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HomeMy WebLinkAbout08/23/1982 City Council 001253 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON AUGUST 23, 1982 A REGULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall with the following members present: Gene Pollard Mayor Scott North Councilman Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with no members absent; thus, a quorum was established. 1. APPROVAL OF MINUTES Councilman Parker moved that the minutes of the Regular Session held on August 2nd, the Special Session held on August 9th and the Emergency Special Session held on August 10th be approved as presented. Seconded by Councilman Poole, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 2. CITIZEN' INPUT Mayor Pollard noted that there was no one signed up for citizen input at this time. 4. PUBLIC HEARING REGARDING ANNEXATION OF A 50-ACRE TRACT OF LAND GENERALLY LOCATED ON THE NORTHERN BOUNDARY OF THE CITY AT THE INTERSECTION OF SQUIRES DRIVE AND TAYLOR DRIVE Mayor Pollard stated they would skip Agenda Item No. 3, City Manager's Status Report, so that this hearing could be conducted early in the meeting schedule. Councilman Sample moved to open the Public Hearing. Seconded by Councilman North, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Again, Mr. Savage described the location of the land, advising that it was a 50-acre tract that had been requested to be annexed into the City by the Lewisville Independent School District. He also advised that this area could be serviced adequately with police, fire and ambulance services. He stated there was no park area on this land to be annexed presently and that the Municipal Utility District could service it with water and sewer. Mayor Pollard then recognized John Clanton, Mayor of the City of Frisco, who read his following letter: City Council City of The Colony, Texas 5576 N. Colony Blvd. The Colony, Texas Honorable Mayor and Distinguished Members of the City Council of the City of The Colony: 001254 As Mayor of the City of Frisco, Texas, on behalf of the City of Frisco, I strongly appose (sic) the proposed annexation requested by the Lewisville I.S.D. of the B. B. Owens tract to the City of The Colony, Texas because it represents a clear violation of the boundry (sic) adjustment agreement between the two cities. Several years ago, Fox & Jacobs requested an extension of the city limits of the City of The Colony, Texas from the City of Frisco. Because Fox & Jacobs, the City of The Colony, Texas and the City of Frisco, Texas had worked together well in the past and the City of Frisco desired to nurture the relationship with the City of The Colony, we agreed to move our boundry lines northward for a third time. That boundry adjustment agreement resulted in the two cities extending The Colony's boundry north to the South property line of the proposed annexation. The boundry line between the two cities is clearly established by a 5' strip of extraterritorial jurisdiction to the City of Frisco. The City of The Colony now desires to breach that agreement and extend its annexation beyond the extra-territorial jurisdiction of the City of Frisco. If the City of The Colony, Texas insist (sic) on violating the boundry adjustment agreement and Frisco's extra-territorial jurisdiction, the City of Frisco will be forced to request relief from the court. We do not desire to avail ourselfs (sic) to the court system but your attempted abbrogation of your contractual obligation and disrespect for the territorial lines of our City leaves us no choice. The City of Frisco, Texas stands ready to honor its agreements with its neighbors and assist them in any way we can. However, your insistance on breaching a contractual relationship and violating our territorial integrity will result in a court battle. For these reasons, we respectfully request the City Council of the City of The Colony, Texas reject the requested annexation. Respectfully submitted, /s/ John Clanton Mayor City of Frisco, Texas Mayor Pollard also noted that Mike Bogard, City Administrator, was also present. There being no further comments for or against this annexation, Councilman Dodds moved to close the Public Hearing. Seconded by Councilman Adeler, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 3. CITY MANAGER'S STATUS REPORT Mr. Savage advised the Council that Rick Herold, Director of the Park and Recreation Department, is still ill and will be out for the next several weeks; however, he stated that the Stewarts Creek Park clean up is scheduled for August 28th. He told the Council that Fox & Jacobs had mowed the park area and that Tuesday the city would begin controlled burning in the park. He added that this burning has been approved by the Corps of Engineers. Regarding the lease on Stewarts Creek Park, Mr. Savage asked for guidance from the Council. He stated that generally the Corps does enter into a long-term lease agreement and requires extensive details regarding a master improvement plan for the next five years. Mr. Savage stated that he did -2- recommend that we try to negotiate the short-term lease on this park area rather than commit to a master plan at this time. He added that a bond election would be necessary before any major improvements could be done to the park. Mayor Pollard felt that it was imperative that we begin annexation proceedings on the park area. Mr. Savage agreed that this should be done but did clarify that even if it were annexed, the Corps could remove management rights from the city. Councilman Parker stated that he did have some concerns regarding the opening of the park for Labor Day. Councilman North asked if our Police had the authority to issue tickets in the park and if these tickets would be processed through our court or the County court. Mr. Savage advised the Council that he would check on this. Regarding the lease, Councilman Sample said that he was concerned that if the city did enter into a two or three-year lease with the Corps and entered into a moderate improvement program, what would be the possibility of the Corps not renewing the lease after the term was up. Mr. Savage felt that this would not happen unless the city did violate particular federal or state laws or if the city was not being responsible for the proper care of the property. Councilman North agreed with Councilman Sample that he also would like some assurance that after the short-term lease was up the city would have the option to continue to operate the park. Mayor Pollard suggested that the city apply for ownership of this land through the Public Park and Recreation Act. The Council was in concurrence that this should be pursued. Councilman Parker asked if the water pump was working in the park area at this time. Mr. Savage advised that it was working but he was not sure of the water quality and would check on this prior to Labor Day. Mayor Pollard advised the Council that the County had agreed to wet, grade and cut a ditch along the park road before Labor Day. Councilman Parker stated that he was totally in favor of opening the park for use, but he did have concerns about opening the park before proper sanitary conditions were provided, the roadway was in adequate condition and clean-up arrangements had been made for after Labor Day. Councilman Poole agreed that she was against opening the park if volunteers again would have to be used to clean it up. Councilman Parker asked Sylvia Brantley, of the Park and Recreation Department, if there were any major plans that have been made. Mrs. Brantley advised them that only tentative plans for the August 28th clean up had been made at this time. She did add that the Big A publicity function did raise $1,000 to be used for the clean up of Stewarts Creek Park. After lengthy discussion, Councilman Dodds stated that he felt there was no good way to keep people from using the park, and the city should provide the best possible facilities. Councilman Adeler did agree the park should be usable for the Labor Day weekend. Councilman Sample felt that it would be in the best of interest for all to keep the park closed. Council- man North stated that even if the park were closed, the city would not have access for emergencies, and it should remain open. Councilman Parker stated that if his four concerns, the roadway, water, clean up and security, could be covered then he would be in favor of opening the park for Labor Day. It was decided that it was the consensus of the Council that the park should be cleaned up and opened for Labor Day. Mr. Savage stated that the Certificate of Occupancy had been granted to Griffin Middle School and that Stewarts Creek Ele- mentary School still had some minor problems to be corrected, however, temporary certificates of occupancy could be issued for major areas. He told the Council that the flood insurance representative who had presented a program to the Council earlier had called him and advised that they were doing flood plain studies, and asked if The Colony would be interested in being included in this study. Mr. Savage assured the Council that there would be no money involved. The Council did agree that they should participate in this flood plain study. -3- 0012 56 Councilman Sample asked what were the minor problems at Stewarts Creek Elementary School that were keeping them from getting a Certificate of Occupancy. Mr. Savage stated that, although he was not familiar with every problem, some of them were: Wall socket covers had not been provided, one sidewalk was not completed, and the auditorium and cafeteria had some minor construction problems. He did advise the Council that temporary certificates of occupancy would be issued for the building but, if these areas were not in compliance, they would be sealed off from use. Mr. Savage advised them that a letter from Charles E. Earle, the Chief Appraiser for the Denton County Appraisal District, had been included in their packets. He stated that Mr. Earle has advised them that the Board of Review has completed the hearing process and certified the appraisal roll. He stated that the appraisal roll should be available to the city by the 10th of September. He advised the Council that he would be going to two hearings in Austin in the upcoming week. Friday, August 27th, he would attend the hearing for the hospital's application for a certifi- cate of need, and the Municipal Utility District hearing was scheduled for August 30th. He stated that Fox & Jacobs had applied for 22 home permits this past week and that F&J had lowered the interest rate for home mortgages to 14%. He stated that at the intersection of Old Denton Road and Highway 121, a police vehicle was involved in a wreck and has been totaled for insurance purposes. He added that the Lewisville Police Department is presently ticketing all vehicles that pass on the shoulder at that intersection; however, the Highway Department will be marking the intersection for proper passage in the next few weeks. He stated that the proposals from the auditors were due at City Hall by August 30, 1982. Councilman Sample stated at this time that he had heard that IBM had filed for an agricultural exemption on property located within the city. Mr. Savage advised that they were entitled to this exemption but did not know of it, and he would look into this and report back to the Council. Councilman Dodds presented to Mr. Savage some information that he had gathered regarding the IBM computer system No. 23 for his review. 5. RECEIVE REPORT FROM JULIUS FAMBRY ON REACT SYSTEM Mr. Fambry explained to the City Council what a basic REACT System was and advised that the Dalworth Company will donate a Channel 9 Base Station to the city to be monitored by commu- nications. He did explain that the actual REACT, as it is established in Dallas County, is manned entirely by volunteers on a 24-hour basis. This Base Station will allow the city dispatchers to monitor Channel 9, which is the emergency channel on CB sets, for emergency information. Councilman North asked if there were any problems with abuse on this system and if the cost to make signs would be the city's. Mr. Savage advised the Council that he and the Chief of Police had discussed this and saw no problem with it and would certainly be willing to accept this donation. It was also clarified that an antenna would also be provided, however, Dalworth would not install the equipment. Mr. Fambry was instructed to contact Chief Ristagno regarding the details of this donation. -4- 1257 6. RECEIVE REPORT ~ROM FRAN DANIS ON DENTON COUNTY FRIENDS OF THE FAMILY Mr. Savage introduced Fran Danis, the Executive Director of the Denton County Friends of the Family, Inc. Ms. Danis then introduced Charles Fiscus, a member of the Friends of the Family Board, to give a presentation to the Council. He stated that the Friends of the Family was requesting a $5,000 appropriation of funds from the city and, in turn, for this appropriation would provide certain counseling and safe-house services to the citizens of The Colony. Mr. Fiscus presented statistics regarding domestic disturbances in The Colony, and he stated that there were approximately 23 calls per month, and that 75% of these domestic disturbance calls were repeats. Based on this volume, at an average time of 30 minutes per call, he did advise the Council that each call would cost approximately $20. He also advised the Council that from July 1981 to June 1982, there were 14 cases and, in the last two months, July and August 1982, five cases had been reported. He stated that this problem will be increasing and will take more police time. With this $5,000 appropriation, the Friends of the Family will pick up an individual and their children, take them to the home and provide all counseling free of charge. He did advise the Council there was a unit basis cost of $19 per day per individual and $15 for counseling, but he stated that it would be more cost effective for The Colony to give a one-time donation of $5,000. Mayor Pollard, in speaking for the Council, stated that it is a concern of theirs and they would like to look into this for the next budget year. Mr. Fiscus did explain to the Council that the Friends of the Family must receive 25% of its budget from local funding sources before the state will provide the remaining 75%. Councilman Dodds asked if the Friends of the Family could provide reports to the Council as to their activity. Ms. Danis said that quarterly reports were presently being provided to the City of Denton, and the same could be done for The Colony. After lengthy discussion, it was agreed that this would be discussed at the September 7th Council meeting. Mayor Pollard stated that, although this was not an agenda item, he would like to recognize at this time Mike Stuckey, a volunteer fireman and Chairman of the Muscular Dystrophy Drive in The Colony, as well as other volunteers. Mr. Stuckey advised that this is the fourth year that MDA has been active in The Colony and that this year in the "Fill the Boot Campaign", The Colony Volunteer Firemen had raised $1,093. At this time, Mr. Charles Fiscus donated $10 to raise the amount over $2,000. Mr. Stuckey also advised that the telephone pledge center will be at the Park and Recreation offices this Labor Day weekend and requested that anyone who would like to volunteer to serve should contact City Hall. At this time, Mr. Stuckey presented a Certificate of Appreciation to the Volunteer Firemen who had worked with them in the "Fill the Boot Campaign" from the MDA, as well as to Sylvia Brantley, who had served as Co-Chairman of the MDA Telethon for the past three years. ADDITIONAL AGENDA ITEM: REQUEST FROM THE COLONY YOUTH SOCCER ASSOCIATION FOR USE OF CONCESSION STAND AT TURNER STREET PARK AND CONCESSION VAN Pat Aldinger, a representative of CYSA, and Richard Haas, President of the CYSA, presented this request. Ms. Aldinger stated that she is requesting the use of the concession facilities at the Turner Street athletic complex and the use of the Park and Recreation van at the North Colony soccer fields from September 1, 1982, through August 31, 1983, with an option for continued use. Mr. Savage advised that they did request exclusive permission to operate the Turner Street concession stand and the concession van for the upcoming soccer season. He added that CYSA has agreed to pay for electricity at the Turner Street site during the soccer season and pay $5 per day for use of the concession -5- 001258 van. This is in keeping with past practice with other athletic associations. All the proceeds from the concession operations will go to CYSA. No individuals will derive personal gain from this operation, Mr. Savage emphasized. After a brief discussion, Councilman Pa~ker made the motion that CYSA be granted the use of the Turner Street concession stand and coordinate with Park and Recreation for the use of the concession van for the upcoming soccer season. Councilman North seconded this motion. Mayor Pollard stated that he had problems with the word exclusive used by the City Manager in his memorandum to Council. Ms. Aldinger explained that the CYSA will be providing equipment to the con- cession stand at a major cost to the organization, and they would like to have the option to lease this stand to other organi- zations. Mayor Pollard stated he did have a problem with this exclusive use of a city facility. There followed a lengthy dis- cussion regarding the actual term of this request, and the use of the fields by other athletic associations during the year. Councilman North felt that an agreement for one year would be feasible if it was understood that CYSA would not derive any benefits from other organizations but recoup only the cost of the equipment. Mayor Pollard felt that no terms were provided, and the option for the continued use was vague. It was clarified that Councilman Parker's motion did approve this only through August 31, 1983. At this time, Mayor Pollard called for a vote on the motion on the floor. The motion carried by the following roll call vote: Ayes: Councilmen North, Sample, Adeler, Parker, Dodds and Poole Noes: Mayor Pollard 7. CONSIDER ORDINANCE AMENDING CATV FRANCHISE Mayor Pollard read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE NO. 123 BY AMENDING SECTION 7(b) TO PROVIDE FOR THE ANNUAL PAYMENT OF FRANCHISE FEES; AMENDING SECTION 10(j) TO DELETE THEREFROM THE REQUIREMENT THAT THE COMPANY PROVIDE THE MUNICIPALITY WITH PROOF OF FCC PERFORMANCE COMPLIANCE AS A CONDITION TO THE RETURN OF ITS SECURITY DEPOSIT; PROVIDING FOR ACCEPTANCE BY FRANCHISEE; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds moved to approve the ordinance as presented. This motion was seconded by Councilman North. Councilman Poole asked why the change regarding the franchise payment from quarterly to yearly. Mr. Risher of CATV advised that it was simply a book- keeping decision, and it could be kept at the present quarterly payments. Councilman Sample did have concerns in that he felt the city was loaning the franchise money to CATV for a period of one year. After a lengthy discussion of this procedure, the Council was in agreement that Section 1, providing for an annual payment of franchise fee should be deleted and that the ordinance only remove the requirement that CATV provide proof of FCC per- formance compliance as a condition to the return of its security deposit. Councilman Sample made an amendatory motion to that effect. Seconded by Councilman Poole, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pollard then called for a vote upon the amended motion. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None -6- O01259 8. CONSIDER ORDINANCE REVISING THE FUEL COST FACTOR TARIFF SCHEDULE OF TEXAS POWER & LIGHT COMPANY Mayor Pollard read aloud the following caption: AN ORDINANCE REVISING THE FUEL COST FACTOR TARIFF SCHEDULE OF TEXAS POWER & LIGHT COMPANY AND PROVIDING A PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES OF TEXAS POWER & LIGHT COMPANY, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH REVISED FUEL COST FACTOR TARIFF SCHEDULE AND SAID PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES, PROVIDING CONDITIONS UNDER WHICH SAID REVISED FUEL COST FACTOR TARIFF SCHEDULE MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC. Mr. Savage introduced Mr. John Turner, Manager of the Texas Power and Light office in The Colony. Mr. Turner advised the Council that this ordinance is a Public Utility Commission order to pro- vide a new procedure for intra-company sales. He assured the Council that this ordinance was only a procedural change and will not change any rates for the citizens of The Colony. In fact, he stated that this agreement is in favor of the city, as it regulates intra-company sales. After a brief discussion, Councilman Dodds moved to approve this ordinance as presented. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Before proceeding to the next agenda item, Councilman North noted that his electric bills were extremely high in the month of July. Mr. Turner explained that this July, the customers were feeling the effect of the 1981 rate increase which went into effect in August of 1981, as well as the new rate increase that went into effect in July of 1982. He advised Councilman North that TP&L would be happy to conduct an energy audit of his home and why his bill in particular was extremely high. 9. CONSIDER RESOLUTION APPROVING FORMATION OF THE COLONY HOUSING FINANCE CORPORATION Mr. Savage introduced Mr. Dan Almon of Rauscher Pierce Refsnes and Mr. Pete Tart of McCall, Parkhurst and Horton who is the bond attorney. Councilman Adeler asked what would be the advantage to the city of entering into this program. Mr. Almon said that it would supplement home sales with affordable mortgages in The Colony. He did stress that they were tax free municipal bonds. He also advised the Council that the interest at today's date was at 11.75%. Mr. Tart did provide to the Council all of the incorporation papers. He advised them that Article 1269L, Section 7, did give the authorization for the incorporation of this authority. He explained that the city acts only as a sponsor by approving the incorporation and naming its directors. Then when the corporation is no longer meeting, all of the assets of that corporation would be returned to the city. He told the CounCil there was no prohibition in state law of a Council member or an employee being a board member. Councilman Sample stated that in the articles of the incorporation, Article 8 provides for six-year terms of the directors. Mr. Tart explained that this was the maximum by state statute and that it certainly could be changed to a shorter term. At this time, Mayor Pollard read aloud the following resolution: THE STATE OF TEXAS COUNTY OF DENTON CITY OF THE COLONY A RESOLUTION APPROVING FORMATION OF THE COLONY HOUSING FINANCE CORPORATION -7- 001260 WHEREAS, an application in writing seeking the incorporation of a housing finance corporation under the provisions of the "Texas Housing Finance Corporations Act" has been filed with the City of The Colony (the "City") by at least three individuals, each of whom is a citizen of the State of Texas, of the age of 18 years or more and residents of the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That, the City Council of the City has found and determined, and hereby finds and determines, that it is wise, expedient, necessary, or advisable that the corporation be formed. Section 2. That, the City Council of the City hereby approves the form of articles of incorporation proposed to be used in organizing the corporation, a copy of which is attached hereto as "Exhibit A", and hereby grants authority for the incorporation of the corporation. Section 3. That this Resolution shall take effect imme- diately from and after its adoption. Councilman Parker moved to approve the resolution as presented. The motion was seconded by Councilman North. In a brief discussion prior to voting, Mr. Tart explained that, after the papers are filed with the state, an organizational meeting will be held, and the board members will set the program guidelines at that time. At this time, Councilman Sample moved to amend Article 8 of the Articles of Incorporation to provide for three members to serve a four-year term and that four members initially serve a two-year term to provide for staggering of terms. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pollard then called for a vote on the resolution as amended. The motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDER PARTICIPATION WITH OTHER CITIES IN SOUTHWESTERN BELL RATE CASE Mr. Savage advised the Council that on June 21, 1982, Southwestern Bell filed for another rate increase with the PUC. The company has asked for an additional $471.5 million per annum increase, which is approximately a 13.4% overall increase. He stated that TML was organizing to fight this increase, and they were asking each city that joined to pay 3.5¢ per capita based on the 1980 population figures. Councilman Parker moved to join with TML to fight this rate increase filed by Southwestern Bell. The motion was seconded by Councilman Dodds. Councilman Sample stated that this particular increase does not affect The Colony as much as earlier increases in that it affects primarily local rates and not long distance. Mr. Savage stated that this is true, however, the attorneys do recommend interven- tion. Mayor Pollard noted that when The Colony was requesting metroplex service, our interests were not supported by surrounding cities, and he saw no reason for The Colony to sustain a community of interest approach on this matter. Councilman Parker stated that he did understand the Council's concerns; his motion to approve this was based on his feelings that he was against any increase to Southwestern Bell. Councilman Adeler stated that he did agree with Councilman Sample. After further dis- cussion, Mayor Pollard called for a vote on the motion on the floor. The motion failed by the following roll call vote: Noes: All members present voted no Ayes: None -8- 001261 11. CONSIDER PROPOSED ORDINANCE AUTHORIZING EXECUTION OF CONTRACT FOR A DEMOGRAPHIC STUDY BY TEE URBAN RESEARCH GROUP Mayor Pollard read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT AGREEMENT WITH THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 AND THE URBAN RESEARCH GROUP TO CONDUCT A DEMOGRAPHIC SURVEY OF THE COLONY; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds moved to approve this ordinance as presented. The motion was seconded by Councilman Adeler. Councilman Sample then stated he still had concerns about this particular group conducting the survey in The Colony. Councilman North stated that he did agree with Councilman Sample's concerns. Councilman Adeler stated that he was in support of this study. Councilman Poole said that Dick Mathis, the representative of the Urban Research Group, does not work with raw data but works with pre-processed information and, therefore, she also was concerned with this organization conducting a demographic survey in The Colony. Councilman Dodds then moved to table this until addi- tional information was obtained. His motion died for lack of a second. Councilman Dodds then stated that it was obvious that we do need the survey, but we do need other options presented, since the Council certainly was not comfortable with this organi- zation. Mr. Savage stated that he felt there were two issues the Council was concerned with: Mr. Mathis' credibility as a surveyor and the actual need of the survey. After a lengthy discussion regarding the preparation of the questionnaire, how the information would be obtained, the programming of the statistical package and tabulating the data, as well as the preparation of results, it was determined that this should be studied further. At this time, Councilman Dodds moved to table this for further information. Seconded by Councilman North, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None ADDITIONAL AGENDA ITEM: CONSIDER AN ORDINANCE APPROVING A FRANCHISE AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE COMPANY Mayor Pollard read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING THAT SOUTHWESTERN BELL TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; AND PROVIDING AN EFFECTIVE DATE. Councilman Adeler moved to approve this ordinance as presented. The motion was seconded by Councilman Poole. It was noted by Councilman Parker that it would add an additional 2% charge to a citizen's bill. Mayor Pollard also advised that this was the standard form ordinance that had been adopted by all cities that were presently receiving franchise payments from Southwestern Bell. There being no further discussion, Mayor Pollard called for a vote upon the motion on the floor. The motion carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None -9- 001 62 12. RECESS INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS A. APPOINTMENT TO LIBRARY BOARD B. APPOINTMENT TO PARK & RECREATION BOARD C. APPOINTMENTS TO HOUSING FINANCE CORPORATION D. REVIEW MUNICIPAL COURT JUDGE ADDITIONAL AGENDA ITEM: CLOSED DOOR SESSION/ PENDING LITIGATION Mayor Pollard announced that in accordance with Article 6252- 17 of Vernon's Annotated Civil Statutes, the Council would now retire to a closed door session to discuss the above referenced subjects. 13. CONSIDER APPOINTMENTS TO CITY BOARDS A. LIBRARY BOARD B. PARK & RECREATION BOARD · C. HOUSING FINANCE CORPORATION Upon reconvening in open session, Councilman Parker made the motion that Sherri Campbell be appointed to the Library Board and that John Turner be appointed to the Park & Recreation Board, these appointments being contingent on their acceptance and Mr. Turner's resignation from the Industrial Development Corporation. This motion was seconded by Councilman Poole, and carried by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pollard stated that he would like it noted in the minutes that he did commend Mr. Savage on his research work and handling of the annexation litigation process. There being no further action to be taken by the Council, Councilman Dodds moved the meeting be adjourned. Seconded by Councilman Poole, the motion carried by the following vote: Ayes: All members present voted aye ~-' Noes: None Mayor Pollard adjourned the meeting at 1:50 a.m. G~POLLARD, MAYOR ATTEST: ~ ~/~~ ~TARY J~~ iE CARROLL, -10-