The URL can be used to link to this page

Home My WebLink About04/16/1979 City Council 00056 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON APRIL 16, 1979 A Regular Session of the City Council was called to order with the following members present: William J. Longo Mayor Linda A. Adams Councilman Sandra Shearer Councilman Gary Shipman Councilman and with Councilman Clint Davis ab~ent-; .howe¥-e~ ~ q~Qrumwas established V MINUTES OF PREVIOUS COUNCIL MEETINGS Mayor Longo asked for a motion to approve the minutes of the Special Session held on April 6, 1979 and the Special Session held on April 9, 1979. Councilman Shearer stated that Item 3 of the April 9 minutes should have all blanks filled regarding the canvass of the Bond Proposition votes. It was so noted. Councilman Adams moved that the minutes be approved. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None After signing the Oaths of Office, Mayor Pro Tem Shearer administered the oath of office to Councilman William J. Longo, Place 1 and Councilman Christopher F. Fabian, Place 5. As presiding officer, Mayor Pro Tem Shearer read aloud the following election order. ORDER CALLING RUN-OFF ELECTION FOR COUNCILMEN AND MAYOR IN THE CITY OF THE COLONY, TEXAS STATE OF TEXAS ) ) COUNTY OF DENTON ) ) CITY OF THE COLONY ) BE IT REMEMBERED that on this day the following Order was issued by the City Council of the City of the Colony, Texas to- wit: WHEREAS, in the election held in the City of the Colony, Texas, on April 7, 1979, Linda A. Adams and Bill Gagan received the highest number of votes for the office of Councilman, Place 2 for a two (2) year term, and Richard Turner and Virginia McCollum received the highest number of votes for the office of Mayor for a two (2) year term, thereby making it necessary to hold a run- off election for such offices, IT IS'THEREFORE, ORDERED that an election be held in the City of The Colony, Texas, on the 19th day of May, 1979, for the purpose of electing one (1) City Councilman for a two (2) year term and a Mayor for a two (2) year term, at which time such candidates shall be entitled to have their names printed on the ballot. No other names shall be permitted and no write in votes shall be permitted. The candidate who receives the highest number of votes for the office of Councilman, Place 2, shall be elected for a term of two (2) years, and the candidate who receives the highest 0O0363 number of votes for the office of Mayor shall be elected for a term of two (2) years. None but legally qualified voters of the City shall be entitled to vote at said election. The polling place for said election shall be Camey Elementary School at the Colony, Texas. The polls will be open from 7:00 a.m. to 7:00 p.m. The said election shall be held in accordance with the Election Code of the State of Texas. Notice of said election shall be posted at the City Hall and two (2) other public places within the City on or before the first day following the issuance of this Order. Absentee voting for such run-off election shall commence at 8:30 a.m. on the 8th day of May, 1979, and shall run daily from 8:30 a.m. to 5:00 p.m. weekdays, through the 15th day of May, 1979. A certified copy of this Order shall constitute notice of such election, and the City Secretary shall make return of such posting by an affidavit of such fact. Rose Ashman is designated as the presiding Election Judge and Pam Lang is appointed alternate presiding Election Judge. After holding said election, the Election Judges shall promptly make their returns to the City Secretary and to the Mayor, and the Secretary shall thereafter present such returns to the City Council for the canvassing of said election. The presiding Election Judge shall be paid the sum of $10.00 for making such returns. Both Election Judges shall be paid the sum of $2.50 per hour -- for their services in holding said election. ORDERED this 16 day of April, 1979. APPROVED: Mayor Pro Tem CI~ SECRETARY ~ After a brief discussion, Councilman Shipman resolved to approve this Order calling a Run-off Election for Mayor and Councilman Place 2, on May 19, 1979. Seconded by Councilman Longo~the motion was passed by the following roll call vote: Ayes: Ail members present voted aye -- Noes: None 3. CONSIDERATION OF FIRST READING OF ORDINANCE ADOPTING MECHANICAL, ELECTRICAL AND PLUMBING CODES AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ADOPTING THE UNIFORM PLUMBING CODE, 1976 EDITION, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS: ADOPTING THE NATIONAL ELECTRICAL CODE, 1978 EDITION, OF THE NATIONAL FIRE PROTECTION ASSOCIATION, ADOPT- ING THE UNIFORM MECHANICAL CODE, 1976 EDITION, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; PROVIDING FOR PERMIT FEES; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL OR- DINANCES IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE: AND PROVIDING AN EFFECTIVE DATE. Councilman Longo moved to approve the first reading of the above captioned ordinance~ seconded by Councilman Shipman the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF SECOND READING OF SALES TAX ORDINANCE Councilman Shipman moved to approve the second reading of the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, CONTINUING THE IMPOSITION OF THE ONE PERCENT (1%) CITY SALES TAX ON RESI- DENTIAL USE OF GAS AND ELECTRICITY; PROVIDING FOR THE FURNISH- ING OF A COPY OF THE ORDINANCE TO THE COMPTROLLER OF PUBLIC ACCOUNTS BY CERTIFIED MAIL: PROVIDING FOR A REFERENDUM ELECTION IN APRIL, 1980; AND PROVIDING AN EFFECTIVE DATE. Councilman Fabian seconded this motion. Councilman Adams was concerned that a Resolution should be passed binding the Council to putting this utility sales tax on the ballot as a proposition. After discussion, it was determined that the attorneys opinion is that the Council is bound to hold the election by Section 3 of the ordinance, but that the Council is not bound to act on the results of that election. Councilman Shipman stated that it would be an irresponsible action for the Council not to listen to the will of the people. Mayor Pro Tem Shearer then 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 7. REAPPOINTMENT OF CITY OFFICERS Mayor Pro Tem Shearer explained that the ordinances establishing the positions of City Secretary, Chief of Police and Municipal Judge contains a section stating that their terms of office run concurrently with that of the Mayor and it is necessary to re- appoint at this time. Councilman Longo moved that Janice Carroll City Secretary; John Steinsiek, Chief of Police; and Michael Rubinnaccio, Municipal Judge be reappointed to their respective offices. The motion was seconded by Councilman Shipman. Before voting, Councilman Fabian expressed the opinion these ordinances should be amended or rescinded as soon as possible as the City is now guided by the Home Rule Charter. The motion was then passed by the following roll call vote: Ayes: All members present voted aye Noes: None X CITIZEN INPUT Mayor Pro Tem Shearer asked for citizen input prior to meeting in Executive Session. Mayor Pro Tem Shearer urged all citizens to donate money to the American Red Cross Disaster Fund to the Wichita Falls Tornado victims. Mayor Pro Tem Shearer and Mayor Mozelle Crawford of the Town of Eastvale signed proclamations declaring May 1, 1979, Loyalty Day. Mr. Wes Gray representing the Veterans of Foreign Wars announced that there would be a parade and a celebration at the VFW Post and all citizens of The Colony are invited. Mr, Isaac Bradburry asked that The Colony support the March of Dimes Walkathon to be held on April 28, 1979. Councilman Longo announced that Sylvia Brantley has been appointed Chairman of the Jerry Lewis Telethon and Richard Stuckey has been appointed Vice Chairman. There fol- lowed a discussion of the legal right of the City Council to meet in Executive Session. Harvey Wright, a member of the audience objected to this procedure. Article 6252-17, Vernons Revised Civil Statutes, was explained to Mr. Wright. - 3 - 00036ti 6. CONSIDERATION OF BOARD APPOINTMENTS Upon reconvening in Open Session, Councilman Shipman moved to table board appointments for further study by the Council. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None There being no further action to be taken by the Council, Councilman Longo made a motion that the meeting be adjourned. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mayor Pro Tem Shearer adjourned the meeting at 8:40 p.m. Mayor Pro Tem C~ce Carroll Secretary