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HomeMy WebLinkAbout03/28/1984 City Council00168 reviewed the Resolution he had prepared. He advised the Council that before a contract can be entered into for a new Municipal Complex, it would be necessary for the City to have one of three things, 1) Ready funds in the Bank, 2) Bond funds set aside, or 3) Projected revenues within the current budget to cover it. Otherwise, it would not be a valid contract. After a brief discussion, Mr. McGrath said that a Letter of Credit for the full amuont of the bid could be procured and given to the City. Mayor Sample then read the following Resolution aloud: RESOLUTION A RESOLUTION REJECTING ALL BIDS RECEIVED ON A 13.606 ACRE TRACT OF LAND (SUBJECT PROPERTY) AND INSTRUCTING THE CITY MANAGER TO PROCURE BIDS ON THE SUBJECT PROPERTY AND TO OBTAIN THE HIGHEST AND BEST BID AVIALABLE AND BRING SAID BIDS TO THE CITY COUNCIL WITH A WRITTEN RECOMMENDATION WHEREAS, pursuant to and in accordance with Tex. Rev. Civ. Stat. Ann. Art. 5421c-12, the City Council advertiesed for and solicited bids for the sale of Subject Property, all as fully and completely described in the Notice; and WHEREAS, 2:00 p.m. March 6, 1984, was the day and time for bids to be received and no bids were received; and WHEREAS, the City Council, again advertised for bids pursuant to Tex. Rev. Civ. Stat. Ann. Art. 5421c-12; and WHEREAS, the City Council received and opened bids on the 19th day of March, 1984; and WHEREAS, two (2) bids were submitted and the City Administration and City Council have thoroughly reviewed both bids and concluded that neither of the bids were satisfactory and acceptable; one being below the market value and the other being on terms rather than cash; and WHEREAS, the City needs to sell and convey the Subject Property for cash at the market value immediately in order to allow the City to proceed to award a construction contract on a muchly needed City facility; and WHEREAS, there is no immediate or future need for Subject Property; and WHEREAS, the City Council does find that an urgent public necessity exists necessitating the sale of Subject Property; and~ WHEREAS, the City Council finds that the City has substantially complied with the letter, spirit and intent of TeK. Rev. Civ. Stat. Ann. Art. 5421c-12; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY: Section 1: That all of the matters in the preamble are found to be true and correct and are hereby incorporated into the body of this Resolution as if copied in their entirety. Section 2: That both bids for Subject Proeprty received on teh 19th day of March, 1984, are hereby rejected. Section 3: That the City Manager is instructed and directed to seek bids (offers) on teh sale of Subject Property in accordance with the following conditions: A. All bids (offers) be in writing; B. Bids be obtained from two (2) or more bidders, with both previous bidders being given an opportunity to submit bids; C. Ail bids shall be reviewed and analyzed by the City Manager and the bids along with a written recommendation shall be MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS HELD ON March 28, 1984 A SPECIAL SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. at the City Hall with the following members present: Larry D. Sample Mayor Scott North Councilman ~"~ Noel Long Councilman Norman Adeler Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman With all members present, a quorum was established. PLEDGE OF ALLEGIENCE Mayor Sample led the Council and members of the audience in the pledge to the United States flag. Mayor Sample announced that an Emergency Agenda Item had been prepared and posted calling for a Closed Door Session regarding the settlement of the Eberhart vs. IBM and The Colony suit. He advised it would be addressed after agenda item #2. 1. CONSIDERATION OF AWARDING OF BID FOR A 13.606 ACRE LAND TRACT GENERALLY LOCATED WEST OF FM423 AT SOUTH COLONY BOULEVARD Mayor Sample gave a brief history of everything that has taken place to date. He said, as of the bid date, two bids were received. They are as follows: Margie Sweden & Jerry Smith - Cash - $1,333,524.00 or $2.25 per square foot. Shawn McGrath & Nick Oprea - Terms & Conditions - $3.00 per net Square Foot or a portion thereof Mayor Sample stated that a meeting with Mr. McGrath and Mr. Oprea had taken place to determine what the term $3.00 per net square foot or a portion thereof ment. He said they also discussed the terms for the bid, specifically the way the money was to be paid out. He went on to say they asked for a "buy down option" as well as a "five year option". With these terms and conditions, it all seems to boil down to what really is the high bid. It was at this time that Mr. Oprea presented the Council with an addendum to his original bid. Mayor Sample reviewed it aloud with everyone present. He then turned the floor over to Mr. John Boyle, City Attorney, and said there now seemed to be some question in his mind as to whether or not the original bid has been changed. Mr. Boyle said, in his own judgement, the information received tonight from Mr. Oprea should have been included in the original bid itself. It was his opinion that this information would make this a negotiated bid as opposed to a competitive bid as required by Article 5421c-12 of the Tex. Rev. Civ. Statutes. Mayor Sample briefly reviewed the SWeden & Smith bid aloud. He said that even though it is the low bid, it is for cash as specified in the bid form sent out to all bidders. After a brief discussion, he told the Council it had three options, 1) accept a bid, 2) reject all bids, or 3) do nothing at the present time. If all bids are rejected, legal opinion is that the Council could negotiate a contract. Mr. Boyle then submitted for City Council review at the meeting of April 2, 1984. Section 4: That this Resolution shall take effect from and after its passage. /s/ Larry D. Sample, Mayor 0~168[~ Councilman Amick said he would like to see Section 3-C reflect a committee to include the City Manager, Mayor and one City Councilman. Councilman Dodds then moved to accept the Resolution as presented provided Section 3-C reflect that all bids shall be reviewed and analyzed by a committee to include the City Manager, Mayor and one City Councilman as suggested by Councilman Amick. Councilman Poole seconded the motion. The motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample appointed Councilman Amick to the committee. All Council members agreed with the Mayor's selection. 2. CONSIDERATION OF AN ORDINANCE CALLING TWO (2) PUBLIC HEARINGS FOR THE ANNEXATION OF A 302.462 ACRE LAND TRACT GENERALLY LOCATED ON WYNNEWOOD PENINSULA Mr. John Boyle, City Attorney, explained why he recommended this annexation to be done a second time. His reason being the Municipal Annexation law is vague and to be confident we meet all requirements, two public hearings, one on s~te and one at City Hall should be held. Janice Carroll, City Manager, said for the record, the original annexation Ordinance and Service Plan were adopted by Ordinance #275 and is on file in Denton County in Volume 1357 page 66. In accordance with the Municipal Annexation Act, she read the Service Plan as follows: SERVICE PLAN Service Plan for a 302.462 acre land tract generally located due north of the northwest City limit boundary on Wynnewood Peninsula. In accordance with 970A Section 10B VACS the following is a statement of governmental service that must be provided in sixty days and capital improvements that must be pro- vided in two and one-half years. 1. Presently the City does have a contract with Denton County to provide fire protection to this area and this service will be continued. Ambulance service can be provided immed- iately. This land is not developed and has few inhabitants. A large number of medical calls is not expected. 2. The Police Department will review immediately the provision of a new district which will provide for patrol of this area based upon need. 3. Waste collection can be provided upon request. 4. Road and park maintenance can be maintained. There are no recreational facilities on this land. 5. No capital improvements, i.e., streets, fire station, etc., are needed until the land is subdivided consequently developed. 6. Water and sewer service is not provided by the City. This area can request to be included into The Colony #1 Municipal Utility District for these services. She then reviewed the annexation time table as prepared by Janet Gadd, City Secretary. The publication of not~ce would be April 5th, conduct the hearings at the regular scheduled meeting April 16th, therefore making the earliest date for passing the Ordinance, May 7th, 1984. Mayor Sample then read the following ordinance caption: 0016~'~ ORDINANCE NO. AN ORDINANCE CALLING TWO (2) PUBLIC HEARINGS IN ACCOR- DANCE WITH TEX. REV. CIV. STAT. ANN. ART. 970a MUNICI- PAL ANNEXATION ACT AND SECTION 1.03, OF CHAPTER 1 OF THE HOME RULE CHARTER OF THE CITY OF THE COLONY, TEXAS, ADOPTED JANUARY 20, 1979, FOR THE PURPOSE OF CONSIDERING THE INSTITUTION OF ANNEXATION PROCEEDINGS TO ANNEX ALL THAT LOT, TRACT, PARCEL OF LAND DESCRIBED IN EXHIBIT "A" WITH THE FIRST PUBLIC HEARING TO BE CONDUCTED ON THE 16th DAY OF APRIL, 1984 AT 7:00 O'CLOCK P.M., AND WITH THE SECOND PUBLIC HEARING TO BE CONDUCTED AT THE CITY HALL, 5576 NORTH COLONY BOULEVARD, THE COLONY, TEXAS AT 7:30 O'CLOCK P.M. ON THE 16TH DAY OF APRIL, 1984 PROVIDING FOR PUBLICATION OF NOTICE. Councilman Dodds moved to accept the Ordinance as presented. Seconded by Councilman Amick, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample announced at 8:15 p.m., the Council would now go into Closed Door Session as authorized by art. 6252-17 of V.A.C.S. and called for in the Emergency Item Agenda Notice, to discuss possible settlement of the Eberhart vs IBM and The Colony suit. At 8:30 p.m., Mayor reconvened in open session and announced that the City Attorney has advised the City that it can settle this law suit for $5,000. Councilman North moved to instruct the City manager to have a check properly drawn up in the amount of $5,000 as settlement from the City of The Colony. Seconded ._. by Councilman Amick, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 3. REVIEW OF THE FEDERAL EMERGENCY MANAGEMENT PLAN Fire Chief, Ronnie Gothard, reviewed with the Council a plan of action to be used in case of a disaster. He stated that since the Mayor is the highest elected official, he would be the Emergency Management Director for the City. He reviewed four different conditions of the plan which tell of varying degree's of concern or risk. He went on to say the City Hall would make a good E.O.C. (Emergency Operations Center) because all the communications equipment is located there. If power to the communications center is out, the E.O.C. would be established elsewhere. He then briefly reviewed what everyone's responsibilities would be in an emergency situation. He added that the Emergency Warning System is only sounded when there has been a siteing or iminent danger. After viewing a film on the subject, followed by a lengthy discussion, Council agreed a drill is a necessity inorder for everyone to be ~ aware of their duties and be prepared to carry them out if necessary. Chief Gothard stated that "cooperation is the key to a successful E.O.C." With no further action to be taken by the Council, Councilman~ Dodds moved to adjourn the meeting. Seconded by Councilman North the motion passed with the following roll call vote: Ayes: All members voted aye Noes: None 001685 Mayor Sample adjourned the meeting at 10:38 p.m. Approved: .~'~le, ~ayor ~ Attest: Jan~add, City Secretary (SEAL)