HomeMy WebLinkAbout1965/11/04-Agenda-Pre-Council AN
MINUTES
FRE-COUNCIL CONFERENCE
NOVEMBER 4, 1905
'resent: Late : Absent:
1. Barr 8. Hoover (Item 1) 9. Sh annon
2. Deen
3. Kemb le
4. .Tunes
5. Stovall
G. Hamm
7. Iagle
I L e in _ Eollok:-Up
1. Bu:, Stop Hench Contract (M&C G-857) GENE: - TEX - prepare new contract For
signature by part ie::.
Ri.rhard Brown, Attorney, and Lee 13-trnes
appearpud before the Council to reque;;t the placement
of :i bus stop bench contract by negotiation rather
th:ua bid-:. Mr. Brot•n :stated that they had agreed on
valaie of the asset:: of the Lngway Corporation and
had agreed with the specifications outlined by the
City for a new 10-year contract on bus; stop benches,
beginnin6 July 1, 195b. 11e said the City would have
no problem with an ab:;entee landlord with Mr. Barnes.
Mr. Tia-o n : sated that a proposal was first -submitted
to the City Manager on July 21st, and that this left
plenty of time until now for others to give the City
notice of any intention to bid on a bus stop bench
contract. He said many other City contracts are
negotiated privately, and that this is not a contract
in which public funds are spent. Councilman Kemble
inquired as to what arrangements had been made for
beautification of the benches. Mr. Brown said that
Mr. Barnes and Mr. king had met with the committee
on arts to arrive at an agreement on the matter and
that his client had worked with the respective ad-
vertisers to encourage more attractive advertising.
Councilman Hamm inquired if his client would be
:agreeable to having benches with no advertisement in
certain residential or park locations. The City Mana-
ger said that the present bus stop bench contract
provides for prohibition of benches in residential
and park areas, and that the provision had not been
well enforced in the past but that the City intends
to enforce it strictly in the future. Mr. Brown also
pored that new bench locations are set after talking with
adjacent property owners. Mayor Barr asked where the
line for bidding on contracts or services is to be drawn.
Mi . Brown :;aid that the contract is apparently not a
competitive service because there had been a long period
of notice on the matter, and that this was a situation
where a professional-type service was to be offered.
Councilman Hamm pointed out that the recent ex-
tension of the contract for the City Hall concession was F.PITY
fb� � R�C�Iauthorized by the Council without sealed bids, and that fb Vin lais experience on the Park Board some concessionITY vLrra Y
contracts were made without sealed bids. He noted that' TT C Fly
the bus stop bench contract is in the final year and FT. wa� �r fCA.
therefore there is a situation where the benches are WORM
likely to deteriorate without the Council taking action --
;oon on a new contract.
Auk
Councilman Hoover pointed out that there are
no bids taken on Lite Stock Show or on l•tuacham Field
airport leases. Mayor Barr pointed out that the old
bus stop bench project was bid originally, and that
originally (this summer) Kingway Corp. had asked for
a :,ealed bid basis for a new contract (requiring
purchase of his assets). The Mayor said he did not
wish to deviate from a standard policy, and that
there would be difficulties later if such was done.
Councilman Eagle commented that Mr. Brown and
M_-. Barnes have already gone through negotiations with
Kingway Corp. , and were agreeable to a minimum gross
receipts tax to the City. He thought the City might
lost money by putting the matter out for sealed bids.
Ilie City Manager commented that specifications for
:sealed bids would set a minimum amount of payment to
City, similar to the payment now agreed to. Council-
man Hamm wondered how the City would require negotia-
tions with the Arts Council in the specifications,
which are ordin.irily now allowed by the police power
of the qty. councilman Stovall said that three or
four week-; ago he furnished a letter on the matter to
the staff, and had asked the staff to distribute it to
the Council. The City Manager said that he had a letter
dated Suptember 8 from Richard Brown and addressed to
Councilman ;,tov,all, but he had not sent it to the Council,
thinking that Lie Council in August had indefinitely
delayed action on the matter and the matter should there-
fore he brought up a,,ain by Council Members.
Mr. brown summari%,.ed the arguments he was making by
saying, he and his client would prefer a negotiated contract
but would be willing; to !-ubmit a bid if that was the Council 's
de;, _re. Mayor Barr and firs. Deen commented they thought the
matter should be put to sealed bids after advertising. Coun-
c; lman Hoover said that since the contract would not go into
effect until. -July 1, 1966, he thought if it was bid that it
should be done about 90 days before expiration of the present
contract.
Mayor Pro- Eem Jones asked why the staff recommended
putting; the contract supervision under the Utilities Super-
visor. The City Manager replied that the Utilities Supervisor
was. in a better position to supervise such contracts than is
the Public Works Department, as evidenced by the little super-
vision given the present contract. There was no further dis-
cu5sion of this matter in the Pre-Council Conference. At the
regular meeting a motion was made to authorize Mr. Barnes to
assume the present Ringway contract, and granting a ten-year
new contracC from July 1, 1966 to Mr. Barnes, under terms
and conditions mutually agreed to previously. Voting 'eyes"
were Councilmen Hamm, Eagle, Stovall, Kemble, and Hoover.
Voting "no" were Mayor Barr, Mrs. Deen, and Mayor Pro-Tem
Jones. This was approval of alternative 4 of M&C G-857.
_.
Regulation of Food Vendors (M&C G-860) NAN
Councilman Hamm expressed concern about theQ�� ��i RECORD second paragraph of M&C G-860, which states that `i!. R !R1
the matter of a food vendor offering his services �+f�y C � y
on the street in competition to an established food CITY yEDRETARI
vendor on private property cannot be regulated under _ �IE11y
the police powers. He asked that some solution to the FT. WORN, .
problem of this unfair competition be included in the
ordinance. The City Attorney said that the only way
-3-
AWk
he Lhought this matter could be handled is by banning
all food vendors from use of the streets except to
`ransport the goods. }!e said that the City cannot
regulate under the police power the matter of compe-
tition, and that this was the open market of free
enterprise and not a legitimate concern of this
ordinance.
Councilman hoover inquired whether this ordinance
would cover milk men and other such food vendors. City
ALLorney said that while the distinction was not abso-
lutely clear in the ordinance, it was obviously the
intent not to include such vendors in this ordinance.
There was no further discussion of this item at
Lite Pre-Council Conference, but at the regular Council
meeting Councilman Hamm asked to hold over this matter
f(-r further consideration, which was done.
3. There was inadequate Lime at the Pre-Council NAN
Conference to discuss the following subjects:
1) Architectural plans and drawings for the
Fire and Police Training Center (M&C C-595)
2) Assessment paving at 21 locations on the
Southeast Side (M&C C-592)
3) Fort Worth Cab and Baggage request for
increased rates
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