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HomeMy WebLinkAbout01/21/1986 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 27, 1986 The 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 in attendance: Larry D. Sample Mayor Rick Harris Councilman Tom Arrambide Councilman Helen Gray Councilman Don Amick Councilman Marlene Poole Councilman and with Councilman Charles Dodds absent due to personal business, however, a quorum was established and the following items were addressed: Mayor Sample led the audience in the Pledge of Allegiance to the flag of the United States of America, stating that even though it was not on the agenda he felt it was appropriate to do so. 1. CONSIDERATION OF AN ORDINANCE ANNEXING A TRACT OF LAND APPROXIMATELY 350 ACRES IN SIZE, BOUNDED ON THE WEST BY THE BURLINGTON NORTHERN RAILROAD, BOUNDED ON THE NORTH BY THE 126 ACRE WHITE PROPERTY, AND BOUNDED ON THE SOUTH BY MCKAMY TRAIL. Mayor Sample read the caption of the ordinance as written: AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS T£RRITORY TO THE CITY OF THE COLONY, TEXAS; AND FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. Councilman Arrambide moved to approve the Ordinance as written. Councilman Poole seconded the motion, and with no discussion, the motion carried with a unanimous roll call vote. 4., CONSIDERATION OF ALLOWING THE COLONY LITTLE LEAGUE ASSOCIATION TO USE THE PARK AND RECREATION OFFICE~ FOR REGISTRATION. Councilman Amick moved to approve the request and Councilman Poole seconded the motion. Councilman Harris asked if allowing both The Colony Youth Soccer Assocation and ]he Colony Little ~League Association to use the offiecs at the same time presented a problem. Janice Carroll stated that had been looked into and did not appear to be a problem. The motion carried with a unanimous roll call vote. 3. CONSIDERATION OF A RESOLUTION REQUESTING THAT THE UNITED STATES POST OFFICE CHANGE THE SIGN AT THE COLONY FACILITY TO READ "THE COLONY" ONLY. Mayor Sample quoted from a letter received from Dewey Lang, Lewisville Postmaster, stating that the sign would be changed. Councilman Poole reminded the Council and the audience of her efforts earlier to get The Colony listed in the zip code directory as the City for the zip code 75056. Poole went on to say that she would like to see the Resolution passed just in case the sign did not get changed. Mayor Sample read the Resolution as written: WHEREAS, THE CITY OF THE COLONY HAS BEEN AN INCORPOR'ATED CITY FOR NINE YEARS; AND WHEREAS, THE CITY OF THE COLONY NOW HAS A POPULATION OF APPROXIMATELY 20,000 INHABITANTS; AND WHEREAS, THE CITY OF THE COLONY IS A CONSTANTLY GROWING COMMUNITY WITH EVER GROWING AND CHANGING NEEDS; AND WHEREAS, THERE IS A NEW POSTAL FACILITY NEARING COMPLETION WITHIN THE CITY OF THE COLONY; NOW THEREFORE BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF THE COLONY HEREBY REQUESTS THAT THE SIGN PLACED ON THE NEW POSTAL FACILITY READ: UNITED STATES POST OFFICE THE COLONY, TEXAS 750~6 Councilman Poole moved to pass the Resolution as written, and Councilman Amick seconded the motion which carried with a unanimous roll call vote. 2. CONSIDERATION OF A CONTRACT AND MUTUAL AGREEMENT TO EFFECTUATE THE ABOLITION OF THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1. Mayor Sample noted some differences between this contract, which was delivered to City Hall from the City Attorney's office at about 5:00 p.m. this date, and the contract the council had looked at and approved the Council in a previous discussion. One difference is in the fourth Whereas referring to Art.l182c-5 V.T.C.S. In the first contract the Article was number l182c-l,V.T.C.S. The Mayor stated that he did not think that was correct. There was a lengthy discussion regarding various differences, particularly in paragraph 4 concerning the tax rate for 1986/87. Councilman Amick said the first contract did not indicate that the tax rate should be determined now and that he did not believe it could be done at this time. Mayor Sample and Councilman Poole both agreed with Amick regarding the tax rate. Mayor Sample stressed the importance of the Declaratory Judgement to the City at this time and that the section in this contract the tax rate might delay that action being taken. Councilman Poole reminded the Council that a Budget can be amended at any time throughout the year if necessary. Councilman Amick expressed displeasure with this "llth hour" contract. Councilman Harris and Councilman Arrambide both stated that they would have no problem with sighing the first contract. Janice Carroll, City Manager, noted that Exhibit A regarding Personnel Protocol was attached but that Exhibit B regarding the employment contract for the District Manager, Bill Hall was not attached. Councilman Amick suggested passing the first contract as it was with Exhibit A and subsequently approval of Exhibit B. Mayor Sample read the title of the first contract as it was written: CONTRACT AND MUTUAL AGREEMENT TO EFFECTUATE ABOLITION OF THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 The Mayor then noted that this contract contains 1182c-i in the fourth Whereas, and that the date of October 1, 1986 be added on the second page. Councilman Amick suggested approving the contract agreement in Exhibit B as we understand it form;ihe attorney's letter and that we agree with Exhibit A. Councilman moved to approve the contract pursuant to Article 1182c-1 being included in the fourth Whereas, the date of October 1, 1986 being added on page 2, honoring the personnel protocol in Exhibit A, and the employment contract in Exhibit, at this point understanding Exhibit B to be 3 months severance pay for District Manager Bill Hall should he be terminated within 18 months of the merger. Councilman Amick seconded the motion, which carried with a unanimous roll call vote. 5. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 67.52-17, V.A.C.S, SECTION 2E, REGARDING PENDING LITIGATION. Upon reconvening in Open Session, and with no further business to discuss, Councilman Arrambide moved to adjourn the meeting. Councilman Harris seconded the motion which carried with all members voting Aye. Mayor Sample adjourned the meeting at 10:10 p.m. APPROVED: ATTEST: at'ti Joannes ,~ary [SEAL]