MIN CC 10/06/1998I,
CITY COUNCIL MEETING OF OCTOBER 6, 1998
BOOK S" 176
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6TH DAY OF OCTOBER, 1998, IN THE CITY
HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M.
The Council met in regular session with the following members present:
COUNCH,MEMBER
William B. Green, Mayor
Ron Lange
Marjorie Rex
Dave Luning
Vance Howard
David Martinez
JoAnn Matthews
Ann James
ABSENT: Dan Davis
Officers:
Gene Pipes, City Manager
Scott Bounds, City Attorney
Danna Welter, City Secretary
EXECUTIVE SESSION (4:00 p.m. - 4:30 p.m.) to discuss personnel matter: City Attorney.
PERSONNEL COMMITTEE (4:34 p.m. - 5:00 p.m.) to meet with Municipal Judge Jack Haney for a quarterly discussion regarding
Municipal Court activities.
FINANCE COMMITTEE (4:35 p.m. -4:55 p.m.) meeting to: a) review budget adjustments for FY 1997 -98 and encumbrances for
FY 1998 -99; and b) discuss the administrative activity report.
CITIZEN INPUT/INQUIRY
None.
INVOCATION
Invocation by Pastor Bill Silvey, Huntsville Church of the Nazarene.
CONSIDER MINUTES OF SEPTEMBER 22 AND 26, 1998
Councilmember James made a motion to approve the minutes of September 22, 1998, and Councilmember Rex seconded the
motion. The motion passed unanimously. NOTE: Councilmember Davis absent.
Councilmember Matthews made amotion to approve the minutes of September 26, 1998 and Councilmember Martinez seconded
the motion. The motion passed unanimously.
CONSIDER ORDINANCE 98 -10 -06.1 GRANTING TO MID -SOUTH ELECTRIC COOPERATIVE ASSOCIATION
ITS LEGAL REPRESENTATIVES, SUCCESSORS, LESSEES, AND ASSIGNS, GRANTEE HEREIN, CERTAIN
POWERS, LICENSES, RIGHTS -OF -WAY, PRIVILEGES, AND FRANCHISE TO CONSTRUCT AND MAINTAIN
IN THE CITY OF HUNTSVILLE, TEXAS, AS NOW OR HEREAFTER CONSTITUTED, AN ELECTRIC POWER
UTILITY SYSTEM IN THE CITY, TOGETHER WITH THE RIGHT TO USE THE PUBLIC RIGHTS- OF-WAY
FOR A TERM CERTAIN, WITHIN THE SIXTY -FIRST DAY OF PASSAGE HEREOF; AND PRESCRIBING
CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS HEREIN MENTIONED; AND PROVIDING FOR
THE PAYMENT TO THE CITY OF A PERCENTAGE OF CERTAIN RECEIPTS OF GRANTEE FROM ITS
OPERATIONS THEREIN; PROVIDING FOR THE ACCEPTANCE OF THIS ORDINANCE BY GRANTEE;
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND REQUIRING PUBLICATION (second reading)
Councilmember Rex made a motion to approve Ordinance 98 -10 -06.1 granting Mid -South Electric Cooperative Association a
franchise for electric power utility system in the City as stated above and Councilmember Matthews seconded the motion Themotion
passed unanimously.
CONSIDER AN AGREEMENT WITH OAKWOOD CEMETERY ASSOCIATION FOR THE MAINTENANCE
OF THE HISTORICAL PART OF THE CEMETERY
Mayor Green stated that this item would be postponed until the Cemetery Association met to discuss the draft agreement.
- - --ld
1998 BOOK "S" 177
• CONSIDER A CONSTRUCTION AGREEMENT WITH TENASKA FRONTIER PARTNERS, LTD. FOR
CONSTRUCTION OF THE TREATED WATER PUMP STATION
• CONSIDER AN INTERLOCAL AGREEMENT WITH TRINITY RIVER AUTHORITY FOR THE
CONSTRUCTION OF THE TREATED WATER PUMP STATION AS REQUESTED BY TENASKA
Councilmember Lunin¢ made a motion to approve a construction agreement with Tenaska Frontier Partners, Ltd. for construction
of the treated water pump station and an interlocal agreement with Trinity River Authority for the construction of the treated water
pump station as requested by Tenaska and Councilmember James seconded the motion. The motion passed unanimously.
CONSIDER THE QUARTERLY BUDGET ADJUSTMENTS FOR FY 1997 -98, AND
THE ENCUMBRANCES FOR FY 1998 -99
Councilmember Luring stated that he recommended that the $141,000 (capital street monies) and S151,660 (street maintenance
monies) set aside for Elkins Lake be combined into a capital street improvement fund dedicated to Elkins Lake and regular
maintenance would be covered by budgeted funds.
Councilmember Luring made a motion to approve the quarterly budget adjustments for FY 1997 -98 and the encumbrances for
FY 1998 -99 and the combine Elkins Lake monies into a capital street improvement fund and Councilmember James seconded the
motion. The motion passed unanimously.
CONSIDER ORDINANCE 98 -10 -06.2 AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS
AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR ONE
NEW AND UNUSED 1998 6 -WHEEL TRACTOR COMPLETE WITH MANUAL FIFTH
WHEEL AND WET KIT
Councilmember Rex made a motion to approve Ordinance 98 -10 -06.2 authorizing publication of notice to bidders and notice of
intention to issue certificates ofoblieation for a 1998 6 -wheel tractor with manual fifth wheel and wetkit, and Councilmember Martinez
seconded the motion. The motion passed unanimously.
CONSIDER ORDINANCE 98 -10 -06.3 AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS
AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR ONE
NEW AND UNUSED 1998 118 CUBIC YARD ALUMINUM OPEN TOP LIVE FLOOR
FOR HAULING SOLID WASTE
Councilmember Rex made a motion to approve Ordinance 98 -10 -06.3 authorizing publication of notice to bidders and notice of
intention to issue certificates of obligation for a 1998 118 cubic yard aluminum open top live floor, and Councilmember Matthews,
seconded the motion. The motion passed unanimously.
MAYOR'S ACTIVITY REPORT
1. Consider appointments to Boards and Commissions:
a. Huntsville Arts Commission - Reappoint Diana Ratliff as commissioner, reappoint Anita Escobedo and Hattye Owens as
advisory members, and appoint Jaspyr Sanford, Sydney Sharp and Charles Smith as advisory members.
Councilmember James made a motion to approve the Mayor's recommendations to the Huntsville Arts Commission. and
Councilmember Rex seconded the motion. The motion passed unanimously.
b. Zoning Board of Adjustment - Reappoint Ralph Brim and Larry Graves, move Eric Johnston from Alternate A to a voting
member, and move Fred Guillory from Alternate B to Alternate A.
Councilmember Matthews made a motion to approve the Mayor's recommendations to the Zoning Board of Adjustment, and
Councilmember Luring seconded the motion.
Councilmember James stated that she would not vote for the reappointment of Ralph Brim.
The motion passed 7 -1, with Councilmember James voting no.
CITY COUNCIL MEETING OF OCTOBER 6, 1998 BOOK "S" 178
2. Consider the final disposition of the Townsend lawsuit.
City Attorney Scott Bounds stated:
My Ode to the Townsend Building Case
When the building's walls came tumbling down,
a suitable cause could not be found.
The rose beds had been watered too much,
and fortunately the City didn't maintain the mulch.
The plaster may have been applied too thick,
but some think it actually helped the brick.
The City had contracted to use the party wall,
but how does an agreement cause the wall to fall?
Then Judge Sandel let the City off the hook,
and another decision was added to the books.
The plaintiffs continued to sue and ply their trade
in lingerie until the Supreme Court finally said.
"This case is over.
No more appeals will we hear."
John Hightower and I now proudly announce,
that the plaintiffs we did trounce.
And on this high occasion, closing this old case,
I advise City Council that,
after serving as City Attorney for 78 years, I will retire in January,
and attend another task.
Mayor Green and all of City Council wished Scott the best and commended him for his 18 years of work with the City.
COUNCILMEMBER ACTION
Flushing. Councilmember James asked about the flushing notice procedures. Mr. Wilder stated that flyers are delivered door to door
in the areas affected.
GFOAAward. Councilmember Luring commended Patricia Allen and staff on the GFOA award for excellence in financial reporting.
MEDIA INQUIRIES
ADJOURNMENT
Recess into WORK SESSION to discuss an information program to detail the City's plans for an arterial street improvements program
and respond to misinformation that has or may be promulgated. [5:50 p.m. - 6:25 p.m.]
Reconvene EXECUTIVE SESSION to discuss personnel matter: City Attorney. [6:30 p.m. - 6:50 p.m.]
Reconvene into REGULAR SESSION [6:50 p.m. - 7:10 p.m.]
Mayor Green directed the City Manager to contact the Waters Consulting Group to initiate the process for a search to replace the
City Attorney.
Danna Welter, City Secretary