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RESO 1990-05 - City Atty Deed RestrictionsRECORDS SERIES TITLE: Ordinance, Orders, Resolutions SCHEDULE NO.: 1000 -05 CONTENTS OF FILE: Resolution No.: 90 -05 Title: DESIGNATES CITY ATTORNEY TO ENFORCE DEED RESTRICTIONS Date: 01 -23 -90 MINUTES OF JANUARY 23, 1990 BOOK "Q" 13 two interests might not be 100X in agreement as the suit proceeds. He said they think they will be substantially in agreement, i.e., 80 -90%, but periodically, there may be some disagreements about what the city needs versus what the neighborhood needs and what the city sees as best and what the neighborhood sees as best. He said they have to go into this, in a sense, along with the City with that understanding. In addition, he said, it might be that they might want a private attorney at some level. and they are not telling them to do that and not saying they have to do that, but because there might be some difference, and even thought it might be slight. it might not hurt for the neighborhood to consider the possibility of retaining an attorney at some point. He said that may not be useful, but the Council needs to make it clear to them that the City's interest could diverge slightly as the suit proceeds. Councilmember Gaines agreed with Councilmember Carter, and noted she is also sympathetic and reiterated what Councilmember Carter said in that there may come a time when the residents may not feel that the City is acting in their best interests, but they have to recognize the fact that they are representing the city and those two interests might not coincide. She said she wants them to always know that whatever the outcome of this might be, that the City is sympathetic with them and that they are working to bring the best possible solution to this problem, but they do want them to know that at no point will the City be against them, but maybe the circumstances will make it appear that way. She said some things may happen that the City cannot control or they might enter into something that might make it appear that the city is not representing their specific interests. She said they don't know what that might be, but want them to understand and realize this up front that the city is sympathetic and as in any court case, it is going to do the very best for them that it can possibly do, given the circumstances and whatever might develop from that. Councilmember Green noted he is glad all of the residents are here. He said he thinks it is important that they all recognize the fact that they have a valid issue and the fact that they do have deed restrictions is really what gives them the right in court to protect the sanctity of their property, because when they went into those agreements, in fact, it was a voluntary agreement and their Subdivision has remained in tact essentially for 30 years. He said as times change, of course, some times deed restrictions are attacked and here is one of those circumstances. He said he hopes the city's intervention will benefit the residents because he thinks it is not only for this subdivision but for all subdivisions that have deed restrictions, as the city needs, as best it can, to protect the sanctity of those private arrangements. He reiterated some of the things some of the others said in that the outcome may not be what any of them want it to be as they cannot guarantee that because that is going to be ultimately decided by the Court and they do want the residents to recognize the City supports them as they try to protect their property. Mayor Monday then asked for a motion to support a resolution, the caption of which is as follows: RESOLUTION NO. 90 -5 A RESOLUTION OF THE HUNTSVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INTERVENE, ON BEHALF OF THE CITY, IN A LAWSUIT TO ENFORCE AND DEFEND DEED RESTRICTIONS IN THE G. A. WHITE SUBDIVISION Councilmember Barrett made the motion to adopt Resolution No. 90 -5 Councilmember Howard seconded the motion. Discussion: Mayor Monday noted she appreciates the phone calls she has received and having all of the residents here this evening. She said there will be the very best interaction possible and the Council will be following this case very carefully. She told the residents not to hesitate to call them and interact with them concerning this. Councilmember Carter said if the residents see them diverging from what they want. the Council may not be coming back for their opinion, but the Council does want them to tell them that. He said they have a good City Attorney, but they need to hear that just as much as he does. He said if the residents get upset along the line, they should not put all of that burden on the City Attorney because the City Council is in this too and they want to know about it as well. Mr. Cantrell thanked the Mayor and Council for their consideration. All were in favor and the motion passed unanimously. MINUTES OF JANUARY 23, 1990 BOOK "Q" 14 CONSIDER CONCRETE WORK- -UNIVERSITY AVENUE WATER LINE PROJECT Consider bids for concrete work on the University Avenue water line project [No. 89-02 -02] to Spivey Construction in the amount of $11,411 to be paid as indicated. Mr. Gene Pipes, City Manager, advised there were four bids received, ranging from 311,411 to 815,143. He then presented the staff's recommendation to award this bid to Spivey Construction in the amount of 811,411, to be funded 85,749.50 from Water [Account No. 07-62 -9622] and Streets [Account No. 08 -03- 9184]. Councilmember Gaines made the motion to approve of the bid from Spivey Construction as outlined and funded above and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BLACK CHIP ROCK Consider single source purchase of black (lava) chip rock from Vulcan Materials in the amount of 810,680 to be paid from budgeted maintenance funds Mr. Gene Pipes, City Manager, advised the approved 1990 street priority list has 11 streets on it to be seal coated. The amount of chip rock needed to complete the project is 300 tons of grade #5 and 50 tons of grade #4, and will cost as follows: 300 tons of #5 is 830.55 = 89,165, or 25 cents less per ton from last year; and 50 tons of #4 a 830.30 = 81,515, or the same as last year. Since Vulcan Materials is the only source of this type of rock, Mr. Pipes said the city is requesting permission to one source the purchase and to expend the 810,680 from capital street funds. Councilmember Howard made the motion to approve of this one source purchase in the amount of 810,680 as outlined above and Councilmember Gaines seconded the motion. Discussion: Councilmember Knotts said the city is paying about double the price to get a higher grade of material, but they could get the same material from East Texas Stone except for the color; however for only 300 tons, it would not make a lot of difference, but if they were to get 3,000 tons, he would express some concern. All were in favor and the motion passed unanimously. CONSIDER BIDS POLICE CARS Consider bids for three police cars to Moore -Henry Motors in the amount of 811,900 per unit to be paid from budgeted funds Mr. Gene Pipes, City Manager, advised it is the City's intent to purchase three new 1990 full size cars with police packages. He noted the city considered state contract purchase [812,298.22 /vehicle], H-GAC [812,025 /vehicle], and formal bid [811,900 /vehicle], and chose the formal bid process to get the best pricing. He then presented the lowest bid meeting specifications from Moore Henry Motors, noting four bids were mailed out. Councilmember Knotts made the motion to approve of the bid to Moore -Henry Motors and Councilmember Barrett seconded the motion. Discussion: Councilmember Carter noted in many instances, public vehicles are being converted to natural gas and there has been some movement in the state of Texas for that to occur. He asked the staff to check on the possibility of natural gas vehicles for the police fleet that we are about to purchase over the next 5-10 years. Mr. Pipes said the staff has not moved on this but wants to explore converting the entire fleet. He said it is not a matter of changing anything on the unit but is a matter of safely adding an appropriate attachment to the vehicles and purchasing refueling racks. Councilmember Carter encouraged the staff to look at this because he sees this trend developing and it looks like to future for public fleet vehicles of all types and that would include dump trucks and heavy equipment as well. After another question for clarification, all were in favor of the motion on the floor and it passed unanimously.