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HomeMy WebLinkAbout03/05/1979 City Council 000335 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS HELD ON MARCH ~, 1979 A REGULAR MEETING of the City Council was called to order with the following members present: William J. Longo Mayor Clint Davis Councilman Linda A. Adams Councilman Sandra Shearer Councilman Gary Shipman Councilman and Councilman Gene Pollard was absent; however, a quorum was established. I. NEW BUSINESS 1.CONSIDERATION OF AN ORDINANCE CALLING A MUNICIPAL BOND ELECTION TO BE HELD APRIL 7, 1979. Mr. Hart, City Manager, presented the following ordinance to the Council for their review and approval: ORDINANCE CALLING A BOND ELECTION THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF THE COLONY : WHEREAS, it is deemed necessary and advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found and determined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY: ~. That a bond election shall be held on April 7, 1979 at the City's regular election in said City at the following designated polling place: KameyElementary School Gymnasium The Colony, Texas Said City shall constitute a single election precinct for said election, and the following election officersare hereby appointed to hold said election: Presiding Judge: Rose Ashman Alternate Presiding Judge: Glenda Davis 2. That absentee voting shall be conducted by the City Secretary, Janice Carroll, at the City Secretary's Office at the City Hall, The Colony, Texas. 3. That the Presiding Judge shall appoint not less than two qualified election clerks to serve and assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. OOO331] 4. That by approving and signing this Ordinance the Mayor of said City officially confirms his appointment of the aforesaid election officers to serve at said election; and by passing this Ordinance the governing body of said City approves and concurs in the appointment of the aforesaid election officers. 5. That all resident, qualified electors of said City shall be entitled to vote at said election. 6. That notice of said election shall be given by posting a sub- stantial copy of this Ordinance at the City Hall and at two other places in said City, not less than 15 days prior to the date set for said election; and a substantial copy of this Ordinance also shall be published on the same day in each of two successive weeks in a newspaper of general cir- culation published in said City, the date of the first publication to be not less than 14 days prior to the date set for said election. ?. That at said election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION NO. 1 Shall the City Council of said City be authorized to issue the bonds of said City, in one or more series or issues,in the aggregate principal amount of $810,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear interest at such rates, not to exceed 8% per annum, as shall be determined within the discretion of the City Council, for the purpose of constructing and permanently equip- ping a municipal building and the acquisition of the site there- for to be used as the city hall and fire station; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 2 Shall the City Council of said City be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $480,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear interest at such rates, not to exceed 8% per per annum, as shall be determined within the discretion of the City Council, for the purpose of constructing and permanently equipping fire stations and the acquisition of sites therefor; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO..3 Shall the City Council of s~id City be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $155,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear interest at such rates, not to exceed 8%o per annum, as shall be determined within the discretion of the City Council, for the purpose of acquiring and improving lands for park purposes; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? 000337 PROPOSITION NO. 4 Shall the City Council of said City be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $305,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear interest at such rates, not to exceed 8%o per annum, as shall be determined within the discretion of the City Council, for the purpose of acquiring and improving land for park pur- poses, to-wit: construct swimming pool, with any surplus bond proceeds to be used for the purpose of acquiring and improving lands for park purposes; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 3 Shall the City Council of said City be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $25,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear interest at such rates, not to exceed 8%o per annum, as shall be determined within the discretion of the City Council, for the purpose of constructing an animal shelter in said City; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 6 Shall the City Council of said City be authorized to issue the bonds of said City, in one or more series or issues, in the aggre- gate principal amount of $145,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear interest at such rates, not to exceed 8%o per annum, as shall be determined within the discretion of the City Council, for the purpose of constructing and improving streets in said City; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? 8. That the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: PROPOSITI(N NO. 1 FOR \ / THE ISSUANCE OF $810,000 MUNICIPAL BUILDING TAX BONDS AGAINST ) PROPOSITION NO. 2 FOR ) THE ISSUANCE OF $480,000 FIRE STATION TAX BONDS AGAINST ) -3- 000338 PROPOSITION NO. ~ FOR ) ) THE ISSUANCE OF $1~,000 PARK ] TAX BONDS AGAINST PROPOSITION NO. 4 FOR' THE ISSUANCE OF $305,000 SWIMMING ) POOL TAX BONDS AGAINST ) PROPOSITI~N NO. 5 ) THE ISSUANCE OF $25,000 ANIMAL SHELTER TAX BONDS AGAINST ) PROPOSITION NO. 6 FOR THE ISSUANCE OF $145,000 STREET / IMPROVEMENT TAX BONDS AGAINST 9. That a copy of this Ordinance was posted on the bt~letin board at the City Hall 72 ho~s prior to the meetings at which it was read. APPROVED AS TO LEGALITY OF FORM: CITY ATTORNEY Councilman Shearer moved to approve this ordinance calling a bond election for April 7, 1979. The motion was seconded by Councilman Shipman. Mr. Dan A~on, of Rauscher Pierce Securities Corporation advised that there were some typographical errors that would be corrected. Councilman Shipman was concerned that Proposition F1 did not indicate that the municipal building would also include the Police Department. At this · time, Councilman Shearer amended her motion to approve the ordinance subject to the clarification of Proposition F1 and the correction of all typographical errors. The m6Zion was seconded by Councilman Shipman· After a brief discussion concerning the emergency ordinance clause, proposition #6, the ballot form and the fiscal impact statement, the motion was passed by the fol~ lowing roll call vote: Ayes: All members present voted aye Noes: None 2.CONSIDERATION OF THE ZYfl READING OF THE ORDINANCE AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS UP TO THE AMOUNT OF $1,000. Janice Carroll, City Secretary read aloud the following caption: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS AUTHORIZED AND APPROPRIATED BY THE BUDGET IN AMOUNTS NOT TO'EXCEED ONE THOUSAND DOLLARS ($1,000.00) WHERE SEALED BIDS ARE NOT REQUIRED: AUTHORIZING THE CITY MANAGER TO PAY SALARIES AND PUBLIC UTILITY BILLS WITHOUT ADDITIONAL AUTHOR - IZATION FROM THE CITY COUNCIL: PBOVIDINC FOR EFFECTIVE DATE Councilman Davis moved to approve this ordinance for the second time. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted ~ye Noes: None --4- 00O339 3. CONSIDERATION OF TH~ 2ND READING OF THE ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JOE M. NALL, ASSOCIATES. Councilman Shearer read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING T~ CITY MANAGER TO ENTER INTO A CONTRACT FOR CONSULTANT SERVICES~ ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE COunoilman Shearer moved to approve this ordinance for the second and final time. Seconded by Councilman Davis, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 5. CONSIDERATION OF MUTUAL AID AGREEMENTS Mayor Longo proceeded to Agenda Item #5 to allow staff to locate material for Agenda Item #4. Mayor Longo stated four cities have approved and returned the City's Mutual Aid Agreement; they are Eastvale, Frisco, Carrollton and Little Elm. Mayor Longo read aloud the following agreement: The City of The Colony Fire Department sad The City of Fire Department being Departments that serve adjacent areas and recog- nizing the benefit of mutual assistance in the event of a fire or other emergency, hereby agree to provide to each other, on call, such mutual assistance and aid in the event of a significant fire or other emergency as each are able to provide with the personnel and equipment available at the time of such call. It is understood that neither Department shall be required to use all equipment and personnel at its disposal where such use woo_ld prevent or disrupt adequate protection in its own area. Councilman Shipman moved to approve the Mutual Aid Agreements with Eastvale, Frisco, Carrollton and Little Elm. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mr. Hart recommended that the Mayor be authorized to sign this same agreement as they are returned by other cities. Councilman Shipman so moved. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye No es: None /+.. CONSIDERATION OF A CONTRACT WITH THE CITY OF EASTVALE TO PROVIDE AMBULANCE SERVICE \ Returning to Agenda Item #4, Mr. Hart explained that according to a Council Resolution, a contract must be reapproved by the Council if thirty days have passed. He explained that the contract providing ambulance service to the City of Eastvale has not been changed. Coun- cilman Shipman read the contract in its entirety. Councilman Shearer moved to approve the contract and authorize the Mayor to sign same. Seconded by Councilman Shipman, the motion was passed by the following roll call vo %e: Ayes: All members present voted aye No es: None -5- 0t)0340 6. CONSIDERATION OF THE POND LOCATED AT THE CORNER OF BLAIR OAKS AND S. COLONY BOULEVARD Mayor Longo, explained to the Council that a resident has offered to donate dirt being excavated from her yard for a swimming pool to fill in this pond. She is concerned that it is a possible health problem. Councilman Shearer moved to leave the pond as it is. The motion was seconded by Councilman Davis. There followed a brief discussion regarding potential health problems and beautification. Mayor Longo then called for a vote on the motion on the floor. The motion was carried by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF THE APPOINTMENT OF A FOURTH OF JULY CELEBRATION COMMI TTEE Janice Carroll, City Secretary presented names of people that are interested in serving on the Fourth of July Celebration Committee. Councilman Davis stated that he had also received the names of three women who would like to serve on this committee. Mrs. Carroll stated that they were Linda Rollins, Sylvia Brantley and Barbara De Franchi. Others also willing to participate were Diane Kovar, Carla Rungaitis, Wanda Gillett, Louis Pugh, Gay Morgan, Susan Steinsiek and Joel Amos. At this time, Comcilman Shipman moved to appoint those named as a ten member Fourth of July Celebration Committee with Janice Carroll, staff coordinator. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye No es: None Mayor Longo stated that he would like for it to be noted that he also was in favor of this appointment. It was so noted. Mayor Longo announced a ten minute recess. Upon reconvening and before continuing with the agenda, Councilman Davis stated that a Colony citizen, Paul Arrambide had filed for the School Board and Councilman Davis urged all residents to back him to insure that The Colony's interest will be served. 8. REVIEW AND CONSIDERATION OF A PROPOSED HEALTH ORDINANCE Mr. Isaac Bradburry, Director of Community Development briefed the Council on the need for this ordinance. Mr. Bradburry stated that he felt this ordinance should be passed before food establishments are in The Colony. This is a standard ordinance that is also used in Lewisville, MesqUite, Grand Prairie and Irving. At this time, Mr. Hart read the following caption: AN ORDINACE OF THE CITY OF THE COLONY, TEXAS, REGULATING THE FOOD HANDLING AND FOOD SERVICE AND SUPPLY ESTABLISHMENTS; PROVIDING DEFINITIONS; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE, AND PROVIDING AN EFFECTIVE DATE. Mr. Hart recommended that because this is a standard health ordinance and is eighteen pages in length that the Council suspend the requirement for reading aloud the entire ordinance. Councilman Shipman moved to approve this ordinance as presented. The motion was seconded by Council- man Davis. Prior to voting, there was a lengthy discussion. Mayor Longo stated that it is not the Council's intent to circumvent the Charter or to mislead the citizens by not reading an ordinance in its entirety, but only to alleviate the practical problems that this provision creates when a lengthy ordinance is involved. Mr. Lowell Tullis, Mr. Wes Gray and Mr. James Rex, members of the audience agreed with the Council's decision but urged that the Council be very particular as to what ~rdinances are not read in their entirety. There followed a lengthy discussion regarding -6- 000341 this action, particularly if such an ordinance is involved in litigation. Councilman Shearer was concerned that tb~s is a direct violation of the Home R~le Charter by the Council and that each Council member could be held personally liable. At this time, Mr. Hart recommended that the ordinance be pulled until such time that the legal considerations could be discussed at length. The Mayor then call~ for a vote on the motion on the floor. The motion was passed by the following roll call vote: Ayes: Councilman Davis, Adams and Shipman Noes: Councilman Shearer 9. CONSIDERATION OF AN AGREEMENT FOR MUTUAL AID AND AMBULANCE SERVICE Mr. Hart stated that he had received in the mail the previously approved contract with Denton County to provide ambulance service to a designated area. Co~cilman Shipman moved to authorize Tom Hart, City Manager to sign the said contract. Councilman Adams seconded this motion. Mayor Longo clarified for the members of the audience that this was the contract negotiated between the County and participating cities in the fall of 1978 and the provisions have not been changed. The motion was then passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 10 RECEIVE CITY MANAGER'S STATUS REPORT Mr. Hart stated that the Park and Recreation Grant still looked favorable. Regarding the sale of the proposed bonds, Mr. Hart said that the Farmer's Home Administration grant looked doubtful due to the fact that the City will possibly be able to sell bonds on the open market at approximately 6 3/4~. On the bond program, Mr. Hart told the Council that he is pre- paring a voter education packet and contacting clubs and organizations asking to have the opport~ity to present in person this packet. Council- man Shipman asked if the school could be used for a meeting place. Council- man Shearer suggested that the school be used and all organizations should be invited. 11. ANY OTHER MATTERS THAT MAY COME BEFORE THE COUNCIL Mayor Longo asked for trax?f lc count volunteers %o assist the City in making counts for designated intersections. Mayor Longo explained that this information will be used by Sayed Omar 'in preparing the Traffic Study for the City of The Colony. Janice Carroll, City Secretary announced that the drawingfor the order of the names to be placed on the City Officer Ballot for the April ? Muz~ic~al Election will be held on March 8 at 7:30 P.M. and urged all candidates to attend. X CITIZEN INPUT A lengthy discussion was held regarding the bond proposal. With no further action to be taken by the Council, Councilman Davis moved that the meeting be adjourned. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Councilman Davis and Adams Noes: Councilman Shearer and Shipman Mayor Longo s~ated that t~e vote had been cast, and he voted "aye" on the motion on the floor. Mayor Longo then adjourned the meeting at 10:00 P.M. yCe Carroll Secre~ry