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09/14/1994, Special Meeting Minutes2120 MINUTES OF KENNEDALE CITY COUNCIL SPECIAL MEETING - SEPTEMBER 14, 1994 420 BOWMAN SPRINGS RD. - SR. CITIZEN CENTER 7:00 PM. Mayor Abbott called the meeting to order at 7:05 p.m. Members present were Mayor Abbott, Councilman Wright, Mundy, Kirkpatrick Boone and Kovach. Staff present were Ted Rowe, Kathy Turner and Vicki Thompson. ITEM NO. 1 - Award bid for wrecker service. Sergeant Coker briefed Council on the three bids that were submitted by Ken Pearce Wrecker Service, Beards Towing, and Clarence Cornish Wrecker Service and highlighted on the inspections that he conducted on each bidder. In addition, Mr. Coker stated based on the equipment and resources listed by Clarence Cornish Wrecker Service, in the Wrecker bid, and the service already given to the City of Kennedale it was recommended that the wrecker contract be awarded to Clarence Cornish Wrecker Service. Councilman Mundy questioned the number of storage spaces that was proposed in Section 7. Mr. Rowe replied that was not a required response in the bid document and so we did not have a reply, but in the contract it calls for a reservation for the company that gets the contract to state how many spaces would be available for storage of covered parking. Mr. Rowe stated that this would need to be worked out with the contractor. Councilman Wright moved to award the bid to Clarence Cornish Wrecker Service, seconded by Councilman Boone. Motion carried without any opposition. ITEM NO. 2 - Approval of Ordinance No. 58 adopting the budget for Fiscal Year 1994-95. Ms. Vicki Thompson, Director of Finance briefly reviewed the modified changes that council requested and stated that the budget was based on a tax rate of .558864 which balanced the budget. Mr. Rowe advised that the budget was based on the September figures provided by Tarrant Appraisal District which provided another $155.00 dollars worth of revenue. Mayor Abbott stated that taking the rate of .562514 provided by Councilman Mundy and using the September figures this would allow extra funds for the street department to pay off their comp time and he proposed that Council take care of the comp time due on the books. Councilman Mundy moved to approve Ordinance 58 with the provision that the green bar budget be modified to reflect the contributions towards paying off the comp time in the street department, seconded by Councilman Boone. Councilman Mundy, Boone and Kirkpatrick voted aye, Councilman Kovach and Wright were opposed. 2121 ITEM NO. 3 - Approval of Ordinance No. 59 adopting the tax rate for 1994. Councilman Mundy moved to approve Ordinance No. 59 with the modification of the total tax rate of .562514, adjust the maintenance and operation rate, and adjust the interest and sinking rate to reflect this change, seconded by Councilman Kirkpatrick. Councilman Mundy, Boone and Kirkpatrick voted aye, Councilman Kovach and Wright were opposed. ITEM NO. 4 - Approval of Ordinance No. 60 for Ambulance Collections. Council briefly discussed this ordinance and it was the consensus of council that this ordinance needed more review and to bring it before council at a later date. Councilman Mundy moved to table this item to allow legal counsel more time to review the concerns that were expressed tonight and to place this item on the October 13, 1994 council agenda. Second by Councilman Wright. Motion carried unanimously. ITEM NO. 5 - Amendment to Resolution 88-10, City of Kennedale Section 125 Plan. Councilman Kovach moved to amend Resolution 88-10, City of Kennedale Section 125 Plan, seconded by Councilman Boone. Motion carried unanimously. ITEM NO. 6 - Approval of Ordinance No. 61 to amend the City Code to add Section 17-215. Minor Plats. Councilman Kovach moved to approve Ordinance No. 61 as stated above, seconded by Councilman Kirkpatrick and motion carried without opposition. ITEM NO. 7 - General Discussion. Mayor Abbott thanked Council for the work spent on the budget. Councilman Boone thanked staff for their time spent on the budget. Ms. Elam, legal counsel briefed council on Municipal Court of Record. Ms. Elam stated at the present time the city's court is not a Court of Record which results in a loss of revenue due to appeals. In addition, if the city goes to Court of Record, the city will have more authority over ordinance violations and appeals. As a result there will be many benefits and some cost involved which should create an impact on the city's records. Next, Ms. Elam addressed Chapter 30 in the Local Government Code. Ms. Elam said this chapter permits the city by ordinance to create a Municipal Court of Record. In addition to the guidelines stated, the city must have an election to determine whether the judge would be elected or appointed. Furthermore, Ms. Elam highlighted on the procedures to follow to go before special legislature and stated a Record Vote must be taken in order for the court to be effective immediately and recommended Council speak with State Representative, Kim Brimer for proper guidelines. 2122 In closing, Ms. Elam suggested that the City use the General Municipal Court of Record and provide amendments as necessary. Mayor Abbott questioned if the Council needed a resolution to pursue Court of Record, and Ms. Elam replied not at this time. There being no further discussion, Mayor Abbott adjourned the meeting at 8:25 p.m. APPROVED: Mayor B 11 Abbott ATTEST: ~~~ City Secr ary C