1956.10.09_00001October 9,1996
The council met in regular session,the meeting was callad to order byMayorMcCoh,councilmen present were Frank Holmes,Alex Law,Dave Jones,Marshall Burress,John Henry and Fred Krueger.
The minutes of Oct 1st and2nd were read,minutes of the last meeting ofSept25thwereread,stand approved as read.Bills were read.The moti.on by Holmes seconded by Law bills be paidandwarrantsdrawn.M tion carried.
CURRSãT EXPENSE:
Warrants Nos.7479 thru 7947 paid in the amount of #7,257.94
W_ATER &SEWER:
¯Warrants Nos.3333 thru 3383 paid in the enount of 2,953.40
STREET:
Warrants Nos 1640 thru 1699 paid in the amount of 30,431.24
PARK &CoMETERY:
Warrants Nos.628 thru 637 paid in the enount of 630.73
TRAFFIC CONTROL:
Warrants Nos.179 thru 178 paid in the amount of 108.62
COMBINED WATER &SEWER:
Wahrants Nos.96 thru 99 paidin the amount 9,466.09
L.I.D.#$Warrant No.29 päd in the amount of 1,000.00
L.I.D._#6:Warrants Nos 11 thru 19 paid in the amount 88,380.36
i PARK CAPITED Warrant No 3 paid in the amount of 3,664.22
It was moved by Krueger seconded by Burress,that the Progress PaymentforEngineeringServicesforLocalImprovementDistrictNo.6 in theamountof$3,865.6 be approved;that the Progress Payment for Schadule1-B Estimate #3 &inal in the amount of $2,103.24 for work performedbyMullinsConstructionCo.on Contract for Local Improvement DistrictNo.6 be approved;also Progress Payment for 'Schedule V.Estimate #2 intheamountof#40,662.64 and Schedule VI Estimate Ñ 2 in the amount of#49,089.¼8for work performedby Geo.V.Nolte &Co on Contract forLocalImprovementDistrictNo.6 be approved;also tight-a-way acquisi-tion services on L.I.O,#6 in the amount of #525.00 to Charles 0.Bedford be qqproved,that to provide funda for the payment thereof,Warrants be drawn against the Local Improvement district No.6 FundinfavorofGrande&Co,Inc,:ua the total amount of 492,246.00 bear-ing interest at the rate of 4.20§per annum and dated Gotober 10,19§6thattheproceedsofsaidwarrantsbedepositedintheLocalImprovementDistrictNo.6 Construction Fund and that Warrmats be issued upon saidConstructionFundinfavorofGray&Osborne,Mullins Construction Co,Geo.V.Nolte &Co m2d Charles 0.Bedford,in payment of work performed.
RADIO BUILDING:reported on by Don Gray;tabled until later when the costofprojectwouldbepresentedtocouncil.
WESTVIEW ADDITION WATER LINES:reported on by Engineer.he motion byiBurresssecondedbyHolmesweinstructthesewerdepttobackfill,and finish manhole in estviews Addition Tracts as outlined by ngineer.Motion carried.
HI-WAY SERVIE ZONE ORDENANCE:The motion by Jones seconded by BurressOrdinancebetakaaunderadvisementforfurtherstudy.Motion carried.
RESOLUTION #143:Vacation of alley near Locust Lane.The motion by LawsecondedbyHenryresolutionberead.The motion by Law seconded byHolmesresolutionbeadopted.M tion carried..o
DIVISION STREET PAVING:reported on by Fred Harris of Geo.Y,Nolte &00.Engineers recommendation to go ahead where we do not have right awayon60',if not use $8 mad utlitize full right away best we can,in
October 9,1996 Cont'd
dition some kind of guard post,mark lane for protection of utility plee
poles and observe it in L.I.D.The motion by Holmes seconded by Jones toaccepttheangineersrecommendation.Motion carried.with Law voting No.
HERJ from Board of adjustment ,reada reported on by Mayor McCosh,his
recommendation to re-aÿpoint B.J.McLean to board of adjustment for
a term of four years.The notion by Law seconded by Henry that recommen-
dation of Mayor be approved,and notify Mr.McLeon.Motion carried.
BTDS ON WELL #7:reported on by Engineer "onGray.Two bids received
that of ^.A.Durand in the amount of 430,558.08 and.D.H.Stasser in
the amount of #33,724.00 engineers reñommendation that the contract be
awarded to the low bidder.The motion by Burress seconded by Krueger
to accept the engineers recommendation of low bid of A.A.Durand &Son.
Motion carried.
BUDGET ORDINANCE:#311 The motion by Henry seconded by Law Ordinance
be adopted med published.Motion carried.
RESOLUTION #144:on the intervention of Civil Aeronautics Board.The
motion by Holmes seconded by Law resolutiòn f 144 be read.The motion
by Henry seconded by Burress to adopt resolution F 144.Motion carried.
AUTHORIZATION TO DESIGN VISTA FIRE SUB-STATTON:The motion by Jones
seconded by Krueger that the architect be authorized to proceed with
design.Motion carried.The motion by Holmes seconded by Krueger
Don Hollingberry be employed to sanit plans for Vista Fire Substation.
Motion carried.
ADDITIONAL BILLS:readThe motion by Jones seconded by Krueger they be
included with the outer bills.Motion carried.
DISCUSSEON ON REZONING:on certain areas described previously as C-lA.
The motion by Henry seconded by Holmes that this particular bldg permit.
be granted.Motion carried with Krueger Law voting No.
LETTER:from Chief of Police Wm.Egork on crossing on trafford Road.
The motion by Krueger seconded by Rolmes to accept Police Chiefs recom-
mendation.Motion carried.
L.I.D.#Gr Mr.Gray reported that through a typographical error in
Estimate No.6 &Final for Schedule No.II es the contract with Mc-
Atee &Heathe for Local Improvement District No.9 improvements,the
amount due the contractor was stated to be $4,970.00 when in fact ito
should have been Šl,105.78.That based on the incorrect certificate,
the City had issued arrant No.$2 in the denomination of Š4,646.98
dated August 29,1996.
Mr.Gray further reported that the contractor had recogniz;ed the error
but refused to return the money claiming certain offsets which,in
Mr.Gray's opinion,were not merited,and that the City would have to
bring suit for the return of the overpayment;that bond counsel for the
City recommended that Warrant No.52 be redeemed and cancelled with
the consent of the purchaser thereof,and that a new warrant be issued
in the amount of #782.76,dated August 29,1966;in favor of Wm.P.
Harper &bon &Co.bearing irterest at the rate of four percent (4f)per
annum which said warrant should then be delivered to Wm.P.Harper &
Son &Co,together with cash in the amount of Š3,864.22.That pending
a decision in the suit against the contractor for the return of the
overpayment,the City should provide this eash by transferring $3,864.22'
as a loan from the Park Capital Fund to the Local Improvement Distri¼t
No,9 fund,to be used in partical redemption of said Warrant No.92.
Whereupon,it was moved by Jones seconded by Henry,that Warrant No.92
drawn on the Local Improvement District No.§Fund be ordered redeemed
and cancelled and a new warrant in the amount of #782.76 dated Aug 29,
19§6,bearing interest at four percent (gf)per annum from said date
be drawn upon the Local Improvement Distric.t No,5 Fund in favor of
Wm.B.Harþer &Son &Co.and delivered together with cash in the
amount of $3,864.22 to Wm.P.Rarper &Son &Co.in redemption of said
Warrant No.$2.That the-sum of $3,864.22 be loaned from the Park
Capital Fund to the Local Improvement District No.g Fund to provide
the cash necessary for the redemption of said warrant,same to be
repaid from the collection of the overpayment to McAtee &Heahte.
That in order to pay the costs of engineering services performed in
preparatiòn of the assessment roll for this Local Improvement District
by Gray &Osborne in the amount of $1,000.00,that a warrant be issued
October 9,1996 Cont'd 18
to Wm.P.Harper &Son &Co.in the amount of #1,000.00 dated October10,1996,bearing interest at the rate of four percent (4f)per annum.That the proceeds of said warrant be deposited in the ConstructionFundandawarrantdrawnontheConstructionkundinfavorofGray&Osborne in payment of the aforegoing said services.That to providemoneysforthepaymentoflegalexpenses,bond printing,publicationandincidentalcostsofLocalImprovementDistrictNo.§in the esti-mated amount of $1,250.00,a warrant in the amount of $1,250.00 shallbeissuedtoWm.P.Harper &Son &Co.dated October 20,1956,bear-ing interest at the rate of four percent (Qf)per annum.That theproceedsofsaidwarrantsshallbedepositedintheConstructionFund,and warrants drawn upon the Construction Fund.in payment for saidservicesinfavorofsaidcreditorsuponpresentationofverifiedtillstherefor.Motion carried.The motion by Jones sedonded byHenrytoauthorizetheCityAttorneytoetartsuitagainstMcAtee &Heathe.Motion carried.
RESOLUTION #146:on L.I,D.#§Issuance of Bonds.The motion byHolmessecondedbyJonesResolution#145 be adopted.Motion carried.
The motion by Holmes seconded by Henry that motion of Thorgrimson,he inserted in motion.Motion carried.
Meeting adjourned.
Mabel Watermoa C.M.McCoshCityClerkMayor
i.October 23,1996
The Council met in regular session,the meeting was called to order byMayorMcCosh,councilmen present were Alex Law,Frank Holmes,Merle WestFredKrueger,John Henry,Marshall Burress &Dave Jones.
The minutes of the previous meeting were read,stand approved as correctedBillswereread.The motion by West seconded by Krueger,bills be paidandwarrantsdrawn.Motion carried.
CURRENT EXPENSE:
Warrants Nos.7948 thru 7§69 paid in the amount of #8,782.48
WATER &SEWER:
Warrants Nos.338 thru 3409 paid in the amount of 973.92 '
STREET:
War-rants Nos 1660 thru 1662 paid in the amount of 1,293.63
PARK:
i Warrants Nos.638 thru 640 paid in the amount of 116.27
TRAFFIC CONTROL:
Warrant No 180 paid in the amount of 36.90
NATURAL GAS:Mr.Ed.Starin.gave report on Natural Gas suit against theCity,Mr.Ellsworth gave report on the negotiations with E &I sugar.The motion by Law seconded by Henry to reopen negotiations with Wm.P.Harper &Son for purchase of Gas Bonds.Motion carried.Henry,Law,Burress,Jones,West for,Krueger &Holmes voting No.The motion by Henry seconded by Krueger to ask Harper &Son to submit aproposalthisevening,said proposal to be either accepted or rejectedwithin¼8hours.Motion carried.Proposal read,by Mr.Sherman EllsworthThemotionbyLawsecondedbyWestofferbetakenunderadvisementuntilThrusdayeveningwhenananswerwillbegiven.Motion carried.