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HomeMy WebLinkAbout11/17/1986 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 17, 1986 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. at City Hall, with the following Council Roll Call: Don Amick Mayor, Present Rick Harris Mayor Pro-tern, Present Tom Arrambide Councilman, Absent du~ of ~o~n~business David W. Dye, III Councilman, Present Steve Glazener Councilman, Present Harvey Bradley Councilman, Present Marlene Poole Councilman, Present and with six members present, a quorum was established and the following items were addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO WIT: A. INTERVIEW FOR BOARD APPOINTMENTS Upon reconvening in Open Session and with no action to be taken as a result of the Closed Door Session the Council addressed the following items: 2. PLEDGE OF ALLEGIANCE Mayor Amick led the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 3. CITIZEN INPUT Helen Gray - 5232 Alpha, addressed the Council regarding the I.B.M. property lcoated directly across the street from her residence stating that in 1979 the property had been zoned industrial and that the citizens had not been notified of that particular Public ttearing and they should have been. Ms. Gray said that the citizens did not want to live across the street from an industrial area because it would decrease the value of their property. Ms. Gray also said that she understood that I.B.M. had promised that if they did not build within 5 years the land would go back to the previous owners, stating that there is nothing in writing to that effect and now it has been well over five years and because of the industrial zoning, she is unable to sell her home. Ms. Gray said that the Council at that time had not been looking out for the citizens or that would have been done. Councilman Harris asked if the minutes of that 1979 meeting had been researched. Janice Carroll said yes, and that notification had been sent to homeowners. Ms. Carroll went on to say that the City has sent a letter to Ms. Gray's real estate company explaining the 200' landscape~ setback requirement. Ms. Gray said she and her husband were not notified of that 1979 Public Hearing. Mayor Amick asked Janice Carroll to give a written report of that transaction to the Council. Councilman Poole requested a copy of those Council meeting minutes. Dick Weaver 4940 Hackney Lane, addressed the Council on behalf of the Denton County Tax Payers Association, stating that this group is attempting to obtain enough signatures on petitions to require Denton County to call a roll back election due to the large increase of the County taxes this year. Mr. Weaver gave the Council a hand out itemizing the tax rates for 1986 and 1987 and property values, stating that The Colony residents will have to pay approximately $400,000.00 more this year. Mr. Weaver said that the County had said the new jail would cut expense because the County had previously had to use surrounding citie's jails. Mr. Weaver said this jail had been built without a bond election and the jail ended up costing $11,000,000.00 as opposed to the $8,000,000.00 it should have cost. Mr. Weaver said the Commissioners should doa better job of spending the money of taxpayers, stating that this Council does a better job with less money. Mr. Weaver asked the Council to recognize the fact that the citizens want to vote on this issue. Carl Fisher - 3240 Lake Country Court, Farmers Branch. Mr. Fisher read a prepared statement to the Council (see Attachment "A") in which he addressed the SFR Ordinance #278 of the City. Mr. Fisher's statement outlined some of the proceedings at a recent court case involving this . Ordinance and Mr. Ty Barron. Mr. Fisher's statement also outlined reasons why he felt this Ordinance is invalid and requested the City Council to repeal Ordinance #278 promptly. Doug Gressett- 5404 Merrell Lane, spoke as the President of and on behalf of the jaycees,publicly thanking the citizens of The Colony for supporting the circus held recently and gave a special thanks to City employees, Chief Nick Ristagno, patrol officers, Ken Leverich and the Public Works crew and Tommy Turner of the water department. Mr. Gressett said. this had been one of the best endeavors the Jacees had ever undertaken stating that the money would go back intoz the City by being spent on the development of Dave Gown Park. Marge McCormack - 1933 Camden Way, Carrollton, read a prepared statement to the. Council (see attachment "B") in which she gave her reasons for believing Ordinance #278 is illegal. Ms. McCormack also requested the Council to repeal Ordinance #278. Councilman Harris asked Ms. McCormack how many homes she o?'ned in The Colony. She stated she and her husband own eleven (11) homes in the City. Doug Farmer - 2119 Statler, Carrollton, stated that he owns eleven (11) homes in The Colony and that he has no problem with the ordinance requiring Certificates of Occupancy but that he objects strongly to the SFR Ordinance and stated that he will buy no more licenses urging the Council to repeal Ordinance #278. V.K. Duptka - 2004 Carmel, Piano stated that he owns 30 homes in The Colony and believes Ordinance #278 is unconstitutional, serving only to create revenue and urged repeal of the Ordinance. Chris Karrah - 6201 Misty Trail, Dallas, stated that he owns six (6) homes in The Colony and also feels the SFR ordinance is unconstitutional, requesting repeal of the ordinance. George McCormack - 1933 Camden Way, Carrollton, said that several years he had explained the £eelings of the landlords regarding the SFR ordinance, stating there was no valid reason for the ordinance being enforced on top of the Certificate of Occupancy Ord. inance. Mr. McCormack said all the landlords agree with the C.O. Ordinance, stating m(~st land. lords want the property value to stay up and therefore keep their properties up. Mr. McCormack also suggested the Ordinance (#278) be repealed. T.V.Tipps - 1844 Hood, Carrollton, stated he owns six (6) homes in The Colony and feels the SFR ordinance is not necessary. Mr. Tipps said he thinks the same rule should apply to homeowners (residents) as landlords. Ty Barron 5224 N. Colony Blvd., The Colony, addressed the Council regarding a letter he had written to members of the Council inwhich he stated reasons why the Single Family Residence Ordinance #278 is illegal. Mr. Barron said that to date he had received no response to that letter. Then Mr. Barton noted that he had mailed a letter dated October 1, to Janice Carroll in which he stated he would no longer pay for licenses on his properties. Mr. Barton said that he is a joint owner with another person and that just one half of the 1i cense fee had been paid and that he receivedone half a license. Mr. Barton also stated he had received no response to that letter. Mr. Barton then stated that on September 15, 1986 he had. sent a letter to Janice Carroll in which he had requested the following information: certified copies of the Minimum Housing Code, Uniform Building Code, Ordinance No. 278, Ordinance No 208, City Charter and Proof of Publication for Ordinance No. 278 and Ordinance 208. At this ttme, Mr. Barton stated he had not received a response to that request and that he did send a reminder on October 3, 1986 to which he had not received a response either. Mr. Barton then referred to Mr. Carl Fisher~s previous statement in which he said he pays approximately $3300.00 taxes to The Colony, stating that he (Barton) probably pays around $60,000.00 in taxes to The Colony, making ]:lim one of the largest individual tax payers in the City, _going on to say that he feels he deserves at least the respect of response to his letters. At this time, Mr. Barton cited a recent court case in Denton County, stating that when he questioned Mr. Eric Stanton, Building Official, for the City of The Colony, his answeres indicated that he was not familiar with the ordinances in questions. (#278 & #208) Mr. Barron asked Mr. Stanton if he was familiar with Ordinance No. 278, referred to as the Single Family Residence, and then said Mr. Stanton replied he was familiar with it, k.ut did not know its intent. Mr. Barton then said he asked Mr. Stanton if he could state the purpose of this Ordinance and said that Mr. Stanont replied, "No, sir, I couldn't". Mr. Barton stated that the head of the Inspection Department does not even know the purpose of the two Ordinances named above. Doug Hall - 5405 Russell, asked about trash pick up in The Colony, stating he knew it was contract with Texas Waste Management. Mr. Hall wanted to know if this was going to be put out to bid and if so he would like to bid, if not he would like some input into the contract since that was the business he is in. Mayor Don Amick - stated that he had received a letter from Ms. Jane A. Nelson, 5556 Vance, a tax clerk and was asked to read the letter at the Council meeting. 'Mayor Amick read a brief letter from Ms. Nelson, in which she stated she was opposed to the Denton County Tax Roll back, for fear it would result in the closing of our annex building, 4. CONSIDERATION OF AN ORDINANCE CALLING A HOME RULE CHARIER ELECTION TO BE HELD ON THE 17th DAY OF JANUARY, 1987. City Manager Bill Hall said the Ordinance had been prepared by the City Attorney.The Mayoeclarifiedthe change in Amendment 3, stating that the stipend for Councilmembers would not be effective until October 1, 1987. Mayor Amick then read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ORDERING AN ELECTION TO BE HELD IN SAID CITY AT THE NEXT REGULAR MUNICIPAL ELECTION ON THE 17th DAY OF JANUARY, 1986, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF THE COLONY, TEXAS, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER, DESIGNATING THE PLACE AT WHICH SAID ELECTION IS TO BE HELD, APPOINTING THE OFFICERS OF SAID ELECTION, MAKING PROVISIONS FOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Councilman Harris moved to approve the ordinacne as written, and Coun- cilman Poole seconded the motion. Mr. Dick Weaver asked what the changes were. Mayor Amuck said that a committee had reviewed the charter and recommended these changes and that Mr. Weaver could pick up a copy of them from City Hall. The motion then passed with a unanimous roll call vote. 5. CONSIDERATION OF A PURCHASE AGREEMENT WITH CAMDEN DEVELOP- MENT COMPANY FOR THE PURCHASE OF EFFLUENT WASTE WATER FROM THE COLONY SEWAGE TREATMENT FACILITY FOR IRRIGATION OF THE STONEBRIAR COUNTRY CLUB GOLF COURSE FACILITY. Bill Hall gave the background on this item, stating that Mark Webb of Camden is willing to buy, at an as yet undetermined price, this effluent water. Mr. Bruce Smith representing Camden was at the meeting and stated that the water is needed to irrigate the grass, which they need to get planted right away, and that they would like to see this approved. Mr. Smith said the company will install all lines necessary, per city Requirements. Councilman Dye asked what alternatives the company has. Mr. Smith said they do have access to a well, but the nature of that water suspect, howver they think the two waters can be mixed and be usable. Mr. SMith said he feels this will benefit both camden and the City of The Colony. Councilman Dye asked how much water can be taken out and Mr. Hall said that has been checked into and there should be no problem, stating the City has a contract with the City of Dallas and that Dallas has no problem. Mr. Hall said the only forseeable problem would be if The Colony gets its own golf course and even then, Camden has agreed that The Colony course would have priority. Mr. Hall said that a permit through the State is necessary and that long range maintenance is to be provided by Camden. Councilman Dye said he would like to provide the water to Camden but that he is very committed to a golf course in The Colony and doesn't want to hamper that. Mayor Amick asked Mr. Smith what the company's position is regarding two golf courses. Mr. Smith said he feels that would not be a problem based on the annaul demands and requirements, especially with the well to supplement, going on to say they company has ro problem yieldir? water to irriFate the municipal golf course. Councilman Dye asked 'if Camden has to enter into an agreement with Dallas and Mr. Hall said no, that The Colony has to get the permit from the State. Mr. Dick Weaver asked if the money would be put into the Enterprise and General Fund. Mr. James England, Finance Director said it would go intothe Enterprise Fund. Mr. Weaver then asked if that meant the City Council could not spend the money any way they wanted to. Mr. England said the City Council has ultimate authority on all funds within the City. Councilman _'-{arris asked why this was on the agenda without a contract. Mayor Amick said this was information only, stating the Council can act on it if they so desire and if all questions are answered. The Mayor suggested this be put into Committee. Councilman Harris said that first it should be determined if all the Council was in favor. All the Council agreed and the Mayor appointed Councilmen Glazener and Dye to study this and bring back their recommendations at the December 1, 1986 meeting. 6. CONSIDERATION OF SITE PLAN APPROVAL FOR THE DIAMOND SHAMROCK TO BE LOCATED AT 4907 MAIN STREET. Mr. Bill Hall said there wererepresentatives of Diamond Shamrock at the meeting, Mark Baler and Jerry Campion, and that Tommy Turner and Bill Sharp were present to answer questions also. Mr. Baler said that the car wash is being built along with the station. Councilman Dye asked if the 27' easement was worked out. Mr. Hall said believes all the details have been worked out and that it is an easement not a dedicated street, and that it would be maintained like a city street. Mayor Amick asked if the drainage was satisfactory. Mr. Hall said yes the drainage, with Carp permission, had been worked out. Councilman Bradley asked if Diamond Shamrock was responsible for the road. Mr. Hall said the developer is responsible, not Diamond Shamrock and that Gary Kerr is working with the Corp. Councilman Dye asked if there should be a permit with the Corp. Mr. Hall said the Carp has no problem and really no jurisdiction. Councilman Dye said if we approve this without a permit there could be potential liability. Mr. Hall said the permit he was referring to was for the adjacent property, stating this tract has a natural drainage and the flow or intensity has not been increased. Councilman Harris moved to approve the site plan and welcomed Diamond Shamrock into The Colony. Councilman Bradley seconded the motion. Mr. Bill Sharp of P & Z asked if the recommendations regarding the parking and fire lanes had been addressed and if so then P & Z had no problems. Those items had been taken care of. Councilman Dye said he would like to amend the motion to state approval contingent on Mr. Hall chocking into the carp drainage. There was no second to the amended motion, therefore motion died. The original motion carried with a unanimous roll call vote. 7. CONSENT AGENDA Mayor Amlc~ st'mmarlzec' the Items on the Copse~t Agenda. Courctlmar ~arr~s reouested ~tems A ~ B bt, pulled for c'iscusslon. A. CONSIDERATION OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CON- SUMPTION AT THE FOLLOWING LOCATION: 4907 MAIN STREET Councilman Harris said he thou?hr 2 years was too long to g~ve for beginnmff construction and would like to see it chat, ged to one year. Councilman Harrik said he also wanted the ordinance to spectfy if there was a change lp tenar~ts/owners the ?peclfic Use Permit would not transfer to the pew owners. After a lengthy d~scuss~on all agreed they would hke Section 3 to state bus~ness will open within one year of approval of site plan. Mr. Hall stated the intent was to have the bus~ness open within two years of approval of site plan and if not then the owners will have to come before Goucnil again. Mr. Hall also stated that according to a legal from John Boyle, Gity Attorney a Specific Use Permit constitutes a change in the Gompreh. ensive Zomt~? Ordinance and ~t cannot be authomatically be revoked, even if the tenant/owner does change. At this t~me Mayor Amick called for a motion to approve th~s item as written. Councilman Harms moved to approve the Ordinance as written and Councilman Poole seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CON- SUMPTION AT TIlE FOLLOWING LOCATION: 5100 PAIGE ROAD Th~s Ordinance bein~ exactly the same as Item 7A, Councilman Harms mowed to approw~ as written, and Councilman Poole seconded the motion, which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19, RELATING TO TRAFFIC BY INCREASING THE SPEED LIMIT ON PAIGE ROAD, FROM NORTH COLONY BLVD. TO AVERY LANE FROM 30 TO 35 MPIl AND FROM AVERY LANE TO SH 121 FROM 30 TO 40 MPH, SHORTENING THE SCHOOL ZONE AT JOY DR. AND NORTH COLONY BLVD., ESTABLISHING A SCHOOL ZONE ON NORTH COLONY BLVD. AT PAIGE RD., CHANGING THE SCHOOL ZONE ON FM 423 FROM 11:20 A.M. TO NOON TO 11:00 A.M. TO NOON AND CHANGING ALL AFTERNOON SCHOOL ZONE HOURS FROM 2:30 P.M. TO 4:00 P.M. TO 2:45 P.M. TO 4:15 P.M. Councilman Harris moved to approve the Ordinance as wmtten and Councilman Poole seconded the motion which carried with a unanimous roll call vote. D. CONDISERATION OF THE APPROVAL OF MINUTES OF THE CITY COUNCIL MEETINS HELD ON OCTOBER 20 AND 27, 1986. Councilman Harris moved to approve the m~nutes as written and with Councilman Poole seconding the moiton, it carried with a unanimous roll call vote. E. CONSIDERATION OF THE AUTHORIZATION OF EXPENDITURES OF CAPITAL IMPROVEMENT FUNDS FOR DRAINAGE IMPROVEMENTS AT LIONS CLUB PARK AND DAVE COWAN PARK Councilman Harris moved to approve the expenditures as presented and Councilman Poole seconded the motion which carried w~th a unanimous roll call vote. F. CONSIDERATION OF THE AUTHORIZATION OF EXPENDITURE OF PARK BOND FUNDS UP TO $10,000.00 EACH FOR THE IMPROVEMENT OF THE FOLLOWING POCKET PARKS: KEYS/NEWTON SLAY/BAKER LATIMER CIRCLE AUGUSTA DAVE COWAN Councilman Harris moved to approve the expenditures as presented and Councilman Poole seconded the motion, which carried with a unanimous roll call vote. G. CONSIDERATION OF THE AUTHORIZATION OF THE EXPENDITURE OF PARK BOND FUNDS NOT TO EXCEED $2442.00 FOR THE INSTALLATION OF A WINDSCREEN AROUND THE TEENIS COURTS AT BRIDGES PARK. Councilman Harris moved to apFrove the expenditure as presented and Councilman Poole seconded the motion which carried with a unani- mous roll call vote. H. CONSIDERATION OF THE ACCEPTANCE AND AWARD OF BIDS FOR THE PURGIlASE OF A PORTABLE AIR COMPRESSOR Councilman Harris moved to accept the low bid from Moody-Day, Inc. for the purchase of a portable air compressor. Councilman Poole seconded the motion which carried with a u. nanimous roll call vote. I. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MOODY-DAY, INC. FOR THE PURCHASE OF A PORTABLE AIR COMPRESSOR Councilman Harris moved to approve the ordinance as written and Councilman Poole seconded the motion which carried with a unanimous roll call vote. J.CONSIDERATION OF ~I-IE ACCEPTAN(E AIXD AWAI~D OF BIDS FIR TIE PURCHASE OF FOUR POLICE PATROL CARS Councilman Harris moved to accept and award to the recommended low bidder, Lee Jarmon Ford for the purchase of four police patrol cars. Councilman Poole seconded the motion, which carried with a unanimous roll call vote. K. CONSIDERATION OF AN ORDINACNE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LEE JARMON FORD FOR THE PURCHASE OF FOUR POLICE PATROL VEHICLES. Councilman Harris moved to approve the ordinance as written and Councilman Poole seconded the motion which carried with a unanimous roll c~dl vote. 8. CONSIDERATION OF A REQUEST FOR A RATE INCREASE BY LONE STAR GAS CO. Mr. Bill Hall introduced Asst. City Manager, Janice Carroll to give a brief overview of the request. Ms. Carroll stated that staff recommends hearing this request and then taking it under advisement, stating that the City can pass the ordinance and then suspend for 90 days._ Ms. Carroll said that if no action is taken now then the increase automatically goes into effect on December 15, 1986. Randy Roper of Lone Star Gas stated this is a 1.98% increase in the amount of $9215.00 throughout the City, in a total of 824 customers of The Colony. There followed a discussion regarding loction of ltnes in The Colony and a general discussion regarding the rate increase request. Councilman Poole asked what would happen if the City rejected the request. Janice Carroll said if we ~gnored this then the increase would automatically go into effect December 15, 1986, going on to say that if staff is instructed to bring the ordinance to Council December 1, 1986 to suspend, then Lone Star Gas can appeal to the Railroad Commission. Mr. Roper said. the company had not been before the Council for a rate increase since 1981, stating that this amount is a fair rate of return on thetr investment in The Colony. Councilman Harris asked how rates vary from city to city. Mr. Roper said the city gate rate is the same but the difference comes in operating and maintenance expenses, taking into account the number of people on the system. Mr. Roper said the more people, the lower the rate, going to to say the customer service rate is the same. Mr. Roper then covered Sect 4-C and the operating expeneses as aoutlined int he proposal presented to Council. Coucnilman Dye moved to approve the rate increase as presented by Lone Star Gas. Councilman Poole seconded the motion passed with the following vote: Harris - Aye, Dye - Aye, Glazener - Aye, Bradley - Nay, Poole Aye, Amick - Aye. 9. RECEIVE A DEPARTMENTAL REPORT FROM FIRE CHIEF VAN MORRISON REGARDING THE FIRE DEPARTMENT Chief Van Morrison gave a brief report statin~ the purpose of the Fire Department~as Saving Lives, Protecting Property and Supressing Fire. The Ghief introduced Dave Wallace as the Captain, EMS Coordinator and Fire Marshal. Chief Morrison covered the volunteer program and then went into the organization chart, naming the various divisions in the department. The Chief covered the response made to fires and medical emergencies for 1981-86 and stated some statistics regarding driving time, stating that drivln~ time had decreased considerably due Trinity Hospital in Carrollton. The Chief stated that some of his goals for the department are to 1) make this one department, not a volunteer and a paid, Z) institute a physical fitness program, 3) establish a pre- fire planning system, 4) look for new volunteers, 5) install a flag pole at Station 2, 6) have 15 Texas Certified Firefighters by the end of 1987, and 7) establish a small scale training facility on site. 10. CONSIDERATION OF THE APPROVAL OF AN EMPLOYMENT CONTRACT FOR THE CITY MANAGER Coucnilman Harris clarified that there had been a typographical error made in Section 5 regarding the 18 month period ending March 1987. Mr. Hall said that ~t should state 1988. Councilman Harris moved to approve the contract as wmtten, Councilman Dye seconded the motion, which carried w~th a unanimous roll call vote. At this time, Mayor Amick called item #1 back to the table 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2G, REGARDING PERSONNEL, TO WIT: B. STAFFING Upon reconvening in open session, and with no action to be taken as a result of the Closed Door Session, Coun-cilman Glazener moved to adjourn the meeting and Councilman Dye seconded the motion, which carried with all members voting Aye. Mayor Amick adjourned the meeting at 11:15 p.m. APPROVED: ATTEST: Patti A. Hicks-, City Secreta y ~' T All ATTACH~¥:EN T " November !7, 1986 (Speech by Carl Fischer, 3420 Lake Country Court, Farmers Branch, Texas) Mr. ~yor, Members of the City Council, I am Carl Fischer. I live at 3420 Lake Country Court, Farmers Branch, Texas. I own 4 residential properties in The Colony .with a combined annual tax bil-1 of approximately $3,200. I come before you this evening to request that prompt attention and consideration be given to repealing Ordinance #278, the Single Family Residence License Act sometimes referred to as SFR. I recently attended the Appeal trial of ~r. Ty Barron as a witness for the defense. As the 2 day trial progressed and midway through the second day it became increasingly apparent that the prosecution and all witnesses for same 'were not familiar with and lacked a working knowledge of the stated desire and mechanics of the SFR Ordinance. These witnesses included the Colony City manager, head of the Inspection Department and an employee of the Inspection Department. Judge N~rtin became so exasperated he finally took control of the procedings. Addressing the prosecuting attorny, and I quote from page 68 of the afternoon session of the second day of the trial, Judge Martin speaks , "Yes ma'am. I am trying to understand this, that is the reason I butt in now and then. I can sit here and say nothing, just daydream while you testified; I like to understand." The Judge continued, "Well, of course, there is one thing if we were strict about it, the language of the ordinances are all we need to have unless they are ambiguous. We don't need to have somebody's understanding of them, except in situations where they are not followed and where the practice is one thing and the ordinance l~n~age is another. In a case like that, why, the reason I listen to these things is maybe the -- the practice is one thing and the ordinance is another; and, a person can't be convicted of a crime unless he has violated some law which is clear and certain. You can't be convicted of violating the conceptions and policies and ideas of a public of~ficial. You violate the law. You don't violate what the mayor thinks or the council thinks, you .commit a crime you violate a law. If you offend a public official, that doesn't mean you violated a law." Page 2 ' In rendering his decision the Judge stated, and because of the length of his statement I mention only a small portion, "I have a reasonable dou,b~ that the ordinance is valid," and "the Defendant is acquitted in each and every of these Not too many people have really read and understand the language of the ordinance. I, having reviewed it with several lawyers, probably have a more thorough knowledge of it than anyone in this room. To illustrate, the preamble of Ordinance No. 278 states: "~HEREAS, the City of The Colony, Texas, hereinafter referred to as the "Cit~j", has a substantial number of resident dwelling units located within property zoned, developed and used as single-f~m~ly residences; and WHEREAS, the City has a concern about the population density within the single-family residences; that the single-family residences be used solely for single-family purposes and a further concern that the units be not only constructed in accordance with all of the applicable City ordinances but that the units be maintained in compliance with all such applicable ordinances; and ;~tEREAS, the City believes it is in the best interest of its citizens in the promotion and protection of the health, safety ~orals and general welfare of the community that th~ City establish a licensing procedure applicable to single-family residences." It has always facinated me that the thrust of the ordinance is directed at single family residences and the health, safety, morals and general welfare of the inhabitants and their surrounding neighbors. This is very commendable as I thizdc it is the ·duty of the governing body to be concerned about the welfare of all the people. It even sounds as though ~ owners of single family residances will be required to have their homes licensed. · However, in the implementation portion of the Ordinance only those homes used for rental purposes must be licensed which amounts to approximately 15% of all homes in the Colony. Question? Shouldn't we be concerned with the health, safety, morals and general welfare of the other 85% of the community; the Single Family Residence Home' ~ners? Page Shouldn't they be inspected annually to insure they have house numbers on their backsides? Isn't it just as important that their dishwashers, garbage disposals, ground fault interrups all work properly and the toilets flush when pulled? The Judge of the Denton County Criminal Court certainly did! ! ! Ordnance No. 278 accomplishes nothing that can't be accomplished through the Certificate of Occupancy Ordinance No. 208 I can not adequately cover this complex subject in 5 minutes time and therefore close .~and say in s,~mm~ry - I am a law abiding citizen, retired Naval officer, I resent being referred to as a wealthy landlord in a tone of contempt. All my properties in 4 different cities are a credit to their neighborhoods. I was among the very first property owners to purchase licenses for my -~ingle Family'Residences. I've ren~weA~ them twice since that time. Ordinance No. · '278 is blatently unconstitutional and in violation of the Tax Laws of the State of Texas. Accordingly, I have no intention of .Raying for any more licenses and will not pay the renewal fee. I request the City Council repeal Ordinance No. 278 Promptly. If any or all members of the city council would like to discuss this matter with me further I would do my best to m~ke myself available. i~argery McCormack ,1933 Camden way Carrollton, Texas 75007 Mr. Mayor,Members of the City. Council, I am Margery McCormack. fh~ I live at 1933 Camden Way Carrollton, Tx. My husband , George~! ,.,.Cormack and I Own and manage a number of homes here in ~he C.~lony. ~ I am here tonite because I feel so very strongly,that the Landlord License ordinance is very wrong. It is illeg~l.'~. I know that there is a need to know who the owners or managers are for security reasons. This is now being taken care of with the current C.O. If there is any other reason for the collecting of the fee of $35.00 and the following years of $30.00,I don't know what it can be. The turnover in rental gives you all the data you need. I also want to add, that I feel the threat of not allowing thw water and electricity to be turned on is also The illegal electric company told me they can only withhold elec'~ricity for a hazard or for nonpayment of the bill. The same'with the water.~ As I feel this law is unconstituional and can be construed as undue harassment by the court. I will not buy any so called licenses to continue to rent our property in The Colony, I request that this City Council repeal this ordinance No. 278. and spend more time mending, fence with our neighboring towns.