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HomeMy WebLinkAbout04/06/1981 City Council 000833 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON APRIL 6, 1981 A REGULAR MEETING of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Richard Turner Mayor William J. Longo Councilman Norman Adeler Councilman Gary Shipman Councilman Dave Brown* Councilman *Dave Brown was not present at this meeting. and with no members absent, a quorum was established.* *and with Councilman Dave Brown absent, however, a quorum was established. 1. BRIEFING SESSION The City Council did meet to discuss the following agenda items; however, no action was taken at this time. Mayor Turner did take this opportunity to thank all citizens for cooperating during the severe storm that struck The Colony on April 3, as well as their help in securing damaged homes during the night. He also took a moment to thank Bill Vackar of Colony Hardware for his donation of materials. 2. PRESENTATION OF CERTIFICATES OF APPRECIATION FOR FIREMEN Mayor Turner presented these certificates in appreciation to Rick Cartier and Wayne Scott for their five years of service as Colony Volunteer Firemen. 3. PRESENTATION OF CERTIFICATE OF APPRECIATION TO CAMEY ELEMENTARY SCHOOL FOR "JUMP ROPE FOR HEART" Mrs. Hall, the sponsor of this program at Camey Elementary, reported to the Council that the 308 participating students had raised for the Heart Fund Association a total of $8,022.35, with Shannon Shearer being the high contributor by personally raising $260.00. Kim Hall and Kelly Hall were also present to receive the certificate. 4. CONSIDERATION OF CANVASS OF RETURNS FOR MUNICIPAL/MUD ELECTION TO BE HELD ON APRIL 4, 1981 After review of the returns, tally sheets, poll list and signature list, Mayor Turner read aloud the following canvass of the Mayor and Council election: CANVASS OF RETURNS AND DECLARATION OF RESULTS OF ELECTION BE IT REMEMBERED THAT on this the 6 day of April, 1981, at a meeting of the City Council of the City of The Colony, Texas, a quorum being present, the meeting was called to order and the following business was transacted. Upon motion of Councilmember and seconded by Councilmember , it was unanimously ordered that the City Council consider the official returns of an election held in the City on the above mentioned date, for the election of City Officers. WHEREUPON said official returns were opened, examined, canvassed and the results declared as follows: CANVASS OF RETURNS AND DECLARATION OF RESULTS WHEREAS, heretofore, the City Council of the City of The Colony, Texas, called an election to be held in the City on April 4, 1981, for the purpose of electing a Mayor for a two year term, a Councilmember for Place 1 for a two year term, a Councilmember for Place 2 for a two year term and a Councilmember for Place 5 for a one year term; and -1- 000834 WHEREAS, immediately after said election the Presiding Judge and other officials holding said election made their returns of the results thereof to the City Council as follows, and said returns being made according to law, and duly authenticated, and it being shown that written notice of said election was posted for the time and in the manner provided by law, and all other proceeding, s pertaining to said election having been shown to have been done and performed at and within the time and in the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council and no protest or objection being made to or regarding any matter pertaining to said election; NOW, THEREFORE, be it resolved by the City Council of the City of ~ The Colony, Texas, after examining said returns and opening and canvassing the votes of said election, that the results of said election are as follows: That the following number of votes were cast for the following named candidates for the office of Mayor, to-wit: NAME NUMBER OF VOTES Richard Turner 472 Daniel R. Szekely 39 Nick Oprea 393 Sandra Shearer 2 Tom Hart 1 Bob Brown 2 Ida Longo 1 Robert F. Brown 2 Bill Longo 1 Allen G. Borden 1 It appearing that Richard Turner received a majority of all votes cast for all the candidates for the office of Mayor and he is hereby declared to be elected to the office to serve after qualifying for said term commencing April, 1981. ._.. That the following number of votes were cast for the following named candidates for the office of Councilmember for Place 1 for a two year term, to-wit: NAME NUMBER OF VOTES Scott North 517 William (Bill) Longo 383 Gene Pollard 2 It appearing that Scott North received a majority of all votes cast for all the candidates for the office of Councilmember for Place 1 for a two year term and he is hereby declared to be elected to the office to serve after qualifying for said term commencing April, 1981. That the following number of votes were cast for the following named candidates for the office of Councilmember for Place 2 for a two year term, to-wit: NAME NUMBER OF VOTES , Larry D. Sample 286 Gary Green 294 ----- Freeman Upchurch 317 Tim McCord 1 Andrew Longo 1 Don Meadows 1 It appearing that no candidate received a majority of all votes cast for all the candidates for the office of Councilmember for Place 2 for a two year term and a run-off election shall be held between Freeman Upchurch and Gary Green, the two candidates receiving the highest number of votes for such office. -2- That the following number of votes were cast for the following named candidates for the office of Councilmember for Place No. 5 for a one year term, to-wit: NAME NUMBER OF VOTES P. Dave Brown 371 Bonnie D. Hokanson 185 Charles T. Dodds 326 Hart Mason 1 It appearing that no candidate received a majority of all votes cast for all the candidates for the office of Councilmember No. 5 for a one year term and a run-off election shall be held between P. Dave Brown and Charles T. Dodds, the two candidates receiving the highest number of votes for such office. IT IS FURTHER ORDERED that this canvass and declaration of results of said election be entered in the Minutes of the City Council and that said officers, after they have qualified and taken their oaths, shall serve during the term commencing April, 1981, and thereafter until their successors are duly elected and qualified. That this Resolution, declaring the results of the election called for April 4, 1981, shall become effective immediately after its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this the 6 day of April, 1981. MAYOR ATTEST: APPROVED AS TO FORM: CITY SECRETARY ATTORNEY The Council also reviewed and approved the following canvass of the returns of the Home Rule Charter Amendments: OFFICIAL ORDER OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE HOME RULE CHARTER AMENDMENTS ELECTION Be it remembered that on the 6 day of April, 1981, at a meeting of the City Council of the City of The Colony, Texas, a quorum of the City Council being present, the meeting was called to order and the following official order was entered, to-wit: Upon motion of and seconded by , it was unanimously ordered that the City Council consider the official returns of an election held in the City of The Colony, Texas, on April 4, 1981, to answer the propositions submitted to the voters "For" or "Against" the adoption of certain amendments to the Home Rule Charter as proposed in Ordinance Number 140, an authenticated copy of which is attached hereto as Exhibit -"A" and made a part hereof for all purposes. Whereupon said official returns were opened, examined, canvassed and the results declared as follows: That the following number of votes were cast on the propositions "For" or "Against" the adoption of the proposed amendments to the City of The Colony Home Rule Charter, to-wit: -3- 000836 AMENDMENT NUMBER NUMBER OF VOTES 1 For 604 Against 308 2 For 697 Against 209 3 For 685 Against 183 4 For 692 ~ Against 200 5 For 776 Against 118 6 For 198 Against 499 7 For 831 Against 60 8 For 697 Against 187 9 For 740 Against 165 It appearing that the propositions numbered 1, 2, 3~ 4, 5, 7, 8 and 9 received a majority of the votes "For" the proposition, it is hereby declared that a majority of the qualified voters, voting at said election, have voted "For" the adoption of such amendments, it is hereby declared and ordered that the Charter is amended by adding thereto amend- ments numbered 1, 2, 3, 4, 5, 7, 8 and 9, and the same are declared to be adopted. --. It is further ordered that the Mayor, as soon as practicable, shall certify to the Secretary of the State of Texas an authenticated copy of this Order and of Ordinance Number 140 of the City of The Colony calling the election for the submission of the proposed Charter amendments, and that such be furnished under the seal of the City of The Colony, Texas, showing approval by a majority of the qualified voters voting at such election of the amendments numbered above. It is further ordered that the City Secretary enter this Order upon the records of the City by placing the original thereof in the original Ordinance Book of the City of The Colony, kept in the office of the City Secretary. Upon the recording of this official Order declaring the above numbered amendments to be adopted, such amendments shall be considered adopted as public act of the City of The Colony and all courts shall take judicial notice of the same and no proof shall be required of such amendments in any court. This Order declaring the results of the election, canvassing the returns, and ordering the same entered upon the records of the City shall become effective immediately from and after its passage. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, on the 6 day of April, 1981. ~-. APPROVED: MAYOR Member of City Council Member of City Council Member of City Council Member of City Council ATTEST: Member of City Council -4- CITY SECRETARY 00083? - Councilman Longo then moved that the returns from the Mayor and Council Election, as well as the returns from the Home Rule Charter Election be approved as canvassed. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 10. RECEIVE REQUESTS FROM LISD A. THE PLACEMENT OF A SEWER LINE ON CITY RIGHT-OF-WAY Mayor Turner advised the Council that Marshall Durham, Assistant Superin- tendent of Lewisville Independent School District, was present to answer any questions that the Council might have on these requests. Mr. Hart did advise the Council that the sewer line would be run along North Colony Boulevard to the site of the Morris T. Griffin Middle School. This sewer line will be located in the city's right-of-way and has been approved by city staff and the Municipal Utility District. Councilman Shipman stated that since this was proper procedure, he saw no need for formal action from the Council but did concur with this action. The Council agreed. B. PERMIT FEE FOR THE CONSTRUCTION OF THE THIRD ELEMENTARY SCHOOL TO BE LOCATED ON STEWART'S CREEK PENINSULA After a brief discussion of the school's cooperation with The Colony in allowing the use of their structures by our Park and Recreation Depart- ment for various classes, Councilman Shipman moved that the permit fee be waived for the construction of the third elementary school. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None C. REQUEST TO PLACE PORTABLE CLASSROOMS AT PETERS COLONY ELEMENTARY Mr. Durham did advise the Council that the plan for these buildings had been approved by Mr. Bradburry, Director of Community Development, and Mr. Gothard, Fire Chief. Councilman Longo asked if there would be communications to the school rooms from the main building. Mr. Durham answered that there would be prior to the usage as classrooms. After a further brief discussion, Councilman Shipman moved that the use of portable buildings be approved. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Shipman did note that the Fire Department should work with the schools in assuring the safety of the children. 12. CONSIDERATION OF INCREASE IN LIABILITY INSURANCE COVERAGE Mr. Kent Clark, the city's insurance agent, was present to discuss public official liability and its cost at the request of Tom Hart, City Manager. He did clarify for the Council that all volunteers pressed into service during emergency situations were automatically covered by this liability insurance. After a brief discussion, Councilman Longo moved to table this until the new mayor and new Council were seated. Councilman Adeler seconded this motion. The motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDERATION OF SECOND READING OF ORDINANCE CALLING A BOND ELECTION TO BE HELD ON MAY 9, 1981 Mayor Turner read aloud the following captioned ordinance: WHEREAS, THIS CITY COUNCIL OF SAID CITY DEEMS IT ADVISABLE TO CALL THE ELECTION HEREINAFTER ORDERED; AND WHEREAS, IT IS HEREBY OFFICIALLY FOUND AND DETERMINED 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. Councilman Shipman moved to approve this ordinance upon second reading. -5- 000838 Seconded by councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Longo noted that adequate publicity must be done for these items. 6. CONSIDERATION OF SECOND READING OF ORDINANCE AUTHORIZING FINANCIAL CONTRACT Mayor Turner read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR FINANCIAL ADVISORY SERVICES WITH THE FIRM OF RAUSCHER PIERCE REFSNES, INC.; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Shipman moved to approve this ordinance on second reading. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF ORDER CALLING MUNICIPAL RUNOFF ELECTION TO BE HELD ON MAY 9, 1981 Mayor Turner read aloud the following Election Order: RUNOFF ELECTION ORDER BE IT REMEMBERED THAT on this 6 day of April, 1981, at a meeting of the City Council of the City of The Colony, Texas, a quorum being present, the meeting was called to order and the Council issued the following order. WHEREAS, in the election held in the City of The Colony, Texas, on April 4, 1981, no candidate received a majority of all votes cast for all candidates for the office of Councilmember for Place Number 2 for a two (2) year term, thereby making it necessary to hold a runoff election for such office, and it appearing that Freeman Upchurch and Gary Green were the two (2) candidates receiving the highest number of votes for such office; and WHEREAS, no candidate received a majority of all votes cast for the office of Councilmember for Place Number 5 for a one (1) year term, thereby making it necessary to hold a runoff election for such office, and it appearing that P. Dave Brown and Charles T. Dodds were the two (2) candidates receiving the highest number of votes for such office. NOW, THEREFORE, IT IS ORDERED that an election be held in the City of The Colony, Texas, on the 9 day of May, 1981, for the purpose of electing one (1) Councilmember for Place Number 2 for a two (2) year term and one (1) Councilmember for Place Number 5 for a one (1) year term. Candidates Freeman Upchurch and Gary Green shall be entitled to have their names printed on the ballot for Councilmember for Place Number 2 for a two (2) year term and candidates P. Dave Brown and Charles T. Dodds shall be entitled to have their names printed on the ballot for the office of Councilmember for Place Number 5 for a one (1) year term. No other names shall be permitted on the ballot and no write-in votes shall be permitted. The candidate who receives the highest number of votes for the office of Councilmember for Place Number 2 shall be elected to such office for a term of two (2) years and the candidate who receives the highest number of votes for Councilmember for Place Number 5 for a one (1) year term shall be elected to such office for a term of one (1) year. The polling place for said election shall be the Camey Elementary School. The polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. None but legally qualified voters of the City shall be entitled to vote at said election. Notice of said election and conduct thereof shall be the same as for the general City election with notice being posted in three (3) public places within the limits of the City at least thirty (30) days prior to the election day. A return of such posting shall be made by affidavit of the City Secretary. A presiding election Judge and an alter- nate presiding election Judge shall be appointed to serve at each polling place by written order of the Mayor, approved or signed by at least a --6-- 000839 majority of the members of the governing body of the municipality. The presiding Judge for each polling place shall appoint two (2) election clerks and as many additional clerks as are necessary for the proper conduct of the election. Provided, however, ten (10) shall be the maximum number of clerks which may be appointed to serve at any polling place. All Judges and clerks shall be qualified voters in the City. Absentee voting for the designated election shall be held at the regular office of the City Secretary at the City Hall Building, in said City, and said place of absentee voting shall remain open for at least eight (8) hours on each day of absentee voting which is not a Saturday, Sunday or an official State holiday, beginning on the 20th day and continuing to the 4th day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. 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 canvassing of said election. The presiding election Judge shall be paid the sum of $3.00 per hour, plus an additional sum of $20.00 for his service in delivering the returns of the election. The alternate presiding election Judge shall be paid the sum of $3.00 per hour and each election clerk shall be paid the sum of $3.00 per hour for their services in holding the election. Such payments shall not exceed the maximum amounts set out in Article 3.08, Texas Election Code, to-wit: $3.00 per hour for each election official, plus an additional amount paid to the presiding Judge for delivering the returns not to exceed $20.o0. ORDERED this 6 day of April, 1981. ATTEST: MAYOR CITY SECRETARY Councilman Longo moved to approve this order calling a Municipal Runoff Election for May 9, 1981. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. RECEIVE STATUS REPORT REGARDING TML/TP&L RATE INCREASE NEGOTIATIONS Mr. Bill White, Administrative Assistant, presented the written report received from TML to the Council and asked if they had any questions regarding it. He did advise the Council that he would continue updating them on the negotiations. 9. CONSIDERATION OF SELECTION OF NAME FOR THE PROPOSED ELEMENTARY SCHOOL Mr. Bill White presented the following recommendations: Stewart's Creek Elementary Isaac F. Stewart Elementary Willis Stewart Elementary S. A. Venters Elementary based upon historical data gathered regarding the settlement of this area. After a brief discussion, Councilman Longo moved that the third elementary school be named Stewart's Creek Elementary. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 11. CONSIDERATION OF EMPLOYEE VEHICLE ALLOWANCES Mr. Hart stated to the Council that it was his recommendation that the vehicle allowances of city inspectors be increased as maintenance costs -7- 00O84O as well as gasoline costs have jumped significantly. Councilman Shipman did clarify that they were now inspecting every construction. Mr. Hart concurred that they were inspecting every structure at least 12 times and only three inspectors were doing it. Mr. Hart also proposed that the Council look into possible purchase of electric cars for the use of the inspectors. Mr. Adeler said he was of the opinion that this also should be a future agenda item when more facts were presented to the Council. Councilman Longo agreed and moved that this item be tabled until the new Council was seated. Councilman Shipman did clarify that more information was needed. The motion was seconded by Councilman Adeler and 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 moved that the meeting be adjourned. Seconded by Councilman Adeler, 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. -8-