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HomeMy WebLinkAbout07/08/1985 City Council 002089 MINUTES OF THE CITY COUNCIL MEETING HELD ON JULY 8, 1985 The SPECIAL SESSION of the City Council of the City of the Colony, Texas, was called to order at 7:30 p.m. with the following City Council members present: Larry D. Sample Mayor Rick Harris Councilman Tom Arrambide Councilman Helen Gray Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Amick unable to attend due to being out of town, however, a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge of allegiance to the United States flag. 2. CONSIDERATION OF APPOINTMENT OF CITY SECRETARY Councilman Poole moved to appoint Ms. Patti Jones as City Secretary and it was seconded by Councilman Gray. Mayor Sample asked for any further nominations; there being none, the motion carried with a unanimous vote from the Council. Ms. Jones was out of town on vacation and it was agreed that the Oath of Office would be administered on ~uly 15 at the Regular Session of the Council. Mayor Sample then advised the audience and members o£ Council that in accordance with the Municipal Annexation Act two (2) public hearings must be held for each proposed annexation and that the time must be included in the Ordinance calling these hearings which resulted in the 7:30 p.m., 7:#5 p.m., 8:00 p.m. and 8:15 p.m. hearings called for on the 3uly 8th~s agenda. However, in consideration of the MUD Board members who were in attendance at this meeting, that the hearings would be conducted concurrently at 9:00 p.m. upon the advice of the City Attorney. 7. CONSIDERATION OF AN ORDINANCE CALLING TWO (2) PUBLIC HEARINGS FOR THE PURPOSE OF CONSIDERING THE ANNEXATION OF A 589 LAND TRACT GENERALLY LOCATED SOUTH OF THE SOUTHERN CITY LIMIT BOUNDARY AND BOUND ON THE EAST BY THE BURLINGTON NORTHERN RAILROAD UPON THE REQUEST OF HENRY BILLINGSLY. Mayor Sample addressed the Petition requesting annexation signed by Mr. Henry Billingsly. He then read the following Ordinance caption: AN ORDINANCE CALLING TWO (2) PUBLIC HEARINGS IN ACCORDANCE WITH TEX. REV. CIV. STAT. ANN. ART. 970a MUNICIPAL ANNEXATION ACT AND SECTION 1.03 OF CHAPTER I OF THE HOME RULE CHARTER OF THE CITY OF THE COLONY, TEXAS, ADOPTED ~ANUARY 20, 1979, FOR THE PURPOSE OF CONSIDERING THE INSTITUTION OF ANNEXATION l, PROCEEDINGS TO ANNEX ALL THAT PARCEL OF LAND LOT, TRACT, DESCRIBED IN EXHIBIT 'A' WITH THE FIRST PUBLIC HEARING TO BE % CONDUCTED WITHIN THE SITE TO BE ANNEXED ON THE 12th DAY OF AUGUST, 1985, AT 7:00 p.m. AND WITH THE SECOND PUBLIC HEARING TO BE CONDUCTED AT THE CITY HALL, 5576 NORTH COLONY BOULEVARD, THE COLONY, TEXAS, AT 7:30 p.m. ON THE 12th DAY OF AUGUST, 1985, PROVIDING FOR PUBLICATION OF NOTICE; DIRECTING PREPARATION OF A SERVICE PLAN FOR INSPECTION AT THE PUBLIC HEARINGS. 0020,iU Councilman Poole moved to approve the Ordinance as presented. Seconded by Councilman Dodds, Mayor Sample opened for discussion. Councilman Poole took this opportunity to commend the Mayor on how hard he had worked to make this annexation possible. Mayor Sample then addressed the location of the property requested to be annexed by The Colony and the remainder of the acrea§e that will possibly bein§ §oin§ into o~e other city. He also stated that there is no plan to develop this property within the next five (5) years. After further discussion, the motion previously made by Councilman Poole and seconded by Councilman Dodds passed by the followin§ roll call vote: Ayes: All members present voted "Aye" Noes: None $. RECEIVE FINAL REPORT FROM RAY ASSOCIATES, INC. REGARDING MUD/CITY FEASIBILITY STUDY AND CONSIDERATION OF ACCEPTANCE OF SAME. Mr. James Ray and Ms. Louis Winecup were present at. this joint meeting With MUD to make their final presentation and answer any questions. Also present were MUD Board members Sandra Shearer, Bob Hauck, Scott North, Bill Longo and Johnny Spears. Mr. Ray reviewed that fact that they where hired for the assignment of working with the joint Feasibility Committee to consider the various possiblities for cooperation between the Utility District and the City. He stated that in their opinion the priorities to look at were the merging of the two entities, (2) the intergovernmental cooperation of the two entities, or (3) to continue as we have in the past. He also stated that they concentrated on the legal aspects on the combining of the two entities and the financial aspects of consOlidation of the two, and, thirdly, the administrative aspects of the merging of the two. Mr. Ray went on to further state that it was their professional recommendation to the Council and Board members, as two separate legal entities, that they enter into a course of intergovernmental cooperation over the foreseeable future and that they continue to operate as "The City Of The Colony" and "The Municipal Utility District", build on the strength's of the two, and as time goes on, again look at the possibility of consolidation. Mr. Ray stated that at the time of the presentation of the study in April, both entities were looking at updating computers and personnel policies. Their recommendation is that we do so with consolidation at a later date in mind. They also suggested keeping the Feasibility Committee as an ongoing "Steering Committee" to insure day to day cooperation. M~. Ray added that he could find no clear legal authority for consolidation of the two. Mr. Ray then advised the Council and MUD Board members that each entity has "strengths" in the financial powers that each hold, benefiting the tax payers of the community. He addressed the fact that the Utility District has unlimited taxing power in order to back their bonds and the City does not have that ability. Mayor Sample questioned how the unlimited taxing power could possibly be of benefit to the citizens? There followed a brief discussion on the sale of bonds & the effect on taxes. In a lengthy discussion, Mayor Sample stated the following concerns of the Council: (1) the investment and/or interest earned on the $1.9 million was not even taken into consideration, (2) we do not plan on taxes being raised to cover the $5 million, it has been invested and is earning interest & there is no mention of it in the study, (3) Denton County Appraisal District was never even contacted as to a possible property tax increase. In short, the Mayor said that the Chart Analysis was not realistic with regard to debt service and that it had nothing to do with the "real world". MUD Board Member Longo brought up the fact that the $66,000 downfall was inadvertantly omitted by the Utility District in the information provided to Ray & Associates. After further discussion, Mayor Sample asked the representatives of Ray & Associates thati with the information they now have, would change their recommendation? James Ray replied that no, it would not - there is no clear legal authority for the two entities to merge. 002041 After further lengthy discussion regarding I.BM. acreage, agricultural exemptions, miscellaneous acreage, etc., and the fact that none of this was considered in the study, Bill Longo, MUD Board Member, summed up some concerns of the Utility District. He stated that ever since there have been two entities, there has always been the problem of the feasibility of both entities merging into one. He stated that he looked at the study that Ray & Associates did to give him guidelines, not a clear cut answer. He also refer'red to the Resolution passed by the MUD Board regarding consolidation in the "near future". After a brief discussion, Mayor Sample stated that the MUD Board would take a brief recess while the City Council conducted the following Public Hearings. PUBLIC HEARING REGARDING THE ANNEXATION OF A 500 FOOT WIDE TRACT OF LAND GENERALLY LOCATED NORTHWEST OF THE CITY LIMIT BOUNDARY ON STEWART CREEK PENINSULA AND CONNECTING BY WATER WITH WYNNEWOOD PENINSULA Councilman Dodds made a motion to open this Public Hearing. The motion was seconded by Councilman Poole and carried by a unanimous vote. The Mayor opened the floor for discussion by the citizens. There were no comments for or against this annexation from the audience. The Service Plan for the area is attached hereto and was provided in accordance with 970A Section 10B of V.A.C.S. Councilman Poole moved to close the Public Hearing with a second by Councilman Arrambide. The Motion carried with a unanimous vote. #. PUBLIC HEARING REGARDING THE ANNEXATION OF A 66t~ ACRE LAND TRACT KNOWN AS WYNNEWOOD PARK, A CORPS OF ENGINEERS PARK, GENERALLY LOCATED ON THE SOUTHERN TIP OF WYNNEWOOD PENINSULA Councilman Dodds moved to open this Public Hearing. Seconded by Councilman Arrambide, the motion carried by a unanimous vote. There were no comments for or against this annexation from the audience. The Service Plan for the area is attached hereto and was provided in accordance with 970A Section 10B of V.A.C.S. Councilman Poole moved to close the Public Hearing with a second by Councilman Dodds. The Motion carried with a unanimous vote. 5. PUBLIC HEARING REGARDING THE ANNEXATION OF A 500 FOOT WIDE TRACT OF LAND GENERALLY LOCATED NORTHWEST OF THE CITY LIMIT BOUNDARY ON STEWART CREEK PENINSULA AND CONNECTING BY WATER WITH WYNNEWOOD PENINSULA Councilman Dodds moved to open this Public Hearing. Seconded by Councilman Arrambide, the motion carried by a unanimous vote. There were no comments for or against this annexation from the audience. Councilman Dodds made a motion to close the Public Hearing. Seconded by Councilman Poole, the motion carried with a unanimous vote. 6. PUBLIC HEARING REGARDING THE ANNEXATION OF A 66/* ACRE LAND TRACT KNOWN AS WYNNEWOOD PARK, A CORPS OF ENGINEER PARK, GENERALLY LOCATED ON THE SOUTHERN TIP OF WYNNEWOOD PENINUSLA Councilman Dodds moved to open this Public Hearing. Seconded by Councilman Arrambide, the motion carried by a unanimous vote. There were no comments for or against this annexation from the audience. Councilman Dodds made a motion to close the Public Hearing. Seconded by Councilman Poole, the Motion carried-with a unanimous vote. OO2O42 At this time the Council and MUD Board reconvened for further discussion o£ agenda item #8. 8. (CONTINUED) - REPORT FROM RAY & ASSOCIATES After some discussion it was suggested that the City Manager and the District Manager of the Utility District work together and come up with a report regarding any immediate forseeable problems that need to be taken care of regarding a merger of the two entities. A Motion was made by Councilman Poole to direct the City Manager.and the Manager of The Municipal Utility District to draw up a game plan for a merger to be pre~nted to both entities on August 15, 1985~:, The Motion was seconded by Councilman Gray. Bob Hauck, MUD Board Member, expressed his concerns of putting all the burden on the City Manager and the Manager of the Utility District. It was decided that they would instead, just work on the particulars that need working out before a merger and present them by August 15th. After further discussion, the Motion on the floor passed by a unanimous vote. (The MUD Board also approved this plan by Motion.) Following further discussion, the MUD Board moved to accept the Feasibility Study as prepared by Ray & Associates, which passed. Councilman Poole made a Motion to approve the Feasibility Study prepared by Ray & Associates. The Motion died for the lack of a 2nd. 9. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, SECTION 2(e) OF V.A.C.S. REGARDING LITIGATION Upon reconvening in open session, and with no further action to be taken at this time, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman Poole, the motion carried with a unanimous vote. Mayor Sample adjourned the meeting at 11:15 p.m. APPROVED: Lar r y"UY:~am~le . ATTEST: Pa~ecretary [SEAL] SERVICE PLAN Service Plan for a 500 foot wide land tract containing 33 acres generally located North and West of the City limit boundary on Stewart Creek Pennisula and connecting by water with Wynnewood Peninsula. In accordance with 970A Section 10B VACS the following is a statement of governmental service that must be provided in sixty (60) days and capital improvements that must be provided in two and one-half (2½) years. 1. Presently the City does have a contract with Denton County to provide fire protection to this area and this service will be continued. Ambulance service can be provided immediately. This land is not developed and has few inhabitants- A large number of medical calls is not expected. 2. The PoliCe Department will review immediately the provision of a new district which will provide for patrol of this area based upon need. 3- Waste collection can be provided upon request. #. Road and park maintenance can be maintained- There are no recreational facilities on this land. 5. No capital improvements, i.e., streets, fire station, etc., are needed unless the land is subdivided and developed. 6- Water and sewer service is not provided by the City. This area can request to be included into The Colony Ill Municipal Utility District for these services. 002044 · SERVICE PLAN Service Plan for a 664 acre land tract known as Wynnewood Park, a Corps of Engineers Park, located on the southern tip of Wynnewood Peninsula. In accordance with 970A Section 10B VACS the following is a statement of governmental service that must be provided in sixty (60) days and capital improvements that must be provided in two and one-half (2½) years. I. Presently the City does have a contract with Denton County to provide fire protection to this area and this service will be continued. Ambulance service can be provided immediately. This land is not developed and has few inhabitants. A large number of medical calls is not expected. 2. The Police Department will review immediately the provision of a new district which will provide for patrol of this area based upon need. 3. Waste collection can be provided upon request. 4. Road and park maintenance can be maintained. There are no recreational facilities on this land presently. A golf course is planned to be located on this land tract within two (2) years. 5. No capital improvements, i.e., streets, fire station, etc., are needed unless the land is subdivided and developed. 6. Water and sewer service is not provided by the City. This area can request to be included into The Colony #1 Municipal Utility District for these services.