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HomeMy WebLinkAbout02-26-1974 SS I I I SPECIAL MEETING 2-26-74 PRESENT: Mayor Vandergrift, Comms. Crawford, Hamby, Harper and Lyle. ABSENT: None. 1 . Mr. McClendon came on behalf of Orange County stating he had been instructed by his office to inform the council that the County wants Flewelling Rd. restored to its' original condition before Hodes Construction began construction in that area. Mr. Cowherd came before Council stating that Orange County contends Flewelling Rd. is their road and they had instructed Hodes to pave the North 9' of said road yet the City had made Hodes put up a performance bond of twice the amount of paving said road. Mr. Cowberd also stated he would give the City 52300.00 toward the cost of paving Flewelling Rd, but he ask that the road be paved to the County's satisfication (Basic Asphalt had stated to the City Manager it would cost 53900.00 to pave Flewelling Rd. correctly.) lYlr. and Mrs. Varnes of said area came before Council contending that Flewelling Rd. was a good road until Hodes Con- struction tore it up. The City Attorney informed Mr. Cowherd that the City Council had read the letter from Hodes Con st. at their last meeting but that the City had not entered into any agreement with Hodes. Comm. Hamby suggested that Hodes pay the $2300 and Orange County pay the difference to pave entire road. Hodes Const. Attorney, Mr. Hornsby, came before Council stating Comm. Hamby's suggestion was a very good one and he felt the City should pursue this course. Mr. Varnes stated to council if something was not done a- bout the condition of said road very soon he intended to bring charges against City, County, and Hodes for damages done to his property and repaired at his expense. There was much discussion concerning the ownership of Flewelling Rd. Comm. Lyle stated if cutting off Hodes Const. building permits was the only way to get the road paved he was all for doing so. Attorney Hornsby stated if this was dOne it would result in a ~million dollar law suit. City Attorney in answer to Mr. Hornsby stated no one had a right to building permits if they operated to the detriment of the City. City Attorney asked I I I -2- 2. Mr. Cowherd if the City could get a firm bid of $3900.00 to pave said street would Hodes Const. pay that? Mr. Cowherd stated he was not in a position to make that offer. Comm. Harper made a motion to support Orange County in their action with Hodes CORst. in restoring Flewelling Rd. in its entirety to a condition acceptable by the County with a final report to be submitted to the City within 30 days, seconded by Comm. Crawford. Unanimous. The Mayor called a five minute recess. ~ White Rd. - Mr. Folsom of Bel-Airs Subdivision came before Council stating he had received a bill from the City in the a- mount of $13,116.45 for what the City contends is his share (ithe cost) of paving White Rd. Mr. Folsom contends all he ~ ever agreed to pay was his share of paving said road which he contends is $8,636.00(l056' assessed footage), while the City contends that Bel-Aire was to pay one quarter, Kent Tyus one quarter and the City would pay one half as is reflected in the minutes of 9-18-73 Council meeting. The City Manager played the Commission meeting tapes of 11-21-72 and 9-18-73. The aforementioned tapes revealed that Mr. Goodman of Bel-Aire West committed his company to pay a fair share of the paving on Lakewood Ave. The information on ~ the tapes also indicated Mr. Tyus was present at 9-18-73 -~ meetlrlg and in c6mpTete- a-gree~~~t o~f- pav(ng his one quarter share of tI1f1ite Rd. The 'city Manager stated that on the morning be- fore the 9-18-73 meeting he met with Mr. Tyus and Mr. Folsom and they discussed the aforementioned and it was his under- standing that they were in agreement as to what portion each would pay. There was much discussion on this matter. The City Attorney suggested having another meeting with Mr. Folsom and Mr. Tyus present and before that meeting he would check on the laws pertaining to Leins to adjacent properties and assessment possibilities. The City Attorney asked Mn Folsom if he would pay the $8636.00 now and negotiate on the remainder of $13,116.45. Mr. Folsom stated before he made any payment he wanted this matter settled. ~ After much discussion it was decided that the City Attorney would research and recommend a recourse on Leins and assessments at next Council meeting. It was also decided that Mr. Folsom would be assessed the 5% recreation fee immediately. Mr. Folsom stated the purchase value of ~aid property was $120,000.00 I I I -3- . The City Manager stated this recreational assessment would be $6000.00. Comm. Hamby made a motion to pQint the new Bell #361 and to look into the cost df painting tank the same color, seconded by Comm. Harper. water tank Blue the old water Unanimous. The Mayor declared the meeting adjourned at 10155 P.M. c;~~ Q G~ .City erk -r:rs~d+r