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Home My WebLink About1981-09-01 Regular Meeting AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, 5EPTEMBER l, 1981 AT 7 : 30 P.M. COUNCIL CHAMBERS - 413 MAIN STREET ,�► I. CALL TO ORDER II. INVOCATION: Father B. Szarka �'°' St. Francis Catholic Church III . CITIZENS REQUEST AND/OR MISCELLANEOUS REPORTS IV. CONSIDERATION OF THE MINUTES Workshop & Meeting of August 18 , 1981 V. PUBLIC HEARING City Council to conduct a public hearing relative to the 1981-82 City Budget. VI. OLD BUSINESS A. City Council to consider and award the bid for the City• s bank depository. B. City Council to consider an ordinance, second reading, amending Lone Star Gas Company' s franchise ordinance. ,��.� C. City Council to consider an ordinance annexing � property within Denton County, first reading. VII. NEW BUSINESS A. City Council to consider a resolution approving the 1981 tax roll as presented by the Board of Equalization. B. City Council to consider an ordinance determining the tax rate for the 1981-82 fiscal year. C. City Council to consider an ordinance approving and adopting the 1981-82 City Budget. D. City Council to consider the bids for construc- tion of the Convention & Visitors Bureau sign and take any necessary action relating thereto. E. City Council to consider the bids for conversion kits and compressors for natural gas fuel systems for City vehicles. � F. City Council to consider a change order relating to the west side outfall sewer project. �, G. City Council to consider an ordinance relative to the appointment of a Traffic Safety Coordinator. H. City Council to consider a resolution authorizing the Police Chiefs of Grapevine and Bedford to apply to the Texas Criminal Justice Council for a grant for a Narcotics Investigator to serve both cities. VIII. ADJOURNMENT � IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS �"' AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 28TH DAY OF AUGUST, 1981 AT 4 : 00 P.M. C�(/�/172. City Secre y ,�. ,� � .� � STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Regular Session on this the lst day of September, 1981 at 7 : 30 p.m. in the Council Chambers, 413 Main Street, with the following persons present to-wit: �� William D. Tate Mayor Ted R. Ware Mayor Pro Tem Charles Dunn Council Member ``�"' C. L. Oliver Council Member William Shafer Council Member Marion Brekken Council Member Ron Dyer Council Member constituting a quorum with the following members of the City Staf f : James L. Hancock City Manager Bill Eisen Assistant City Manager John F. Boyle, Jr. City Attorney Shirley Armstrong City Secretary CALL TO ORDER Mayor Tate called the meeting to order. INVOCATION The Invocation was delivered by Father B. Szarka, representing St. Francis Catholic Church. �� CITIZENS REQUEST AND/OR MISCELLANEOUS REPORTS ``�" The City Secretary reported that she was in receipt of a peti- tion signed by thirty residents of Oak Creek Estates, the pur- pose of which was to request stop signs along Tanglewood Drive in an effort to reduce speeds. The City Manager responded that the Traffic Safety Coordinator was investigating the matter and would have a recommendation for Council considera- tion during the next Council meeting. CONSIDERATION OF THE MINUTES The next matter to come before the Council was consideration of the minutes of August 18, 1981. There being no corrections or additions, Council Member Brek- ken made a motion to waive the reading of the minutes and approve them as published. The motion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: Ayes : Tate, Ware, Oliver, Dunn, Shafer, Brekken, & Dyer Nays ; None - ,e�• BANK DEPOSITORY, BID AWARD The next order of business was for the City Council to consider � and award the bid for the City' s bank depository. Mayor Tate then disqualified himself from participation in awarding the bank depository, indicating that he was a Direc- tor of one of the banks concerned. Councilman Oliver also disqualified himself stating that his wife was an employee of one of the bidding banks. Mayor Pro Tem Ware then presided over the meeting during consideration of this item. 09/O1/81 Councilman Dunn, Chairman of the Audit/Finance Committee, was then called upon for the purpose of reporting the findings of the Committee and for making a recommendation to the Council. Councilman Dunn gave a brief history relative to the develop- ment of the bid documents (Request for Proposal) and the de- tailed analysis of the bids received that followed. He added that meetings were conducted with each bank in an effort to clarify questions relating to the bids. Councilman Dunn noted that the points of clarification would be included in detail in the contract agreement. He then concluded thar ii � �,aas t.ze rec��:�sr.endati�n ot �n� �o��:aittee tnat a resolution be passed authorizing the City Attorney to prepare a contract naming American Bank of Commerce the City' s bank depository. The Council ' s alternatives for action were then outlined as ""'�` follows : (a) To award the bid to American Bank of Commerce as recommended by the Committee; (b) To not accept the recommendation of the Committee and award the contra�:t t� tne First _3ational ��.nk; (c) Or to reject all bids and readvertise. City Attorney John Boyle then introduced an opinion letter prepared by his firm relative to the bank depository bids, said letter attached hereto and made a part hereof as Exhib- it "A" . There was then a lengthy discussion during which the options of the Council were discussed, including the possibility of rejecting bids and duplicating the bid procedure. Upon conclusion of the Council' s discussion, Mayor Pro Tem Ware asked if the representatives of either bank wished to � comment. There was no response. , The City Secretary then read the caption of the proposed reso- � lution in compliance with the recommendation submitted by Councilman Dunn. Councilman Shafer then made a motion that the resolution be , adopted. The motion was seconded by Councilman Dyer and pre- ' vailed by the following vote: Ayes . Ware, Dunn, Brekken, Shafer, & Dyer Nays . None Abstain: Tate & Oliver It was then the general concensus of the Council that, upon completion, the contract relative to the bank depository be returned to the Council for their consideration and review. RESOLUTION NO. 81-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AWARD- ING THE CONTRACT FOR THE CITY'S BANK � DEPOSITORY TO AMERICAN BANK OF COM- MERCE FOR A PERIOD OF TWO YEARS .�wr PUBLIC HEARING, 1981-82 CITY BUDGET The next order of business was for the City Council to con- duct a public hearing relative to the 1981-82 City budget. Mayor Tate declared the public hearing open. 09/O1/81 The City Manager briefly explained the proposed revenues and expenditures of all City funds. He also reviewed the Ad Valorem Tax Revenue and Proposed Distribution and summar- ized the debt service. Following questions and discussion from members of the Coun- cil , Mayor Tate asked if there were guests present to speak in regard to the proposed budget. There were none. �,,, Considering there was no further discussion, Councilman Oliver made a motion to close the public hearing. The motion was seconded by Councilman Dunn and prevailed by the follow- ing vote: � Ayes : Tate, Ware, Oliver, Shafer, Dunn, Brekken, & Dyer Nays : None LONE STAR GAS COMPANY, FRANCHISE ORDINANCE, 2ND READING The next matter to come before the Council was consideration of an ordinance, second reading, amending Lone Star Gas Company ' s franchise ordinance. The City Secretary read the caption of the ordinance. There being no discussion, Mayor Pro Tem Ware made a motion to adopt the ordinance, second reading. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes: Tate, Ware, Oliver, Dunn, Shafer, Brekken, & Dyer Nays: None �-� ORDINANCE NO. 81-43 AN ORDINANCE AMENDING AND CHANGING "�'�' A FRANCHISE ORDINANCE ENACTED BY THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ON MARCH 7, 1961 AND BEING PARTLY STYLED, "AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A CORPORA- TION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF GRAPEVINE, TARRANT, TEXAS" ; AND PRO- VIDING FOR A MODIFICATION OF THE DEFINITION OF THE TERMS "SERVICE LINES" AND "YARD LINES" REFERENCED IN SECTION 4 THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE ANNEXATION ORDINANCE, LAKE PROPERTY, 1ST READING The next order of business was for the City Council to con- sider an ordinance annexing property within Denton County, e�, first reading. The City Secretary read the caption of the proposed ordinance. � Councilman Dunn made a motion that the ordinance be adopted on first reading. The motion was seconded by Councilman Shafer and prevailed by the following vote : Ayes : Tate, Ware, Oliver, Shafer, Dunn, Brekken, & Dyer Nays : None 09/Ol/81 ORDINANCE NO. 81-56 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF GRAPEVINE, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDI- TIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED � TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; AND FURTHER PROVID- � ING FOR AMENDING AND CORRECTING THE OFFICIAL BOUNDARIES OF THE CITY AS HERETOFORE ADOPTED AND PROVIDING FOR THE ORDINANCE TO GO INTO EFFECT UPON PASSAGE OF THE ORDINANCE ON SECOND READING REQUIRED BY THE CITY CHARTER AND PROVIDING A SEVERABILITY CLAUSE RECESS A recess was then called by Mayor Tate. Following the break, Mayor Tate reconvened the Council with all members in atten- dance. TAX ROLL RESOLUTION The next order of business was for the City Council to con- sider a resolution approving the 1981 tax roll as presented by the Board of Equalization. The City Secretary read the caption of the proposed resolu- � tion, followed by the City Finance Director' s report from � r the Board of Equalization. There being no discussion, Mayor Pro Tem Ware made a motion that the resolution be adopted. The motion was seconded by Councilman Dunn and prevailed by the following vote: ' Ayes : Tate, Ware, Oliver, Shafer, Brekken, Dunn, & Dyer Nays : None RESOLUTION NO. 81-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROV- ING THE TAX ROLL FOR 1981 ON PROPERTY WITHIN THE CITY TAX RATE ORDINANCE The next order of business was for the City Council to con- sider an ordinance determining the tax rate for the 1981-82 � fiscal year. The City Secretary read the caption of the proposed ordinance. ,�,,, Councilman Oliver made a motion that the ordinance be adopted. The motion was seconded by Council Member Brekken and prevailed by the following vote: Ayes : Tate, Ware, Oliver, Shafer, Dunn, Brekken, & Dyer Nays : None 09/Ol/81 ORDINANCE NO. 81-57 AN ORDINANCE SETTING THE ANNUAL TAX RATE FOR 1981; LEVYING TAXES FOR THE YEAR 1981 TO BE ASSESSED ON ALL TAX- ABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING PENALTIES AND INTEREST FOR DELINQUENT TAXES; PROVIDING FOR THE INTRA- AND � INTER-DEPARTMENT AND FUND TRANSFERS; AND PROVIDING FOR THE INVESTMENT OF IDLE FUNDS AND DECLARING AN EMERGENCY � 1981-82 BUDGET ADOPTION, ORDINANCE The next order of business was for the City Council to con- sider an ordinance approving and adopting the 1981-82 City budget. The caption of the proposed ordinance was then read by the City Secretary. Councilman Dyer made a motion that the ordinance be adopted. The motion was seconded by Councilman Shafer and prevailed by the following vote: Ayes : Tate, Ware, Oliver, Shafer, Dunn, Brekken, & Dyer Nays: None ORDINANCE NO. 81-58 AN ORDINANCE ADOPTING THE BUDGET FOR �� THE CITY OF GRAPEVINE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982 ; PROVID- ING FOR THE INTRA- AND INTER-DEPARTMENT AND FUND TRANSFERS; PROVIDING FOR THE INVESTMENT OF CERTAIN FUNDS; AND DE- CLARING AN EMERGENCY CONVENTION & VISITORS BUREAU SIGNS, BID AWARD The next order of business was for the City Council to con- sider the bids for construction of the Convention & Visitors Bureau sign and take any necessary action relating thereto. Mr. Bob Phillips, Convention & Visitors Bureau Director, addressed the Council and presented the following bids: Bidder Sign A Sign B Total Bid Coffman Builders, Inc. $6 ,094 . 00 $2 , 875. 00 $ 8 ,969. 00 A. M. Fairris Const. , Inc. $9,715 . 00 $2 ,123. 00 $11, 838 . 00 � The Council was advised that because Coffman Builders, Inc. did not submit the proper bid bond, the low bid would have � to be rejected. Mr. Phillips then reported that it was the recommendation of the Convention & Visitors Bureau Board that a resolution be adopted rejecting all bids and author- izing the Director to negotiate with the low bidder. The caption of the proposed resolution was read by the City Secretary. Following a short discussion, Mayor Pro Tem Ware made a motion to accept the recommendation and adopt the resolution. The 09/O1/81 motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Brekken, & Dyer Nays : None RESOLUTION N0. 81-35 A RESOLUTION OF THE CITY COUNCIL OF � THE CITY OF GRAPEVINE, TEXAS REJECT- ING THE BIDS RECEIVED RELATIVE TO THE CONSTRUCTION OF GRAPEVINE CON- COURSE AND GOLF COURSE FACILITY "� SIGNS; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE CONVENTION AND VISITORS BUREAU TO AWARD THE BID ON A NEGOTIATED BASIS; AND PROVID- ING AN EFFECTIVE DATE BIDS, NATURAL GAS FUEL SYSTEM, CONVERSION KITS The next order of business was for the City Council to con- sider the bids for conversion kits and compressors for natural gas fuel systems for City vehicles. Assistant City Manager Bill Eisen reported that only one bid was received from Advanced Fuel Systems offering a four-year lease purchase on the equipment with a monthly payment of $1,255. 42 . Mr. Eisen added that when the monthly payment was added to the cost of natural gas, the savings to the City was substantially less than indicated earlier. As a result, he recommended that the bid be rejected and that conversion of City vehicles not be considered at the present time. �, � Councilman Oliver made a motion to accept the recommendation of the City Staff and reject the bid. The motion was seconded � by Councilman Dyer and prevailed by the following vote: Ayes: Tate, Ware, Oliver, Shafer, Dunn, Brekken, & Dyer Nays : None CHANGE ORDER, WEST SIDE OUTFALL SEWER PROJECT ' The next order of business was for the City Council to con- sider a change order relating to the west side outfall sewer project. City Engineer Jim Baddaker outlined the reasons for the change order and concluded that the total increase in the contract, as a result of the change order, would be $8 , 375. 00. There being little discussion, Councilman Dunn made a motion that the change order be approved. The motion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: Ayes : Tate, Ware, Oliver, Shafer, Dunn, Brekken, & Dyer Nays : None � ORDINANCE, APPOINTING TRAFFIC SAFETY COORDINATOR � The next order of business was for the City Council to con- sider an ordinance relative to the appointment of a Traffic Safety Coordinator. The City Manager explained that Section 23-46 of the City Code provided that the Traffic Safety Coordinator be ap- pointed by ordinance. He added that it was his recommenda- tion that the ordinance be adopted appointing the Public Works Director as Traffic Safety Coordinator. 09/O1/81 The City Secretary read the caption of the proposed ordi- nance, after which City Attorney John Boyle explained the contents , and recommended its adoption. Council Member Brekken made a motion to accept the recommenda- tion of the City Staff and adopt the ordinance. The motion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: � Ayes : Tate, Ware, Oliver, Dunn, Shafer, Brekken, & Dyer Nays: None �" ORDINANCE N0. 81-59 AN ORDINANCE APPOINTING THE DIRECTOR OF PUBLIC WORKS AS THE TRAFFIC SAFETY COORDINATOR PURSUANT TO CHAPTER 23 , SECTION 23-46 OF THE CITY CODE; PRO- VIDING FOR THE POWER AND AUTHORITY OF SAID TRAFFIC SAFETY COORDINATOR; AND DECLARING AN EMERGENCY RESOLUTION, NARCOTICS INVESTIGATOR The next order of business was for the City Council to con- sider a resolution authorizing the Police Chiefs of Grape- vine and Bedford to apply to the Texas Criminal Justice Council for a grant for a Narcotics Investigator to serve both cities. Police Chief Al1en Deggans made a brief presentation explain- ing the benefits that could be derived from a joint project ;�. between the Cities of Bedford and Grapevine. The City Secretary then read the caption of the proposed �" resolution. Following a short discussion, Councilman Oliver made a motion that the resolution be adopted. The motion was seconded by Councilman Dyer and prevailed by the following vote: Ayes: Tate, Ware, Oliver, Dunn, Shafer, Brekken, & Dyer Nays: None RESOLUTION N0. 81-36 A RESOLUTION AUTHORIZING THE POLICE CHIEFS OF THE CITY OF GRAPEVINE, THE CITY OF BEDFORD TO SUBMIT A GRANT APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR A NARCOTICS IN- VESTIGATOR MISCELLANEOUS REPORTS � Grapevine/Coppell Water & Sewer Agreement � City Manager Jim Hancock gave a brief status report relative to the Coppell/Grapevine water & sewer agree- ment. He indicated that it appeared a suitable arrangement could not be attained and that each city was pursuing providing their own services to the area within their respective cities. 09/O1/81 Master Plan Adoption The Council was asked by the City Secretary if they were desirous of conducting a workshop, relative to the Planning & Zoning Commission' s recommendation on adoption of the Master Plan, prior to final adoption. It was the concensus of the Council that a workshop session be scheduled for 7 : 00 p.m. prior to the Council meeting of September 15 , and that adoption of the Master Plan appear on the Septem- ber 15 regular agenda. �' ADJOURNMENT There being no further business to come before the Council, Councilman Oliver made a motion to adjourn. The motion was seconded by Councilman Shafer and prevailed by the following vote: Ayes : Tate, Ware, Oliver, Shafer, Brekken, Dunn, & Dyer Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THEJ CI� O�� GRAPEVINE, TEXAS on this the � day of 52� , 1981. APPROVED• p�r�� Mayor ,,,,� � �; ATTEST: ""''� t City S cr a +.��, � �r % ,, Exhibit "A" � Minutes 9/1/81 LAW OFFICES HUTCHISON PRICE BOYLE & BROOKS �', . � A PROFESSIONAL CORPORATION 211 NORTH ERVAY BUILDING, SUITE �100 Rnr HVTCHISON DALLAS,TEXAS 75201 AUSTIN OFF�CE: RAYFORD PRICE I106 LAVAGA STREET, SVITE 400 JOMN F. BOYLE, JR. �2�4��4Z�3eBZ AUSTIN�TEXAS 78701 BEN A. BROOKS (512)477-4121 ROBERT E.JONNSON September 1, 1981 R06ERT D. DRANSFIELD ALLEN MOON JAMES J. PANIPINTO Mayor William Tate Members of the Grapevine City Council City Manager, Jim Hancock Director of Finance, Lee Nianess Post Office Drawer 1547 �� Grapevine, Texas � � Re: City of Grapevine Bank Depository Bids Dear 1�layor Tate, Members of the City Council, City Manager, Jim Hancock and Director of Finance, Lee Maness Pursuant to the request of the Chairman of the committee reviewing the bids received in response to the ' Citys request for proposals for a Bank Depository Contract I hereby submit this letter opinion relative to certain aspects of the bidding procedure and bidding process. All cities in the State of Texas are governed by Articles 2559-`L566a, Tex. Rev. Civ. Stat. Ann. in the letting of a contract for a bank to act as a depository for city funds. Article 2559 requires a city to advertise for bids and provides further that if a city has two or more banking institutions doing business within the city the city shall consider bids from only those institutions. Article 2560 relates to the award of the bid and requires the City to award the contract to the banking institution offering "the most favorable terms �� and conditions for the handling of such funds". Both Grapevine banking institutions submitted bids. After the bids were received the Chairman of the City Council Committee and members of the � Grapevine staff along with the city's Consultant retained to assist in this process, met with key officials from both banks to review their bids. Article 2561 was amended during this last session of the legislature in a manner that would allow the City Council to direct its City Treasurer to invest city funds in direct debt securities of the United States not required immediately to pay obligations of the city or to be kept on deposit under the . . . . ., _ . _ _ .. e�* _ ,., _,: . ,s, _.-•. iwrr � . �, . terms of a depository contract. The citys request for proposals, referred to as RFP, included a paragraph that reserved for the city the right to invest said funds. The bid from American Bank of Commerce added the phrase "only with consent of depository bank". In the meeting with ABC officials it was explained that the phrase meant ony in accordance with an agreed upon business practice whereby the city would notify the bank some specified time (24 hours) prior to the withdrawal. It is my opinion that an agreement with the bank that is � awarded the depository contract that contains and incorporates an agreed upon business practice whereby the City would give the bank reasonable notice would not be inconsistent with the RFP, would be valid and in addition would likely constitute sound business judgment. There were two or three items that fell into this same catagory. ,,,�„ The ABC bid deleted in its entirety the Repurchase Agreement. It is my understanding that ABC, if awarded the bid, would accept a contract that includes the Repurchase Agreement. The City Council in accordance with �'' Article 2560 is the judge of which bank submitted a bid containing the most favorable terms. The City Council has the ability to conclude that the Repurchase Agreement provision is not so significant as to make the ABC bid unresponsive to the RFP and could still award the bid to ABC with or without the Repurchase Agreement provision. The City Council is the sole judge as to which of the banks submitted the bid with the most favorable terms. It is my opinion that the City Council as the sole judge of the merit of the two bids received could award the contract to either of the banks that submitted bids. The procedure would be for the Council by resoTution to find which one of the banks submitted the best bids and to authorize the drafting of a depository contract that contains certain specified terms. The contract would then be prepared for the bank and the city. If there are any questions, please advise. Yours truly, HUTCHISON PRICE BOY & OKS � John F. Boyle, Jr. � JFB,Jr./lar