HomeMy WebLinkAbout02/20/1984 City Council MINUTES OF THE CITY COUNCIL
OF THE
CITY OF THE COLONY
HELD ON
February 20, 1984
A REGULAR SESSION of the City Council of the City of The
Colony, Texas, was called to order at 7:30 o'clock P.M.
at City Hall with the following members present:
Larry D. Sample Mayor
Noel Long Councilman
Norman Adeler Councilman
Don Amick Councilman
Charles Dodds Councilman
Marlene Poole Councilman
and with Councilman North absent due to illness; however,
a quorum was established.
1. PLEDGE OF ALLEGIANCE
Mayor Sample led the Council and members of the audience
in the pledge to the United States flag.
2. CITIZEN INPUT
There was no citizen input.
Mayor Sample recognized that Ms. Sandy Jacobs, County Commissioner,
and Mr. Ken Dipple, Attorney representing Mr. John Boyle, were
present.
3. APPROVAL OF MINUTES
Councilman Poole moved to accept the minutes as presented.
Seconded by Councilman Amick, the motion passed with
the following roll call vote:
AYES: All members present voted aye
NOES: None
Mayor Sample then moved to agenda item #7.
7. CONSIDERATION OF AN ORDINANCE ANNEXING A 302.462 ACRE
LAND TRACT GENERALLY LOCATED DUE NORTH OF THE NORTHWEST
CITY LIMIT BOUNDARY ON WYNNEWOOD PENINSULA
Mayor Sample read the following caption to the Ordinance:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ANNEXING
THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF THE
COLONY, DENTON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY
LIMITS OF SAID CITY SO AS TO INCLUDE SAID PROPERTY WITHIN
SAID CITY LIMITS AND GRANTING ALL PRIVILEGES OF OTHER
CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ACTS,
ORDINANCES AND REGULATIONS OF SAID CITY; PROVIDING FOR
THE EXTENSION OF THE EXTRATERRITORIAL JURISDICTION OF
THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE OF SAID
ORDINANCE.
Councilman Amick made a motion to accept the Ordinance
as presented. Seconded by Councilman Dodds, the motion
passed with the following roll call vote:
AYES: All members present voted aye
NOES: None
8. PUBLIC HEARING ON THE ANNEXATION OF A LAND TRACT GENERAL-
LY LOCATED ONE (1) MILE SOUTH OF THE SOUTHERN CITY LIMIT
BOUNDARY, BORDERED TO THE EAST BY THE BURLINGTON RAIL-
ROAD AND TO THE WEST BY CRIDER ROAD
Councilman Dodds made the motion to open the Public
Hearing. Seconded by Councilman Poole, the motion
passed with the following roll call vote:
AYES: All members present voted aye
NOES: None
City Manager, Janice Carroll, read the Service Plan
for the area and showed those present the area involved
in the hearing on a detailed map. Mr. H. Louis Nichols,
Attorney representing the Town of Hebron and Mr. H.
R. Bright, was present and had the following things
to say: The Colony has no E.T.J. in any area south
of 121 whether it be in the Town of Hebron or in its
E.T.J. The Town of Hebron annexed this land in the
1970's to the best of his recollection. He would work
with our attorney to get this matter resolved. When
the Mayor asked if he had any documents with him to
support this claim, he did not. Mayor Sample then asked
him about some particular verbage used in a Boundary
Adjustment Agreement dated October 9, 1978 that h~s
f~rm presented to our Council. Verbage that caused
the Council to deny approval of such document unless
'it was stricken. It was contained in the second sentence
of Section four. His response was that they new this
area was in the E.T.J. of Hebron. The Mayor then read
Mr. Dillard's response from the Oct. 9, 1978 minutes
as follows: "This sentence was a matter of legal form,
and the City is simply stating they are giving up some-
thing they never possessed."
Councilman Long asked h~m whose responsibility it is
to record deeds. He responded by briefly reviewing
what he believed to be the annexation proceedures.
He then stated that he had with him a few of the re-
corded deeds on Mr. Brights property. They are as
follows:
Volume 724 pg. 13, Volume 725 pg. 257, Volume 725
pg. 263, Volume 752 pg. 793
He went on to say that all the above were passed by
Hebron in 1974. These Ordinances included the area
north of 544 and south of 121. Councilman Long was
curious if these annexations included Crider Road.
Mr. Nichols responded, yes. Councilman Long then made
note that if in fact Crider Road is in the Town of
Hebron, then someone owes the County some money for
the repairs done to it.
Mr. Nichols said that he has represented the Town of
Hebron for years because they are friends. When Mayor
Sample asked him how they paid him, he seemed unsure
as to where the money comes from.
With no further discussion, Councilman Dodds made a
motion to close the Public Hearing. Seconded by Council-
man Poole, the motion passed with the following roll
call vote:
Mayor Sample Aye
Councilman North Aye
Councilman Long No
Councilman Adeler Aye
Councilman Amick Aye
Councilman Dodds Aye
Councilman Poole Aye
Councilman Amick then moved to instruct the City Attorney
to consider the evidence, conduct any further investigations
necessary and bring the Council an Ordinance annexing
the prescribed section we advertised, which can be annexed
under the Texas Municipal Annexation Act. Seconded
by Councilman Dodds, the motion passed with the following
roll call vote:
AYES: Ail members present voted aye
NOES: None
Mayor Sample then announced the Council would take a brief
recess.
Upon reconvening in open session, the Mayor addressed agenda
item #4.
4. APPROVAL OF ELECTION ORDER
Councilman Amick moved to approve the order as presented.
Seconded by Councilman Long, the motion passed with
the following roll call vote:
AYES: Ail members present voted aye
NOES: None
5. APPOINTMENT OF ELECTION JUDGES
Councilman Dodds moved to appoint Kay Einig as Election
Judge and Diane Kovar as her alternate at Camey Elementary
School and Sherri Campbell as Judge and Dee Cole as
her alternate at Peter's Colony Elementary School for
the April 7th, 1984 Municipal Officers Election. Seconded
by Councilman Poole, the motion passed with the following
roll call vote:
AYES: Ail members present voted aye
NOES: None
6. CONSIDERATION OF RESOLUTION TO CONDUCT A JOINT ELECTION
WITH THE MUNICIPAL UTILITY DISTRICT #1
Councilman Dodds made a motion to approve the Resolution.
Seconded by Councilman Long, the motion passed with
the following roll call vote:
AYES: Ail members present voted aye
NOES: None
9. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO RENEW
HEALTH INSURANCE CONTRACT AND TO ADVERTISE FOR SEALED
BIDS WITH REGARD TO HEALTH INSURANCE
Councilman Amick moved to authorize the City Manager
to renew the present contract with Union Life on a month
to month agreement and to advertise for sealed bids
for another Health Insurance Contract. Seconded by
Councilman Dodds, the motion passed with the following
roll call vote:
AYES: Ail members present voted aye
NOES: None
With no further action to be taken by the Council, Councilman
Dodds moved to adjourn the meeting. Seconded by Councilman
Amick, the motion passed with the following roll call vote:
AYES: Ail members present voted aye
NOES: None
Mayor Sample adjourned the meeting at 8:23 p.m.
Approved as to form:
D~.~-S~ple', Mayor
Attest:
Ja~lty Secret y