I as the current contract with exception of change of dates project

132

MINUTES

REGULAR CITY COMMISSION MEET I NG OCTOBER 28 1986

The City Commission of the City of Kilgore Texas met in regular

session in the Commission Chambers of the City Hall Tuesday October 28

1986 with the following members present

BOB BARBEE JOE L WHITE ROB SCHLEIER REX WHITTEN

MAYOR PRO TEM COMM ISS ION ER COMM ISS ION ER COMM ISS ION ER

With Mayor Mickey D Smith absent due to illness

In the absence of Mayor Smith Mayor Pro Tern Barbee called the meeting

to order at 7 00 p m Prayer was led by the Reverend Walter Langham Pastor

of the Danville United Methodist Church

With no one present to be heard under Agenda Item No 3 Guests and

Visitors Mayor Pro Tern Barbee recognized the presence of severa l Ki lgore

High School Government students attending the meeting as part of their

semester assignment by Mrs Mari ta Ater Teacher Th ose attending were

Julie Brown Angie Ballard Julie Baton Heather Wi lson Steven Parks and

Chris Helms

Upon call by Mayor Pro Tern Barbee for approval of minutes previously

circulated for review the Commission unanimously a pproved motions as

follows Motion by Commissioner Schleier seconded by Commiss ioner Whi t e

to approve City Commission Minutes for the Regu lar City Commission Meeting

held September 23 1986 and motion by Co mmissioner White seconded by

Commissioner Whitten to approve Roy H Lai rd Board of Di rectors Mi nut es

for the meeting held September 23 1986

The next item for consideration was consideration of approval of an

annual contract with the Little Cypress Utility District LCUD Mr Bill

Hilliard Director of the LCUD was present to present the annual contract

1986 87 Budget and an update of the District1

s activities Mr Hilliard

noted that the District has received notice that itI

s application for a

Water Ri ghts permit is now administratively complete and the technical

review is progressing In regard to said app lication a public hear ing

is scheduled for December 18 1986 in Austin with a ful l hearing to be

sometime in January

The annual budget for the District is 454 200 Mr Hill iard expla ined

that each participating entity will receive quarterly reports of a ll prog

ress and expenditures for quarter funding approval The Ci t y1

s participa

tion in the first quarter wi ll be 12 265 55 with its proposed an n ua l

budget share being 37 312

Mr Hilliard continued with statement that the contract is principal ly

the same as the current contract with exception of change of dates project

ed do 11 ar amounts a difference of unencumbered funds and a provision

for extension of the contract without writing a new one should extension

of this contract beyond September 1987 be necessary

It was further noted by Mr Hi 11 iard that when t he Di strict becomes

self sufficient unexpended revenues will be reimbursed to the four part ici

pating entities

I

I

I

0

LL

I

I

City Commission Meeting October 28 1986

Page 2

Mr Hilliard was then asked to briefly give his views concerning the

involvement of the Te xas Parks and Wildlife in the Little Cypress District

He explained that as a compromise to get the water plan before the voters

initiatives had to come from the environmental community not to oppose

the District This caused the Legislature to insert the Texas Parks and

Wildlife into the application consideration process The Parks and Wildlife

Cammi ss ion carries more party standing than the Water Development Board

but the two have equal standing with the Texas Water Commission Mr Hilli

ard said the Parks and Wildlife Commission does not oppose Little Cypress

Following Mr Hilliards presentation and clarification that the 1986

87 budget is a part of the annual contract motion was made by Commissioner

White to approve the contract as presented Commissioner Schleier seconded

the motion and the vote to approve was unanimous

Next considered under the dee laration of an emergency by Mayor Pro

Tern Barbee was the need for a resolution opposing the perpetual non develop

ment easement sought by the Little Sandy Hunting and Fishing Club for a

3 800 acre tract of land on the Waters Bluff Reservoir site The U S

Fish and Wildlife Services has proposed to accept this easement which

according to Sam Co 11 ins Di rector of the Sabine River Authority of Texas

wi 11 have more adverse affects than people realize in that it not only

could kill the Waters Bluff Reservoir but affect roads highways power

transmission lines and other utility lines

City Manager Cox noted that the Cities of Longview and Marsha 11 had

already adopted resolutions in opposition to the perpetual non development

easement Motion followed by Commissioner Schleier that the City of Kilgore

be res olved to go on record opposing such an easement and in so doing recom

mend the no action alternative set forth in the decision documents and

support the planning and carrying forth of the Water Bluff Reservoir

With second by Commissioner White the Commission unanimously approved

the adoption of Resolution 86 22

With John A Petty Contract Change Orders 2 and 3 for the City s EPA

Westside Co 11 ect ion System Improvements to be considered for approval by

the Commission City Manager Cox gave a brief commentary to bring the Commis

sion up to date on the Petty Contract When the Westside Collection System

Improvements Project was bid there was a difference of 600 804 50 between

Petty s low bid of 1 302 916 and the bid submitted by Ellis Pipeline and

Construction Company in the amount of 1 903 720 50 At the February 25

1986 Cammi ss ion Meeting Change Order No l was submitted with an overage

to the contract totaling 77 000 67 565 of that amount was recommended

for approval At that time Larry Stone of Kindle Stone Associates

Inc projected there would be additional overages approximately 100 000

Mr Stone and City Manager Cox conferred on the matter Mr Stone gave

a letter dated March 21 1986 projecting an additional 14 387 above

the 67 000 bringing the total contract price to 1 379 907 This brought

out the possibility of Change Order No 2

134

Regular City Commission Meeting October 28 1986

Page 3

Mr Cox noted that Change Order No 3 dea ls specifically with the

John Petty Arbitration issue A decision handed down by Arbitor Ralph

Stokes allowed Petty 16 620 of the 165 000 he requested

It was further noted by Mr Cox that there will possibly be another

Change Order Change Order No 4 dealing with a lift station tie in under

ground piping that the contractor was not aware of and different depths

in various manholes all total representing approximately 4 000 additional

costs making a total of all Change Orders 99 871 50

Following verification by Larry Stone present for this discussion

that an additional payment requested by Mr Petty for delivery of sa lvaged

components to the City Warehouse would not be paid since this item was

a part of the contract motion was made by Commissioner Schleier to approve

Change Order No 2 in the amount of 15 601 50 Commissioner White seconded

the motion and it carried with Commissioners White and Sch leier voting

for and Commissioner Whitten voting against

Motion was then made by Commissioner White and seconded by Commissioner

Schleier to approve Change Order No 3 in the amount of 16 620 00 Arbitra

tion decision The vote to approve was unanimous

A discussion was led by City Manager Ron Cox regarding a Draft Environ

mental Impact Statement for the City s proposed East Bypass prepared by

the State Department of Highways and Public Transportation It was noted

that construction of the East Bypass would have no significant effect on

the environment There was no action required of the Commission in regard

to the Statement however motion was made by Commissioner Schleier inas

much as the Commission was in agreement with the Statement to issue a

letter of concurrence Commissioner Whitten seconded the motion and it

carried by unanimous vote

Next to be considered was the City s authority to participate in a

Self Funding Self Insurance Feasibility Study being sponsored by the East

Texas Conci l of Governments City Manager Cox stated that ETCOG has had

several meetings with cities in the area on this matter and they in turn

contacted the Wyatt Company of Da 11 as to conduct the study at a cost of

16 400 Sixteen cities including Kilgore Tyler Longview and Marshall

had indicated they would like to participate in the study with cost for

each city to be based on per capita share Kilgore s share would be approxi

mately 500

The Self Funded Insurance Program would allow the development of

the participants own insurance pool allow a third party administrator

and the cities own coverage for liability and worker s compensation insur

ance Mr Cox identified this program as being identical in concept to

the City s current Health Insurance Program

Motion was made by Commissioner White and seconded by Commissioner

Whitten to authorize participation in the Feasibility Study The vote

to approve was unanimous

I

I

I

0

LL

en

t

I

I

Regular City Commission Meeting

October 28 1986

Page 4

The Commission next considered adoption of Ordinance No 891 authoriz

i ng Updated Service Credits through the Texas Municipal Retirement System

providing for increased prior current service annuities for retirees and

benefi ciaries of deceased retirees of the City The City Manager told

the Commission that this update had been pproved by ordinance for the

l ast three years and if not done yearly it would be necessary to pick

up past years when Service Credits are updated Therefore it would be

easier to do yearly In order to give a cost

cost 265 additional expense for this year

as compared to the current rate of 0596 The

of living increase it would

The new rate wi 11 be 0652

total cost for the annuities

increase wou l d be 40 301 but this would be spread out over a 25 year period

The motion to so authorize was made by Commissioner Whitten seconded by

Commissioner Schleier and passed unanimously thereby adopting Ordinance

No 89 1 with caption reading as fol l ows

ORDINANCE NO 89 1

TEXAS MUNICIPAL RETIREMENT SYST EM

AN OR DI NANCE AUTHOR IZI NG AND ALLOWING UNDER THE ACT GOVERNING

THE TE XAS MUNICIPAL RETIREMENT SYS TEM UPDATED SERVICE CRED

ITS IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEM

BERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF

THE CITY OF KILGORE PROVIDING FOR INCREAS ED PRIOR AND CURREN T

SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED

RE TIREES OF THE CITY AND ESTABLISHING AN EFFECTIVE DATE

FOR SUCH ACTIONS

Next item for consideration was the adoption of the Interlocal Agree

ment with the Texas Municipal League for Workers Compe nsation Joint Insur

ance Fund and endorsement to that fund for volunteer emp l oyees to include

Elected Officials Police Reserves and Vo lunteer Ambulance EMS Attendan t s

After a brief discussion motion was made by Commissioner Sch lei er and

seconded by Commissioner Whitten to approve the agreement The motion

carried by a unanimous vote Then a mo tion was made by Commi ss ioner White

and seconded by Commissioner Sch l eier to adopt the Interlocal Agreement

with the Te xas Municipal League for a Joint Se lf Insurance Fu nd Thi s

motion also passed by a unanimous vote

Item No XI on the agenda was consideration of acceptance of bids

for a pump and appurtenances on Water We 11 No 5 Ch uck Overbeck told

the Comm ission that this was a low producing well and wo ul d only produce

an estimated 125 gallons per minute with the new pump The low bid was

submitted by Layne Te xas of Ki l gore for 8 400 As there was a past problem

with the Layne Te xas Company from a previous contract although their equip

ment met specifi cat i ons and was of good quality Mayor Pro Tern Barbee asked

to pass over Item No XII to enter into Ex ecutive Session to discuss possi

bl e l ega l matters pertaining to the awarding of this bid and take action

as provided by Artic l e 6252 17 Section 2 e f and g V A T C S

When the meeting reconvened Commissioner Whitten made a motion to

accept the bid from Layne Te x as Company of 8 400 for pump and appurtenances

13G

Regular City Commission Meeting October 28 1986

Page 5

Commissioner Schleier seconded this motion The Commission passed this

motion by unanimous vote

The Commission next considered approval of payables With a motion

f rom Commissioner White and second from Commissioner Schleier the payables

were unanimously approved

City Manager Cox and Mayor Smith had discussed changing City Commission

Meeting dates for November and December to the fourth Tuesday of those

months The Commissioners were in agreement and set the dates as November

25 and December 23 at 7 00 p m

With no further business to come before the Commission at this time

Mayor Pro Tern Barbee declared the meeting adjourned

CITY OF KILGORE TEXAS

Cis

c

ATTEST Bob Barbee Mayor Pro Tern

I

I