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HomeMy WebLinkAbout1978.05.10_City Council MinutesOn Wednesday, May 10, 1978, the Owasso City Council resumed the recessed meeting provided for in the Minutes of May 2, 1978, for the purpose of deciding the acceptance of the Owasso Com- munity Center. Present: Bill Williams, Mayor Harold Charney, City Attorney Robbie Fickle, Councilwoman Wayne Meyer, City Treasurer Boyd Spencer, Councilman Glauhilleau Webb, Deputy City Clerk Don Thompson, Councilman ABSENT: Ron Grimes The meeting was called to order by Mayor Williams at 6:02 PM. Mayor Williams explained the purpose of this meeting was to review and decide whether to accept the Community Center under the pre- sent circumstances regarding the labor dispute between Helm Company the and Gcvernment stating it could be tied up in court two or three years. Harold Charney gave his legal opinion that the punch items have been completed to our substantial agreement and if we take possession we are in the right as we have no liability with the government and that he does not have any misgivings about our taking possession. He stated there is no probation about taking possession, the pro- bation is about giving funds. Boyd Spencer stated he feels confident about taking Harold Charney's legal advise. Don Thompson stated he does not feel comfortable about accepting it. Harold Charney stated that he does not see how EDA would have any dispute with us. Also commented that a lien must be filed within ninety (90) days . It was explained by Wayne Meyer that we would withhold the ten percent (10%) to Roger Helm. Robbie Fickle asked if there is actually a suit filed against Roger Helm and if the building is substantially completed. Harold Charney advised her there are presently no suits filed and that the building is substantially completed. He stated the only problem is Helm has not paid his subs. Bill Williams commented if we were determined responsible, we have the funds to pay the subs if necessary and that a check would be made payable to Roger Helm and the sub. Harold Charney stated the Architect stated it is ready to accept and that is their responsibility to advise us of same. Council Meeting 5/10/78 Page Two Robbie Fickle asked if Roger Helm is the one that did not pay the proper salary and Harold Charney advised her it was the plumber but Helm is responsible as being the primary contractor. Harold Charney took the position that we have not parted with any money, just in the Center using it and we would be doing so on the advise of our City Attorney. Robbie Fickle asked Don Thompson why he was uncomfortable about accepting it and Mr. Thompson said he felt we were prematurely accepting it since the problem is with the Federal Government, not just a contractor; and questioned how it could be substantially completed if all wage requirements have not been met. Harold Charney explained substantial completion covers construction only. Further stated he is anxious to get our people moved into the building since we are paying utilities and insurance. Motion was made by Boyd Spencer we accept Community Center pending Roger Helm's signature, contingent upon City Attorney contacting EDA regarding their opinion of our acceptance, seconded by Robbie Fickle. Ayes - Boyd Spencer and Robbie Fickle. Nays - Don Thompson . "" Mayor Bill Williams motioned meeting be recessed, seconded by Robbie Fickle; meeting was recessed at 6:35. YOR ~~ ~ ~ , ~ DEP rY ~ TY CLERK ~~ .~,