CM 1972-06-19COUNTY OF DALLAS
STATE OF TEXAS
The City Council of the City of Coppell met in regular session on June 19,
197Z, in the fire station.
The following members were present:
Bob Hefner, Mayor Pro Tem
Bill Harris, Councilman
Don Carter, Councilman
Sam Tiner, Councilman
Mayor Hulen Scott was not present because of illness in his family.
Councilman James Henderson was not present. Also present was City
Attorney Larry Jackson and City Engineer Derrell Johnson.
The meeting was called to order and the audience asked to stand while
Councilman Tiner gave the invocation.
The minutes of the previous meeting were read and the following correction
noted: On the free sewer tap granted to Mr. Parfish, Mr. Cozby stated
that this was the only outstanding verbal agreement made. Mayor pro tem
Hefner stated that the Council is not setting a precedent in agreeing to
this free sewer tap. Councilman Carter moved that the minutes be approved
as corrected. Councilman Tiner seconded; motion carried 3-0-1 with
Councilman Harris abstaining.
The first item was the approval of bills. Those presented were:
Water Department 57.5~ '
General Government $1,795.
Councilman Harris moved that all bills be approved for payment except
the attorney's bill for $1,795.0Z; Councilman Tiner seconded and motion
carried 4-0.
Next, Judson Shook, representing Dallas County, was introduced. He
stated he was there to answer any questions the Council might have concerning
the Bethel to Beltline extension. He also stated that no matter what route
was decided upon, there would definitely, be more traffic. in front of the
school. Also his offices have received objections to both proposed routes,
and it was his opinion that this project is not ready to be started on at this
time. After considerable discussion, this item was tabled at this time.
The discussion of possible water rationing was the next item. Mr. Vanbebber,
water superintendent,. was asked if, in his opinion, the City needed the
rationing;' at this time~ and Mr. Vanbebber stated that he did not think the
water needed' rationing now. Councilman Carter moved that this item be
put on the agenda on a weekly basis until such time as the water superintendent
thinks there is need to consider it. Councilman Harris seconded; motion
carried 4-0.
Mr. Wallace Campbell, representing Hersey Water Meter Company
presented his discussion of the water meters his company makes. After
a demonstration of the meters and the Council receiving Mr. Vanbebber~s
approval of the meters, Councilman Carter moved that Mr. Vanbebber
be authorized to sign a purchase agreement for a period of one year to
purchase meters at the price stipulated in the purchase agreement.'
Councilman Tiner seconded; motion carried 4-0..
The next item was a review of Ordinances #81 (creating office of city
administrator) and #82 (creating office of building official).- City Attorney
Larry Jackson stated that as the city' s attorney, he felt that portions of
Ordinance #81 were in conflict with the type of government that the City of
Coppell is operating under; namely, Section 4, Division A, stating that
the city administrator's powers and duties include the right to "hire,
retain, suspend or terminate salaried employees of the city except as
he may authorize the head of a department or office to appoint, . suspend
or remove subordinates in such department or office." Coppell's:-government
structure requires that the Council have the powers and duties stated above
and that they cannot delegate .that power to any other official. Another
conflict is Section 4, Division B, stated that the city administrator "prepare
the budget annually and submit it to the Council together with a message
describing the important features and be responsible for its administration
after adoption." The attorney stated that .the mayor should be the person
~ to submit the budget even though the city administrator would probably be
~ * the one to see that it is prepared. I Section 4, Division I, stating that the
city administrator "supervise the purchase of all materials, supplies and
.... equipment for which funds are provided in the budget; let contracts necessary
for operation or maintenance of city services for amounts up to and
including $ , receive sealed bids for purchases or contracts in excess
of $ , and. present them to the Council for approval and advise the
Council on ,the advantages or disadvantages of contract and bid proposals.
purchase Shall be made, contract let or obligation incurred for any item or
service which excee.ds the current budget appropriation without a supplemental
appropriation by the Council. No contract in excess of $ and no
contract for new construction shall be let except by. the City Council. The
administrator may issue such rules governing purchasing procedures
within the administrative organization as the Council shall approve."
This division is in conflict mainly with the receiving and presenting of
sealed bids. Section 4, Division M, stating that the city administrator
"perform such other duties as may be required by the Council, not inconsistent
with the City Charter, law or ordinances." Since the City of Coppell does
not have a city charter, this division is not correctly stated. Section 5
stating "The City Administrator shall have sole authority to hire, suspend
or remove salaried employees of the city, without prior approval of the
City Council and Mayor, when such activity is in furtherance of city plans,
ordinances, contracts, evidenced in writing by the City Council and the
Mayor." Again this is in conflict with the type of government the City of
Coppell is operating under. Councilman Carter moved that the attorney
prepare a new city administrator's;ordinance to be submitted to the council
next week for their consideration and that the new ordinance change that
part of SeCtion 3 of the present ordinance stating, "shall pay his salary for
two calendar months following the final removal date. ", to read that
the salary will be paid for one regular pay period following removal of office;
that in Section 9 reading "Any vacancy in the office of City Administrator~
shall be filled within 60 days after the effective date of such vacancy.", this
section read that such vacancy be filled as soon as practicable. Councilman
Tiner seconded the motion which carried 390-1 with Councilman Harris
abstaining. Mayor pro tern Hefner stated that these changes are not directed
against the present city administrator, but is in consideration of the present
city administrator and all future administrators.
The City attorney stated that the only cection of Ordinance #82 in conflict
with the type of government the City of Coppell operates is Section 2 stating
"The building official shall be appointed by the city administrator. His
appointment shall continue during good behavior and satisfactory service,
at the discretion of the city administrator." Councilman Cart er moved
that the city attorney prepare a new building official ordinance deleting Section 2
and present it for the Council's consideration next week; mayor pro tem
Hefner seconded; motion carried 4-0.
The next item was the review of the building official's records and time
accountability as established in Ordinance #82, Section 7. After reading
the records, the Council stated that it was not satisfied with the time log
and records presented and that the suspension of the building official remain
in effect.
Next Derrell Johnson stated that the TRA contract will be ready for the
board meeting of TRA which will be the third Friday in July. This contract
is for the water line that will come from the City of Dallas's delivery
point to the City of Coppell's existing system. He also stated that they are
hoping to have an opening bid date of August 15.
Councilman Carter then requested the mayor pro tem make a decision as
to whether or not a vacancy existed on the Council. After checking the
minutes, Mayor Pro Tem Hefner stated that such a vacancy did exist.
Councilman Harris stated that he did not believe the Council could take
this action at this time and he would not sit on the council to declare a
vacancy. Councilman Carter moved that Mike Miller be appointed to
fill this vacancy until the next regular election. Councilman Carter
stated that his reasons for this nomination was that Mr. Miller was the
people's fourth choice in the previous election and that it was his personal
feelings that Mr. Miller would be concerned with the welfare of the City
of Coppell. Councilman Tiner seconded and motion carried 3-0. Councilman
Carter moved that Mayor Pro Tem Hefner contact Mr. Miller and see if
he would be willing to serve in this position. .Councilman Tiner seconded
and motion carried
Reverend L. R. Simons was recognized from the audience. He is requesting
a permit to have a day nursery in the Baptist Church on Bethel Road.
It was decided this item will be put on next week's agenda for consideration
at that time.
The meeting was then adjourned.
Bob Hefner, Mayor-Pro Tern
ATTEST:
Dorothy Timmons, Acting City Secretary