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Home My WebLink About09/29/1980 City Council 000692 MINUTES OF %HE CITY OOUNCIL OF THE CITY OF THE fDLONY HELD ON SEPTEMBER 29, 1980 A REGULAR MEETING of the City Council of The City of The Colony was called to order at 7:30 p.m. with the follc~ing members present: Richard Turner Mayor William J. Longo Councilman Linda A. Adams Councilman Norman Adeler Councilman Gary Shipman Councilman Greg Norwood Councilman and with all members present, a quor~n was established. 1. BRIEFING SESSION. The Council met in a Briefing Session from 7:30 to 8:00 p.m. to discuss the items under consideration. No action was taken on this agenda item. 2. APPROVAL OF MINUTES. Councilman Shipman moved that the Town Hall Meeting Minutes of September 3, 4 and 5, as well as the minutes of the Regular Meeting held on September 15th be approved as presented. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3.CONSIDERATION OF SECOND READING OF ORDINANCE ADOPTING MUNICIPAL BUDGET FOR FISCAL YEAR 1980/81. Mayor Turner read aloud the following caption: AN ORDINANCE OF THE CITY OF ~ COLONY, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 1980 SEPT~I~BER 30, 1981; PROVIDING 1%LAT EXPENDITURES FOR SAID FISCAL YEAR SHAI,I, BE MADE IN ACCORDANCE WI%H SAID BUDGET; AND DECLARING AN EFFEC- TIVE DATE. Councilman Norwood moved that the Ordinance adopting the Budget for the Fiscal Year 1980/81 be approved by a second reading and directed the City Secretary to publish notice of the tax increase hearing to be held on October 13 1980. The .motion was seconded b!z_ Councilman Shipman. At this time Councilman Adams stated that she had voted against the Budget upon the first reading due to the expenditure of funds on so~e items that she felt were unnecessary durlng this fiscal year. However, she will vote for the Budget upon second reading, because she does favor strongly the right of the Council to follow a certain procedure in adopting a Budget, and she personally expressed her anger and disappointment that a s~it would De filed against the City reqarding such a procedural matter as passage ten days prior to October 1. At this time, Mayor Turner, asked 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 -1- 000G93 4. PRESENTATION OF CERTIFICATES OF APPRECrION TO MUSCULAR DYSTROPHY CHAIRMAN SYLVIA BRANTLEY AND VICE CHAIRMAN MIKE STU~<EY. Mayor Turner presented to Sylvia Brantley tine Certificate of Appreciation fr~n the City for her and Mike Stuckey's year long contribution to make the Colony's Muscular Dystrophy Telethon contribution such a worthy one. Ms. Brantley stated that this year the Colony contributed $6,500.00 to M.D.A. and they had been working on fund raising projects since August 1, 1980. This contribution mede them third or fourth highest contributor in the metroplex area. Mike Stuckey was unable to De present to accept his Certificate of Appreciation at this time Mayor Turner stated. 5. CONSIDERATION OF FIRST READING OF ORDINANC~ ADOPTING OVER/65 AND DISABILITY TAX EXEMPTIONS. Mayor Turner read aloud in its entirety the fo±lc~ing captioned Ordinance: AN ORDINANCE OF 5HE CITY OF ~ COLONY, TEXAS, PROVIDING HOMESTEAD ~IONS FOR DISABLED PERSONS OR PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER,; PROVIDING FOR THE FILING OF AFFIDAVITS; AND PROVIDING AN EFFECTIVE DATE; Whereas, Section 11.13 of the Property Tax Code permits the City to exempt not less than $3,000.00 of the assessed value of residence hca~steads of married or unmarried persons Sixty-five (65) years of age or older or disabled person from all ad valorem taxes; and Whereas, the City Council of the City of The Colony desires to exempt frem all ad valorem taxes $10,000.00 of the assessed value of said homesteads, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ~ COLONY, TEXAS: Section 1. That pursuant to Section 11.13 of the Property Tax Code of the State of Texas, $10,000.00 of the assessed value of any residence home- stead of any married or unmarried adult male or female person, including those living alone, who is sixty-five (65) years of age or older, shall be exempt from all City ad valorem taxes for the tax year 1980, and all subsequent levies, upon the owner's ccxnpliance with the following requirements: (a) The owner of the residence homestead, or one of the spouses residing thereat, if the residence homestead is owned by a married couple, shall have attained the age of sixty-five (6b) years or older as of January 1, of each tax year, beginning with 1980. (b) The owner of the residence homestead claiming exemption set out herein shall submit to the Assessor and Collection of Taxes for the City an affidavit that the owner or one of the spouses, if the residence home- stead is c~ned by a married couple, is sixty-five (65) years of age or older and was as of January 1 of the tax year. The initial exemption claim shall be accomplished by adequate proof of such age, but subsequent renewals of the exemption may be by affidavit only. Section 2. That $10,000.00 of the assessed value of any residence homestead of any "disabled" person, as that rem is defined in Section 11.13 (m))1) of the Texas Property Tax Code, shall be exempt frc~ all City ad valorem taxes for the tax year 1980, and all subsequent levies, upon such person furnishing the Assessor and Collector of taxes written evidence of disability as determined by the Social Security Administration. Section 3. Any person who makes a false affidavit in claiming the hc~e- stead exenlotion declared herein shall be subject to all penalties which exist for the lack of payment of taxes, and such exemption shall be cancelled and withdrawn for the tax year claimed, and all other appropriate criminal penalties shall be applicable. Section 4. The ordinance shall take effect iin~nediatelY from_and after its passage on second and final reading and the publication of the caption as the law and charter in such cases provide. -2- 00069 Councilman Longo m~ved to approve this Ordinance upon first reading. Seconded by Councilman Shipman, the motion was passed by the follow- ing rOll call vote: Ayes: Councilman Longo Councilman Adams Councilman Shipman Councilman Norwood Noes: None Abstention: Councilman Adeler b. CONSIDERATION OF FIRST READING OF ORDINANCE ADOPTING THE UNIFORM BUILDING CODE, 1979 EDITION. Tom Hart, City Manager, read aloud the following captioned Ordinance in its entirety: AN ORDINANCE OF 5HE CITY OF 5HE COLONY, TEXAS, ADOPTING 5HE UNIFORM BUILDING CODE, 1979 EDITION, OF ~ INTERNATIC~AL CONFERENCE OF BUILDING OFFICIALS; REPEALING ORDINANCE NUMBER 21 AND ALL gIHER ORDINAN- CES IN CONFLICT; PROVIDING INSP~.CTION FEES FOR SIN~I.M-FAMILY RESID~CES; PROVIDING 5HAT INSPECTION FEES MAY BE CHANGED BY RESOLUTION OF 5HE CITY COUNCIL; PROVIDING FOR A PENALTY OF FINE NOT TO EXL]EED THE SUM OF TWO' HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Section 1. That the Uniform Building Code, 1979 Edition, of the International Conference of Building Officials, is hereby adopted by reference as the Building Code of the City of The Colony, Texas, with the amen~ts hereafter specified. Said 1979 Edition of the uniform Building Code is made a part hereof for all purposes and attached hereto as Exhibit "A". A true and correct copy of said Uniform Building Code shall be kept in the Office of the City Secretary and be made ~available for inspection durmng regular business hours. Section 2. The permit and inspection fees provided in Chapter 3 shall be applicable to all construction or work except Single-Family Residential con- struction of Two Hundred and Fifty Dollars [$250.00) per unit. Such fee and the other fees provided in Chapter 3 of the Code may hereafter be adjusted from time to time by resolution of the City Council of the City of The Colony. Section 3. Ordinance Number 21 and all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Section 205 of the 1979 Edition of the Unifom Building Code is amended to provide for a fine of not more than Two Hundred and Fifty Dollars [$250.00) for each and every day or portion thereof during which any violation of any of the provisions of the Code is conmitted, continued or permitted. Section 205 is further amended to delete any reference to imprisonment or fine and imprisonment. Section 5. If any section, subsection, clause, or phrase of this ordinance or of the Uniform Building Code, 1979 Edition, as adopted is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance or of the Uniform Building Code, 1979 Edition, as adopted, and the provisions of this ordinance and of the 1979 Edition of the Uniform Building Code are hereby declared to be severable. Section 6. This ordinance shall take effect imnediately from and after its passage and publication of the caption as the law and charter in such cases provides. Councilman Norwood moved that this ordinance be approved upon first reading. Seconced by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -3- 000695 7. CONSIDERATION OF ORDINANCE AUYHORIZ~G %HE CITY MANAGER TO PURCHASE ONE MOBILE OFFICE BUILDING. Councilman Shipman moved to approve this Ordinance upon first reading, however, prior to a motion to second, Councilman Adams felt that this should be discussed at length prior to purchasing and recommended that it be tabled until more aetailed figures could be obtained recfarding the cost of moving the structure and the maintenance of the structure. Bob Brown, MUD board n~amber, was recognized and stated that their attorney had advised the utility district that this could not be purchased on a lease/ purchase contract as the Ordinance implied. At this time Councilman Adams moved to table this agenda item for further information. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All r~3abers present voted aye Noes: None 8. CONSIDERATION OF FIRST READING OF ORDINANCE ESTABLISHING HOSPITAL AUTHORITY BOARD o The Council was in concurrence that~.~hey baa not received adequate information from Mr. Parisi regarding future plans of Methodist Hospital. At this tin~, Councilman Longo moved to table this Ordinance until further information could be obtained. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CLOSED DOOR SESSION DEALING WITH PERSONNEL AND PENDING LITIGATION MAYTERS. Mayor Turner announced that the Council would now meet in close~ door session as authorized by Article 6252-17 Section B of Vernon's Annotated Civil Statutes, and that no action would be taken on this agenda item. Upon reconvening in open session, Mayor Turner announced that no action would De taken. Councilman Longo then moved that t~e meeting De adjounred. Seconded by Councilman Shipmmn, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mayor Turner adjourned the meeting at 8:55 p.m. J ~arroll, City Secretary -4-