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HomeMy WebLinkAbout08/20/1979 City Council OO0417 MINUTES OF THE BOARD OF ALDERMEN OF THE CITY OF THE COLONY, TEXAS HELD ON AUGUST 20, 1979 A Regular Meeting of the City Council of the City of The Colony was called to order with the following members present: Richard Turner Mayor William J. Longo Councilman Sandra Shearer Councilman Gary Shipman Councilman Chris Fabian Councilman and with Councilman Linda A. Adams not in attendance; however she did arrive during agenda item one. ITEM I. EXECUTIVE SESSION - PERSONNEL Mayor Turner announced that the Council would meet in Executive Session, dealing with Personnel as authorized by Article 6252-17, VACSo ITEM II. CONSIDERATION OF ORDINANCE AUTHORIZING ISSUANCE OF CITY BONDS At 7:30 p.m. the bid opening was held for the sale of $805,000.in general obligation bonds. Tom Hart, City Manager opened and read the following bids: Account Net Interest Effective Cost Interest Rate Underwood, Neuhaus & Co. Inc. $899,770.00 6.473165% Shearson Loeb Rhoades, Inc. 904,257.50 6.50545% Rauscher Pierce Refsnes, Inc. 916,706.85 6.595013% Mr. Dan Almon stated that the firm of Underwood, Neuhaus & Co., Inc. did have the low bid. He told the Council that based on reports of recent bond sales in the area and the "Texas Bond Reporter" the City did receive a fair and equitable interest rate on their bonds and he did recommend the acceptance of the bid submitted by Underwood, Neuhaus & Co., Inc. At this time, Tom Hart, City Manager, read in its entirety the follow- ing captioned bond issuance ordinance: ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS THE STATE OF TEXAS : SERIES 1979 COUNTY OF DENTON : DATE AUGUST 1, 1979 CITY OF THE COLONY : PRINCIPAL AMOUNT: $805,000 WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on April 7, 1979; and WHEREAS, none of the general obligation bonds voted at said election has been authorized, issued or delivered; and WHEREAS, it is necessary and advisable to authorize, issue and deliver an installment or series of said bonds; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued and delivered pursuant to Art. 1175, V.A.T.C.S. 000418 Councilman Longo moved that this ordinance be passed on first reading. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None ITEM III. APPROVAL OF MINUTES Councilman Shipman moved that the minutes of the Regular Meeting held on August 13, 1979 be approved as read. Seconded by Councilman Fabian the motion was passed by the following roll call vote: Ayes: Councilman Longo, Adams, Shipman & Fabian Noes: None Abstention: Councilman Shearer ITEM IV. CONSIDERATION OF RESOLUTION PROCLAIMING JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND Mayor Turner introduced Sylvia Brantley, Chairman and Mike Stuckey, Vice Chairman of The Colony Muscular Dystrophy Telethon to be held Labor Day Weekend. Ms. Brantley and Mr. Stuckey urged all Colony residents to participate in our first pledge center. Mr. Hart extended to Councilman Longo the City's appreciation for his initial work enabling The Colony to have their own pledge center. Mayor Turner then read the following Resolution: ~SOLUTION WHE~AS; The citizens of The Colony share with citizens the nation over, concern for the welfare of this country's victims of neuromuscular disease; and WHEREAS; the Muscular Dystrophy Association sponsers worldwide programs of scientific research, and maintains a nationwide network of 203 clinics to serve patients suffering from these crippling diseases; and WHEREAS; the City of The Colony is proud to host the Jerry Lewis Muscular Dystrophy Labor Day Telethon, and event which each year unites millions of volunteers from every corner of America and which, with the dollars it raises, benefits the lives of so many more; NOW, THEREFORE, I Richard Turner, Mayor of the City of The Colony, Texas do hereby proclaim the period September 3rd, 1979, to be: "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND" in and for the City of The Colony, and I hereby urge all citizens to give full support as they have done so generously in the past, to the programs of the Muscular Dystrophy Association, and to the untiring efforts of its National Chairman, Jerry Lewis, IN WITNESS WHEREOF, I hereunto set my h.s~nd this ~ day o~gJL .... August, 1979. ~~~4~~ /~__ic-hard Tdrne~/ Mayor ~/ ATTEST: ll C~r Secretary 000419 Councilmsn Fabian moved that this resolution be approved. Sec- onded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None ITEM V. CONSIDERATION OF ABANDONMENT OF A PORTION OF GRIFFIN ROAD, FUQUA ROAD, AND THE FOURTH ARMY MEMORIAL ROAD. Mr. Hart read the following resolution that is to be considered by the Council regarding the road abandonment: RESOLUTION WHEREAS, the City Council of the City of The Colony has determined that it is in the public interest of the City to abandon certain streets located within the city limits, and WHEREAS, such streets are owned in fee or used by easement, and International Business Machines Corporation is, or will be at the time of such abandonment, the abutting owner of such streets, and WHEREAS, an Ordinance passed to effect conveyances, sale or trade of such streets or rights-of-way will not be for less than the fair market value thereof, per an appraisal to be obtained by the City; NOW, THEREFORE, BE IT RESOLVED that the three (3) streets described in a letter dated July' t9~ 1979 from Robert H. Thomas Trustee and Fox and Jacobs, Inc. be abandoned, to-wit: 1. Camey Road or Griffin Road, but only as it extends easterly from the pipeline of the Lone Star Gas Company to the Frisco Railroad right-of-way; 2. Fuqua Road, extending from Camey Road to Highway 121; 3. Fourth Army Memorial Road from the Northeast corner of the Bridges Survey, then southerly and easterly to its crossing of the Frisco Railroad right-of-way. BE IT FURTHER RESOLVED that the City of The Colony sell, or exchange for other right-of-way, the right-of-way to such roads to International Business Machines Corporation, the abutting owner, in accordance with Article 5421c-12 of Vernon's Anno- tated Texas Civil Statutes at their present fair market value as determined by an appraisal, less partial credit for right- of-way dedicated by IBM for the widening of Paige Road north of Colony Boulevard, or other right-of-way needed by The Colony. BE IT FURTHER RESOLVED that the City Attorney is hereby re- quested to prepare an Ordinance to carry out the intent of this Resolution, and to present the same to the City Council when the necessary prerequisites have been accomplished. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF THE COLONY ON THE 20TH DAY OF AUGUST, 1979. There followed a lengthy' and detailed discussion regarding the road closings. Mr. Robert Dillard, the City Attorney did advise that each road abandonment can be handled on an individual basis by the passage or separate Ordinances. At this time Councilman Longo moved that this Resolution be passed as read. The motion OOO42O · was seconded by Councilman Shearer. Prior to voting, Mr. and Mrs. J.Y. Eberhart expressed their opposition to the closing of Griffin (Camey) Road. Mrs. Eberhart did present to the Council a petition expressing opposition to the closing of this road. Mr. and Mrs. Eberhart said they feared the closing of this road prior to the construction of any facilities by IBM would be a detriment to their business establishments located on this road. Mr. Lud Denny and Mr. Robert Brown, members of the audience did speak for the closing of Camey Road and the establishment of IBM in The Colony. Again a lengthy discussion followed regarding this road abandonment. Councilman Fabian did point out that a complete feasibility study was done by IBM prior to this request for road abandon- ment. At this time Councilman Shearer asked that Mayor Turner call 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 ITEM XI. CONSIDERATION OF CONSENT BY CITY TO ALLOW LAND INTO THE COLONY MUNICIPAL UTILITY DISTRICT After a brief recess Councilman Longo requested that the Council consider agenda item eleven as Reverand Wallace was now in attendance. The Council told Reverand Wallace that they had no objection to his request to become a part of The Colony Municipal Utility District, but would like to know the Churches intention regarding the City. Councilman Adams briefed the Council stating that the M.UcDo board tabled this item contingent upon the consent of the City and a legal description of this property. Reverand Wallace stated that the church did want to be annexed into the City, bus was concerned regarding the widening of Paige Road. He said he felt the church would bewilling to dedicate the land for the widening of Paige Road but was concerned with the expense of the actual con- struction of this road. After a brief discussion, the Council decided to table this item until Mr. Hart and Reverand Wallace could meet and work out the details regarding this annexation. Councilman Fabian then moved to table this agenda item. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None ITEM VI. RECEIVE A RESIGNATION OF A PARK AND RECREATION BOARD MEMBER Mayor Turner read the letter submitted to the Council by Eddie Toms expressing his regret that he must resign from the Park and Recreation Board. Councilman Adams expressed the Council's regret that Mr. Tom must resign and that he is moving from The Colony. Councilman Longo then moved to accept Mr. Tom's resigantion. Seconded by Councilman Fabian the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None ITEM VII. CONSIDERATION OF ORDINANCE CALLING A PUBLIC HEARING ON THE PROPOSED BUDGET FY 1979/80 Mayor Turner read the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING FOR A PUBLIC HEARING ON THE MUNICIPAL BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1979 THROUGH SEPTEMBER 30, 1980; PROVIDING A TIME AND PLACE FOR SAID PUBLIC HEARING, TO WIT: ON THE 10 DAY OF SEPTEMBER, 1979, AT 7:30 O'CLOCK P.M. AT THE COLONY CITY HALL; PROVIDING FOR NOTICE: AND DECLARING AN EFFECTIVE DATE. 000421- Councilman Fabian moved that the ordinance be approved on first reading. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None ITEM VIII. CONSIDERATION OF ORDINANCE AMENDING CITY ORDINANCE #38, REGULATING FENCING Mayor Turner read in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE #38 BY AMENDING SECTION 6(c) REGULATING FENCES IN FRONT YARD BUILDING SET-BACK AREAS: AMENDING SECTION 9(a)2 TO PROVIDE A MINIMUM HEIGHT OF FOUR FEET (4') FOR FENCES AROUND SWIMMING POOLS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Longo moved that this ordinance be approved on first reading. Councilman Shipman seconded this motion. Prior to voting, Councilman Shearer stared she did oppose the lowering of the fence height requirement to four feet around swimming pools. Councilman Shipman answered that a six foot height requirement could be challenged legally. Mayor Turner then called for a vote. The motion carried by the following roll call vote: Ayes: Councilmen Longo, Adams, Shipman, and Fabian Noes: Councilman Shearer ITEM IX. CONSIDERATION OF ORDINANCE AMENDING CITY ORDINANCES #11, #12, AND #23 Mayor Turner read in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ANENDING ORDINANCES ll, 12 AND 23 TO PROVIDE INDEFINITE TERNS OF OFFICE FOR THE CITY SECRETARY, THE CHIEF OF POLICE AND THE NUNICIPAL JUDGE: AMENDING ORDINANCE NUMBER 15 TO PROVIDE FOR FIVE (5) NEMBERS OF THE PARK AND RECREATION BOARD AND TO PROVIDE T~O (2) YEAR TERNS: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE. Councilman Longo pointed out that Nick Ristagno should be formally appointed as acting Chief of Police. At this time Councilman Adams moved that the ordinance be approved on first reading. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None ITEM X. CONSIDERATION OF RATIFICATION OF BOARD OF EQUALIZATION APPOINTMENTS Councilman Adams said that the MUD board had appointed Tim White, Roosevelt Johnson, and Robert Hauck to the Board of Equalization at their last Regular Meeting and would like the Council to ratify these appointments. Councilman Adams then moved to ratify the appointments of Tim White, Robert Hauck, and Roosevelt Johnson to serve as a joint Board of Equalization as provided for by contract. Seconded by Council- man Shipman, the motion was carried by the following roll call vote: Ayes: All members present voted aye Noes: None 00042 ITEM XIII OTHER MATTERS THAT MAY COME BEFORE THE COUNCIL Mr. Dillard addressed the proposed Lone Star Gas requested gate rate increase. He advised the Council that the firm of Saner, Jack, Sallinger and Nichols would be representing several cities before the Railroad Commission and that the cost would be shared by all cities involved. Councilman Fabian stated that he felt it was a must that the City oppose this proposed increase in cost to our citizens. Councilman Adams asked for further information, particularly regarding cost, before the Council makes a final determina- tion. Councilman Longo stated that he had received several complaints regarding a security company soliciting in The Colony, The staff was instructed to look into this matter. Wes Gray gave a brief report regarding the Municipal Utility District activities. ITEM XII REVIEW AND STUDY OF THE PROPOSED BUDGET FY 1979/80 There followed a brief review of the adjusted revenues and expenses by City Manager Tom Hart. These adjusted figures required a tax rate of 17.6¢ to cover operating expenses and a rate of 4.4¢ to cover debt service. Mr. Hart recommended an additional 1¢ be added for a retirement fund and set the tax rate at 23¢. After discussion the Council determined that they needed further information regarding ~he cost of a portable building to be used as City Hall. They decided that they would also like to reconsider the Park and Recreation program for the City as well as several other smaller expenditures in varous departments. There being no further action to be taken by the Council, Councilman Longo moved that the meeting be adjourned. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mayor Turner adjourned the meeting at 11:25 p.m. ecretary