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May 23, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES May 23,2006 The City of Denton City Council convened in the Work Session Room on Tuesday, May 23, 2006 at 5 :00 p.m. to attend a reception honoring City Council. After determining that a quorum was present, the City Council convened in a Special Called Meeting on Tuesday, May 23,2006 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. Presentation from the Chamber of Commerce. Marty Rivers, Chamber of Commerce, read a proclamation honoring Euline Brock. 3. The Council considered adoption of an ordinance on first reading to voluntarily annex approximately 3,406 acres into the corporate city limits of the City of Denton, Texas. The property was bounded by Tom Cole Road to the north. FM 2449 bisects the property near the center of the development and John Payne Road is the eastern boundary south of FM 2449. Underwood Drive was on the eastern side of the property north of FM 2449. The property was bounded on the west by H. Lively Road/C. Wolfe Road and extended to the south a distance of approximately 6,500 linear feet from FM 2449. The property to be annexed was generally located in the southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ). The Planning and Zoning Commission recommended approval (6-0). (A 06-0001, Cole Ranch) Brian Lockley, Interim Director of Planning, stated that this was the first reading to voluntarily annex the property known as Cole Ranch. He presented the background information on the annexation and detailed the location of the property. He also reviewed the future land uses of the property . The following ordinance was considered: FIRST READING AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 3,406 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE 50UTHWESTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED WEST OF INTERSTATE 35 WEST, SOUTH OF TOM COLE ROAD, BOUNDED BY TOM COLE ROAD TO THE NORTH, BISECTED BY FM 2449 NEAR THE CENTER OF THE PROPERTY, BOUNDED ON THE EASTERN SIDE BY JOHN PAYNE ROAD SOUTH OF FM 2449, AND UNDERWOOD NORTH OF FM 2449; BEING A PORTION OF THOSE CERTAIN PLATS CALLED IN J. W. KJELLBERG SURVEY, ABSTRACT NO. 1610, THE JAMES MCDONALD SURVEY, ABSTRACT NO. 873, THE I.W. BYERLY SURVEY, ABSTRACT NO. 1458, THE J. DALTON SURVEY, ABSTRACT NO. 353, THE J. A. BURN SURVEY, ABSTRACT NO. 132, THE T. & P. R. R., ABSTRACT NO. 1292, THE A. C. MADDEN SURVEY, ABSTRACT NO. 851, THE I. N. HEMBREE SURVEY, ABSTRACT NO. 594, THE J. BACON SURVEY, ABSTRACT NO. 1540, THE WM. NEILL SURVEY, ABSTRACT NO. 970, THE B. B. B. & C.R.R CO. SURVEY, ABSTRACT NO. 176, THE T. E. CARRUTH SURVEY, ABSTRACT 1707, BEING A SURVEY OF PART OF THE City of Denton City Council Minutes May 23,2006 Page 2 562.8 ACRE "FIRST TRACT", A SURVEY OF THE 798.2 ACRE "SECOND TRACT", A SURVEY OF PART OF THE 640 ACRE "THIRD TRACT" DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 1931, RECORDED IN VOLUME 238, PAGE 410, A SURVEY OF PART OF THE 415 ACRE TRACT DESCRIBED IN A DEED FROM RUDY COPELAND AND WIFE, MARY A. COPELAND TO M. T. COLE, DATED SEPTEMBER 26,1933, RECORDED IN VOLUME 243, PAGE 572, BOTH DEEDS OF THE DENTON COUNTY DEED RECORDS, THE S. PAINE SURVEY, ABSTRACT NO. 1035, THE M. PAINE SURVEY, ABSTRACT NO. 1036, THE GEORGE WEST SURVEY, ABSTRACT NO. 1393, THE B. B. B. & C.R.R. CO. SURVEY, ABSTRACT NO. 176, THE E.N. OLIVER SURVEY, ABSTRACT NO. 989, THE J. T. EVANS SURVEY, ABSTRACT NO. 411, THE C. MANCHACA SURVEY, ABSTRACT NO. 789, THE G. W. PETTINGALE SURVEY, ABSTRACT NO. 1041, THE J. W. KJELLBERG SURVEY, ABSTRACT NO. 1610, BEING A SURVEY OF PART OF 1.086 ACRE TRACT DESCRIBED IN A DEED FROM MAURINE P. MYERS, ET AL TO M. T. COLE TRUST NO.1, RECORDED IN VOLUME 1018, PAGE 453, BEING A SURVEY OF PART OF THE 562.8 ACRE "FIRST TRACT" DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 1931, RECORDED IN VOLUME 238, PAGE 410, A SURVEY OF THE 640 ACRE TRACT DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED JANUARY 4,1935, RECORDED IN VOLUME 250, PAGE 121, A SURVEY OF THE 429 % ACRE TRACT DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED MARCH 28,1936, RECORDED IN VOLUME 256, PAGE 285,OF THE LIS PENDENS RECORDS OF DENTON COUNTY, TEXAS; DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0001) Montgomery motioned, Kamp seconded to adopt the ordinance on first reading. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 4. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the Regular Municipal Election to elect two City Council Members to Places 5 and 6 and to elect a Mayor to Place 7 of the City Council of the City of Denton, Texas held in the City of Denton on May 13,2006; and providing an effective date. City Secretary Walters read the final vote count into the record for each candidate. The following ordinance was cons idered: NO. 2006-149 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION TO ELECT TWO CITY COUNCIL MEMBERS TO PLACES 5 AND 6 AND TO ELECT A MA YOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE CITY OF DENTON ON MAY 13, 2006; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 5. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the Special Municipal Election to elect one City Council Member to Place 4 of the City Council of the City of Denton, Texas held in the City of Denton on May 13, 2006; and providing an effective date. City of Denton City Council Minutes May 23,2006 Page 3 City Secretary Walters read the final vote count into the record for Guy McElroy. The following ordinance was considered: NO. 2006-150 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION TO ELECT ONE CITY COUNCIL MEMBER TO PLACE 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE CITY OF DENTON ON MAY 13,2006; AND PROVIDING AN EFFECTIVE DATE Montgomery motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 6. Oath of Office administered to newly elected Council Members. City Secretary Walters administered the Oath of Office for Bob Montgomery, Place 5; Joe Mulroy, Place 6; Perry McNeill, Mayor; and Guy McElroy, District 4. 7. Election of Mayor Pro Tempore. McElroy motioned, Mulroy seconded to nominate Pete Kamp for Mayor Pro Tern. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 8. Consider approval of Resolutions of Appreciation for Council. Mayor McNeill read a Resolution of Appreciation for Euline Brock. Kamp motioned, Mulroy seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 7:10 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W ALTERS CITY SECRETARY CITY OF DENTON, TEXAS