HomeMy WebLinkAbout09/22/1980 City Council O00GS
CITY OF 5HE COLONY
DENTON COUNTY, TEXAS
SEPTKMBER 22, 1980
A REGULAR MEETING of the City Council was called to order with the
following members present:
Ri chard Turner Mayor
William J. Longo Councilman
Linda A. Adams Councilman
Norman Adeler Councilman
Gary Shipman Councilman
Greg Norwood Councilman
1. BRIEFING SESSION.
Mayor Turner noted that the Council had dispensed with this briefing
session and would con, hence the meeting with the opening of the Public
Hearing.
2. PUBLIC HEARING REGARDING 5HE MUNICIPAL BUDGET FOR THE FISCAL YEAR
1980/81.
Councilman Shipman moved that the hearing be opened. Seconded by
Councilman Adams the motion was passed by the following roll call vote:
Ayes: Ail members present voted aye
Noes: None
Mr. Hart reviewed the Budget preparation process for the members of the
audience, and added that the original Budget was presented to Council on
July 14th and on file in the City Secretary's office July 15th. He stated
that the first public hearing on the Budget was held on August 25th and
at that time the citizens of the co~,~L~nity expressed their displeasure with
the proposed tax increase. Since that budget hearing we have been personally
working with the C.A.T. group of citizens regarding ways to lower the tax
increase. The amended budget has been on file in the City Secretary's
office since September 9th and this is the budget that the Council is now
taking under consideration. This budget calls for a 38¢ rate. Mr. Hart
advised the citizens that property tax represents only 56% of the total
revenue received by the City, and as the City grc~s this percentage should
lower even more. Mr. Hart then explained to the citizens what this tax
rate would cost them individually per month and what level of services this
tax rate would provide to them. After this presentation, Mayor Turner
stated there would be a break to allow all citizens the opportunity to sign
the register to speak for or against this proposed budget.
Upon reconvening, Mayor Turner called the citizens to speak for or against
the Budget.
1. Mike Stanfield - Mr. Stanfield stated that he felt this budget showed a
disregard for the peoples wishes and lack of con~tent planning in regards
to the expenditures that will follow next year and the years to come.
He added, that the Council does have the power to reevaluate property
in the years to come at this high tax rate. He also requested the
Council to put sc~e o~ these proposed packages and large budget items
to a vote of the people, possibly a bond election. This would allow
the people an opportunity to tell the City officials what they want in
their City.
2. John Burchell - Mr. Burchell stated that the legal notice calling this
public hearing was a misrepresentation as it showed expenditures and
revenues based upon a 33¢ tax rate. He also stated that in accordance
with Section 10.04 of the Home Rule Charter this Budget has not been
passed within ten (10) days of October 1, 1980 and was therefore illegal.
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3. Art Gibson - Mr. Gibson expressed his opinion that was he was not
for additional police officers or conm~mications, nor did he want
the proposed Library funds included in this years Budget.
4. Glen M. Taylor - Mr. Taylor stated that on his street of Bakers Drive,
that he had spoken with seventeen people, of those people twelve were
against this budget. He felt strongly that increased taxes would run
people out of The Colony.
5. Rick Mount - Mr. Mount stated that he was not prepared to pay 100%
increase this year, not to mention the cost increase of next year
after reevaluation. --
6. Dan Riggs - Mr. Riggs stated that he did not think the Budget was
a bad one at all, although he doubted the need for a Library facility
at this time. Mr. Riggs added, that he was for Police and Fire
protection being funded in any possible m~nner. He did note that the
Municipal Utility District w~s raising the garbage rate from $5.00 to
$7.50. (In actuality this is the sewer rate rather than garbage rate.)
7. Dan Szekeley - Mr. Szekeley in a lengthy statement stated he was for
the Budget explaining that inflation last year was at 15%; next year
it would be up 20%;and a City's budget has to keep_up with inflation and to
provide adequate services must grc~ also. He stated that if taxes were
cut then services must be reduced and this would cause a loss of people
within the City. He added, that he was for the conmunications systems
and people must pay for what they want.
8. Donald Smith - Mr. Smith stated that he is against the increased budget
and that this would run people out of the City. He asked if IBM and
Fox and Jacobs were paying their fair share of the taxes. He also stated
that he is also against the Library.
9. Paul A. Dalton - Mr. Dalton spoke for Police, Fire and Ambulance but
would like the budget cut in other areas to lessen the tax rate.
10. Billy Craven - Mr. Craven stated the City must crawl before it can --
walk and reconmended that the City wait until we reached our projected
50,000 in population to look into services. He stated that he was not
against raises for police but against equipment which he felt was not
needed at this time in a City of this size.
11. Dan Vale - Mr. Vale stated also that he was against the increase in the
tax rate and that the C.A.T. organization was willing to work with the
City in all areas.
12. Vern McGovern - Mr. McGovern stated he is against the tax rate and asked
why the Senior Citizens Exemption was tabled.
13. Wes Gray - Mr. Gray stated he is for the budget; and he is familiar with
the workings of the City as he had attended almost every City Council
meeting held and he was of the opinion that citizens must pay for services.
He did correct Mr. Riggs statement saying that the sewer rate was to be
increased not the garbage rate. He also applauded a dedicated City Council
and Police Department.
14. Mike Kelly - Mr. Kelly also conm~nded the Police Department in their
ability to keep crime in our City at a low level. He stated he was
for the purchase of a communications system as these costs were
constantly going up.
15. Lupe Sanditen - Mrs. Sanditen thanked the City Council for their
dedication to the City. She asked that they wait one year for the
funding of the Library and advised the Council that she was for
street repairs and other areas of service.
16. Joel Marks - Mr. Marks if the City had looked into the use of a
Bookmobile rather than the City service. He did compliment the
Police, Fire and Ambulance Departments and agreed with others that
he was against total control that Fox Jacobs had over much of the
development of the City.
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17. Dave Brown - Mr. Brown m~de a statement for the Budget explaining
that a government cannot be run without funds available. He
added, that the City Council was elected to run the City and that
we must support thom in this area. Regarding taxes, he stated that
he was on the Board of Equalization and that the tax roll had been
certified at their yearly meeting and all property was taxed fairly
and equitably.
18. Gene Pollard - Mr. Pollard told the Council that he did approve of
the base-line budget but disagreed with son~ of the packages. He
also stated that the Charter requirement must stand and he also felt
that the City Council had acted illegally by not being in compliance
with Section 10.05 of the Home Rule Charter. He further stated that
he was against the communications package, paid fire chief, the
additional police officers and generally overburdening the budget
by over hiring in certain areas. He cited as an example that a
combination electrical/plumbing inspector could be hired. He also
advised that the dispatchers must be combined with clerical duties.
His primary emphasis was the impact this budget would make on the
next fiscal year. He added that unless changes were made this budget
would be challenged.
At this time, Tom Hart, City Manager, addressed scme of the questions brought
up by the citizens while speaking to the Council. He did answer Mr. McGovern
regarding the Senior Citizen Tax Exemption stating that the September 29th
m~eting would have the first reading of an Ordinance adopting an Over-65 as
well as a Disability Tax Exemption in the amount of $10,000.00. He further
answered sc~e of the budget questions posed by the citizens. Mayor Turner
asked that Janice Carroll, City Secretary, answer the questions of the legality
of the public hearing notice as well as the stand the City is preapred to take
regarding Section 10.05 of the Charter. Mrs. Carroll stated that in readvertising
for the second public hearing the attorney did advise her to publish the
expenditures and revenues originally quoted in the Budget as it was first filed
in her office on July 15, 1980. As the attorney explained in a legal opinion
to the City that any future changes (even to the point of amending the entire
budget by substitution of a new document) would be an ar~endment to the original
budget as filed. Therefore, the original expenditures and revenues were
published again in the Public Hearing Notice. Mrs. Carroll further explained
that in an oral conversation with our attorney, Robert Dillard, he stated that
the ten (10) day requirement outlining Section 10.05 of the Charter should be
looked at as a directive only not as a legal requirement. Mrs. Carroll
further explained that the City lengthened the Budget process to receive more
input from citizens and in this respect had been in compliance with the intent
of the Charter. Also, the first reading of the Budget was being held on the
Monday after the ten (10) day requirement had elapsed. Mrs. Carroll further
advised that this was a preliminary oral statement frcm the attorney and a
written legal opinion would follow with a complete analysis of this situation.
Councilman Longo then asked the City Council to drop the Library from its
proposed Budget because this was an item that would fail without cc~plete
support of the citizens. Councilman Adams con~nented that the Council's
philosophy had been to keep services at a minimum, but basic services are
required for citizens. Councilman Longo then moved to close the Public
Hearing. Seconded, by Councilman Shipman the motion was passed by the
follc~ing roll call vote:
Ayes: All members present voted aye
Noes: None
Mayor Turner then stated that the Council would take a brief recess before
agenda item number three.
3. CONSIDERATION OF FIRST READING OF ORDINANCE ADOPTING 5HE MUNICIPAL
BUDGET FOR THE FISCAL YEAR 1980/81.
Councilman Longo moved that the Library be stricken from the Budget. Seconded
by Councilman Adeler, the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
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At this time Councilman Adams asked that the Council review all packages
to clarify their stand before voting on the budget ordinance. Councilman
Longo seconded this request. This motion was passed by the following roll
call vote:
Ayes: Councilman Longo
Councilman Adams
Councilman Adeler
Noes: Councilman Shipman
Councilman Norwood
1. Codification - Councilman Longo moved that this package be approved.
Seconded by Councilman Shipman, the motion was passed by the follow-
ing roll call vote:
Ayes: All members present voted aye
Noes: None
2. Fire Proof File Cabinet - Councilman Longo moved that this package
be approved. Seconded, by Councilman Adams, the motion was passed by
the following roll call vote:
Ayes: All members present voted aye
Noes: None
3. PA System- Councilman Shipman moved that this be approved. Seconded
by Councilman Norwood, the motion failed by the following roll call vote:
Ayes: Councilman Shipman
Councilman Norwood
Noes: Councilman Longo
CounciLman Adams
Councilman Adeler
4. Park Maintenance Package - Councilman Norwood moved that it be approved. ~
Seconded by Councilman Adeler, the motion was passed by the following
roll call vote:
Ayes: Councilman Longo
Councilman Adeler
Councilman Shipman
Councilman Norwood
Noes: Councilman Adams
5. Street Maintenance Pakage - Councilman Norwood moved that it be approved.
Seconded by Councilman Shipman and it was passed by the following roll call
vote:
Ayes: Councilman Longo
Councilman Adeler
Councilman Shipman
Councilman Norwood
Noes: Counciln~nn Adams
6. Conmunications System- Counciln~nn Adams moved that this package be
approved. Seconded by Councilman Shipman the motion was passed by ~
the following roll call vote:
Ayes: All members present voted aye
Noes: None
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7. December 1 Police Officer - Councilman Longo moved that this item be
approved. Seconded by Councilman Adams, the motion was passed by the
follc~ing roll call vote:
Ayes: All members present, voted aye
Noes: None
8. April Police .Officer #1 - Councilman Longo moved that this item be approved.
Seconded by Councilman Adams, the motion was passed by the follc~ing
roll call vote:
- Ayes: All members present voted aye
Noes: None
9. April Police Officer #2 - Councilman Longo moved that this item be
approved. Seconded by Councilman Norwood, this motion was passed by
the follc~ing roll call vote:
Ayes: All me~bers present voted aye
Noes: None
10. Radar Equipment Package - Councilman Norwood moved that this item be
approved. Seconded by Councilman Shipman, the motion was passed by
the following roll call vote:
Ayes: All members present voted aye
Noes: None
11. Fire Chief Package - Councilman Shipman moved that this package be
approved. Seconded by Councilman Adeler, the motion was passed by
the follc~ing roll call vote:
Ayes: Councilman Longo
Councilman Adeler
Councilman Shipman
Councilman Norwood
Noes: Councilman Adams
12. Ambulance Chassis - Councilman Longo moved that this be approved.
Seconded by Councilman Shipman the motion was passed by the
following roll call vote:
Ayes: All members present voted aye
Noes: None
At this time Mayor Turner read aloud in its entirety the following captioned
Ordinance:
AN ORDINANCE OF THE CITY OF THE GOLONY, TEXAS, APPROVING AND
ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER
t, 1980 5HROU~ SEPTSMBER 30, 1981; PROVIDING THAT EXPENDITURES
FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET;
AND DECLAR/_NG AN EFFECTIVE DATE.
WHEREAS, The Budget Officer of the City of The Colony, Texas, has
heretofore on the 15th day of July 1980, filed with the City
Secretary, a proposed general budget for the City covering the
fiscal year aforesaid.
Councilman Longo then moved that the first reading of the Ordinance adopting
the Budget as amended be passed. The motion was seconded by Councilman Norwood.
The Council did advise the citizens that this would lower the tax rate to 37¢
which would be an average monthly cost to the citizens of $10.79. Chris Fabian,
a member of the audience, called at the point of order this should be done at
a regular meeting and that this procedure was in violation of Section 10.05 of
the Home Rule Charter. At this time Mayor Turner called for a vote on the
motion on the floor, the motion carried by the following roll call vote:
Ayes: Councilman Longo
Councilman Adeler
Councilman Shipman
Councilman Norwood
Noes: Councilman Adams
Councilman Adams stated that she felt more deletion was necessary before the
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Budget could be acceptable to her. Mayor Turner advised citizens that the
se.ciD_nd reading of his ordinance would be at the regular n~eting on September
29, 1980.
There being no further action to be taken by the Council, Councilman Shipman
moved that the meeting be adjourned. Seconded by Councilman Adeler the motion
was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
Mayor Turner adjourned the meeting at 10:29 p.m.
ATTEST: _
J~r~( 'C~rroll, City Secre
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