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HomeMy WebLinkAbout11/03/1986 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 3, 1986 The 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 Council attendance: Don Amick Mayor, Present Rick Harris Councilman, Present Tom Arrambide Councilman, Present David W. Dye, III Councilman, Present Steve Glazener Councilman, Present Harvey Bradley Councilman, Present Marlene Poole Councilman, Present and seven members present a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. 2. CONSIDERATION OF ACCEPTANCE OF A RESIGNATIN FROM STEVE GLAZENER FROM THE PLANNING AND ZONING COMMISSION Councilman Poole moved to accept the resignation and Councilman Arrambide seconded the motion which carried with all members voting Aye. 3. SWEARING IN OF STEVE GLAZENER AS COUNCILMAN PLACE 4 BY MAYOR AMICK Mayor Amick administered the Oath of Office to Steve Glazener, for Councilman Place 4 4. CITIZEN INPUT Bill Connerly, addressed the Council regarding the $16,000.00 discrepancy he and Mr. Dick Weaver had found betWeen their figures and the City's figures on the 1986/87 budget. Mr. Connerly stated that Ms. Jane Barton, Financial Assistant had found the error and that it had been in his computer program. Mr. Connerly also questioned the proposed $75,000.00 allocated for the salary of the new City Manager, stating that he and Mr. Weaver feel that is an excessive amount. Mr. Connerly said he and Mr. Weaver had given the Council an application from a qualifed person and wanted to know if the Council had made a decision or would they be interviewing more applicants. Mayor Amick said the Council had made a decision but that the prospect, Mr. Ron Ragland had informed them today that he was taking a job at College Station so the Council would looking further. Dick Weaver, asked the Council about the computer located at the Water Department, stating that if the Council wished, they could just return it since it was not purchased but leased. Mayor Amick asked Mr. Hall to look into that question and report back to Council on November 10. 6. PUBLIC HEARING BEFORE THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION ON APPLICATION OF FOX & JACOBS, INC., FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS MF-1 AND SF, SEEKING TO HAVE THE COMPREHE.NSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMEMNDED TO GIVE THE FOLLOWING 18.723 ACRES AN OFFICE -1 CLASSIFICATION: LOCATED ON THE WEST SIDE OF FM 423 AND NORTH OF THE INTERSECTION OF FM 423 AT SOUTH COLONY BOULEVARD Bob Fuimara, Chairman of the P&Z called that meeting to order noting that all members were present with the exception of Cathy Bock is was ill. Member Brantley moved to open the public hearing and Member Sharp seconded the motion. At this time, Councilman Bradley moved to open the Council public hearing and Councilman Poole seconded the motion.:~_~ ~.i- Both motions carried with all members voting Aye. Mayor Amick explained that a Public Hearing had been held on this tract previously but due to error in publication had to be re-scheduled and heard again. The Mayor stated that there had been no problems earlier with this zoning request and after one clarification of the location for Mr. Larry Sample, Member Solohubow moved to close the P & Z public hearing with recommendation to the Council to approve. Member seconded the motion which carried with aH members voting Aye. Councilman Bradley moved to close the Council public hearing and Councilman seconded the motion which carried with all members voting Aye. 6. PUBLIC HEARING ON APPLICATION OF NATIONAL CONVENIENCE STORES, INC. TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE FOLLOWING DESCRIBED'PROPERTY, CURRENTLY ZONED GENERAL RETAIL, A SPECIFIC USE CLASSIFICATION TO SELL BEER AND WINE FOR OFF-PREMISE CONSUMPTION: 5100 PAIGE ROAD Mr. Bill Hall stated that Mr. Jack Thomspon was at the meeting representing Stop n Go and Mr. Hall pointed out the location on the map. Councilman Dye moved to open the public hearing and Councilman Poole seconded the motion which carried with all members voting Aye. Councilman Dye asked if this Specific Use permit was just for Stop n Go. Mr. Hall stated yes. Councilman Poole requested that the staff acquire an opinion from the City At torney regarding whether a time limit can be put on a Specific Use Permit. Janice Carroll stated that a time limit can be established but that the old Stop n Go across the street was "grandfathered", stating the attorney would have to check to see if the old Specific Use Permit would have to be removed. Mr. Thompson stated that there was no Specific Use Permit issued to that location therefore it cannot be removed and whoever moves into that building will have to re-apply if they desire a permit. Councilman Harris stated that Mr. Boyle, City Attorney had told the Council that is there had been no permit issued then there is no need to remove it. Councilman Bradley asked if Stop n Go could keep another convenience store from coming into the old space. Mr. Thomspon said that the company would negotiate that and would not want another convenience store in that location. Councilman Poole asked the fuel storage tanks were left would they be checked, and Mr. Thompson said they could be removed immediately. Councilman Harris asked if the company is buying the property and Mr. Thompson said yes. Mayor Amick asked if the permit can become void if there is a change in ownership and if there can be a time frame for __ opening so stated in the ordinance, and said that the Council 'would set a reasonable time limit. Councilman Bradley said he had no problems with the Specific Use Permit but he does with giving it before the Site Plan has been approved. At this time, Mr. A1 Gober spoke us and said that instead of owner the ordinance should tenant~ttwas suggested that there be no ordinance brought back to Council requesting the permit until the site plan had been approved and that if that took over 45-60 days another Public Hearing would be held. Mr.T hompson stated he though the site plan was approved at the same time as the rest of the Shopping Center Mr. Hall said no that was only for drainage. Mayor Amick said the staff would review that issue. Councilman Bradley moved to close the public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. 11. CONSIDERATION OF THE FINAL PLAT FOR THE NATIONAL CONVENIENCE STORES LCOATED AT PAIGE ROAD AND SOUTH COLONY BLVD. Mr. Bill Hall said that this re-plat had been brought back because the property had changed owners and a new plat was required. Mr. Hall said that there had been some problems onthe original site plan with drainage and traffic, but that they had all been resolved, going on to say that he had reviewed the median cuts on Paige and all are O.K. Councilman Dye asked about the improvements to the South Colony extension. Mr. Hall said that had been handled through an agreement with the developer, which states that they will pay for the improvement and extension of South ~ Colony Blvd. Councilman Dye also asked about the storm sewer. Mr. Hall resopnded stating that some grading had been required and that all the water will be diverted onto Paige and norhtern exit of the bank into a new drain. Councilman Dye moved to approve the final plat for National Convenience Stores and Councilman Arrambide seconded the motion which 10. CONSIDERATION OF FINAL PLAT ON A 7.031 ACRE SUBDIVISION FOR FOX & JACOBS, INC. Marilyn Putnam representing Fox & Jacobs and Truman Edmunster representing Dannenbaum Engineering were present to answer questions. Bill Hall described the location, stating it was for commercial development. Mr. Hall said that P & Z and staff had reviewed the plat requiring water, sanitary sewer and storm sewer installed by developer. Coul~ilman Poole asked if the whole length would be installed at once. Mr. Hall said that if the south tract sells first, then just that tract would be installed but if the north tract sells first then the entire length would be installed. Councilman Dye asked about screening from_the homes which are directly behind that strip. Mr. Hall said P & Z required a wall at the time of the site planning which will run the entire length of the tracts. Gouncilman Poole asekd if F & J will pay for the sewer line or the developer. Mr. Edmunster said the developer will pay that cost. Mr. Hall then covered the drainage in that area and the problems that do exist in that location stating the requirements the P & Z and the Water Dept. had made. Mr. Hall said all the water will drain into an open drainage area and then into Office Creek. Councilman Poole said that F & J probably will not correct when necessary and it will be passed on to the new owner. ~.~ouncilman Dye said the easement needs to be wider so it can be maintained. Mr. Hall said if the easment is transferred to the City then the City will have to maintain and it would be better to leave it with the owner. Mr. A1 Gober then asked for the location of the wall in relation to the drainage. Mr. Edmusnter said the wall will be on the east property line and the sewer is 15 ' inside the wall on the property. Councilman Dye moved to approve the plat requiring a 20' easement Gouncilman Arrambide seconded the motion. Marilyn Putnam asked what the purpose of the easement is and Councilman Dye said it was so the City could maintain the drainage. A representative of the City Attorney's office, Mr. Toby Bartholow said it is not a good idea to require that easement. It is better to leave it with the owner. After a length discussion Councilman Dye amended his motion to read with a 20~ private easement for drainage. Councilman Arrambide seconded that motion. Councilman Dye did request staff to investigate the reason for the easements in these situations. The moiton carried with the following vote: Harris, Aye; Arrambide - Aye; Dye - Aye; Glazener - Aye; Bradley - Aye; Poole - Nay; ^mick - Aye. Mr. Hall did say the median cut had been approved for left turn contingent on:t~e Highway Department permit. 8. CONSIDERATION OF THE APPROVAL OF THE PROPOSAL FOR THE INTERIOR DESIGN AND SPACE PLANNING FOR THE MUNICIPAL COMPLEX, LIBRARY AND RECREATION CENTER Councilman Poole stated that the committee had met with Branch Taylor and with Design Alliance and recommended awarding this job to Branch-Taylor. Councilman Poole then made the motion to award this job to Branch-Taylor and Councilman Bradley seconded the motion which carried with the following vote: Harris - Aye; Arrambide - Nay; Dye - Aye; Glazener- Aye; Bradley - Aye; Poole - Aye; Amick - Aye. 9. CONSIDERATION OF A CHANGE ORDER FOR MARCON CONSTRUGTION INC. FOR THE ELECTRICAL SERVICE TO THE MUNICIPAL COMPLEX. Janice Carroll said that originally the change order was for the off-site utility costs but that several other things had come up and all had been included on one change order (see attachment "A") including deducts and additions for a net result of $14,607..00 additions. John Firestone representing F.R.S. and Leon Marshall representing Marcon Construction were at the meeting. Mr. Firestone explained each item on the change order. Councilman Poole asked Chief Ristagno if he had O.K.ed the change in the showers and he stated he had. Councilman Poole then asked about the carpet allowance. Councilman Poole said she would like to see a good a quality carpet as we can buy for the money allowed. There followed a lenghty discusion regarding carpet. Mt. Firestone said this was merely an allowance not a specific carpet. Mr. Marshall said that he had found a good quality carpet and was able to give the City $5000.00 credit because he got a good price. F.R.S. did agree to this. Mr. Marshall said that we could spend $18.00 a square yard but we don't have to. Councilman Dye asked if we didn't just hire an interior design firm to handle this type of thing and why not let them get with the architects and work this out. Mayor Amick asked if F.R.S. was to pick the colors and if so whay did we hire the interior design firm. Councilman Poole said this was done so that colors, furniture, etc. would be coordinated. Mr. Firestone then stated the original ceiling tile was regular and we could save $3100.00 by going with flat fissured ceiling. The Council all agreed to stay with the regular. Councilman Harris moved to approve as presented with a net result of $14,607.00 add. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. Mr. Firestone said that no actual Change Order was prepared but if this was the authorization to prepare one and to have it signed. Mayor Amick said yes. At this time, the Mayor called a brief recess. Upon reconvening the following items were addressed: 13. RECEIVE REPORT FROM COUNCILMAN HARVEY BRADLEY REGARDING THE HOME RULE CHARTER REVISION Councilman Bradley said the committee had been working for the past few weeks on proposed revisions and would like to bring those proposals before the Council at the next meeting. Councilman Bradley said the Justice Department Submission has to be in at 60 days prior to the election and the n~xt election date is January 17, 1987. Councilman Bradley said the committee would be meeting on Wednesday and finalize the revisions. All the Council agreed to have the proposed revisions brought before them on November 10, 1986. 7. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda and Councilman Harris asked to have items C & E pulled for discussion. A. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A-ZONING BY GRANTING A ZONING CHANGE IN THE USE OF PROPERTY CURRENTLY ZONED MF-1 AND SF TO AN O-1 OFFICE-1 CLASSIFICATION, AS REQUESTED BY FOX & JACOBS. Councilman Arrambide moved to approve the ordinance as written and Council- man Poole seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE SEPTEMBER 30 AND THE OCTOBER 13, 1986 MEETINGS OF THE CITY COUNCIL. Councilman Arrambide moved to approve the minutes as written and Council- man Poole seconded the motion which carried with a unanimous roll cml vote. C. CONSIDERATION OF THE ANNUAL APPROVAL OF THE CAMPING AND DAILY ENTRY PERMIT FEES FOR STEWART CREEK PARK Councilman Harris noted that camping daily has been added to eliminate a person having to buy more permits to stay over just one night, and he suggested perhaps reducing the fee from $3.00 to $2.00 for an annual permit buyer. There was a brief discussion and Councilman Harris moved to approve the fees as presented and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF THE ESTABLISHMENT OF THE HOLIDAY MEETING SCHEDULE FOR THE CITY COUNCIL. Councilman Arrambide moved to approve the schedule as presented and Councilman Poole seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF AN ORDINANCE GRANTING A CHANGE IN ZONING ON PROPERTY PRESENTLY ZONED SHOPPING CENTER, SO AS TO GIVE THE PROPERTY DESCRIBED BELOW A SPECIFIC USE CLASSIFICATION FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION Councilman Bradley said he had a problem with granting a Specific Use Permit with no site plan. Councilmen Arrambide and Poole agreed and so did Mr. Bill Hall, stating it could be a month before that is done. Mayor Amick requested the City Secretary to check with other cities that issue Specific Use Permits regarding their policy in this area.. Councilman Dye mentioned that sometimes developers have to get that permit before they can go on with their plans. Councilman Harris moved to table this item until the site plan has been approved. Councilman Poole seconded the motion which carried with a unanimous roll call vote. 12. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2G, REGARDING PERSONEEL, AND 2E, REGARDING LITIGATION, TO WIT: A. City Manager Position B. Norman Wilkins Upon reconvening in Open Session and with no action to be taken as a result of the Closed Door Session and with no other business to address, Councilman Harris moved to adjourn the meeting and Councilman Dye seconded the motion which carried with all members voting Aye. APPROVED: Don 'Kmikk, MayoVi~ - '~ - - ATTEST: ATTACHMENT "A" FRS Review of Change Orders Submitted by Mareon Construetion~ Inc. 1. The pier adjustment is a linear foot charge for overage on the concrete piers to reach bearing material is an addition to a previous change order. ADD $ 4,650.00 2. Substitute 22 ga masonry screw anchors in lieu of those specified. Change was approved by structural engineer. (Frank Neal & Associates) DEDUCT $ 3,800.00 3. Change metal skin on'roof and wall from 22 ga to 24 ga which still supplies a 1-90 rating on the roofing. DEDUCT $ 2,500.00 4. Substitute epoxy painted steel shower in the detention area for the'stainless steel shower specified. DEDUCT $ 900.00 ! 5'. Substitute Eljer plumbing fixtures for K~hler plumbing fix- tures specified. (No change in quality.) DEDUCT $ 1,100.00 6. Delete 2 x 6 treated wood blocking at the roof and replace it with roof insulation and add length to the existing plywood vertically at the parapet. DEDUCT $ 1,300.00 7. Change top layer of rigid insulation on the roof from 1" as specified to 3/4". (Less than .75 R-value difference) DEDUCT $ 1,600.00 8. Rebate on $18 sq. yard carpet allowance. ' DEDUCT $ 5,000.00 *~ 9. Deduct 134 feet of mechanical screens. (Leaving screens at :' the dumpster located at the library, the north mechanical screen at the administration building, the screen at the jail area east of administration building and screen to the east of the recreation building meeting rooms.) DEDUCT $ 7,633.00 10. Add modified underground electrical service using alum. secondary to"~ach building from T. P. & L.'s transformer. Doing ail underground conduit for T. P & L's primary serv- ice. · · ADD $ 33,800.00 TOTAL DEDUCTS $ 23,833.00 TOTAL ADDS 38,450.00 TOTAL CHANGES IN CONTRACT 14,617.00 NO. 86-1396-C CITY OF THE COLONY, TEXAS § IN THE DiSTRiC{[~.RT.__ Plaintiff, § ,Jub Iq0!J -3 ,',.; 3:[2 ,.'."' :.:: v. ~ 211TH JUDICIA.bs'~I , [~.':;l NOLAND SHORTER and ~ '" NORMAN WILKINS, ~ '.::~' Defendants. ~ DENTON COUNTY, TEXAS ORDER On 'the 31st day of October, 1986, came on to be considered the Special Exceptions of Counter-Defendants City of The Colony, Texas, Larry D. Sample and John E. Hampton (together, the "Counter-Defendants") to the counterclaim of Norman Wilkins, which counterclaim is set forth in the First Amended Original Answer and Counter-Claim of Defendant and Counter-Claimant Norman Wilkins, and the Counter-Defendants having appeared by and through their respective attorneys of record, and Norman Wilkins having appeared in person and by and through his respective attorney of record, and the Court having heard the arguments of counsel, this Court is of the opinion that: 1. The Counter-Defendants' Special Exception outlined in Paragraph VI of Counter-Defendant City of The Colony's Original Answer to Cross-Action of Norman Wilkins, filed on July 3, 1986, should be denied; 2. All of the Counter-Defendants' Special Exceptions outlined in Counter-Defendants' Original Answer to Defendant Norman Wilkins' Counter- claim, filed on September 29, 1986, should be granted; and 3. Counter-Plaintiff and Defendant Norman Wilkins shall have until November 20, 1986 to amend his pleadings in conformity with this Order. · IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that: 1. Counter-Defendants' Special Exception outlined in Paragraph VI of Counter-Defendant City of The Colony's Original Answer to Cross-Action of Norman Wilkins be denied; 2. That all of Counter-Defendants' Special Exceptions outlined in Counter-Defendants' Original Answer to Defendant Norman Wilkins' Counter- claim, filed on September 29, 1986, be granted; and 3. That Counter-Plaintiff and Defendant Norman Wilkins shall have until November 20, 1986 to amend his pleadings in conformtiy with this Order. ORDER ENTERED on this the ,~'' day of -/~-~4~ ,,1986. JUDGE, ~2~llth' ~udidial Distj~4ct DENTON COUNTY, TEXAS ATTACHMENT "C"  PROPOSITION NO. 1 ~.'<~ Shall Subsection (a). of Section 2.04 be amended so as to hereafter'read as follows: {a) ~he maTor and each council member shail be a YEs a registered voter of the State of Texas and :' a 'resident" ~itizen of tho City of The ,, ColonT~ and the (if applicable) d~stric~ ,' from which h0 ~s elected a~ ~he ~imo of ~ f~l~n~ for elect~on and~rou~hout his term '"~* of office. Each candidate ~or the office of , mayor and each council member shall be a resident of the City of The ~0 Colon7 for not less ~han ~welve {12) months ~:}?~ (a) Whe mayor and ~ach council member shall be -_ :~?_=.-.; :!*_-'.::.-. · e~l-a .u~ifi~d .vot~i of the Stat~ of Te~a.~The mayor~hall be a resident of the City of The PROPOSITION NO. 2 Shall the first two paragraphs of Section 2.06 be amended so as to hereafter read as follows: "A single vacancy in the council or the office of mayor will be filled within forty five YES (45) days of the occurrence of the vacancy ~ a majority vote of the remaining members of the. council and the mayor, as the case may be, by NO selection of a person qualified for the position as described in this charter. This appointee shall serve until the position can be filled at the next regular city election. There shall not be more than (1) council-appointed ~.-.~i~.,,:i- ~ serving as mayor or a member of zne cl[y council at any time; provided that this restriction shall not apply to 'appointments pursuant to the last sentence of this Section 2.06 or to the appointment of an existing' council member to a position for which he is qualified under Section 2.04. D3/0068A/2 There shall not be more than one (1) council-appointed council member servin~n the city council at Shall Section 2.08 be amended so as to hereafter read as follows: "The council me~ the mayor ~ shall each receive ~Qmpensati,,~q~of $25.00 for YES each scheduled council meeting attended. In .. addition, any actual and necessary expense incurred while in the NO discharge of the duties of their office shall be .'~. paid upon an itemized statement of such expense .. being rendered, and approved by the council at a regular meeting. ~? :"'..': '~. D3/0068A/3 Sec. 2.08. Council compensation. --The council members and mayor elected as provided for herein shal~:c::'c ':.".'the,_,: ~.~; ~g~,r41~y actual and necessary expense incurred while in the discharg~ of the duties of ~th~ office shall be paid upon an itemized statement of such expense being rendered, and approved . ~ by the council at a regular n/eeting. ~, PROPOSITION NO. 4 ., Shall the first sentence of Section 3.08 be amended so as to hereafter read as follows: YES "The council shall appoint a judge or judges ~:. for the municipal court, and such alternate judges NO as the council deems necessary, to serve at the pleasure of the council.'? ,,i. [;~' . D3/0068A/4 · Sec. 3.08. Appointment of a judge. The council shall appoint a judg~for the 'municipal cou~ serve at the pleasure of _th_e..c~_ _u~. c,...Th.e judge shall receive s~c'h compensation as ma; ~e set by the council. The council may nos aumor~e the mayor to act as judge. , PROPOSITION NO. 5 Shall the first paragraph of Section 3.10 be changed and amended so as to hereafter read as follows: YES "All ordinances passed by the city council shall be placed in the office of the city secretary and signed by the mayor. If the mayor shall fail or neglect to approve any ordinance NO for longer than three (3) days after the same is placed in the office of the city secretary, the same shall be deemed finally passed as though signed by the.Mayor"? Se~ 3.10. Method of adoption: General ordinances. · All ordin~nce~ ~ by the city council slmll be placed in the office of the c~ty c~..u._n_cll M.~th .h/s.object/orts; except in the case o-f co~u..n_c_il_,__th,e b.u.d~et, or the tax ,,~e, which the ma~ _°~s_._V°~ o., the ordinance by the mayor the v . ___ Y. pon the return of any s . . , o Same was passed shall be · ~ neglect to approve ~ any suchproce~din~ for longer than thr~e (3) days after the same is placed in the office'of the city secretary, the same-shall b~finally passed as thro~h si~n ..... PROPOSITION NO. 6 Shall the fourth (and last) paragraph of Section 3.10 be changed and amended so as to hereafter read as follows: Any ordinance or resolution (other than an emergency measure, the budget or ~outine expendit,ures of budgeted funds) which authorizes ~..~ or requlr es the expenditure or diversion of any City .'~'~ YES funds for any purpose or proposes any new tax or increased or decreased tax, fee, license, charge ~.~'~ or penalty shall have a separate statement signed by the city. manager outlining the fiscal impact and probable gain or loss in income or cost of the measure each year for the first three (3) years ~!.~. after its passage and a statement as to whether or ~.~.' not there will be cost involved thereafter. Such NO separate statement shall not be a part of the ordinance or resolution but shall remain with the ~'~' ordinance or resolution throughout the entire legislative process, including submission to the mayor"? i~'. ?~. D3/0068A/6 f :: '~my ordinance or resolution, other,than an emergency measure ~ the budge~which autho- rizes or requires the' expenditure or diversion of a~iy city funds for any purple or propo~s aiiY new tax or increased or decreased tax, fee, license, charge or penalty ahall have a se[~arate atatement signed by the city manager Outlining the f'mczl impact and 'pr~bi~ble' gai~'0~ lo~'iri income or .c~t of 4J~e measure each ye~.. for the. first three (3) years after its PasSage and a ,~atement ~ ~o whether or not there '~U be ~t ~-volv~d thereafter. Such ;ep~ate shall not be a part of the ordinance or resolution but shall remain with the ordinance or resolution throughout the entire legislative process, including submission to the mayor~ (Ord. No. 140, § 2(4), 2-16-81, Election April 1981) · : PROPOSITION NO. 7 Shall Section 6.01 be amended by the addition of the following sentence: YES "The city council may establish the municipal court as a court of record if authorized NO by state law."? D3/0068A/7 : CHAPTER VI. THE MUNICIPAL COUHT AND ITS CLERK Sec. 6.01. Municipal court. There shall be established and maintained a court, designated as a municipal court, for'the' trial of misdemeanor offenses, with all such powers and duties as are now or may hereafter be. prescribed by the laws of the State of Texas relative to municipal courts. A State law reference--Municipal courts, V.T.C.S. art. 1194 et seq. PROPOSITION NO. 8 Shall of Section 6.02 be amended so as to hereafter read as follows: YES "The City Manager may appoint a clerk of the municipal court with such duties~' and NO responsibilities as the city manager may direct. The. clerk shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court thereto, and otherwise perform any and all. acts necessary in the issuing of the .'. process of such court and in conducting the business thereof. Nothing herein shall prevent the city secretary or any other city official or employee from also being designated the clerk, and the city manager may appoint a deputy with the same power as the clerk."? D3/0068A/8 / Sec. 6.02. Clerk of the municipal court. k, The f&Rl~1 may aPpoint a clerk of the municipal court with such duties and responsibilities .... aa the.~ll~] may direct. The clerk shall have the power to administer oaths and affidavits, make ' certificates, affix the seal of the court thereto, and otherwise perform any and ~!1 .............. . acta necessary i~ ' ' "-~ the i~uing of the proces~ of such court and in conduct/ng the business thereof. Nothing herein shall prevent the city a~cretary Or any other city official or employee from also being designated the clerk, and the council may appoint a deputy with the same power as the clerk. PROPOSITION NO. 9 Shall the third sentence of Section 7 05 be amended so as to hereafter read as follows: ,"4 YES "Such election shall be held within fourteen [.:.: NO (14) days of the general election "? ?.7 : D3/0068A/9 Sec. 7.05. Runoff election and tie vote. A runoff election shall be held whenever no candidate receives a majority of the votes cast for the place for which such person is running. The two (2) persons receiving the highest number of votes shall be candidates in the runo~ election. Such election shall be held not less than {30~ nor more then si~tv ¢60~ days aft~. the date of the general election. The exact date of the runoff shall be fixed by the council and notice ~f the election and conduct thereof shall be the same as for the general city election. ]n the event there is an equal number of votes given to two (2} or more of the candidates receiving the highes! vote for the same office, the council shall order a tie.breaking election between the two (2} or more candidates who have tied. In the event of a tie in the runoff election, the candidates will draw lots within ten (10) days after the vote is canvassed. Ali candidates or their representatives will be present. PROPOSITION NO 10 YES Shall Sections 9.08, 9.09 and 9.10 be NO deleted? .:~. ~.: D3/0068A/10 :.. }.:.. "' ' Sec. 9.08. Board of equalization. ' ....................... .., .'. 'i. ,:,~,:: ' Eachyear, prior to Mayfif~eenth, thecou ' · · ~, ,' ~ .', :,', ~', I., ..... o . _ _ n.c_~! shall appoint a board of equahzat~on corn osed ,.. ...... , ....... f no fewer than three (3) nor more ' . _ . P ,:, .... .~.,~ ~' , .r, ~ -- ........... than five (6) ~rsons who shall be ualine~ vo r~ ~.'d .'~ ,~.~ ...... '. p p~rt~ o~ers m ~e cl~y, none of whom shall ~ -~-~ ......... ' . . ' ; , , ........ ...,;, At the same meet~ . . e council , ~, .,~ .,,, ..... , ...... n~ that the council a In ........ · ,,. ,:~.~ ,, ,. ,, meeting of such ~d, which shall ~ -~, ~-,-~ -~ ..,., ....,., ...... a~ ~nan ~ne urst day of June. The city assessor. ,~'~'~:.,'~i~?~," '.' ': ~llec~r shall act ~ secre~ry ~ ~id ~ard A majority of said board mem~ ..... ' .... ~,~. ,,~., .. :, ~,,~.~,. ,, g hall const~tu~ a quorum for th- · ..... ': ........ ' ":?"f'?:" "'f '-i~'~':~";": serving, shall reCeiv ' - . ~ --a-~c~lon ol ouslness. Members of said bOard,' while~ , ' "~.. ~'," ~'.'; ' esucn corn ensation ' ' d b ...,,i.~.:l,?;~.,i,~i.~::~,· . . ~ , . P as may ~ provide y the councd and shall perform no '..: ~: ,,,,c..,, ,,, ~, >...,. other dutms for the city. The board of equali~tion shall have such -~w ...... a,~....~ -.--'.;' .' ,~ '? .... ': ':, ~ and suc~ aa~lLiona] powers as may be prescribed bv ordinance and -~*~,,~* *~.~ e'-.. _~_~.__' ',: ,:-,,.' .... ',a I ' f~r amended and shall, be ~o erned by such rules and regulations as may .,';..,~,'.":,. ' . . V ut may adopt such f~ther rules and re~ulati'ons of i~ own which a e:~ ,:,, ~,;,:. .... ,,. prescribed by ordinance, b r "" '"'~ :' ' '; "" not in conflict with any city ordinance or law of the s~te, namely: . : ,,,., ':,-. ;'.' ,. (1) To elect a chairman from i~ membemhip who shall preside at all meetings of t~e board. . '.., (2) To adopt'regulations re~ardin~ the ProCedure ofassessmen~ review. · . .. ',. :,,, ,',"' (3) To adjourn and reconvene as necessary'afar i~ first meetin[, ~ perform i~ duties. ., ~:, ,. ....... (4) To review, 0n complaint of property o~ers, assessmen~ made by the ~x assessor. collector for the purpose of ~xntion of both real and personal property within the city.. ' -. :,',~';',,~.: .... ,' <,,:".," (5) To hold hearings, administer oaihs'~'~d'~ke ~stimony. ,.'~; . .,..~ .,~.... : :,???~.~:~,':~ ?'.4~'?,?~.' ', (6) To compel the prMuction of all b~ks; d~umen~ and other papers perLinent ~ {he"~.':~:'~';:~ ':/,'~,,:~'~'~.-~;;',; :.', ~ ~"~:'"~' ;"' . investi[stion of ~xable values of any person, firm or corporation havin~ or o~in~ properly within the corporate limi~ of the city subject to ~xation and to punish for :',' ;" conLempt as provided by ordinance. "" ~ ......... ' ' To correct any errors that may appear on the city assessor-collector's Iis~ or b~ks. ..... ,.,- .,,. ,'.~,,. ,~. (?) . · · , , ... "':'~"~ '" ',' :~:~';'~" """,'" (8) To ex.mine, and if access.fy, revise the assessment as presented by the ~X ' ""' "" · collector ~ ~he end that all property wkhin the city shall be assessed as fairly and , ;L" ' " '~' uniformly as possible. ~", (9) To give notice of the da~, time and place of all public meetings of the board at l~t ten :. (10) days prior ~ such m~tings by adve~ising ~e in the offici~ newspa~r ofthe city. Sec. 9.09. Increase of assessment by board. Whenever the board shall find it their duty ~ raise the value of any proper~y appearing on the lis~ or books of the assessor-collector, it shall, ~r having examined such lis~ and b~ks and correc~d all errors appearing therein, adjourn ~ a day not less than ~n (10) nor more than tilden (15) days from the date of adjournment and shall ~use the se~e~ of the ~d ~ give ~it~n notice to the owner of said property or to the person rendering sa~e, of the tim e which the board has adjourned and that such owner or person rendering said property may at any time appe~ and ::, show cause why the value of said property should not be raised. Such notice shall be served by addressing same ~ such person's last kno~ address and depositing same, pos~ge paid, in the U.S. mail. Sec. 9.10. 'Records: Certification and adoption. The board shall be req'uired to keep an accurate record of all its proceedings which shall be . available for public inspection. Immediately ~pon c~mpletion of i~ work, the Mard shall certify ~." i~ approval of the assessment roils which shall be returned to the council, which shall thereupon '. ~ certify and adopt the same as the assessment rolls ~ be used for the collection or.es for · CHARTER § 10.02 current.year. Should the council fail to certify and adopt the tax rolls at the council meeting where ' ' such tax rolls are submitted, same shall be deemed to have been finally certified and adopted by the council and same shall be and become the valid tax roils of the city. The tax assessor-collector shall thereafter cause tax statements to be mailed to each person, firm or corporation named upon PROPOSITION 11 YES Shall Section 11 01 be deleted? NO ' D3/0068A/ll CHAPTER XI. TRANSITION [Sec. 11.01. Election change ~rdinance.] ' The council shall, at the end of the first two (2) year amendment period, call a special election to have the voters decide if: (a) Precincts should be established. (b) The number of council places should be increased. PROPOSITION NO. 12 Shall Section 12.01 be amended so as to hereafter read as follows: "All records and accounts of every office, department, or agency of the city shall be open to YES inspection by any citizen or by any representative' of the public at all reasonable times and under such reasonable regulations as may be established by the city manager and/or the city council in NO accordance with State law, except records and documents which the City is permitted by.law, to~' withhold and those records and documents prohibited from disclosure by law."? D3/0068A/12 Sec. 12.01. Publicity of records. All records and accounts of every office, department, or agency of the city shall be open to inspection by any citizen or by any representative of the press at all reasonable times and under such reasonable regulations as may be established by the city manager and/or the city council,~ ' ~?.' except records and documents~t~; ~-~:,~ur~ of ~,~L~c,~. wc~ul~ ~cn~ :c deft:*. ~-~c !:~'f'~! ~ur~ - ........... ~ ............. ~ .................. an ocumen~proh~b~ted from disclosure by law. ti ~i., ,(. PROPOSITION NO. 13 Shall Section 12.04 be amended so as to. hereafter read as follows: "Before the city shall be liable for damages for'the death or personal injuries of any person or for damages to or destruction of property of any kind, which does not constitute a taking or damaging of. property under Article I, section 17, Constitution of the State of Texas, the person injured, if living, or his representatives, if deceased, or the owner, his agent or attorney of. the property damaged or destroyed shall give the city manager or city secretary notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within .ninety (90) days YES after same has been sustained, stating. specifically in such written notice when, where, and how the death, injury, damage or destruction occurred, and the apparent extent of any such .' injury, the amount of damages sustained, the actual residence of the claimant by street and NO number, at the date the claim is presented, the actual residence of such claimant for six (6) months ? immediately preceding the occurrence of such death, injury, damage or destruction, and the. names and addresses of all witnesses upon whom it is relied to establish the claim for damages. No action at law for damages shall be brought against~ the city for such death, injury, damage or destruction prior to the expiration of. sixty (60) days after the notice hereinbefore described has been filed with the city manager o~ the city secretary."? D3/0068A/13 Before the city shdl I~ liable for d~n~ fo~ ~ d~th or ~on~l injuri~ of ~ny ~on or ..... p~y d~ or d~oy~ s~ ~ve ~e city m~er or city secre~ noti~ in ~ of ' su~ d~,.~, d~e or d~on, d~y ve~ by ~da~t, ~thin.~i~ (30) da~ ~r State law reference--Tog C~s Act~ V.T.C.S. ~, 6252--19. PROPOSITION NO. 14 YES Shall the second sentence of section 12.11 NO be deleted? prece(3 to mettlt c~t, tlct Sec. 12.11. Appeals. ' ' , ': · .. The city co~cil s~l,' by ordin~ce, ~bl~h pr~ur~ for ap~ for. ap~in~ or ~lari~, for dismi~l.