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HomeMy WebLinkAbout01/22/1979 City Council 000305 MINUTES OF THE BOARD OF ALDERMEN OF THE CITY OF THE COLONY, TEXAS HELD ON JANUARY 22, 1979 A Special Session of the Board of Aldermen of the City of The Colony, Denton County, Texas was called to order with the fol- lowing members present: William J. Longo Mayor Clint Davis Alderman Linde A. Adams Alderman Sandra Shearer Alderman Gary Shipman Alderman Gene Pollard Alderman and a quorum was established. 1) EXECUTIVE SESSION Mayor Longo stated that agenda item one would be postponed until the arrival of Robert Dillard, attorney for the City. 2) CONSIDER OFFICIAL CANVASS OF HOME RULE ELECTION RETURNS The following Order was presented and passed by 2he City Council. ORDER OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVAS- SING THE RETURNS AND DECLARING THE RESULTS OF THE HOME RULE CHARTER ELECTION Be it remembered that on the 22 day of January, 1979, at a meeting of the City Council of the City of The Colony, Texas a quroum being present, the meeting was called to order and the following business was transacted, to-wit: Upon Motion of Councilman Linde A. Adams, and seconded by Councilman Clint Davis, it was unanimously ordered that the City Council consider the official returns of an election held in the City of The Colony, Texas, on January 20, 1979, to answer the proposition submitted to the voters "for the adoption of the Charter" or "against the adoption of the Charter". Whereupon' said official returns were opened, examined, canvassed and the results declared a.s follows: That the following number of votes were cast on the propositions "for the adoption of the Charter" or "against the adoption of Charter", to wit: ANSWER NUMBER OF VOTES FOR THE ADOPTION OF THE CHARTER 175 AGAINST THE ADOPTION OF THE CHARTER 32 It appearin,g that the proposition "for the adoption of the Charter" received 175 votes and the proposition "against the adoption of the Charter'~ received 3£ votes, it is hereby declared that a majority of the qualified voters, voting at said election, have voted "for the adoption of the Charter", it is hereby declared and ordered that the Charter is adopted as proposed. It is further ordered that the Mayor, as soon as practicable, certify to the Secretary of State of Texas an authenticated copy of the Home Rule Charter under the seal of the City of The Colony, showing the approval by the qualified voters of such Charter, and that he forward 000307 to the Secretary of State a true copy of said Charter along with a copy of this Order and the Certification. It is further ordered that the City Secretary record at length upon the records of the City of The Colony, in a separate book to be kept in the office of the City Secretary for such purpose, the Home Rule Charter as adopted. Upon the recording of the Charter by the City Secretary, it shall be deemed a public act and all Courts shall take judicial notice of the same and no proof shall be required of it in any Cot~rt. That this order declaring the results of the election, canvassing the returns, and ordering the same entered upon the records of the City shall become effective immediately after its passage. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, on the 22 day of January, 1979. APPROVED: /s/ William J. Longo, Mayor ~sS// Linda A. Adams, Councilman Gene Pollard, Councilman lil Sandra Shearer, Councilman Gary D. Shipman, Councilman Glint Davis, Councilman ATTEST: /s/ ganice Carroll City Secretary 1) EXECUTIVE SESSION Upon the arrival of Robert Dillard, Mayor Longo announced that the City Council would meet in Executive Session dealing with pending litigation. 3) CONSIDER REVIEW OF STREET LIGHTING ON SECTION #21 Isaac Br~dburry, Director of Community Development, presented the plat prepared by Texas Power & Light showing the locations of the street lights in Section #21 at ~ ~equest of Fox & Jacobs, Inc. The Council was concerned that there were dark areas on streets that contained long blocks with no intersections. Councilman Adams requested that the Council be provided with information regarding the scope of the light from each fixture so that a correct decision can be made. Councilman Adams moved to table this agenda item for further information. Seconded by Councilman Shearer, the motion was passed by a roll call vote: Ayes: All members present voted aye Noes: None 4) CONSIDER ENGINEERING CONTRACT REGARDING TRAFFIC SURVEY GRANT Mr. Hart introduced Sayed Omar. At this time, Mayor Longo stated that H. Louis Nichols, Senior Partner in the firm of Saner, Jack, Sallinger, & Nichols, attorneys for the City, has given a legal opinion which states that the contract is not in force. Mayor Longo then read the legal opinion dated January 22, 1979. Councilman Pollard then moved that the Council enter into discussion with Sayed Omar. -- Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye No es: None Mr. Omar introduced Tom Stallworth, his associate, to briefly explain the technical and professional task that would be accomplished by~ Mr. Omar to increase the safety for the City. Mr. Stallworth also gave the -2- 000308 Council the legislative background for this traffic study grant. ~0~m~OilmanDavis asked what are the short range advantages. Sayed Omar answered that he would like to review the contract first and then answer COiacilman. Davis' es question. C.o~uncilma~ Pollard asked that in this review, Sayed state what work has been accomplished and the time frame. Mr. Omar reviewed the following ten contract items: Task #1 - Prepare tables and maps: Mr. Omar stated that this item was 25~ complete. He has been in contact with John Keller to make the state aware of the proposed study and to obtain data regarding traffic counts, traffic signal problems, and problem intersections. He added that he is also in the process of preparing a base map. This work was accomplished between December 18 and December 25, 1978. Task #2 - Identify ~otentially hazardous locations through the review of accident, records and on-site investigation: A report has been compiled from City accident records dated December 29, 1978 and a collision diagram graph has been done for several intersections; however, this does not include tragfic flow counts, explained Mr. Omar. He does plan to go tb the state files for other accident records. Task #3 -Evaluate the present level of service and traffic cirou~a- tion plan on existin~ streets: Mr. Omar said that nothing has been done to determine immediate and long range solutions to street deficiencies. Task #4 - Inventory and analysis of regulatory and warnin~ traffic signs and pavement marking: This will include a card inventory file of all street signs which will be a part of the City records when completed. The planning, approximately ~ of the work, has been completed reported Mr. Omar. Task #5 - Conduct an inventory and analysis of roadway construction and maintenance standards: Nothing has been done in this area, Mr. Omar reported; but a construction and maintenance manual will be prepared for the City. Task #6 - Identify location where future traffic signals are warrant~: 0nly the planning (~) has been accomplished in this area, Mr. Omar explained. Task #7 - Analyze on-street parking and manemverability: This also is only in the planning stage, no work has been accomplished, stated Omar. Task #8 - Develo~ a school traffic safety program: He stated an invento~ry of all streets around school areas will be made. Sayed did note that the proposed zoning ordinance did not specify street width or required parking spaces per land use. Task #9 - Review of existing traffic codes and ordinances pertinent to traffic control: Mr. Omar stated that this item was 20%o complete. Task #10 - Develop an overall program for implementing proposed improvements and suggest possible sources of funding: This is complete but represents only 5~ of the work to be accomplished. After a lengthy discussion, Gouncilman Shipman moved to ratify the contract previously signed by Mayor Longo on December 18, 1978 with Sayed Omar with the stipulation that the City will be responsible for only items 4a and 4b under provision .~. of the Texas Safety program Contract, Statement of Work. The motion was seconded by Councilman Pollard. Prior to voting, Councilman Pollard stated that all other items listed under item four would be handled by Sayed Omar acting as the City's agent. Mayor Longo then stated that in view of the new legal opinion he would like to apologize to the Council; however, it was not his intent to bypass the powers of the City Council. Councilman Pollard stated that it was not his position to question the Mayor's "intent" only the "legal authority" and to clarify that all contracts must be brought before the City Council and reviewed by the attorney prior to signing. Mayor Longo then directed Mr. Omar to channel all information through the City Manager. It was so noted. The Mayor called for a vote on the motion on the floor. The motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -3- 000309 Councilman Shipman then suggested that Sayed check ambulance run records also regarding accidents that have happened in the City. Sayed agreed and then ra~luested that an official letter to proceed be mailed to his office. Mayor Longo agreed, and directed Mr. Hart to draft the letter as soon as possible. 5) CONSIDER APPOINTING CITY OFFICIALS UNDER NEW CHARTER Councilman Pollard state that under the Charter all officers retain their position and do not need to be reappointed; however, a City Manager must be appointed by a motion and vote of the the City Council. Councilman Davis moved to appoint Tom Hart as City Manager for the City of The Colony. Seconded by Councilman Shearer, the motion was carried by the following roll.call vote: Ayes: Ail members present voted aye Noes: None 6) EXECUTIVE SESSION Mayor Longo announced that the City Council would meet in Executive Session dealing with Personnel. Upon reconvening in open session and there being no further action to be taken by the Council., Councilman Davis moved to adjourn. Seconded by C~uncilman Shearer, the motion was passed by the following .roll call vote: Ayes: Ail members present voted aye Noes: None Mayor Longo adjourned the meeting at 11:30 p.m. William J .~ngo ~ ~ Mayor ,.1 ani~ ~grroll Ci .t! ~cretary