reporting Award Jim McAlister, the City Manager, advised the Council that the City of Huntsville has been awarded a Certifi- cate of Conformance in Financial Reporting from the Municipal Finance Officers of the United States and Canada for its annual financial report for the fiscal year ending September 30, 1976. He said the Certificate of Conformance is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by a governmental unit and its management. He said in order to receive this certificate, a governmental unit must publish a comprehensive annual financial report whose contents include its basic financial statements prepared in substantial conformance with generally accepted accounting principles and an appropriate letter of transmittal, and an extensive statistical section whose representations are organized into an efficiently communicative format. He said an award of Financial Reporting Achievement has also been awarded to the Internal Services Depart- ment. Mr. McAlister said there are 3,914 governmental units in Texas and only 41 of these units have qualified for this award. He said only 159 governmental entities in the United States hold the Certificate of Conformance; so, it is no small achievement for the City of Huntsville. Mr. McAlister then personally extended his commenda- tion to Mr. A. E. "Van" VanDever, Jr. and the entire staff of the Accounting Division. Mr. VanDever expressed his thanks to the entire Department, the auditors for their expertise provided to the City in technical areas, the Mayor and City Council and City Manager for their support of the financial scheme in Huntsville, and a special thanks to the Accounting Division for the work they have done. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF MARCH, 1978, IN THE CITY HALL COUNCIL CHAMBERS, LOCATED IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS AT 7:00 P.M. wished to publicly commend the Huntsville Hornets Basketball Team and staff for the limelight they brought to Huntsville in winning the State Championship. CANVAS THE RETURNS OF THE CITY BOND ELECTION with the following members Morris I. Waller, Mayor John Amick Larry Corley Wayne Daigle E. Larry Dickens Delora King Bill Hodges Goree McGlothen Jack Parker (tardy) The election returns having all been delivered to the Mayor by each of the four ward presiding judges, the Mayor then canvassed the returns. The results are as follows: There were cast at this election 1,486 votes, of which there were cast: The meeting was called to order by the Honorable Morris I. Waller, Mayor. Councilman Goree McGlothen. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the meeting of February 28 for the Council's approval. Council- man Corley moved to adopt the minutes as written'and Councilman Daigle seconded the motion. All were in favor and the motion passed unanimously. CONSIDER VARIOUS UTILITY EXTENSION REQUESTS Mr. McAlister indicated various requests have been received for the City's participation in utility ex- tensions as provided under the provisions of the ordinance. He indicated if the City agrees to participate in the following three requests, it will cost the City $4,467.27. The total number of voters casting ballots in each of the four wards is as follows: votes cast votes cast votes cast votes cast total votes cast in this election ORDER DECLARING RESULT OF CITY BOND ELECTION Mayor Waller presented the Order to the Council on which the final results were tabulated indicating the failure of all issues to pass. Councilmember Dickens moved to adopt the Order as the outcome of the election and Councilmember Parker seconded the motion. All were in favor and the motion to accept the election result order passed unanimously. Mark Myron --sewer (Intersection of I-45 FM 1374) J. B. Nelson --water and sewer (Birmingham Addition --2; lots Intersection of Avenue J and Thomason Street) Jerry Gatlin --sewer (A .21 acre tract north of Hungry Hobo on I-45 Feeder Road) Councilman Amick moved to participate in these e: All were in favor and the motion passed unanimously. Mayor Waller indicated to those present that the citizen voters of the City of Huntsville have expressed loud and clear that they do not wish the City to initiate capital improvements financed through increased taxes. CONSIDER ADJUSTMENTS TO THE TAX ROLL Jim McAlister indicated the Council needed to approve the recommended adjustments in the tax rolls as offered by the Tax-Assessor/Collector, Bob Smith, last week. The Council being familiar with the recommenda- tions, Councilman Corley then moved to acct the adjustments as presented and Councilwoman King seconded the motion. All were in favor of the motion and it passed unanimously. The Council then adjourned into a work session and then into an executive session. uth DeShaw, City Secretary March 7, 1978 REPRESENTATIVE OF A.P.O. FRATERNITY TO ADDRESS THE COUNCIL REGARDING SUGGESTIONS FOR A CIRCUS SITE Paul Abner, representing Alpha Phi Omega, a service fraternity from Sam Houston State University, asked the Council's consideration of a site for a circus they wished to sponsor in Huntsville. Mr. Abner said the circus is from Hugo, Oklahoma and is named "Carson and Barnes," and is one of the biggest circuses in this area. Mr. Abner indicated the fraternity would receive 25 percent of the ticket sales plus 10 percent of the children's tickets sold in pre -sale. The proceeds would be used to finance the fraternity's various projects in the community, as this was their money -raising event. He then requested the use of the City's property southeast of the Texaco Truck Stop along I-45. After much disucssion on the Council's part, it was generally felt the City would not want to set a prece- dent on usage of City properties for such events and that this land had no adequate parking facility. Mayor Waller suggested Mr. Abner consult with Councilman Amick, a Realtor, in an effort to find a suitable site for the circus from various landowners in the City. Mr. Abner agreed to do this in lieu of pursuing usage of City -owned lands, in an attempt to bring the Carson and Barnes Circus to Huntsville on April 19, 1978. BUSINESS OF THE CITY ATTORNEY --JACK HANEY ort on Entex Rate Request, as It Relates to City Ordinance Mr. Haney indicated that all adjustments of rates shall become effective only after 30 days prior to written notice to the City Council of the City of Huntsville, Texas, of the approximate amount of the pro- posed adjustments and such proposed adjustments shall not become effective if disapproved by the City Council during such 30 day period. Council must decide whether to act, or the request becomes effective automatically. If the City desires to deny the rate increase, it must take affirmative action at this time. Dr. Dickens made the motion to deny the cost of service increase indicating he did not want to be unfair or unreasonable to our public utilities, but he honestly felt that in the context of the bond election re- cently held, and pending water rate increases, now is the time to reject a utility increase. Dr. Dickens' motion, however, died for lack of a second. Chester Powell, Local Manager of Entex, indicated the cost of service increase requested amounts to .0281%/month, or less than 3 percent. He indicated this would be about 2 per day for the average customer. No action having been taken by the Council, the cost of service rate increase for Entex will become effec- Oath of Office to Bill Tubbleville, Municipal Judge, Effective March 20, 1978 Mayor Waller noted that the Municipal Judge, Edwin N. Bell, will retire from that position effective March 17, 1978 to devote more time to other matters. He then presented the name of B. C. "Bill" Tubbleville, Ret. Col., to the Council to fill this position. He then read a brief biodata history on Col. Tubbleville to the Council. Councilman Dickens moved to accept the appointment df Col. Tubbleville as Municipal Court Judge and Councilman Corley seconded the motion. All were in favor of the motion and it passed unanimously. Jack—H e-y—t n—admin•s Bred Lhe oath of office to Ret. Col. B. C. (Bill) Tubbleville as Municipal Judge for the City of Huntsville's Municipal Court Division. Mr. Tubbleville indicated he did not take the appoint- ment lightly nor the trust and responsibility given to him by the council. He indicated he had attended the seminars at the Criminal Justice Building for the Texas Court Clerks and Municipal Judges this past week. He indicated he felt that there was much to learn and that if he held the position for 20 years, he would still be learning. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING. HELD ON THE 28THDAY .OF MARCH, 1978 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 7:00.P.M. session with the following Morris I. Waller, John Amick Larry Corley - Wayne Daigle E. Larry Dickens Bill Hodges De.lora King Goree McGlothen The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman Larry Corley. Status of ELMUD Lift Station Project Mr. McAlister indicated, according to a previously determined schedule, that the City planned to advertise for bids on this project on March 15, 1978. He indicated Rex Isham, Chairman of the ELMUD Board of Directors, requested through its General Manager, Helen Webb, that -the City suspend the bidding process until its engineers, Turner, Collie and Braden, have an opportunity to review the plans and specifications. After this review, ELMUD will give the City the go ahead. Mr. McAlister indicated this is the status to date on—this project. Southwestern Bell Telephone Rate Increase Mr. McAlister indicated a communication from Doyle Rogers, Vice President .of Southwestern Bell, informed the City that it.has requested a rate increase which will represent a 16 percent increase in one party resi- dential rates from $5.25 to $6.10 per month; an increase in two party residential rates from $3.40 to $3.65 per month; and an increase for one party business rates from $11.25 to $13.05 per month. He indicated this is just for the Council's information and that Southwestern Bell had submitted this rate increase request to the Public Utilities Commission for approval on March 9, 1978. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the meeting of March 14, 1978. He asked- the Council for their formal consideration of the minutes as written. Councilwoman King moved to adopt the minutes as written and Councilman Hodges seconded the motion. All were in favor of the motion and it passed unanimously. CONSIDER BIDS AND PLACEMENT OF PARK EQUIPMENT The City Manager, Jim McAlister, indicated the placement of this equipment would be in 'the'Forest Hills Park and would consist of a climbing unit, stacked timber, and an arch climber. He indicated Paul Allen • Company was the only bidder to meet minimum specifications, however, this was the highest bid received. He said it was the recommendation of the Parks and Recreation Division to accept the Paul E. Allen Company bid due to material. construction standards for safety. Be said if this bid is accepted, the total price for this equipment is $4,713. It was noted the Council also discussed placing a swing set in this park,. Gene Pipes, Director of Public Services, indicated a swing set for four swings could -be purchased with the remainder of the budgeted funds, $287.00. The Council originally budgeted $5,000 for the equipment for the Forest Hills Park. Councilman Corley then moved to purchase, from the Paul E. Allen Company of Houston, the following items MAYOR'S REPORT --MORRIS I. WALLER Planning Commission Reappointments Mayor Waller indicated three terms on the Planning Commission have expired as of March 1, 1978. He indi- cated these terms are presently held by Jane Monday, Grady Manis, Jr., and Paul Mitchell. Mayor Waller indi- cated;all of._these=-members'-have been contacted and have agreed`to continue to serve in this capacity for a new six year term, which will expire March1, 1984. He then recomniended.to the Council the reappointment of these three members. Councilman Corley moved to accept the Mayor's recommendation and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. Candidates' Rally at B.P.W. Meeting Climbing Unit $2,103 Stacked Timber $1,814 Arch Climber . . . . . . . $ .796 4,713 and to use the remaining $287.00 to purchase a swing set. All were in favor and the motion passed unanimously. indicated he attended the candidates' rally at the local Business and Pro- fessional Women's Club on this date where he listened to the four non - incumbent candidates for Position 4 for Councilmember-at-Large speak on their ideas and opinions. He indicated it was a very good rally and he felt those present now know more about the candidates running for Council position. The four non -incumbent candidates are: Arthur L. Herzog, Dr. Murray Brown, Earl "Topper" Conner, III, and John Marshall, and the election is April 1, 1978. CONSIDER•BI'DS FOR PARKS CONCESSIONS. Jim McAlister, the City Manager, indicated bids were opened for concession rights for specific functions at City parks and recreation sites during the summer of 1978. As was the case last year, he said, the City received only one bid. Mr. Hamburger Concession Operations' bid, submitted by Richard L. Wilson, was for 10 percent of gross sales. The contract was let to Mr. Wilson last year with the same percentage. Mr. McAlister indicated the City received $246.49 for that operation during the summer of.1977. He said it is the recommendation of the Parks and Recreation Division and the Purchasing Division to award the bid to Richard L. Wilson for 10 percent of gross sales for the summer of 1978. Councilman Hodges moved to award the bid to Richard L. Wilson, dba Mr. Hamburger, and Councilman Amick seconded the motion. All were in favor and the motion passed unanimously. requested Jim Hudgens, Director of Community Development, to provide informa- tion regarding the seeding and/or sodding of the Woods Addition drainage ditch and the 20th Street project needs in this regard. He asked for the information for the next work session of the Council, on March 21. Mayor Waller asked the Council to remain for an executive session to discuss personnel. �eShaw, City Secretary March 14, 1978 CONSIDER BIDS FOR WATER TANK PAINTING AND REPAIR The City Manager indicated that on March 23, 1978, bids for the repair of the elevated water tank at the Walnut Street pumping station were opened. He presented a bid tabulation which reflected the totalsofthe' five bidders. He told the Council the low bid was submitted by Mid -South Tank and Utilities of West Monroe, Louisiana in the amounts of $25,030.71 base bid, and $19,743.21 alternate bid. The base bid being for labor, materials, etc., as per specifications, epoxy for repair, as per specifications. The alternate bid was to spot blast the exterior of the tank in lieu of commercial sandblast. Jim McAlister indicated $35,000 was budgeted for this project. He said the City has used Mid -South for previous work and has been quite satisfied with their performance. Jim Hudgens, Director of Community Development, explained the alternate bid to be spot sanding of the exterior of the tank as opposed to taking it down to gray metal all the way around. He said it is proposed to let the bid for the base bid of $25,030.71 and when the interior portion of the tank is completed and work is begun on the outside, a determination can be made as to whether it needs to be taken down to the gray metal, or merely spot blast it. He said there is the possibility of reducing the contract amount later on; however, at this point in time, it is, recommended to proceed as though the tank will be taken all the way down to the gray metal. Boyd Wilder, Director of Public Utilities, indicated the City has been renovating one tank per.year for the past four years. He said with the completion of this tank, the City will have a 500,000 gallon ground storage tank which will need renovation in 1979, located at the Spring Lake water plant. He said this tank has not been painted on the inside since 1948; the outside was painted in 1968. He said this particular tank • has several leaks in it which need repairing. Mr. Wilder indicated with the renovation water tank, the repair process will be over for several years. After some discussion, Councilman Corley moved fo accept the base bid Of Mid -South Company in the amount of $25,030.71 and Councilman. Dickens seconded the motion, All were in favor And the motioo.pusoodunanimously. Resignation of Jaines R. Hudgens, Director of Community Development Jim McAlister advised the Council said he had mixed feeliogsand regrets an understudy for the past four years Manager with the City of LaPorte. He do a superb job. he is in receipt of the letter of resignation rom m u ge s. very much his leaving, but on the hand, he said, Jim has been and he -Wants to try his; wiog� to,see �wbut-it is like to be a City offered Mr. Hudgens his best wishes and said he knew,he would CONSIDER AUTHORIZATION OF $1,000 FROM UTILITY FUND CONTINGENCY MAYOR'S REPORT Mayor Waller indicated the ready to take action on this authorization as further study. GENERAL FUND FOR AN ADDITIONAL FIREMAN AND EQUIPMENT Development Fund Participation Muyor it has been the practice in tbe past two years to participate in the SHSU Develop- ment Fund. recommended the City again allocate $4,000 from the Water and Sewer ContingencyFuou to ` the SHSU Development Fund for the advertisement of the City of Huntsville in conjunction with the development Mr. McAlister presented to the Council the need for a third full-time paid fire division employee to free up the Fire Marshal (Joe French) for full-time fire inspections, in an effort to curb the 9 percent increase in total fires over the last seven years. The City Manager indicated the cost of the third man for salary and benefits will be $5^510 and $752 for uniforms and training over the next 12 months. He said ifa luotoar is hired for the position, an udditionul. plectron and beeper Will not honee6od. However, if a new pe�sou ishired, another $550 will be required for the plectron and beeper. In addition, the following equipment is also needed, he said, for fire suppression: 1,000 feet of 5 inch Angus fire hose @ $5.70/£oot �6,7OO Adapter, 5 inches by 41/2 inches (1) Adapter, 5 inches by 5 inches (1) Y connectors, 21/2 inches by 11/2 inches Acron hose nozzles (2) Total for needed equipment �6,676 Total cost for personnel and supporting equipment Councilman Amick moved to allocate $4,000 to this fund from the Water and Sewer Contingency Fund and Councilman King seconded -the motion. All were in favor and the motion passed unanimously. H. B. Toney Memorial Theater Room Dedication Mayor Waller indicated he attended the dedication .ceremonies, along with the H. B. Toney family and fire £igbters-Trom across the state, of the H. B. Toney Memorial Theater Room and Fire Museum in Grand Prairie,! on Saturday,March 25, 1978. He said the H. U. Toney room is an educational auditorium as a tribute to Mr. Toney,furnished by the efforts of the local volunteer Fire Division. Congressman Jim Wright was the fea- tured *u- �| speaker.toredHe said the City's 1928 Ladder Truck is featured in the museum along with 50 other pieces of antique fire fighting' equipment. He said it displays the history and development Of fire departments through- out the state as part of the educational - material and is the first musanmof its kind in the state and a real tribute to all firemen. . Airport Project --Phase III --Report from Dick O'Malley of O'Malley and Clay Mr. McAlister then requested a transfer of $13,406 from the General Fund Contingency to the Fire Division budget for these items. As of March 20, 1978, he said, $41^113.01 was the contingency fund balance, therefore, with this expenditure, $27,617.01 remains. Councilman Amick moved to authorize the transfer of funds for this purpose and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Southwestern Bell Telephone Rate Study _ Mr. O'Malley explained that the Council recently awarded two contracts for Phase III of the Huntsville forimprovements will not be carried out because the Municipal Airport. He said the contract the runway out the project due .to the cut back on work /! contractor, Pitt Construction Company, has refused-zo carry authorized by the City, namely, the'deletion of the apron area which reduced the basebid of $266,000 and $36,000 for the two -course surface treatment, totaling $293.,000 down to some $148,000' Several options are available, Mr. O'Malley said, as follows: l reject all bids, rescind action taken, and reauthorize bids again, or 2^ take contractor's c000teru££ar^uf'a 10 percent lump sum, across the board increase to perform that reduced scope of work. He felt the Council should rescind the previous action and rebid, rather than pay the contractor an additional.\ $14,800. After some discussion, the Council agreed to rebid this work. Councilman Corley made the motion rescindii to "�the previous motion to award the contract to Pitt Construction Company and Councilman Daigle seconded the motion. Councilman Dickens then moved to authorize the engineers to go out for new bids onthis phase of the .project ., and Councilman. Hodges seconded the motion. All were in favor of both motions and Mr. McAlister advised the Council that approximately 50 representatives from various cities met in Austin to discuss the advisability of reviewing SWBT's request for a rate hike, in the amount of $214 million, to determioo'if it is justified and if further study is warranted. He advised the Council that if the City of Huntsville joined with these cities in this study, and he recommended it did, the cost to Huntsville will be $440.25. He said these funds could come from existing budgeted funds in the Administration's budget in the Special Studies and Contracts Account. He said the steering committeeappointed by these representative cities, decided to hire the firm of Touche Ross to work as the cities' consultant in the SWBT case. The cost to cities is computed based on 21/2 cents per capita, based on 1970 population, to defray the cost of the consultants. Using the 1970 population for Huntsville of 17^010` the City's share amounts to $440.25. Mr. McAlister noted any excess collections will be refunded upon the final termination of the case. Councilman Dickens moved to authorize the expenditure of $440.25 to join with other participating cities in authorizing the rate hike study to be conducted by Touche Ross and Company and Councilwoman King seconded Mr.O'Malley indicated Mr. Anthony Rachunek, who formally represented O'Malley & Clay on the City of Huntsville, is no longer with his firm as he has launched his own business. indicated he would personally work on this project for the City to its completion. Mr.Change Order --Brown & Root Contract --Airport Project Dick O'Malley also advised the Council of a change order to this project for the purpose uf aotbor- iziog the expenditure of $531.00 for a cbaioliok fence/gate to be added to the fencing constructed, ed, fnr access to the lighting system maintenance. He indicated this is a 12 foot wide gate in the existing chain- link buio- liok fencing consisting of two6 feet high by 6 feet wide gates (double gate--cbuioliok fence gate). Council-. man Corley moved to accept this change order with funds to come from those funds remaining in the project •audCouncilwoman Kiogyocoodad the motion. All were in favor and the motion passed ,00uoim"osly_ Status of Gulf States Rate Increase Request Mr. McAlister indicated testimony has been filed on behalf of the participating cities in the pending Public Utility Commission case indicating that Gulf States' requested systemwide increase of $24.3 million be cut back to $712,000. The hearing in the case, he said, is to commence April 5, 1978 at 0/00 A.M. and should be completed by April 13. He said after the hearing, a report will be forwarded to participating cities and a meeting will be scheduled to discuss the report and appropriate procedures. In further explanation, Mr. McAlister indicated that Touche Ross, upon completion of this study, deter- mined that the bulk of this $24.3 million requested systemwide should come from the State of Louisiana as opposed to the State of Texas, because the counterpart in Louisiana of the Public Utilities Commission, has denied any rate increase. The Touche Ross study revealed, then, that the Lion's share of the $24 million should come from Louisiana residents as opposed to Texas residents. However, Mr. McAlister indicated he did not have anything official, in writing, regarding this explanation, but this was his informal understanding. �~^ DeShaw, City Secretary March 28, 1978 Reception for Candidates of the House of Representatives Mr. McAlister said the Librarians and media specialists of Walker, Montgomery and Cherokee Counties are sponsoring a raooption for the State House of Representative Candidates, Saturday, April 1, at 10:00 A.M. at the Chamber of Commerce. He said legislative candidates invited include Representative Jimmie Edwards, Robert John Deniger, Sam Cable, and representative Emmett Whitehead. He said the public is invited to meet the can- didates running for the House of Representatives. CITY COUNCIL MEETING OF APRIL 1, 1978, HELD IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS, AT 7:30 P.M. total voter turnout percentages foreacb ward are as follows: with the following members Morris I. Waller, �u�o John Amick Larry Corley S. Larry Dickens Bill Hodges Goree McGlothen Jack C. Parker Delora Wayne Daigle 49.6 percent 25.9 percent 13.1 percent I1.2 percent The results having been tabulated and reviewed acknowledgement of and acceptance of these results. City Officers' election as presented and Councilman motion and it passed unanimously. by the Council, Mayor Waller then asked the Couucil/s Councilman Dickens moved to accept the results of the Parkerseconded the motion. The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by the AssiStant City Attorney, Jack Haney. CONSIDER FUNDING FOR THE ELKINS LAKE LIFT STATION PROJECT Mayor Waller indicated the plans and specifications on the project were completed several weeks ago and are now presently being reviewed by ���vu'o engineers, Turner Collie and Braden. He said as of this date, the project has not been funded and that it is made. He said the City needed to relate to the engineering and inspection fees in the amount of $34,467 and to segregate those funds from the unappropriated net income in the Water and Sewer Fund of $384,390.31 to gay the engineering fees and to proceed with some inspection fees related to this project. Mayor Waller then' asked the Council to segregate $34,467 from the $384'390.31 and proceed with the project. He said the engin- eering teosvore about half the $34,467 and the inspection fees were expected to total the remaining half. He said Davidson Engineering has submitted a billio the amount of $15,000 for engineering. The inspection is to be done in-house, he said, with some hired inspection; however, no firm figure is available on these inspection costs at this time. It was noted the engineering fee is based on a graduated scale. Mr. Jim Hudgens indicated some 85 percent of the fee is due upon completion of the plans and the remaining 15 percent will be paid out as construction progresses. The $16,000 is 85'perceot of the estimated base engineering fee, based on the estimate for con- struction. 8e said after the bids are actually let, we will know what the actual construction costs will be. Jim McAlister, City Manager, suggested transferring $35,000 from the Water & Sewer unallocated balance forward to the Water and Sewer Contingency Fund to pay these fees with the balance of the financing addressed at some later date. Councilman Parker preferred to take this project one step at a time and he then formally moved that $15,000 be transferred from the Water and Sewer Fund Balance in order to establish an account for Davidson Mayor Waller then announced that due to the results in the Position 4 race, p runoff olectimcis�ys- sury to determine the winner of that position. The candidates whose names will appear on the ballot to be !' Arthur L. Herzog and Murray A. Brown. He then called the election (effective April 3, 1978) to be held on the 18tb day of April, 1978, from 7:00 A.M.to 7'00 P.M.Mayor Waller said absentee balloting will begin .| oo ADril S and cuutiouo through the 14th day of April, during regular working hours in the office of the City Councilman Dickens moved that the Runnoff Election be called for Tuesday,April 18, 1978 as indicated io the memorandum from the City Secretary and Councilman Bill Hodges seconded the motion. All were in favor of the motion and it passed unanimously. . No Meeting Next Tuesday (April 4) Mayor Waller indicated the Council would not meet April 4 and that its next meeting is scheduled for Engineering, to make this purtialpuymeot of engineering fees on the Elkins Lake MUD Lift Station Project. Councilman Corley seconded the motion: All were in favor and the motion `gussed Unanimously. Councilman Parker further moved the authorization of tbe-$15,000 payment to Davidson Engineering for their' work in connection with the 8LMUD lift station project. Councilman Amick seconded the motion. Mayor Waller said this motion was not necessary as we have a signed contract and this bill is due and payable. Councilman Parker said he then stood corrected. CONSIDER FUNDING FOR THE WOODS ADDITION DRAINAGE PROJECT Jim McAlister indicated that last October, the City agreed to participate in one-half the cost of the Forest Hills Section V Drainage Ditch as well as pay 100 percent of the cost of the Woods Addition Ditch. He said the two projects were bid together so that a cost savings could be realized on volume. He said it w�s then realized that we had underfunded the project by $33,677.75. He said now that the project has been plated, the developers' share will be $17,737'50 and the cost to the City will be $15,940.25. However, dua to some change orders as the project progressed, the City's share will actually come to about $14,000, 8a then asked the Council for authorization to transfer $14,000 from the Revenue Sharing Contingency Fund, wbicb has a balance of $46,785.75, for the purpose of finalizing this project. ~___'_____ Couocilmun Parker moved to transfer $14^000 from the Revenue Sharing Contingency monies due on the Woods Addition and Forest Hills V Drainage Projects. Councilman All were in favor with the exception of Councilman E. Larry Dickens. Councilman Dickens indicated he voted against the project initially because he didn't support the Forest Hills V drainage project us purt n� tbis project and he said he still takes this position. The motion, however, passed. uoce � motion'. CONSIDER ORDER DECLARING RESULT OF CITY 'OFFICERS' ELECTION of the City Officers' election having arrived, Mayor Waller in this election: Ward No. 1 375 Ward No. 2 l9h Ward No. 3 0Q Ward No. 4 8� MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 18TH DAY OF APRIL, A.D. 1978, IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS, AT 7:00 P.M. with the following members Morris I. Waller, John W. Amick Larry Corley E. Larry Dickens Bill Hodges Delora King Goree McGlothen Jack C. Parker Mayor Waller then apprised the Council of the additional time requirements necessitated of the Municipal Judge due to the "Speedy Trial Act" which will be effective July 1 and the backlog of cases that now exists in the City Court. Mayor Waller indicated an adjustment is necessary from the General Fund Contingency to increase the Judge's salary relating to these severe time requirements. Councilman Dickens moved to authorize $1;375'in'additional funds, which is an additional $250.00 per month to the Judge's present $500 per month salary'(to1750 .er"month) and to obtain these funds from General Fund Contingency. _Councilman Parker seconded the motion. 'All were in favor and the motion passed unanimously.', The meeting was called to order by the Honorable Morris 1. Waller, Mayor, and the invocation was given by Councilman John W. Amick, Sr. CONSIDER THE MINUTES 'OF THE'PREVIOUS MEETING CONSIDER CHANGE ORDER NO. 2`TO'BOWERS BOULEVARD AND AVENUE H DRAINAGE IMPROVEMENT PROJECT (BROWN AND ROOT, INC. CONTRACT) Avenue H amounts to a net increase to the contract amount of $722.00. Councilman Parker moved to appropriate1722 to fund change order No. drainage improvements project; such .funds to be obtained from the General Dickens seconded the motion. All were in favor and- the motion passed unan It was noted the Council had previously approved $3,700 for this proj University assuming the difference. Since this will not be the case, the the additional $722 for the completion of this project. 2 of the Bowers Boulevard -Avenue H Fund Contingency Fund. Councilman imously. ect with the possibility of the Council then needed to appropriate Mayor Waller then presented the minutes of the two previous meetings of March 28 and April 1 for the Council's approval. Councilman Hodges moved to adopt the minutes as prepared and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS AND FINANCING ON VARIOUS EQUIPMENT Jim Hudgens, Acting City Manager, indicated the Council reviewed bids for various equipment in the last. -work session. After some discussion of the bidders and the methods of financing, the Council then took the following action. Councilman Corley then moved to award the bid for the tow type Sweepster H-84 to Lansdowne -Moody Company of Houston in the amount of $5,602; and, to award the -bid of R. B. Everett $ Company for the tow type paver Layton F525 in the'amount of $8,077. Councilman Corley .further moved to finance these two purchases from the $100,000 allocation of -Revenue Sharing Funds for Substandard' Street Paving. Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. Councilwoman King then moved to award the bid of Gooseneck Trailers of Bryan, Texas for the purchase of one 23 foot container trailer for the Sanitation.Department in -the amount of $5,775; and to award the bid of CONSIDER NO PARKING ZONE FOR GIRL SCOUTS Jim Hudgens, Acting City Manager, indicated the Girl Scout leaders have requested a "no parking zone" on the west side of the Girl Scout Lodge on Avenue M for loading and unloading the girls. He said Section 12-37 of the City Code of Ordinances provides this no parking designation can be made by the Mayor, as authorized by the City Council. He then recommended the Council approve this action. A memorandum from Jim McAlister, City Manager, revealed the building is used by the Girl Scouts between 3:00 P.M. and 8:00 P.M. on a regular basis. He suggested in his memorandum that a no parking designation from 2:00 PM until midnight should suffice. After some discussion, Councilman Dickens -moved to authorize restricted parking in the designated loca- tion on the east side of College Farm Road between the specified hours of 3:00 P.M. and midnight. Councilman McGlothen seconded the motion: All were in favor and the motion passed unaimously. Moore Henry Motors of Huntsville for the purchase of a Ford F350 Cab/chassis for the Sanitation Division in the amount of $5,985.00. Councilwoman Kill further moved to finance these purchases from Revenue Sharing Con tingency. Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. Finance Director, Van VanDever indicated the balance in the Revenue Sharing Contingency Fund at this time is $46,000. Councilman Dickens moved to award the bid to Mustang; Tractor Company of Lufkin, Texas, for the purchase of a track loader (Caterpillar 977L) in theamount of $84;890't0ht financed' through certificates 'of obliga- tion over a six year period at the "market rate 'of interest:" Councilman McGlothen seconded the motion. All were in favor and it passed unanimously. CANVASS THE RETURNS OF THE RUNOFF ELECTION Mayor Waller indicated the returns were all in for the runoff election held in the City of Huntsville this date and he then revealed the outcome of the race in each ward, as follows: Mayor Waller indicated a total of 356 votes had been cast in the election in the four wards, as follows: Councilman Dickens further moved to award the bid of Duncan Equipment of Arlington, Texas for the pur- chase of ten open top roll off containers for the Sanitation Division in the amount of $19,770, to be purchased' through certificates of obligation over a four year period at the "market rate of interest." Councilman McGlothen seconded the motion and all were in favor. The motion passed unanimously. City Attorney Haney indicated no lending institution has been designated at this time as the bids are not yet complete. CONSIDER CHANGE ORDER FOR WATER TOWER REPAIR PROJECT Mr. Boyd Wilder, Director of Public Utilities, advised the Council of the need for a change order for the water tower repair project. He reminded the Council that the bid for this repair was awarded to Mid -South Tank! and Utilities Company in the amount of $25,030.71 for sandblasting, repairing and painting the elevated water tower at the Palm Street Water Plant. He said after careful evaluation of the tank, it is necessary to remove the ladder on the inside and in- stall another one that can be welded in place. He said this change can be made for $2,500. A "safety climb" is needed on the outside ladder, and consists of a safety belt. This safety climb would cost $1,125. Both these changes can be made for a total of $3,625. In addition, Mr. Wilder said he feels the alternate bid from Mid -South in the calls for spot blasting the outside of the tank, would adequately repair the tank, the bid could be decreased to the alternate after the work commenced and the needs amount of $19,743.21, which as it was understood that were more closely assessed. Councilman Corley moved to accept the change order to the Mid -South contract in the amount of $3,625 for the installation of a new interior ladder to be welded in place and the installation of a "safety climb" to the outside ladder. Councilman Dickens seconded the motion. All were in favor and the motion passed unani- Mayor Waller expressed his feeling that the turnout was disappointing. He surmised, after results, that one cannot say that one vote or two votes does not make a difference. After a careful examination of the returns, the motion was made by Councilman Dickens to accept the election results as presented and Councilman Parker seconded the motion. All were in favor and the motion Mayor Waller congratulated Dr. Murray A. Brown on his victory. He then commended Arthur L. Herzog for running a very good race. Dr. Brown asked the Council to promise not to call him "Landslide Lyndon." CONSIDER APPROPRIATION FOR MUNICIPAL COURT OPERATIONS Mayor Waller indicated the Council needed to consider authorizing the expenditure of $4,586 from General Fund Contingency to meet the needs of the Municipal Court for an additional Court Clerk and supporting equip- ment (typewriter, $774; calculator, $199; and typing table, $125). Salary and benefits for the Court Clerk would total $3,488. Councilman Dickens moved the authorization of the additional position and equipment of Court Clerk and the appropriation of $4,586 from the General Fund Contingency. Councilman Amick seconded the motion. All were Resolution and Proclamation Honoring John W. Amick, Outgoing Councilman, Position 4 Mayor Waller then read Resolution No. 78-6 to the City Council and those in attendance, which outlined the many accomplishments of the City during Mr. Amick's tenure in which he was instrumental in providing expertise and wisdom as well as many, many personal hours of his time. Included in the Resolution was the Proclamation declaring Tuesday, April 25, as John and Ora Amick Day in Huntsville, Texas. Councilman Dickens moved to adopt Resolution No. 78-6 and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Reception for Councilman John W. Amick, Sr. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19TH DAY OF APRIL, 1978, IN THE CITY HALL CONFERENCE ROOM IN THE CITY HALL LOCATED IN HUNTSVILLE, WALKER COUNTY, TEXAS, AT 5:00 P.M. Mayor Waller indicated that at 8:00 A.M. on Tuesday, April 25, 1978, there would be a reception honoring outgoing Councilman John Amick, after eight years as a City Councilman -at -Large, Position 4, in the City Hall Conference Room. session with the following members All of the Council wished John Amick well and expressed their appreciation for the fine work accomplished during his tenure as City Councilman. An invitation was extended to Dr. Murray A. Brown to attend the next work session of April 25, 1978. The Council commended the work of James R. Hudgens, Director of Community Development and Assistant City Manager during his five year tenure with the City of Huntsville. The Council wished him well in his new position as City Manager for the City of LaPorte, which duty he would assume on April 24, 1978. Morris I. Waller, John Amick Wayne Daigle Larry Corley Delora King Jack C. Parker E. Larry Dickens Bill Hodges Goree McGlothen The meeting was called to order by the Honorable Morris I. Waller, Mayor. Trip to Euless -Bedford to See Water Plant Mayor Waller indicated that on Saturday, April 29, the Council would travel to Euless -Bedford to view their plant in operation. He invited the Press to join the Council as well as the T.V. and Radio personnel. Beaumont Meeting of Participating Cities in GSU Rate Study Jim Hudgens indicated Jim McAlister, the City Manager, would be attending the meeting in Beaumont on April 21, Friday, at 2:00 P.M. as the City's representative in the rate study meeting. ORDER RECOUNT OF RUNOFF ELECTION BALLOTS Mayor Waller indicated he had received the application from Arthur L. Herzog, requesting a recount of the Runoff Election Ballots cast in the City of Huntsville on April 18, 1978. The application having been duly filed through Mr. Herzog's attorney, Mr. A. J. Moak, the Council now needs to set the date for the recount. Councilwoman King moved to set Saturday, April 22, 1978 at 9:00 A.M. as the date for the recount and that it be conducted in the City Hall Conference Room. Councilman Amick seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller said the Council now needs to appoint three disinterested persons to recount the ballots and that one of these should serve as Chairman. After some discussion, the Council submitted the following list to the City Secretary to call upon to serve on the committee, including a list of alternates should someone be unable to serve. The Council's selection for the committee is as follows: Max Schlotter Ron Sumter Virginia Humphrey Ralph Lawson Jim Wood, Chairman Mark Kirk L. K. Westmoreland LuEllen Gibbs Jane Monday Scott Johnson Paul Murphy Councilman Corley moved to accept the members designated and the alternates listed for the Recount Committee and John Amick seconded the motion. All were in favor and the motion passed unanimously. The Mayor further ordered that the City Secretary provide the locked ballot boxes containing the counted ballots to the Chairman, Mr. Jim Wood, and that the Chief of Police provide the keys to the locked boxes to the Chairman of the Recount Committee on Saturday, April 22, 1978, at 9:00 A.M. The Mayor also directed the Chairman, Jim Wood, to present the results of the recount to him in a formal meeting of the City Council to be held on the 25th day of April, 1978, in the City Hall Council Chambers at 7:00 P.M. Respectfully submitted, (:::;-1 th DeShaw, City Secretary April 19, 1978 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING8ELD ON THE 25TH DAY OF APRIL, 1978, IN THE CITY HALL CHAMBERS LOCATED IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 7:00 P.M. session with the following members Morris I. Waller, Mayor Murray A. Brown Larry Corley Wayne Daigle. E. Larry Dickens Delora King Goree McGlothen Bill Hodges Jack C. Parker CONSIDER THE MINUTES OF THE PREVIOUS MEETINGS Mayor Waller then presented the minutes of the previous meetings of April 18 and 19. He then asked for their corrections or additions. Councilman Goree McGlothen wished to amend the minutes on page 3 of the April 18 minutes, third to last paragraph, third line by deleting College Farm Road and adding in its place, Avenue M. Councilwoman King noted a typographical error on page 2 of these same minutes, second paragraph, fourth line, which read ". . . over a four period period . . ." She indicated the statement should read ". . . over a four year period . . '" There being no other corrections to the minutes, Councilman Corley moved to adopt the minutes as corrected and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. RECEIVE THE REPORT OF THE RECOUNT COMMITTEE OF THERUNOFF ELECTION a. it satisfias the statutory duty cities have and b. to pass the ordinance may put some pressUre on the PUC if a number of tbe,citios adopt an ordinance QruutioQ $712,000 increase. Mr. Wall feels most of the cities in Texas served by GSU will do nothing --let GSU appeal to the Commission and they will accept whatever the PUC approves. Haney said the City of Huntsville has the option either to: u. pass an ordinance granting the $712^000 rate increase (the Touche Ross r�commeo�u� h. pass an ordinance granting the $8,000^000 rate increase (as recommended by the PUC staff); or c. do nothing, and let the PUC take whatever action it wants to, and then be uotomuti bound by that. �r. Haney said the Council needs to act on this matter before May 15, 1978. Councilman Dickens indicated on March 3, the Council ,initiated a series of public hearings and those present were led to believe they would have an opportunity to speak to the rate increase in subsequent hear- ings. He felt the Council should not act on this matter until another public hearing is held. After some discussion, Mr. Haney recommended the public hearing could be held in conjunction with the formal meeting of the Council on May 9. Mayor Waller indicated this would be satisfactory and that �be Council should pursue this schedule. � _ TML Utility Regulation Symposium Jim McAlister, City Manager, indicated the Texas Municipal League d bility regulation symposium on May 19 in Austin where they hope to offer more information to—public officials for the purpose ofexylaiuiog the role of the PUC and how it relates to cities. He invited the Council to attend this meeting. Mayor Waller then presented the results d£ the Recount Committee's tabulation of the April 18 election ballots, as follows: It was noted by the Mayor previously reported. original election tabulations to Councilman Dickens moved to accept the results of the Docouo the motion. All were in favor and the motion passed unanimously. City Attorney, Jack Haney, then swore in the four elected councilmen to their Larry Corley, Bill Hodges, Larry Dickens, Murray Brown, Councilman -at -Large, Councilman -at -Large, Councilman -at -Large, Councilman -at -Large, Position Position Position Position Update On Police/Citizen Vehicular Accident on 1-45, April 23, 1978 Mr. McAlister, City Manager, said originally.the police.vehicle, a 1978 Ford LTD II, was termed A total loss. However, he said bids were sought on its possible repair and the low bid was submitted by Odell Knight for $3^220.21. He said there is sufficient money left over from the amount budgeted for the police vehicles. He said if the Council has no objections, the balance of these budgeted funds will be used to repair the wrecked 1978 Ford. Chief Burch indicated that Frank Moore of Moore -Henry Motors would honor one additional vehicle purchase at the previous low bid price of $S^459. The Purchasing ^ Lynn Avant, said, however, that the purchase of a replacement vehicle would have to be rebid and the bid to Moore -Henry could not be accepted without rebidding. After some discussion regarding repair for $3^220.21, or replacement (for approximately $6,459), and noting the fact that the Police Department's expected life of this vehicle, when new, had been 100^000 miles, it was felt the vehicle should be replaced rather than repaired, and that the wrecked vehicle could be used for the vabicles. Councilman Parker moved to authorize the Purchasing solicit bids for the police car as per the appropriate police package as soon as possible. Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. )' Councilman Parker felt the City Council should pursue with filing suit against the other driver for the damages incurred. Although he realized this action would not prevent this same person from getting into a car later on and hitting someone, at least he wouldn't be doing it with a license. The City Attorney, Jack Haney, discussed the process and the probable futility of such a suit if the driver did indeed have a sus - driver's license and no insurance whatsoever, two convictions for DWI, and the recent felony DWI charge ' | filed against him for the accident with the City's partrol car. Mr. Haney felt he probably does not have financial responsibility, which is what the law requires when there is no insurance. No motion was made to formally file suit in this case, however, it was reported the driver was transferred to the VA hospital where he is listed in critical condition in the surgical intensive care unit. Patrolman Thomas Shelton was reported to be in improved condition, however, still in intensive care. 1 [ noted a distinguished guest a���r �lla��, Nr. ��t��soo, iotha audience. Mr. Johnson also City Council. ADJUU0V��0� '� The Council then adjourned into the work oossimo. Following the work session, the Council adjourned to the reception honoring outgoing Councilman Amick, who leaves the Council after serving his full�|i eight yuur term. � Councilman Parker moved that E. Larry Dickens be designated Mayor Pro Tem of the City of Huntsville. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Jack Haney, City Attorney, said he discussed the planned course of action regarding the GSU request for a rate increase with Kenneth Wall, City Attorney for the City of Beaumont, and he recommended the following He will recommend to the Beaumont Council that they adopt an ordinance granting the GSU a $712,000 rate increase (as recommended by the Touche Ross Consultants). �. GSU is then expected to appeal this ordinance to the PUC b. GSU will ask PUC to take judicial notice of a decision under its coosidorutioo u. PUC will take judicial notice of that decision (Note: the reason for this is that those rates will then be set and cities will not be required to offer additional evidence before the Commission. Cities earlier intervened in the case involving the rural rates and fully presented a rate case. That will not be necessary again, Mr. Haney said.) 2. An alternative to granting this $712,000 rate increase ordinance is that cities can simply take no action at all. Then, GSU will automatically appeal to the PUC. Mr. Haney said the two reasons why Mr. Wall will recommend number 1 above are: announced that the Director of the Chamber of Commerce, Len George, has been instrumental in getting the Lone Star Basketball ,Conference to -come to Huntsville this year, to the SHSU Coliseum. Ruth ooGbaW, City Secretary April 25, 1978 MINUTES OF THE LLE CITY COUNCIL MEETI0GEE0ON' THE `9TH DAY- CITY HALL. COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE 7lfECIIY'0F HUNTSVILLE, WALKER COUNTY, TEXAS, AT 7:00p.�. The Council Meeting was a Regular Meeting of the Council and the following members were present: Morris I. Huller, � MUrray A. Brown Corley ' Wayne Daigle E. Larry Dickens Bill -Hodges Delora King Goree McGlothen Jack Parker as to how much area should be cleared to meet these requirements,and now they are coming back to us -to ask that seven more acres be -cleared to that which was originally anticipated,to be adequate. mr. McDaniel aaid this correct. Councilman Dickens felt this .deserved more thought on the 'part of. the council, and the Council concurred. Mayor Waller told Mr. McDaniel the Council will study this change order further. The second item presented by Mr. McDaniel regarded the two ditches which parallel the runway on Which fences have been installed. He said during heavy rains, the fences get washed out. He said O'Malley & Clay has investigated this problem and -they recoimnend the. installation of a Nater gate" or "water gap." He said a drawing was sent to the contractor for consideration and the contractor then submitted his proposal for re- pair to the fence and add water gap of $11,870.00. Be said the water gap would probably be a distance of 50 feet. He recommended the City try to do this on force -account labor. He indicated Brown & Root was not too interested in coming back to do this work and they even hesitated to quote prices on this additional work, and only did so upon his insistence. Councilman Parker recommended the City Council alsotake this under investigation for completion in-house� The meeting was called to order by the Honorable Morris I. Waller, Mayor. The the City Attorney, Jack Haney. OPEN PUBLIC HEARING ON GSU RATE CASE CONSIDER UTILITY EXTENSION FOR MAGGIE BAILEY Jim McAlister,City Manager,advised the Council. that Maggiet=6 a two inch water line from the existing water line on Roans Ferry Road, 165 feet to serve a house. Hethe Council decides to participate in the extension under the provisions of the Utility Extension Ordinance, the cost. of the City will be approximately $281.75. He said the total cost of the project is $563'50' It was noted the $281'75 city cost includes the cost of force -account labor. Mayor Waller then formallythe public hearing to the citizens of the City of Huntsville so that they may have the opportunity to express their opinions and views regarding the rate increase requested by the Gulf States Utilities Company. Councilman Dickens man Corley seconded the Frank Robinson, Manager of the local GSU Mr. Aubrey Sprawles, Division Manager of the Western Division of GSU, who would be happy to answer any questions the Council or citizens may have. Jack Haney, City Attorney, then tead the options available to the Council: Take no action at all, which means there turning the matter over to the PUC. Adopt an ordinance granting ao iooreuso Ross study) - Adopt an ordinance granting uo iocreuso staff for the PUC). Adopt an ordinance granting ao iocrouso increase. ho oo �ussad, uod would mouu wm were � / in the amount of $712`000 (recommended by the Touche amount of approximately -$8,000,000 (recommended by the amount requested of some $24,000,000. or a 13.5 percent Mayor Waller then asked if anyone present would like no one present to speak, the Mayor then closed the Public matters of this sort are more or less out of the hands of to make There being Hearing. Mayor Waller surmised that most people feal'! local government. CONSIDER THE MINUTES OF THE PREVIOUS MEETING participate in the utility Bailey All were in favor of the motion and it -passed unanimously. CONSIDER' APPROVAL OF CONTINGENCIES &WBDDG8T TRANSFERS - . Jim�c�lis�or tbeupresented budget .granafers to be approved through March 31, 1978 within the General Fund of the City along with approval of some contingency expenses in the General Fund and in the Water and Sewer Fund' Councilman Parket moved to approve the transfers and contingency expenses and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller then presented the minutes of the April 25, 1978 meeting. Councilman Corley moved to adopt the minutes as prepared and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. - CONSIDER CHANGE ORDERS ON THE MUNICIPAL AIRPORT Mayor Waller then introduced Mr. Bob McDaniel of O'Malley 8 Clay, Consulting Engineers, to present the change orders. Mr. McDaniel clarified that there was just one change order, Number 4, on the two projects. However, he said bo would, have some comments on possibly a Change Order NumberS. Mr. McDaniel indicated after some consultation with FAA and on the ground surveys and inspections with FAA, it becomes evident that an additional seven acres are needed to acquire the proper approach into the proposed new runway. He said at the time this determination was made, the contractor had essentially com- pleted all of his work required on.the original contract, au he was expecting an additional move in charge and perhaps inflation in the change order price. He said the contractor has proposed to Clear the seven acres at a new unit price of $1,386.00 Rvr acre for a total of $9^696.00' Mr. McDaniel said it is. tba racommeodutioo'of O'Malley 8 Clay that the Council accept this change order as it is felt it would be cheaper to the City than going out for bids and getting a new contractor to come in, time delays, etc. He said this additional!' cost .is 4ligiklo for -grant -participa- tion. Mr. McDaniel,said it would include clearing, grubbing, stumping all of the trees on the seven acres of land on the extension end of the runway, the avigation easement. He said the area is- heavily wooded. The Council questioned Mr. McDaniel as to any value that might be placed on the trees for pulpwood, etc. Mr. John Joerns offered that in the previous contract for grubbing, the trees become the property of the con- tractor for his disposition. Mayor Waller said also under the terms of the easement, the City must clear the property of the stumps also. / Mr. McDaniel said the original contract price for clearing was $325 per acre and that the new unit price is due to inflation and the additional move in factor ($1,385.00 per acre). Again, Mr. McDaniel felt that considering where the project is and with potential funding, that this is the most reasonable alternative. He indicated that while action tonight is not critical, it is necessary to close out the project and get our retuiouge. Mr. McDaniel said bids will be received on June 12 on Phase III. He said the Phase III project cannot begin until Phase II is completed. Councilman Parker requested that more information be sought on the cost of the clearing as alternative measures. Mayor Waller expressed his concern as to why this seven acres was not included in the original bid work by the engineers. Mr. McDaniel indicated it was originally anticipated that the proper clearance would be received through the first contract; however, O'Malley and Clay again surveyed the area and find that this additional area is needed to meet the requirements of FAA. CONSIDER $6,000 HOMESTEAD EXEMPTION FOR PERSONS OVER 65 Jim McAlister indicated Councilman Bill Hodges requested the Council consider increasing the homestead exemption for persons over the age of 6,5 from $3,000 per year to $6,000' per,year. He indicated the City forfeits $20,513 in revenues from taxes at the $3,000 exemption level,. and doubling that to $6,000 would increase the loss in revenue to $41,000+ according to the memorandum Of March 20, 1978 from Bob Smith, the City's Tax Assessor/Collector. Bill Hodges, Bodgos, apeukiog in favor of the increase, said he considers rather than a loss in taxes, as a good way to spend some City money. He said this additional exemption for the homeowner will save them $36.00 per year. He said this $36'00 will pay three months of their sewer, water and garbage bill, at the current rate. He said this is. only one way this money could be used, He said he therefore moves that the homestead exemption for .persons over the age of 65 years be increased from $3,000 to $6,000 per year. Councilman Corley sacopJed be motion. Mr. McAlister noted that citizens could sign up for this additional exeinption before January 1, 1979 and it d go into effect January 1, 1979: Dr. Dickens noted the affect on city revenues then would not be immediate and would be something that could be budgeted for next year. Mayor Waller noted he felt this would provide an unfair advantage, for certain citizens are not dis- tressed in their financial affairs after age 65 and many are able to pay this tax more than the younger working wage.earners that must pay the regular taxes. He said it would be impossible to determine wbicb-of the taxpayers need this benefit and which ones do not. He said he sawmo merit in this move, with the ex- ception of providing it to the pensioners, if there were a way to determine who they were. Mr. G. A. White, citizen in the uudieoco^ spoke in favor of -the exemption increase, as he felt most of the citizens in the community over age 65 were not in upostino, in his nDioipo^'wbaro they do not need some assistance with taxes. After much discussion the Council, the Mayor called for a vote on the motion on the floor. All were in favor of the motion EXCEPT Councilman Daigle, who voted "opposed" to the motion and Councilwoman . King, who "abstained", from voting (which is counted as a "no" vote). Therefore, there were six votes "for" the motion to increase the exemption from $3,000 to $6,000 for persons over age 65 and two votes !'opposed."' The motion therefore passed. As a matter of clarification, the date the new exemption is to become effective was moved by r"""cilmuu Hodges to be January 1, 1979, and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. City Manager, Jim McAlister, noted tbut he concurred with the Mayor's position because he feels that any governmental agency that can hold taxes down, without an increase, as it has done in the past six years, has done a good job. He said he did not like to see these kinds of changes, however, he would honor the wish of the Council. Mayor Waller felt it would be proper for the Council to refer the matter to the Public Utility Commission that exists to respond to matters such as this, for its dispostion. He said the Council is not in a positionto judge rate increases. BUSINESS OF THE CITY ATTORNEY Consideration of the GSU Rate Increase Jack Haney indicated he had stated the options available to the Council earlier in the Public Hearing. He indicated he is prepared to prepare an ordinance in accordance with the.desires of the Council. Councilman Dickens summarized that the design engineers, O'Malley K Clay, made the decision originally Aubrey a said the hearing who heard ^,,,,, case on 5, presented���� recommendations to the ,,^ today, which is over and above what the staff had recommended where we get the $8,000"000, He said the PUC indicated |\ to GSU that between the 15th and 19th of May, they will give GSU an order as to what their Rural Rate Case de- serves. Be said the $712^000 is the amount of money based on Texas revenues, it's not 4/lO's of 1 percent rate|� increase on your residential rate. This 4/l0`s of 1 percent is: on Texas revenues (Texas systemwide), or those '| costs in Louisiana which can be reflected over here. He said he would know more next week on what the Commis- sion is going to do. Mr. Sprawles indicated GSU would not take action in any community until the PUC,gives GSU an order' indicated he would provide this in writing from an officer of the Company. After much discussion among the Council and some audience participants, tba C000cil �olt it ybonld the actions deemed appropriate by the Texas Public Utility Commission. Councilman Corle moved to do nothin about the GSU rate increase at the present time and that GSU ish the Council with a letter from one of its officers saying it does not intend to raise -the rate until PUC takes some action. Councilman Dickens seconded the motion. Mayor Waller asked the City Attorney, Jack read the Resolution to the Council. Jack Haney reakU Resolution No. 78-7 which resolved that the Mayor and City Council do hereby instruct the City Manager to ad- vise the County, through its governing body, the County Judge and Commissioners, of the inequity which exists in paying for the cost of fire protection and service to Walker County, and advise the County of the:necessity to budget sufficient funds to underwrite its fair share of fire protection and service for subsequent fiscal year operations. The Resolution further stipulated that the City will provide fire service and protection to the County for the balance of this fiscal year, or until September 30, 1978 for the $15,008; however, prior to October 1, 1978, the City desires a "good faith act" in knowing the County will fulfill its obligation in this area. | � Councilman Brown moved to adopt Resolution No. 78-7 and Councilman Dickens seconded the motion. All were in avor an t e motion passe unanimously. City Attorney, Jack Haney, indicated he felt the Council had a statutory duty to adopt some ordinance and taking a position. After some further discussion by the Council, Councilman Corley withdrew his motion and Councilman Dickens withdrew his second. Councilman Parker moved to authorize the City Attorney to draw up an ordinance pertaining to GSU rates the City of Huntsville that in effect says the City Council wishes those rates to be those found by the PUC the current Rural Rate Case with Gulf States Utilities. Councilman Corley seconded the motion. All were favor and the motion passed unanimously. Mayor Waller clarified that this in effect says the Council wishes refer the matter to the Public Utilities Commission. Ordinance Repealing Ordinance No. 76-17 (possession of Mayor Waller said in the spirit of cooperation between the, City and County, they certainly needed to ud- dresu'tbo need for a joint landfill whereby the County and City participate equitably in the solution to the landfill problem which is a major expense for either of us.- He said it is something the County badly needs !� and something the City must do something about in its fee structure at this time. ` | Councilman Dickens said with this thought in mind, he would like to instruct the City Manager to place this item on the worksession agenda for next week to arrange a time and place to discuss what avenue we will |� take toward this goal. Mr. McAlister said he will meet with the Commissioner's Court in their next meetingto present to them this question as well as to present to them the Resolution on fire service costs. [ indicated he has been asked to draft an ordinance to repeal Ordinance of the ordinance as follows: AN ORDINANCE REPEALING NUMBERED SECTION 3-A-3, PROHIBITING THE POSSESSION OR CONSUMPTION OF ANY ALCOHOLIC BEVERAGE ON ANY REAL ESTATE MAINTAINED OR OPERATED BY THE CITY OF HUNTSVILLE, TEXAS, AS A PARK OR RECREATIONAL AREA. asked to receive a completed list of the streets selected by the Council for two course penetration paving, in their order of priority. Cumulative Record of Grants Received Mr. Haney said the City Council has determined and here finds that it is no longer feasible to prohibit the possession or consumption of alcoholic beverages within city parks and recreational areas on land. and/or premises owned or operated by the City of Huntsville, Texas, as a park or recreation area. Chief Gail Burch, Chief of Police, indicated the Department would not have aproblam if this ordinance passes. He said the previous ordinance is virtually not enforceable to the letter of the law and there are not enough police officers or a big enough jail to handle all the offenders. Mr. McAlister indicated the Police. Department still has the ublity to remove anyone who is drunk or disorderly. Councilman Brown moved to repeal the ordinance passed in 1970 by accepting Ordinance No. 78-3. Council- woman King seconded the motion. All were in favor of theordivaoco EXCEPT Conocilmombars Corley and Parker, who voted "against" the motion. The motion, however, passed. .| requested a list of all grants received over the last five years for his information. Field Trip of Airport Project felt it would be advantageous for the Council to take a field trip to the airport to inspect the progress to date and to review the project byphases as an update and for information purposes. Homestead Exemption Questions / Update on ADMINISTRATIVE REPORTS --JIM McALISTER Mike Leggett Huntsville Item Mr. McAlister il that the driver of the car which demolished the City's new 1978 Police Car did indeed have insurance. He said therefore the medical expenses for Officer Shelton and the re- placement of the vehicle will,bo covered in his insurance coverage. Mr. Rufus Benge of Dusk, Texas, was the driver n£ the other vehicle. The Council restated their intention to seek bids for the replacement of the police unit with the inten- tion to reimburse the City fund for its purchase with monies received from the insurance company. The Council requested that the City Attorney become involvedin this matter to insure proper procedures are followed in collecting for damages. Mr. Haney, City Attorney, stated that even if maximum limits are paid on this insurance coverage, it will not be enough to replace the vehicle as it has a minimum limits coverage. Have the courts upheld arbitrary year date as noudiacriminatory" as far as people below age 65 are concerned? 2} wbut effect would the change in mandatory ret�rumont from 65 to 70 || bu�e on that arbitrary yearly age group? S) Nbut about the guy who takes early retirement at 62 or 55, mainly be cuuse of his byaltb, who has no more yearly income than that person who is 65 or 70Y replied to his knowledge it has never been ruled by the court. He said it may | be tested now with this new law'about mandatory retirement. He agreed a person |� age 55 seeking early retirement would obviously be in some way discriminated i/ against by not getting this exemption. i| Councilman Brown advised the Council that Mr. Leggett would be leaving the Huntsville Item to work for the newspaper in Marshall, Texas. The Council then wished Mr. Leggett success in his new assignment, which he was due to begin on or about May 20, 1978. Mayor Waller indicated Councilmembers Hodges, Dickens, Brown and Daigle accompanied him on this tour, along with Mr. Haney, Mr. Wilder, Mr. VanDever and Mr. Joerns. He indicated the water plant there is similur to the one the City will have. He said the Council gained much information and data from the experience. Proclamation for "Trauma Day in Huntsville" --May 20, 1978 Mayor Waller then asked Dr. John Haenosh, local physician and Chairman of the local Committee on Trauma, to come forward. He then read the Proclamation to the Council. The proclamation proclaimed May 20, 1978 as Trauma Day in Huntsville and noted that in commemoration of Trauma Day, a one -day training program would be held in the University Coliseum on May 20, 1978, regarding trauma related practices. Dr. Haenosh invited the public to participate in the program on the 2Otb. The Council then adjourned for a ten minute recess prior to beQiooipg its scheduled work session. Ruth »eS6mw, City Secretary May 9, 1978 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 23RD DAY OF MAY, 1978 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M in THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 7:00 P.M. The Council met in a regular session with the following members present: The meeting was called to Councilman Goree McGlothen. MoriisI. .Waller, Mayor Murray A. Brown Larry Corley Wayne Daigle Dr. E. Larry Dickens William_Hodges DeloraKing Goree McGlothen Jack Parker order by the Honorable Morris I. Waller, Mayor. The invocation was given by CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented to the Council the minutes of the May 9, 1978 meeting for their consideration. Councilwoman King moved to adopt the minutes as written and.Councilman McGlothen seconded the motion. All were ...in favor and .the motion passed unanimously. ATTENDING CITIZENS Charles Highsmith addressed the Council regarding:Telecable Service Mr. Highsmith, an SHSU Adio-visual Technician, indicated he is aware that Telcable, Inc. of Huntsville has requested a rate increase. Mr. Highsmith said in opposition to this that the Telecable, Inc. service is very much substandard and does not merit any kind of increase. He feels that if there had been good management some time ago, to take into consideration equipment replacementcosts, theywould not nowhein such a bind with obsolete equipment. He did not feel the City Council should.consider a .rate increase of ay sort until Telecable brings its quality of service up to standard, or at least to that required by the ultimate licensing authority, the • Federal Government. Mayor Waller responded by saying Telecable has had -only .one rate increase in the last twenty years, and that was for 30 cents some two or three years ago. He Said.perhapsthis is where they erred in the past, in not having rate increases to update their system. He said although it was proposed by the attorney for Telecable that the Council deregulate it, he said the Council will not entertain such a motion as it does.not feel it is a viablesolution to the particular.problem at this time. However, Mayor Waller asked, where do we go from here. He asked if we should deny the rate increase, thereby not provide.them with the capital to make the necessary repairs to the system; or, provide them with the rate increase and monitor the capital expenditures based on the fact that certain capital expenditures will be made to upgrade_the system. He.said.theremere a lot of considerations but the Council did not have adequate data at this time to make a decision. Mr. Highsmith proposed to the Council that if the, rate increase is warranted, he would like to see some sort of monitoring system set up to where citizens of Huntsville could bring their complaints to get some results, rather than empty phone calls to a secretary who says, "We just take.the money." APPLICATION FOR STEP 'ITT .FOR :THE '.NORTH 'HUNTSVILLE 'SEWER PLANT Ron Fix, Consulting Engineer from. Wisenbaker Fix and Associates of Tyler,. indicatedthe.plans and specifi- cations for Step III were approved last fall under the Step II grant.. He said under normal circumstances, the • Council would have, at that time, approved the Step -III -grant application;, however, because ,of funding problems, EPA and the TDWR had not given us the.grant_application.. Be said on May 11, he was given the Step III grant application. He said the application is now complete and is basically in compliance with the documents presented last fall with the plans and specifications and will.request funds from EPA and is identical to what is in the facility plan and to what he told you last December, with. the exception that EPA has increased the funding level from the. Federal standpoint. . He saidAie then raised the application from the original grant level to $3,815,470. He said this does not include lateral lines, however, this. funding level is high enough that it could include the lateral lines. He said lateral .lines are'not:now grant eligible. Mr. Fix said when his firm applied. for the sewer, plant.grant, under the sewer plant .grant (PL -92-500) ent sewer lines. -'ti:- He said the outfall lines are almost exactly 15 percent of the project cost. He said the State says if it exceeds that, then we have to apply for a separate grant for lines in excess of 15 percent. He said the new Federal law (PL -95-217) provides that Federal participation on a. statewide level will be at least 25 percent in correction lines. He said the lines were in the original grant application and. facility.plan, and hopefully, everything we are going to do on those sewer lineswillcomply with the rules and regulations of EPA and TDWR and hopefully, we can get funded on them. However, Mr. Fix said, he did not think there was much possibility of this at the present time.. He said he would not know until bids were actually taken on, the project The Council was then asked to authorizethe.submission of the Step III application to_the Texas.Department of Water Resources. He said he would then handcarry itto.Houston Galveston.Council of Governments tomorrow, and from there to the Texas Department of Water Resources, next Tuesday._ Hesaid funding approval will not be received. on Step III until October of 1978.. Mr Fix said $5 billion was released-Apri1.1,,1978 for the first year funding, which starts October 1, 1978. . _ Mr. Fix said the review and approval, bid letting, etc would take threemonthsbefore the City would actually need this funding. He said it is a possibility the TDWR will approve this application with the statement that no funds Will' be provided until after October 1, 1978. Therefore,.we would be able to get started prior to October 1. • Mayor Waller asked Mr. Fix to expedite thelorOject by all available means: Councilman Hodges moved to authorize the submissionnf_the.applicatiorLfOr:Step-III-Jundingte the .EPA.and'TDWR. .:COunCilMan-Corley seconded the motion.. All were in favor and the motion:passed-AinaniMoUsly. CONSIDER BIDS FOR TIRES Jim McAlister, City Manager, indicated bids were received and opened Thursday, April 20, 1978 at 10:00 A.M. for the purchase of.nineeeP tread steel reinforced.tires:tO be used on the commercialSanitation truCks. He said bids were received from the following dealers: Bob Deniger addressed the Council regarding Telecable Service Mr. Deniger expressed his concern for the Telecable service also. He said he was mainly concerned that the Council would allow deregulation; however, from statements made by the Mayor, he said he felt this may be a moot question. In addition, he noted that he does nothave Telecable.in theForest Hills area. He referred to a receipt from Telecable, dated 10-20-77, and a -promise to him then that within 11 days he would have Telecable, which has not materialized. He referred to the outdated equipment in use by Telecable and the fact that no replacement costs were built into their.budgets over -the years. He did not feel the citizenry should have to bail Telecable out of its woes because of their poor management Delora King, City Councilwoman, indicated that shortly after she became a member of the Council, the rate request for Telecable came before the Council. She said.at.the time, .the City was promised better service if the rate increase were.granted. She said from the comments expressed.tonight, apparently the service has not improved much from the first raise they were granted. Councilman Hodges indicated the problem in reception in getting Channel_9 on Channel 11 is not a choice of the local Telecable Company. He said this is a regulatiolLof Federal Communications who tells them they must give preference to the station that shows the same program in certain geographical situations. Mayor Waller indicated the Council would take the matter under advisement for action in the future pending additional information requested by the City Council. from_Mr. Haney, the City Attorney. PROHIBITION OF ALCOHOLIC_BEVERAGES IN,JOSEY PARK Reliable Parts Company Len George Firestone Super Lugger Armour ML4 $153.38 $1,380.42 Art. ff411-205 _ $139.57- , $1,256.13 Mr. McAlister indicated it is the.recommendation of,theSanitation Division and the Purchasing Division - that the bid submitted by Len George Firestone in the amount of $1,256.13 be accepted as the best and most responsible bid. Councilman.Brcmn moved to accept the .recommendation of the City and Councilwoman King seconded the motion. All were in favor to accept the Len George Firestone bid and it passed unanimously. Larry Wunderlich presented the Council with a petition signed by 390 local residents who the enact- ment of a City ordinance prohibiting alcoholic beverages at Kate Barr Ross Park, but are not in favor of the same ordinance at Thomas Henry Ball Park on Josey Street. The petition favors the prohibition of alcoholic beverages at the youth league field, Kate Barr Ross Memorial Park, but opposes the same regulation for the Josey', Park adult league field (Thomas Henry Ball Park). Reverend I. G. Johnson spoke in opposition to the allowance of alcoholic beverages in Empark of the City, especially Emancipation Park. He felt it was not a good influence for the children that frequent the park and it also encouraged undesirable characters (drug peddlers, gamblers) to loiter in the park. He said parks were not there for this kind of activity, but for children to play and for family outings. He encouraged the prohi- bition of alcohol and strict enforcement of the ordinance. CONSIDER PROTECTIVE VESTS. FOR POLICE DEPARTMENT Jim_McAlister indicated bids were received and opened for the purchase of 25 protective April 28, 1978. He said.the following bidders responded .as Second Chance Body Armor, Inc., Farmington Hills, Michigan . $3,750.00 Philips Police Equipment Co., Inc., Washington, D. C. ...... . . $3,165.72 Old World Gunsmithing, Magnolia, Texas . . . . . . . . . . ....... 13,000,00 American Body Armor and Equipment, Halesite,_New York . $2,100.00 He said it is the recommendation of the Police and Purchasing Divisions that the bid submitted by Philips Police Equipment Company, Inc. in the amount of $3,165.72 be accepted as the best and most responsible bid. Mr. McAlister indicated this recommendationis based on the fact that: 1. Philips'bid met or exceeded all minimum specifications; 2.. Philips has provided adequate product liability insurance coverage; 3. Philips'bid included extensive data on ballistics and_blunt trauma testing provided by the manufacturer of the armor vests; and 4. The vests are designed to lessen thebacksurface Aeformationthat causes blunt trauma through variations. inthreadthickness, weave density and fabric layers. . Police Chief Gail Burch again endorsed the recommendation to accept the bidfrom Philips Police Equipment Co.., Inc. Councilman Corley moved_to accept the bid.frOm:PhilipaPoliceT0ipment Co., Inc: and Councilman Daigle seconded the motion. All were in,favor and the:motiOnpassed"unaniMOUSly. CONSIDER BIDS.ON-ELKINS.LAKE.LIFT 'STATION 'PROJECT City Manager Jim McAlister said on May 8, 1978, bids for the opened. He presented the two bids received as follows: • W. P. Constructors of Houston . . . . . . . . $214,900 Cemco of Irving . . . . , . . . . 4227,234 Mr. McAlister indicated it is the recommendationof the City to award the bid to W. P. Constructors He said the City has experience with this company and, it is a vety.respondible company that give us of Houston. good results. Also, Mr. McAlister advised the Council they needed to appropriate the funds for the project at this time. He then summarized the estimated project costs and the recommended funding level: Construction . . . . . . . . . . . $214,900 Engineering .. ... ... . .. $ 19,771 BUSINESS:OF-THE.CITY.ATTORNEYJACK'HANEY Ordinance Prohibiting PoSSesSiOn/COAStitpticill 'of:Alcohol 'in:Parks Mr. Haney then read the caption of the ordinance, as follows: Survey (staking) Other services Contingency Recommended Funding Level . ..... $247,000 Previously funded (water and sewer contingency)4$ 15;000 Mr. McAlister recommended construction inspection be done in -ho -use. He reported the unallocated fund • balance for the Water and Sewer Fund is $384,390.31. He said the Council may (1) fund all from the fund balance; (2) fund a percentage (50,75%) from certificates of obligation; or (3) fund all of it from certificates: of,obligation: Mayor Waller suggested funding all of it from:the:fundlialandaand meet any. other emergencies as they arise. Councilman Dickens moved to accept thelOvichid;of'C 13::ConstrUctors of 'Houston in the amount of $214,900 and to authorize the funding of the totallorOjeCtby:tranSfering the 4MOOntOf:$232;000'frOm the Water and Sewer Fund for thispurpese. CounCilmanMcGlethen seconded:the motion.::'Allvete*in:favor And *the'Motion passed CONSIDER ACCEPTANCE OF SECOND QUARTER FY 1977-1978. TAX REPORT The City Manager, Jim McAlister, then presented. the Tax Report for January, February and March of 1978. He said the total percentage collected of the 1977 tax levy is 91.57 percent, or $733,681.75. • He reported the delinquent collection is at 8.95 percent, or $9,145.49. Also presented were the tax collection reports and adjustment sheets for this period along with the delinquent tax suit list for the City. He then asked for the Council's acceptance of the report. Councilman Dickens inoved.toaccent the Second Quarter FY 1977-1978 Tax 'Re ort.and.adjustments and Councilwoman King seconded,the•mOtion;,,'All. Werefin'faVdr and the.motion passed_unanimously. CONSIDER:FUNDING FOR SUMMER INTERN Jim McAlister told the Council Dr. Ed Davis of.SHSU's Government Department submitted a proposal for placing a summer intern on the.staff for the summer months in a work-study situation. He said this is a program we have participated in in years past and many of these people have gone on to enter into .the public service •field and have done quite well. He said if the Council wishes to participate in the program again, it will necessitate the transfer of $1,467 from the General or Water and Sewer Contingency Funds for funding' the project to the General Fund, depending on where the internis assigned. Mayor Wailer endorsed the use of a summer intern. Councilman Dickens moved to appropriate $1,467 for the summer intern position, from either. thoGeneral_and/or.Water and Sewer Contingency Funds, depending on the location of the summer intern. Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Councilman Dickens asked for an accounting of where the funds were actually taken at a later date. CONSIDER AUTHORIZATION FOR TRANSFER OF .REVENUE SHARING CONTINGENCY FUNDS FOR CONSTRUCTION OF JOSEY PARKING LOT Jim McAlister indicated the maximum size parking lot at Thomas H. Ball Park would be approximately 300 feet by 130 feet and would require all usable space between the tennis courts and Avenue M. He reported it would provide 110-120 parking spaces. McAlister indicated material costs total $5,179.83 and lighting costs total $150..00 for a grand total of $5,329.83, with construction, survey work, drafting and design done on force account labor. The balance unallocated in the Revenue Sharing Contingency Fund was reported to be $34,6434 Councilman Brown moved to authorize the exenditure of $5;329;83:from Revenue. Sharin: Contin enc Fund to construct the parking lot at,Thomas :Ball'Patk:andC011nCilMan'Dic OnS:Sederidedthe motion. All were in favor and the motion passed.unanimously. CONSIDER APPROVAL OF:THE:AFFIRMATIVE ACTION PLAN Jim McAllster then asked the Council's approval Affirmative Action Plan which has been used unofficially since November of 1975. He indicated the Department of Housing and Urban Development has requested that we officially adopt the Affirmative Action Plan. Councilman Parker movedAo ado t the Affirmative ACtion.Plawas:the:formal plan for the City of Huntsville and Councilman Corley seconded -the motion. All were . in' avot:Ind the motion pasSed'UnaniMously.. AN ORDINANCE AMENDING CHAPTER 3A OF THE CODE OFORDINANCES OF THE,CITY„OF_HUNTSVILLE, TEXAS, BY ADDING A NEW SECTION.TO BE NUMBERED. SECTION.3,A,3, PROMBITING.THE POSSESSION OR CONSUMPTION OF AN ALCOHOLIC BEVERAGE ON ANY REAL ESTATE MAINTAINED. OR OPERATED BY THE CITY OF HUNTSVILLE, TEXAS, AS A PARK OR RECREATIONAL'AREA, PROVIDING,A PENALTY FOR VIOLATION OF ,SUCH ORDINANCE, AND CONTAINING OTHER PROVISIONS AS THEREIN SET FORTH. Councilman Brown moved:_tO:adOpt:the:otdinante'and*CoUncilMan:MCGIOthen . seconded the motion. All were in favor of the motiOnand..it passed unanimously. ADMINISTRATIVE REPORTS Public Utility Commission Symposium sponsored'by'TML Jim McAlister said on May 19, 1978, Councilman Dickens, Frank Robinson, Sr., Terry Bertling, Lee Ann Wakefield and himself attended the PUC Symposium in.Austin. He revealed two highlights of the meeting: (1) he Chairman of the new PUC and member of the Railroad Commission spoke to the fact that they appreciated the TML joining forces to present evidence before the .PUC and encouraged future intervention on the part of TML. He felt the City was wise in joining with the League in this effort(2) The City Attorney from Irving spoke against automatic approval of pass through rates (such AS Entex gas rates). He indicated the law that applies states that City Councils and state agencies that this is applicable to will reviewall phases of rate increases and not just give automatic approval to these things, Airport Project Mr. McAlister said a local contractor, Mr. George .Baisdon has prepared.. anestimate for clearing the seven acres at the airport. He said. additional bids will .also be sought. The matter will.be clarified at subsequent meetings. Also, he said the City's Street Division has made an assessment of building the water gap and has determined it can be done with in-house forces on force account labor. Mr. McAlister presented strengthened procedures for.handling loose dogs in the City. He said these new procedures were effective.May 19, 1978 in order to control the City's dog problems. He said since the proce- dure went into effect, 36 dog owners have been filed on and the minimum fine in Municipal Court will be $43.50 for each offense. Application for Scheduled Air Passenger.Setvice Between Huntsville and Dallas -Fort Worth Jim McAlister reported that Rio Airways (Pete Howe, Vice President) hasfiled with the Texas Aeronautics Commission in Austin for scheduled air passenger service between Huntsville and Dallas -Fort Worth. The hearings •will possibly be held in August or September of 1978. He, then provided the information, time tables and balance sheet and rates -to the Council for their information. Joint City -County Meeting Plans Jim McAlister indicated he met with the Commissioners Court on Monday to discuss the meeting to discussitems of mutual concern. Heproposed as the He asked the Council to advise of any conflicts. Review of Federal and. State Grants Since 1973 As per Councilman Jack Parker's request, Mr. McAlister presented a summary He said this six year total is $4,341,000, or an annual average of $723,559, or ad valorem tax receipts for each year. Appointment of Board of Equalization all grants since 1973. amount equal to the City's Mayor Waller indicated it is time to reappoint the Board of Equalization for the 1978 Tax Roll. He then presented the member's names of last year's board and recommended they each be reappointed. These members are: Dorothy Giroux Ralph Lawson R. B. Thomason Boley O'Bannon Councilman Parker moved to.accept the reappointments as recommended by.Mayor Waller and Councilman Daigle seconded the motion.. All were in 'favOr: and . the . motion 'pagSod:UnanimOUsly. Proclamation.Recognizing Special,Olympic'Days Mayor Waller told the Council that this proclamation was presentdd to the Bear County Mounted Sher Posse at.McDonalds Sunday morning by Mayor Pro Tem E. Larry Dickens. He said the Special Olympics is a wide program of sports training and athletic competition for many of the mentally handicapped citizens said ten or twelve Huntsville children will travel to Austin for the Special Olympics. He said the Proclamation names May 21 -May 27, 1978,asSpecial OlympiC'Days in Huntsville. ,104-4,,,AkfACg '• y� 1.' 'V y a'� '� ..`�Yy� COUNCIL ACTION MINUTES OF THE JOINT MEETING OF THE WALKER COUNTY COMMISSIONERS COURT AND THE HUNTSVILLE CITY COUNCIL, HELD ON THE 5TH DAY OF JUNE, 1978, IN THE CRIMINAL JUSTICE CENTER ON THE SHSU CAMPUS AT 4:00 P.M. asked the City Manager -to p.ace this subject, on, the neXt worls session agenda of the Council (specifically February 6 memorandum from the City Manager). The Commissioners and Councilmen met in a planned meeting with the following members present: Commiesi000ry'Court City Council EXecutive Session to Ralph A. Davis, County Judge Hooks,Wayne Precinct 1 Paul Knox,. Precinct 2 Joe Malak, Precinct 4 Morris I. Waller, Murray Brown, at large, Position 4 Wayne gle, Ward 2 B. Larry Dickens, At large, Position Delora King, Ward 4 Goree Mcd1otbau^ Ward 3 Jack C. Parker, Ward 1 Jim McAlister, City Manager Members absent: �{Ah~DaGbow, City Secretary May 23, 1978 Curtis Ellisor, Precinct 3 The City Manager, Jim McAlister, celebrated his 1st 39th Birthday thisdate' Larry Corley, at large, Position 1 Bill Hodges, at large, Position 2 The meeting was called to order by the Honorable Morris I. Waller, Mayor. City of Huntsville --Morris I. Waller, Mayor The Mayor inttoduced the subject matter of the meeting as being problems of mutual interest which require joint resolutions by the two governmental bodies. He indicated it was an historic meeting as it may be the first tinw the City and County have met together in an effort to address answers to common problems affecting both entities. Mayor Waller then ed theform of government in the City and its ities within' its governing jurisdiction. Mayor Waller indicated this was an informal meeting between the City and the County and one of several meetings anticipated in the future. County of Walker --Ralph Davis, County Judge The Judge presented an organizational background the County. He said the limited specifically to those set out in State law, He said the Commissioners Court has no rule-making authority. He described the roles of the Judge and Commissioners Court. JAIL STUDY—KEN MORRISON, BERNARD JOHNSON, INC. County Judge, Ralph Davis, told those present that the County applied for Phase I Jail Study through a federal grant and were ged the funding. He said Bernard Johnson, Inc. is performing this phase. He said d Phase II was also applied for through HGAC and its fundingis also anticipated. Phase II, he said, is for architectural design of the jail whereas Phase I is a study of the needs for a jail. Davis then introduced Mr. Ken Morrison of Bernard Johnson, Inc. who then presented the procedures-''-- full Judge-studyo the Phase I in gathering data to support the need for a jail in Walker County. He presented a prepared collection of charts and graphs to illustrate the findings of the study to date. He introduced his associate, Mr^Jim Sarter, who is in charge of the planning phase of this project. Mr. Morrison emphasized hat the data presented todayerc''prelimiumry'/ data, yet unreviewed by the Commissioners Court. He then high- lighted the salient features of the existing findings. Mr. Morrisonreported that over a five year period, the prisoner population ranged somewhere between 1,300 up to nearly 2,200 prisoners on an annual basis. He said the jail capacity is 22 prisoners at this time. Be reported DWI and public intoxication charges lead the list of reasons for jailing, accounting for nearly one-half of the total arrests for Walker County. He said other misdemeanor type arrests raises the figure up to about 80 percent and felonies are a small percentage of total arrests in the County. Some criminal justice experts would recommend considering a"detoxification center" in lieu of putting alcohol abuse cases in jail, he said. However, he said the county would need someone to supervise a facility like this. He said it could be done on a volunteer basis if that could be arranged. The other alternative, he said, is to publicly fund such a facility. He said the final alternative is to put the abuser in the drunk tank at a jail.He said either way,the County needs someone to supervise him and the logk cul consider- ation here is to take him to jail. This is what is being done in Walker County, he reported. Mr. Morrison said Phase I of the jail study should be completed by early July, 1978. He said Phase II, the architectural design, construction drawings, etc. praupplicutiou from the County has been approved and budgetary funds are established for this year. He said some time before July, the Eouoty has to submit the final application. He said all indications are that the Criminal JusteDivision will fund at least a major portion of the $70^000 t Phase II jail study. The County will have to provide somewherebetween $40,000 and 6 RalphDavis.$60,000 at that time, reported�County Judge 0uv Ralph Davis told the group a ]mil is badly needed because at times there are 30-40.prisoners ooars iu the 22 - bed facility and the greatest ooubmr held in jail wusllS, according to Sheriff White. He said if Walker the prisoners, Couuty cau no longer housethey will batalideuto another county and the other county will then bill Walker County whatever they desire to provide this service. He said Walker County must have a jail. Be said the present facility is far below jail standards and there is no choice but to build a new juil He said the County may build a J.P. Court in conjunction with the jail where a magistrate can be in a Court^ and set a bond for the prisoners, which function is not now available due to space limitations. Sheriff White indicated he is understaffed in the jail and uses the dispatcher as a jailer. He said there are no facilities for juveniles or muu*alecuooa^ and no padded cell is available. He said by jail stand- ards, misdemeanors should be kept separate from felons and first offenders should be separated from multi- offenders."said He there are about 15 different classifications you could have at any one time. Mr. Morrison h provided said a sufficient number of single occupancy uolls should � �rov to take o uare of these classifications (one cell with one bunk). Judge Davis was optimistic .about- getting a 50 percent grant. from the Criminal Justice Department and the remaining 50 percent would have to come from the people in a bond election. Mr. Morrison indicated as to,where the arrests came from, that during the period 1977-1978 statistical sample, which is about 39-40 percent of the total arrest reports for that period of time, it was projected that 50.4 percent of the people arrested .had Wacker County .addresses and about 49 percent of them did not. He said most of the 49 percent came from surrounding counties, some from Harris County and out of state. Also, Mr. Morrison reported about 42 percent of the arrests were by City officers of the total arrests in Walker County. He said this data projected shows that in the year 2020, the City jail population 011 an annual basis will be about 4,000;- the County jail population will beapproximately9,000-10,000 annually (based on population projection figures from the University of Texas Population Research Center). Mr. Morrison,.presented information on prisoner days. He said the total number of day served by someone in jail, taking all prisoners and number of days that each one of them served and adding them together, he found that the total prison days will be approximately 28,000 days by the year 2020. He said by the year 2000;, there will be somewhere between 12,000 to 16,000 prisoner days spent He said Cit 'ail 'o.ulation is projected on that same basis to be 5,000 prisoner days in the year 2000 and 12,000 total prisoner days in the year 2020. As to jail population, Mr. Morrison reported most:. of the arrests in Walker County are adult males. He said in the year 2000, 50 beds will be needed in the County jail for an average daily need (not peak). In conclusion, Mr. Morrison said if the County is indeed going to build a jail for a 20 year usage, it should be built for an average population of somewhere between 40 and 50. He said the peak population figures have not been computed, but he estimated it will be somewhere up to 7.5 persons. in jail at any one time to still stay within the jail standards. Morrison reported a conservative jail will.;average in cost about $25,000 per bed. He said if you take an average jail population, or take a capacity of 50 prisoners at $25,000 per bed, that will give you an idea of what the cost of the facility will be. He said it will probably cost $2 million for a 100 prisoner jail and a 50 prisoner jail will be somewhat bwer, but not half because there are some basic requirements of a jail that have to be included in a jail according to jail standards. (Morrison's data are on file at City Hall.) COUNTY PRECINCT AND CITY WARD BOUNDARIES ." -Mayor Waller noted that the City and County have problems in their elections as to the confusion on where persons should vote in the ,various areas of the City. Adele Simpson, former City Judge, indicated in 1974 she participated in a study of dividing equally the city's population into four wards to comply with the Supreme Court Ruling, and still keep the four County Commissioner's areas equal. She said the problem was also addressed as to where people should vote._and it was arranged so that the voter registration cards would show the precinct or box number for, both city and county residents to know where to vote in each precinct and ward. The plan was presented to the Commissioners Court but not adopted, according to Commissioner Wayne Hooks. Judge Ralph -Davis indicated in July or August of 1978, the County can and will initiate action on chang- ing the precinct lines. He said under consideration are the following changes: Inside City Outside City Outside City City Hall Cooksprings Baptist Church Pine Prairie' Baptist Church Inside City Outside City (Elkins Lake, Possum Walk) Outside City (Big Sandy) Outside City (Hwy. 30) Hopewell Area Education Service Center Area Recreation Center felt the.most efficient procedure is a joint landfill operation, -.operated by the City and County that serves the needs of all of the people. County Judge Ralph Davis suggested that he would like to se'e-a way that the County could lease acreage from the U. S. Forest Service for a County Landfill area. He said when the area has been consumed, it could then be planted back -to pines 'and another section o-f.land, say five more acres, could be leased to the County. He said the County would use contract haulers who would have the responsibility of that landfill and in hauling:the refuse to it and covering it. In approaching the Forest Service with this proposition, Judge Davis.said they responded favorably, in- • dicating they would be glad.to work. with the County. He said the Forest Service would, however, require daily coverage. He said at this time,., the County has no way to cover it daily. He wrote to Charles Wilson who indicated a variance could'be given to the County for this type of activity. Judge Davis said a representa- tive of EPA planned to visit with the judge, about this matter last year, but as yet has not -done so. However, Judge Davis felt the U.:S. Forest Servicewould work with ;the County on this idea. Judge Davis suggested that in order to save the City's landfill from early depletion,perhaps TDC and some other large haulers could Mayor Waller noted that the City needs daily coverage of its landfill and that itcomes under the regula- tions of the Texas State Department. of Health. He said these regulations do not govern counties. He noted the City is using land in the landfill at the rate of 42-5 acres per year. He said the leased 5 acres from the federal government would not last the City very long. Gene Pipes, Director of Public Services, said about 25 percent of the total incoming refuse to the, landfill is attributable, to the two state institutions. Commis; sioner Wayne Hooks said then -the -City could save an acre a year if the state institutions dumped their garbage somewhere else. Mayor Waller said he did not wish to see a duplication of manpower and machinery in having two landfill operations. He said getting a landfill application is also a very difficult problem and that it takes 2-3 years just to get a permit. He said it is difficult to tie land down that long for the State Department of Health to approve the permit, having its hearings, etc. Gene Pipes then showed the group a map:of.the landfill area and pointed out those sections of the area that were already consumed by garbage. .He said part of the landfill site contains porous soil'and the City is not permitted to use it _for buiying garbage,. He said any site chosen for a landfill has to undergoa tre- mendous engineering study for percolation tests, borings, to ascertain whether this leaching is going to contaminate the subsurface water supply. He said surface runoff, etc. have to be talon into account for engineering studies and for ecological and environmental reasons to, prevent all this from happening. He said this is a 160 acre site and only 120 acres of it are usable. Mr. Pipes noted that any site receiving munici- pal solid. wastes would collie under the ,TDH regulations. He.said he could not say this with certain authority, but he said it seemed to him that the books state this. Mr. Pipes indicated there are approximately 50-60 acres remaining in the landfill which will last another 6-7_years, or ten years, not accounting for growth. Mayor Waller said we need to reach some kind ofjoint solution to the landfill problem. . He said if -the City of Huntsville made their landfill where only citizens of the City could dump their garbage there, that would cause severe problems for the residents of the County. He said the best solution for the taxpayers of the City and garbage producers is to work out some kind of joint arrangement between the City and County so that the expenses are shared in some equitable manner between both entities. He said it needs to be a larger operation and one that is more independent in. its costs sharing. He said the landfill and the landfill ser- vice is nothing but a public utility in itself, like the water and sewer department --it needs to stand on its own feet and in order to do this it must pay for its amortization of. land, depletion of the land requirement, personnel required to operate both the landfill as well as amortize the machinery and the equipment necessary to operate that landfill. Mayor Waller said the landfill operation would be financially better managed if it were contracted to some independent contractor who would charge everyone that uses it fairly. He said the problem there is land. Hesaid.it is a hidden cost 410W that, is not being considered in the operation of the landfill but which the City must consider because, as you can see, he said, the land is being depleted rapidly. Mr. Waller said if the Forest Service will lease the land to us, that is a wonderful idea/solution be- cause the Forest Service has vast acreage in this County from which we derive very little. benefit. He then suggested a representative of the Commissioners Court, the County Judge, and<a:City Council representative and himself relate to the proper Forest Service official (Mr. Charles K. Sigler), or to whomever is necessary. Judge Davis said he would see about setting up an appointment for this purpose. Inside City Outside City Outside City Outside City Outside City Emancipation Park Building Methodist Church on Hwy. 19 Kittrell Dodge Riverside University Heights Baptist new location New Waverly Masonic Lodge Phelps Church Goree Recreation Center • EMERGENCY MEDICAL SERVICE (EMS) AMBULANCE SERVICE Mayor Waller then introduced the next topic as being one we are all proud of and stated it is one of the finest services existing anywhere. He went on to. commend it highly. He said, however, like anything that is good, it costs money. Judge Davis indicated the effective date for any changes anticipated would probably coincide with the County's normal registration requirements in odd numbered years. He indicated it is planned to list the precinct/ward numbers on each person's voter registration card, as 1, la, 2, 2b, etc. so that it would be clear where that person would go to vote. He said this would cost the County about $5,000. He said the County plans to initiate something this summer, however, he said the 1980 census may change things again. J.im McAlister, City Manager, indicated University Heights Baptist Church has requested the City change their Ward 4 polling place from this church to another location. He said with the Judge's outlined plan, we only need to find a common polling place in Ward/Precinct 4. According to Jim McAlister, City Manager, the present problems are as follows: 1. Should the City and County reassume the operations of the EMS because the hospital wants to charge them $15,000 per year in indirect costs? 2. When the hospital moves to its new location, where will the EMS be housed? (Although there are no facilities planned for. EMS at the new hospital, the hospital feels it is important for EMS to remain at its present location (old hospital) until the hospital moves.) Mr. McAlister indicated that if the City and County take this operation back, theyaimust determine h operation can best be supervised on a daily basis. He suggested some alternatives: 1. Consider assigning its supervision to Sheriff White, or the City's Director of Public Safety, C Gail Burch. 2. Consider continuing the city -county group's supervision of it. This group would be required -to meet more often. McAlister said whatever the group desires to do should be formalized today as vision. Mayor Waller indicated the City is covering up land much faster than it had anticipated at the Landfill and equipment costs of landfill operations have skyrocketed. He said the land is quickly disappearing. He Jack Parker, Councilman, Ward 2, noted the liability and obligation for the ambulance service belongs with the Hospital District. Mr. McAlister said they have not closed the door to assumingthis function, but ! ,they '------ until -they ~ facility . g reconsider.nd,,,find nut- what some of their expenses are ; going to be related to indigent care, and ul futuredat when theyb little ' better feel for what their financial picture is going io be. McAlister noted they have a tax limit of 75 cents:and they were concerned that they might approach this. Mayor:Waller aaid the best approach.seems to be to have ajoint committee (City and County) continue to supervise the operation as has been done in the paSt and keep it under a unit antity and not put it under the 1!1 City or the. County directly, with the objective of continuing to get"the 'Hospital District tO assume this 1 operation. M�rWaller �� suggested the �����t� unpaid EMS accounts. The City's Director of Internal Services (and Finance), Van VanDovar, said these actudi no tntbe utility billing computer program. He said the City does plan tocootioueto-handle the accounts receivable billings. one- time, cost. He said his people spentS 75D:bills this time:"' He said they were administer- ing the collections between themselves and Dan Brown. He said there are about 850 outstanding accounts tntul-U 1975 The general conclusionswerethat the two entities Were in favor of the joint meeting concept. County Judge Ralph Davis reiterated that le understood he is to sati meeting with Kelly Sigler of the U. G. Forest Service regarding the landfill iJou��Bod Said he ��vld~do��io`a�thoo contact the Cityabout the arrangements. Mayor Waller thanked the Commissioners and he hoped this would be the first of many more meetings where the City and County to talk about their mutual problems in an effort to work outthe best solutions for munity. He then welcomed the audience and media representatives to be with them for in this historic meeting officials can sit down the taxpayersof thecom- these meetiugs' Mayor Waller suggested asking -Mr. McAlister, City Manager, .and Art Giroux, County Auditor, to supervise the EMS through Mr. Dan Brown, under the guidance of the continuing .coMmittee until some better program can be worked out. He said he was sure neither the City nor the- County was ready for any permanent arrangement of that program within their structures at this time. He said it is a very massive job in operation and coordination and Mr. Dan Brown does an excellent job of that. e Ralpha� said by thesefunctions,the County and City will save $15,000 that they will not have -to pay the Hospital. He said we could take just anortiuu of that to pay for the stamps, etc. needed to reimburse VanDever's oDorution. City Councilman Murray Brown felt the new location should be addressed for the EMS that would be central in location. Be suggested this joint committee should be charged with this planning. Those present were invited to stay for dinner at the Criminal Justice Center as guests 6d the City of Huntsville. Respectfully aubmitted, ut De haw, City June 5, 1978 After some discussion, it was mutually agreed by Judge Davis and Mayor Waller that Jim McAlister and Councilwoman Delora King would serve on the committee representing the City and Art Giroux and Paul Knox (Knox as Chairman) would serve on the .opmmittee representing the County, to oversee the EMS operations. Mr. Knox accepted the chairmanship. Mr. Waller asked that this committee report intermittently, at least quarter- ly, on the operation of the EMS, as tb its status, billings, payables, operating expenses and operating income Mayor Waller said the City and County are anxious for the Hospital District to assume the EMS responsibility, however, so far they have declined to do so and the City and County have no legal means to require them tO do so. He said until the Hospital District is in a position to do this, the City and County have no choice but d to continue to operate it. He said they will continue to explore the Hospital District's assumption of this 8 Mayor Waller related to the increasing expenses of operating a fire department in its relationship to . | fires outside of the City. Jim McAlister presented an analysis of fire service calls over the past five years!' along with a total cost of operations for those years. Be said the budget in Fiscal Year 1073-1974 was | $47,033 compared to Fiscal Year 1077-1978's $115^292, He said the City presents this information in an appeal) to the County for a broader participation in these costs. ` | Mayor Waller said the City is aware of thebodgot limitations of the County and the City knows also that '! any effort on the part of the County to have its own fire department is a duplication of expenses of govern- mental uuits that is unnecessary.' He said we must work out a system where we have a greater participation , by the County in the Fire Department's budget. i! ' !! ; County Judge Ralph Davissaid the County is contributing (last year) $15,000 to the Fire Department's b --"'t' He saidit icontributing about ls�arceot of the total cost, which is on groat percent. He said | | the County still has limited budgetfacilities and it is working on the budget now. He hoped it can come up | withsomo additional money. He said the Cnnoty.muy have to increase the taxes somewhat, but not much, this year.He said he hopes in a few years to do better than they are doing now. He asked the City for a little ( ;: time. Paul Knox, Commissioner of Precinct 2, said the County hopes to increase gradually its contribution \ to the Fire Department budget until it can get the contribution up to where it should be. He said unfortun- ately (| Mayor Waller asked the County to give some serious considerations to the need for the City to have about percent participation - beginning a completely of reach and it is a very substantial increase from what the City has now. Mayor ! Waller said the City and County will be discussing this topic further as financial pictures become available in hopes of a gradual increase by the County to the 50 percent figure. , Mayor Waller asked the Commissioners and Council to give this more thought and maybe get more ideas in that direction for the next joint meeting. Councilman Jack Parker asked that it be the first topic on the !� agenda and that the balance of the meeting be spent reviewing the progress on the items discussed during this meeting today. Councilman Dickens asked that the City Planning Commission assist in planning for this agenda. i! ' « Waller t d the City Council and County i consider the possibility of having this ( a quarterlyk�is, maybe onu specific date, quarter, etc., 11 so'that the peola that are associated with it can plan for a specific date and create agenda items and to follow up on things that were discussed earler. County Judge Ralph Davis agreed with this plan. __________ MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TB DAY OF JUNE, 1978, IN THE BU0TGVILLS CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M, IN 8UNl3VILLE, WALKER COUNTY, TEXAS, AT 7:00 P.M. with the following members Morris I. Waller, Wayne Daigle E. Larry Dickens Delora King Goree McGlothen L -W -B Construction Pit Construction Company of Lufkin Dean 4 Keng Paving Company of Giddings Brown & Root, Inc. of Houston 164,151.55/ $171,700.40 $189,260'90 $195,905.55 He indicated the bids were placed on the alternaterecommended accepting �i the low bid from l,H-n Construction Company, Inc. of io the the.amount of $164°151.55. He indicated this com- pany was very competent and responsible and is presently working in the area. Mr. McDaniel indicated Phase III consists of placing the base material and surface material on the ex- tension of the runway. The lighting bid, awarded some months ago for *15,000^ will be included in thb`9buso III work. He said also included in this phase will be the marking of the runway and the necessary seeding in the area. He said there is no apron work included in Phase III. It was noted the City has received a $200'000 grant from the Federal Aviation Administration for this wnrk.aud that all but a few thousand dollars would be used to complete this Phase as outlined, above ($164,151,55 for runway base preparation, paving, seeding and marking; $15,000 for lighting; engineering and inspection, $35,000 = $214,151'55' Grant amount $200^000 plus City's 10 percent contribution of $20^000 = $220,000, $220^000 - $214^151,55 = $5,848.45 con - The meeting was called to Councilman Bill Hodges. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the meeting of May eration. Councilwoman King moved to adopt the minutes as prepared All were in favor and the motion passed unanimously. 1978, to the Council for their consid- Councilman Dickens seconded the motion:' Councilman Dickens movedto award the Phase III:cootruct bid -to L -W -B Construction, Inc., of Conroe in the amount of $164,151 55: subject.to`Rk& Couucilmbn'Bodges seconded the motion. All were and the motion passed UnaniMoUSly: Mayor Waller advised Mr. McDaniel that as soon as thisiroject is completed we want to work on the two inch asphalt overlay as a finishing touch, to be referred to as Pbas.e IV. Jim McAlister, City Manager, said on May 25, 1978, bids were received and opened for the purchase of 775 feet of fire hose and assorted attachments. He then listed the bidders as follows: Fire Fbx Corporation of Hustone Jaffrey Fire Protection, Inc. of Jaffrey New 8umpsbire $5,743'00 $5,122.00 (alternate) $4,999.31 CONSIDER LETTER OF ENGAGEMENT FROM HEREFORDLYNCH FOR AUDIT OF FISCAL 'YEAR l977 -l978 Jim McAlister indicated the letter of engageMent representsthestandard.offering by Hereford Lynch and that they have done this audit for the last 'three or four years. . He.said,tbeir fees are as follows: A Mr. McAlister said it is the recommendation of the Purchasing Division and the Fire Division that.the low bid submitted by Cluucie $4,999.31 be accepted as the best and most responsible bid. He indicated i! general contingency funds in the amount of $6,675 were appropriated by the Council this purchase on /| March 28, 1978. !� to accept the low bid of Claude.Wright sec- onded the motion' All were in favor and the motion pas -sed unanimously. a. monthly accounting services, $4°2year, y Yable at rate of $350 per month. b. the annual audit at regular per diem rates, estimated to be $12,000 or less. c. and any additional services at the regular per diem rates. then recommended the Council once again engage the firm of Hereford Lynch. Councilman Dickens moved to retain Hereford Lynch .for the: annual audit and Councilman Hodges seconded CONSIDER APPROPRIATION OF $500 FOIOHE JULY 4 FIREWORKS DISPLAY Mayor Waller noted this had been discussed in the last work session of the Council when Dr. Jerry Etbetedpe, local veterinarian, approached the Council with the request for funds to present a fireworks display at the Kate Barr Ross Memorial Park on the 4th of July. He asked the Council to consider funding in the amount Councilman McGlotbeo moved to tbi �timu o� �SO0 �ur u f1rewor�s uzsT Dickens seconded the motion. All were in favor of the motion and it passed unanimously. CONSIDER UTILITY EXTENSION REQUEST FOR MELVIN SMITH Jim McAlister indicated Mr; Melvin Smith has requested the extension of aritwo inch water line to a pro- yosau house on Watkins Street. He said the extension will be approximately 70 feet. He said if the Council decides to participate, the cost. to the City.will be approximately $78,75. Be indicated the total coSt.£or the 70 feet of two inch waterline installed is $157.50. CouncilMan Dickens moved, to participate in this utility extension in the amount of $78.75. Councilwoman King saconded.the motion. All were in favor'ond.the motion passed: unanimously. AUTHORIZE ISSUANCE OF CERTIFICATES OF OBLIGATION TO PURCHASE COMPUTER Jim McAlister, City Manager, indicated at present the City is leasing the computer for $2,300 per month. He said the City has had theinstalled and has successfullymade the conversion to the computer equipment of the payroll, budget and accounting systems, and the tax program and utility billing are in progress. He |! said it is the City's opinion that the hardware is working very satisfactorily and it can avoid the further |� costs by purchasing the equipment. Mr. McAlister then offered for the Council's consideration amortization periods of three and four years for the $65,806 computer. He said bids financing the computer have been received from Huntsville National 8uo� u� 6'� �aruao� aod from tba Amoricun 8uo� ut 6.875 percent. �| After some discussion, it was decided to make a downpayment on the to finance $40,000 for three years,half of the $25,896 to come fromthe Water and Sewer Contingency Fund ' remainigg half from the General Fund Contingency Fund. computer in the amount of $25,896 Councilman Bill Hodges then formally moved to purchase the computer and to finance it by making a down - General Food Contin enc and payment of �J5,B9h^ bal to finance the remainin interest rate on the certificates of obligation from Huntsville National Bank. the motion. All were in favor and the motion passed unanimously. CONSIDER FOUR-WAY STOP AT INTERSECTION OF BOWERS BOULEVARD AND SYCAMORE Mr McAlister indicated there i proaching the intersection cannot see oncoming traffic on Sycamore. For obvious safety reasons, he recommend ed that a four-way stop be set up, complete with advance warning signs and flashing units. He indicated Mr. Don Johnson of Lockwood, Andrews and Newnam is currently doing a comprehensive traffic survey of the Huntsville area and the intersection of Sycamore and Bowers Boulevard (20th Street) is included in this study. He said sufficient warrants may be found to meet signalization criteria, however, we feel immediate signalization is warranted due to safety considerations. Councilman Dickens moved to adop, the recommendation of the City to install stop at the inter- section of Bowers Boulevard (20th Street) with Sycamore. Councilman McGlothen seconded the motion. All were in favor of the motion and it passed unanimously. Sycamore Street Railroad Crossing Mayor Waller suggested the City paint a large "D' on the highway just prior to the railroad crossing as an additional warning to vehicles at night, who may overlook the railroad crossarms, which are not clearly visible. Cquouilmuo Dickens suggested approaching the Railroad representatives about the at this location. Councilman Dickens then moved to authorize the issuance of the certificates of obligation for the $40,008 and Councilman Hodges seconded the CONSIDER BIDS ON PHASE III AIRPORT PROJECT Consider Resolution � Truck Traffic in Forest Hills � RESOLUTION 78-8 RESOLUTION DESIGNATING EASTHM LANE AND CROSSTIMBERS STREET WITHIN THE CITY LIMITS OF THE CITY OF PNTSVILLE, TEXAS, AS RESIDENTIAL STREETS AND PROHIBITING THROUGH TRUCK TRAFFIC THEREON. 4r11. /4WP4° It was noted the resolution does not define what is meant by "truck". Mayor Waller suggested perhaps some truck weight limitations should be included in the resolution so that pickup trucks would not be prohibited as many people in Huntsville use pickups like family cars. It was noted the request was to prohibit large cattle trucks or 18 wheelers from traversing the neighborhood. After some discussion along this line and the problems of enforcement of sucli a resolution,'the Council then decided to approve it. Councilman Dickens moved -CO adopt Resolution No. 78-8 as presented and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. Ordinance Amending Fowl Running at Large MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD; ON THE 27TH DAY OF JUNE, 1978, IN THE CITY HALL COUNCIL CHAMBERS,LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 7:00 P.M. The Council met in a regular session with the following members present: Morris I. 'Waller, Mayor Murray A. Brown - Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen AN ORDINANCE AMENDING ARTICLE III, CHAPTER FOUR, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY AMENDING SECTION 4-40. Mr. Haney indicated the section is amen.e. o e ex en a 1 .oes not apply to a swan or swans locate within Sam Houston Memorial Park within the limits of the City of Huntsville, Texas. Councilman Dickens moved to adopt the Ordinance as presented and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. ADMINISTRATIVE REPORTS --JIM McALISTER Texas Aeronautics Commission Meeting --Airport Development Jim McAlister presented a report' on the meeting held in Cleveland by the on airport development. He said the Texas Airport System Plan was. identified requirements, area economic conditions and projections, availability of state factors that may influence the need for or timing of airport development. He the progress being made at the Huntsville Airport. Texas Aeronautics Commission as well as airport maintenance and federal funds and other said the TAC was pleased with The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman Goree McGlothen. CONSIDER THE MINUTES OF THE PREVIOUS. MEETING. Mayor Waller presented the minutes of the June 13, 1978 meeting to the Council and asked for their approval. Councilwoman King moved to adopt the minutes as written and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. The minutes of the City-County°Meeting held on the 5th day of June at the Criminal Justice Center were then presented to the Council. Councilwoman King moved to adopt those minutes and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. Liability of City Officials revealed .his concern about the liability of city officials for various actions taken by that governing body. He said the question is presented because of his concern that some one may be injured at the Kate Ross Memorial Ball Park by foul balls falling into bleachers occupied by persons watching games on one of the other fields. Mayor Wallerasked the City Manager to investigate the various insurance coverage available. McAlister reported there is one policy available through Unimark-McDonald out of Dallas, but it is the opinion of former City Attorney, Martin D. Colley, that it would not afford the coverage the City would be interested in. He said, however, that further review is probably justified, and he indicated he would explore it further. Dr. Dickens asked Gene Pipes, Director of Public Services, to provide the Council with figures for possible expenses related to improving backstop capacity at the large baseball field at Ross Park. Mayor Waller asked the Council to remain for a brief executive session. Ruth DeShaw, City Secretary June 13, 1978 REPRESENTATIVES OF BERNARD JOHNSON, INC. AND THE TRA TO DISCUSS COST OF SURFACE WATER TREATMENT PLANT Mayor Waller then presented Albert'Hall, Project Manager, TRA, Arlington; Dennis Baker, TRA, Huntsville; Doug Werner and Jim Keller of Bernard Johnson, Inc., Houston. Mr. Baker told the Council the revised preliminary engineering report has been prepared and that the cost estimate is now $12 million for the total project. He said TRA anticipates asking the Water_Development Board to issue additional bonds for the completion of the project. He said bids will be awarded subject to Water Development Board approval and the commitment of additional money. Bids_are scheduled to be awarded in July so that construction can begin as soon as possible, he said. He said TRA will be back to the Council for approval of the necessary bond resolutions in August or September. Albert Hall said the bids on the remaining five contracts to be awarded on the project will be opened on the llth and 12th of July (three pipeline contract, one for construction of the intake structure, and a telemetry contract). Mr. Hall said the bid of $897,600 from Natgun Corporation for the contract on the 3 million gallon storage tank was a good bid. He said he understands this contractor- is very knowledgeable in this type of construction. (Note: R. B. Butler, Inc. of Bryan was low -bidder on the construction of the surface water treatment plant at $3,630,650.) Mr. Hall said the only checking TRA does on the bidders is to see that they provide the necessary bond and meet all of the requirements set forth in the specifications. Mayor Waller asked Mr. Hall to check the character and previous work record of the successful bidders in all cases on this 'project to insure the City gets a suitable job done. An August 1 date was noted by Mr. Hall as being the starting date for construction on this project. He said all bids should be in by July 18 at which time TRA will advise the Water Development Board at their Board Meeting of the results of the bids. He said they can at that time release funds to allow TRA to begin the contract work. The five main contract bids to be opened on July 11 will be awarded the last week in July, he said. He said the pipeline contracts are fixed unit bids. He said the plant contract was the lump sum bid and certain items which were felt may be needed were bid on the unit cost basis (extra concrete, etc.). He said estimated completion of the entire project is May 1, 1979. Mayor Waller congratulated Mr. Hall on the expeditious handling of the project. He noted inflation played a role in the escalation of the price along with the addition of various equipment. He said the only redeemingfactor in this cost increase is that the City is doing this now and not years from now. Councilman E. Larry Dickens noted his considerable disappointment and displeasure over the fact that this project has become as expensive as it has. He said when the City contracts with specialists, ex- perts, engineers, whatever, it fully expects the very best its money can buy; however, he felt these experts could come closer than missing the cost by 100 percent. Doug Werner noted inflation in the heavy construction area contributed mainly to the price escala- tion, as well as a few concept changes. He said operations and maintenance costs increased because of per- sonnel, supplies and power. He said a few years ago power was l$ per kilowatt hour and it is now 3¢ per kilowatt hour. These are the main causes for the cost going from $224,000 to $336,000. He said he would get the City Council a copy of the detailed engineering report soon. JENNY MARCOTTE OF THE WALKER COUNTY HOUSING AUTHORITY Jenny Marcotte then informed the Council about the Walker County Housing Authority's work in the community. She said it helps the elderly, handicapped, disabled and low income families find and obtain suitable housing by subsidizing rent. She said it is a rent subsidy program dealing strictly with owners of the rental structures. The program was initiated in August, 1977 with 100 units to lease out by June 30, 1978 as a part of the Housing and Urban Development Program. She said this goal will not be met and she is here to ask for help to find qualified people. She said another 50 units have been given to Walker County effective July 1, 1978. She said this is the final allotment and this 150 units can not be exceeded at this time. She said there is also a program for house repair from the Gulf Coast Community Services to help low income homeowners weatherize their homes and for general upkeep. She described the program to the Council in..detail and asked for their assistance in locating per- sons who would qualify for this assistance and referring them to her. She said their offices are located at 701 Avenue' M and their phone number is 291-3306. CONSIDER RESOLUTION OF COMMENDATION FOR CHAMPION INTERNATIONAL Councilman Dickens moved to adopt Resolution No. 78-11 and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE AUTHORIZING THE PLACEMENT OF STOP SIGNS ON EASTHAM LANE Jack Haney then presented a resolution at -the request of the Council designating that the intersections of Morris Waller then introduced Mr. Don Taylor and Mr. Jim Shaw of Champion International, Inc. He said they have volunteered to provide heavy equipment to bulldoze the airport area to complete the easement clearance necessary to meet FAA requirements for the completion of the airport project. He said Champion International performed this work for the City as a public service and he wished to commend them for their fine assistance. He then presented a resolution of commendation to them from the City Council. Councilman Dickens moved to adopt the resolution as read and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Jim McAlister., City Manager, indicated Dennis Peters has requested a utility extension for a two inch water line for approximately 110 feet to a residential lot inside the City limits, located at 1316 21st Street. He said if the Council decides to participate in the proposed extension under the provisions of the Utility Extension Ordinance, the cost to the City will be approximately $609.63 to cover the cost of oversizing to a six inch line. He said the total cost is $782.91 and the cost to the property owner is $173.28. McAlister informed the Council that the balance available in the Water and Sewer Contingency Fund is $32,338.20. Councilman Dickens moved to participate in this utility extension request in the amount of $609.63 and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Walker Byrd Building Materials Jim McAlister said Mr. Watson,.representing Walker Byrd, requested a six inch water line with fire plug from the existing line to Walker Byrd's new site (1,185 feet). The City wishes to install an eight inch line to Highway 75. The total cost is $10,377.50 with the developer's cost being $5,063.55 and the cost to the City being $5,31.3.95. McAlister said the cost is high because the City will have to go under I-45. He said in 1950's when the interstate was being built, some casings were put under the interstate. Boyd Wilder, Director of Public Utilities, is checking to see if the eight inch line can be inserted through the old casing, he said. Mr. Wilder indicated the casings have been located, however, it has not been determined if they can be used. He said the maximum size line that could be inserted into the casings is -an eight inch line. Councilman Brown moved to participate in the water line extension for Mr. Watson of Walker Byrd subject to the casing being available to insert the line under Interstate 45. Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTlON AUTHORIZING JACK HANEY TO FILE SUIT AGAINST RUSTIC PINES MOBILE HOME PARK. OWNERS Eastham Lane and Magnolia Way Eastham Lane and Royal Oaks •Eastham Lane and Willow Bend • streets within the city limits be designated as stop intersections. Jim McAlister indicated the Planning Commission considers Eastham Lane as a residential street for the Forest Hills Subdivision rather than a through street and it feels the request in the petition presented to them from area residents for stop intersections on Eastham Lane should be so honored. Mayor Waller disagreed strongly that this street is a collector street for Forest Hills. He said it was not designed as such and is not to serve totally that purpose. He said the City paved 75 percent of the cost of the street of Eastham initially to go from the feeder road of the I-45 to Highway 75 as a through street. He said while it serves the Forest Hills Addition, it is also a through street in that area: Likewise, he said Crosstimbers is a through -street from I-45 to Normal Park Road and while it serves Forest Hills, it was not•designed for that purpose only: He. said these are not, in his judgement, to be considered collector streets (residential); for that subdivision and that they -are through streets no different. from any other through street, i.e., 22nd Street, Avenue S, 16th Street, Boettcher's Drive, etc. in which the City participated in the major part of the cost. The Mayor went on to point out that a street that relates to a subdivision is paid for by the subdivider. He said Hickory Street, -for instance, is not a collector street for Forest Hills, it.was not built for that purpose, however, it was built for expediting traffic in that whole area. Although Mayor, Waller had no particular feeling about the stop signs, he felt that since the Planning Commission had apparently evaluated the situation very carefully and after their careful analysis has determined the stop signs are desirable, then he certainly would support their recommendation. However, he said if part of their consideration is the thought that Eastham Lane is•a collector street, then their recommendation should be re-evaluated. Councilwoman King moved to table this discussion until the next worksession. Councilman Dickens seconded the motion. Mayor Waller agreed and suggested the Chairman of the Planning Commission, Mr. Curtis Morris, present the basis for its analysis to the Council. Mayor Waller noted the Council is very pleased with the work of the Planning Commission, however, it feels this matter needs further justification. The matter was then scheduled for the July 11, 1978 worksession for further discussions. Jack Haney, City Attorney, presented Resolution No. 78-12 which would authorize him to bring a suit in the public interest against Glenn E. Vaughan and Richard Vaughan, owners of Rustic Pines Mobile Home Park, for improperly equipping and continuing to inadequately and improperly equip and maintain two sewage system lift stations within said mobile home park.. He said the suit -further charges that the owners and operators of said park are making unauthorized discharges of raw sewage into the waters of the State of Texas. Haney asked the .Council to ratify his filing of this suit. He said he has filed_ suit and the de- fendants are now under a restraining order. He saidthere is to be a hearing on July 3, 1978 to hear whether or not that restraining order is made into a temporary injunction and a hearing held wherein the Judge would make whatever orders are appropriate depending upon the evidence that he hears at that time. He asked the Council to pass this Resolution ratifying his filing of this suit. He said under this particular statute, the suit asks for civil penalties in the amount of not to exceed $1,000 per day for each violation of the statute and that the statute is part of the water code for the State. Councilman Dickens moved to adopt the Resolution ratifying the suit against the owners of the Rustic Pines Mobile Home Park. Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION ESTABLISHING THE NECESSITY OF RIGHT-OF-WAY Texas Department of Water Resources Letter Jim McAlister said the City is following TDWR's technical assistance program advice to bring the North Sewer Plant under compliance with standards of the State. He said the letter from Clarence Moritz of TDWR commends the City in this effort and revealed that due to the good response, it is terminating the Municipal Operations Assistance Program but will continue to offer technical assistance from the District should the need arise. Request for City Property for Rodeo Parking (Old Public Works Site) Former City Councilman, Scott E. Johnson, addressed the Council on behalf of the Toney -Goodrum Grandpersons Center and its 140+ program participants to request the use of the City's ofd public works` site on Avenue F for its use each Sunday during October for rodeo parking. Mr. Johnson indicated several groups up at the University have indicated they would assist the grandpersons with the parking procedure if this request is granted. -He said the funds derived from the effort by the Grandpersons Center would be used to purchase an additional vehicle to transport grandpersons to the Center for activities, and to defray the operating expenses of two vehicles operated by the Center. He said one van can bring in around 50-60 individuals per day to the Center. Mr. Johnson indicated he is a member of the Board of Directors for the Center and serves on the committee for fund raising. He said the various businesses in the City have been generous with the grandpersons in their contributions and he is now asking the City for its contribution, if it will. Councilman Murray Brown then expressed the feeling of the Council toward this request by indicating he would move to accept this request when it is formally presented for Council action on July 18. Councilman Dickens expressed his second of the motion. All were in favor of this motion and the preliminary motion was agreed upon unanimously. Mr. Haney read the caption of the Resolution, as follows: CONSIDER APPOINTMENT OF HUNTSVILLE HOUSING AUTHORITY BOARD Mayor Waller then presented the following board members for reappointment to the Huntsville Housing Authority Board, as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE•, TEXAS ESTABLISHING THE NECESSITY FOR ACQUISITION OF RIGHTS-OF-WAY IN CONNECTION WITH THE SANITARY SEWER SYSTEM EXPANSION PROGRAM AND AUTHORIZING ACQUISITION IN CONFORMANCE WITH THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970; AND ESTABLISHING LAND ACQUISITON POLICY AND PROCEDURES. Mr. Haney described the procedures outlined in the Resolution. He said the City is now asking for authorization to acquire an access road to the plant site, the plant site itself, the 20 foot easement for the main line, a permanent easement and an 80 foot working easement that is across the property on the plant site. He said there is a tract across Dr. Blalock's property, across Buck Thomason's property, and one across Gibbs Brothers' property. He said there will be other tracts later. He said this Resolution covers only the six tracts mentioned. William V. Nash, Chairman Reverend V. A. Haynes - Percy Howard Brian Woodward Winnie Simons G. A. White, Advisory Member 7-1-78 to 7-1-80 -- a two year term 7-1-78 to 7-1-80 -- a two year term 7-1-78 to 7-1-80 -- a two year term 7-1-78 to 7-1-79 -- a one year term 7-1-78 to 7-1-79 -- a one year term No expiration date for term The motion was made by Goree McGlothen and seconded by E. Larry Dickens to accept reappointments. All were in favor and the motion passed unanimously. CONSIDER APPOINTMENTS TO THE LIBRARY BOARD Mayor Waller noted that two terms will be expiring on this Board. He said Mrs. Winnie Sandel's and Mrs. Earle Smither's terms will expire July 1, 1978. He recommended the following replacements subject to the ratification of the Council. Mrs. Juanita Lynch Dr. Thomas Satre Councilman Dickens moved to adopt the appointments of Mrs. Lynch and Dr. Satre to the Library Board for three year terms expiring July 1, 1981. Councilman Brown seconded the motion. All were in favor and it passed unanimously. Scott E. Johnson's Visit to the City Council on June 27, 1978 After a Christmas program at the Grandpersons Center by students of SHSU,Mr. Scott Johnson reflected on the wonderful students at the University. He said those individuals up there have been gracious, they have been very' nice to the Grandpersons Program since its existence. He recalledjust before Christmas they gave them a Christmas Program and that program inspired him to the point that he had to go home that night and write a poem which he said he can't do. He said he thought as he saw those young girls and boys from the University and the old people and everybody there just mixing and mingling and having good fun together. He said he got up at 2:00 A.M. that next morning because he couldn't sleep . thinking. He said a11 of you can look at me and can tell that I was borne and reared back yonder when we had to run like rabbits. And to see these young people, how nice and kind they were, he said he couldn't sleep, so he tried to express himself in a poem, as follows: indicated she has received numerous complaints about Telecable's service in the City. She asked the City Attorney if it would be legal to post a petition at City Hall and at the Court House where citizens could place their signature if they are unhappy about Telecable's service and are interested in the acquisition of perhaps another telecable service in the city. Jack Haney, City Attorney responded that there would not be anything illegal about it. He said the agreement the City has with Telecable, Inc. of Huntsville is not an exclusive grant of the service and if the City saw fit, it could extend the same service to another company. expressed his concern that the City Council has not formally responded to Telecable's request for a rate increase. He requested this item be placed on the next formal agenda. Mr. Haney indicated his latest correspondence from Telecable revealed that the City has received all of the information it is going to receive. He said, however, it did not receive what it asked for. Mr. Haney said apparently the City has all of the information it will have. on which to base the rate increase request and that they should now be ready to take the appropriate action. requested that the rate increase request be placed on the July 18, 1978 formal agenda for final action. Here we are, 60's, 70's, and 80's, aving un, one wit t e o er Playing together like sisters and brothers. Why did it take us so long To sing these Christmas songs? I suppose it was in God's plan To bring us together man to man. Pray God's blessing upon those who thought t To bring us out of the ancient rut. Where "you" were called men and "we" were called nuts. Now, upward as we go, with only God in view, Thinking of Heaven and its waving beauty As we do our daily duty. Mr. Scott E. Johnson Former Educator, Huntsville Public Schools Former Councilman, Huntsville City Council Member, Board of Directors, Toney-Goodrun Grandpersons Center,Huntsville, Texas. Huntsville Community Theatre Group apprised the Council that the Theatre Group is now active and plans call for a production of Sam Houston's life in April,of 1979. She said this group now has a Charter and is meeting regularly. She said grant funds are available for the group and that there is also a possibility of getting funds for art, and music too and perhaps matching funds for the City's HEAP activities. Mayor Waller highly endorsed the fine arts council and their work in the community. It was noted that the City Editor, Gary Edmondson, the Family Editor, Suzanne Staetter, and the Staff Writer, Terry Scott Bertling were representing the Huntsville Item at the Council Meeting this evening. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 18TH DAY OF JULY, 1978 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle William Hodges Delora King Goree McGlothen Jack Parker The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman Murray Brown. CONSIDER THE MINUTESOF THEPPREV{MOUS MEETING The TRA must furnish the TWDB fund manager a certification from its consulting engineers validating water use projections, population projections for both public Anct institutional users to be used for projected revenues for the system to insure they are sufficient to meet the project costs. Mr. Baker said this too is a formality. The TRA must furnish the TWDB fund manager an independent audit of the City of Huntsville's customer account. Mr. Baker said this means an independent auditor must come in to certify the 8,700 customer account the City has. The TRA must furnish the TWDB fund manager a formal commitment from the City of Huntsville not to undertake any major water and sewer .capital expenditure programs except the $1.6 million sewer project and the $2.15 million sewer collection and water distribution project anticipated in its application of the $5.5 million requested today. Mr. Baker said this means the City must furnish evidence that they anticipate no other expenditures other than the possible expansion of the water system and the sewer system in the amount of $1.6 and $1.1 million, respectively, for the proposed systems. He said this means we cannot .lede the revenue that w ... ... Mr. Baker said in the absence of specific board action, all TWDB commitments to the TRA Regional Water Supply System terminate within 360 days after this action if construction is not started. He said construction is anticipated to begin within a month. Mayor Waller then presented the minutes of the meeting of June 27, 1978 for the Council's consideration. Councilman Brown moved to adopt the minutes as written and Councilwoman King seconded the motion. All were in favor and the motion.m Mr. Hall then outlined the costs. on the project as follows: long term delivery equipment and treatment plant CONSIDER UTILITY EXTENSION REQUESTS Jim McAlister presented the request from Laura Irving for a residential sewer line extension for some 140 feet to serve an individual lot inside the city limits located at 1201 Sycamore. The six inch clay pipe will cost $665.00 with the cost to the City $332.50 and the cost to the owner of $332.50. Mr. McAlister indicated the balance in the Water and Sewer Contingency Fund is $26,414.62; therefore sufficient money is available to Councilman McGlothen moved to participate in the utility extension request and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Three million gallon storage tank Jim McAlister then presented the request from Jerry Nemec for a residential sewer line extension for some 220 feet to serve an individual lot inside the city limits located just off Morgan Lane on the east side of the Stuckey and Nemec properties. The six inch sanitary sewer line will cost $1,045.00 and the cost to the owner will be $522.50 and the cost to the City will be $522.50. Councilwoman King moved to participate in the sewer line extension and Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. Range Surface Water Project -- {Nater Development Board Funding Dennis Baker of the TRA -Huntsville office indicated TRA and the Huntsville City Council attended the TWDB's board meeting this date at 8:30 A.M. in Austin to request additional funding to complete the proposed water supply system for the City. Mr. Baker said the TWDB agreed to fund $11,050,000,.to the cost of the project. He said they propose to refund the existing $6.5 million, which was issued in November, 1976, combine that to a new issue. He said TRA accepts this proposal as well as with the City, from the standpoint that we will get $11,050,000 plus $450,000 which has accumulated in reserve funds. He said the TWDB staff did not request nor require a reserve fund for the new issue. In effect then, he said, we have an additional one-half million dollars for cost on the project. He said the most controversial issue of the proposed system was the 30 inch diameter pipeline. He said TWDB recommended a 24 inch pipeline and TRA's engineers recommended a 30 inch diameter pipeline. He said the TWDB did agree to the 30 inch pipeline. Mr. Baker said the intake structure recently bid came in at $1.2 1 estimated cost. He said they have agreed to re-evaluate and consider through negotiations with the successful bidder or to possibly reject j make a recommendation to the TWDB at their next meeting. He said the $1.2 million bid on the intake structure. million which is three times TRA's in light of reducing these costs, possibly the bid and rebid. He said TRA will then new issue of $11,050,000 would cover the *Mr. Hall said the bid on the intake structure may be rebid if it is decided to reject all bids, or the design may be revised to reduce costs. **Mr. Hall indicated this bid can perhaps be reduced because there is the possibility that the telephone company can serve the same purpose from the plant into town that this telemetry would serve, at a much reduced cost. He felt this segment of it could be reduced substantially. He said then the only cost remaining would be the telemetry from the intake structure to the plant for a distance of approximately four miles (at an estimated cost of approximately $30-35,000). Mr. Hall said although there are some variables in the quantities estimated, they would not be in areas large enough to affect the total costs appreciably and that most of the items bid were pretty well defined. Mayor Waller expressed the Council's thanks for Mr. Hall's work on the project. Mr. Hall thanked the Council's for their support. Mayor Waller also expressed his appreciation for the support given.the City and TRA by David Brune, General Manager of TRA, at the Austin meeting with the TWDB. CONSIDER REQUEST OF TELECABLE.INC. OF HUNTSVILLE FOR A RATE INCREASE Jim McAlister, City Manager, indicated because Huntsville Telecable has repeatedly refused to provide the City with adequate financial data, specifically an income or revenue statement, to determine if they are receiving a fair rate of return on their investment, thus making any consideration of their financial condition impossible, he recommended the Council deny any request by the company for a rateincrease until two obligations are met: Mr. Baker said several conditions were placed upon the loan: 1. The approval of the cost by Southwestern Electric and Power Company. He said they are responsible for 50 percent of the raw water facility costs. Mr. Baker indicated this would just be a formality. 2. The loan is also subjected to the legality of transferring the existing reserve fund on the $6.5 million. He said at present $82,000 is in that reserve fund. He said by law this fund can not be freed, however under the new refunding issue of $11,050,000, we can transfer it over into a new reserve fund, allow it to accumulate interest. He said in approximately 22 years we will have accumulated, because of the interest, approximately one-half of the annual debt service. He said this will be the only reserve fund required for the new issue. The City will have to grant an extension of the May 1 deadline in the event that TRA goes to a rebidding process on the intake structure. The TRA must certify to the TWDB fund managers sufficient contract revenues based on a formally adopted City of Huntsville water rates for both public and instituti:'gnal use. Adequate and proper financial data of its Huntsville operation; and to the City regarding all phases 2. Improvements be completed to the system to insure subscribers a service that is uninterrupted except under extreme conditions beyond the control of man. Councilman Parker moved that the rate increase for Telecable, Inc. of Huntsville be denied at this time and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. Comments: Councilman Bill Hodges indicated his support of the motion to deny the rate increase because the service is not adequate; however, Mr. Hodges did not feel the Council should base the granting of a rate increase on whether or not the company is making money. He said if the company is making money, it is perhaps because they are excellent managers and if they are not making money, it could be just the opposite.. He surmised then that if Telecable, Inc. is not making money because they are poor businessmen, it would be wrong on the City's part to reward them with a rate increase because they are not good operators. He did not feel the Council should base their decision on just basic financial information alone. Councilman Jack Parker requested a letter be:sent to the local office as well as to Denver advising them of the reasons for thedenial, areas needing improvements, and the need for furnishing financial data that are income as well as expenditure in nature. He wished the letter to express the Council's willingness to reconsider the request upon receipt of this financial information. Councilwoman Delora King requested that Telecable service be made available to everyone in Huntsville. CONSIDER REQUEST OF GRANDPERSON'S CENTER FOR USE OF OLD PUBLIC WORKS SITE Jim McAlister,.City Manager, advised the Council of Martin Colley's previous opinion regarding the. legality and advisability for the City to pass money through to non-profit organizations such as the youth league, etc. and that Mr. Colley had advised against such a practice. He said Mr. Haney, present City Attorney, agreed with the previous opinion of Mr. Colley, that there might be some legal problem with this. Mayor Waller recommended tabling this request until later in the year in hopes of coming up with a solution. Councilman Brown moved to table the request and Councilman McGlothen seconded the motion.. All were in CONSIDER BIDS ON COPPER TUBING Mr. McAlister indicated bids were received on June 28, 1978 for the purchase of 20 sixty foot coils of 1" type "K" soft copper and 60 sixty foot coils of 3/4" type "K" soft copper. He indicated the Water and Sewer Department and the Purchasing Division recommend that the low bid submitted by Copper Sales, Inc. in the amount of $3;607.20 be accepted as the best and most responsible bid. He said funds for this purchase do not have to be appropriated since this is an inventory item. 1" coil 3/4" coil Total Copper Sales, Inc. Minneapolis, Minn.. July 18, 1978 Council Meeting Minutes (continued) Mr. Haney indicated he wrote a letter to the insurance company on June 16 but has not gotten a reply. He said however, that there was a minimum limits policy'in effect at the time of the accident. He told the Council he would pursue the matter further and if no progress:is obtained, he recommended filing suit in a day or so. He said the insurance company (National County Mutual. Fire, Insurance_ Company. of Dallas) is one from which it is traditionally difficult to obtain settlement. The .Council directed Mr. Haney to proceed in his efforts to obtain due payment of the damage through the insurance company. Councilwoman King moved to award the bid to Moore Henry Motors for the 1979 LTD II_ in the amount of $5,709 and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. . CONSIDER. COMMISSIONING AN ENGINEER FOR WATER SYSTEM STUDIES Jim McAlister indicated a memorandum from Jim Keller of Bernard Johnson has been received regarding the preliminary engineering report for the city's connection to the TRA Surface Water. Supply System. He said the stud wou d. ._ .. _ • • `•• ion anaeration aci ity at t e Olive Street water works pumping. station. Also, a determination of the adequacy of these facilities and recom- mendations for improvement required regarding connection to the TRA system, will be made. McAlister said a determination of the pipingand electrical connections between the. Huntsville pressure system and the TRA supply facilities will be made. The fee proposed to the Council by Mr. Keller for this engineering study. is in -the lump sum_ amount of $2,400, plus $300 for reimbursable expenses, travel, printing, and subcontract work-, etc., according to Mr. McAlister. The time of completion is set at 60 days. Funds would.come from the Water and Sewer Contingency Fund. McAlister recommended accepting the proposal at the offered_ price of $2,400 plus $300 for a total of $2,700. Councilman Brown moved to accept the proposal from Mr. Keller of Bernard Johnson Engineers, Inc. and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Bailey Meissner Co. Wichita Falls, Texas Lufkin, Industries Lufkin, Texas Coburn's Supply Huntsville, Texas Atlas Sales and Service Dallas, Texas Councilman McGlothen moved to award the bid to Copper Sales, Inc. in the amount of $3,607.20 and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. BUSINESS OF.THE.CITY ATTORNEY --JACK HANEY Consider Authori.zation:.of Stop Signs. on Eastham Lane Mayor Waller then told the Council the City will undertake to place a stop sign at Eastham Lane and Willow Bend Streets as a test. He said it is at the intersection of the Forest Hills Swimming Pool. He said it doe's not require the action of the Council at this time and is an administrative matter. Jack Haney, City Attorney, apprised the Council that the placement of stop signs must conform to the warrants outlined in the 1972 National Manual on Uniform Traffic Control Devices for Streets and Highways. He said although he did not read this manual, he°understands the proposed intersection would not be a proper intersection at which to installa stop sign. He said a city can be held liable if a stop sign is erected in a nonauthorized area according to the manual, should there be an accident at that location because of it. Jim McAlister noted that all traffic control devices must conform to this manual by 1982. Councilman Jack Parker moved that the stop sign be placed at the intersection of Eastham Lane and Willow Bend, if in the opinion of the City Attorney,.the City is not in violation of the Texas Highway Warrants for Streets and Highways. This motion was seconded by.Councilman Daigle. All were in favor and the motion passed unanimously. Mr. Haney was to make a thorough.study of the Manual and make the final decision. Consider Ordinance No. 78-7 Confirming Acceptance of Certain Equipment Bids Jack Haney then presented the following ordinance, a caption of which reads as follows: Jim McAlister indicated the siR.gle bid received was opened on June 28, 1978 fpr the replacement of the 1978 Ford LTD II which. was wrecked in April,.Mr. McAlister, reported Moore -Henry Ford of Huntsville bid a 1979 LTD II at a cost of $5,709.00. He said since the 1978 models are no longer being manufactured and cost information is unavailable, Mr. Moore computed the price at 6 percent over the 1978 model.. He said the cost of the 1978 LTD II purchased in January was $5,459. It was noted delivery date would be 60 days after issuance of purchase order. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CONFIRMING THE ACCEPTANCE OF CERTAIN BIDS, FOR THE PURCHASE OF EQUIPMENT AND DETERMINING A NECESSITY THAT PAYMENT OF THE PURCHASE PRICE FOR SUCH EQUIPMENT SHALL BE BY CERTIFICATES OF OBLIGATION, DETERMINING THAT NOTICE HAS BEEN PUBLISHED AS REQUIRED OF THE INTENTIONS TO ISSUE SUCH CERTIFICATES OF OBLIGATION, AND OTHERWISE CONFIRMING AND AUTHORIZING THE METHOD OF PAYMENT FOR. SUCH EQUIPMENT. McAlister said other bidders contacted but declining to bid were Cole Motors, Hyder Ingram Chevrolet and Freddy O'Pry Chrysler Plymouth Dodge of Huntsville and. Stewart Herring Ford of Madisonville, Wakefield Pontiac of Madisonville as well as P. M. Standly and Bony Bass. Chevrolet also of Madisonville. He said they declined to bid due to the unavailability of the 1979 price list and the fact that the 1978 vehicles are no `conger being manufactured. McAlister said the vehicle is to be paid for with the insurance settlement for the wrecked vehicle, estimated to be $3,220 and an excess in the Police vehicle budget of $3,764. He said because of the varied dimensions of the vehicles, utilization of equipment already on hand cannot be anticipated and must be budgeted for. He said the equipment on the older vehicles was transferred to the LTD II's. Mr. Gail Burch, Police Chief, indicated Mr. Rufus C. Benge, the driver of the vehicle which ran into the police car, came before Judge Warren's court July 17, 1978 on a Felony DWI Charge and plead guilty. Mr. Burch said he was fined $100 and was given to December 1, 1978 to.,.paythis fine. The court costs of $152.50 were charged to Mr. Benge and he has until December 1, 1978 to pay them. Chief Burch told the Council Mr. Benge was also ordered to,:pay.the City $3,500 at $75.00 per month for the amount of damages. Judge Warren indicated in the Court records that he would not revoke probation. (the man was also given three years probation) for nonpayment. Chief Burch had no further word on the insurance settlement but that it was in Mr. Haney's hands now. this ordinance covers the following equipment: 10 Roll Off Containers Track Loader NCR Computer (8250) Duncan Equipment Company Mustang Tractor Company NCR Councilman Brown moved to adopt Ordinance No. 78-7 and Councilman Hodges seconded the motion. favor and the motion passed. unanimously. Consider Ordinance No. 78-8.Authorizing Issuance of C0's for Equipment Acquisition AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE ISSUANCE OF A SERIES OF THREE (3) "CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATES. OF OBLIGATION," DATED, and IN THE AMOUNTS OF $19,770, $84,890 and $40,000,:RESPECTIVELY, PREESSCRIB:ING THE FORM OF A CERTIFICATE AND THE FORM OF ENDORSEMENT TO APPEAR THEREON: LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE SAID CITY TO PAY THE INTEREST THEREON AND TO CREATE A SINKING FUND FOR REDEMPTION THEREOF, AND PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SUCH TAXES: AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE. PURPOSE. AND SUBJECT OF THIS ORDINANCE. Certificate Register No. Certificate Register No. Certificate Register No. Councilman Brown moved to adopt Ordinance No. 78-8 and Councilwoman King seconded the motion. Allwere in favor and the motion passed unanimously. MINUTES OF THE EMERGENCY MEETING OF THE HUNTSVILLE CITY COUNCIL HELD ON THE 19TH DAY OF JULY, 1978 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN. THE CITY OF HUNTSVILLE,_ COUNTY. OF WALKER AT 12:00 NOON session with the. following -members. present: ADMINISTRATIVEREP.ORTS=-J.ICMCALISTER Water Supply. Shortage --An Update Mr. McAlister asked Mr. Boyd Wilder, Director of Public Utilities to apprise the Council of the current situation. Mr. Wilder said the storage tank water level was six feet prior to the meeting, the lowest point for this period of time throughout the summer. He said,highusage,t.ime..is.from 6:00 P.M. until midnight. The low last evening was three.and one-half feet,. which. lacks.. about one and one-half feet.. of breaking suction on the pumps; if this happens, he said we must turn the switch off on the pumps. He said if something isn't done, we may run out of water tonight. The pump at the water plant is only pumping 2300 gallons per minute rather than the normal 4500 gallons per minute due to the low levelof aater_in the wells and.decreased pump efficiency. He said two of the wells are pumping less than 200 gallons per minute and one has been shut down completely. Mayor Waller then declared a "State of Emergency" regarding.the.water.supply-,of.the City.. He urged the cars, and any other methods that might be available to citizens at their own. discretion to conserve the water supply. He then directed the City Administration to draft a mandatory water supply rationingsystem and to reconvene the Council at noon. the following day if it becomes necessary .to take action on the rationing system,". due to the water condition at that time. Resignation of Martin D. Colley, City Attorney,1970-1978 Morris. I. Waller, Larry Corley Murray A. Brown Wayne Daigle Bill Hodges Jack Parker Dr. E. Larry Dickens Delora King Goree McGlothen Mayor Morris I. Waller then advised the Council of the receipt of the letter of formal resignation as City Attorney from Martin D. Colley. The Mayor and City Council regretfully accepted the resignation. Mayor Waller indicated appropriate ceremonies in honor of Mr. Colley would be held in the forthcoming weeks. The Mayor then appointed Mr.. Jack Haney as the City Attorney for. the City of Huntsville. Councilman Parker moved to accept the appointment. and Councilman Corley seconded the.motion... All were in favor and the.appointment was unanimously accepted. Mr. Boyd Wilder indicated no improvement has been received over night in the water shortage condition. Mr. Wilder referred to the lack of rain and the tremendous heat wave which has descended upon the Huntsville area this summer as contributing to the extreme water shortage. He said the water level in the water tank reached four and one-half feet last night.up.one foot from the previous night. He:said the highest level obtained last night in the 28 .foot tank was 14.feet. He said this is_ the lowest high to be recorded in the tanks and this shrunk to 13 feet as of a few minutes ago. He anticipated a large demand on the system this afternoon and tonight. Mr. Wilder said the Palm Street water plant is only pumping 2300 gallons.per minute today. In March, he said, before the drought, the most the City could pump in was 4350 gallons per minute. He said when the large demand period hits us, we normally pump around 4200 gallons per minute out of the plant. He said the "in" and "out" are definitely out of balance and can only lead..to trouble.. then presented a "Gerity Key," in precious 24 karat gold electroplate to the City on behalf ofa.city employee, Mr. Carl Fleming. Mr. Corley said the intention is to use it in ceremonies whereby the City extends to new businesses and persons coming to Huntsville "a. key to the City," as a welcoming gesture. He said.the ceremonial key would be keptby the City. Mr. Corley said the'key came from. a Locksmith's Convention in New Orleans which Mr. Fleming attended. The Counci.l.exp ressed their appreciation for the gift from,Mr..Fl:eming. He said these are the only two wells 1000 gallon per minute well has been to keep pumping that amount of water now producing less than 100 gallons per minute. However, he said the turned off completely. He said the water table is just not high enough from it. Mr. Wilder said the Spring Lake Water Plant (Wells 19 and 20) are still pumping efficiently and we obtaining the maximum 1500 gallons per minute. He said in the peak demand period, both plants combined approximately 5500 gallons.per minute. Jim McAlister, City Manager, indicated that due to the severity of the water shortage, every other day, odd number house usage of water as a conservation method is not. feasible. After further discussion, Councilman Brown moved thatan ordinance be prepared prohibiting the residen- tial and commercial usage of water for outdoor purposes (watering lawns and washing cars) to become effective immediately and to impose a fine of up to $200 per day (not to:exceed $200 per day) for each day of violation. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. The City Attorney was authorized.by this motion to draw up.the.ordinance and that it would become effective immediately upon.publication..in the Huntsville' Item, and would remain in effect until rescinded by the City Council at a subsequent Council meeting. Councilman Parker asked that the institutions in the City be advised immediately of the City Manager indicated he would pass the word along. Ruth DeShaw, City Secretary July 19, 1978 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 8TH DAY OF AUGUST, 1978 IN THE CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, TEXAS AT 7:00 P.M. with the following members present: of the Solicitation Ordinance in light: of.,the.previous. request -:and.further Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack Parker CONSIDER ADOPT.ION.•OF. THE :SAM HOUSTObir:RES.OURCE,CONSERVAT-ION„AND.:DEVELOPMENT. AREA PLAN Mayor Waller then presented the plan to.the,Council.. Itwas noted the Council was very familiar with the plan, having reviewed it in their work session. Councilman Brownthen moved to adopt the plan as presented and Councilman Corley seconded the motion. All were in favor and the motion passed. unanimously. The meeting was called to order by the Honorable Morris I. Waller. The invocation was given by Councilman CONSIDER THE MINUTES OF THE PREVIOUS MEETINGS Mayor Waller then presented the minutes of the' previous meetings of July 18 and 19 for the Council's consideration. Councilman Brown noted an error in the ininutes of July 19- which referred to the penalty for violation of the water conservation ordinance. The' minutes incorrectly stated the fine would be $200 per day when it should have read "up to $200 per day." This correction being duly made, Councilman Corley moved to adopt the minutes as written with this correction and Councilwoman, King_ seconded the motion. All were in favor and the motion passed unanimously. CONSIDER PROPOSED COUNTY POLICY, ON FARM -TO -MARKET: ROAD R -O -W. Jim McAlister, City Manager, indicated:. the. County is requesting. an easement for highway purposes from the City of land it owns along FM 3411, which is scheduled for.improvement.- The policy of the County on right-of- way acquisitions for any farm to market road built in Walker County, is as. follows: 1. No monies will be paid..for land deeded by an individual to the County where the individual owns land in the proposed right-of-way. 2. The County will replace all existing fences that -are on the proposed right-of-way with new fences. McAlister indicated the City owns a smal.l,par,cel of. land.having;a.75-foot frontage .on.FM-3411 where one of the water wells is housed. He said an additional 12..16 feetis needed for additional right-of-way, McAlister indicated the City, if it approves the.granting of:this easement, would.donate_the right-of-way parcel free of cost. (Note: FM 3411 is.the Old -Phelps _ Road). Councilwoman King moved to grant the right-of-way to Walker County for FM 3411 and Councilman McGlothen seconded.the motion.. All were'.in favor and the motion.passed unanimously. OPEN'PUBLIC'HEARING MOBILE HOME SUBDIVISION -ORDINANCE Mayor Waller then asked if anyone was present who would like to speak to the content of the subdivision ordinance for the regulation of mobile home subdivisions in the City of Huntsville. Mayor Waller said this is a new ordinance which will regulate the subdivision and sale of land for the purpose of developing a mobile home subdivision. Jack Haney, City Attorney, then reviewed the salient features of the ordinance while those interested followed along with their copy of same. CONSIDER: BIDS ON THE_CITY'S.DEPOSITORY FOR.1.978-1979 Mayor Waller and Wayne Daigle, representatives of Huntsville banks, dismissed themselves from the room for this discussion. Mayor Pro Tem.E. Larry Dickens presidedover this item. It was noted bids were received and opened on August 2 from HNB and FNB," with the. American Bank abstaining. The compilation of the bids is as follows: Investments less than 100,000 30-59 60-89 90-179 180-269 2/0-359 360 $ over 5.0% 5.0% 5.5% 5.5% 5.5% 6.0% 5.75% 6.00% 6.25% 6.50% 6.75% 7.00% Mr. Grivich, a resident of Huntsville since 1936, found disagreed with the provisions forbidding underhome storage requiring separate storage shed duplicating state tie -down laws referring to "mobile home park" Section requiring minimum site area of ten acres requiring certain skirting materials 30-59 60-89 90-179 180-269 270-359 360 & over 6.00% 6.85% 7.05% 7.50% 7.60% 7.75% 7.76% 7.86% 8.01% 8.15% 8.15% 8.53% Mr. Grivich was concerned that the ordinance was not prepared with the input of a man who knows the mobile home business and he said it does seem to be somewhat "anti -mobile home." The Council indicated this was not their intent. Councilman Parker asked Mr. Grivich to revise his copy of the Ordinance with his recommendations and sugges- tions and then to work with the City on these amendments. He said the Council will then look at it again on the 22nd of August, for possible adoption, after all interested persons have had their input. The Civil Engineer, John Joerns, indicated the City is working closely with Steve Dawson, mobile home subdivision developer, and an ongoing revision of the ordinance is in progress which reflects some of the points brought out. by Mr. Grivich. Mayor Waller asked all interested persons to see the City Secretary to obtain copies of the ordinance and to give the City their input between now and the meeting of the 22nd of August. He said the City would make some refinements to the Ordinance. Councilman Corley moved to award the depository bid submitted by First National Bank and Councilman McGlothen seconded the motion. All were in favorand this motion passed unanimously. Hattie•-Awens,•-Representative, Sam Houston High School'Ex Students and Alumni Association Ms. Owens expressed the appreciation of the SHHS Alumni Association for the City's hospitality during their reunion.in Huntsville and thanked the City for the key to the City presented to them by Mayor Waller. She also expressed her appreciation to Councilmembers Goree McGlothen and Murray A. Brown for their welcoming remarks. She told the Council this reunion occurs every four years in Huntsville. REPRESENTATIVE OF THE'JEHOVAH WITNESSES CONGREGATION TO REQUEST EXE PTION FROM SOLICITATION ORDINA CNEE— ) Mr. Peter Farrell, representing Jehovah Witnesses; requested that the City Council review their solicitation ordinance to examine the possibilities of it being in conflict with the Constitution of the United States, and either revise the present ordinance to allow non-profit religious organizations the freedom to continue their work of sharing bible knowledge with the residents of the City without paying such a permit fee ($25.00 per person) or, to reduce the fee to one that would truly reflect the actual cost for the City .to process. Mayor Waller advised Mr. Farrell the City Council would take this request under advisement at this time and get back with him next week on their stand on the matter. REQUEST FOR STREET'SOLICITATION' PERMIT' FOR' MUSCULAR' DYSTROPHY BUSINESS-.OF.;THE CITY -ATTORNEY --JACK HANEY Consider Resolution setting water and -sewer rates,for:TRASurface-.Water Project and .Parker Creek Sewer Plant Jack Haney then presented.Resolution.No. 78-14 which outlines the rate structure on water and sewer services from August 1, 1978 to increases scheduled.to.become,.effective:October 1, 1979. After some discussion of the resolution by Jim McAlister.,. in which he highlighted.the salient features of the document, the.City Council then voted on the Resolution. Councilman Brown moved to adopt the,:Resolution with the, first. rate increase to become effective retroactive to:August 1, 1978 and Councilwoman King seconded. the motion. All were in favor and the motion passed unanimously. Consider Resolution authorizing..issuance of'contract revenue bonds for Huntsville's Regional Water Supply Dennis Baker of TRA said the Attorney General requires, since this issue will be secured by contract between TRA and the City, that the Council approve this Resolution. Mr. Baker said the interestrate on the first $6.5 million would be 4.35 percent and 4.61 percent on the remaining14,550,000. After some discussion, Councilman Corley moved to adoptihis Resolution and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Consider Approval of. theEngineering Report. Done:by Bernard.. Johnson -on the TRA Project Mr. Baker then asked the Council for their formal approval of the preliminary engineering study done by Bernard Johnson on the. Surface.. Wates -Project. Councilman. Corley moved -to approve the study and Councilwoman King Mayor Waller indicated the Council will defer any action on this request until it can continue its seconded the motion. All were in favor and the motion passed unanimously. CONSIDER.: ACTION .CALLING..FOR:THE.SALE OF AIRPORT PROPERTY Before adjourning .to the.reception, a vote was taken.on the:Resolution. Councilman Murray Brown moved to 1 adopt Resolution No. 78 -13 -.and Councilman Parker seconded the motion. All were in favor except Councilman Dickens who wished to be recorded as abstaining. The motion passed. Councilman Dickens noted his abstaining was in jest. The City Council then authorized the City Manager,. Jim. McAlister,. to have that tract of land located between the Hitchin Post Truck Stop and the existing airport land surveyed andappraised for the purpose of offering that tract of land for sale. The City Manager indicated he would do so and prepare.: the proper bid forms for the sale of these seven acres. Update on City's Water Supply Situation Boyd Wilder told the Council Well No. 19 was now back in operation and the situation on water availability was greatly improved. Afterfurther discussion, the Council decided to amend the Ordinance limiting the outdoor use of water from 6:00_ A.M. until 9:00 A.M. on Monday, Wednesday and Friday. They directed the City Attorney 78-10 by extending the outdoor use of water on Monday, Wednesday and Friday to all day. Councilman Brown moved.to adopt the ordinance amending Ordinance No. 78-10 to include all day watering privileges on Monday, Wednesday and Friday. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Mr. John Pledger of O'Malley $ Clay Consulting Engineers of Brenham told the Council that the Texas Aeronautics Commission had $35,000 available on a 50-50 percent grant basis for the purpose of providing additional improvements at the Huntsville Municipal Airport. The Council had to choose between five potential projects for the use of these funds, as follows: Existing Apron Enlargement Parking Lot (dependent on size) Road to Hangars Taxiway. Lighting Fence (between apron and parking $21,000 $20,000-$30,000 $21,000 $42,500 $ 2,000 inquired as to the status of the stop sign on Eastham. Mr. Haney, City Attorney, revealed that his investigation of the National Manual on Unifor Traffic Control Devices for Streets and. Highways, which was adopted by the State of Texas in 1972, showed that certain criteria must.be met in order to place a multiway stop sign at an intersection. He said the. intersections on Eastham do not meet these criteria. He said the Council will have to vote,to decide whether they want the stop. signs. Councilman.Hodges.moved that.the Mayor direct the City Manager to have a stop sign erected in the intersection of the swimmingpool. and Eastham. Councilman Dickens seconded the motion. Councilman Hodges reasoned that many stop signs have been placed within the City since the adoption of the 1972 manual. And, although this manual's restrictions have just now come to the City's attention, he felt that the City would be negligent if it did not place the stop sign on Eastham for..the.safety of the citizens there. After some further discussion of the motion, the motion passed by a unanimous vote of the Council. advised the Council that Telecable is not living up to their. advertised "first come, first served" promise for the HBO service connection and that he was charged for.a full month's service even when the service was not installed until the second week-of.the month. Mayor Waller noted the City has no control over service, but only over rates. He said any other telecable company is free to.come into Huntsville for a competing service. An executive session was then held for the purposes of discussing legal and real estate matters. Existing Apron Enlargement Parking Lot Fencing meeting (work session) pending 'uth �eShaw, City Secretary August 8, 1978 Consider appointment of member -at -large to the Tourist Council Mayor Waller told the Council that Ms. Gail Monroe, present Chairman of the Tourist Council, has submitted her resignation due to a move to Houston. He then appointed, with the consent of the Council, Mr. Glenn Herrod, to fill the unexpired term of Gail Monroe. Councilman Corley moved to accept the Mayor's nomination and Council- man Parker seconded the motion. All were in favor and the motion passed unanimously. Consider Resolution honoring retiring City Attorney, Martin D. Colley Mayor Waller then asked Mr. and Mrs. Colley to come forward for the presentation of the 78-13. Mr. Waller read the resolution to those present and congratulated Mr. Colley for his service to the City of Huntsville. Mr. Colley's remarks are as follows: As you all know, I am a person of few words, but I would like to say something if I may. The Mayor very discretely kept my letter of resignation in his pocket because I use that as a platform to say a few things that I felt about the City. And that is that I have truly enjoyed my eight years with the City. I'm sure that many people in the past and in the future will share the same feelings of affection that I have felt for the City. I felt almost paternal at times about the City because I believe that I was a part of perhaps, without taking anything away from previous Councils or previous mayors, but I feel that I was a part of the City during perhaps its greatest period of growth and a period in which the City became a city that said "What can I do for its citizens, rather than "How can we avoid doing things for our citizens." And, I really believe during this period of time the City became an entity, it became something that looked to its citizens and sought to do for them. And I really feel that I was part of that. I think a great deal of the credit for this goes to Mayor Waller. I think he has been an outstanding example of a Mayor, a leader. I have served with outstanding councilpersons and certainly wehave been through an era of going to the City Manager form of government. We have had outstanding City Secretaries, Financial Directors, Water Directors. I have truly enjoyed serving with all the people with whom I have come into contact with the City. I think sometimes . . . well, I wasn't going to get emotional . one more thing . . and that is I think some- times an illness is a blessing in disguise --if it wasn't for that, we wouldn't have this night. I am truly appreciative. Thank you. Mayor Waller then invited the Council and those present to attend a reception next door for Martin Colley. Mayor Waller said Mr. Colley is held in veryhigh esteem by everyone because of his almost immeasurable devotion to the City of Huntsville and to its people. Mayor Waller said the City is deeply indebted to Mr. Colley as he has performed a magnificenttservice far beyond the call of duty. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD IN THE CITY HALL COUNCIL HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. ON SEPTEMBER 12, 1978. with the following members present: Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack Parker Information from Boyd Wilder, Director of Public.Utilities, revealed that due to the recent rains, the City has maintained a safe level of water supply; --however, no action was taken to rescind the ordinance currently in effect limiting outdoor use of water to Monday, Wednesday and Friday. Public Hearing for Texas Department:of.Water:Resources_'Priority'List Mr. McAlister indicated Mr. Wilder also attended a public hearing in Austin on September 1 concerning the priority list for the Step III funding for:the Parker Creek Wastewater.Treatment_Plant. Attendance at the meet- ing was to offer some protection to the City's number five slot on the priority list and to voice the City's objection that the interceptor or trunk lines were not eligible for funding because of the 15 percent rule implemented by the Texas Department of Water Resources. Note that the 15 percent rule states that if the lines in any particular project cost more. than 15 percent of the.total project cost, then those lines are not eligible Since the outfall line in this project is five miles long, the 15 percent rule did not permit any additional lines to be funded. The meeting was called to order by.the Honorable Morris I. Waller, Mayor. Councilman Bill Hodges gave the CONSIDER THE MINUTES OF THE PREVIOUS MEETING The minutes of.the previous meeting of August 22, 1978 were then .presented by Mayor Waller to the Council. Councilwoman King moved to accept the minutes as written and Councilman McGlothen.seconded.the motion. All were in favor and the motion passed. unanimously CONSIDER ACCEPTANCE:OF.THE:1.978 TAX ROLL Bob Smith, City Tax Assessor -Collector presented the 1978 tax_ roll and noted the assessed valuation was $72,483,629, based on 50 percent of market value as per the assessment by Mr. Buddy Dodd,.. the Huntsville Inde- pendent School District's Tax Assessor -Collector. Councilman Corley moved to accep.t.the Tax.Roll.as-presented and Councilman Bill Hodges_seconded.the motion. All were in favor and the motion passed unanimously. See Resolution No. 78-13. CONSIDER NEW CONTAINER SYSTEM RATES Mr. McAlister indicated Mr. Haney has prepared an ordinance relating to the rates for.the new roll -off container system. Mr: Gene Pipes, Director Of -Public Services, indicated all ten containers will be in service by the first of the year; three are already in service and five will be in service in a very short time. He indicated two potential large users, the Hospital and High School, are not quite ready for them at this time. Attorney Jack Haney then read the caption of the -ordinance, as follows: Mr. Wilder noted the Board would review the request for funding trunk lines; however, he did not know if Walker Byrd Water Line Extension--Highway'75•North Mr. McAlister indicated Walker Byrd Lumber Company has applied for a utility extension for their new site, on June 16, 1978. He.said although -the _ Council approved: the. extension,. the City's crew is overwhelmed with other -priorities and it is felt this project will:not_be undertaken for some time. Mr. Wilder indicated he had purchased all the materials. needed,. but is -requesting -the City contract the actual. construction work out to Mr. Oscar Crawford, as his company was the only one that agreed to do the job. for $4.,470, after a telephone solicita- tion of several other contractors. Mr. Wilder noted the materials for the project cost $5,673.41 which would.make the total cost $10,143.41, and that this_is still.under_the.City's Engineer's. estimate of $10,377.50 for the job which was expected to be done by force -account. labor. - Mr. McAlister.indicated that since._J..C. Walker hasalready placed.his money in escrow with the City and Mr. Crawford has indicated his willingness todo thejob within the cost estimates provided by the City's Civil Engineer, Mr. John Joerns,.he would recommend the Council authorize $4,470 from the Water and Sewer Contingency Fund.to avoid. further delays in extending the line for. Mr. Walker's use, and to declare the project an emergency to meet. any legal requirements for this,procedure. Councilman Murray A. Brown moved to subcontract the construction of the Walker Byrd Water Line extension out to the Oscar Crawford..Construction.Company.in the .amount.._of.$4,470 and.to.declare the project an emergency. Councilwoman King seconded, the motion. All were in.favor EXCEP.T_Councilman.Dickens,.,who voted against the motion because: he.did not feel_it constituted -an -"emergency," The motion-, however, passed. It was noted here that should the existing casing under. Interstate. 45 prove: -unusable, the entire project would have to be recon- sidered with new figures at that time, and that the motion here applies only to the project as it is planned to use the casing under the Interstate. AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING SECTION 9-10.3 OF CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS BY DELETING PARAGRAPH C OF SECTION 9-10.3 AND, AMENDING PARAGRAPH D OF SECTION 9-10„3.; DECLARING AN EMERGENCY. It was noted the ordinance allows a base charge of .$1.00.00.per month for .any roll -off solid waste container, and 60¢ per cubic yard of garbage and/or trash. Also, where more.than one commercial establishment uses the same container, the charges shall be prorated according. touse, but.in.no case shall be less than $3.50 per month The ordinance was declared an emergency and that it shall take effect immediately. Councilman Brown moved to adopt the ordinance and Councilwoman Kingseconded the motion. All were in favor and the motion passed unanimously. Mayor Waller asked the Council to remain briefly after the following work. session to discuss salaries relating to the next fiscal year. Mayor Waller welcomed. the Houstonian reporter, Ms. Frieda Rosner to the Council meeting. BUSINESS.OF THE. CITY. ATTORNEY. -JACK HANEY Reapportionment of County Precinct Lines/City Ward Lines Consider Ordinance amending.speed limits..ordinance Jack Haney then introduced Ordinance No. 78-13 by reading the caption, as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, BY. REPEALING PRESENT SECTION 12-9 OF CHAPTER 12 PROVIDING FOR THE SETTING OF. SPEED LIMITS IN THE CITY, OF HUNTSVILLE AND PROVIDING FOR A PENALTY FOR VIOLATION THEREOF; AND; BY ADDING A NEW SECTION 12-9 OF CHAPTER 12, MAKING IT UNLAWFUL TO DRIVE A VEHICLE AT A SPEED GREATER THAN REASONABLE AND PRUDENT UPON THE PUBLIC STREETS OR HIGHWAYS OF THE CITY OF HUNTSVILLE; ESTABLISHING MAXIMUM PRIMA FACIE SPEED LIMITS; PROVIDING FOR A PENALTY FOR VIOLATION: THEREOF. AND DECLARING AN EMERGENCY. reminded the Mayor that he and Councilman Hodges were appointed to a two-man committee to study the issue-. He indicated, subsequently,: he requested the City Attorney, Mr. Jack Haney, to investigate -the specific -legal circumstances surrounding this matter. Mr. Haney replied this was being briefed at this time to determine if the Federal Courts still have jurisdiction of the case, or whether the local district court would have the jurisdiction to force the Commissioners_ Court to align the commissioners' precincts with the ward lines Councilman Dickens requested this item be.placed.on.the work session agenda for September 19 for further .discussion to review new information and discuss options available to the City at that time. Mr. Haney said any speed in excess of the limits posted according to law shall. be prinla facie evidence that the speed is not reasonable or prudentand that it is unlawful. He. said,. unless otherwise posted according to law, any speed in excess of 30 miles per hour shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. He said.these statements are included in this Ordinance. Councilman Corley moved to adopt Ordinance No. 78-13 and Councilman Hodges seconded the motion. in favor and the motion passed unanimously. The Council then proceeded with the budgetdiscussions in their worksession. From there they entered into an Executive Session to discuss next fiscal year salaries. th De haw, City Secretary September 12, 1978 Mr. McAlister presented a memorandum from Boyd Wilder, Director of Public Utilities, on rainfall data for the past five years. It"showed that -at the present time, Huntsville lacks 33.13 inches of rain to meet the past five year average. It was noted that at that rate, Huntsville would have to average 8.28 inches of rain per month for the next four months to meet the five year average. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19TH DAY OF SEPTEMBER, 1978 IN THE CITY HALL COUNCIL CHAMBERS LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 7:00 P.M. Morris I. Waller, Murray A. Brown Larry Corley E. Larry Dickens Bill Hodges Delora King Goree McGlothen Jack C. Parker Volunteer Fire Department A-1. Locksmith. Service Mr. McAlister then recommended the Council accept the bid of the Volunteer Fire Department as the best and most responsible bid. Councilman Brown moved to accept the bid of the Volunteer Fire. Department of $1,001 and Councilman Corley seconded the motion. All were in .favor and the, motion passed unanimously. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting of September 12, 1978 to the Council for their consideration. Councilwoman King moved to adopt the minutes as prepared and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE RETAINING THE 1* SALES TAX ON UTILITIES ADMINISTRATIVE REPORTS --JIM McALISTER The City Manager presented information from Mr. Boyd Wilder, Director of Public Utilities, which revealed that due to the recent rains, water demands have decreased somewhat and have allowed our wells to recharge to a fairly safe level. He indicated it was Mr. Wilder's recommendation to lift the restrictions on outdoor water use, based on weather conditions and the hope ofcontinued rains. Mr. McAlister indicated Mr. Wilder is also working on a water conservation program which may be well to implement throughout the year to insure safe water levels throu'h the n -x .r s -a The City Attorney indicated that in order to take action on this item, since it was not posted on the agenda, the Council would have to call an emergency meeting by giving the press and news media two hours notice. The Council then gave the news media, who were all present, the two hour notice of .a meeting to be held in two hours. The Council planned to reconvene during the work session to follow,. so as to take action on the matter. TWO HOURS LATER. . . 9:30 P.M. The Council reconvened and took the following action on the water restriction ordinance. Councilman :Brown movedto rescind the limited use of outdoor. water Ordinance, No. 78-11, and Council- manHodges seconded the motion. All were in favor and the motion passed. Note the following members were present at this time: Councilmembers Corley, Hodges, King, McGlothen, Brown, and Mayor Waller. Councilmembers Dickens and Parker were not present for the discussion or vote. Jim McAlister, City Manager, indicated the following ordinance would express the Council's wish to keep the tax of 1% on residential use of gas and electricity. He advised the Council unless the Council acted on this Ordinance prior to May 1, 1979, the City sales tax would automatically be abolished on October 1, 1979. He then read the caption of the Ordinance as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CONTINUING THE TAX IMPOSED BY THE LOCAL SALES AND USE TAX ACT (ARTICLE 1066c, VERNON'S TEXAS CIVIL STATUTES) ON THE SALE AND DISTRIBUTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE IN SAID CITY, EFFECTIVE OCTOBER 1, 1979. Councilman Hodges then moved to.adopt the ordinance and Councilman Brown seconded the motion. Before a vote could be taken on the first motion, Councilman. Dickens made the motion to table the matter as he did not feel there was sufficient urgency and preferred further discussions prior to such an ordinance. Councilman Parker seconded the motion to table the matter. Those in FAVOR of the motion to TABLE were: Councilmembers Corley, Dickens, McGlothen and Parker. Those Councilmembers AGAINST the motion to TABLE were: Brown, Hodges and King. The motion therefore passed by a margin of 4-3 to TABLE the discussion until a later date. NOTE: Councilman Wayne Daigle was absent for this meeting. CONSIDER RESOLUTION REGARDING TOWN CREEK DRAINAGE PROJECT Mr. Jim McAlister, City Manager, indicated this Resolution is a requirement of the Housing and Urban Develop- ment (HUD) for the Town Creek Drainage Project which was begun in 1975. He said this requirement was overlooked and is being processed at this time to satisfy federal requirements. He then read the style of the Resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ESTABLISHING THE NECESSITY FOR ACQUISITION OF RIGHTS-OF-WAY IN CONNECTION WITH THE CITY'S DRAINAGE IMPROVEMENT PROGRAM AND AUTHORIZING ACQUISITION IN CONFORMANCE WITH THE UNIFORM RELOCATION.ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970. Mayor .Waller gave a. brief overview on the status of several ongoing projects, as follows: North Huntsville Sewer Plant --in the final stages of administrative procedures and, construction is hopeful for Surface Water Supply Project --the largest project the. City has ever undertaken, some $12 million, is.in the initial stagesof construction. Completion is scheduled for the latter part of the summer of 1979. Airport Project --The Mayor reported that the rock base has been placed on the runway and the.asphalt oil top1 has been applied. He said the City is now awaiting. completion of the final paperwork for. the grant for two-inch overlay on the whole airport system. South Huntsville Sewer. Plant -is undergoing some repairs of major consequence. Substandard Street Paving Program --The Mayor reported that eleven out of the fourteen streets on the priority list have. been completed, plus a few short sections of other. streets. Three streets yet to be paved_ are Cline Street from Old Houston Road. to Hayman; 14th. Street from Avenue G. to Avenue E; and College Farm Road from Josey to the Agriculture. Complex. He said weather. permitting,. the City hopes to complete College Farm Road and the parking lot at Josey and_Avenue M this season. HEAP, Parks and Recreation, Etc. Mayor Waller indicated reports on other areas of. City services will be available soon. Centennial Celebration/Homecoming at SHSU Councilman Dickens moved to adopt Resolution 78-14 and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. It was noted that the engineering work of Avenue C properties was 100 percent complete, and the work on acquisition and engineering for Town Branch is still in progress as well as the acquisition on Avenue C properties. CONSIDER. ORDINANCE SETTING THE TAX RATE FOR 1978-1979 FISCAL YEAR Jim McAlister, City Manager, then presented the Ordinance which would set the tax rate for the next fiscal year at $1.20 per 50 percent valuation. The ad valorem tax of 77¢ on the $100.00 cash value thereof is set for t current expenses for the support and maintenance of the City Government; and 43* on the $100.00 cash value thereo is the tax set to pay current interest on and provide one year's sinking fund and to pay all of the principal and interest accruing on all outstanding bonds, paving bonds, funding warrants, improvement bonds and warrants and any and all other bonds and warrants outstanding heretofore lawfully issued by the City and which are not levied outstanding obligations of the City. It was noted the tax rate is the same as last year's and that the rate of $1.20 has been in effect in Huntsville since 1972. Councilman Corley moved to adopt Ordinance No. 78-15 setting the tax rate for Fiscal Year 1978-1979 at $1.20 based on 50 percent valuation and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS FOR USE OF OLD PUBLIC WORKS SITE FOR RODEO PARKING Jim McAlister, City Manager, then presented the competitive bids which were received and opened on September 14, 1978 for parking concessions at the old public works site during the Prison Rodeo. He indicated a special attempt was made to contact the Grandpersons Center as they had indicated an interest in this, however, they indicated due to their uncertainty about available manpower, they did not feel they could put up a lump sum bid as stipulated in the bid invitation and therefore declined to bid. The bids received are as follows. Councilman Larry Corley -- invited the citizens to the,Homecoming activities and to participate in the parade with .a float.. Dignitaries to be present are: Mr. Dana, Andrews; Mr. Tom Spencer; Mr.. Teague; Don Walker,. University •o£ Texas' President; Mr. Ray Scarborough, etc. Many other centennial activities are planned throughout the year and the citizens.of the City are invited to be a part of this celebration ntment of Councilman Dickens to the TML Committee on Finance and General Municipal Affairs Mayor Waller -- read a letter from the President of the TML, Mr. Richard Hoyer, appointing E. Larry Dickens to the TML Committee on Finance and General Municipal Affairs, whose scope it.is to review all municipal tax and finance related matters. He then congratulated Councilman Dickens on this appointment. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING, HELD ONTHE 26TH DAY OF SEPTEMBER., A.D., 1978 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVTLLE, WALKER. COUNTY, TEXAS AT 7:00 P.M. The Council met in regular session with. the following members present: Morris J. Waller, Murray. A. Brown Larry Corley E. Larry Dickens Bill Hodges Delora King Goree McGlothen Haney said the Ordinance provides for the following new rates: - -Passenger cars, station wagons and pickups to haul owner's waste (includes City residents) The meeting was called to order -by the Honorable Morris I. invocation. CONSIDER THE MINUTES; OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the meeting of September 19 to the Council for its approval. Councilman Brown moved to adopt the minutes as written and Councilman. Hodges seconded the motion. All were in favor and the motion passed unanimously. BUSINESS OF THE CITY ATTORNEY --JACK HANEY Consider Resolution No. 78-16 Supporting LEAA Grant ;for Police Division Jack Haney then advised the Council that the Resolution would indicate. the Council!s support of an applica- tion by the Police.Division to the. Criminal Justice Division of the Office of the Governor for funding in program category F-01 with the surplus,funds of 1977, for a Management Information. system. This system would interface with the existing. computer system in operation by the City. Mr. Haney said this resolution pledges the Council's intention to participate with cash matching funds of 25 percent of all equipment. This amounts to $3,991 of the $11,972 grant. Councilman Corley moved -to adopt. Resolution No. 78-16 and Councilman Hodges seconded the motion. in favor and. the motion_.passed .unanimously. Consider Resolution No., 78-17 Adopting the 1978=1979 Budget - -Trucks, single axle with cargo bed:length: less than 15 feet; or trailer, two axle - -Trucks, three axle; or truck,two axle with 15 feet or greater - -Large. animals (cows, horses, hogs, etc.) - -Packer type garbage trucks used by private or state agencies (based on maximum manufacturer's capacity) $ 1.50 per cubic yard Mr. Haney indicated the charge for commercial or institutional service shall be from a minimum of $5.20 per month to a maximum of the actual cost to the city of the loading, hauling, and disposing of same, plus 10 percent of such cost. The City Attorney indicated the ordinance also raises the rate for an apartment house consisting of four or more units, having a single water meter to $3.50 per unitper month. Also, containers furnished by the City for commercial and industrial concerns, shall be emptied for not less than $5.20 per month and where more than on commercial establishment uses the same container, the charges shall be prorated according to use, but in no case will it be less than $5.20 per month. A new section is added, to this ordinance which will allow the City Council to change the rates from time to time as determined necessary by the passage of a resolution. The new ordinance will become effective immediately upon passage and institution of the new rate structure by the City Council. Councilwoman King moved to adopt Ordinance No. 78-16 and Councilman Hodges seconded .the motion. All were in favor and the motion passed unanimously. It was noted that this ordinance provides for the charging of all city residents for the use of.the landfill, a service which was formerly provided.to them free of charge. The City Attorney then read the Resolution which states that the City Council is approving and adopting the budget for the. City .of.Huntsville,.Texas, for the period October 1, 1978. through.September 30, 1979, finding that all things prerequisite and necessary have been done in_prep aration and presentment of such budget. The new budget for 1978-1979 fiscal..year.totals $2,255,984. Councilman Brown moved to adopt Resolution No 78-.17 and Councilwoman. King seconded the motion. All were in favor and the motion passed -.unanimously. Consider Resolution No.. 78-18.Establishing.Rates for.Sani.tation:Services and Frequency of Collection Mr. Gene Pipes, Director of Public Services, indicated the reason for the Resolution is to put into effect the necessary rate increases based on budget requirements. He. indicated the City's costs have increased and thereby the rates must increase proportionately. Mr. Haney then introduced the new rates for residential collec- tion of garbage from the back door of two thirty gallom garb age cans, as follows: Residential Service $ 4 50 per month Apartments and Mobile Homes Served in Mobile Home Parks $ 3 50 per month Elkins Lake Residents $ 5 65 per month The Resolution stated that the back door collection would be twice weekly with trash at the curb Wednesdays of each week. The Sanitation Division is authorized to determine the respective days for each route within said City for such collections. CONSIDER RESOLUTION. NO, 78-19.ESTABLI.SHING AN ARTS COUNCIL Jack Haney then presented this resolution which would resolve that there be created the Huntsville Arts Commission which shall be composed of three members appointed by the Mayor with the approval of the City Council for the purpose of hearing ideas for programming in the arts; for determining the annual budget for the arts, subject to the approval of the City Council; and. for providing leadership to private organizations in the community for the promotion of the arts in Huntsville. Mr. Haney said the Resolution also resolves that there be appointed an additional eight advisory members to the Commission, whose responsibility it would. be to submit ideas to the -three member commission for consideration. .The Resolution would -provide that the commission and advisory members would serve for a two year periodwith overlappingterms and that one member of the Commission would serve as Chairperson at each of the quarterly meetings of the Commission on a rotating basis. Mr. Haney indicated through this Resolution, the City's Program Coordinator would be Staff Advisor and Ex -Officio member of the Commission for the purpose of communicating the Commission's recommendations and annual budget requests through the City Administration to the City Council. Mayor Waller said the attempt here is to place the expenditures in the field of arts of the City into an umbrella type organization and to change the funding of the arts programs from the Operating Budget to Revenue Sharing. He said the concept of Revenue Sharing more appropriately suits these expenditures rather than tax funds related to the budget itself. Councilman Corley moved to adopt Resolution No. 78-19 and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller indicated in the Council's next worksession, the Council would discuss funding, and in executive session, they would discuss the selection of personnel for the commission and advisory group. Councilwoman King moved to adopt Resolution .No. 78.18 and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. Consider Ordinance No. 78,16 Increasing Landfill'Use'Fees ADMINISTRATIVE.REPORTS-JIM MCALISTER Landfill Relocation Possibility Jim McAlister reported on the recent development regarding the possible move of the Landfill. He indicated notice has been received from the U. S. Forest Service, representative, Kelley Sigler, that the City may proceed with preliminary study of the site on the Old Phelps Road for a future landfill. Mr. McAlister indicated the landfill study will take the following schedule over the next few months: The Director of Public Services then advised the Council that it was no longer feasible or in the best interest of the City to allow City residents free use of the Landfill. He then recommended that there be no preferred customers and that all pay for the service equally. He then presented the proposed new rates for the Council's consideration. City Attorney Jack Haney then read the Ordinance, the caption of which is as follows: AN ORDINANCE AMENDING CHAPTER 9, GARBAGE AND REFUSE ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY AMENDING ALL REFERENCES TO THE DIRECTOR_ OF PUBLIC WORKS; BY AMENDING SECTION 9-9 SPECIFYING CHARGES FOR DISPOSAL OF SOLID WASTE.MATERIALS,..BY.DELETING SUBSECTION (B) EXEMPTING CITY RESIDENTS FROM•CHARGES AND ADDING ANEW SUBSECTION (B) AND RENUMBERING THE REMAINING SUBSECTIONS OF SECTION'`9-9; AND FURTHER AMENDING SECTION 9-9 SUBSECTIONS (C) THROUGH (H) ESTABLISHING NEW RATES AND ADDING. REGULATIONS FOR PACKER TYPE GARBAGE TRUCKS; BY AMENDING SECTION 9-10-A, CHARGE FOR COMMERCIAL OR INSTITUTIONAL SERVICE, BY AMENDING SUBSECTION (a) SETTING NEW MINIMUM CHARGE; BY AMENDING SECTION 9-10-A, SUBSECTION (c) SPECIFYING DWELLING UNITS AND ESTABLISHING NEW RATES; BY AMENDING SECTION 9-10-C, CONTAINERS. FURNISHED BY CITY FOR COMMERCIAL AND INDUSTRIAL CONCERNS, BY SETTING A NEW MINIMUM RATE WHICH CAN BE CHARGED; BY ADDING ANEW SECTION 9-14 COLLECTION RATES. PRESCRIBED, PROVIDING FOR CHANGE OF SAME BY RESOLUTION OF THE CITY COUNCIL; AND PROVIDING FOR. AN EFFECTIVE DATE. October, 1978 -- Contract with Soil Mechanics for preliminary test and analysis November, 1978 -- Receive and assess results and forward to U. S. Forest Service for their analysis December, 1978 -- Initiate formal application to U. S. Forest Service for site; commission completion of testing and analysis by Soil Mechanics and submit preliminary application to the Texas Department of Health for certification. McAlister indicated plans are presently underway in keeping with this time schedule. MAYOR'S. REPORT=-MORRI.S'I. WALLER Presentation of Resolution No. 78-15 and 'Plaque 'to'A.'E. Hantilton.in Commemoration of Thirty Years of Service Mayor Waller then presented Resolution No. 78-15 to Mr. A. E. Hamilton for his thirty years of dedicated service to the citizens of the City of Huntsville as an employee of the Sanitation Division. Also presented to Mr. Hamilton in commemoration of this 30.year tenure with the. City was-a,plaque from the Huntsville City Counci Mayor Waller noted Mr. Hamilton is not retiring from his position with the City but that he is merely celebrat- ing thirty years of service this year. Councilman Dickens then moved to adopt Resolution No. 78-15 and Councilman Corley seconded the motion. All were in favor and the motion passed..unanimously. MINUTES OF THE CITY COUNCIL MEETING HELD ON THE 17TH DAY OF OCTOBER, 1978 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M, IN HUNTSVILLE, WALKER COUNTY, TEXAS AT 7:00 P.M. The Council met in regular session with the followingmembers present: Morris I. Waller, Mayor Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens Delora King Goree McGlothen Jack Parker The meeting was called to order by Mayor Waller and the invocation was given by Councilman Jack Parker. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting of September 26, 1978 for the Council's consideration. Councilman Corley moved to accept the minutes and.Councilman Parker seconded the motion. AN ATTENDING CITIZEN: MRS. HOMER COSTILOW, RE: WATER LINE Mrs. Costilow, a resident of Huntsville at 317 Avenue Q.(Highway 75 North) advised the Council of the 12 inch water main, installed in the early 1950's, which runs across her property. She said the line has broken four times this year and each time a backhoe had torn up her yard. She discovered there is no recorded easement for this line and she requested the Council move it into the 18 foot easement at the back of her property. She pleaded for their immediate consideration. Mayor Waller explained that many times in the past the City would install lines via verbal easements with property owners. After. Mrs. Costilow's departure, it was disclosed that after a period of seven years, the City gains easement by prescription, which isthe case with the 12 inch line across the Costilow property. The Mayor and City Council directed the City Managerto provide the Council with a full report on this matter by the next worksession. CONSIDER RESOLUTION HONORING GAZEBO DEVELOPERS Mayor Waller then asked Dr. Kenneth Russell, Mr. George Russell, Dr. Tom S. Montgomery, and Fred Holland (builder of the Gazebo), to come forward for the presentation of the Resolution. The designer of the Gazebo, Mr. Glen Perkins, was unable to attend this meeting.. Councilman Dickens presented an introduction to the presentation, noting the appreciation of the Council andthe citizens of Huntsville for this outstanding addi- tion to the quality of life in. Huntsville. It was noted the Gazebo was conceived and financed by the Russells and Dr. Montgomery along with private donations from others. The City recognized the developers, designer and builder by Resolution No. 78-9, which Councilman Dickens then read aloud. Councilman Dickens moved to adopt the Resolution and Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller then presented the Resolution to the Russells and Dr. Montgomery. DISCUSS DOWNTOWN PARKING METER STATUS IN RELATION TO COURTHOUSE PROPERTY Mayor Waller indicated that he had met with Councilman Dickens and County Judge Ralph Davis, Commissioner Wayne Hooks and Chief Deputy Curtis Stevenson to discuss an alternate proposal for the Council's consideration regarding the parking meter problems downtown. He then proposed to draft an ordinance which would exempt the following from parking meter fines and/or fees:. Department of Public Safety Units Sheriff's Department Units Justices of the Peace vehicles Postal Delivery Vehicles Commissioners Court Impaneled Jurors Alcoholic and Beverage Commission Agents Vehicles It was noted the nature of these individuals' positions required their coming and going at various times of the day on a frequent basis. There was some discussion regarding jurors but it was the consensus that the exemption should be limited to the impaneled jurors only and notto all those called but later dismissed. Mayor Waller said the County Judge would also have the privilege of exempting prople for very special considerations and he has agreed to use this privilege very sparingly and only for special guests to the community. He said this same privilege would relate to the City Manager as well. .Mayor Waller noted the County owns the parking space indentations on the north and west side of the Court- house. The east and south side parking areas are street rights-of-way. City Attorney Jack Haney indicated to give the County Judge the privilege of .exempting people at his dis- cretion would be too broad a concept and not enforceable by ordinance. It was noted the exemptions are now being made but the ordinance in effect does not permit exemptions. By drafting an ordinance to allow special exemp- tions, the current practice would be legal. Councilman Brown moved to delete prospective jurors from the exemptionlist and to include only impaneled jurors. Councilwoman.. King:. seconded the motion. Councilman. Parker amended the.motion to also exempt the County Court -at -law Judge and the District Judge. Councilman Brown accepted the amendment... All were in favor of the motion except Councilman Daigle who was opposed.. Themotion. passed. Councilman Dickens requested the City Manager provide the Council with an exact number of exemptions the above list would constituteand tomake it available by the next work session of the Council. 290 COUNCIL ACTION MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 24TH DAY OF OCTOBER, 1978 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER , TEXAS AT 7:00 P.M. Landfill Rates The Council met in a regular session with the following members present: Councilman Brown wanted to take a vote on the landfill rates ordinance by simply changing a word from "including" city residents to "excluding" city residents from charges. However, the Council felt the ordinance should be reviewed carefully by the City Attorney as to the legality of the terminology throughout. No action was taken. Mrs. Costilow's Water Line Councilman Parker wanted to take some action on the relocation of this water main. After discussion of associated problems, Mayor Waller directed the City Manager to provide a full report by the next work session. Morris I. Waller, Mayor Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens Bill Hodges Delora King Goree McGlothen Jack Parker fully submitted, The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman McGlothen. Guth DeShaw, City. Secretary October 17, 1978 CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilman Brown moved to adopt the minutes of the meeting of October 17, 1978. Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. JOHN.. PLEDGER OF O'MALLEY $ CLAY. TO PRESENT PLANS AND SPECIFICATIONS FOR THE AIRPORT RUNWAY OVERLAY PROJECT AND REQUEST AUTHORIZATION FOR BIDS Mr. John Pledger of O'Malley $ Clay, Consulting Engineers, indicated plans and specifications were completed for,the airport runway overlay project. He said the plans and specifications have been approved contingent upon revisions as per FAA comments. He said they were now ready to solicit bids and to begin advertising on October 26 and to accept and open bids on November 22, 1978. Mr. Pledger said a bid recommendation could then be ready for the Council's consideration at its November 28, 1978 meeting. Mr. Pledger advised the Council that in August, FAA issued a commitment to spend $265,000 in federal funds for the purpose of overlaying the entire length of the runway, 5,000 feet, with two inches of hot -mix asphalt concrete paving. He said since that time, the plans and specifications were prepared and estimates were compiled He then presented the Council with his estimates for a base bid and three alternates, which ranged from a low of $271,000 to a high of $287,000. He said that FAA formerly participated 90 percent in these projects and the City 10 percent. However, he said under present statutes, FAA will now participate in only 80 percent and the City, must fund the remaining 20 percent of the costs this fiscal year. The local share could be approximately $56,000, he said. The maximum amount in which FAA would participate for this project, would be $331,000. He said his estimates do not say this maximum amount will be reached, but if it were, the City would have to fund 20 percent of that amount, or $66,200 and the federal funds would total $264,800, but could not exceed $265,000. He said his estimates do not include engineering, so the estimated costs could be approximately $295,000 ($280,000 for construction and approximately $15,000 for engineering). Mayor Waller indicated Mr. McAlister advised that funds for this particular phase of the project are avail- able in the airport funding budget. Councilman Dickens asked for a report for the next work session on the amount presently budgeted and from what source it was budgeted. Mayor Waller then asked for the Council's authorization to solicit these bids. Councilman Corley moved to authorize the bid process and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. AUTHORIZE THE SOLICITATION OF BIDS FOR THE SALE OF 5.48 ACRES OF AIRPORT PROPERTY Mayor Waller indicated the funds realized from the eventual sale of this acerage would be used to build an airport terminal building. He said at this time, however, the second appraisal is not yet completed and no action can be taken. He indicated a minimum bid will be set in the bid language as determined from the appraisals for each parcel individually and then for the total tract. The matter was then deferred until the next meeting of the Council. BUSINESS OF THE CITY ATTORNEY --JACK HANEY Consider Ordinance Increasing Landfill Rates Jack Haney then read the caption of the amending ordinance, as follows: ORDINANCE NO. 78-16 AN ORDINANCE AMENDING CHAPTER 9, GARBAGE AND REFUSE ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY AMENDING ALL REFERENCES TO THE DIRECTOR OF PUBLIC WORKS; BY AMENDING THE DEFINITION OF "COMMERCIAL" IN SECTION 9-1; BY AMENDING SECTION 9-9 SPECIFYING CHARGES FOR DISPOSAL OF SOLID WASTE MATERIALS, BY AMENDING SUBSECTIONS (C) THROUGH (H) AND BY ADDING A NEW SUBSECTION (I), ESTABLISHING NEW RATES AND ADDING REGULATIONS FOR PACKER TYPE GARBAGE TRUCKS; BY AMENDING SECTION 9-10 A, CHARGE FOR COMMERCIAL OR INSTITUTIONAL SERVICE, BY AMENDING SUBSECTION (a) SETTING NEW MINIMUM CHARGE; BY AMENDING SECTION 9-10-A, SUBSECTION (c), SPECIFYING DWELLING UNITS AND ESTABLISHING NEW RATES; BY AMENDING SECTION 9-10-C, CONTAINERS FURNISHED BY CITY FOR COMMERCIAL AND INDUSTRIAL CONCERNS, BY SETTING A NEW MINIMUM RATE WHICH CAN BE CHARGED; BY ADDING A NEW SECTION 9-14 COLLECTION RATES PRESCRIBED, PROVIDING FOR CHANGE OF SAME BY RESOLUTION OF THE CITY COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Corley moved to adopt Ordinance No. 78-16 and Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. Alpha Phi Alpha and Alpha Angels Little Sisters MINUTES OF THE HUNTSVITLF CITY COUNCIL MEETING HELD ON THE 7TH DAv OF NOVEMBER, 1978 IN THE CHAMBERS, UCCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVIILE, WALKER COUNTY, TEXAS AT 7:00 Councilman Dickens requested a letter of appreciation and thanks be sent by Mayor Waller on behalf of the City Council to these two organizations for their intense clean-up effort at Emancipation Park recently. He felt these young people should be commended for their efforts and concern for their community. The City Secretary was directed to prepare the appropriate letters for the Mayor's signature. Freida Rosner asked how a city resident would be identified when using the landfill. Mr. Gene Pipes to present a valid water bill or some identification of residency. (driver's license, personal I.D., etc.). Councilman Dickens indicated perhaps a policy statement should be drafted to clarify this identification procedure. session with the folloWing_members The Council then adjourned into a work session. An executive session was held following the council work session to discuss legal and personnel. matters.. DeShaw, City Secretary October 24, 1978 Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack Parker The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman Bill Hodges. Mayor Waller then presented the minutes of the meeting of October 24,1978 to the Council for their consideration. Councilman Corley moved to adopt the minutes as presented and Councilman King seconded the motion. All were in favor and the motion passed unanimously. Bert Praytor, President, Downtown Merchants Association Mr. Praytor told the Council that it is the consensus of the majority of the Downtown Merchants who recently met to discuss downtown parking meters, that if the City Council were going to pass anordinance Which would exempt certain vehicles from fees and fines, that these exemptions, in their opinion, should be as follows: Texas Highway Patrol exempt tags Sheriff's units exempt tags Justices of the Peace City of Huntsville Police and emergency vehicles exempt tags only Alcoholic Beverage Commission agents' vehicle (no exempt tag on vehicle) U.S. Postal Service Units Texas Game Wardens' Units Texas Rangers' Units After sane discussion by the Council, Councilman Brown requested that exemptions should be any State and Federal vehicles bearing exempt tags. Councilman Brown then moved to adopt the Ordinance prepared by Mr. Haney but to include the list of exemptions as recaramended by the Downtown Merchants Association along with his addition of State and Federal exempt tag vehicles. This being the only change to the ordinance already prepared by Mr. Haney, Councilman Corley seconded the motion made by Dr. Brown. Councilman Parker indicated his Opposition to the motion. All other Council Members were in favor of the ordinance and it so passed. Note: This list of exemptions does not include the District Judge for Walker County; the County Catmissioners and County Judge of Walker County; the County Court at Law Judge of Walker County; any juror who has been enpaneled for jury service on a case being tried in the District Court, County Court at Law, or Justice of the Peace Court. These exemptions had been included in the proposed ordinance by the City Council. The Downtown Merchants Association presented their recommendations to the County Commissioners one week earlier, however, the Commissioners did not take a vote on the matter. It was the feeling of the merchants that the Cannissioners would not object to their proposal of exemptions. Councilman Dickens requested the City Manager research and place on a future work session agenda, the possibility of a municipally owned and operated elevated parking garage. CONSIDER BIDS ON AIR PACKS FOR THE FIRE DIVISION Jim McAlister indicated bids were opened on October 19,1978 for the purchase of two air packs and four reserve bottles. The bids received are as follows: Claude Wright & Associates 2 -MSA Air Packs @ $530.50 of Houston 4 -Reserve Bottles @$150.00 C & J Fire & Safety of Huntsville (2nd bid) 2-Survivair Air Packs @ $512.78$1,025.56 4 Reserve Bottles @ $135.56 $ 542.24 $1,567.80 2- MSA Air Packs @ $507.09 $1,014.19 4 -Reserve Bottles @ $144 576.00 $1,590.19 2-Survivair Air Packs @$491.81 $ 983.66 4 -Reserve Bottles @ $135 $ 540.00 McAlister said it is the reccmnendation of the Fire Division and the Purchasing Division that the bid submitted by Houston Fire & Safety in the amount of $1,567.80 be accepted as the best and most responsible bid due to the availability of the air packs.' He said Revenue Sharing funds in the anrnunt of $1,500 have been appropriated for this purchase. Councilman Daigle moved to accept the bid of Houston Fire and Safety of Houston in the amount of $1,567.80 and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Jim McAlister indicated the 4th Quarter Tax Report had been distributed to the Council previously and was discussed in the Coundil's work session of October 24,1978. He thenasked the Council for their consideration of the report. Councilman Parker moved to accept the 4th Quarter Tax Report and Councilman Corley seconded the motion. All were in favor and the motion passed unamously. Consider Resolution authorizing the sale of airport land MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF N0VEMBER,1978 IN THE CITY HALL COUNCIL CHAMBERS LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS. in regular session with the following members In the absence of the City Attorney, Jack Haney, Jim McAlister presented a Resolution. No. 78-20, which would authorize the City to sell a certain tract of land located out of the Warren Birdsell Survey,Abstract #6, located within the city limits of Huntsville, Texas, a portion of which property is not utilized by the City and is not needed for public purposes, and was deaned surplus property__ Mayor Waller told the Council the minimum bids prices would be based on the property appraisals. The proceeds will be used to construct a new small terminal building at the airport. Councilman Dickens moved to adopt Resolution No. 78-20 authorizing the sale of airport property and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. Consider ordinance amending speed limits on state highways Morris I. Waller, Mayor .Murray Brawn Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack Parker The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman E. Larry Dickens. Jim McAlister, City Manager, -presented an ordinance prepared by the State Department of Highways and Public Transportation as it relates to Highway 75 speed limits frau Moffett Springs Road on the North and the Goree Unit on the South. Councilman Hodges indicated a desire for further information and study and moved to table the matter until further discussion in a worksession. Councilman Parker seconded the motion to table the matter. All were in favor and the motion passed unanimously. Councilman Dickens requested a clarification on the fluxuations in speeds from the State Highway Department representatives. CONSIDER THE MINUTES OF THE PREVIOUS MEETING The Mayor then presented the minutes of the meeting of November 7,1978 to the Council for their consideration. Councilman Corley moved to adopt the minutes as prepared and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. City Manager, Jim McAlister, indicated he had notified the news media of the need to rve this item from the work session to the formal meeting of the Council for consideration. He indicated further clarification had been provided on the transfers as requested. He then asked the Council for their consideration of the budget transfers as presented. Councilman Dickens then moved to accept the budget transfers and Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. Consider appointments and funding --Commission of Fine Arts (Advisory Mayor Waller indicated he was not quite ready to take next meeting of the Council, November 14, 1978. MR. GEORGE BORISKIE, TRAFFIC ENGINEER, STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO ADDRESS THE COUNCIL REGARDING AMENDED SPEED LIMITS PROPOSED BY THE STATE Mr. Boriskie appeared to explain why the State Department of Highways is recommending the amendments of existing speed limits on IH 45 and US 75 as they traverse the Huntsville area. The Council was hesitant to pass the proposed ordinances of the TDHPT until some clarifications were obtained regarding the need for various fluctuations in speed in the short sections involved near Huntsville. According to Mr. Boriskie, the recommendations are the result of an extensive speed study conducted on these particular roadways. He then explained the components of such a study and the fact that the Department must follow the Highway Department Procedure Manual (Article 19, State Law). He said the speed limit studies are necessary to Support the placement of speed limit signs which then are aides to the highway patrolmen who must enforce safe and prudent speeds (as established by these studies). He said if a traffic ticket is given and the defendant goes to court with it, the TDHPT will support the speed limits set by presenting their studies. Speed limits arbitrarily set cannot be supported and upheld in the courts. through studies of this nature. Mayor Waller indicated there are two or three dangerous intersections in Huntsville, namely: Forest Hills feeder road entrances: Boettcher Street as it intersects the feeder road of IH -45; and also the intersections of 19th Street, 22nd Street and Avenue S with IH -45. Mr. Boriskie indicated a study had been done some 5-6 years ago in this area and reduction in speed limit was recommended especially in interchange areas. These reductions were never instituted perhaps due to the low level of traffic in that area; however, toddy the volume is ten times as great. McAlister indicated no action was taken then because the City requested that some of those hills on the feeder road be scaled down to eliminate some of the blind areas. Mr. Boriskie indicated he would place on his agenda the need for a study of this feeder road speed limit if the Council feels it is recommended. He said they would need to await the completion of Loop 405 construction as the study would have to go from city limit to city limit. He said it would be next year before this study could be undertaken. The Mayor and Council indicated this would be satisfactory with them. Jack Haney, City Attorney, asked Mr. Boriskie if he would recommend the passage of the proposed ordinances tonight in lieu of the possibility of additional speed studies on the IH -45 frontage road. Mr. Boriskie indicated he would as the new studies would not affect the present recommendations. CONSIDER BID EVALUATION ON FIRE HOSE AND ELECTRONIC SIRENS Mr. Jim McAlister then presented the bids received for the purchase of 500 feet of three inch fire hose and five (5) electronic sirens. hose --30-45 days sirens --immediately hose --immediate sirens --immediate $1,635.30 *$1,389.70 *(alternate) $3,860.58 *$3,614.98 *(alternate) McAlister indicated it is the recommendation of th.e Fire Division and Purchasing Division that the bid on the fire hose submitted by Claude Wright in the amount of $1,275.00 be accepted as the best and most responsible bid because of th.e immediate availability of the hose. Also, he stated that it is the recommendation of the Fire and Purchasing Divisions that the low bid for the sirens, submitted by Fire Appliance Co. of Texas, in the amount of $2,012.35 be accepted as the best and most responsible bid. McAlister indicated revenue funds have been appropriated for these purchases: $1,375 for the fire hose and $2,500 for the electronic sirens. Councilman Brown moved to adopt the recommendations of the Fire and Purchasing Divisions as presented and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDER'COSTS AND PLACEMENT' OF'SIGNALIZATION'DEVICES AT 19TH STREET AND SAM HOUSTON AVENUE'.AND' NORMAL' PARK'AND:IITH'STREET Mayer Wallcr zndicatcd tn. meeting. Councilman Dickens asked the administration to indicate possible sources of the funding of these signalization devices, whether.it be from revenue sharing, general fund contingency, etc.; in other words, he asked where might we look for money to fund this project. Councilman Parker moved to amend the motion to include the transfer of the lease from the Walker County Youth Association to the Walker County Fair Association for the duration of the existing lease agreement with the City (which is due to terminate 2-23-81 with option to renew for an additional ten years). Councilman Corley seconded the motion. Mayor Waller called for a vote on the amendment by Mr. Parker to transfer the lease. Councilmembers Parker, Corley and Daigle voted in favor of the motion and all other members of the Council, Councilmembers Hodges, McGlothen, Dickens, King and Brown, voted against the amendment to Brown's original motion, The motion to amend therefore failed to carry. Mayor Waller then took a vote on the original motion of Councilman Brown's. All were then in favor of the motion to allow the Walker County Fair Association the use of the ten acres leased to the Walker County Youth Association and the. 30 adjoining acres for a two week period in March of 1979 for the conduct of the Walker County Fair. is item is in need of further development and will be discussed i support for the Walker County Fair, but at the same time, could not commit this n• ' • a permanen si e or e "a er ounty air ancou ' no a ow the Walker County Fair Association to expend capital to construct major improvements to this area in the way of buildings, etc. The Council directed the City Manager and the Director of Public Services, Mr. Gene Pipes, to visit with the representatives of the Walker County Fair Association, Mr. Buddy Smith and Mr. Sidney Grisham, in an attempt to locate an alternate location which would be conducive to further development and improvement as a permanent Walker County Fair site. CONSIDER MODIFICATIONS AND'IMPROVEMENTS TO THE'LIFT STATION AT THE TDC DIAGNOSTIC Jim McAlister, City Manager, indicated in the 1950's the City tied a water line and sewer line into the line owned and occupied by the TDC between the Wynne Unit and Diagnostic Unit to serve an area north of the City. Over a period of the last 20 years,he said, considerable growth has taken place and with it an increase in the amount of flow going into that lift station. He said that station is now overflowing on a regular basis with the increased flow coming from the development of the Forest Hills area, Smithhill, Gospelhill and the Heaton Drive areas. TDC has requested that the City assist them`-in.,solving the problem. The City's Civil Engineer, Mr. John Joerns has drawn up two solutions for. the Council's consideration: 1) buy new pumps and motors that are capable of pumping the required flow against a larger head ($5,700, method I), or 2) redesign the present lift station to operate the pumps in series instead of parallel_ ($2,050, Method II). He then indicated, in his memo of November 6, that since Forest Hills Sections IV and V are still growing and the flow to the lift station will continue to increase over the next two years, he would recommend implementing Method I as this method will come closer to meeting both the average day and peak day demands. The Council, having discussed the matter in the previous work session, then took the following action, realizing that the;TDC lift station will be eliminated when the new North Sewage Treatment Plant is put into operation in approximately two years. Councilman Dickens moved to transfer $5,700 from the Water and Sewer Contingency Fund to the Water and Sewer Operating Budget to fund Method I as recommended by the City administration. Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. CONSIDER TRANSFER'OF FUNDS'FOR WATER WELL MAINTENANCE McAlister indicated an alternate site might be the area between the airport and the Texas Department of Corrections land immediately behind the Service Center. The second site which comes to mind, he said, is the 15-17 acres to the left as one enters the Landfill property (an old abandoned landfill site). He indicated he and Mr. Pipes had been discussing these sites but had not talked with the Fair Association about them. Consider ordinance amendment revising speed limits on US 75 and I-45 The Council agreed to institute the recommended speed limits of the State Department of Highways and Public Transportation as presented by its Traffic Engineer, Mr. George Boriskie. City Attorney Jack Haney indicated rather than accept the proposed ordinances, the Council would need to amend its existing ordinances to reflect the content of the proposed ordinances. The Council then directed the City Attorney to draw up the appropriate ordinance amendments for their consideration in their next regular meeting. Mr. Boyd Wilder, Director of Public Utilities, then briefly summarized a report on the water wells done by Jack Waldron recently. Included in the description of the condition of each well, was the recommendation to transfer $25,000 from the Water and Sewer Contingency Fund to the Water Production Budget in order to complete the needed repairs and improvements of Wells 14, 16, and 18. Mr. Wilder indicated $60,000 had been budgeted this year for repairs of Wells 14, 16, and 18, however, repairs to Well 14 will be more than had been anticipated and some unanticipated repairs had to be made on Well 17. Mr. Wilder advised the Council of Mr. Waldron's recommendation to lower pumping levels and cutting back on discharge rates to allow our well field to recover to a safe working level prior to the coming summer months. The wells would be operated at a lower discharge rate, but for longer periods of time to relieve the load on the major producing wells and to perhaps allow the water levels to recover at a faster rate, thus increasing pumping levels. Councilwoman King moved to transfer $25,000 from the Water and Sewer Constingency Fund to the Water Production Budget for the purpose of repairing and improving Wells 14, 16, and 18. Councilman Dickens seconded the motion and all were in favor. The motion therefore passed unanimously. Mr. Robert D. Hardy, Director, Trinity River Authority of Walker County Mr. Hardy then presented plaques to all members of the Council, the Mayor, and two previous Councilmembers, Mr. John Amick and Mr. Frank Moore commemorating thegroun i reaking ceremonies held earlier this date for the multimillion dollar long range surface water project. Mr. Hardy expressed the appreciation of the Trinity River Authority for the cooperative effort on the part of the Council in reaching a solution to the water problem for the City of Huntsville forever. Consideration of appointments to the Huntsville Arts Commission's Advisory Group Mayor Waller then proposed the appointment of the following eight citizens the arts, to the Huntsville Arts Commission's Advisory Group: BUSINESS OF THE CITY ATTORNEY --JACK HANEY Authorize Fair Association use of City Land for Fair Parking Representatives of the Walker County Fair Association requested that the Council give some consideration to transferring the existing lease agreement for ten acres of City -owned land from the Walker County Youth Association to the Walker County Fair Association. This would encourage the Fair Association to expend further efforts and monies on the completion of the arena located on the ten acres and to make various other improvements. The Walker County Fair Association also requested use for two weeks of 30 acres of land ad- joining this ten acre tract for use as parking and for the carnival which will be a part of the Spring Walker County Fair scheduled for March, 1979. They indicated this 30 acres could be a revolving 30 acres or less, whatever is available to them for as long as it may be available from year to year for Fair purposes (carnival and parking site). The Council discussed the matter and it was their consensus that it would not be in the best interest of the City or the city taxpayers to encourage the commitment of this area to the Walker County Fair Association's annual fair. The Council was concerned that the airport improvements may necessitate the use of this area encompassing the designated 30 acres for a crosswind runway, or to meet other requirements of the Federal Aviation Administration. Therefore the Council chose not to make any commitments for the 30 acres requested for parking on a long term basis. After additional clarification of the Council's position was presented to the Walker County Fair Association's representatives, Mr. Grisham and Mr. Heaton, Councilman Brown moved to allow the Walker County Fair Association the use of the ten acre site currently leased to the Walker County Youth Association for the two week period in March, 1979 for the conduct of the Walker County Fair, and to allow the use of 30 acres of land adjoining the ten acre site for use as a carnival and parking site for two weeks in March 1979 only, in conjunction with the Walker County Fair.; Councilman Dickens seconded the motion. Dr. Melvin Mason Dr. James Miller Dr. Harley Rex Mr. Gaddis Geeslin Mr. Tim Franer Ms. Nancy Terry Mrs. Frankie Grover Ms. Virginia Irvin reminded the Council of the three members who comprise the Huntsville Arts Commission as being Gibbs, Dr. Charles Schmidt and Mr. Ralph Lawson. He asked the Council to ratify his appointments. Councilman Dickens moved to ratify the appointments of these eight individuals to the Advisory Group and Councilman Hodges seconded the motion.All were in favor and the motion passed unanimously. Consider funding appropriations for the Huntsville Arts Commission Mayor Waller then requested that the Council allocate $30,000 from Revenue Sharing to fund the various programs of the Arts Commission for 1978-1979. Councilman Dickens moved to allocate $30,000 from Revenue Sharing to fund the programs of the Arts Commission and Councilman Diagle seconded the motion. Councilman Brown moved to amend the motion to add the word "maximun" to the allocation of $30,000,so that no more than $30,000 is allocated and conveying the thought that not all of this $30,000 must be spent on these programs. Councilman Dickens accepted the amendment to his motion and Councilman Daigle agreed to accept the amendment also. All were in favor and the motion therefore passed. It was noted that any expenditure of the funds for the various arts programs recommended by the Huntsville Arts Commission would require Council action. This allows the Council to monitor the equal distribution of the funds over many segments of the arts. To date, no authorizations by the Council have been made. The Council then adjourned to an Executive Session to discuss legal and real estate MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 28TH DAY OF NOVEMBER, 1978 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:30 P.M. The Council met in regular session with the following members present: Councilmember Hodges moved to award the bid as recommended and Councilmember Dickens seconded the motion. All were in favor and the motion passed unanimously. Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens William Hodges Jack C. Parker The Council Meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by City Attorney, Jack Haney. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilman Hodges moved to accept the minutes of the November 14,1978 meeting as presented and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER REQUEST FOR TAXICAB LICENSE` The City Manager, Jim McAlister, then presented a request for a taxicab license by a Mr. IsaacLewis. Mr. Lewis proposes to operate one taxicab initially, with the possibility of adding additional cabs as his business grows. Mr. Lewis plans to be doing business as "Skycab." Mr. McAlister indicated three cab companies presently exist in the city which operate a total of five taxicabs. According to the Code of Ordinances, the City Council has the power to grant or refuse such a permit, at its discretion, for the benefit or in the best interest of the general public. After some discussion, Councilman Brown moved to grant the permit to Mr. Lewis and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS ON MINI PUMPER FOR FIRE DEPARTMENT The City Manager, Jim McAlister, told the Council that bids were opened onNovember, 15,1978 for the purchase of a mini (attack) pumper. The five bids are as follows: CONSIDER BIDS RECEIVED FOR THE SALE OF THE AIRPORT PROPERTY Mayor Waller indicated bids had been received for the sale of this property. He said in previous discussions of the Council regarding the bids, it was the consensus of the Council to reject all bids and to consider rebidding the property. Councilman Dickens moved to reject all bids and to rebid on a revised bid structure and Councilman Hodges seconded the motion. Councilman Parker abstained from voting due to his unfamiliarity with the discussions held during his absence. CONSIDER AUTHORIZATION FOR O'MALLEY $ CLAY TO COMPLETE PLANS AND SPECIFICATIONS FOR PHASE IV RUNWAY OVERLAY Mr. John Pledger of O'Malley $ Clay of Brenham, Texas indicated that in taking bids for the Phase IV .ro- - as .een operating on a ver al agreement with the City and FAA on the preparation of these plans and specifications. He indicated he needs to formalize an engineering agreement for the per - of these tasks. He requested the Council's authorization for the City to enter into an engineering services agreement with O'Malley & Clay at this time for Phase IV; reminding the Council that each phase is conducted under a new engineering services agreement. Mr. Pledger indicated the verbal agreement with FAA is for $5,000 for the design phase, $4,125 for con- struction phase services, and $15 per hour for inspection services during construction itself. He said this engineering services agreement has been approved by FAA and now needs Council action. The total basic fee is approximately 3.7 percent as opposed to the usual 8 percent. Councilman Dickens indicated he had not had an opportunity to review the contract. Upon learning that the City Attorney had not reviewed the contract either, Councilman Dickens moved to defer action until the appropriate review could take place. The Council agreed to defer action and to place the matter on the agenda for the next council meeting. CONSIDER BIDS RECEIVED FOR AIRPORT IMPROVEMENTS --OVERLAY OF AIRPORT RUNWAY --PHASE IV -- Mr. Pledger then presented the bids received on November 22,1978, as follows for the Phase IV runway over- lay improvements. R.T. Montgomery, Inc. No Bid Pit Construction Company $311,226.50 Smith and Company No; Bid Young Brothers, Inc. $258,381.00 No Bid $319,726.50 No Bid $276,381.00 $264,865.40 $274,926.50 $429,102.00 $248,481.00 $274,865.40 $283,426.50 $444,102.00 $266,481.00 1978 Dodge with American LaFrance Pumper Delivery: 15 days Base Bid . Alternate -1 : Alternate -2 Alternate -3 : 1979 Dodge with Pierce Pumper Delivery: 150 days 1978 Dodge without locking rear end (Pierce Pumper) Delivery: 150 days Consists of no access road, new FAA specifications for hot mix. Consists of access road, plus new specifications. Consists of no access road, and standard specifications. Consists of an access road, and standard specifications. Mr. Pledger recommended accepting the bid of Young Brothers, Inc. of Waco, Texas. He also recommended that the contract be based on the alternate bid no. 3, revised by change order no.1, which produced a net reduction in the bid price of $266,481.00 by $6,000, leaving a total of $260,481.00. He said the $6,000 is realized by changing the location of the access road and making it a narrow road,.. from US 75 rather from across the apron and across the taxiway. He indicated the City's share could be between $50,000 and $55,000, representing a 20-80 percent split with FAA. 1979 Dodge with Ward LaFrance pumper Delivery: 120 days 1979 Dodge with Emergency One Pumper Delivery: 180 days 1979 Chevrolet with Emergency One Pumper Delivery: 120 days 1978 Ford with Emergency One Pumper Delivery: 3 weeks 1979 Dodge with Marion pumper Delivery: 150 days 1979 Dodge with Pirsch pumper Delivery: 150 days Jim McAlister indicated it is the recommendation of the Purchasing and Fire Divisions that the bid submitted by Martin Apparatus Company for the 1979 Dodge Truck and Pierce Pumper in the amount of $26,155 be accepted as the best and most responsible bid. He said Revenue Sharing Fundsin the amount of $27,000 have been budgeted for the purchase of this vehicle. (bid for Phase IV runway overlay project) engineering fees ($5,000 for two months of construction; $5,000 for design; and $4,125 for construction phase services). a 10% contingency factor Total Mr. Pledger indicated 20 percent of $300..000is $60,000 for the City's share, considering contingency. He indicated $265,000 will be received as a grant from FAA. A. E. VanDever, Director of Finance, indicated the City currently has $40,000 available from Phase 'III to fund part of Phase IV. He said with the new development of an 80-20 split of percentage with FAA, rather than the 90-10 percent split, an additional $20,000 is needed. He recommended mentally earmarking $20,000 of Revenue Sharing Contingency funds at this time and to make the exact appropriation when the final figures are available. (Phase III incurred some cost underruns,cut backs on the scope of the project, and obtained some monies from the sale of land --therefore, some surplus funds are remaining,) Councilman Parker stated he would like to earmark at this time $20,000 of Revenue Sharing funds to complete' the Phase IV project. Mr. VanDever indicated his office would show this amount in the reports as a contingency I appropriation. The Council concurred. Councilman Brown then moved to accept the bid of Young Brothers, Inc. in the amount of $260,481.00 subject to acceptance by the contractor of Change Order No.1 (access road) and subject to FAA approval. Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AUTHORIZATION OP FUNDS FOR PURCHASE OF TWO SIGNAL INSTALLATIONS Jim McAlister, City Manager, indicated the Council has discussed the possibility of installing signalizatio devices at the intersections of llth Street and Normal Park, and Sam Houston Avenue at 19 Street. He said, however, the Council did not previously have available to them the results of the traffic safety study done by Lockwood, Andrews and Newnam. He said this study identifies high accident intersections and the two intersection above did not even make the top 15 mentioned in this study. The City Manager indicated the Council should consider whether they wish to wait until the traffic study is final before allocating funds for these locations on a priority basis, or continue the plans to signalize the two intersections mentioned above. Councilman Parker moved to postpone any action until the completion of the traffic study. The motion did not receive a second and Councilman Parker then removed the motion. Councilman Dickens urged that. the Council go out for bids on these signals so that they would at least have some idea of the costs of signalization for these two intersections. Mr. McAlister indicated it would cost about $4,000 to have an engineer draft -up the necessary bid specifications and plans for this electrical work because the City does not have this kind of in-house expertise. Councilman Dickens felt this would be a worthy investment due to their potentially dangerous nature and their definite pecularity from other intersections. Councilman Parker suggested the State provide these specifications and plans. Mr. McAlister indicated they would but that their costs to us would be about $4,000. Mayor Waller suggested asking Mr. Jerry Nemec, Engineer for the State Highway Department to work up this proposal so that the Council could then consider the costs and perhaps take some action in the next council meeting. This proposal to include the feasibility of the State doing this, what the costs would be, and the time table for con- ducting this work The Council decided to defer any action for allocation of engineering fees at this time pending the report from Jerry Nemec as indicated above. CONSIDER AUTHORIZATION OF FUNDS FOR ACQUISITION OF HIGHWAY 247 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING, HELD ON THE 12TH DAY OF DECEMBER, 1978 CHAMBERS , LOCATED IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS, AT 7:00 P.M. with the following members present: Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens Bill Hodges Delora King Goree McGlothen Jack Parker The meeting was called to order.by the Honorable Morris.I. .Waller, Mayor. The invocation was given by Councilman Jack Parker. Jim McAlister advised the Council that the City entered into a contract in 1968 with Mr. W. H. Knotts, Sr. for the construction of a six inch water line which extended from the intersection of Avenue M and University, north to the Knotts' estate, which is located outside of the city limits. He said this contract circumvented existing policies of that time indicating that all extensions belong to the City. This exception was made, he said, because this line did extend outside of the corporate limits of the City. He told the Council that due to the numerous problems associated with the Knott's ownership, he was requesting the Council's authorization of $6,634 from the Water and Sewer Contingency Fund to the Operating Fund so the City might acquire this line and all rights to it to simplify its maintenance, and for the City's use and benefit. Councilman Parker moved to acquire the Highway 247 water line and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Councilman Hodges moved to transfer $6,634 from Water and Sewer Contingency Fund to buy this line and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. CONSIDER APPOINTMENT OF HGAC GENERAL BODY MEMBERSHIP REPRESENTATIVE AND ALTERNATE FOR 1979 CONSIDER'THE MINUTES OF THE PREVIOUS MEETING The minutes of the meeting of November 28, 1978 were then presented to the Council for their consideration. Councilman Corley moved to adopt the minutes as written and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Jim McAlister indicated the Council needs to select angp eentative:ai►damalternate from the Council to participate in HGAC's general membership activities. He indicated Councilwoman Delora King was absent from this meeting due to her attendance of an annual meeting of the HGAC General Membership Body in Pearland, Texas. He then asked the Council's consideration of Delora King as the City's delegate and Councilman E. Larry Dickens as the City's alternate to the HGAC General Body Membership for 1979. Councilman Parker moved to make these appointments and Councilman Daigleseconded the motion. All were in favor and the motion passed unanimously Consider amendments to City's speed limit ordinances for IH 45 and US 75 . CONSIDER BIDS ON TWO CAB CHASSES AND SERVICE BODIES FOR THE WATER AND SEWER DIVISION;'AND BIDS'FOR FOUR NEW'P.OLICE CARS Jim McAlister then presented the bids for the chasses and service bodies, as follows: Stewart Herring Motors --Madisonville Huntsville Chrysler -Plymouth Mr. McAlister indicated it is the recommendation of the Water and Sewer Department and the Purchasing Division that the low bid of $10,729.74 by Huntsville Chrysler -Plymouth be accepted as the best and most responsible bid. Jack Haney, City Attorney, then presented the following ordinances, captioned below, for the Council's AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE BY AMENDING SUBSECTION (a) OF SECTION 12-11, SPECIFICALLY DISIGNATING ADDITIONAL AREAS WITHIN THE CITY OF HUNTSVILLE, TEXAS, IN WHICH RATES OF SPEED OF 30 MILES PER HOUR OR MORE ARE AUTHORIZED; RESCINDING ALL PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING THAT ATTENDANT FACTS NECESSITATE IMMEDIATE ACTION. The City Manager then presented the bids received for the service body for the 3/4 ton cab and chassis. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE BY ADDING A NEW SECTION TO BE NUMBERED SUBSECTION F OF SECTION 12-11 RELATING TO A SPEED ZONE WHICH SPECIFICALLY DESIGNATES AN ADDITIONAL AREA IN THE CITY OF HUNTSVILLE IN WHICH RATES OF SPEED OF 30 MILES PER HOUR OR MORE ARE AUTHORIZED; RESCINDING ALL PARTS OF ORDINANCES IN CONFLICT HEREWITH AND DECLARING THAT ATTENDANT FACTS NECESSITATE IMMEDIATE ACTION. The Council, being familiar with the request for amended speed limits from the Texas Department of Highways and Public Transportation Office, moved to accept the recommended changes through these ordinances. Councilman Corley moved to adopt Ordinances No. 78-19 and No. 78-18 and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. Longhorn Truck $ Equipment --Houston Mr. McAlister told the Council it is the recommendation of the Water and Sewer Department and the Purchasing Division that the low bid submitted by Longhorn Truck and Equipment in the amount of $3,047.00 be accepted as the best and most responsible bid. He indicated funds have been appropriated in the Water and Sewer budget in the amount of $13,000.00 for the vehicles and service bodies. Councilman Dickens moved to award the bid to Huntsville Chrysler -Plymouth in the amount of $10,729.74 for two Dodge 3/4 ton.cabs and chasses, and to award the bid to Longhorn Truck and Equipment in the amount of $3,047.00 for the two service bodies for the 3/4 ton cabs and chasses. Councilman McGlothen seconded the 'motion. All were in favor and the motion passed unanimously. It was noted these funds were available in the Water and Sewer Department budget. Consider Bids on Four Police Cars Jim McAlister then presented the bids on four new police cars, as follows: Mayor Waller indicated it was his pleasure to meet, along with County Judge Ralph Davis, Sheriff Darryl White, Chief Gail Burch, Dr. Victor Strecher of the University's Criminal Justice Department, and several others, before the staff of the Criminal Justice Council in Austin regarding the possibility of a grant for construction of the jail in Huntsville and Walker County. He said they were well received. He said a 50 percent grant possibility exists. Mayor Waller then called for an executive session to discuss real estate. Stewart -Herring Motor Co. Madisonville Council meeting therefore adjourned. November 28, 1978 The City Manager advised the Council it is the recommendation of the Purchasing Division and the Police Di- vision that the bid submitted by Huntsville Chrysler -Plymouth for the Volare' with the 360 engine in the amount o $24,118.72 be accepted as the best and most responsible bid. He said Revenue Sharing funds in the amount of $25,600 have been allocated for this purchase. Councilman Dickens moved to award the bid to Huntsville Chrysler -Plymouth in the amount of $24,118.72 and to fund it with revenue sharing funds. Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RECOMMENDATIONS OF THE FINE'ARTS COMMISSION Consider Appointments to the Fine Arts Commission's'Advisory'Board'and'the Planning' Commission Mayor Waller deferred action on these appointments until further consideration could be given to the matter. The City Council then adjourned into the scheduled work session. Jim McAlister, City Manager then presented-tit<prepar;ed recommendation of the Fine Arts Commission for funding from Revenue Sharing Funds, as follows: $8,000.00 ,11.11 Music Programs • $5,394.75 Huntsville Community Theatre $4,000.00 Ruth DeShaw, City Secretary December 12, 1978 Mr. McAlister indicated the Council had previously allocated $30,000 as a maximum amount to be spent on the arts programs. If the Council awards the recommendations above, that will leave an unallocated balance of $5,205.25. Mr. McAlister then posed the question of the legality of passing through funds to the Community Theatre with whom the City had no formal contract. After some discussion, Councilman Dickens moved to fund the arts programs in the amount of $24,794.75, pending legal clarification from the City Attorney on the legality of funding the Huntsville Community Theatre. Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. BUSINESS OF THE CITY ATTORNEY --JACK HANEY Consider Proposed Off Street Parking Ordinance Jack Haney then read the caption of the ordinance as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ARTICLE III, CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE BY ADDING AN ADDITIONAL DIVISION 3 AND AN ADDITIONAL TWO SECTIONS TO BE NUMBERED SECTION 12-65 AND SECTION 12-66 AND BE ENTITLED OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS AND PROVIDING AN EFFECTIVE DATE. Mr. Haney presented the ordinance to the Council and indicated Mr. Wayne Neumann, Director of Community Development, has recommended some changes via his memorandum of December 12, 1978. After review by the Council, Councilman Hodges moved to adopt the Ordinance with the recommendations for amendment from Mr. Neumann and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Mr. Haney will incorporate the amendments into the ordinance and file it with the City Secretary, who in turn, will publish the new ordinance in the newspaper of the City of Huntsville, the Huntsville Item. Consider Contract with O'Malley $ Clay for Phase IV Airport Overlay Project Jack Haney, City Attorney, then presented the "Agreement :for•Engineering Services" between the City of Huntsville and O'Malley $ Clay, Inc. to furnish professional engineering services for Phase IV Plans and Specifications, in connection with the City's project consisting of asphalt overlay of runway and pavement marking at Huntsville Municipal Airport. Councilwoman King moved to accept the contract agreement with O'Malley $ Clay as presented and Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. Consider Contract with O'Malley $ Clay for Plans add Specifications for the Airport Access Road. Jack Haney, City Attorney, then presented the "Agreement -for Engineering Services" between the City and O'Malley $ Clay, Inc. to construct a parking lot and additional apron area at the Huntsville Municipal Airport and reconstruct the existing airport access road with funds made available by the Texas Aeronautics Commission the Owner (City). Councilwoman King moved to accept the contract agreement with O'Malley F Clay as presented and Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S REPORT-- MORRIS'I. Consider Appointments to the Tourist Council Mayor Waller recommended the appointment•of Delora Rogers King as the City's representative on the Tourist Revenue Governing Board. He also then recommended the joint appointment, by the City and the Chamber of Commerce of Mr. Glynn Herrod, to fill the position of•"at•large from the community" (jointly appointed by the Mayor and the Chairman of the Tourist Division of the Chamber), Councilman Parker moved to accept the Mayor's appointments and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 9TH DAY OF JANUARY, A.D., 1979 IN THE CITY CHAMBERS LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. with the following members present: Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack Parker of Lockwood, Andrews and Newnam, Inc. to conduct the engineering study for determining plans and specifications and costs of implementing signalization at these two intersections. Councilman Daigle seconded the motion. Councilman Corley voted AGAINST the motion and Councilwoman King ABSTAINED, which is recorded as a "NO" vote. All others were FOR the motion and it then passed. There were five votes FOR and two votes AGAINST. Note: Councilman Parker departed the meeting prior to this discussion and did not vote on the issue. ing -. Councilman Goree McGlothen. ADMINISTRATIVE REPORTS --JIM MCALISTER, CITY MANAGER Engagement Letter --Hereford Lynch & Company --Revenue Sharing Audit Jim McAlister then introduced a letter from Jerry Simpson, C.P.A. with the firm of Hereford, Lynch and Company, which would engage his firm to conduct a revenue sharing audit for fiscal year 1977-1978, for a fee not to exceed $1,000. Councilman Brown moved to engage Hereford, Lynch and Company to conduct this revenue sharing audit for the City and Co ded the motion All were in favor and the motion passed unanimously. Funds to come from Revenue Sharing Contingency. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then introduced the minutes of the previous meeting of December 12, 1978 for the Council's consideration. Councilwoman King moved to adopt the minutes as presented and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. OPEN PUBLIC HEARING FOR THE PURPOSE OF HEARING COMMENTS FROM THE PUBLIC REGARDING THE USE OF TEXAS AERONAUTICS COMMISSION FUNDS TO CONSTRUCT AN Mayor Waller then opened the public hearing and to introduce the subject, he asked Mr. John Pledger, enginee with the firm of O'Malley & Clay of Brenham, to discuss the project. Mr. Pledger indicated for a total project amount of $70,000, the project would include a paved access road and a 30 vehicle parking lot. Mr. Pledger indicated the Texas Aeronautics Commission has verbally committed $35,000 to this project and the City will have to match this with $35,000 of local funds (from the City's Revenue Sharing fund). Mr. Pledger indicated after the Council authorizes the application for these TAC funds, it will require approximately two to three weeks to submit the grant application and process the paperwork required prior to commencing the project. He indicated the plans and specifications on this project would be ready by the latter part of next week. The hearing was then opened to anyone present who wished to speak to the commitment of these funds. There being no one present to speak on the matter, the Mayor then closed the public hearing. CONSIDER FINAL AUTHORIZATION OF THE APPLICATION FOR TEXAS AERONAUTICS COMMISSION FUNDS MAYOR'S REPORT --MORRIS I. WALLER Appointments to Planning Commission and Fine Arts Commission's Advisory Panel Mayor Waller deferred action on these appointments pending further consideration. Request for Assumption of Maintenance of Old State Highway 19 by State Highway Department Mayor Waller read a letter he had received from Mr. Carol D. Zeigler of the State Department of Highways and Public Transportation, which requested the City Council's consideration of assuming the maintenance of Old Highway 19 between the City and Loop 405, upon completion of the Loop 405 loop around the City. It is the High- way Department's plan to remove Highway 19 (between the City and Loop 405) from its maintenance list. Mayor Waller indicated in the original master plan, it was the State's plan to request Walker County to assume this maintenance upon completion of the loop project; however, since the City now encompasses that section of Highway 19, the maintenance responsibility now will rest with the City, should they accept the SDHPT's request. After some discussion, the Council expressed their opinion that the financial burdens now on the City of Huntsville would not allow the assumption of the maintenance responsibility. Therefore, Councilman Corley moved to advise the State Department of Highways and Public Transportation through Mr. Carol D. Zeigler, that the City of Huntsville declines to accept the request to maintain Highway 19 within the City limits of the City Councilman McGlothen secondedthe motion. All were in favor and the motion passed unanimously. Mayor Waller then asked the Council for their motion in this regard. Councilman Corley moved to authorize the City Manager to execute a contract with TAC for these airport improvements and Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. CONSIDER COMMISSIONING LOCKWOOD, ANDREWS AND NEWNAM FOR ENGINEERING WORK FOR SIGNALIZATION OF 11TH STREET AND AND NORMAL PARK AND 19TH STREET AND SAM HOUSTON AVENUE IN HUNTSVILLE Mayor Waller then indicated the Council's wish to commission Lockwood, Andrews, and Newnam to prepare the engineering plans and specifications for signalizing these two intersections and to present cost estimates for such installations to the City. He indicated their professional fees for the preparation of such study would range from $3,000 to $4,000; however, no firm quote has been received by the City. Jim McAlister told the Council that before they take action on this tonight, Mr. Mike West, Traffic Safety Coordinator based at Sam Houston State University's Traffic Safety Engineering Office, and funded from a grant from the Governor's Office of Traffic Safety, wished to remark on a recent traffic study done on Huntsville's major intersections by the same firm, Lockwood, Andrews and Newnam, Inc. Mr. West said although the report is "preliminary," it lists 15 other high accident locations which should be addressed first, prior to any Council action on the intersections listed above. Councilman Dickens, referring to the sections of the report which specifically spoke to llth Street and Normal Park and 19th Street and Sam Houston Avenue, firmly supported the authorization of the new study by Lockwood, Andrews and Newnam. Below are some excerpts from the LAN report, dated August of 1978: 19th Street and Sam Houston Boulevard Traffic signals are considered warranted at this intersection as a part of the interconnected signal system. The intersection is presently hazardous for both vehicles and the numerous student pedestrians, due to the site distance problem and the relatively high speed of vehicles on Sam Houston. By controlling vehicle speeds and separating conflicting traffic movements, the signal should improve this situation. The following phase sequence and timing is recommended based on volume counts and capacity information (see report for this). It is also recommended that separate pedestrian signals be installed to operate in conjunction with the vehicular traffic signals. llth Street and Normal Park Drive inquired as to -the status of the Street paving program. Mr. Gene Bates, Street Superintendent, indicated the temperature must be 65 degrees in order to apply the AC -5 (two -coat penetration). He indicated the paving program will be reactivated in the spring with warmer temperatures. Council- man Brown requested a progress report on the street paving program to date, and the proposed priority listing for street paving this spring and summer, 1979. requested of the City Administration, a copy of a list of accomplishments of the City for the last fiscal year. Mr. McAlister, City Manager, indicated this list is being drafted now and will be part of the City's program budget which will be available for Council review this spring. The Council then adjourned for a ten minute recess, to convene in the scheduled work session following the recess. An executive session was also called to discuss personnel, real estate, and legal matters. . . Semi -actuated traffic signals with vehicle detectors on Normal Park are considered warranted at this intersection . . . This type of traffic control will best accommodate the periodic heavy traffic on Normal Park Drive. The addition of traffic signals should effectively reduce vehicle speed on llth Street and decrease the probability of right-angle collisions. . . . Longer range improvements should be considered for alternative traffic routes and improving other access points in and out of the area . . . Councilman Dickens rejected the delay requested by Mike West as he felt these two intersections should be addressed immediately by the City Council because of their peculiarity and potentially hazardous nature. After more discussion, the Council then voted as follows: Councilman Dickens moved to commission the firm MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 16TH DAY OF JANUARY LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT session with the following members present: Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens Delora King Goree McGlothen Jack Parker Engineering Easements Legal Supplies Appraisals $14,156 $11,750 $ 806 $ 1,659 $ 8,745 Unallocated balance The Mayor then called the meeting to order and Councilman Daigle gave the invocation. Engineering Easements Leal Supplies Appraisals $12,206 $24,278 2 552 $ 8 $ 8,745 CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting for the Council's consideration. Council- man Brown moved to adopt the minutes of the meeting of January 9, 1979 and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Councilman Brown moved to commission Bernard Johnson, Inc. to complete the plans and specifications and contract documents on the Town Branch drainage project and Councilman Dickens seconded the motion. All were favor and the motion passed unanimously. Jim McAlister, City Manager, indicated bids were received on December 28, 1978 for a vacuum sweeper for the Street Division. He said funds for purchase of this equipment were approved as the Number 1 ranked item in the list of equipment to be purchased with Certificates of Obligation in the Fiscal Year 1978-1979 budget. He said the amount estimated during the spring budget preparations was $42,000. The three bids received are as follows: BDM Equipment Company R. B. Everett Company Gulf States Crane Ford International International Mr. McAlister indicated the Elgin vacuum sweeper was the only unit that met or exceeded all of the specifi- cations. He indicated the vacuum type sweeper is far more efficient and has lower maintenance costs then con- ventional brush type sweepers. He indicated the staff feels this type machine is recommended based on the City's program requirements. After some discussion by the Council, Councilman Corley moved to accept the bid of Gulf States Crane for the Elgin Vacuum Sweeper in the amount of $59,945, and to make a down payment of $14,986.25, or 25 percent of the total cost and to fund the remaining balance through certificates of obligation over a four year payout plan. The funds to come from the General Fund Contingency fund. Councilwoman King seconded the motion. All were in favor of the motion and it passed unanimously. City Manager Jim McAlister indicated the balance in the General Fund Contingency fund, after this purchase, would be $108,000. The very conservative average life of this sweeper is placed at four years; therefore, the Council chose to pay off the certificates of obligation over a four year period, at 25 percent per year (75 percent in C.O.'s; 25 percent down payment). BUSINESS OF THE CITY ATTORNEY --JACK HANEY Consider amendment to the Health Code regarding food handlers MAYOR'S REPORT --MORRIS I. WALLER, MAYOR Consider appointments to Planning Commission and Fine Arts Commission's Advisory Board Mayor Waller indicated he was not quite ready to make these appointments. He indicated further considera- tion was being given to candidates and their qualifications. Proclamation Proclaiming Arbor Day in Huntsville Mayor Waller then proclaimed, in cooperation with the Texas Forest Service and the Texas Forestry Associa- tion, January 19, 1979 as ARBOR DAY IN HUNTSVILLE. He urged all citizens individually and in association, to recognize Arbor Day and that this is the 90th observance of ARBOR DAY in Texas. Rio Airways, Inc.'s Operating Authority Mayor Waller then announced that the Texas Aeronautics Commission has issued an order to Rio Airways, Inc. regarding their application for a certificate of operating authority, which includes the City of Huntsville. It revises their route and designates the cities in Texas in which they are authorized to operate. Those cities, as of January 10, 1979 are: Waco, Temple, Killeen, College Station, Wichita Falls, Huntsville, Houston, Intercontinental in Houston, William P. Hobby, Dallas Fort Worth Regional Airport, Dallas Love Field and San Angelo. Jack Haney indicated he needed more time to draft this ordinance and would like to postpone action on this subject until a later date. asked Mr. Gene Pipes, Director of Public Services, what the City was doing in observance of Arbor Day. Mr. Pipes indicated two trees were planted this date for the Daughters of the American Revolution. A tree will be planted at the City Public Library for the Huntsville Garden Club. asked Mr. Pipes for an update on the trees planted at Ross Park. Mr. Pipes indicated 28 of the 60 trees still need to be planted. He indicated the honorarium stones (listing the donars) will be placed beneath each tree very soon. He said the park looks very different with the addition of the trees. ADMINISTRATIVE REPORTS --JIM McALISTER Consider commissioning Bernard Johnson, Inc. for the Town Branch Drainage Work Jim McAlister, City Manager, told the Council that in 1975-1976 the City was awarded two grants from the Department of Housing and Urban Development (HUD) to the Community Development Department for the Town Branch and Avenue C drainage improvements. Mr. McAlister said the City has aspired to conduct the work of this project "in-house," however, the Department of Housing and Urban Development has advised us, after a visit to Washington, that funds could be greatly decreased for projects of this type in the future and the demands will perhaps be greater. They asked that the City have this project completely under contract by March 1, 1979. Mr. McAlister indicated all of the engineering to date has been completed on the Avenue C project and it is presently under construction with force account labor. He said only about 20 percent of the Town Branch project has been com- pleted because of the limitations of one staff engineer. He said the City will not be able to meet this March 1 deadline with present staff limitations. The firm of Bernard Johnson, Inc. was then recommended by the City Manager for commissioning to complete the engineering design and contract documents and specifications which will allow us to go out for bids in an effort to complete this project or get it under contract by March 1. He said Bernard Johnson proposes to give us a 10 percent reduction for staff engineering done to date, setting their fees at 7.0 percent, or $17,040± depending on actual bids. Bernard Johnson's estimated cost of the project is $200,000±. Jim McAlister indicated this project is funded 100 percent from the Department of Housing and Urban Develop- ment. He then set out the project cost status to date, as follows: News media in attendance were I. J. Waldon of KSAM; Freida Rosner of the Houstonian; and Terry Scott Bertling of the Huntsville Item. The Council then recessed for five minutes prior to reassembling in the regular work session to follow. 'uth DeShaw, City Secretary January 16, 1979 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 23RD DAY OF JANUARY, 1979, IN THE CITY HALL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 7:00 P.M. Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack Parker Mr. McAlister said it is the recommendation of the Public Safety Department and the Purchasing Division that the low bid submitted by Motorola in the amount of $14,412 be accepted as the best and most responsible bid. Mr. McAlister then presented the budgeting schedule for the radios: The Mayor called the metting to order and the invocation was given by Councilman Bill Hodges. CONSIDER THE MINUTES OF THE PREVIOUS MEETING The Mayor then presented the minutes of the previous meeting of January 16 to the Council for their con- sideration. Councilwoman King moved to adopt the minutes as prepared and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS ON RADIO SYSTEM FOR THE PUBLIC UTILITIES DEPARTMENT Jim McAlister indicated the Public Utilities Department is experiencing communication difficulties with the mobile units now being used. With the present system, mobile units must be within a limited range to have direct radio contact; if not, then all communication must be channeled through a central base station. The frequency now used, he said, has interference problems from several cities and the Department of Corrections, which a repeater system would eliminate. These problems were presented to Council in a decision package and a certificat of obligation in the amount of $18,000 was approved as a means for obtaining a new system. Mr. McAlister then presented the bids which were received on January 11, 1979 for three alternatives: 1)con version of the existing Motorola system to a repeater system; 2) replacement of the existing system with all new equipment (repeater base station and 35 mobile units comparable to the existing Mocom 70 units now being used); or 3) replacement of the existing system with all new equipment (repeater base station and 35 dash mounted mobile units). 5 mobile units 4 portable units Mr. McAlister indicated the City anticipated purchasing the police and health units out of revenue sharing funds. He said the City actually budgeted more money than is needed here, so we have $2,754.00 over and above what is needed in revenue sharing funds that could be applied to the Fire Division's radios to reduce their costs that we need to fund through certificates of obligation, from $10,557 to $7,803.00. He then recommended the Council accept the bid from Motorola in the amount of $14,412 to purchase what we could with revenue sharing funds and to fund the balance of $7,803.00 with certificates of obligation. He then proposed to lump this purchase with the previous one for the Public Utilities Department for a total certificate of deposit of $28,327. Councilman Brown moved to accept the bid of Motorola in the amount of $14,412 and Councilman Parker second- ed the motion. All were in favor and the motion passed unanimously. Mayor Waller indicated a motion is now in order to combine these two purchases into one certificate of obligation. Councilwoman King then moved that the City combine the $20,524 purchase for the Public Utilities Department with the $7;803 purchase for the Public Safety Department into one certificate of obligation for a total of $28,327, and Councilman, Parker seconded the motion. All were in favor and the motion passed $ 8,538.40 $45,972.00 $31,352.50 No bid $35,556.00 $24,734.00 $10,853.57 $39,789.00 $4,015.00 $4,015.00 $ 270.00 $5,220.00 $31,541.00 $20,719.00 $10,583.57 $34,569.00 Motorola bid two options on alternative 3, as follows: 25 watt Maxar per specifications 50 watt Maxar 80 per specifications Mr. McAlister indicated it is the recommendation of the Public Utilities Department and the Purchasing Diaiision that the bid submitted by Motorola (alternative 3, Option 1)_ in the amount of $20,254.00 be accepted as the best and most responsible bid. He said it is further recommended that the base station now being used be retained by the City for a backup station because the trade-in allowance was so low. The total price, including the $270.00 trade-in allowance would be $20,524. Mr. McAlister asked the Council to consider funding this equipment with certificatesof obligation. Councilman Corley moved to accept the bid submitted by Motorola (alternative 3, Option 1) in the amount of $20,524.00 (without the trade in and to retain the backu• station, and to fund this •urchase with a certi- ficate of obligation which payment method was previously approved. Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS ON RADIO SYSTEMS FOR THE POLICE AND FIRE DIVISIONS CONSIDER UTILITY EXTENSION FOR YOAKUM RIDGE SUBDIVISION Jim McAlister indicated this subdivision was initially approved in 1974. He said at that time the sewer line stopped at a place on Windsor Street just behind the Green Acres Subdivision. He said with subsequent de- velopment of the lots owned by Dr. Ralph Cble (for Dr. Steve Davis' office) and ultimately the development of Dr. Phillip Campbell's property, Dr. Ralph Cole and the City entered into an agreement formally with the developer at the time that he was having the sewer line placed, to go ahead and extend the sewer line beyond the point that was originally platted on the subdivision plat to serve these properties. Mr. McAlister indicated this would come under our utility extension ordinance and the cost of this extension was $3,155. He said the City had to have Windsor Street bored at one point to get across to Dr. Cole's property and this cost was $1,577 and the line cost $1,578 for approximately 200 feet. He said it is our usual practice to participate in one-half the cost of the first 300 feet, our cost would be $789.00 for the line and the line for Dr. Cole's share would be $789.00. Mr. McAlister then asked the Council for their authorization of the City's share of the road bore and ourline cost (one-half of the line cost of that first 200) in the amount of $2,366.00. He indicated Dr. Cole will pay the balance of $789.00. He said if Dr. Campbell develops his property, then he would reimburse both the City and Dr. Cole on a prorate basis at some subsequent date that he would need this service. He said this authorization to refund the developer $2,366.00 would be funded from the Water and Sewer Contingency Fund. Councilman Parker then moved to authorize the City staff to refund to the developer of the Yoakum Ridge Subdivision the amount of $2,366 from the Water and Sewer Contingency Fuhd, as recommended by the City Manager. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Jim McAlister, City Manager indicated the City is in the second year of a three year program to replace all low band radios with high band models because of the interference and -congestion problems experienced with the low band system. He said on January 11, 1979 bids were received and opened for the purchase of eight mobile radio units and four portable radio units. The bid tabulation is as follows: $1,394/$11,152 $1,285/$10,280 BUSINESS OF THE CITY ATTORNEY --JACK HANEY Consider Ordinance Amending Health Code Regarding Food Handlers --Ordinance No. 79-1 Jack Haney then presented an amendment to Chapter 8A entitled: "Food and Food Establishments." This amend- ment added Section 8A-63, requiring an individual desiring to work in an establishment as a food handler to obtain a food handler identification card within 30 days from the date of his employment. Mr. Haney indicated this amendment requires food handlers to obtain an identification card and enroll in a food handlers course taught under the direction of the Health authority. After passing the examination at the end of the course, the foodhandler would be issued a food handler's identification card to expire fivb years from the date on which it is issued. The ordinance provides for renewals for a successive five year period for a fee and com- pletion of a refresher course. The amendment also provides for the replacement of a misplace card for a fee. Councilman Brown moved to adopt Ordinance No. 79-1 requiring food handler's permits and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Consider Ordinance Adopting State "Rules on Food Service Sanitation," Ordinance 79-2 Jack Haney then presented Ordinance No. 79-2 which would adopt by reference the Texas Department of Health, Food and Drug Administration's "Rules on Food Service Sanitation --301'.73.11 011-.;011"whi.ch:.are in effect and=niust be enforced by the City. He indicatedthis ordinance would serve to update the City's present ordinances which do not meet these standards and would reduce the confusion of having comflicting standards on the city and state levels. MINUTES OF THE MEETING OF THE HUNTSVILLE CITY COUNCIL HELD ON THE 6TH DAY OF FEBRUARY, A.D., 1979 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS, AT 7:00 P.M. Since the Council did not have the opportunity to review the ordinance prior to the meeting, Councilman Parker moved to table any action until a proper review by the Council could be made and Councilman Brown seconded the motion. This item will be placed on the Council's next regular meeting for action at that time. The adoption of these rules owuld replace Sections 8A-11 through Section 8A-26 of the Code of Ordinances, entitled "Articlell. Restaurants," but would not replace the entire Section 8A . ADMINISTRATIVE REPORTS --JIM MCALISTER Consider Resolution No. 7901 regarding a supplemental grant request for an Inco -Term Computer (Management Information System) to the Criminal Justice Division (includes primarily all equipment). In a brief background statement, Chief Gail Burch indicated in September of 1978, the City submitted an application for a grant from the Criminal Justice Division of the Office of the Governor in the amount of $20,572.25, with a City's cash contribution grant of $3,990 and a City's in-kind contribution of $18,370.51 for a total project budget of $42,933.51. The City passed Resolution No. 78-16 at that time which expressed the Council's intent to provide the cash matching funding of 25 percent or $3,990.75 of the equipment costs in t-hi-s--g-r-an-t Resolution No. 79-1 is in support of a supplemental grant to that original grant submitted in September of 1978 and is necessary to acquire additional funding for the Inco -Term Computer equipment, which was more expensive than anticipated originally. The new grant is requesting $16,128 from the Criminal Justice Division for equipment, of which amount the City will match with a cash contribution of $4,032 which is 25 percent of the equipment costs. The City's in-kind (budgeted) contribution included in this project budget amounts to $10,871 for a total project budget of $31,031. The Director of Internal Services Patricia Allen, reported that $25,000 has been earmarked from Revenue Sharing funds to purchase the computer equipment as it comes in to the City. This amount will be repaid from the Criminal Justice Division when the grant monies become available. Council Parker moved to adopt the Resolution as presented and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. MORRIS I. WALLER, Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen The meeting was called to order by Lhe Honor Councilman Wayne Daigle. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting of January 23, 1979 to the Council for their consideration. Councilman McGlothen moved to adopt the minutes of the previous meeting as written and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Consider Resolution No. 79-2 regarding a grant request for Juvenile Crime Prevention and Diversion Unit to the Chief Burch told the Councilthat last fall, HGAC notified the advisory committee of which he is a member, that there were substantial surplus funds available from 1977, that had not been spent throughout the state of Texas, and that the different agencies could apply fbr these surplus funds. He said the City applied for a Juvenile Division and Diversion Unit in the amount of $40,582.00 He said there is no equipment requested in this grant, but it would furnish salaries and all benefits for two police officers plus some of the indirect operating expenses, etc. He said the only contribution the City has in this grant is "in-kind matching funds" (automobile, radio, gasoline, etc.) which are already budgeted in the Police Department's budget, in the amount of $8,500. This amount is included in the $40, 582.00 figure. The Police Chief indicated these two officers would function in the area of public relations with juveniles (working with them, makeing presentations in schools, going into homes in an attempt to help parents relate to their children and vise versa). He said the juvenile probation office handles all juveniles picked up in the Huntsville -Walker County area at the present time. He said this grant would allow the Police Department to hire two additional police officers to fill the vacancies created when two existing officers fill the grant positions. He said a follow-up grant has been submitted to continue this new pro- gram for the second year. He said the second year grant would require 20 percent cash matching funds because it is a second year grant; however, the City will have that option in October, 1979. Mayor Waller asked for a quarterly report on the new program for their evaluation each quarter. Chief Burch indicated the grant itself requires quarterly reports through the HGAC and that it would be no problem to present same to the Council. Councilman Parker moved to adopt Resolution No. 79-2 and Councilman Brown seconded the motion. in favor and the motion passed unanimously. Regarding the City's Need to Transfer the Usage of Funds of the Community Development Block Grant Program for the Town Branch Drainage Improvement Project from the Right of Way Acquisition Phase to the Construction Phase Mayor Waller then opened the hearing to the Public.. Jim Mcalister, City Manager, prefaced the hearing with some background information. He indicated the City was the recipient of two grants: a 1975 block grant for drainage improvements to obtain the right of way acquisition and the 1976 grant was for the actual straigh- tening and widening work of the channel. He said the City has requested of the HUD office to transfer the money unspent in the 1975 grant ($41,000) to the construction phase of the project in the 1976 grant. HUD said this is agreeable with them but that a public hearing is required before the transfer can be made. He said that although other suggestions for the use of these funds can be received, they might appreciably change the scope of the grant and could necessitate additional clerical work and certification by the HUD Department. Mayor Waller then asked the audience for any comments or suggestions. There being none, the recommendation to transfer the 1975 curplus funds to the construction phase of the project was then moved for acceptance by Councilman E. Larry Dickens and this motion was seconded by Councilman Larry Corley. All were in favor and the motion passed unanimously. Consider appointment to the Huntsville Arts Commission's Advisory Board Mayor Waller then appointed Mrs. Jane Phillips, a High School Art Teacher, to the Huntsville Arts Commission's Advisory Board to fill the position not fillecby Dr. Gaddis Geeslin, who was unable to serve in that capacity. Councilman Dickens moved to accept the Mayor's nomination and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. Consider appointment to the Huntsville Planning Commission Mayor Waller then appointed Mr. Leroy Bailey, Safety Engineer with the Texas Department of Health to the Planning Commission. Mayor Waller said Mr. Bailey is a Registered Civil Engineer, graduate of Prairie View A&M University and is very interested in City business. He indicated it was his judgement he would com- plement the professionalism of the Planning Commission. Mr. Bailey will fill the unexpired term of Bert Praytor, who resigned from the position. Councilman Dickens moved to accept the Mayor's recommendation and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AUTHORIZATION TO ADVERTISE FOR BIDS ON THE WEST LOOP WATER LINE TO THE HOSPITAL OFF IH -45 Jim McAlister, City Manager, reminded the Council that this matter had been discussed many times in the past just how and when this water line should be constructed so that the new hospital would be assured of having adequate water when it opens its doors. He advised the Council that he visited with Mr. Rennie Baker of Rowles, Winston and Company, Inc., the City's bond advisor, on the best method of financing this line. He said he and Mr. Baker agree this is too small a project for issuing bonds for financing. He said Mr. Baker believes, as he does, that issuing certificates of obligation is the best route to follow. He said the estimated cost of the line is $78,000t. Mr. McAlister said a final commitment to the line can be made when the bids are received, however, he recommended that the Council authorize the City to bid the project to get it underway and completed by the May opening of the new Hospital. Mayor Waller reminded the Council this water line is a part of the west loop system of the City. He said that although the City is not completing the rest of the system at this time, this is the City's legitimate expense in that we expect in the future to complete the entire loop system. Jim McAlister indicated this is a 12 inch line which begins at the 12 inch line, presently located below the Sam Houston Inn (across the J. B. Nelson tract) and runs from there, under the interstate to the Taylor Road area and then to the hospital's property on the west side of the freeway. Davidson Engineering, commissioned by the hospital Board, has almost completed the engineering work, reported McAlister. Councilman Corley moved to authorize the City to go out for bids on the water line for the hospital reserving the right to accept or reject as usual. Councilman Hodges seconded the motion. McAlister indicated funding would be with Certificates of Obligation coming from the General Fund because of the need to underwrite them with taxes; however, the General Fund would be reimbursed from the Water and Sewer Fund for the taxes spent on this project. The Council noted that the certificates of obligation on a five year "pay out" would be appropriate. All were in favor of the motion to advertise for bids and it passed unanimously. Mayor Waller noted the advertisement will include the method of payment to be through certificates of obligation. Council- man Dickens requested, at the time the bids are reviewed, receiving a map showing the location of the water lines in the loop system. BUSINESS OF THE CITY ATTORNEY --JACK HANEY Consider Ordinance Adopting "Rules on Food Service Sanitation," of the Texas Department of Health, to replace any conflicting ordinance provisions in Huntsville's Code Huntsville Arts Commission's Advisory Board requested that a member of TDC's staff should also be considered in the future for membership on the Arts Commission's Advisory Board. Mayor Waller indicated he has this under advisement. Mayor Waller then called for an executive session to discuss real estate and legal matters. Re fully, subni t AN ORDINANCE DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD, FOOD SERVICE ESTABLISHMENT, TEMPORARY FOOD SERVICE ESTABLISHMENT, REGULATORY AUTHORITY, UTENSILS, EQUIPMENT, ETC.; PROVIDING FOR THE SALE OF ONLY SOUND, PROPERLY LABELED FOOD; REGULATING THE SOURCES OF FOOD; ESTABLISHING SANITATION STANDARDS FOR FOOD, FOOD PROTECTION, FOOD SERVICE PERSONNEL, FOOD SERVICE OPERATIONS, FOOD EQUIPMENT AND UTENSILS; SANITARY FACILITIES AND CONTROLS, AND OTHER FACILITIES; REQUIRING PERMITS FOR THE OPERATION OF FOOD SERVICE ESTABLISHMENTS; REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS; PROVIDING FOR THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING FOR INCORPORATION BY REFERENCE OF THE TEXAS DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS "RULES ON FOOD SERVICE SANITATION 301.73.11.001-.011"; AND PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE, AND FIXING OF PENALTIES. OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF FEBRUARY, A.D., CHAMBERS LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, Council met in a regular session with the following members present: 1979 IN THE CITY HALL TEXAS AT 7:00 P.M. Jack Haney indicated the adoption of this ordinance would serve to update the City's existing ordinances or parts of ordinances which conflict or fall below the standards set by the State. He said by adopting these rules, the City will not be replacing the entire Chapter 8 of the Code, but will be "removing" only those out of date provisions which merely cause confusion because they conflcit with the State's rules. He indicated the results will be a more effective Code for the Health Inspector's use as this Division must enforce all state standards as well as those additional provisions our Code may require. Councilman Dickens moved to adopt Ordinance No. 79-2 and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack Parker The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by ____Councilman_Parker Jim McAlister, City Manager, advised the Council that the City is in receipt of a 27 page petition containing a total of 206 signatures of City residents who signed the petition for the purpose of petitioning the City Council to place on the ballot in the next election the option "to adopt an ordinance to enact the Firemen's and Policemen's Civil Service Act." Article 1269m, he said, of the Vernon's Texas Civil Statutes, requires that a petition of this type be supported by ten percent of the total number of residents who voted in the last municipal election. Mr. McAlister reported that in Huntsville's last City Officers' election, 750 people voted; therefore, he said, only 75 signatures are required to carry this petition. An inspection was made of the names on the petition in an effort to certify that a sufficient number of them were indeed qualified, registered residents of the City of Huntsville, reported McAlister. He said the check continued until 87 names had been certified out of the 206. He then advised the Council that the requirement for certification of 10 percent of the voters participating in the last election has been met and the City Counci must now order, when the election is formally called on February 13, that the question/option be placed on the ballot and presented to the qualified voters of the City of Huntsville in the election to be held on the 7th day of April, 1979. He said the question will be stated as follows: FOR The Adoption of the Firemen's and AGAINST Policemen's Civil Service Act CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting of February 6, 1979 to the Council for their consideration. Councilman McGlothen moved to accept the minutes as written and Councilwoman King seconded the motion. CONSIDER ORDER FOR CITY OFFICERS ELECTION FOR APRIL 7, 1979 Mayor Waller then advised the Council it was now time to order the City Officers Election and to also order the placement on the ballot of the petitioned question/option FOR or AGAINST the "Adoption of the Firemen's and Policemen's Civil Service Act. The election would be held on the City's regular election day, which is the first Saturday in April each year, or this year, April 7, 1979. Councilman Brown moved to accept the order for the City Council Election for April 7, 1979 and to accept the placement on the ballot of the question/option FOR or AGAINST the Adoption of the Firemen's and Policemen's Civil Service Act. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Prior to calling the election and the addition of this question on the ballot next Tuesday evening, Councilman Dickens requested that a meeting be held between the City Council and the proponents of the petition in an effort to learn the reason for the petition for the adoption of the Civil Service Act. He suggested the organizers and all persons interested in this issue meet with the Council to state their position on why they are pursuing this subject through a City election. He indicated his interest in the purpose of it and in knowing more about the Civil Service Act. He requested the City Manager arrange such a meeting and provide the Council with a summary of the Civil Service Act (Article 1269m of Texas Vernon's Civil Statutes). MORRIS I. WALLER--MAYOR'S REPORT Status of the North Huntsville Sewer Plant Jim McAlister indicated the City has received all of the easements for the North Huntsville sewer transmis- sion or outfall line with the exception of the one coming from the Texas Department of Corrections. This ease- ment has to be signed by the Governor and the Attorney General and has been submitted for their consideration and signatures at this time by TDC. He said the site has been acquired and the deeds signed. He said when the final easement from TDC is received and executed, the attorney will execute the site certificate, which will then be presented to the Texas Water Resources Board. They will then be able to give formal consideration to Phase III which is the actual construction phase of the sewer plant. Mayor Waller suggested the City contact Mr. Lucky Graham in an attempt to proceed without the firm acquisi- tion of the State's part. He said in the last sewer plant project, the actual easements in hand was not a firm requirement, although it may be in this case. He said if there is anyway we can proceed with TDC's approval of the easement, then we may save weeks of time. Mr. Haney reminded the Mayor that the approval is also required by the Governor and the Attorney General. Mayor Waller was concerned about the acceleration of construction costs, which are increasing about $30,000 per month. Mr. McAlister indicated he has already discussed this with Mr. Graham, however, the Texas Department of Water Resources remains adamant in their position that nothing can be done until everything is in hand. Mr. Haney indicated the Governor's office has had the easement for several weeks already. Mayor Waller encouraged Mr. McAlister to proceed with expeditiously processing the requirements involved to get on with the project. CONSIDER FINANCIAL ASSISTANCE FOR REPAIRS TO RETAINING WALL ON 19TH STREET Mr. McAlister indicated SHSU has contracted P&S Construction Company of Huntsville to repair a retaining wall on museum property along 19th Street near the intersection of 19th and Avenue N. He said Mrs. Sue Flanagan, Museum Director, is requesting financial assistance from the City for the repairs. The City's Civil Engineer, Mr. John Joerns, indicated Mrs. Flanagan is of the opinion that the curb inlet and storm sewer may have contributed to the failure of the retaining wall. Mr. Joerns said he inspected the wall and the storm sewer and felt in his opinion that failure can be attributed to age and initial design of the wall. He said the wall is non -reinforced rock and mortar without weepholes, and without a proper footing at the toe of the wall. He said walls of this type are capable of retaining small fills but will eventually overturn when used to retain fills of larger heights. He said also that the storm sewer system showed no signs of leakage around the pipe or the inlet box. Mr. Joerns indicated,after discussing his findings with SHSU's Facilities Planning Director, Mr. -Curtis Morris, :that he would apprise the Council of the proposed improvements not only to the retaining wall, but to the other items (sidewalk, curb and gutter, inlet box and manhole) to see if the Council would be interested in participating in the cost of the repairs. Jim McAlister indicated those items of repair which would be applicable to the City are numbers 2, 6, and 7 from the "proposal and contract," as follows: 2. Remove and replace inlet 6. 60' curb remove and replace 7. 355 S.F. sidewalk, remove and replace Councilman Corley moved to fund this project in the amount of $2,551.50 from General Fund Contingency and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. The Council then adjourned into the worksession of the Council. `£h DeShaw, City Secretary February 6, 1979 CONSIDER FORMAL APPROVAL OF THE QUARTERLY TAX REPORT AND ADJUSTMENTS TO THE TAX ROLL Mayor Waller then presented the Tax Report for the first quarter of 1978-1979 Fiscal Year. He said the Tax Division has compiled the total receipts for this quarter (October -December, 1978) and the total percentage collected of the 1978 tax levy was 46.55 percent, or $393,826.85. He said the delinquent collection was 14.68 percent collected, or $15,719.24. He then asked the Council for their approval of this report. Councilwoman King moved to accept the tax report and adjustments to the tax roll as presented by Mr. Robert W. Smith, the City's Tax Assessor -Collector and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. CONSIDER LIABILITY INSURANCE FOR THE POLICE DEPARTMENT Jim McAlister indicated Unimark McDonald of Dallas writes a Police Professional Liability Insurance policy. He indicated the coverage in this policy includes: 1. False arrest, false imprisonment or unlawful detention MINUTES OF THE CITY COUNCIL MEETING OF MARCH 6, 1979 HELD IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. Demonstration of Asphalt Recycli:ng Machine The following members were present: Mr. McAlister asked Mr. Pipes to apprise the Council of a demonstration of an asphalt recycling machine. Mr. Pipes said at 10:00 A.M. on Thursday, March 1, there would be a demonstration of an asphalt recycling machine on Avenue 0 at the intersection of 18th Street. He said the method is to take up the old pavement in that area, place it in the recycling machine, reheat it and put it back down to obtain a better bond with the base that is there. He said the idea is economical and practical. He said if it a practical as well as economical success as it is billed to be, he will be coming to the Council with a request to purchase this particular piece of machinery. He said the City is experiencing difficulties in obtaining base materials. He said the gondola cars that the City has historically received its rock and base materials in are tied up in coal shipments from Wyoming The City Secretary was instructed to remind the Council; however, if anyone cannot attend the actual demon- stration, it will be filmed and aired on Channel 7. Consider Formal Adoption of the Municipal Airport Hazard. Zoning Ordinance Morris I. Waller, Mayor Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens William Hodges Delora King Goree McGlothen Jack Parker Jim McAlister, City Manager, indica e n August 24, 1 e un sville Municipal Airport Zoning Board was formally appointed by the Mayor and City Council. This Board subsequently approved the Huntsville Airport Hazard Zoning Ordinance on October 15, 1976. Mr. McAlister indicated this is an air zoning ordinance and requires that anything built within a proximity of the airport comply with the requirements in the Hazard Zoning Ordinance. He said after approval of the ordinance by the Board, it was sent on to the Council. He said although the Council reviewed and approved of the ordinance in their work session in August of 1976, through oversight, the ordinance was not brought back to a formal meeting for the actual formal adoption in open meeting. He said to correct that oversight, the ordinance as approved by the Airport Zoning Board, is being presented for formal consideration at this time. A caption of the ordinance reads as follows: AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE HUNTSVILLE MUNICIPAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE HUNTSVILLE MUNICIPAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTAB- LISHING A BOARD OF ADJUSTMENT; AND IMPOSING PENALTIES. Councilman Hodges moved to adopt the Ordinance and Councilwoman King seconded the motion. All favor and the motion passed unanimously. Note of Commendation of Area Fire Departments The meeting was called to order by the Honorable Morris I. Waller, Mayor. Councilman Goree McGlothen gave the invocation. Mayor Waller then presented the minutes of the previous meeting of February 27, 1979 to the Council for their consideration. Councilwoman King moved to accept the minutes as written and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Jim McAlister, City Manager, read a fire report from Fire Chief Joe French where it was reported that the Volunteer Fire Departments of New Waverly, Onalaska, Madisonville, Livingston and Trinity responded to our Department's call for assistance in the fighting of a fire on February 25 at the Center Hall Apartments. He said without the assistance of these departments, the damages could have been far greater, in addition to the danger of a potential fire elsewhere in the city when all of the equipment was tied up at this fire. He said the responding cities acted as relief for the tiring firemen and as standbys in case of other fires. Mayor Waller indicated he had sent letters of appreciation to the Mayor's of these cities expressing the City's gratitude for their fast response and genuine efforts in coming to our assistance. Notice to Citizens of Planned Water Hydrant Flushing requested that the City give some forewarning to Huntsville residents of planned flushing of fire hydrants and problems with water main breaks. He said he understood breaks happen unexpectedly, but the flushing of hydrants is possibly done on a regular basis. He said if the public is forewarned that because of these activities in their area, there will be some brown water occurring, they could then postpone doing their laundry or rearrange their planned use of water to accommodate the City's activities in maintaining the water system. He felt notice in the newspaper as some other cities do, would be appropriate. Mr. McAlister indicated there is usually little forewarning even to the City as to when and where these flushings will take place and it would be infeasible to notify the news media in advance. Mr. Wilder said very few of the flushing activities are done on a regular basis and that most of the hydrant flushing is done in response to a complaint about brown water. Mr. McAlister advised Councilman Brown that the flushing does not cause the brown water but is an attempt on the City's part to alleviate the brown water problem when and where complaints are received. SHSU's television crew were on hand for the Council Meeting with cameraman Charles Shannon and assistant Mr. Andy Cedillios (Channel 7). Other news media representatives present were: I. J. Waldon, KSAM; Terry Bertling, the Huntsville Item; Freida Rosner, the Houstonian; and Channel 7's reporter (SHSU), Lee Ann Wakefield. CONSIDER THE RECOMMENDATIONS OF THE CHARTER COMMISSION Mayor Waller then asked Mr. Jack Kyle, Chairman of the Study Commission to present the findings of his group to the Council. Mr. Kyle indicated that in response to Resolution 79-4, the Commission met "to recommend what action they deem appropriate in establishing a Merit Commission to hear and resolvergrievances of personnel matters as they relate to promotions, disciplinary action and terminations" as charged. Mr. Kyle said the Commission is providing the Council with two alternatives for an appeal process. He said one method of appeal requires the Council to function as the Appeals Commission and the second procedure requires appointment of a three member Appeals Commission to decide such matters. Mr. Kyle thanked the City Administration and news media for their assistance and also thanked the members of his commission for their diligent work. He then asked the Council to direct any questions they might have to individual members of the Committee, and then, ask for any individual comments from members of the Committee. Mayor Waller then asked the Council for any comments they may wish to make. Councilman Larry Corley indicated he personally prefers Proposal No. 1 which will place this matter in the hands of the City Council. He said he feels since the Council is elected by the people, they should be the ones that should hear the matter rather than this three member Commission. Councilman Hodges agreed with Mr. Corley as he felt the City Council is accountable to the people who elected them and the Committee of three would not be. He said he also favored this procedure applying to 100 percent of the City employees, and not just a couple of select groups. Councilman Dickens agreed with his colleagues that the Council and Mayor are elected to be responsive to the citizens of the City, are responsible for the City Manager, and through him for the City's policies and programs, and for the City employees regarding complaints and grievances they might have. As a result, he said, he does not favor the proposal for Civil Service under 1269m as the Civil Service Commission would be established outside the direction of the City Council and would be beyond the responsibility of the City Council. Furthermore he said, he did not favor a citizens merit commission as he does not believe that grievances of employees would be a subject dealt with every week, and as a result, the members of such a Commission would not have an opportun- ity perhaps to spend much time on city business and, consequently, could not have the opportunity to become well informed on the subject of city policies. He said the City Council spends a considerable amount of voluntary time trying to understand what the City of Huntsville is all about. He said it is difficult to keep up with all the matters that concern the City. He said he was operating under the assumption that the City already had a grievance procedure. He felt a Citizens Merit Commission could not be very well informed, and if he were an employee, he would not want someone judging him who is not very well informed on the operations of the City. Councilman Dickens felt an appeals procedure should involve the Council in some way. He felt an appeal beyond the City Council is also appropriate and he favored an appeal then to the District Court. He felt also that the Resolution setting out the Charter Commission's charge was drawn narrowly and deals only with grievances of personnel matters relating to promotions, disciplinary action, and terminations, without consideration of such things as vacation time, sick leave, working conditions, and maybe the safety of equipment, all of which, he said, he would consider pertinent issues for employees' complaints. He said since the two proposals do not speak to a broader scope, he cannot accept either one of them at this time. He felt there was a need for more time to develop an adequate proposal that would be broad in scope to cover all issues as well as perhaps an in-house merit commission. He indicated the Police Department already has an in-house merit commission, and he felt the City employees were competent enough to have their own in-house merit commission. In Summary, Councilman Dickens indicated, he did not favor the Civil Service proposal being put forth by the Police Officers Association, but neither could he accept the two proposals presented by the Charter Study Commission, even though many hours of effort were devoted to their development, because they were too narrow in scope. He then stated he is opposed to all three proposals and suggested that whatever issue goes on the ballot, whether it is one of these three or all of them, be voted down and then go back to the drawing board to see if we can come up with a better product. Councilwoman Delora King agreed with Councilman Corley. She indicated she would like to see all three proposals on the ballot to let the people decide which of the three, or if any, they would like to adopt. Councilman Brown echoed Delora King's comments. He said maybe we should vote them all down and try to live with what we have right now since there has not been a history of grievances and we have not really had to try the system under which we are now operating. Morris Waller then spoke from a prepared statement, as follows: Morris Waller then spoke from a prepared statement, as follows: COMMENTS OF MORRIS I. WALLER MAYOR --CITY OF HUNTSVILLE CIVIL SERVICE ISSUE MARCH 6, 1979 At this time, I would like to make a statement concerning the activities of myself as Mayor and the City Government in the past few weeks regarding Civil Service status for policemen and firemen in Huntsville. In the conduct of City business regarding this subject, neither I nor any member of the City Council of which I am aware, has been a party to any "secret or clandestine" meetings. As the Mayor of this community, I gave Mr. McAlister, our City Manager, the philosophical concept of the Charter Committee. This idea has been expressed by several Councilmembers in open session at the previous Council meeting of February 13, 1979. At my suggestion, Mr. McAlister developed a "concept paper" and provided this to the Council so that they could have the benefit of my thinking on this subject prior to the formal consideration on February 27, 1979. The Committee appointments made by myself were made subject to the approva o e ounci a 1 s mee ing on e•ruary •. e s udy commi ee •i• no meet until its appointment had been duly ratified by the Council. At the open meeting with the personnel of the Police Division on February 13, 1979, the police representatives were asked at that time what their grievances were that prompted their interest in seeking Civil. Service status. There were general comments about salary, benefits, etc., but the heart of the matter seemed to be job security and the need for an appeals process above the level of the City Manager. It was this primary subject that stood above all the rest. We knew, following that meeting, it would be a physical impossi- bility prior to this election to develop a full substitute for 1269m; but we did have time to address the primary question and concern of the police and that being a formalized appeals process. Despite any misunderstandings of any comments on this subject, the stated purpose and scope of the project the Committee was to study from its concept, was the limited and singular subject of appeals. Police personnel are possibly not satisfied with the limits given to the Committee, however, this Council and I have exhibited beyond any doubt our willingness to address perhaps the singular legitimate subject brought to our attention, the subject of appeals. All meetings have been open, above board and honest attempts to solve legitimate problems of our personnel. Weare genuinely concerned about the well-being and benefits of all our emplo; few. We are opposed to Civil Service and the abrogation of local authority to Austin, or any attempts to unionize. Finally, we will continually strive to provide the best working environment and benefits to all our employees, as we deem they are needed and affordable by the taxpayers of this community. Mayor Waller said he regrets the necessity to make this statement because he dislikes the comparison of CLEAT to organizing or collective bargaining or union activity, or anything else, but somebody representing the people of this community must clearly state their judgement of what they think is really behind this whole effort. He said he did not feel it was our employees, but rather outside influence that prompted this action. Jack Kyle then requested an opportunity to make some remarks as a private citizen. The text of his state- ment is as follows: Some might say this was a hurried attempt at "appeasement." It was not. The dedicated effort of this Committee in over seventeen hours of deliberations clearly illustrates this Committee's dedicated performance. Next comes the subject of Civil Service status being sought by police. Speaking for myself, and I believe every councilmember, we do not believe Civil Service is in the best interest of the police, other employees, or the public we serve. Our opposition could be for many reasons, but the principal reasons are these: 1. If approved, Civil Service policies will be determined in Austin by the Legislators, rather than the elected representatives of Huntsville's voters. 2. The policies will be applicable to the police and fire personnel only, not to all City employees. This can cause resentment and unrest among all other employees and can only result in decreased productivity, and more costs to the taxpayers. 3. To be more specific, if 1269m is adopted, we would have to pay police and fire personnel for earned sick leave when they terminate their employment with the City. If 1269m was a reality, we would have a significant, cumulative contingent liability, or cost to the taxpayer, based on current earned sick leave benefits. (He then referred to Mr. Kriegal's suit against the City of Houston for some $12,000, but Mr. Kriegal had already been paid some $46,000 of accumulated sick time. He didn't get as much as he felt he was entitled to, Mr. Waller said, so he filed suit against the City, which is his perogative, for the balance. His total amount due was some $57,000-$58,000 of accumulated sick leave. And so it is, he said, for almost all of the city employees who retire from the City of Houston, as they have an immense sick leave liability for the city itself.) Police and Fire personnel would receive three weeks of paid vacation where all other employees who have worked less than 10 years with the City would only get two weeks vacation. (Mr. Waller said the City has a graduated vacation schedule which the City believes is comparable to other employment entities throughout the community, public or private.) There are bills currently pending in the legislature that would increase their benefits above present levels, yet how many taxpayers can afford to go to Austin to lobby against these increased costs? (He said the taxpayers of the City of Huntsville would have to foot this bill.) Next, the Council and I are gravely concerned about the influence of CLEAT, Combined Law Enforcement Association of Texas, on our police personnel. CLEAT is a union organizer -- period! I can state unequivocally that this move to get Civil Service status is just the first step in a planned attempt to unionize police personnel. These observations seem to be well documented throughout articles in the Volume 2 Fall Edition of Sentry, CLEAT's official publication. (He invited anyone to review the magazine and he defied them to come up with another conclusion other than that collective bargaining is the primary objective of the CLEAT organization, resulting in improved benefits for all of their members.) The progression is well documented in other areas. First, they will seek this Civil Service status, then as in Wichita Falls and Dallas, they will seek a referendum for increased pay, and if successful in that endeavor, they will then move to the last organized objective and that is a referendum to mandate collective bargaining and strike power. If and when this happens, you will see the strikes here like you hear about from New Jersey and New Orleans. Needless to say, these strikes are not in the public's interest, but the special interest of unions and their members. In conclusion, I wish to re-emphasize the major points I have attempted to make: I am speaking now as a citizen of Huntsville, not as a committee member. Having had more than twenty years experience as an employee of a tax - supported agency, I have found the greatest source of problems to be the employees themselves. There has always been an attempt to separate employees of an organization into two opposing groups --by simply referring to one group as management and the other as labor. Experience will teach one this begins the so- called management problems. A city is no exception. The mayor, council, and every city employee is directly involved in managing this city, or by the same token, it could be said they are involved in labor for the city. The end result is the same and affects each and every citizen of Huntsville. If there are city problems, they should be identified and solved here in Huntsville. I am opposed to Civil Service and predict that if Huntsville voters pass the referendum for the Civil Service Act April 7, it will do for our city government what Civil Service has done for the Post Office Department in this country. The control of and responsibility for the city of Huntsville must rest in this chamber and within our city limits, not in Austin or Washington. I am opposed to anyone running the business of the City of Huntsville except citizens of Huntsville. In all the years I have been in Huntsville, I have not taken an active part in city elections. I intend to actively participate in the April election and will work to defeat the Civil Service Act on the ballot. I do not believe citizens of Huntsville will vote to give away their rights. I assure you I will not. The control of our city must remain where it is: with the voters who live in Huntsville, Texas. Mayor Waller then advised the Council in order to place either one or both of the proposals on the ballot, the Council must unanimously agree, or the Council would have to meet again tomorrow to vote on it a second time, as there is a 30 day deadline prior to the election for taking this action. Councilman Corley said he still feels the City Council should be the Appeals Commission and was in favor of the first proposal. The City Attorney, Jack Haney, advised the Council a majority vote is required to pass the amendment to the Charter, by the voters at the polls. He said the Charter can be amended only once every two years. Councilman Parker preferred placing an alternative on the ballot for Civil Service to give the people a choice, and indicated his preference to be that of proposal number one, creating the City Council as the Appeals Commission. He agreed that an improved appeals procedure is necessary for all employees. He said he felt Civil Service in Huntsville would be a mistake. He said he is in favor of City government being the government of the City and not passing it on to somebody in Austin or Washington or wherever the powers may be. After some discussion among the Council, Councilman Parker made the motion to amend Section 4.13 of the City Charter to provide that all city employees may appeal grievances to the City Council. Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. ORDINANCE NO. 79-3 AN ORDINANCE AMENDING SECTION 4.13 OF ARTICLE IV OF THE CHARTER OF THE CITY OF HUNTSVILLE, TEXAS BY DESIGNATING PRESENT SECTION 4.13 AS SECTION 4.13A AND ADDING SECTION 4.13B PROVIDING AN APPEAL PROCEDURE FOR ALL CITY OF HUNTSVILLE EMPLOYEES OTHER THAN THOSE APPOINTED BY THE COUNCIL AND PROVIDING THAT SUCH AMENDMENTS TO THE CHARTER BE SUBMITTED AT AN ELECTION TO BE HELD NOT LESS THAN THIRTY (30) DAYS NOR MORE THAN NINETY (90) DAYS AFTER PASSAGE OF SAID ORDINANCE. Said Election to be held on April 7, 1979. Mayor Waller again expressed his deepest appreciation to the Charter Study Commission for their diligent and professional study in compliance with their charge in the limited time provided to them. Members of the Charter Commission were: Jack Kyle, Chairman, Charles Tackett, Sam Souryal, Ann Baker, John Keys, Gene Bates, Dennis Johnston, and Jay Smith. CONSIDER BIDS FOR BACKHOE/LOADER Jim McAlister indicated on February 13, bids were received and opened for the purchase of a loader/backhoe for the Water and Sewer Department. He said this equipment will be used by the new maintenance crew for repair work. The bid tabulation is as follows: Mustang Tractor (Houston) Plains Machinery (Houston) Big State Equipment (Houston) Heins Equipment (Houston) Huntsville Ford Tractor Hyco Equipment (Houston) Conroe Truck & Tractor MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF MARCH, 1979 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. The Council met in regular session with the following members present: Morris I. Waller, Mayor Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens William Hodges Goree McGlothen Jack Parker JCB 3C International Harvester 270A Case 580C John Deere 410 Ford 555* John Deere 410** Massey Ferguson 50C*** $31,548.60 $25,966.00 $25,500.00 $23,714.00 $23,500.00 $23,495.00 $21,399.00 The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was Councilman Hodges. ***Mr. McAlister indicated the low bid submitted by Conroe Truck & Tractor did not meet minimum specifi- cations as an enclosed cab was not available. It was also noted the bid from Huntsville Ford Tractor was significantly below specifications, as follows: John Deere 410** Hyco Equipment Ford 555* Huntsville Ford Tractor 4-6 cyclinders Net flywheel hp. 62 Engine clutch --foot operated automotive type oil clutch Hydraulic system 28 gpm pump 55 amp alternator Loader lift capacity, 5,000 lbs. CONSIDER THE MINUTES'OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the meeting of March 6, 1979 to the Council for their considera- tion and Councilman Brown moved to adopt the minutes as written and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION HONORING THE HUNTSVILLE HORNET BASKETBALL TEAM Mayor Waller requested both Coach Surratt and Coach Phillips and the following young men of the Huntsville Hornet Basketball team: Patrick Antwi, Edgar Crawford, Curtis Wallace, and Henry Speaker, to come forward to accept the Resolution No. 79-5 honoring the entire team, their coaches, managers, and statistician. Mr. Waller expressed the City'sA.eartiest congratulations to the Hornets, their parents, the student body and fans upon winning their second straight State AAA title. Councilman Dickens moved to adopt Resolution No. 79-5 and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. It was then recommended by the Public Utilities Director and the Purchasing Division that the bid submitted by Hyco Equipment for the John Deere 410 in the amount of $23,495 be accepted as the best and most responsible bid. This recommendation is further supported by the fact that the City is currently operating three John Deere 410's and parts are readily available and interchangeable. Mr. McAlister noted funds for the backhoe/loader in the amount of $24,000 have been appropriated in the Water and Sewer Fund. Councilman Corley moved to accept the bid of Hyco Equipment Company of Houston and Councilman Daigle secon the motion. A11 were in favor and the motion passed unanimously. Councilman Brown requested the City to review their specifications in the future to see if they can obtain a piece of equipment that will perform just as well and one that can be purchased locally. Councilman Hodges agreed with Councilman Brown that perhaps the City could obtain an adequate piece of equipment from Huntsville vendors if their specifications were carefully reviewed. Councilman McGlothen also expressed his interest in favoring local bidders. CONSIDER DESIGNATION OF TAYLOR ROAD TO ELKS DRIVE Councilman Corley indicated he has been asked to clarify with the City the name of Elks Drive which has over the years become known also as Taylor Road. Mr. McAlister said early city maps of the area only show this to be a "county road" at the time it was placed on the map. He said the designation Taylor was probably given to it because of the property owned by Taylor located just off the road. He said the term is one of evaluation rather than formal designation. Mr. Corley indicated he had been requested by the Elks Lodge to clarify the name designation. He said during Mayor Blalock's administration when the Lodge was officially opened (and it is in the minutes of the City of Huntsville), this was designated as Elks Drive. He said it is also listed in the phone book as Elks Drive. Councilman Corley then moved to again designate Taylor Road as Elks Drive and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS ON THE WATER LINE FOR THE NEW HOSPITAL Jim McAlister, City Manager, indicated bids for construction of a 12 inch A. C. water main were opened on March 12. The apparent low bidder, he said, is Robert Blacksher Welding Company of Orange, Texas, who submitted a total bid of $68,320. Other bidders, he said, include the following: Crude, Inc. $ 78,903.63 Irrigation Construction Company $ 83,062.50 W. P. Constructors, Inc. $ 75,890.00 Brazos Valley Utilities $ 84,493.95 M. Lawrence Parker Corporation $ 70,274.25 Roy W. Green Company $105,820.60 Mr. McAlister indicated this water line would serve new hospital and would be a part of the west loop water line. He said the low bidder is furnishing experience and financial statements, which will be examined before a recommendation is presented to the City Council. Although anxious to expedite the project, the Council preferred to await the recommendation of the adminis- tration after a thorough review of the experience and financial statements. Bilis Pending Before the Legislature Jim McAlister advised the Council of pending legislation in relation to 1269m, the Police and Firemen's Civil Service Act. He said these are perfect examples of what we will face with each subsequent session of the Legislature if 1269m is approved. McAlister then presented HB 1280, which would amend 1269m, Subsection C, Section 14, which would "delete all reference to efficiency reports for policemen" (Rep. Wilhelmino Delco, Austin!. He indicated he did not know why this bill was introduced or if it is a plus or minus, but on the surface, he said, it looks like someone doesn't want efficiency and promotions linked together. He asked if this means we promote the inefficient. McAlister noted HB 1155 is not directly related to 1269m, but it would give collective bargaining rights to employees of cities, and binding arbitration in case of employer-employee impasse. Mr. McAlister said HB 929 would increase the rate of police and firemen longevity pay from $4.00 to $10.00 per month for each year of service up to a maximum of ten years and HB 15, which would amend the Civil Service Act which currently requires cities to pay each fireman or policeman leaving the classified service the full amount of his salary and accumulated sick leave up to 90 days, by changing that, taking the lid off and requiring the payment of such for an unlimited amount of their earnings. Mr. McAlister warned that if 1269m becomes a reality, it will become a continuing battle and will have very negative influence on us financially. fully submit ed, uth DeShaw, City Secretary M. h 6 979 CONSIDER THE TRANSFER OF FUNDS FOR WATER WELL REPAIRS Jim McAlister, City Manager advised the Council that repairs to Wells 14 and 17 exceeded the budget by $8,601. He indicated this amount needs Council authorization to be transferred out of the Water and Sewer Contingency Fund to the Water Production Budget for these repairs. Councilman Corley moved to authorize the transfer of $8,601 and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously The Council was also advised of the necessity to repair well 18 and making improvements to insure its full pumping capacity is maintained by lowering the pumps in the well by 60 feet. Mr. McAlister advised this would cost $50,000 and this amount would have to be transferred from the Water and Sewer Contingency also. Councilman Brown then moved to transfer $50,000 from the Water and Sewer Contingency Fund to the Water Production Budget for the repair and improvement of Well No. 18. Councilman Corley seconded the motion. A discussion then followed: Councilman Hodges said the City has a $12 million dollar surface water project which will be in operation by September of October or perhaps sooner. Mr. Hodges said at that time the City will not need full and total production of Well No. 18. He recommended an early, every other day, outdoor rationing program on a voluntary basis if a dry summer is expected to insure that we will maintain adequate water availability until the surface water is available, rather than expending $50,000 on the well. He felt the expenditure was a short term, unnecessary stop gap item. Councilman Brown looked at the expenditure as a long term investment as the City would recover its expenses by selling the water from the well. He said with this expenditure, the well should be in good shape for ten years, according to the expert last week. He felt selling water from it for that period of time would more than pay for the repairs and improvement. Councilman Hodges indicated that if the wells are used in conjunction with the surface water, the water table will possibly improve and the pump lowering project will probably be unnecessary. Councilman Brown felt the well water is cheaper than the surface water and the City may want to hold the surface water use to a minimum to service our debt and pay for the system. He said the citizens would relish getting lower water bills this way. Councilman Corley indicated his support of the expenditure of $50,000 recalling the dry summer, lost yards, danger of the possibility of a large fire and a lack of water pressure. Councilman Parker asked the City Manager what the contractual arrangement is on the "take or pay" basis for the next year and when will that year begin. Jim McAlister indicated the "take or pay" contract has been in effect for a year and one-half to two years. Councilman Parker asked how much the City would be "taking or paying" for in July. Mr. McAlister said two million gallons per day. Mr. Wilder said the average consumption in June or July is five and one-half million and the daily average for the whole year is approximately four million gallons per day. Mr. Wilder indicated with water conservation last summer, the water reserve regained half of the normal capacity. Mayor Waller reminded the Council this expenditure would not improve or increase the productivity of the well but would only serve to insure the current output through an anticipated summer drought period. He said it may turn out that surface water is cheaper than well water becuase the City has already incurred the overhead on the surface supply that has to be paid for anyway, as for instance, the debt service of $250,000 for the annual - operation of the plant. He said these costs will run whether. we pump a nickel's worth of water from the long wells will serve as a standby and for full use during the summer. He proposed to wait until the latter part of the summer for making this decision in the event we have a wet summer. He did not see how this $50,000 improve- ment would improve the well system other than to protect the City from drought, which protection will not be needed as we begin to use the surface supply. Mr. Wilder indicated there could be a problem scheduling the crew that will do this two weeks of work as Huntsville is not the only city on their schedule. Mr. Wilder indicated it was his understanding the wells would be kept in good operating order as they would be used in conjunction with the surface supply because the invest- ment is already there on the wells. He also reminded the Council only one transmission line exists between the City's surface water treatment plant into the' water plant in Huntsville and if this line breaks, the City would have no way to pump that water to the City and the wells would have to assume the demand at a time like that. He felt this would be good insurance as the line TRA 'is building would be difficult to repair if it were to break. He felt the investment would be paid for through the sale of the water. He felt this expenditure will prolong the life of the well (not increase its productivity as to do that would harm the water table even more). He again indicated his support and recommendation for the expenditure. Councilman Brown did not want to get caught short like last summer and have the citizens know the City Fathers had an opportunity to prevent the situation but decided to hope for the best and take no action. Councilman Hodges felt the problems last summer resulted partly because the water conservation move came too late and that an early voluntary conservation system would have provided for adequate water all summer long. Mr. Wilder said Well No. 18 is one of the City`s largest producing wells and with it out of production during the summer months, if Well 17 or 19, which are two:of.our other large producers, were to go down in the summer, we would have two of our largest wells out of service at the same time. Councilman Parker understood the reason the City went to surface water is because of the low water table for the well system. Mr. Wilder said the water is still there, but our usage has increased so rapidly that the water table cannot produce the volume of water needed during peak usage. He again felt the work should be done within the next four to six weeks. Councilman Parker asked about the status of the water and sewer contingency fund. Patricia Allen indicated $122,900 remained in the fund at this time. Boyd Wilder suggested since the Council had some doubt about authorizing this expenditure, that they meet next week with Albert Hall, P.E., Technical Services: Manager of the TRA office in Arlington, to discuss the ramifications of the project. The Council seemed in favor of this suggestion. Councilman Hodges felt it would also be helpful to project some figures as to usage as to how much we can expect to get out of the new water system and how much we can expect to get out of the old water system, and what the old water system is capable of producing as is, versus the repair work. Councilman Parker asked for a coordinated plan, a water supply budget as he said he would shudder to think we were buying two million a day over and above our take or pay which we could be providing ourselves. Mayor Waller said there must be some figures somewhere (or curve) of what gallons cost us coming from that plant in deference to what gallons cost us coming from the wells. He felt the initial gallons coming from the plant would cost practically nothing because we have to keep the line active:and we have to pay for the operation of the plant, and the debt service. He said from that point forward, there should be some kind of blend of costs. Mr. Wilder said he thought the operation and maintenance of the surface treatment plant is based on a certain amount of gallons that we have to pump to maintain it, and the well system would be above that. Councilman Parker wanted to see, for the next work session, a plan on how we are going to supply ourselves with water based on what the contract with TRA states and what our own plant capabilities are estimated to be --and then blend the two together. Councilman Corley moved to table the matter until further study and consultation can be had with Mr. Albert Hall and others and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Status Report on Sale of Airport Property --Rebidding of Property Sale Mr. McAlister indicated the airport property is being advertised on the 4th, llth and 18th days of March in the Huntsville Item, with bid opening set for 2:00 P.M. on March 20, 1979. He said all former bidders have been notified. Status Report on Town Branch. Bids --Rebidding Of Drainage Work. Mr. McAlister reported bids are being solicited through the Huntsville Item on the llth, 18th, and 25th days of March and the bid opening is scheduled for March 29. Status of Signalization of Normal Park and llth Street Jim McAlister advised the Council that signalization of Normal Park and llth and 19th and Sam Houston Avenue project is progressing with plans and specifications due to the City for their review this week from Lockwood, Andrews and Newnam. Resolution No. 79-6 Commending Charter Study Commission Mayor Waller then read the text of the Resolution to the Council which named and recognized the members of the Charter Study Commission, as follows: Mr. Jack Kyle, Chairman Mrs. Ann Baker Dr. Sam Souryal Mr. Charles Tackett Mr. Gene Bates Mr. John Keys Mr. Dennis Johnston Mr. Jay Smith The_ submitting recommendations to the Council for the improvement of the City's present system of grievance procedures and due process for all employees, whichassignment was charged to them by Resolution No. 79-4. Councilman Dickens moved to adopt the Resolution as presented and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. The Council then adjourned for a ten minute recess before convening in the scheduled work session. The Council also remained for a brief executive session following the work session to discuss personnel, real estate and personnel matters. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20TH DAY OF MARCH, A.D., CHAMBERS IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER AT 10:30 A.M. meeting with the following members present: Morris I. Waller, Murray A. Brown Larry Corley Wayne Daigle E. Larry Dickens Delora King Goree McGlothen Jack C. Parker MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 27TH DAY OF MARCH, 1979 IN THE CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OFHUNTSVILLE, WALKER COUNTY, TEXAS AT 7:00 Morris I. Waller, Murray A. Brown Larry Corley E. Larry Dickens William Hodges Delora King Goree McGlothen Jack Parker The meeting was called to order by the senior member of the Council, Mr. Jack C. Parker, pending the arrival Councilman Parker indicated the purpose of the meeting is to discuss the awarding of the contract to lay the 12 inch water line for the new hospital here in Walker County. He indicated the news media has been contacte and all necessary notices posted for this meeting. He then asked Mr. Davidson of Davidson Engineering for his comments. Mr. Sonny Davidson indicated experience and financial statements were requested from the three lowest bidder and two responded, those being: Robert Blacksher Welding Company of Orange, Texas ($68,632 was bid), and M. Lawrence Parker Corporation ($70,274.25 was bid). He said both seem to be very sound financially and were recommended highly by various consulting engineers who have worked with them. He said the primary difference between them is a matter of "working" days for completion of the project. He said Blacksher offered to complete the job in 60 working days and Parker offered to complete it in 25 working days. He said the price difference was some $1,642.25, or approximately 2.4 percent of the total bids. Mr. Davidson said at the bid opening, Mr. Blacksher offered that his firm would complete the job in less than 60 working days. He was contacted later to determine if he would verify that statement and he did so; however, Mr. Jack Haney, the City Attorney, advised that such a statement would not be legally binding. He said therefore, if both firms were given 60 working days to complete the project, which would mean assessing some 35 days of liquidated damages against Blacksher and Parker, it would make Parker some $857.75 less than Blacksher. Mr. Davidson said if we were to take out an insurance policy that the job will be completed in 25 days, and if we wish to pay some $1,600 for that insurance policy, then the person we want to go with is Lawrence Parker Corporation. He said if we are willing to take a gentleman's agreement and pocket that $1,600 insurance premium, then the firm we will want to go with is Blacksher Welding Company of Orange, Texas. He said Davidson Engineerin recommends that the Council accept Mr. Blacksher's word as a gentleman, that he will complete the work within 30 days, and that we award the contract to the low bidder, Robert Blacksher Welding Company of Orange, Texas. He said both firms do quality work. He said the primary concern is one of time. Councilman Parker moved to award the contract to Robert Blacksher Welding Company of Orange as per the staff and Davidson Engineering's recommendation. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Councilman Brown asked that a written commitment be obtained from Robert Blacksher indicating his offer to perform the work in 30 working days. Mr. Davidson indicated he felt sure one could be obtained, however, it woul not be enforceable. Mayor Waller said the Council is relying on the integrity of Mr. Blacksher at this point. A secondary consideration, Mr. Sonny Davidson said, is that Davidson Engineering is planning to begin con- struction at an existing six inch line on FM 1374 and proceed directly to the hospital as the first part of this project, which means that the hospital will have water more quickly than if we had to complete the entire job before they could get any water. The Council met in regular session with the following members present: CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meetings of March 13 and March 20 for the Council's consideration. Councilman Corley moved to adopt the minutes as prepared and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ANNUAL FINANCIAL REPORT TO BE PRESENTED BY MR. JERRY SIMPSON OF HEREFORD LYNCH AND ASSOCIATES. Mr. Jerry Simpson then reviewed the salient features of the City's Annual Financial Report for the year ending Septembr 30, 1978. The Council noted the auditors had made some recommendations in their management letter regarding the apportionment of Ad Valorem tax revenues, H -GAC receipts and expenditures, state and federal grants, Huntsville regional water supply project and regarding fixed assets. However, the auditing firm congratulated the City for its continued conformance with the reporting guidelines of the Municipal Finance Officers Association. Councilman Brown moved to approve the Annual Financial Report and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS ON SALE OF AIRPORT PROPERTY Jim McAlister, City Manager, indicated bids were received the first time on the sale of this property on November 21, 1978. He said the City was disappointed on those bids and for that reason, the offering was restructured to include a little more land. He said bids on the property were then opened at 2:00 P.M. on March 20, 1979. The bids received are as follows: Tract # 1 (east of Hitchin 75)--3 acres Tract # 2 (east of Hitchin - -3 acres Tract # 3 (west of Hitchin - -1.485 acres McAlister said the first time the airport property was offered (November 21, 1978), the following bids were received: h DeShaw, City Secretary March 20, 1979 Tract # 1 (fronts on U. S. 75 east of Hitchin Post) --2.314 acres Tract # 2 (north of Tract # 1 --east of Hitchin Post) --2.314 acres Tract # 3 (tracts # 1 and # 2 combined) - -4.629 acres Mr. McAlister said the bids received March 20, 1979 amount to a more favorable ratio of money to land than did the November bids which were rejected by the Council. It was reported the November bid on Tract # 1 amounted to $17,861 per acre, while the recent bid on Tract # 1 equals $20,417 per acre. The November bid on Tract # 3 (a combination of Tracts # 1 and # 3) was $15,262. per acre. The tract west of the Hitchin Post will yield $17,677 per acre. If accepted, the City will receive a total of $87,500.00 for the two tracts of land. Mayor Waller indicated the purpose of the sale of this land is to permit the final improvements to the airport tract. Councilman Corley moved to accept the bid for Tracts 1 and 3 to E. L. Olmstead in the amount of $87,500. Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. CONSIDER PURCHASE OF RADIOS FROM UTILITY DEPARTMENT FOR FIRE DIVISION MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 7TH DAY OF APRIL, 1979 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 7:30 P.M. Jim McAlister, City Manager, indicated the Public Utilities Department had some radios they were planning to trade in on the repeater radio system approved in F.Y. 1978-1979, at a trade-in value of $175.00. He said these radios are 30 watt Motorola, two channel and in good condition. McAlister reported it was found these radios could be converted to the Fire Division frequency at a cost of about $100 each for a total of $275.00. He said the Fire Division is in need of five additional mobile units and the handi-talkies to complete the third and final year of conversion from low band to high band radio. He said a request for the above mentioned radios was expected in FY 1979-1980 budget at a cost of approximately $6,000. Jim McAlister said the purchase of radios from the Utility Department would result in a substantial savings to the City. If this is possible, he said, themobile units would not be requested, however, the two handi-talkie units would be requested. Purchase of five new radios, FY 1979-1980 at approximately $1,200 each $6,000.00 Purchase of five units from Utility Department at $175.00 -$ 875.00 the following members present: Morris I. Waller, Mayor Murray A. Brown Larry Corley E. Larry Dickens William Hodges Delora King Goree McGlothen Jack Parker The meeting was called to order by the Honorable Morris I. Waller, Mayor, and the invocation was given •«a -n --Jack f Parker_ TOTAL COST for Utility Department Radios CONSIDER BID RECEIVED FOR THE LIGHTING SYSTEM FOR JOSEY PARK Mayor Waller deferred discussion of this subject until it could be reviewed in a work session. The matter was then moved to the work session of April 10, 1979. It was then recommended by the Department of Public Safety that these radios be purchased from the Utility Department. Jim McAlister indicated this would necessitate a transfer of $1,375.00 from the General Contingency Fund to the Operating Fund to make this acquisition. Councilwoman King moved to accept the recommendation of the Department of Public Safety and to authorize the transfer of $1,375.00 from General Contingency Fund to the Operating Fund for this purchase. Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS ON PURCHASE OF AN ELECTRIC GENERATOR FOR THE POLICE STATION The City Manager, Jim McAlister, said on February 27, 1979, Police Chief Gail Burch came before the Council during a work session to discuss the need to replace the emergency auxiliary power unit at the police station. He said specifications were drawn and sent to six vendors. He reported that on Wednesday, March 21, 1979, only one bid was received, as follows: CONSIDER TRANSFER OF FUNDS FROM GENERAL FUND CONTINGENCY TO THE PUBLIC SERVICES OPERATING BUDGET TO PURCHASE THE DECORATIVE WASTE CONTAINERS FOR THE DOWNTOWN SQUARE Jim McAlister, City Manager, indicated there is a need for litter containers around the square. He said two units on each flank of the square (total of eight) should suffice and the cost per unit for redwood trimmed units (to match the planter boxes) is $60.00, plus shipping. McAlister said $500.00 should cover the expense of this project if the Council wishes to proceed with it. He said the $500 would come from General Fund Contingency to the Public Services Operating Budget to purchase these waste containers for the downtown area, as it is an unbudgeted item. Councilman Parker moved to transfer the $500 to fund the waste containers and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Harrison Equipment Company of Houston, Texas, for an Onan Natural Gas Engine Driven Electric Set: $3,020.00. McAlister said the bid met all specifications. He said it is the recommendation of the Public Safety Director and the Purchasing Division that the bid submitted by Harrison Equipment Company in the amount of $3,020.00 be accepted as a responsible bid. Councilman Hodges moved to award the bid to Harrison Equipment Company for the emergency power source for the Police Station and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously The City Council then adjourned into a work session and an executive session. CONSIDER ADOPTION OF THE RECOMMENDATIONS OF THE FINE ARTS COMMISSION Mayor Waller then asked the Council to review and consider the recommendations of the Huntsville Arts Commission, which met on March 14 to decide on specific recommendations to the Council concerning the various proposals submitted to the Commission. After a review of the letter of recommendation from the Commission, Councilwoman King moved to adopt their recommendations as follows: A photographic history of Huntsville and Walker County Musicians for three nights --Gilbert & Sullivan Opera Series of Mini -performances in dance (minimum of five performances) Membership of Texas Assembly of Arts Councils for Huntsville Arts Commission It was noted of the $5,205.25 allocated, $600.00 was returned from the Huntsville Community Theater upon cancellation of the Vaudeville Show. The total unallocated funds are $5,805.25, and with the above expenditures of $5,730.00, there will be a balance of $75.25 remaining. Councilman Dickens moved to second the motion of Councilwoman King. All were in favor and the motion passed unanimously. BUSINESS OF THE CITY ATTORNEY --JACK HANEY Consider an amendment to the Wrecker Ordinance Jack Haney indicated it is the recommendation of the Police Chief and it meets with the approval of the wrecker owners, to make the following amendment to the wrecker ordinance. The caption reads as follows: ORDINANCE NO. 79-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING SECTIONS 4A -9(h) and (1) and 4A -14(g) OF CHAPTER 4A, ENTITLED AUTOMOBILE WRECKERS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE. Mr. Haney indicated the following maximum fees may be charged by permit holders under this section for the use of the class of wrecker designated and no additional charges may be made. These maximum fees shall also apply to Class B hauls when the request is made through police communications center to have a vehicle towed from the scene of a collision. Collision hauls Use of dollies Winching for a vehicle from a ditch for righting an overturned vehicle or for similar unusual circumstances . . . . Removal of waste debris generated by the collision not including the first hour, per hour $10.00 Storage of two vehicles, per day (no charge if vehicle stored for less than 24 hours) $ 3.00 Mr. Haney said this ordinance also provides the maximum fee which may be charged by a permit holder for the impoundment of a vehicle from private property to be $25.00 and the maximum fee for storage of said vehicle shall be $3.00 per day, but no storage fee shall be charged if the vehicle is stored for less than 24 hours. Councilman Brown moved to adopt Ordinance No. 79-3 and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. CANVASS THE RETURNS OF THE CITY GENERAL ELECTION MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 10TH DAY OF APRIL, A.D., 1979 IN THE CITY HALL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. with the following members present: MORRIS I. WALLER, MAYOR Murray A. Brown Larry Corley E. Larry Dickens Jerry L. Dowling William Hodges Delora King Goree McGlothen Jane Monday Mayor Waller then read the returns of the City General Election. All results are tabulated in the chart below. After a thorough review of the results by the members of the City Council, Councilman Dickens then moved to adopt the results and Councilman Corley seconded the motion. The results being the election of Morris of Ward 3; and the election of Jane Monday as Councilmember for Ward 1, and Jerry L. Dowling as Councilmember for Ward 2. Also, the two election issues were canvassed with the Civil Service proposition being defeated and the Charter Amendment passing. All were in favor of the motion to adopt the results and the motion carried unanimously. RESULTS OF CITY GENERAL ELECTION --APRIL 7, 1979 The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman Goree McGlothen. City Attorney Jack Haney then administered the Oaths of Office to the newly elected City Councilmembers: Jane Monday, Ward 1 and Jerry L. Dowling, Ward 2; and to the re-elected members of the Council: Morris I. Waller, Mayor; Delora King, Councilmember for Ward 4; and Goree McGlothen, Councilmember for Ward 3. Mayor Waller then welcomed the new and re-elected councilmembers. NUMBER OF VOTES CAST IN WARD 1: 767 (50% of voter turnout) Candidate/ Morris I. Waller Arthur L. Herzog Jane Monday J.R. Horton, Jr. Civil Service Charter Amendment Issue: Votes Cast: of Total: CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meetings of March 27 and April 7, 1979 to the Council for their consideration. Councilman Brown moved to adopt the minutes as prepared and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. NUMBER OF VOTES CAST IN WARD 2: 322 (21% of voter turnout) Candidate/ Issue: Votes Cast: of Total: Civil Service Charter Amendment Yes 106 No 205 Yes 228 No. 76 Yes 32% No 63% Yes 70% No. 23% NUMBER OF VOTES CAST IN WARD 3: 280 (18% of voter turnout) CONSIDER AUTHORIZATION FOR CHANGE ORDER NO. ONE ON THE HOSPITAL WATER LINE PROJECT Mr. John Joerns, Director of Community Development, advised the Council that due to the position of an existing six inch water main and a four inch gas main, the hospital water line contractor was unable to make the connection at FM 1374 as planned. He indicated Change Order No. 1 modified the connection to adapt to the actual field situation. Mr. Joerns said the contractor has agreed to furnish all work and fittings for the connection at the same contract price as the original connection. Councilman Corley moved to approve the Change Order No. 1 on the hospital water line project and Councilman Goree McGlothen seconded the motion. All were in favor and the motion passed unanimously. Candidate/ Morris I. Waller Issue: Votes Cast: 198 of Total: 70% Civil Service Charter Amendment Yes 160 No. 89 Yes 169 No 58 Yes 57% No. 31% Yes 60% No 20% NUMBER OF VOTES CAST IN WARD 4: 138 ( 9% of voter turnout) Candidate/ Issue: Votes Cast: of Total: Civil Service Charter Amendment Yes 60 No 68 Yes 90 No 40 Yes 43% No 49% Yes 65% No 28% TOTAL VOTES CAST IN THIS ELECTION TOTAL VOTES CAST FOR THE MAYOR TOTAL VOTES CAST FOR CIVIL SERVICE TOTAL VOTES CAST AGAINST CIVIL SERVICE TOTAL VOTES CAST FOR THE CHARTER AMENDMENT TOTAL VOTES CAST AGAINST THE CHARTER AMENDMENT Percentage of Total: Percentage of Total: Percentage of Total: Percentage of Total: Percentage of Total: NOTE: This was the largest voter turnout in the history of the City elections. The only other large turnout was a result of the March, 1978 Bond Election, where 1,486 voters came to the polls to defeat the bond issue. CONSIDER TRANSFER OF FUNDS FROM WATER AND SEWER CONTINGENCY FUND TO WATER AND SEWER OPERATING BUDGET FOR REPAIRS TO WATER WELL NO. 18 Mr. Jim McAlister then presented factual information in support of the request to repair Water Well No. 18. Mr. McAlister reported the City's capacity for production, with all wells functioning for the summer of 1979 is 6.97 million gallons per day. He said if Water Well No. 18 is lost for lack of repair, our capacity drops to 5.9 million gallons per day (MGD). He said the peak demand for the summer of 1978 was 7.2 MGD. He said without Water Well No. 18, the City's deficit supply is 1.3 MGD. McAlister also reported that the three million gallon storage tank, which is part of the TRA surface water project, will not be completed until September 1, 1979. Mr. McAlister indicated Mr. Jack Waldron of Layne Texas Company, a water well drilling and repair firm, reported: "Well No. 18 needs a cut in liner of about 50 feet or so in order to provide more pump pit. The pump should be lowered to prevent breaking of suction. Facility for measuring water levels should be installed." Mr. McAlister said the estimated repair cost if $50,000±, although Jack Waldron anticipates less cost than that, unofficially. After much discussion of the pros and cons, Mr. McAlister indicated the lowering of the pump in Well No. 18 will not, in all probability, increase the production of the well; it will merely increase the life of the well and insure that it will not "break suction" during the high demand period this summer. He said Well No. 18 is one of our best and most reliable wells. He acknowledged the City plans to "phase out" the wells as they fail; however, he said this is one of our later wells and with proper maintenance, it should be a good supple- mental (to surface water) producer for years to come. He said consumption and demand have increased an average of 63,440,000 gallons each year for the past three years. He said no information is available to support that this trend will not continue into 1979. McAlister said the City can't provide the water if it does not have it, and providng water is one of our primary responsibilities. McAlister went on to say rationing is one of the less painful problems of low supply in relation to demand. He said having a major fire with an inadequate water supply is at the opposite end of the scale and most painful. He said it is a gamble not worth the cost of well maintenance, in his opinion. He then joined with Mr. Boyd Wilder, Director of Public Utilities, in recommending the expenditure of $50,000± for the well's repair. He supported his recommendation further by advising the Council it is not just an investment for this summer, but for the life of the well, which should be a minimum of ten years plus. After considerable discussion among the Council as to the pros and cons, Councilman Brown moved to transfer $50,000 from the Water and Sewer Contingency Fund to the Water and Sewer Operating Budget to fund the repairs for Water Well No. 18. Councilman Corley seconded the motion. Councilmembers Dickens, King, Brown, Corley and Monday were in Favor. Councilmembers McGlothen, Hodges and Dowling voted opposed to the motion. The motion, however, passed, by a margin of five to three. (Prior to this expenditure, $121,600 remained in the Water and Sewer Contingency Fund, according to Patricia Allen, Director of Internal Services.) Some of the Council made the following comments in support of their position on this issue: Councilman Hodges indicated he is opposed to this expenditure as spending a large amount of money on a water system that will be phased out in the next year just does not make sense. He said there are too many "ifs" surrounding the justification for the expenditure. Councilman Corley felt it would be a wise investment to insure that the citizens of Huntsville would have an. adequate supply of water for the summer. Councilman Brown felt the investment will be well spent on the well as the City can sell the water and pay for the repairs in a couple of months. Councilwoman King said even if the City has a wet summer, it will still need its peak capacity of water because everyone uses more water in the summer time. Mayor Waller said he did not feel this expenditure is necessary because it does not increase the capacity of the pumping of Well No. 18 to any extent, but only prolongs the life of the well, which is a highly problema- tical worthwhile expenditure for the City of Huntsville; because after this summer we are going on to surface water supply where we have massive fixed costs in the production of water. He said this increase in production and volume of water from Well 18 will not be necessary after this summer and will only be necessary this summer if we have as dry a summer as we had last year. He said water well repairs in past years have always been done immediately and the City has never had to wait for the work to be done. He did not feel the same urgency that some of the other Council felt to commit the funds now. He felt it could still be done later if the need dictates such. A'.ointment to the Cit Plannin. Commission MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 17TH DAY OF APRIL, 1979 IN CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS The Council met in regular session with the following members present: Morris I. Waller, Mayor Murray A. Brown Larry Corley E. Larry Dickens Jerry L. Dowling William Hodges Delora King Goree McGlothen Jane Monday The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was presented by Councilman Murray Brown. Mayor Waller then recommended the appointment of Dr. William Green, Associate Professor of Economics at Sam Houston State University, to fill the unexpired term of Mrs. Jane Monday, who was elected to the City Council on April 7. Mayor Waller said Dr. Green is a graduate of LSU, where he received his Master's Degree and Ph.D. He received his B.B.A. Degree from Lamar University. Mr. Waller indicated his teaching experience includes teaching at Northwestern University in Louisiana, and LSU and has been with SHSU for the past five years. Councilman Corley moved to approve the nomination of Dr. Green, who he said is a very brilliant man and very much interested in the City of Huntsville. Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. Status of Signalization of Normal Park & llth Street and 19th Street and Sam Houston Avenue requested a status report on the captioned project. Mr. McAlister indicated he was in touch with Mr. Don Johnson of Lockwood, Andrews and Newnam this date and he indicated those plans will be delivered to the City next week. Congratulations and Welcome to the Re -Elected Mayor E. Larry Dickens felt it appropriate to congratulate and welcome Mayor Waller. Councilman Dickens said Huntsville is fortunate to have Mr. Waller as its Mayor again for the next two years. He said he noted Mr. Waller had no opposition, at least announced opposition. He said this probably means one of two things: "One is that you're doing such an excellent job that no thoughtful person would come out against you. The other one is that the job is so worthless that no one wanted it." He said we will assume it is the former rather than the latter and congratulate you on being Chairman of this Council for two more years. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the April 10, 1979 meeting to the Council for their considera- tion. Councilwoman King moved to accept the minutes as written and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE BIDS FOR THE TOWN BRANCH DRAINAGE IMPROVEMENT PROJECT John Joerns, Director of Community Development, told the Council the Town Branch Drainage Project was a Housing and Urban Development Block Grant Project funded in 1975-1976. He said the 1975 funds were for right- of-way acquisition and the 1976 funds were for actual construction. He said the original bids received several months ago came in at $380,000+ and the funds available amounted to only $272,000. The second bid opening of March 29 displayed a very wide range of bids with the low bidder, Road Service, Inc. bidding $291,450. He said the second low bidder was Fairway Equipment Company at $391,188. The bids received are as follows: Rebel Contractors BRH Company E. E. Henry Fairway Equip. Co. Road Service, Inc. $393,900 $392,000 $436,500 $391 ,188 $291,450 $109,600 $120,000 $ 90,000 $ 90,000 $ 30,000 $ 8,750 $ 10,000 $ 12,500 $ 11,860 $ 5,000 $ 11,250 $ 10,000 $ 12,500 $ 11,860 $ 5,000 $ 11,250 $ 10,000 $ 12,500 $ 11,860 $ 5,000 $ 6,400 $ 8,000 $ 8,000 $ 5,120 $ 6,400 congratulated those re-elected and gave a special welcome to Jerry Dowling and Jane Monday. indicated he is looking forward to working with the Council for the next two years on projects that come before them. seconded Councilman Dowling's comments and added she was looking forward to a very interesting two years working with the City Council. reported he and Councilmembers Hodges and Dickens accompanied a TRA delegation to Washington last week where testimony was given on behalf of the City of Huntsville before the House and Senate Appropriations Committees for the early development of the Trinity River Basin. Essentially, he said, from our viewpoint, it would improve the quality of water from Lake Livingston and prevent erosion and flood control in the Trinity River Watershed. He said this trip is made each year by members of the Trinity Improvement Association so that continuing attention on a long range basis is given to the problems of the Trinity River. Mr. Joerns then discussed the flow of Town Branch and presented a map which showed Town Branch where the two small channels converge into one very large channel which flows north to 7th Street. He said if the Council wishes to improve the crossing at 7th Street by increasing the culvert capacity of the existing culverts; we will be adding four 8 -foot culverts that will necessitate the expenditure of local funds along with the available $272,000 HUD funds. He said if the Council decides not to improve the crossing, and not to add local funds to the project, then the City can award the contract deleting the 7th Street improvements and it can be accomplished totally with HUD funds. Mr. Joerns said this is the area of a serious bottleneck and the suggested improvements will enlarge its capacity by four times plus. However, he reported, even if it is improved by this amount, it will still not equal the capacity of the channel improvements. Mayor Waller indicated the importance of this particular channelization is realized when one considers that Town Branch drains virtually the entire community in the Trinity River Watershed part of the City. He said the dividing line extends from the Travelodge across due east to the Baker Motel and all of this drains into the Trinity River Watershed; the other side drains into the San Jacinto River Watershed. He felt the 7th Street crossing is one of the two major drainage channels in the City and this improvement is very important and very much needed for the Community. Mr. Joerns indicated in reviewing the 1975 HUD grant, he found a surplus of $8,208.85 unspent from the Thomason Street project. He said HUD has verbally informed him that they will allow that surplus $8,208.85 to be used on this Town Branch drainage project. Mr. Joerns said the total HUD funds now available for the project are $272,000, plus $8,208.85 for a total of $280,208.85. He then recommended awarding the bid to Road Service, Inc. in the amount of $291,450, subject to HUD's formal acceptance of the use of the surplus 1975 Block Grant funds on the 1976 program (Town Branch project). Jim McAlister suggested the Council fund the remaining $11,241.15 from Revenue Sharing funds. He said the Revenue Sharing fund contains $38,000 at this time. Councilman Corley then moved to award the bid to Road Service, Inc. in the amount of $291,450, using the surplus $8,208.85 from the 1975 Block Grant Project, and supplementing the available $272,000 Community Block Grant funds with $11,241.15 from Revenue Sharing; such motion subject to HUD's approval of the use of the 1975 surplus funds on this 1976 Town Branch project. Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. Councilwoman King moved to transfer $11,241.15 from Revenue Sharing Contingency Fund to finance the Town Branch Drainage Improvement Project, again, subject to HUD approval of the use of the $8,208.85 from the 1975 HUD project. Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. CONSIDER PURCHASE OF THE MOTEN PROPERTY City Manager, Jim McAlister, advised the Council of the availability of the Moten property, which is located in the City on 10th Street. He said the $15,000 purchase price could be funded from the Administration budget, however, this $15,000 should be transferred from the Revenue Sharing Contingency Fund to the Administra- tion's budget to effect this purchase. Councilman Brown moved to transfer $15,000 from the Revenue Sharing Contingency Fund to the Administration budget to purchase the Moten property. Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. It was noted in making improvements to this property, the City would remove the old buildings thereon by force account labor. CONSIDERATION OF BIDS RECEIVED FOR LIGHTING OF THE JOSEY SOFTBALL PARK Mr. Gene Pipes indicated of the nine bid invitations sent out for the lighting of Josey Park, only one was returned to the City. This was a bid from Mr. Willie Gene Woods in the amount of $32,870. The Council requested the City renegotiate this bid in hopes of reducing the cost/installation to a more compatible level with the available funds. It was noted $40,000 was budgeted for both Josey and Kate Barr Ross, to be expended equally between the two parks. As per the Council's authorization of April 10 to renegotiate the bid, Mr. Pipes indicated they have arrived at a bottom line price of $27,680 from Mr. Willie Woods. He said this new price does include the installation of new poles (rather than using the City's old poles, which were found to be unquestionably beyond reuse and too short). Therefore, Mr. Pipes said, by sacrificing only pole quality (not function), and achieving a number of installation reductions with the bidder, the job has been pegged at a more realistic price. Mr. Pipes advised the Council that the electrical supplier contacted by the City has indicated the "top end" price for this project should be between $23,000 and $25,000. He said if the Council still considers Mr. Wood's negotiated price to be excessive and does not consider the extra 14 days (bid period) to be too long, the City can take its chances and rebid the project, hoping for some outside interests the second time around; however, Mr. Woods would not rebid. After much discussion about how to proceed, it was finally decided to go with the bid from Mr. Woods in the interest of time, so that the field would be readied for the beginning of the softball season. Councilman Corley then moved to award the contract to Mr. Willie Gene Woods in the amount of $27,680 and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller suggested the overage needed be taken out of the Ross Park's allocated $20,000. Mr. Pipes indicated it will also take about $3,000 for the backstop and outfield work for Josey, which will make it a $30,000 project, leaving $10,000 for dirt work at Kate Barr Ross Park. He said the hardware needed for the Ross Park field can be budgeted in the next year's budget. The Council was in favor of this procedure. CONSIDER PURCHASE OF A CRT TERMINAL FOR USE BY THE UTILITY BILLING, TAX Proclamation of Private Property Week for the Realtors and Realtor Associates Mayor Waller then read the Proclamation to the Council and executed same in their presence. He then presented the Proclamation to Mrs. Margaret Miller, President of the Huntsville Board of Realtors and to Mr. Leonard Redd, local Realtor. Th.e Signal Installations. for llth and Normal Park and 10th and Sam Houston asked where the plans and specifications were on the captioned project. John Joerns, Director of Community Development, informed Councilman Dickens the plans and specifications were delivered from Lockwood, Andrews and Newnam Monday afternoon (April 16, 1979) and advertisement for bids would begin in Sunday's Huntsville Item (April 22, 1979). Councilman Dickens asked when and if these protective screens would be placed for the viewers' protection. Mr. Gene Pipes, Director of Public Services, indicated the screens would be in place for the beginning of the baseball season (April 30, 1979). Lockwood, Andrews and Newnam Traffic Survey Report Councilman Brown asked about the status of the Traffic Survey Report. Jim McAlister, City Manager, said approval is still awaited from the Governor's Office of Traffic Safety. He said, however, he has arranged for Don Johnson of LAN to make an informal presentation to the Council at the Planning Retreat June 8-9, 1979. Mr. Johnson, however, will be available to visit with the Council in the next work session to present the information. North Huntsville Sewer Project Mr. McAlister indicated a CRT could be put to maximum use now as the Tax and. Accounting Divisions are in th- process of converting to the in-house computer. He said getting the utility bills out on time requires entry into two CRT's. He said at the present time, the CRT in Accounting has been partially available for their use. He advised the Council that as Accounting and Tax Division workloads are added to the computer, less and less time will be available for the utility billing division to use this CRT. The estimated cost of the CRT is $2,000 and sufficient funds exist in the Finance budget for a budget transfer. McAlister said he did not feel it is necessary to send out formal bids, even though the purchase price is in excess of $1,000, although he is requesting formal council approval. He said when the City Council accepted the original bid, it was decided at that time what type of system would be utilized. Having components from several companies could cause problems, he said; for one, it would necessitate maintenance contracts with each vendor and when a problem occurs, it would perhaps require service calls from both companies as it is often difficult to pinpoint the problem. He said the original bid package included this piece of equipment and that there has been a substantial price reduction (_50 percent) since the original bid was accepted. Delivery and installation could be within a week, he reported. Councilwoman King moved to authorize the acquisition of the CRT terminal and to transfer the $2,000 from the Finance Budget for its purchase. Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. BUSINESS OF THE CITY ATTORNEY --JACK HANEY Consider Ordinance No. 79-4 retaining the local sales and use tax on the sale and distribution of gas and Jack Haney then presented Ordinance No. 79-4, the caption of which is as follows: AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, RETAINING THE TAXES IMPOSED BY THE LOCAL SALES AND USE TAX ACT (ARTICLE 1O66c, VERNON'S TEXAS CIVIL STATUTES) ON THE SALE AND DISTRIBUTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE IN SAID CITY. Councilman Brown moved to adopt Ordinance No. 79-4 and Councilman Hodges seconded the motion. in favor and the motion passed unanimously. ADMINISTRATIVE REPORTS --JIM MCALISTER Update by TRA on Surface Water Project indicated he had spoken with Mr. Lucky Graham of TDWR, the City's grant coordinator for the captioned project. Mr. Graham has informed us the project has been resurrected and is now moving along on an even track and hopefully, Mr. taller said, bids should be out in 90 days. Re said final approval from EPA should be received with the next 30 days and bids can be sent out within 60 days. According to Mr. Graham, construc- tion time will take one year, Mayor Waller reported. Th.e Council then adjourned for a ten minute recess and then convened in a work session and executive session, as scheduled. 'uth De aw, City Secretary April 17, 1979 Jim McAlister presented a Monthly Progress Report on the Huntsville Regional Water Supply System, provided by Larry Smaihall, Manager, Lake Livingston Utility Services of the TRA, dated April 6, 1979. McAlister also advised the Council of a site visit scheduled for the Council for Saturday, April 21, at 8:30 A.M. He said, however, with the heavy rains of late, this visit may have to be postponed. Jim McAlister brought the TML Legislative Report to the Council's attention which contained an article entitled: "Utility Jurisdiction Showdown Looms." He said the full House of Representatives is expected to vote this coming week on H.B. 585, proposing to abolish cities' control over electric rates and move original jurisdiction to the Public Utility Commission. He said electric utility lobbyists believe they now have enough Representatives lined up to pass this detrimental legislation. He did not ask the Council for any formal action but wanted them to remain abreast of this development. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE .8TH_DAY'OF MAX, 1979 COUNTY OF WALKER, AT 7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS', session with. the following members present MINUTES OF THE.HUNTSV'I:LLE CITY COUNCIL MEETING HELD ON THE 15TH DAY OF MAY, A.D., 1979 IN THE CITY HALL. COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. The Council met in regular session with. th.e following members present: Morriss I, Waller, T'furray A, Brown Larry Corley- E, orleyE, Larry Dickens Jerry L, Dowling William Hedges: Jane Monday Delora King Goree McGlothen Morris I. Waller, Mayor Murray A. Brown Larry Corley E. Larry Dickens Jerry L. Dowling William Hodges Delora King Goree McGlothen Jan Monday order b the Honorable Morris I. Waller, Mayor. The invocation was given by The meeting was called to or.er .y the Honora. a arra jailer, Mayor. The invocation was given by Councilman Murray A. Brown. CONSIDER THE .-nr.NUTES` TI3f PREVIOUS "MEETING Mayor Waller then presented the minutes of the previous - meeting of April 17, 1979 to the Council for their consideration. Councilman Brown moved to adopt the minutes: as: prepared and Councilwoman Monday seconded the motion. All were in favor and the motion passed unanimously, CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting of May 8, 1979. Councilman Corley moved to adopt the minutes as written and Councilwoman Monday seconded the motion. All were in favor and the motion passed unanimously. Proclamation of Mance E. Park Day in Huntsvlle;"Ie,Zas- Morris I. Waller then read a proclamation proclaiming Mance E. Park Day -in the City of Huntsville on May 11, 1979. Mr. Park is retiring after 22 years- of service to the Huntsville Independent School System as its Superintendent. The community is to recognize th.e many -accomplishments of Mr,. Park during this celebration by having a reception and dinner in his -honor, Consider Resolution No. 79-7 Supporting tfi.e W.: 'T. "RdRiiseri "MeMe ial HighWay'Designation Mayor Waller, then read the Resolution in honor of Mr, W'. T. Robinson, who was a prominent business and civic leader of the City of Huntsville, which supported a Chamber of,Commerce application seeking the designatio of Interstate Highway No. 45, between Mile Post 112.5 and 119.0 as the "W-. T. Robinson Memorial Highway," Mr. Tom Randle, President of the Huntsville Chamber of Commerce, introduced the request to the Council by elaborating on the history of the construction of the interstate highway just west of Huntsville. Councilman Brown moved to adopt Resolution No, 79..7 and Councilman Corley seconded the motion. favor and the motion passed unanimously, ATTENDING CITIZEN --CARL MATTHEWS TO DISCUSS ROAD CONSTRUCTION Mr. Carl Matthews asked what the Council's plans were for the improvement of Roans Ferry Road. He asked why the City's improvements stopped after only partially improving the road as he said twelve families live on the unimproved part of Roans Ferry Road that can't get in and out to their property easily. He said even though the roads are wet, he felt they could be drug and gravelled so as to facilitate the entry and_exit activities of residents. He said the city trucks do come out there to get sand out of the bar ditches and they haul it away for some other project. He felt this caused water to run down the center of the road instead of in the bar pits where it should run. He said the culverts are stopped up. He said the City tried to unstop a culvert four or five years ago, but instead of that they just used their equipment to remove the. culvert and it is still laying there today. He said water runs across the road and his lake is already ruined by the runoff dirt. Jim McAlister indicated the cost to apply two course penetration paving for the 1.35'mile unpaved portion of Roans Ferry Road is $33,167 plus the rock base and a bridge replacement. He said when the City considers those streets each year to be included in the two course penetration paving program, it considers the number of structures or improvements on the road in relation to the cost, so as to serve the most people. He said unfortunately, Roans Ferry Road has always been one of those streets that has had a tremendous amount of cost for the number of people that are there. He then showed some slides of Roans Ferry Road, taken prior to the use of the road by the contractors that are laying the City's 30 inch water line as part of the TRA project, and before the recent rains. He said because of the inordinate amount of rain of late and the use of the road by_ the heavy trucks on the TRA project, the road has deteriorated somewhat. He said before the deter-io- 'iati'on;: the road was passable for pickups and cars, but it was never designed for heavy trucks, especially during inclement weather. He said the contractor has repaired the road on either side of where it was cut to lay the water line, but the biggest portion is still in bad shape. Mr. Matthews said the city has also torn up his blacktopped private drive -way when they pick up the garbage. Although it is placed at the end of the drive, he said the garbage truck still uses his drive -way to turn around because of the bridge being out for so long, they had to go back the same way they came. He said he would like the city to repair his drive -way. In summary, Mr. Matthews wanted the City to repair the road, clean out the bar ditches and culverts to prevent the dirt from washing into his lake, and also repair his driveway. Mayor Waller asked the City Manager to place this item on the Council's next worksession so they might be fully apprised of the status of that road. REVIEW AND CONSIDER BIDS ON TRAFFIC INSTALLATIONS ON SAM HOUSTON Jim McAlister indicated this item is placed on the agenda at the request of Councilman Dickens. However, he said Mr. John Joerns, who is handling the bidding process, has been out of town for the last few days and we have not been able to finalize our investigation into the bids on the project. He asked the Council for a little more time to have our period of full evaluation so we can come back with some recommendations. He said the $15,000 spread on the two bids we did receive warrants some investigation. Councilman Brown requested that this item be placed on a worksession agenda. Councilman Dickens indicated he requested its placement on the agenda this week due to his expected absence from the City for next week's worksession, so that the process of review could begin, and not necessarily for the purpose of taking action on the bids. He requested that the information the City prepares for the Council for their review of the matter next week include the subject of funding (including the balance in the contingency fund, as well as revenue sharing and general fund balances). He expressed his disappointment that the bids came in quite so high. He felt the discussion of need has been exhausted and the critical question now is funding. He also asked Accounting for the current status of certificates of obligation and for the Council to consider this avenue as a possible funding source. REPORT FROM THE CITY PLANNING COMMISSION John Joerns, Director of Community Development, then reviewed the salient features of the minutes of the meeting of the Planning Commission held on May 7, 1979. CONSIDER APPROVAL OF BUDGET TRANSFERS AND OTHER CONTINGENCY ITEMS The Council then reviewed and approved the April 11, 1979 Contingency Reports for the General, Water and Sewer, and Revenue Sharing Funds, as well as the budget transfers to be approved through March 31, 1979 for the General and Water and Sewer Fund and the TRA Reserve Fund. Consider Ordinance Amendment to Include Cats under Inoculation Requirements of Dog Ordinance Councilman Brown asked when the City could expect the repayment of the $25,000 front end on the grant to the Police Department for the computer. Jim McAlister indicated due to some personnel changes in the LEAA office in Austin,'the grant processing has been delayed._ McAl:ister_said_the_ci'ty,:has been'. assured that the grant has been :awarded and 'veil l .be. forthcomi ng. Councilman Brown moved to accept the budget transfers and other contingency items presented and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDER PURCHASE OF A PATCH TRUCK FOR THE STREET DIVISION Jim McAlister sresented the bids that had been received and these are listed as follows: Mercedes L 1316/51 (30,000 GVW Diesel Engine Type) Ford L 8000 Jack Haney read the caption of Ordinance No. 79=7 as follows: AN ORDINANCE AMENDING SECTIONS 4-21, 4-22, 4-23, 4-24, 4-25, OF ARTICLE II, CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY ADDING THE WORDS "AND CAT" FOLLOWING THE WORD "DOG" IN EACH OF THOSE SECTIONS AND BY AMENDING SECTIONS 4-32, SECTION 4-33, SECTION 4-34 OF ARTICLE II OF CHAPTER 4 OF THE CODE OF ORDINANCES BY RENUMBERING THOSE SECTIONS AND ADDING THREE NEW SECTIONS AND BY DELETING PRESENT SECTION 4..32 OF ARTICLE I;PIOF CHAPTER 4 OF THE CODE OF ORDINANCES, AND BY CHANGING SECTION 4-33, TO SECTION 4-35, CHANGING SECTION 4-34 TO 4-36, CHANGING SECTION 4-35 TO SECTION 4-37, CHANGING 4-36 TO SECTION 4-38, CHANGING SECTION 4-37 TO SECTION 4-39 AND CHANGING SECTION 4-38 TO SECTION 4-40, AND AMENDING PRESENT SECTION 4-36 AND AMENDED SECTION 4-38 BY CHANGING THE WORD "DOG" TO "ANIMAL," AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Corley moved to adopt Ordinance No. 79-7 and Councilwoman King seconded the motion. Al favor and the motion passed unanimously. Consider Ordinance ReducinFoodhandlers Permit Fee Jack Haney then reviewed this Ordinance with the council, the caption of which is as follows: (30,000 GVW Diesel Engine Type) Port City Ford - - - Ford LN 8000 $21,050 (30,000 GVW Diesel Engine Type) Mr. McAlister indicated after a thorough study by the Purchasing Division, it is the recommendation of the Purchasing Division and the Administration that the City accept the low bid of World Wide Truck. It was noted during the budget process, a certificate of obligation in the amount of $14,000 was budgeted for the eventual purchase of this replacement vehicle. After much discussion regarding the pros and. cons of purchasing this foreign made vehicle, the Council took the following action. Councilman Brown moved to adopt the bid of World Wide Truck for the Mercedes L 1316/51 and to authorize the payment of same through a certificate of obligation over a four year period of time for the full amount of the vehicle, $18,649. Councilman Dickens seconded the motion. Councilmembers Corley and Dowling voted OPPOSED to the purchase of this particular vehicle. All other members of the Council were in favor and ORDINANCE NO. 79-8 AN ORDINANCE AMENDING ORDINANCE NO. 79-1 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY AMENDING THE AMOUNT OF THE FEE FOR FOOD HANDLERS' IDENTIFICATION CARD BY REDUCING THE AMOUNT OF SUCH FEE FROM $8.00 TO $2.00 IN SECTION 8A-68 (B) (4) (F), AND (G) AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hodges moved to adopt Ordinance No. 79-8 and Councilwoman Monday seconded the motion. All favor and the motion passed unanimously. ADMINISTRATIVE REPORTS --JIM McALISTER Update on Magnolia Way Deterioration Jim McAlister, City Manager, presented some background information on the curb and gutter and street failures on a Forest Hills Street --Magnolia Way. After a short discussion, Mayor Waller asked Mr. McAlister to do some additional research on the subject and present it all to the council in the next work session. CONSIDER BIDS FOR REPAIRS TO THE SOUTH HUNTSVILLE SEWER PLANT CLARIFIER Jim McAlister, City Manager indicated bids were opened on Wednesday, May 9, 1979 for sandblasting and painting the equipment in the secondary clarifier at the South Sewer Plant. He said only two bids were received; one from Anderson Plastico Company in the amount of $10,700 and one from Commerical Coating Company in the amount of $8,800. He said $6,500 was budgeted for this project and was considered quite an ample amount at the time it was budgeted. He said it is the recommendation of the Director of Public Utilities, Mr. F. Boyd Wilder, that both bids be rejected. It was noted Mr. Wilder requests additional time to re-evaluate the project to determine if the specifications can be revised or perhaps the scope of the project increased. The Council accepted the recommendation of Mr. Wilder to reject all bids and to await his re-evaluation. BUSINESS OF THE CITY ATTORNEY --JACK HANEY MAYOR'S REPORT --MORRIS I. WALLER Two Appointments to the City Planning Commission Mayor Waller advised the Council of the resignations of Mr. J. I. Wood and Mr. Paul Mitchell from the Planning Commission. To fill the unexpired positions of these two individuals, the Mayor appointed the following; Consider Certificate of Obligation for Purchase of the Street Sweeper Jack Haney then presented the Ordinance, numbered 79-5, as follows (by caption): Mr. Gary Bass, Owner -Manager Huntsville Outdoor Center, Inc. Mr. Clyde "Bo" Hall, Owner -Mgr. City Lumber Company to fill the position being vacated by Mr. Paul Mitchell (3-1-84) Mr. Waller read a brief biography of each candidate and then asked the Council for their consideration. Councilwoman Monday moved to appoint Clyde "Bo" Hall to the Planning Commission to fill the unexpired term of Jim Wood and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Councilman Dickens moved to appoint Gary Bass to fill the unexpired term of Paul Mitchell and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Proclamation of Municipal Clerk's Week AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE ISSUANCE OF A SINGLE SERIES "CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION," DATED MAY 15, 1979, IN THE AMOUNT OF $44,959.27, PRESCRIBING THE FORM OF A CERTIFICATE AND THE FORM OF ENDORSEMENT TO APPEAL THEREON; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE SAID CITY TO PAY THE INTEREST THEREON AND TO CREATE A SINKING FUND FOR REDEMPTION THEREOF, AND PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SUCH TAXES; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE PURPOSE AND SUBJECT OF THIS ORDINANCE. Councilman Corley moved to adopt Ordinance No. 79-5 and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. Consider Ordinance Instituting a Charge for Return Checks and Increasing the Cut-off and Reconnect Fee for Water Jack Haney then read the caption of this ordinance, as follows: ORDINANCE NO. 79-6 Mayor Waller then officially proclaimed Municipal Clerk's Week for May 13-19, 1979. Proclamation of National Policemen's Week Mayor Waller then also officially proclaimed May 13-19 as National Policemen's Week. Res ivelyssuu//b��miit�tted, uth DeShaw, City Secretary May 1.5, 1979 AN ORDINANCE AMENDING SECTION 17-11,ARTICLE 1, CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS BY INCREASING THE CUTTING OFF AND TURNING ON CHARGE FROM $5.00 TO $10.00 AND BY ADDING A NEW SECTION 17-15, ARTICLE 1 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY PROVIDING FOR A NEW PARAGRAPH SECTION 17-15 ENTITLED CHARGE FOR RETURNED CHECKS, PROVIDING THAT A $5.00 CHARGE WILL BE MADE TO THE WATER CUSTOMER WHO ATTEMPTS TO MAKE PAYMENT FOR WATER SERVICE, BY PASSING A CHECK WHICH IS RETURNED BECAUSE OF INSUFFICIENT FUNDS IN THE CUSTOMER BANK ACCOUNT. Councilman Brown moved to adopt Ordinance No. 79-6 and Councilwoman Monday seconded the motion. All were favor and the motion passed unanimously. MINUTES OF THE CITY COUNCIL MEETING HELD ON THE 24TH DAY OF MAY, 1979 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 10:30 A.M. The Council met in an emergency meeting with the following members present: Morris I. Waller, Murray A. Brown Larry Corley Jerry L. Dowling Delora King E. Larry Dickens William Hodges Goree McGlothen Jane Monday MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 29TH DAY OF MAY, A.D., 1979 IN THE CITY CHAMBERS LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS AT 7:00 P.M. The Council met i:n a regular session with. the following members present: E. Larry Dickens, Mayor Protem Murray A. Brown Larry Corley Jerry L. Dowling William Hodges Delora King Goree McGlothen Jane Monday The meeting was called to order by the Honorable Morris I. Waller, Mayor CONSIDER CONTRACT FOR REPAIRS TO MANHOLE AT ELKINS LAKE ON EVERGREEN STREET The Council was called together to take action on awarding a contract to repair the manhole at Elkins Lake on Evergreen Street (above the Water's Edge development and at the 13th Tee of the Golf Course). Mr. Boyd Wilder Director Public Utilities, indicated one of the manholes in the sanitary sewer system at Elkins Lake settled or sunk causing the lines to break. He said this is allowing the sewer to enter the storm sewer system and run into the lake. This problem was noticed several months ago, he said, and has progressively gotten worse. He said he had contacted several contractors about this to see if he could get someone to repair the manhole as the City does not have a backhoe that will dig deep enough. Mr. Wilder indicated he contacted Oscar Crawford Construction Company and Robert Blacksher_, Welding Company. He said only one of these contractors was interested in making the repairs, and this was was Robert Blacksher Welding Company (the same contractor as is on the Hospital water line). It was reported that Mr. Blacksher has proposed to do the job for cost plus 30 percent with the requirement of the 30 percent to amount to a minimum of $7,500. He said work would begin on Friday, May 25, 1979 if a contract is negotiated today with Mr. Blacksher. Boyd Wilder said this project will be paid for by Elkins Lake Municipal Utility District through the service agreement between the City of Huntsville and Elkins Lake at our cost plus 10 percent because this is a repair of part of Elkins Lake sewer collection system. He said he is estimating this project to cost between $25,000 to $40,000, and said this estimate is widespread because it is difficult to foresee what prohlems could be en- countered during repairs. Mr. Wilder indicated the General Manager of ELMUD, Mrs. Helen Webb, is in agreement with the needed repairs and is anxious for them to be made. The Council noted the emergency nature of the problem because of the fact that sewer water is getting into the storm system and thus into the lake. They were concerned, however, that all parties involved agree to the provisions regarding the repair work and that a formal contract be drawn up indicating that the costs would be. borne by Elkins Lake. Councilman Corley made the motion to award the contract for the manhole repair to Blacksher Welding Company as per the stipulations outlined in the memorandum from Boyd Wilder, dated May 24, 1979, with Boyd Wilder in charge of arranging for the supervision of the construction of same by the City, and the cost of the entire project to be paid by ELMUD and declaring it an emergency situation. Councilman Murray Brown seconded the motion. All were in favor and the motion passed unanimously. Mr. Boyd Wilder had drafted up an agreement between Robert Blacksher and the City, which was reviewed by the City Attorney, Jack Haney, and then negotiated by the City Manager, Jim McAlister, Robert A. Blacksher, President of Robert Blacksher Welding Company, and Cal Howard, President of Elkins Lake Municipal Utility District, dated the 24th day of May, 1979. Respectfully submitted, the meeting and called it to order. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor. Protem Dickens then presented the minutes of the two previous meetings of May 15 and May 24 -to the Council for their consideration. Councilwoman King moved to approve the minutes as written and Councilwoman Monday seconded the motion. All were in favor and the motion passed unanimously. Jack Kyle then presented the following written comments: "In March, I appeared before the Mayor and Council and stated my opposition to the Civil Service issue on the ballot. My opposition was directed specifically at Civil Service and not at the Huntsville Police. For that reason, I am appearing before you again. "Having met formally with members of our Police Department on two occasions and knowing of the city planning session scheduled in early June, certain items are called for your attention and consideration. "The items are: "-The Council should establish an order of priorities for areas of police work. Each area should include what you expect to be done, including when and how. Such a process will furnish an evaluation device for all concerned. "-Consider the department's manpower needs in relation to the priorities established. "-Review the Police Department salary structure and benefits in relation to their re- quirements and hazards. I believe you will judge performance fairly and respond ac- cordingly. "-With the potential drug problem, consider assignment of qualified personnel on -a full- time basis to this single problem. There is no reason that the cooperation of all law enforcement entities cannot effect a reasonable solution to the problem. It is time for all of us to address the issue head-on. "-Consider equipment needs of the Police Department and make plans to furnish what is needed that is not already provided. Request studies or comparisons be made to insure the quality of equipment. "-Finally, I recognize the many hours all of you spend addressing city problems and the fact you draw little or no appreciation but much criticism. The same could be said of all city departments. However, you may be assured there are many Huntsville people who do appreciate the efforts of everyone connected with the city. I personally appreciate the opportunity to appear before you. Charles Davis to Address the Council Regarding Telecable Rates Charles Davis, attorney for Telecable, Inc. of Huntsville, Texas, advised the Council that Telecable would no longer notify the City Council regarding rate matters as rate regulation is not a matter of their franchise. Mr. Davis said Telecable is not a utility and therefore is not covered under City Council regu- lations. He said the purpose for his visit is to allow the City Council time to disavow any responsibility for subsequent rate hikes. City Attorney, Jack Haney, responded in concurrence and urged the City Council to clairfy its non -rate setting policy. Mr. Davis advised the Council the Telecable Franchise is merely an operating agreement, not a franchise per se. Councilman and Mayor Protem Dickens requested further information and clarification for the City Council's next worksession to be held on June 12. Mr. Davis indicated his willingness to return to meet with the Council again. CONSIDER APPOINTMENT OF AN ASSISTANT MUNICIPAL COURT JUDGE Jim McAlister indicated due to the resignation of the Court Administrator and Assistant Municipal Judge, the Council needs to appoint the new Court Administrator, Mrs. Patricia Graham, as the Assistant Municipal Judge. He recommended that the Council take this action as Mrs. Graham has exhibited an outstanding ability to conduct the business of the Municipal Court and will be able to assume the role of Assistant Municipal Judge in a very professional manner. Councilman Dowling moved to appoint Patricia Graham as the City's Assistant Municipal Judge and Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ACCEPTANCE OF THE SECOND QUARTER TAX REPORT (FY 1978-1979) Jim McAlister indicated the Tax Division has compiled the total receipts for January, February and March, 1979. He said the total precentage collected of the 1978 tax levy was 85.23 percent, or, $720,290.83. He said the total delinquent collection was 19.7 percent, or, $21,003.36. The Council reviewed the tax collection reports and adjustment sheets for January, February, and March, 1979. Councilman Brown moved to accept the second quarter tax report and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDER FUNDING AIR CONDITIONER FOR COMPUTER ROOM Mrs. Alien indicated the cost of the bond would be $5.00 for every $1,000 of coverage. She requested the Council to decide the amount of coverage they desire on the Tax Assessor, and whether or not a bond is desired on the Director of Internal Services. She said funds will need to be appropriated from General Fund Contingency. At the same time, it may be wise, she said, for the. Council to consider increasing the blanket bond for the other employees. Mrs. Alien then recommended $50,000 for the Tax Assessor (in keeping with other tax jurisdictions), $25,000 for the Director of Internal Services and the office personnel in the Customer Service Division, and $10,000 on the remainder of the employees. She indicated the cost for this coverage would be $600. After some discussion, Councilwoman King moved to transfer $600 from the General Fund Contingency to the General Fund to purchase the bond requirements outlined by Mrs. Allen and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RE -AWARD OF TOWN BRANCH DRAINAGE PROJECT SUBJECT TO HUD APPROVAL In a memorandum from John Joerns, dated May 25, 1979, the Council was advised that the low bidder on the indicated he has received written confirmation from BRH Company and Rebel Contractors on extension of their prices until June 1, 1979. He has verbal agreement also, he said, from Fairway Equipment Company to extend the prices until June 1, but as of today, he had not received their written confirmation. Mr. Joerns indicated tha in light of the past two weeks' events, the Council has two aternatives: 1. Award the full contract, subject to HUD concurrence, in the amount of $391,188 to Fairway Equipment Company (pending the receipt of their bid bond and extension of their bid prices by Tuesday, May 29.) This would require the addition of $87,247 in local funds to the project. $270,000 HUD funds available $ 14,500 forfeiture of security by Road Services $ 8,200 HUD concurrence in use of 1975 grant funds for 1976 Town Branch Project $ 11,241 already appropriated by Council from Revenue Sharing $303,941 funds available at present 2. To award the contract subject to deducting Alternate 1 (7th Street Crossing) to BRH Company in the amount of $272,000 (pending receipt of their bid bond by Tuesday, May 29). At this time, he said, it would be impossible to re -bid the project. He told the Council if this were considered, the City may well "toss the project out the window and ship the money back to HUD." It was the staff recommendation to accept alternative No. 2, pending receipt of bond and HUD concurrence. A discussion ensued centering on the Council's concern about the 7th Street location (being deducted from work). John Joerns explained the volume wouldn't increase necessarily because of back up -storage potential on previous volume. Councilwoman Monday moved to accept the staff's recommendation to award the bid to BRH Company in the amount of $272,000, pending receipt of bond and HUD concurrence. Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. the City Manager indicated the additions to computer hardware have necessitated additional air conditioning in the computer room. With the addition of hardware purchased with grant funds for the Police Department, the City .is unable to maintain the room temperature at the required level for safe operation. He said the service- man recommends a temperature not to exceed 81°, and there are times when the temperature reaches 850-90°. Mr. McAlister said the estimated cost is $850 with the installation being done in-house. He requested that funds be appropriated from the contingency fund. McAlister also estimated the cost includes a 25,000 BTU air con- ditioner, a dehumidifier, and the necessarysuppTies:for installation. Councilman Hodges moved to fund the air conditioning expense from the General Fund Contingency and Council man McGlothen seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AUTHORIZATION FOR UTILITY RELOCATION FOR AIRPORT PROJECT Jim McAlister indicated the construction of the parking lot at the airport facility will require utility relocation by Gulf State Utilities. Representatives of GSU have reviewed the project on site and submitted a price of $991.29 for the relocation. He said according to our consulting engineers, O'Malley and Clay, utility relocation is a grant eligible item. This project, he said,, however, is on an extremely tight budget. Therefore, he said there is an outside chance that the cost of_utility relocation may have to be borne 100 per- cent by the City. He said before the work can proceed, the Council must authorize the expenditure of $99.1.29 for utility relocation. Councilwoman King moved to authorize the expenditure of $991.29 from General Fund Contingency and Council- man Dowling seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AUTHORIZATION OF PAYMENT FOR DESIGN FEE ON THE HOSPITAL WATER LINE PROJECT The City Manager referred to a memorandum from Patricia Allen, Director of Internal Services, dated May 23, 1979 which stated the total amount of the engineering for the design phase of the hospital water line is $7,295.46. Mrs. Allen indicated the City is in receipt of a bill for $6,327.75 with the remainder of the con- tract to be billed at a later date. Mrs. Allen said funds could be appropriated from the Water and Sewer Contingency Fund, which currently has a fund balance of $63,010.03. This design fee to be paid to Davidson Engineering of Huntsville. Councilman Brown moved to transfer $7,295.46 from the Water and Sewer Contingency Fund to the Water and Sewer Operating Fund and to pay Davidson Engineering $6,347.75 at this time.` Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS ON SIGNALIZATION OF 11TH AND NORMAL PARK AND SAM HOUSTON MAYOR'S REPORT --MORRIS I. WALLER Jim McAlister indicated that on May 9 bids were received for the proposed signalization as follows: Base Bid Alternate Bid Appointment of Board of Equalization In a memorandum from Bob Smith, Tax Assessor/Collector, the Council was advised that pursuant to Section 12.04 of the City Charter, it is time to appoint a Board of Equalization for the 1979 Tax Roll. He said each year he has met in conjunction with the HISD Board to the mutual benefit of the City and the protesting tax- payers. He then presented a list of the school's Board of Equalization members that would qualify as members for the City. Mayor Waller had requested the Council's approval of the following members: 1. Ralph Lawson 2. Boley O'Bannon 3. Dorothy Giroux 4. John Amick 5. Buck Thomason Mr. McAlister indicated the two intersections were bid as a package. Therefore, he said, it isn't possible to award a contract for signalization of one intersection without rebidding the work. John Joerns, Director of Community Development said that if the Council wishes to proceed with the project and award the bid, it is recommended that the alternate bid submitted by Baytown Electric be accepted. The alternate bid calls for the installation of a new controller at llth and Normal Park as opposed -to the repairing and adding accessories to an existing controller owned by the City, Joerns said. He said he felt that the difference of $2,000 is money well spent towards a new solid state controller as opposed to refurnishing a controller whose components will become more difficult to find. After much discussion of the bids and the consensus of the Council that the costs were excessive, the staff urged the Council to reject all bids and rebid the projects as separate jobs plus the package format. Council- man Brown moved to reject all bids and Councilman McGlothen seconded the motion. Councilman Corley urged the Council to amend this motion to include the Council's desire to rebid the job as a split job as well as a package deal. Amendment was accepted. All were in favor and the motion passed unanimously. CONSIDER AUTHORIZATION FOR FUNDS FOR INSURANCE BONDS FOR TAX COLLECTOR Councilman Hodges moved to adopt the Mayor's recommendations and Councilman were in favor and the motion passed unanimously. Proclamation of Vietnam Veteran's Week, 1979 Mayor Protem E. Larry Dickens then read the Proclamation which the Mayor had previously signed, which honored all Viet Nam Era Veterans during the week of May 28 through June 3, 1979. Mr. John Strebe, a Vietnam Veteran and Vice Commander of the V.F.W. Post responded to the reading with a statement and the introduction of other guests: Messers. Bert Boyd, Charlie Davis and George Fields of the V.F.W. and Messers. Art Jacoby, George Wheat and Jo Smith of the American Legion. 'uth DeShaw,'City Secretary May 29, 1979 Director of Internal Services, Patricia Allen, noted that the Director of Internal Services and the Tax Assessor were specifically excluded from the blanket bond coverage for other employees ($10,000 each). She said Article 1044 of the the Texas Civil Statutes requires that the Tax Assessor/Collector "shall give a good bond in such amount and form as the City Council. may prescribe . . . he shall perform no official act until said bond shall be given and approved." MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19TH DAY OF JUNE, CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, WALKER COUNTY, The Council met in regular session with the following members present: Morris I. Waller, Mayor E. Larry Dickens Jerry L. Dowling Delora King Goree McGlothen Jane Monday Murray A. Brown Larry Corley William Hodges 1979 IN THE CITY HALL TEXAS. AT 7:00 P.M. The meeting was called to order •y t e Honora• e orris . ^a er. Jerry L. Dowling. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting of May 29, 1979. Councilwoman Monday re- quested that these minutes reflect that she questioned the deletion of the 7th Street crossing from the Town Branch. Project and asked the City to address that question to see if there was anything else that we could do to help the situation on 7th Street. Page 5 of the minutes were thereby corrected to reflect this. In response Mr. McAlister indicated he has contacted the HUD office in an attempt to get them to change their views and opinions about keeping their source of funds limited to what was originally agreed upon and tried to increase that funding to include the 7th Street crossing, but had not been successful in doing that. He said we do have approval from HUD to proceed with the project, with. the deletion of the 7th Street crossing. He said the only alternative would be to issue a certificate of obligation or find some alternative source of funding for 7th Street. The problem is back in our court at this time, McAlister reported. The amount of $87,250 would be needed to fund the 7th Street alternative, Mr. Joerns reported. Morris Waller, Mayor, indicated this is a subject we will want to discuss further in an upcoming worksession. There being no other additions to the minutes, Councilman Dowling moved to adopt them as amended and Councilwoman Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS FOR AN AIR COMPRESSOR FOR THE SANITATION DIVISION Jim McAlister advised the Council bids were opened on June 6 at 11:00 A.M. for the purchase of an air compressor to be used with sandblasting equipment. He then presented the bidders responding, as follows: Sullair Corporation.. Houston Ingersoll Rand P -175 -W -D LeRoi Q160D-E $ 7,899 $ 8,246 with options* $ 8,290 $ 8,637 with options* $ 9,687 L. B. Smith Company Oklahoma City, Oklahoma Mr. McAlister said if this equipment is approved, it is the recommendation of the Street Division and Purchasing Division that the low bid submitted by Plains Machinery of Houston in the amount of $8,160.50 be accepted as the best and most responsible bid. Fundshave not been appropriated for this equipment, he said, however, there are available monies in the supplies accounts for maintenance and reconstruction of streets, that could be transferred for purchase of this equipment. in the budget which had sufficient funds for materials, however, a delayed shiof materia arrived on the rails, which consumed the available funds for payment of same. ince that time, McAlister said, we have been carefully analyzing our budget balances and cannot find sufficien funds to cover the purchase of the asphalt recycling machine in our allocated amounts. Funding for the purchase must come from Revenue Sharing Contingency, he said, which has a current balance of $38,000; or, from the General Fund Contingency Fund balance; or the purchase may be postponed and rebid after the 1979-1980 budget is approved. Patricia Allen noted the balance in the General Fund Contingency Fund is presently $106,000. After some discussion, Councilman Dickens moved to award the bid to Plains Machinery Company of Houston for the Bomar AR -5 in the amount of $8,160.50 to be purchased from the Revenue Sharing Contingency Fund. Councilwoman Monday seconded the motion. All were in favor and the motion passed unanimously. Councilman Dickens commended the City for this innovative addition to the practices of the City's Street Division. CONSIDER BIDS FOR A 3/4 TON TRUCK FOR THE WATER AND SEWER DIVISION Jim McAlister indicated on May 30, at 11:00 A.M. bids were received and opened for the purchase of a 3/4 ton cab chassis for the Public Utilities Department. He said this vehicle is a replacement for the 1974 GMC truck which was wrecked in March. He then presented the following bids: Cole Motor Company Moore -Henry Ford Huntsville Chrysler Plymouth GMC -TC 20903 Ford F250 Dodge D-200 Charlie Jones Field Services Conroe *Ball type trailer hitch $ 76.00 Items were bid as options and have Electric Services $160.00 been added to the initial price of Tail and turning lights $111.00 the bid. McAlister said it is the recommendation of the Public Utilities Director, Mr. Boyd Wilder and the Purchasing Division that the low bid submitted by Huntsville Chrysler Plymouth in the amount of $5,855.13 be accepted as the best and most responsible bid. McAlister also reported the City has received $2,000 plus salvage of the truck from the insurance company representing the owner of the vehicle responsible for the accident. The remainder of the purchase price ($3,855.13) could come from the Water and Sewer Contingency Fund. The balance at this time is $55,714.57, he reported. Word was received this date, McAlister said, that this vehicle will not be delivered in the 45 day delivery time and will not be a 1979 vehicle as bid; instead, Jack Spence said he could deliver a 1980 vehicle in September for the bid price above. Councilman Dowling moved to award the bid to Huntsville Chrysler Plymouth for the Dodge D-200 in the amount of $5,855.13, which he understands will be a 1980 model and will be delivered in September, to be paid from the Water and Sewer Contingency Fund. Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Mr. McAlister indicated it is the recommendation of the Assistant City Manager, Mr. Gene Pipes, and the Purchasing Division, that the bid submitted by Sullair Corporation of Houston for the Sullair 185 DPQ JD in the amount of $8,637 (air compressor plus options) be accepted as the best and most responsible bid. Mr. McAlister noted this equipment is scheduled to be purchased with a certificate of obligation. Councilman Dickens moved to adopt the recommendation of th administration to award the bid to Sullair Corporation in the amount of $8,637 for the Sullair 185 DPQ JD, and to purchase same through a certificate of obligation. Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS ON THE ASPHALT RECYCLING MACHINE Jim McAlister, City Manager, indicated bids were received on June 6 at 11:00 A.M. He said utilization of this machine would enable the City to reheat, then reuse asphalt for minor road repairs. He said cold patch asphalt does not bond as well as the hot mix, and street repairs are therefore continously recurring. He said although the bid invitation included four options: 1) lease of equipment, no option to purchase; 2) lease of equipment with option to purchase (Lease term and date of purchase to be determined by the City.); 3) lease of equipment with option of purchase (Lease payments to be applied to purchase price.); and 4) pur- chase outright, only two bids were received and both were for outright purchases, as follows: CONSIDER FUNDS FOR THE CITY'S CASH MATCHING GRANT FOR THE POLICE DIVISION Chief of Police, Gail E. Burch, Sr., advised the Council that in 1978 the Police Division placed a grant request with HGAC for eight handi-talkies and two mobile radios for a total cost of $10,384. He said all equipment grants require 25 percent cash -match funds from local funding (.2,907.52 is required). On June 11, he said he received of cash -match to approve purchase of document and the City's payment must order can be placed. Chief Burch respectfully requested that the amount of $2,907.52 be made available from the General Fund Contingency for the purchase of these radios. He said included in this amount is a 3 percent administrative cost which is added on by HGAC for their services in the acquisition of the radios at the lower price. Councilman Dickens questioned the 3 percent and observed that it was an interesting source of income for HGAC. confirmation on this grant and the equipment. He said it was be in the HGAC office no later Mayor Waller indicated this was merely their administrative fee for service as they are able to effect a lower cost to those entities purchasing through them than these entities could realize purchasing on their own due to the fact that they purchase in bulk quantities for many agencies. He said the cost savings to the City is more than 3 percent. LEAA Polygraph Instrument and Chair Grant Gail Burch then advised the Council that hebecame aware of supplemental funds which would be available in 1979, primarily for equipment procurement through LEAA funds and HGAC. He said a grant request was placed for a polygraph instrument and chair for $2,935, which also requires a 25 percent cash -match from the City in the amount of $821. He said also that since this request was placed after October, 1978, it was not budgeted in this fiscal year's budget. Chief Burch then respectfully requested that these funds, in the amount of $821.00 be made available by the City Council, from the General Fund Contingency (Balance there is $106,000). The Chief advised the Council that i' gation. He indicated the Police Division at present has a license polygraph operator for this instrument. He said the closest polygraph operator is in Houston at the Texas Department of Public Safety Regional Headquarters. Chief Burch said scheduling is very difficult because of other agencies in and around Houston. The Huntsville operator, he said, will be available to all law enforcement agencies in this area. Councilwoman King moved to award the funds for the purchase or cashmatch for the radios and the polygraph instrument and chair, to be purchased from the General Fund Contingency. Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. A total of $3.827.52 was awarded from General Fund Contingency for the Police Division's cash matching requirements. CONSIDER TRANSFER OF FUNDS TO FINANCE THE WATER LINE TO THE NEW HIGH SCHOOL Councilman Di:ck.ens concurred with. the. Mayor and wondered just what kind of power the City would have under a declared emergency- s:i;tuati;on., He. felt the. City should at least have some- kind of contingency plan Councilman Dowling agreed with. Dick.ens:. Re suggested the: City do some. information gathering and that perhaps the Police Department, hieing open 24 hours a day-, could maintain some. sort of scheduling information --as to who is open and who is not. Fre also said the City should encourage people to walk more or ride their bicycles to and fro to save on the gasoline supplies. Councilwoman Monday felt the. City would get cooperation in energy conservation as she has already seen conservation measures underway regarding air conditioning. She disagreed with Dr. Dowling as she did not believe the Police Station is where she would want all the gasoline calls to be going. If there were an emergengy, she said, she felt their lines should be open. She felt some sort of coordinating board consisting of the Chamber of Commerce and perhaps someone w.i:th. the City. Mayor Waller suggested too that perhaps the news media could inform the citizenry of hours of operation of the various service stations and perhaps the City could monitor this so that there. is a centralized source of this information. Jack. Nichols indicated he would be glad to put this information on the air hourly, but could not accept calls at the station. The general consensus was one of concern. --there was the feeling that the City should take some coordinating position for the benefit of all concerned. The City Manager was asked to work up a plan for energy conservation and to gather whatever information he could regarding the gasoline shortage and perhaps to institute some type of organized local effort that would be helpful. McAlister indicated the City's departments were presently studying gasoline saving measures such as motor- cycles in the police department, police stationed at various points in the city rather than the moving surveil- lance, etc. Mayor Waller asked the City Manager to provide the Council with an energy report outlining what our plans for conservation are, recommendations for air conditioning temperatures, and any other suggestions and recom- mendations. Mayor Waller recommended to the Council that the City suspend the bidding process by declaring the instal- lation of the water line to the new high school to be an emergency. He said it would be necessary for the City to purchase the materials from the Water and Sewer Contingency Fund and to negotiate a contract with the best available source for installation. He said the city should make contact with _contractors i.n town at,present who are installing the long range surface water supply and whatever sources might be available. He said the need is to do this as rapidly as possible so that water to service the school is available as soon as practicable He said the School Administration has indicated the critical need for this service within about two weeks. By declaring this an emergency, we will be able to dispense with the bidding requirements and perhaps have this water to them. The entire project cost would be upon the City, he said. Councilman Dickens asked if other people would be tapping onto this line. Jim McAlister indicated it would be possible. John Joerns indicated there are no existing structures that would tap onto the line. It was noted this would be a permanent line, unlike the sewer line to the school. Delora King noted the cost to the City to fund this water line would be approximately $12,000. Jim McAliste indicated 60 percent would be for material costs and 40 percent would be labor. Delora King moved to declare this situation an emergency, thereby forgoing the bidding requirements, and to fund the project from the City's Water and Sewer Contingency Fund and to negotiate the installation with local contractors. Councilwoman Monday seconded the motion. Councilman Dickens wished to be recorded as voting "NO" or "AGAINST" the motion. All others present voted for the motion and the motion passed. Mayor Waller indicated she City would purchase materials and negotiate with a contractor to install the line at a cost of approximately :$12,000. Councilman Dickens explained his "no" vote came about because he feels that the construction of the high school in the location where it is being built, without available water and sewer, was not a very good decision. He said, however, he appreciates the fact that the City has declared it an emergency and will provide the water to the site; however, he could not condone the choice of the area and the eventual expense to the City because of the location. Mayor Waller indicated the land the school purchased on that site cost approximately $2,300 per acre. He said there is no land anywhere in the periphery of the city limits where land could be bought in that size (90 some acres) for $2,300 per acre, that would have had water and sewer available to it. He said water and sewer is nothing more than a capital cost that 'should be added to the cost of the land, as it were; however, the sewer is being handled in that matter, but the water is not. ADMINISTRATIVE REPORTS --JIM MCALISTER Consider members for appointment to the Library Board Morris I. Waller indicated Mrs. D'Anne Crews and Mrs. Helen Vance were rotating off of .the Library Board, havirgserved a full three years. He then nominated Mrs. Elizabeth Andrews and Mrs. Iris Kennedy to fill the positions for the next three years. It was noted the other members of the Library Board are as follows: Laurel Rolling Dr. A. J. Koinm Mrs. Juanita Lynch. Dr. Thomas Satre July 1, 1980 July 1, 1980 July 1, 1981 July 1, 1981 Councilman Dickens moved to accept the Mayor's nominations and Councilwoman in favor and the motion passed unanimously. Consider members of appointment to the Huntsville Housing Authority Mayor Waller indicated he was not yet ready to make these appointments and then deferred any action until the next formal meeting of the Council, July 16, 1979 (Monday). indicated those present from Easley Circle may wish to address the Council. A resident then did respond by requesting that until the City can pave the road that they could at least grade it. Mayor Waller asked Mr. Pipes to have a grader there in the morning. The Council then adjourned into an Executive Session to discuss legal, real estate and personnel matters. Paving of Easley Circle. Noted Frank and Janet Fair in the audience and advised the Council that their interest is in the paving of Easley Circle. He told those present that the rains of early last month have prevented the progress of the pavingprogram and the staff has been extremely busy in providing the new utilities to the high school and hospital. He indicated in spite of the delays, he hoped the City could complete some of the work on schedule and that a status report would 6.e. forthcoming next week. as to how; we are progressing on some of the street work. Jim McAlister introduced his new bride, Saundra, his mother, Mrs. McAlister, and Kerry Lee McAlister, his daughter. Mayor Waller expressed hiS concern about the difficulties local residents are undergoing because of the gasoline shortage problems in Huntsville. He wondered if it would be appropriate for the City to assume some type of coordinating effort in this regard so that we might inventory with the gas dealers the availability of petroleum products or perhaps be a coordinating entity in determining a puhlic information source for when stations are going to be open. Ruth DeShaw, City Secretary June 19, 1979 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING, HELD ON THE 26TH DAY OF JUNE, A.D., 1979 IN THE CITY HALL COUNCI CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. The Council met in regular session with the following members present: Morris I. Waller, Mayor E. Larry Dickens Jerry L. Dowling Delora King Goree McGlothen Jane Monday Murray A.. Brown Larry Corley William Hodes. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 10TH DAY OF JULY, 1979 IN CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNT OF WALKER, TEXAS The Council met in regular. session with th.e following members present: Morris I. Waller, Mayor Murray A. Brown E. Larry Dickens: Jerry Dowling Bill Hodges Delora King Goree McGlothen Jane. Monday THE CITY HALL AT 7:00 P.M. The meeting was called to order by the Honorable Morris I. Waller. The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman Hodges. CONSIDER RESOLUTION NO. 79-8 FOR THE NORTH HUNTSVILLE SEWER PLANT Jack Haney presented a Resolution required by the Texas Department of Water Resources in which grant applicants provide for th.e repayment by the industrial users of the treatment works, of that portion of the Federal Grant which is allocable to the construction of facilities for treatment of waste from those users. The Resolution specifically stated "that at the present time, the City of Huntsville has no industry served by the City of Huntsville Wastewater Treatment facility; however, the City of Huntsville will require that any industrial user connecting to the wastewater treatment facility of the City of Huntsville in the future during the applicable industrial costs recovery, will be required to pay back its fair share of the appropriate Federal Grant Monies, in accordance with Title 40 CFT sub -part E. After the introduction of this Resolution and brief explanation by Mayor Waller, Councilman Dickens moved to adopt Resolution No. 79-8 as presented and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meetings to the Council for their consideration (June 19 and June 26). Councilwoman King noted that on the first page of the June 19 minutes, in the discussion of a correction of the May 29, 1979 meeting minutes, Councilwoman King is listed as having requested the cor- rection when it should have listed Councilwoman Monday as having noted the correction. With this correction made, Councilwoman King then accepted the minutes and Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BID FOR TRAFFIC SIGNALIZATIONOF 11TH STREET AND NORMAL PARK AND SAM HOUSTON AVENUE AT 19TH STREET Jim McAlister, City Manager, indicated that Councilman Dickens requested that this subject be placed on the agenda tonight so that the matter could be finally resolved. Mr. McAlister then presented the lone bid received on July 3 as follows: ADJOURNMENT There being no further business of the council on the agenda, the council then adjourned into an executive session to discuss personnel, legal and real estate matters. Ruth 'DeShaw, City Secretary June 26, 1979 Alternate #1 being the traffic signal system for llth and Normal Park; and Alternate #2 being the traffic signal system for 19th and Sam Houstion Avenue. McAlister indicated that by comparison, bids which were opened on May 9 for the combined project (both signalizations for one price), are as follows: Baytown Electric Corporation Stateside Signal & Electrical The alternate bid here was for the installation of a new controller at llth and Normal Park, as opposed to the repairing and adding of accessories to an existing controller owned by the City, McAlister said. McAlister said that in a meeting between himself, Charles Tackett, Chief of the University Police Department; and staff personnel, John Joerns, Gail Burch and Wayne Neumann, these signalization projects were reviewed and considered in detail. The meeting revealed that pedestrian traffic has dimished with the relocation of the Criminal Justice Center from the Woods Building to its new facility; that according to a Lockwood, Andrews and Newnam study, the intersection of 19th and Sam Houston averaged 42 pedestrians an hour during the eight highest hours surveyed in a three day study --or less than 336 pedestrians cross at this intersection in eight hours verse 12,000 to 15,000 vehicles in a 24 hour period; that a survey of the number of accidents at signalized intersectio showed more accidents at signal installations than at non -signalized intersections; that there would be diffi- culties in interconnecting the timing sequences at 19th Street with the 17th and 20th Street signals; that these two intersections were not recognized in the LAN traffic study as being priority intersections. It was the staff's recommendation, due to the above, that signalization of these two intersections "is neither warranted nor justified at this time." The staff recommended to the Council that the City adopt the priority listing of high accident intersections as identified in the LAN study and channel its resources to those problem areas first. Councilmember Dowling noted the City tends to have studies done and then sort of ignores the studies and do what the Council wants to do, which he felt was perhaps not very good management. He then reviewed the top 15 locations as outlined by LAN and found he had difficulty identifying any one of these that the City could do much about in the way of reducing hazard. He said although he is all for following the study recommendation, he asked what can we rationally do. City Manager Jim McAlister indicated in the forthcoming final copy of the LAN report, specific steps are outlined for the City's consideration regarding alleviating the problems at these locations. Councilmember Dowling also noted the criteria are derived from actual accidents at these locations and not from the near -accidents, which unfortunately, go unreported in most instances. He felt uncomfortable with the existing data, to make these recommendations on signalization. Councilman McGlothen emphasized the severe problems at the llth Street and Sycamore Intersection and felt it deserved top consideration since lives have actually been lost at this intersection. Councilman Hodges indicated that of the two intersections being discussed this evening, he favored the installation of the signalization devices at the intersection of llth Street and Normal Park. Councilman Hodges indicated he would like to postpone Sam Houston and 19th Street signalization until next year's budget. He felt the llth Street/Normal Park intersection was a much more important one as far as moving people and cars seven days a week, 365 days per year. He said this is not a part-time intersection, but rather a full-time, very busy intersection. Jane Monday then presented some specific information relative to traffic flow in the area of Forest Hills, Forest Gate Apartments, Sleepy Hollow and the White.Additi.on- etc., for a combined flow of some 1,100 automobiles descending upon the llth and Normal Park intersection for dispersement throughout the city. She discussed the other outlets available and elaborated on their deficiences and problems. She stressed the importance of this intersection now and in the future with the increased traffic flows anticipated due to the opening of the new high school on FM 2821, just north of the city. She felt the Council should signalize this intersection as it ..' . •... - -. .. he escalatin. prices in that the last cost estimate came in at approximately $16,000 ---and it is now $25,500. She cautioned that if the City waits another three years, will it be looking at a cost of $45,000 to do this work? Councilman Brown agreed with Councilwoman Monday in that he felt this was the most important intersection and it deserved signalization. He said he happened to live near the other one (Sam Houston and 19th Street) and he said he didn't have much trouble with this intersection due to the fact that there are traffic lights at 17th and 20th Street to slow traffic intermittently and he has been able to turn on and off at this intersection as well as walk across there for 14 years without getting hit. If one were going to be placed anywhere near there, he said he would rather see it be placed at 22nd Street and Sam Houston, which he felt was a much busier inter- section and a more difficult one to negotiate. Councilman Dowling interjected there is also a speed problem through there. Councilman Brown also said traffic on llth Street is also much faster through the Normal Park intersection and it is somewhat of a blind intersection. Councilman McGlothen again emphasized the impact of the new high school traffic will have on the intersectio of llth Street and Sycamore. He said if Council forgets about this intersection, they will be doing the tax- payers a grave injustice. He said that although .he would vote for the llth Street and Normal Park intersection for signalization, he wanted Council to consider the Sycamore and llth Street location seriously and not just drop it from the list. He said he has had to help move a 13 year old child from this intersection who had been killed in it and reported another serious accident to a Huntsville woman's leg caused by collision within the intersection. Councilwoman King said she would like to see a traffic study (final LAN report) prior to taking any action. She felt the loop, carpooling, and limited gas supplies will have a definite impact on the traffic patterns. In order to expedite matters, Councilman Dickens moved that the Council award the bid to Baytown Electric Corporation for signalizati.on of Alternate No. 1 (Normal Park and llth Street) in the amount of $25,500 to be funded by certificates of obligation on or before six months. Council ,Hodges seconded the motion. Councilwoman King voted AGAINST the motion, contending that no action should be taken prior to receiving the final traffic study conducted by Lockwood, Andrews, and Newnam. All other Councilmembers present voted for the motion. The motion passed. Mayor Waller noted the severity of the pedestrian problem at 19th and Sam Houston Avenue. He noted the pro- blem may not merit the expenditure of $33,800, but then questioned what is the value of a life. Councilmembers Monday and Dowling suggested the alternative of making it a right turn only off of 19th Stree Councilwoman King indicated this all ties in with the traffic study and the Council should await the results of i Mayor Waller cautioned the Council not to all become traffic experts and to review the several traffic studies that have been done. Mayor Waller indicated the Sycamore and llth Street intersection would require some $100,000. He said it is the Highway Department's plan to do the work on this intersection. Mayor Waller said the City has had two of their $100,000 grants: one for the signalization of llth Street, and one for the construction of 16th Street. McAlister indicated the Highway Department has a practice of ranking this intersection (Sycamore and llth Street) along with all the other intersections inthe district --ranked in order of number of accidents. Mayor Waller indicated this intersection needs our continued study but with some professional guidance. Councilman Dickens indicated he felt the pedestrian issue fs a very pertinent one at 19th Street and Sam Houston. He said there is a speed problem on Sam Houston which results in a very evident health hazard for the pedestrians and vehicular traffic on 19th Street. He felt the traffic survey (preliminary report) does warrant signalization for Sam Houston and 19th Street. He said he doubted whether any final report would change that preliminary finding. He felt the methodology used for computing intersections for signalization, namely: number of accidents, would prevent any funding by the Highway Department. He said if there is going to be traffic safet, and regulation at Sam Houston and 19th Street, we have to provide it. Councilman Dickens then moved that alternate Number 2 (signalization for Sam Houston and 19th Street), for the bid amount of $33,800, be awarded to Baytown Electric Corporation and that same be paid for through certi- factes of obligation on or before six months. There being no second to the motion on the floor, it therefore failed to carry. Recent Southwestern Bell Rate Request of the city at a phone, the Chief of Police was summoned to aid the citizen. Councilman Dickens expressed his appreciation and commendation to Chief Gail Burch for his expeditious handling of the citizen's problem. Councilman Dickens also recommended that perhaps our trouble call system on weekends be addressed in terms of providing public assistance in some way or another other than in the area of broken water pipes, etc. requested status of this project. McAlister elaborated on the various details and summarized by saying if all goes well, water will be in the lines by the end of next week. Sewer Lines: McAlister indicated he forwarded a proposal to Mance Park, Superintendent of HISD, which would serve as a contract for sewer service offered, as follows: 1. The City will operate and maintain the sewer line, lift station, and all appurtenances on a cost'plus 10 percent basis (as we have with Elkins Lake MUD), including power costs, 2. Or, if the.school wants to deed the City the facility once constructed, providing it can be accepted, then the City will maintain the line as we do all the rest of the system at no cost. The City will own all facilities at the conclusion of the project and abandonment of line, to dispose of and/or use salvaged equipment as needed. The City Manager said the School representatives will study this proposal and advise the City. indicated recent citizen inquires and discussions revealed the need to consider some improvements to Emancipation Park. She reminded the Council that this park is the City's oldest, having an historical marker in place there, and thatit will become more visible in the future, as the city expands and Avenue F is opened and connected to FM 2821. She then presented, in cooperation wi±th Councilman Goree McGlothen, two proposals for the Council's consideration: 1) a proposal outlining the work that needs to be done at the park and the idea of a community work day where volunteers would spend time in the park, cleaning, painting,and generally improving the beauty of the park. Estimated expenditures for some of the suggested improvemenlis are as follows: Emancipation Park Advisory Board Jim McAlister presented a memorandum from the Texas Municipal League advising the City of a prehearing con- ference at 9:00 A.M. on June 13. Since several cities have indicated an interest in intervening in the Bell case on a collective basis, the TML has invited representatives from all the communities served by Bell to assemble in Austin on the afternoon of Friday, July 13, to discuss what, if any, role the cities should play in the current proceeding. The meeting to convene at 4:30 P.M. that day in Room 3.107, LBJ School, University of Texas Campus, with adjournment at 5:30 P.M. Councilman Brown indicated he could attend this meeting. The other members of the Council were encouraged to attend the meeting with Dr. Brown. Commendation of Chief Gail Burch noted a citizen had a problem after hours with some dogs. Receiving no assistan through a trouble call listing in the phone book and finding no official a. lighting b. sandbox and planters c. drinking fountain and hose bibs d. swing seats e. backstop Total estimate: $ 50.00 $ 48.00 $385.00 $1,034.69 She then referred to the Master Plan to remind Council of the type of improvemen that have been suggested for the park. Although the bond issue failed, many of concepts can be implemented with a little money and some volufteer labor. suggested an Emancipation Park Advisory Board, which could serve much as the Huntsville Arts Commission now serves, in a coordinating function. He said an eight person commission, working through the Ward_3 Councilman (Mr. McGlothen), and the Parks and Recreation Division, could better coordinate the usage of the building in Emancipation Park, which would perhaps limit the vandalism that has been experienced by groups and individuals requesting the use of the facility and by generating pride in the park and the building. He proposed that reser- vations would coutinue to be kept by the City Hall receptionist, but approval of the requests and review of each reservation would be subject to the Advisory Board. Councilman Hodges Felt both these items should be on next week's agenda. He said with Avenue F opening up, this may be a heavily used park. Mayor Waller indicated this would be the first step toward making Emancipation Park a first class facility. Councilwoman Monday indicated the Parks Department has equipment they'll provide to the work day effort. Goree McGlothen indicated the County Com- missioners have also indicated their interest in helping with some of the grading needs in the park. Councilman McGlothen indicated he would have some sug9ested names for members of the advisory board by next week. Councilman Brown indicated perhaps the Rotarians or Kiwanians would like to make this a work project for their groups. Councilman Dickens asked since this is a public facility, on what grounds would this Advisory Board deny someone the use of the facility. It was suggeste', in jest, that no "known vandals" would be allowed to use the building. Mayor Waller indicated this subject would be brought before the Council again in next week's meeting. CONSIDER RECOMMENDATIONS OF TFIE HUNTSVILLE ARTS COMMISSION Mr. Ralph Lawson of the Huntsville Arts Commission, presented the following proposal to the Council for consideration for funding: Photographic History Project. The proposal was an amended version of one presented to the Council earlier in the year and adopted by Counci April 17, 1979 for funding in the amount of $1,280.00. This work project was contingent on receiving additional funding in the amount of $3,840 from the Texas Committee for the Humanities. This funding was denied. The scope of the project was then scaled down from 1,000 photographs to 500 and the City's funding amount was in- creased. The amended proposal, for Council's consideration tonight, is now as follows: A photographic history project, to reproduce, preserve, and circulate the archival photographs concerned with Huntsville and Walker County. The project will include carefully photographing the remaining early photographs that are contained in public and private collections and making working prints which will later be filed for easy retrieval. Existing equipment at Sam Houston State University will be used. The resulting 500 photographs and negatives will be stored in the University i•rary, avai as e •r be located at the City Public Library for viewing by the public also. A selection will be mounted and displayed for exhibition in the area, illustrating the architectural hertiage of this particular region. Dr. Darryl Patrick will be responsible for arranging for the first public showing of the mounted photographs. He said the necessity exists for the appointment of a Deputy City Secretary in the administrative offices of the City for the purpose of insuring the presence at all times during normal business, hours of a person offically designated to subscribe or attest, issue, or certify, and process various instruments for the City. He said this is to request Council's authorization of Mr. Robert W. Smith, the City's Tax Assessor -Collector, as the Deputy City Secretary, to serve in such capacity. Councilman Corley moved to appoint Robert W. Smith as Deputy City Secretary and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. Labor: 266 hours @ $6.00 per hour Technical Assistant: 60 hours @ $3.00 Materials Total: Less funds previously committed through. HAC -1,280.00 Less funds available in HAC account 75.00 Total funds requested at this time: $1,524.90 Mr. Lawson indicated included in these figures are the costs for providing the duplicate copy of the photographs for the Public Library, which. was another added feature. to the original contract: additional paper: $207; labor, $150, and storage binders: $100. The new total request of the Council for the amended proposal is $1,524.90 which, added to the $1,280.00 committed April 7,1979 and the remaining balance of $75.00, will give the project the $2,879:90 needed to com- plete the photographic history project, Mr. Lawson requested that this $1,500 be taken from next year's allocation. Councilman Brown moved to fund this project in the amount of $1,524.90 and Councilman Hodges seconded the motion. Jim McAlister, City Manager, indicated the source of these funds would be from the Revenue Sharing Fund. All were in favor and the -motion passed unanimously. Mr. Lawson had also provided information regarding proposal number two, which was for two performances by the Fort Worth Symphony on September 24 in the Huntsville Public Schools. The total cost of this project is $2,000, and the proposal was for this amount to be paid equally. between HISD and the City. Mayor Waller indicated HISD through Mr. Gary Collins, Superintendent, indicated they do not have funds available for this purpose or for this type of joint participation. Therefore, the Council also declined to fund this proposal for the entire amount ($2,000). Mayor Waller indicated perhaps next year, when the symphony again comes project may be budgeted. Goals and Objectives of the Huntsville Arts Commission. Ralph Lawson also asked the Council to approve the goals and objectives, as follows. 1. To support, encourage, and nourish an environment for the growth of the broad range of the cultural arts and related humanities in Huntsville, with the aim of integrating such items and activities into the total life of the community. 2. To make recommendations for the responsible and orderly appropriation and distribution of funds for the support of such items and activities, whether they are to be carried out by individuals or by organi- zations. To accept contributions, grants, gifts, and transfers from the private and/or public sectors to support such items and activities. To seek the commitment and cooperation of business, educational institutions, and other organizations and other organizations and individuals in the areas of funding, facilities, program coordination, and media support. CONSIDER UTILITY EXTENSION REQUESTS Mr. McAlister, City Manager, advised the Council Mr. Poindexter's splitplevel house located at 2008 Avenue P haspart of its facilities served by City sewer and the lower portion of the home is not capable of being served by City sewer. He said Dr. Poindexter has requested, along with Mr. Headley, a neighbor, the extension of a main in Avenue Q in an easterly direction to the corner on the Dillion-Headley property and at that point, it would allow access for construction of a service line from Dr. Poi:ndexter's and the Headley property to the main located in 20th Street. The City Manager told the Council if they choose to participate in the cost of the main extension, under the terms. of the Utility Extension Ordinance, the City's share of one-half the cost for the first 300 feet would be $1,434..63, he said Dr. Poindexter and Mr. Headley will share an equal amount, for a total of $2,869.25. Tinsley Enterprises In addition to the Poindexter utility extension, McAlister said the Tinsley Enterprises has requested a utility extension to serve their proposed building on llth Street near L-45. He said there is a six inch main in llth Street but due to the widening of llth Street the water line is under the payment. He said the State Depart- ment of Highways and Public Transportation does not allow pavement cuts unless they are emergency in -nature. Therefore, the nearest source for water is a six inch stub behind the curb line approximately 225 feet away. If the extension is approved, he said, the cost to the city will be $264.38. McAlister also indicated that if the extension is approved, the developer will be responsible for obtaining all easements necessary to construct the line. He said this extension will require easements as there is a sanitary sewer line four feet behind the curb and a nine foot separation must be kept between water and sewer mains. The Water and Sewer Contingency Fund balance is currently $39,859, reported McAlister. Nemec Utility Extension Request McAlister indicated the Council is not being asked to take any action on this request for Jerry Nemec at this time for a utility line on Morgan Lane because the City has discovered there is an easement that needs to be clarified at this location before the line is actually approved for extension. Therefore,he asked Council to table this matter until a subsequent meeting. Award of Utility Extensions Councilman Brown moved to award participation in the two utility extensions (Poindexter and Tinsley) with the stipulation that Hugh Dillon's driveway be bored rather than cut. Councilman Corley second the motion. Dis- cussion ensued and it was noted that Mr. Dillon would also have a manhole in his yard as a result of this project. John Joerns, Director of Community Development, indicated this is necessitated because therein a change in both horizontal and vertical grade at this point (in front of his house). He said the street comes down off a hill and we have to get back on grade with his existing main and there is also a horizontal change -in alignment there. Councilman Hodges indicated he is for both these projects but did not feel the motion should be left that Dillon driveway be bored only, especially if Mr. Dillon is willing to accept a good clean "seam." Councilman Brown in- dicated he would accept that as an amendment to his motion, however, he felt the City should give Mr. Dillon every consideration. It was agreed Mr. Dillon was a victim of something that was really none of his doing as this is not his sewer problem. Councilman Brown then amended his motion to accept and participate in both the Poindexter and Tinsley utility extensions, with the stipulation that Mr. Dillon's driveway be bored unless Mr. Dillon is willing to accept a "cut and seam" approach. Councilman Dowling accept this amendent and seconded it. All were in favor and the motion passed unanimously. Councilman Brown moved to adopt the goals and objectives as presented and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. Revision of the Rotation System for the Huntsville Arts Commission. Mr. Ralph Lawson then requested Council's consideration of a revision of the rotation system, as set out in Resolution No. 78-19 for the com- mission members, from the "the commission and advisory members shall serve for a two year period with overlappin terms," to the following rotation schedule: Ralph Lawson Charles Schmidt LuEllen Gibbs CONSIDER IMPROVEMENTS TO THE TDC LIFT STATION Jim McAlister, City Manager, indicated on November 14, 1978 the City Council approved a transfer of $5,700 from the Water and Sewer Contingency Fund to the Operating Fund for the pruchase of two pumps at the Diagnostic Unit Lift Station. The present estimated cost is $14,700, he said, or an additional $9,000. He said the additio cost includes an additional $6,000 for enlarging the system from a four inch duplex to a six inch duplex system, and approximately $3,000 in labor that was not previously contemplated in the original estimate since at that time, TDC was going to furnish labor for installation. Mr. McAlister indicated the infiltration -inflow study of 1976 prepared for the City indicates average daily flows of 325 GPM, peak daily flows of 710 GPM and wet weather peak flow rates of 1285 GPM. Since the system will be temporary in nature, until the completion of the North Huntsville Sewer System, he recommended installation of two six inch pumps and appurtenances capable of a one pump operation of 850 GPM at 67 feet TDH* and a two pump operation capable of 1100 GPM. Mayor Waller indicated this lift station, of course, is on TDC property and was designed for them. However, he said when we built the Woods Addition lift station and pumped the effluent over into the TDC lift station, the City began using a large volume of that lift station and took over the maintenance of it. It is now time to increase the size of this lift station at this time to accommodate the additional growth. Councilman Hodges moved to transfer an additional $9,000 from the Water and Sewer Contingency Fund to fund the enlargement of the TDC Lift Station at the Diagnostic Unit. Councilmember Brown seconded this motion. All were in favor and the motion passed unanimously. Councilman Dowling agreed to accept the new rotation schedule and Councilman Hodges seconded All were in favor and the motion passed unanimously. APPOINTMENT OF A DEPUTY CITY SECRETARY Jim, McAlister, City Manager, indicated Section 4.06 of the Huntsville City Charter provides Secretary shall appoint such assistants to him (her) as may be authorized by the Council. CONSIDER IMPROVEMENTS OF EMANCIPATION PARK AREA Jim McAlister, City Manager, indicated this is a joint project between Council members Monday and McGlothen who have made an assessment of the needs of that park. He said they have presented some recommendations to Counci for the appropriation of funds for additional lighting, sandbox and planters, drinking fountain and hose bibs, swing seats and a playground type backstop, for a total of $1,034.69 He said labor is to be provided by in-house city workers and volunteers. He said funds would have to come from either General Fund or Revenue Sharing Contin- gency. *Total dynamic head Councilman McGlothen requested that an additional $500 be allocated to this project, designated for the construction of the planter boxes. This increases the amount of funding to $1,534.69. Director of Internal Services, Patricia Allen, reported the Revenue Sharing Contingency Fund contained $29,000. Councilman Hodges suggested rounding this; amount off to an even $1,500,, Mayor Waller said he felt that would be appropriate. Mayo Waller then commended Counci:lmembers: Monday and McGlothen for their efforts in this matter. Councilmember Monday moved to award $1,500 from Revenue. Sharing Contingency for the Emancipation Park "Facelift," and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. Councilmember Monday reminded those present the community picnic and work day at Emancipation Park is set for Saturday, July 28, 1979 from 8:00 A.M. until 1:00 P.M. BUSINESS OF THE CITY ATTORNEY --JACK HANEY MINUTES OF THE-HUNTSVILLE CI:TY COUNCIL MEETING HELD ON THE 24TH DAY OF JULY, CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, WALKER COUNTY, The Council met 1n regular s:essi:on with. the following members present: Morris. I:. Waller, Mayor Murray A. Brown E. Larry Dickens Jerry L. Dowling William Hodges Delora King Goree. McGloth.en Jane. Monday -Consider Ordinances for the. Issuance of Certificates of Obligati:on for Various Equipment im 'c ister exp a ine' . a .is 1 em • : - • • - - • is eveni g ' ue o an oversig person at th.eHuntsville Item in not running the full text of the legal notice which indicated the date and time for th.eissuance' Of -the ordinances authorizing the certificates of obligation. Therefore, legally, the Council cannot act on this item and it will be readvertised and scheduled for action at 7:00 P.M. on July 24, 1979. McAlis:ter presented a written explanation from Mr. Steve Balke, Advertising Director of the Huntsville Item, in- dicating the notices would run again on July 15 and -July 22. ADMINISTRATIVE REPORTS -•-JIM MCALISTER The meeting was called to order by the. Honorable Morris I. Waller, Mayor. The invocation was given by Councilman Goree McGlothen. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting to the Council for their consideration. Councilman Brown moved to adopt the minutes of the July 16, 1979 Council Meeting and Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. Board of Equalization Notices from School ATTENDING CITIZENS Jim McAlister presented a memorandum advising Council that hertofore HISD and the City have both used a value said to be 50 percent of market value for the assessment of property for taxes. He said S.B. 621 (the Peveto Bill eli:minates the assessment ratio no later than January 1, 1981. He said in discussing this mandate with Buddy Dodd the. School Tax Assessor, Mr. Robert W. Smith, the City's Tax Assessor -Collector agreed that while a tax increase will not necessarily be the result of the change in ratio, it is likely. Therefore, McAlister indicated, it is our opinion that the school and City should stagger the increase so as not to burden the taxpayer with one large increase, but rather two small ones. He said the method we agreed upon was for the school to eliminate the ratio for the 1979 tax roll, and the City to go to 100 percent for the 1980 tax roll. He said notices sent to the taxpayers by the school are not a legal requirement, but court cases seem to indicate that a notice should be sent when the assessment ratio is changed. PIORRIS I. WALLER, MAYOR'S REPORT -Mr. Walter Bibbs to Address the Council Regarding Emancipation Park -Huntsville Housing Authority Appointments Mayor Waller deferred consideration of these appointments until a later date. Consider Appointment of a Councilmember to serve on the Firemen's Relief and Retirement Fund Mr. Bibbs, representing 400 concerned citizens about the violence and lack of restroom facilities at Emancipation Park. He said these conditions are the cause for many families avoiding the park. He said a shoot-out approximately one month ago, in which a man shooting a 350 Magnum at another fellow, caused the bullet to go through three walls in a neighboring home, occupied at the time by a mother with her five children, who all fortunately escaped injury. He related continuous acts of violence in Emancipation Park. He said many of these 400 persons pledged more than $800 to purchase playground equipment for the park as well as garbage con- tainers. He said the fact that thereare no bathroom facilities there hinders family outings as family members have to either resort to the bushes or go home early. He said there is no park supervision and this is why we have all of the violence. He felt a security person to maintain the grounds and the buildings would be bene- ficial and he could then report to the police any disturbances. Mayor Waller thanked Mr. Bibbs for calling these matters to the City Council's attention and he advised Mr. Bibbs this would be taken up i:n the work session to follow. Mayor Waller then appointed Councilmember Larry Corley to serve on the Firemen's Relief and Retirement Fund Board. McAlister indicated the Fire Department entered the State Pension System on January 1 of this year. He said one of the requirements of the law is that there be a local Board of Trustees. He said this Board is to consist of five firemen, one representative from the governing body and two taxpaying voters chosen by the other members of the board. Mr. Corley was recommended to serve in this capacity by the Fire Department. Councilman Brown moved to accept the Mayor's appointment of Councilmember Corley to the Board of Trustees an Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. Emancipation Park Security commended the Police Department for their excellent security they have provided at the Emancipation Park area. He said they have done a wonderful job and he would like for it to continue. PLANNING COMMISSION CHAIRMAN OR HIS REPRESENTATIVE TO PRESENT. PLANNING COMMISSION MINUTES TO THE COUNCIL John Joerns, Director of Community Development, representing the Chairman of the City's Planning Commission Mr. Curtis Morris, summarized the minutes of the Planning Commission's meeting of July 17, 1979. The first item of business, Mr. Joerns stated, was a request for a variance by M.B. Etheredge at the Spring Lake Subdivision. He said the Planning Commission heard the variance request which basically was permission to extend a sanitary sewer to service a home that had been started in February of this year. He said the variance was granted on a condition that no more lots be sold or no more additional development occur in the areas of the Spring Lake Subdivision within the City's extraterritorial jurisdiction until a plat has been brought forward to the Planning Commission. The second and final item of business, Mr. Joerns reported, was the item of Council charges to the Planning Commission. The first area of study charged to the Planning Commission was Annexation, the second being Land Use Tools, and the third being Utility Extensions, He said after a general discussion of these items, the Chairman appointed three committees, composed of three members on each committee to prepare a report in response within a 90 day period. HISD High School Water Line asked the status of the water line to the school. McAlister indicated as of this morning the line lacked about 30 feet from being complete. He said the TRA 30" line (that the City's 12 inch line will tie into) is not going to be complete and ready for testing until some time next week therefore, the City's contractor is going to haul water to the site to test our line and we'll be ready to go by the end of this week. Boyd Wilder, Director of Public Utilities, indicated the TRA line will prob- ably take a week to a week and one-half, if there are no.problems. Council then adjourned for a brief intermission prior to their scheduled short Executive Session. BUSINESS OF THE CITY ATTORNEY --JACK HANEY Mr. Haney then presented Ordinances numbered No. 79-9 and 79-10. The first ordinance confirms the accept- ance of certain bids, and the caption of which is as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CONFIRMING THE ACCEPTANCE OR CERTAIN BIDS, FOR THE PURCHASE OF EQUIPMENT AND DETERMINING A NECESSITY THAT PAYMENT OF THE PURCHASE PRICE FOR SUCH EQUIPMENT SHALL BE BY CERTIFICATE OF OBLIGATION, DETERMINING THAT NOTICE HAS BEEN PUBLISHED AS REQUIRED OF THE INTENTIONS TO ISSUE SUCH CERTIFICATES OF OBLIGATION, AND OTHERWISE CONFIRMING AND AUTHORIZING THE METHOD OF PAYMENT FOR SUCH EQUIPMENT. Mr. Haney indicated the City of Huntsville has advertised and accepted bids 'for the purchase of the equipment: 5 mobile radios 4 portable radios, repeater base station and 35 dash mounted mobile units (25 watt Maxar) $187649,09. $ 87637.00 $1:8,649.00 $ 87637.00 Mr. Waller expressed his objection to this type of situation whereby the cities intervene in a rate hearing before the Public Utility Commission when we, as rate payers throughout the state of Texas, allocate some six million dollars to the budget of the Public Utility Commission for the very purpose of adjudicating the fairness of rates. They, he said, with a staff of some 300 people in the rate department should be able themselves to determine a fair rate for Southwestern Bell, Gulf States, etc. He said somehow he feels the Public Utility Com- mission is not doing its job if a group of.cities has to put together some $200,000 to be represented before the Commission and present their views of what a rate should be. He felt this was an incongruous situation. Mr. Hodges reflected that the City has passed along Its rate making authority to the PUC as regards Gulf States Utilities and he felt perhaps there was some inconsistency here in spending additional funds to fight the Southwestern Bell rate increase. He asked the City Manager just what is the function of the Texas Municipal League. Jim McAlister indicated the TML is an association of Texas cities and he said there are about 1,000 incor- porated cities in the state. He said the TML serves as a gathering point for cities who have a cause like this one and that is of interest to a majority or a select group of cities. They serve as a focal point where cities can •ather to discuss these •roblems. The are funded b dues from th' Functions of TML and PUC --An Update McAlister indicated the TML also asked us to join in the suit regarding the GSU rate increase, but the Counc had already taken action to transfer this case to the Public Utility Commission and to go by their ruling. The motion having been made and seconded, the Mayor then called for a vote. All were in favor of the motion made by Dickens and seconded by Monday EXCEPT Councilmembers Dowling and.Hodges, who voted OPPOSED. The motion, however, passed. BUSINESS OF THE CITY ATTORNEY --JACK HANEY Consider Ordinance Regarding GSU Rate Hike Request Jack Haney indicated this Ordinance formalizes the motion made by the Council on July 16 to transfer the study to the Public Utility Commission. He then read the caption of the Ordinance, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AUTHORIZING GULF STATES UTILITIES COMPANY TO PLACE INTO EFFECT THE SAME SCHEDULE OF RATES OR TARIFF AS IS APPROVED, ACCEPTED, OR PROVIDED FOR BY THE PUBLIC UTILITY COMMISSION OF TEXAS IN ITS FINAL ORDER IN ITS DOCKET NO. 2677, OR THE SAME SCHEDULE OF RATES OR TARIFF AS IS APPROVED, ACCEPTED, AFFIRMED, ORDERED, OR PROVIDED FOR BY ANY COURT HAVING APPELLATE JURISDICTION OF THE COMMISSION'S FINAL ORDER IN DOCKET NO. 2677, AND PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES OR TARIFF. requested that perhaps in an upcoming worksession, a representative of the Texas Municipal League could address the council regarding the role of the TML and their view of the Public Utility Commission and also to orient. the Council as to the events taking place since the PUC's utility regulation and where cities, such as Huntsville, fit into all that. Jim McAlister indicated the TML has a field representative who periodically calls upon cities to determine what information and assistance is needed in various areas. He said TML has a much broader function than in just serving as the focal point for . legislative representative and as a clearinghouse of information, they conduct major studies into problem areas and perform many good and valuable functions. He indicated he could ask the TML representative next time he is here if he could address the Council in this regard. Cancellation and Rescheduling of Emancipation Park Clean Up Day indicated due to the inclement weather conditions, the Emancipation Park Clean Up Day for Saturday, the 31st, had to be postponed. She said, however, the work day has been rescheduled for Saturday morning from 8:00 a.m. until 12:00 noon on August 7, 1979. Line Being Place in Ground Along Sycamore --Surface Water Line Councilman Dowling moved to adopt Ordinance No. 79-11 and Councilman Brown seconded the motion. All favor and the motion passed unanimously. ADMINISTRATIVE REPORTS --JIM MCALISTER inquired what type of line was being installed along Sycamore. Mr. Waller indicated this is the 30" water main coming in from the Trinity River as part of the City's surface water;supply project, and leads to the three million ground storage tank. The Council reconvened in an Executive Session after a ten minute recess. Status of 30" Water Line (Surface Water Project) and High School's 12" Line Jim McAlister indicated the contractors have found a leak in the 30" line and could not have their test; however, the lineisintheprocess:of being repaired at this time. McAlister indicated the City's testing of the High School's 12 inch line cannot be done until the 30" line is completed. Mr. Albert Hall, the TRA's in-house engineer, told the Council the east loop 30 inch water line, terminating at FM 2821 next to the high school, is loaded with water for testing. He said the leak was at flanges and the bolts have been tightened at the flanges and another test will be performed in the morning for pressure. He said if this test proves satisfactory in the morning, the line can be chlorinated and activated within a day or two. Status of High School Sewer Line Although Mr. Boyd Wilder, Director of Public Utilities, had been out of town attending a school, he advised the Council of the information he had regarding the sewer line. He said he talked with Mr. Oscar Thorne of HISD yesterday and he indicated the contractoris on site and started on the force main and that the pumps for the lift station are on the way. McAlister indicated the City gave the HISD two options: 1) that the School would design and build the line and we (City) would inspect it and the HISD would own the line and contract with the City for any and all labor, maintenance and operations, including power of the system. The City could provide all labor and replacement equipment (if needed) at cost, to HISD, plus 10 percent and the City will be solely responsible for hod and when the system is operated and maintained; 2) HISD will design and build this sewer system according to the City's plans and specifications and deed all of the system to the City and the City will forever thereafter own, operate and maintain the system at no cost to HISD for the life of this temporary system. He said HISD has accepted option No. 2 and will deed that facility over to the City after completion. He said at this point, the city is waiting for their contractor to complete the job. MORRIS I. WALLER-MAYOR`S REPORT Walker County Fair Association Supporters Mr. Waller again thanked the members of the Walker County Fair Association for appearing here this evening and to reassure them that the City Government is anxious to accommodate the needs of the Walker County Fair to the best mutual interest of both. the Walker County Fair and the City of Huntsville. He indicated the Council would meet with Mr. Buddy Smith in Executive Session to di.scusss further details of what might be in both our best interests. Ruth DeShaw, City Secretary July 31, 1979 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF AUGUST, 1979, IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS AT 6:30 P.M. The Council met in regular session with the following members present: Morris I. Waller, Mayor Murray A. Brown Larry Corley E. Larry Dickens Jerry L. Dowling William Hodges Delora King Goree McGlothen Jane Monday CONSIDER UTILITY EXTENSION FOR McMURRAY/HUGHES City Manager, Jim McAlister, indicated he was going to table this item as there had not been ample time to discuss the cost of the utility line extension with McMurray/Hughes. McAlister indicated he has been in touch with Mr. Threadgill and it is also his feeling that the cost of extending the line to the point in question might be prohibitive for the company. McAlister indicated they wish to wait and give it further consideration. CONSIDER ADDITIONAL EMPLOYEE POSITION IN PUBLIC SERVICES DEPARTMENT Mr. McAlister then indicated that each year there is a loss of people in the Sanitation Department due to vacations, time=oft,:- -and that traditionally these positions are filled by utilizing our roll -off container man. However, he said, we now have all ten of our large containers placed and it has really become a full-time job and is difficult to cover for those men who are on vacation. He said we have sufficient funds in the budget and would like for the Council to authorize us an additional employee in the Sanitation Department for the balance of this fiscal year so that we can take care of the vacation overlap. He said there would be no additional expendi- ture of funds. The meeting was called to order by t e 'onorae 'orris . Councilman Murray A. Brown. Counci man rown move• to ire an a••itiona emporary emp oyee in t e anitation Iepartment. Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous meeting to the Council for their consideration. Councilwoman Delora King moved to adopt the minutes of the July 31, 1979 Council meeting and Councilman Larry Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER PROCLAMATION OF COMMENDATION --HEAP DIVISION --MORRIS I. WALLER Morris I. Waller then read the Proclamation in honor of the outstanding summer the City had with the Huntsville Enrichment Activities Program (HEAP). He said he felt, without a doubt, that all of us will testify that this was one of the most successful programs the City has ever had. Mr. Waller then read the Proclamation and recognized a few of the entities and individuals that so willingly extended a hand in producing this very worthwhile function to the citizens of this community. Some of these entities were: Huntsville Independent School District Kiwanis Club of Huntsville -Morning Club Huntsville Item KSAM Radio Station American Bank Chamber of Commerce McDonalds Amenity Dance Theater Sam Houston State University Junior Service League The Hive First National Bank Huntsville National Bank Schindler's Wide World of Sp Modern Dance Studio Super Sax Jazz Group CONSIDER KURTZ/ADDISON DRAINAGE PROBLEM Jim McAlister, City Manager, informed the Mayor and City Council that there has been some late development on this problem and that a few of the city staff personnel have discovered that the problem really goes beyond the Kurtz/Addison property and extends on to North Avenue P. He felt it would be ill-advised just to address a portion of the drainage problem and felt a more complete study and cost estimate should be developed on this project and be brought back to the Council at a future date. He indicated a previous figure to solve this pro- blem as it was thought to exist would cost $3,400 for materials; however, it has expanded beyond that scope at this time. He said the City needs additional time to complete its evaluation and bring further recommendations. Special congratulations for a very outstanding job were extended to Linda Pease and the group that assisted her in the organizational effort that really put together the core of this organization. Mayor Waller commended Linda Pease for her efforts in this regard. CONSIDER RECOMMENDATIONS -UPDATE OF PLANNING COMMISSION ACTIVITIES CONSIDER PARTICIPATION IN THE U. S. STEEL LAWSUIT REGARDING CITY SALES TAX Jim McAlister then reported that on December 6, 1978, the U.S. Steel Corporation filed a suit in Travis County District Court, asking the Court to find Texas City Sales Tax unconstitutional. Recognizing the serious- ness of this matter, the TML Board of Directors has initiated action to insure that the cities are properly represented in the U.S. Steel case. Accordingly, working through the Texas City Attorney's Association, the League has retained the firm of Fulbright & Jaworski of Houston to prepare the cities' answer to the U.S. Steel allegations. The Texas Attorney General will defend the State's case in court and the TML lawyers will assist. In order'. to handle the expenses of this case, the League has asked that cities who can and will participate, contribute .0005 percent of their total Revenue Sharing funds to this endeavor. It will cost the City of Huntsville $340.96 and since we are talking about city sales tax revenue in excess of $880,000 for us, it represents 29% of our tot. revenues in the General Fund. He said he feels itis in the City's best interest to join in this suit and work this thing through to protect that, because, he said, we have to increase taxes by 29 percent or cut services by 29 percent, which could cause a great deal of pain to all of us. Wayne Neumann reported that the Planning Commission met on Monday night August 13, 1979 at 7:00 P.M. at City Hall. The Planning Commission agreed to forward to Council a staff recommendation that the entire street form 7th Street to FM 2821 be named Smith Hill, as the first item of business. The second item was the Chair- man's business in which he asked for reports form subcommittees. The annexation Committee reported that they were moving ahead and in the deliberation; they are trying to develop recommendations so that a racial and economic balance can be maintained. The Land Use Subcommittee reported that they are concerned with being overly restricted or under -restricted. Also, they were concerned with not creating more problems than solutions or in creating more problems than solutions. Mr. Neumann said another meeting of the Land Use Subcommittee is scheduled for the 27th of August, and the staff will be in attendance. He said the Utility Extension Committee will meet this week to consider some staff material. In the member action category of the agenda, there was a discussion of the one or five mile extraterritoria jurisdiction (ETJ) controversy, as well as one concerned whether the Subdivision Ordinance is an enforceable document because of the way it is worded. The Commission agreed to draft any needed changes and then forward them to the Council. The next regularly scheduled meeting of the Planning Commission is set for September 10, 1979, Neumann reported. Councilman Dickens asked for a clarification. He has read some information relative to the Planning Commission's meeting wherein Commission Member Green is quoted as saying that the City really doesn't have a Subdivision Ordinance and that the City Council probably doesn't even know that. What is it that I don't know anything about, he questioned? Jim McAlister, City Manager, then responded by saying that Mr. Haney could probably speak to it better than he, but said there is a provision in the ordinance in the definition section which states that any piece of ground that has already been subdivided really does not come under the perview of the Subdivision Ordinance. This is probably a grandfather clause, he said, and he surmised that theoretically, every piece of ground in the state or nation has been subdivided at one time or another. Mayor Waller indicated the Subdivision Ordinance has been in existence now for about ten years. He said it was drafted by Bernard Johnson, Inc.'s legal staff and the City's former City Attorney, Martin Colley. McAliste indicated it is merely a definition that needs to be clarified. He said it has a separability clause so that if any portion of the ordinance is found to be illegal, unlawful or unconstitutional, that does not affect the balance of the ordinance. He said there is no doubt in his mind that the ordinance is sound and valid. Councilman Dickens encouraged an immediate clarification. Mayor Waller indicated the Council would give the designation of Smith Hill further consideration. CONSIDER FIRE SERVICES OUTSIDE THE CITY LIMITS Mr. McAlister indicated that a number of years ago, when the City received the No. 8 fire defense truck, the Council adopted a policy that this truck should remain in the City at all times and be the City's number one fire defense truck. He said that the City does participate with all surrounding cities in a mutual aid program whereby cities get into a situation with a fire which exceeds their ability to contain, and they can call on surrounding cities to respond. He said our position in the past has always been that we would respond with any and all other pieces of equipment with the exception of the newest and first line fire defense. He indicated th. Fire Chief and Marshall, Joe French, has submitted a request to the Council that this policy be reconsidered. Joe French, Fire Chief and Marshal, said that the City's newest pumper, No. 8, a 1973 model, is equipped with a large five inch hose. He said currently, Livingston, Lufkin and Cleveland and several other cities have this hose on order. He said the City assisted the City of Shepherd recently and for a large volume of water to be delivered to Shepherd, it was necessary to lay something like a half mile of hose, instead of laying one large hose likewe.could dowiththe,five inch hose. Instead, he said, they had to lay four two and one-half inch lines, which does not get a lot of pressure andmore manpower is needed in laying it down and picking it up. He said when the other cities get their five inch hose and new pumper trucks, they will respond to our call with their best equipment, and he wanted the discretion to respond 100 percent in times of their needs. He said Pumper 8 would not respond to every mutual aid call, but only to those who requested this truck and the hose. He said he would use his discretion in this regard also. Mr. French indicated the City responded six times to other towns in 1977-1978 and so far this fiscal year, 1978-1979, the City responded four times. He said in 1977-1978, other towns have responded to our calls one time each year. Councilman Brown moved, in view of the Chief's recommendation and assurances, that the restriction on Pumper 8 be rescinded and Councilman McGlothen seconded the motion. It was noted the City Manager remained op- posed to this motion, but he agreed to carry out the Council's wishes in this matter. All other. Council members were in favor of the motion and it therefore passed unanimously. Fire Chief Joe French indicated that in the near future, the City Council would be asked to enter into some sort or Mutual Aid Contract with other towns, basically for insurance reasons, in the event a local fireman loses his life or becomes injured while fighting a fire in another City. Councilman Dickens expressed his support of such a contract and felt that perhaps this sort of vehicle could be used to indicate the type of support (man- power, equipment, hoses, etc.) that the City will offer in mutual aid. Bob Smith, the City's Tax Assessor -Collector, indicated he had published the tax rate for 1979 which would generate the same -amount of money for the general fund as the fund received in 1978. The published rate, he said, was $1.15. In order for the City to maintain the same tax rate as 1978 ($1.20 per $100 assessed value), the council would be required to vote to increase the published rate; with the results of the vote being published in the news- paper on a quarter page ad, and hold a public hearing. The method of calculation and the publications were mandated by the State, he said. The amount required to retire bonds for the year was subtracted, therefore, no bond money would be in danger. According to the law, if the tax rate is to be increased over three percent, a public hearing is required. Councilman Corley moved that the tax rate be increased over the published rate of $1.15 to $1.20 per $100 o assessed value. Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. It was noted that the increase was 4 and 3/10 percent, requiring a public hearing to be held August 21, 1979. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 28TH DAY OF AUGUST, A.D., 1979 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 7:00 P.M. The Council met in regular session with the following members present: .Morris I. Waller, Mayor Larry Corley E. Larry Dickens Jerry Dowling Bill Hodges Delora King Goree McGlothen Jane Monday Murray Brown The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by • asked for an update on the traffic signalization. It was noted that this information would be reviewed at the next worksession. asked how the street program was coming along. It was also noted that this information would be supplied at the next work session. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the meeting of August 14, 1979 to the Council for their con- sideration. Councilman Brown noted that in the listing of those entities being commended for their contri- butions to the HEAP function via the Proclamation passed on the 14th of August, the Kiwanis Club was mentioned. He corrected this entry by advising this entry should read the Kiwanis Morning Club. With this correction so noted, Councilman Corley -moved -to aceept,,thesminutesasprepared<and amended and -Councilwoman Monday seconded the motion:' All were insfavor and.the.motion..passed unanimously. REVENUE SHARING -•-PUBLIC HEARING Mayor Waller then convened the Revenue Sharing Hearing and asked if there was anyone who would like to speak to the Council. He advised that the City of Huntsville will receivean estimated 1979-1980 budget of $358,854. He said in the past, it had been the policy of the Council to extend the vast majority of these dollars to capital improvements for the City of Huntsville, and he anticipated this policy to continue. He then asked Mrs. LuEllen Gibbs, who had requested to speak, to come forward. CONSIDER RESOLUTION NO. 79-8 CERTIFYING THE TAX ROLL FOR 1979 The City's Tax Assessor -Collector, Mr. Bob Smith, informed the Council that the certification of the 1979 tax roll was a routine procedure for the Council in reviewing the work of the Board of Equalization. He said this Board approved a tax roll of $76,553,337 for 1979. 'Councilman Brown moved to adopt Resolution No. 79-8 and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Mrs. Gibbs, a'representative of the Huntsville Arts Commisssion, thanked the Council for the Revenue Sharing monies they were given last year. She indicated she was delighted to hear the Council is pleased with HEAP this year, because she will be asking for a bit more for the coming year. She explained to the Council that their budget last year had been $30,000 and this year they were asking for $37,256; the big increase being for the Stanley Lee mural. Mrs. Gibbs indicated no visuals arts were funded last year. She said there would also be $1,000 increase for the HEAP funding requested and the Community Choral Project will need an increase to $1,791 or $1,800. She indicated they were planning to fund Michael Hale's acrylic painting to fit in with the funding of Darrel Patrick's historical pictures project, which was funded last year. Mr. Waller indicated when the Council develops the budget, this request will be considered. CONSIDER ORDINANCE NO. 79-12 SETTING THE TAX RATE FOR 1979 Mr. Smith then reported that in support of the Council's desire to maintain the 1978 tax rate of $1.20 $100 of assessed value for 1979, the rate split that would be required for 1979 is as follows: General Fund Debt Service Tax Rate Councilman Dowling moved to adopt Ordinance No. 79-12 setting the $1.20 tax rate on $100 of assessed for 1979. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Mr. Joe French, the City's Fire Chief and Fire Marshal, then addressed the Council regarding some needed fire equipment. He passed out a report from the Fire Prevention and Engineering Bureau of Dallas that did 'a study of the City of Huntsville's fire defenses last January. He also presented the Council with the City's five year plan for the Police and Fire Departments. He asked each Council member to study all of these reports and to recognize that the City needs more fire equipment. He said, he said it a year and one-half ago, and he is saying it now. He said a man had to come out of town to tell us six to eight months ago. He said when the State Board of Insurance comes down, as they will -- the last time we were inspected by the State Board of Insurance, which sets the key rate, was in 1971 or 1972 -- we're going to be penalized for certain things that we do not have. In 1980, he said, when the new census is taken, and if we go over 25,000 population, this means that we will need to have three main pumper trucks and one in reserve; however, we only have two pumper trucks and one in reserve now. He said the ladder truck is in very bad condition and needs a major overhaul, costing approximately $85,000. He said these items are not cheap and are in the budget this year; however, he said it would be good to purchase them out of revenue sharing and go ahead and buy them before the costs go "plum -out -of -sight." He said Pumper No. 8 cost $39,000 brand new, loaded with hose, and ready to go; that same truck today costs $95,000. Joe French then asked the City Council to use a major portion of the Revenue Sharing money for improvements in the Fire Department by buying a new fire truck and overhauling the ladder truck, and that these are the two more immediate needs. Mayor Waller indicated the City should consider these items because it needs them, not because of the Stat Board of Insurance and the key rate. He said the Council may wish to fund these pieces of equipment through Certificates of Obligation with some payment from Revenue Sharing, rather than full payment, because the City has so many other needs for Revenue Sharing. Joe French then discussed the key rates in the region and the effect the City's fire defenses have on the setting of key rates. Mayor Waller indicated Chief French's proposal will be considered in the budget preparation. There being no one else present to speak to the Revenue Sharing Hearing, the Mayor then called the Hearing closed. Mayor Waller then adjourned the Council Meeting and indicated after a brief recess, the Council would re- convene in the scheduled Executive Session to discuss real estate, legal, and personnel matters. CONSIDER ACTION ON A DELINQUENT TAX CONTRACT AND ATTORNEY Mr. Bob Smith then advised the Council that the tax attorney for delinquent tax accounts is associated with the City's computer service bureau. He said in order to benefit from the computer service's delinquent tax capabilities, we must use their attorney. He informed the Council that the City has always subscribed to both services, but under a verbal contract only. He said a formal written contract is needed for the services of John W. Coolidge, the tax attorney for delinquent account services. He summarized by saying this just reduces to writing that which the City has been doing on a verbal basis prior to this. Councilman Dickens moved to approve the Delinquent Tax Contract and Councilwoman King seconded the motion. Council Brown asked how the tax attorney is paid. Mr. Smith advised that he receives 15 percent of penalties and interest received. Mr. Smith indicated 94 percent of the taxes are collected and the remaining six percent are delinquent, of which six percent, he hopes to collect approximately 25 percent. Mr. Smith estimated the tax attorney earns between $3,000 and $5,000 in this effort from the 15 percent he receives on the penalties and interest collected. There being no furthur discussion, the motion was then adopted unanimously. CONSIDER AN ORDINANCE NO. 79-13 PROVIDING FOR THE COLLECTION EXPENSES FOR THE TAX ATTORNEY Mr. Smith explained to the Council that this ordinance provides that the expense of retaining the tax attorney for delinquent taxes will be borne by the delinquent taxpayer. He further explained that this ordinanc provides that the amount which is paid the attorney (15 percent of the tax) be added in March on a graduated scale (March, 3 percent; April, 6 percent; May, 9 percent; June, 12 percent and July, 15 percent). He said heretofore, the expense of a tax attorney for delinquent taxes has been borne by the taxpayers, who do pay their taxes. He said with this ordinance, the taxpayers who are delinquent, will pay this expense. Councilman Corley moved to adopt Ordinance No. 79-12 and Councilman Brown seconded the motion. All were in favor and the motion passed unanimously. The caption of this ordinance is as follows: AN ORDINANCE PROVIDING FOR CERTAIN COLLECTION EXPENSE IN CONNECTION WITH DELINQUENT TAXES OWED TO THE CITY OF HUNTSVILLE (HEREAFTER REFERRED TO AS "JURISDICTION"); RESCINDING ALL PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING THAT ATTENTANT FACTS NECESSITATE IMMEDIATE ACTION. CONSIDER AUTHORIZATION FOR FUNDING TRAFFIC SIGNALS City Manager, Jim McAlister, advised the Council of a memorandum dated August 21, 1979 from John Joerns, Director of Community Development which outlines the specifics of the traffic improvements planned for the new High School on FM 2821. Ruth DeShaw, City August 14, 1979