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Home My WebLink About04/09/1984 City Council 001690 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY FIELD OH April 9, 1984 A SPECIAL 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: Larry D. Sample Mayor Scott North Councilman Norman Adeler Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Long absent; 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 Helen Gray just wanted to say thank you to the Council for there congratulations and to say she was looking forward to working on the Council herself. Councilman Poole advised everyone of the reception to be held after the Council meeting on the 16th. It will be held to honor the newly elected Council members as well as the Municipal Utility District members. Mayor Sample publicly thanked the citizens of The Colony for electing Charlie Parker tc the School Board. 3. APPROVAL OF MINUTES Councilman North moved to approve the minutes as pre- sented. Seconded by Councilman Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF CANVASS OF RETURNS FOR MUNICIPAL ELECTION HELD ON APRIL 7, 1984 Mayor Sample reviewed th Council seats that were up for election. He then canvassed the votes as follows: CANVASS OF RETURNS AND DECLARATION OF RESULTS OF ELECTION BE IT REMEMBERED THAT on this 9th day of April, 1984, 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 North and seconded by Councilmember Adeler, 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 00169'3 of The Colony, Texas, called an election to be held in the City on April, 7, 1984, for the followin9 pur- pose: To elect one Councilmember for Place 3 for a two year term; one Councilmember for Place 4 for a two year term; one Councilmember for Place 5 for a two year term; and one Councilmember for Place 6 for a two year term. AND, 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 proceedings 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 pertain- ing 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 Council- member Place 3, to wit: NAME NUMBER OF VOTES Norman Adeter 70 Helen Gray 85 It appearing that Helen Gray received a majority of all votes cast for the office of Councilmember Place 3 is hereby declared to be elected to the office to serve after qualifying for said term commencing April, 1984. That the following number of votes were cast for the following named candidates for the office of Council- member Place 4, to wit: NAME NUMBER OF VOTES Don Amick 132 Tom Cravens 53 Vince Condon 50 It appearing that Don Amick received a majority of all votes cast for the office of Councilmember Place 4 is hereby declared to be elected to the office to serve after qualifying for said term commencing April, 1984. That the following number of votes were cast for the following named candidates for the office of Council- member Place 5, to wit: NAME NUMBER OF VOTES Charles Dodds 149 Tom Arrambide 11 Nick Oprea 1 Verne Lang 2 Russ Stoffregen 2 Art Gibson 1 Robert Lux 1 Phillip Walsh 1 Dee Cole 1 Bill Longo 1 Charles Doty 1 Richard Lawrence 1 00169 ? Tom Cravens 1 Robert Hauck 1 Ronald Reagan 1 Ronald Black 1 Robert Darragh III 1 It appearing that Charles Dodds received a majority of all votes cast for the office of Councilmember Place 5 is hereby declared to be elected to the office to serve after qualifying for said term commencing April, 1984. That the following number of votes were cast for the following named candidates for the office of Council- member Place 6, to wit: NAME NUMBER OF VOTES Marlene Poole 73 Freeman Upchurch 1 Robert D. Eubanks 1 Paul Simones 1 Charlie Parker 1 It appearing that Marlene Poole received a majority of all votes cast for the office of Councilmember Place 6 is hereby declared to be elected to the office to serve after qualifying for said term commencing April, 1984. 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, 1984, and thereafter until their successors are duly elected and qualified. This Resolution, declaring the results of the election shall become effective immediately after its passage. ORDERED this 9th day of April, 1984. /s/ Mayor Larry D., Sample Councilman North moved to have this canvass and declaration of results of said election 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, 1984, and thereafter until their successors are duly elected and qualified. This Resolution, declaring the results of the election shall become effective immediately. Seconded by Council- man Adeler, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Councilman North than read a prepared statement praising Councilman Adeler for his years of dedicated service to this City. He also congratulated Mrs. Poole, Mr. Dodds and Mr. Amick for maintaing their seats on the Council. Councilman Adeler said it has been a pleasure to work with everyone and that he felt comfortable in knowing that every- thing has been set for a stable government within our City. 5. CONSIDERATION OF ORDER CALLING FOR A MUNICIPAL RUN- OFF ELECTION FOR DISTRICT 4 Councilman Amick moved to table this order. Seconded by Councilman Dodds, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 00169o 6. CONSIDERATION OF RESOLUTION CALLING FOR A NINETY (90) DAY SUSPENSION ON TEXAS UTILITY ELECTRIC COMPANIES PROPOSED RATE INCREASE Mayor Sample read the proposed resolution caption as follows: RESOLUTION A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED SCHEDULE OF CHANGED RATES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY, PRO- VIDING THAT THE RATES AND SERVICE REGULATIONS OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION,~PROVIDING FOR NOTICE HEREOF TO SAID COMPANY , AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Councilman Amick moved to accept the Resolution. Seconded by Councilman Dodds. Mayor Sample asked if there was any discussiQn. Price Robertson, representative of the utility company briefly discussed the proposed rate increase. Councilman Poole stated that this City is a member of the Texas Municipal League and they fight our battles for us and get the proper adjustments. She went on to say this increase would be voted on at a later date after T.M.L. provides the City with the proper information. With no further discussion, the motion was passed with the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT FOR A 13.606 ACRE LAND TRACT City Manager, Janice Carroll, said this item was back before the Council to approve the final contract. She stated the 5 year build out clause was not accept- able to Talmadge Tinsley; however, they are acceptable to other changes in the contract. The contract was prepared by our attorney incorporating the changes we wanted. She then reviewed the changes as follows: Paragraph 3 - The title policy is for the full amount of the land. Paragraphs 4 & 5 - Both relate to the property. The only easements that were accepted were for "except to public roads and highways" "located within public right of ways." Paragraph 7 - Item 4 is in lieu of the tax clause. It was changed in accordance to State law to reflect the value and the tax exempt status of the land. Paragraph 17- Reflects the $50,000 donation. It reads as follows: That Purchaser has agreed to donate an additional sum of fifty thousand dollars ($50,000) to the Library Building Fund of the City of The Colony, Texas, subject to the Closing. At the Closing, Purchaser shall deliver to Seller a cashier's check in the amount of fifty thousand dollars ($50,000) as a donation to the City of The Colony, Texas, for a Library Building Fund. In the event this Contract fails to close, this con- dit~on shall be null and void and of no force and effect. 00169t Councilman Amick asked for clarification on Paragraph 5 that refers to net square feet. It reads as follows: The term "net square feet" shall mean and refer to the total acreage located within the Property minus the number fo square feet located w~thin public right of way. Mayor Sample said this statement was included in the contract in case the Purchaser finds out from the survey that some of the 13.606 acreage is out in the middle of FM 423. He added that he felt findings of this sort are very unlikely. · Councilman North moved to accept the contract and authorize the City Manager to sign it as written. Seconded by Councilman Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Adeler asked to state for the record that he still fears the 5 year exclusion. 8. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252- 17 OF V.A.C.S. REGARDING PERSONNEL Upon reconvening in open session. Councilman Dodds moved to adjourn the meeting. Seconded by Councilman Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None With no further action to be taken by the Council, Mayor Sample adjourned the meeting at 9:15 P.M. APPROVED: ~.~.' a~y~D.~mp~e, Ma or ATTEST: J~t- Gadd, City Secretary