01/04/1982-CC-Minutes-Regularz
MINUTES: City Council
December 21, 1981
PRESENT: Mayor Cole, Nesbitt, Thomas
VACANCY: Henry Cooper - Place 1
ABSENT: Spindle, Bridges
OTHERS
PRESENT: Lloyd, Mary Jo, Jack Russell, Mike Cummings, Richard
Muir, John L. Sullivan
Members present adjourned due to lack of a quorum.
ATTEST:
MINUTES:
PRESENT:
OTHERS
PRESENT:
City Council
January 4, 1982
Mayor Cole, Nesbitt, Bridges, Spindle and Thomas
Lloyd Henderson, Mary Jo Stover, Anne Kyle,
Richard Muir, John L. Sullivan
Prior to the Calling of order of the regular council
meeting Councilman Donn Nesbitt requested to know if
council was in compliance with Vernon's Statute #1009
which deals with absenteeism. It was noted that Council-
man Bridges had missed 3 consecutive meetings and
Councilman Nesbitt felt that Council might possibly
be out -of -order on any action they might take ( a quorum
would not exist due to Henry Cooper's resignation).
Since there is a strong possibility of legal action due
to the landfill site Councilman Nesbitt requested this
matter be resolved. Article #1009 was read. Mayor Cole
ask the City Secretary for the number of times Councilman
Bridges had been absent from a regular meeting. It was
noted that Councilman Bridges had been absent from 2 -
regular meetings and one regular meeting scheduled was
not held due to lack of a quorum and from the last 3
special and emergency called meetings.
The City Attorney was asked for a legal opinion. Sullivan
stated if Bridges had an emergency absence and he con-
veyed to the Mayor and City Manager that he would not be
available at the meetings and it was so stated then he
felt it was an approved absence. There may not have been
formal action taken but it was apparently understood and
approved by Council. He stated that Art. #1009 was a
Forfeiture Statute and must involve a willful action.
Any good reason with expressed approval of the Council
is not a distortion of the facts. If the Council so
noted as willful the problem would have been brought out
in a prior meeting. Council agreed.
1. The minutes of the following meetings were approved
as printed:
The regular meeting - December 7, 1981
The emergency meeting - December 8, 1981
The emergency meeting - December 9, 1981
The regular called
meeting - December 21, 1981
2. Disbursements for the amount of $19,851.33 were approved
on a motion by Bridges. Spindle gave the second.
Voted unan.
3. The following bids on the HUD Drainage Improvements
Projects (the name of contractors, the bid amount,
and the number of days to complete their work) was
presented to council:
1. Jay -Mar Corp., Grapevine $144,884.45
(60 Calendar Days)
2. C & W Utility, Desota $191,185.00
(70 Working Days)
3. Roberts & Siegmund, Sanger $2411000.00
(250 Calendar Days)
4. F & J Construction, Rowlett $231,771.00
5. Oscar Renda, Roanke $3832575.00
(200 Calendar Days)
Motion was made by Thomas to accept the bid of Jay -Mar
Corp. of Grapevine, Texas for a total sum of $144,884.45.
Spindle gave the second. Voted unan.
4. he bids on the motor grader came in as follows:
�Zer-�7yn Tucker - $1, 215.0 0
James P.oy Pennington - 1,086.86
John's Garage 500.00
Mayor Cole felt the bids were too low and requested
Council to throw them out.
Motion was made by Nesbitt not to accept any bids
received. Thomas gave the second. Voted unan.
Motion was made by Donn Nesbitt to re -advertise for
bids with a minimum of $28C0.00. Bridges gave the
second. Voted unan.
5. Richard Muir met with Council to discusss the renewal
of the city property, building and contents policy.
Mayor Cole asked Muir how this year's premium compared
with last years. Muir stated last year's premium was
$3720 and this years premium increased to $3921. He
advised Council however, that the coverage on 8 of
the items had been increased slightly and an increase
on contents due to the new addition of city hall had
raised the premium.
Claims were discussed. Explanation regarding the
fire protection of the policy was explained by Muir.
It was a�Dfreed by Council to consider the policy
further and discuss the coverages and get back to
Richard with any changes.
6. Motion was made by Spindle to hire Steve Reese, Attorney
for a monthly fee of $100.00 for the position of
municipal judge. Thomas gave the second. Voted unan.
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7. Motion was made by Donn Nesbitt to adopt the CDBG
Resolution authorizing the clearance of (2)
structures; one located at 905 Peach Street, and
one located at 602 No. 5th. Wendell Thomas gave
the second. Voted unan.
8. Motion was made by Wendell Thomas to adopt the Re
solution authorizing the Clearance of 3 lots located
at 203 Jones, 811 West Bolivar, and a lot at 204
Smith Street. Danny Spindle gave the second. Voted
unan.
9. Sanger Electric Deposit Policy - Councilman Nesbitt
stated he objected to the commercial customer having
to make an electric deposit. He felt that the city
would be discouraging new business if commercial
users are made to place a large deposit on top of
paying for the electric fees and one-half the cost
of an extra transformer. He felt the city was doing
an injustice to businesses. Discussion. Spindle
stated that if a homeowner runs out without paying
his utility bill the City would be left with possibly
a $150. cost, but if a business shuts down and leaves
without paying, it would cost the City maybe $5 or
$6,000. More discussion.
Motion was made by Donn Nesbitt that the deposit for
the large and industrial user be dropped completely.
Thomas gave the second. Voting for were Nesbitt and
Thomas. Voting against were Bridges and Spindle.
Mayor Cole was asked to break the tie. He explained
his position and voted rio. Motion failed 3-2.
Motion .was made by Bridges to amend the Sanger Electric
Deposit Schedule changing the new rate on Large and
Industrial businesses from $1.00 to $0.50. When
commercial customers have paid bills for service for
12 consecutive billings without having more than 2
occasions in which a bill was delinquent, and when
commercial customer is not delinquent in payment of
current bill, Sanger Electric System is to refund
their deposit. Nesbitt gave the second. Voted unan.
10. Mayor Cole called the meeting into closed session to
consider legal matters pertaining to the sanitary
landfill.
11. Mayor Cole called the meeting into open session and
on a motion by Danny Spindle the City retained the
firm of Booth, Lloyd, and Simmons, Austin, Texas, to
represent the City of Sanger in connection with the
appeal which has been filed challenging the action
of the Texas Department of Health in issuing a municipal
solid waste landfill permit to the city. Wendell Thomas
gave the second. Voted unan.
The fee structure for legal services is as follows:
The time of Frank R. Booth will be billed at
$145 per hour; the time of Robert H. Lloyd and Lutcher B.
Simmons will be billed at $100 per hour; the time of
junior principals and associates will be billed at
either $75 per hour, or $60 per hour, or $50 per hour,
depending on the individual involved (the time of
Brent W. Ryan will be billed at $60 per hour).
Additionally, we utilize briefing clerks to perform
those tasks not requiring the time of an attorney.
Briefing clerks' time will be billed at $20 per hour.
We will submit all out-of-pocket expenses incurred
for reimbursement, and will add a 15% overhead
charge to all such expenses, with the exception of
statutory filing fees. We try to have a statement
in the mail by the 15th of each month and anticipate
being paid within 30 days of receipt.
12. Other such matters:
(a.) Thomas ask if Benny Erwin had been
rehired. Lloyd answered yes. Thomas at same salary? Lloyd - yes.
(b.) Bridges stated that he had talked with
Mayor Cole and the city manager about
being absent from the council meetings.
He stated he thought he was in com-
plaince, but that he would offer his
resignation if necessary. Nesbitt stated
that it was not a personal thing that
the absenteeism was discussed, but the
legal matters pending, he felt the city
should walk the straight and narrow and
get it straightened out now.
Mayor Cole stated if Bridges had missed
willfully was one thing, but since he had
advised the Mayor and the city manager
that it was the same as an excused absence.
Discussion.
Motion was made by Thomas that if at any
future meetings a councilman missed that
the item be placed on the next agenda
for council action. Spindle gave the
second. Voted unan.
(c.) Donn Nesbitt discussed again with Council
the extra work/extra pay item for employees
during December which appeared on the
agenda and was not considered. Discussion.
Motion was made by Donn Nesbitt to give
the employees with a year or more tenure
$50 and $35 to those employees with less
than a year tenure. The second was given
by Danny Spindle. Voted unan.
(d.) The regular called meeting was set for
6:00 p.m. Friday, January 8, 1982.
Meeting adjourned.
ATTEST:
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