12:00 PM
MARCH 25, 2008 CITY COUNCIL SPECIAL MEETING
MINUTES
NOTICE OF SPECIAL CALLED MEETING
RED OAK CITY COUNCIL
TUESDAY, MARCH 25, 2008
A Special Called Meeting of the Red Oak City Council was held on Tuesday, March 25, 2008 at 7:00 p.m. in the City Council Chambers of the Red Oak Municipal Center, 200 Lakeview Parkway, Red Oak, Texas, with the following members present, to wit:
City Council:
Mayor, Alan Hugley
Mayor Pro Tem, Eric Smith
Councilmember Andy Bell
Councilmember Ben Goodwyn
Councilmember Hargrove
Councilmember Scott Lindsey
Staff Present: Scott Albert, City Manager; Cynthia Olguin, City Secretary; Todd Fuller, Director of Planning; and Terry Morgan, Special Legal Counsel.
I. CALL TO ORDER:
Mayor Alan Hugley called the meeting to order at 7:00 p.m. and announced a quorum and that all notices were legally posted pursuant to Open Meetings Act.
II. INVOCATION AND PLEDGE OF ALLEGIANCE:
Councilmember Hargrove gave the invocation and led the Pledge of Allegiance.
III. CITIZEN FORUM:
No one spoke.
IV. COUNCIL BUSINESS – OPEN SESSION
A. Discussion and possible action regarding an ordinance accepting petition of Tristar Joint Venture, for inclusion of land in Red Oak ETJ and expanding Red Oak ETJ to include 2008 annexation Tract 2 (in part).
The City Secretary read the caption to Ordinance 08-13. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Smith to approve Ordinance 08-13: AN ORDINANCE PROVIDING FOR THE ACCEPTANCE AND APPROVAL OF THE PETITION OF TRISTAR JOINT VENTURE, PURSUANT TO SECTION 42.022(b) OF THE TEXAS LOCAL GOVERNMENT CODE, REQUESTING THAT THE CITY COUNCIL OF THE CITY OF RED OAK EXPAND ITS EXTRATERRITORIAL JURISDICTION TO INCLUDE PETITIONER’S PROPERTY GENERALLY COMPRISING APPROXIMATELY 113.329 ACRES MORE OR LESS SITUATED IN THE J. CONWAY SURVEY, ABSTRACT NO. 223, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; EXPANDING THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF RED OAK IN ACCORDANCE THEREWITH; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:14 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
B. Discussion and possible action regarding an ordinance accepting petition of Superstar Joint Venture, for inclusion of land in Red Oak ETJ and expanding Red Oak ETJ to include 2008 annexation Tract 3.
The City Secretary read the caption to Ordinance 08-14. Councilmember Lindsey made the motion, seconded by Councilmember Bell to approve Ordinance 08-14: AN ORDINANCE PROVIDING FOR THE ACCEPTANCE AND APPROVAL OF THE PETITION OF SUPERSTAR JOINT VENTURE, PURSUANT TO SECTION 42.022(b) OF THE TEXAS LOCAL GOVERNMENT CODE, REQUESTING THAT THE CITY COUNCIL OF THE CITY OF RED OAK EXPAND ITS EXTRATERRITORIAL JURISDICTION TO INCLUDE PETITIONER’S PROPERTY GENERALLY COMPRISING APPROXIMATELY 84.466 ACRES MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; EXPANDING THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF RED OAK IN ACCORDANCE THEREWITH; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:17 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
C. Discussion and possible action regarding an ordinance accepting petition of Nettie Wynona Jonte Haney, for inclusion of land in Red Oak ETJ and expanding Red Oak ETJ to include 2008 annexation Tract 6 (in part) and 7 (in part).
The City Secretary read the caption to Ordinance 08-15. Councilmember Bell made the motion, seconded by Councilmember Hargrove to approve Ordinance 08-15: AN ORDINANCE PROVIDING FOR THE ACCEPTANCE AND APPROVAL OF THE PETITION OF NETTIE WYNONA JONTE HANEY, PURSUANT TO SECTION 42.022(b) OF THE TEXAS LOCAL GOVERNMENT CODE, REQUESTING THAT THE CITY COUNCIL OF THE CITY OF RED OAK EXPAND ITS EXTRATERRITORIAL JURISDICTION TO INCLUDE PETITIONER’S PROPERTY GENERALLY COMPRISING APPROXIMATELY 108.92 ACRES MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; EXPANDING THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF RED OAK IN ACCORDANCE THEREWITH; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:19 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
D. Discussion and possible action regarding an ordinance accepting petition of Manasseh Phillip, for inclusion of land in Red Oak ETJ and expanding Red Oak ETJ to include 2008 annexation Tract 6 (in part) and 7 ( in part) and adjoining land.
The City Secretary read the caption to Ordinance 08-16. Mayor Pro Tem Smith made the motion, seconded by Councilmember Bell to approve Ordinance 08-16: AN ORDINANCE PROVIDING FOR THE ACCEPTANCE AND APPROVAL OF THE PETITION OF MANESSEH PHILIP PURSUANT TO SECTION 42.022(b) OF THE TEXAS LOCAL GOVERNMENT CODE, REQUESTING THAT THE CITY COUNCIL OF THE CITY OF RED OAK EXPAND ITS EXTRATERRITORIAL JURISDICTION TO INCLUDE PETITIONER’S PROPERTY GENERALLY COMPRISING APPROXIMATELY 112.050 ACRES MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; EXPANDING THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF RED OAK IN ACCORDANCE THEREWITH; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:21 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
E. Discussion and possible action regarding an ordinance annexing land to the City of Red Oak on voluntary petition of Joe Pitts, including 2008 annexation Tract 1A and 1B and adjoining land.
The City Secretary read the caption to Ordinance 08-17. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to approve Ordinance 08-17: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 24.78 ACRES MORE OR LESS SITUATED IN THE W. H. MORRIS SURVEY, ABSTRACT NO. 726, AND THE J. F. THOMAS SURVEY, ABSTRACT NO. 1092, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:23 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
F. Discussion and possible action regarding an ordinance annexing land to the City of Red Oak on voluntary petition of Billy Joe Oglesby and Helen Scott, including 2008 annexation Tracts 1C, 1D and 1E and adjoining land.
The City Secretary read the caption to Ordinance 08-18. Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve Ordinance 08-18: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 22.70 ACRES MORE OR LESS SITUATED IN THE W. H. MORRIS SURVEY, ABSTRACT NO. 726, ELLIS COUNTY, TEXAS; 103.91 ACRES MORE OR LESS SITUATED IN THE J. F. THOMAS SURVEY, ABSTRACT 1092 AND THE WILLIAM H. MORRIS SURVEY, ABSTRACT NO. 726, ELLIS COUNTY, TEXAS; AND 32.00 ACRES MORE OR LESS SITUATED IN THE M. B. REYNOLDS SURVEY, ABSTRACT NO. 916, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:26 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
G. Discussion and possible action regarding an ordinance approving non-annexation agreement with Cash Onadele of 2008 annexation Tract 1G and adjoining land.
The City Secretary read the caption to Ordinance 08-19. Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to approve Ordinance 08-19: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A NON-ANNEXATION AGREEMENT WITH CASH ONADELE, PURSUANT TO SECTION 43.035 OF THE TEXAS LOCAL GOVERNMENT CODE, FOR PROPERTY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 57.627 ACRES GROSS (48.911 ACRES NET) MORE OR LESS SITUATED IN THE W. H. MORRIS SURVEY, ABSTRACT NO. 726, AND THE J. F. THOMAS SURVEY, ABSTRACT NO. 1092, ELLIS COUNTY, TEXAS, SAVE AND EXCEPT THE 8.716 ACRES INCLUDED IN ANNEXATION ORDINANCE 01-37; DESCRIBING THE AREA INCLUDED IN THE NON-ANNEXATION AGREEMENT; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:27 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
H. Discussion and possible action regarding an ordinance annexing land to the City of Red Oak on voluntary petition of Tristar Joint Venture, including 2008 annexation Tract 2 (in part).
The City Secretary read the caption to Ordinance 08-20. Councilmember Bell made the motion, seconded by Councilmember Hargrove to approve Ordinance 08-20: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 113.329 ACRES MORE OR LESS SITUATED IN THE J. CONWAY SURVEY, ABSTRACT NO. 223, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:29 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
I. Discussion and possible action regarding an ordinance approving non-annexation agreement with owner Estate of Rubye P. Sullivan, including 2008 annexation Tract 2 (in part).
The City Secretary read the caption to Ordinance 08-21. Mayor Pro Tem Smith made the motion, seconded by Councilmember Bell to approve Ordinance 08-21: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A NON-ANNEXATION AGREEMENT WITH ESTATE OF RUBYE P. SULLIVAN, PURSUANT TO SECTION 43.035 OF THE TEXAS LOCAL GOVERNMENT CODE, FOR PROPERTY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 84.878 ACRES GROSS (63.70 NET) MORE OR LESS SITUATED IN THE J. CONWAY SURVEY, ABSTRACT NO. 223, ELLIS COUNTY, TEXAS, SAVE AND EXCEPT THE 21.178 ACRES INCLUDED IN ANNEXATION ORDINANCE 05-17; DESCRIBING THE AREA INCLUDED IN THE NON-ANNEXATION AGREEMENT; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:31 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
J. Discussion and possible action regarding an ordinance annexing land to the City of Red Oak on voluntary petition of Superstar Joint Venture, including 2008 annexation Tract 3.
The City Secretary read the caption to Ordinance 08-22. Councilmember Goodwyn made the motion, seconded by Mayo Pro Tem Smith to approve Ordinance 08-22: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 84.466 ACRES MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:32 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
K. Discussion and possible action regarding an ordinance annexing land to the City of Red Oak on voluntary petition of Nettie Wynona Jonte Haney, including 2008 annexation Tract 6 (in part) and 7 ( in part).
The City Secretary read the caption to Ordinance 08-23. Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve Ordinance 08-23: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 108.92 ACRES MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:34 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
L. Discussion and possible action regarding an ordinance approving non-annexation agreement with Manasseh Phillip, including 2008 annexation Tract 6 (in part) and 7 (in part) and adjoining land.
The City Secretary read the caption to Ordinance 08-24. Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve Ordinance 08-24: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A NON-ANNEXATION AGREEMENT WITH MANASSEH PHILIP, PURSUANT TO SECTION 43.035 OF THE TEXAS LOCAL GOVERNMENT CODE, FOR PROPERTY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 112.050 ACRES GROSS (89.4280 NET) MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, SAVE AND EXCEPT A 21.965 ACRE TRACT INCLUDED IN ANNEXATION ORDINANCE 05-18 AND A 0.657 ACRE TRACT OF LAND; DESCRIBING THE AREA INCLUDED IN THE NON-ANNEXATION AGREEMENT; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:36 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
M. Discussion and possible action regarding an ordinance annexing a strip of land to the City of Red Oak on voluntary petition of Manasseh Phillip including 2008 annexation Tract 6 (in part) and 7 (in part) and adjoining land.
The City Secretary read the caption to Ordinance 08-25. Councilmember Bell made the motion, seconded by Councilmember Hargrove to approve Ordinance 08-25: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY A 5-FOOT WIDE STRIP OF LAND MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:37 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
V. EXECUTIVE SESSION
Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, the City Council for the City of Red Oak reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections §551.071 (Consultation with Attorney).
The City Council will convene in Executive Session pursuant to 551.071 to seek advice from special legal counsel on the following:
A. To receive advice concerning the Palmer Action Group et al vs. City of Red Oak, County Ellis Cause No. 69600, and City of Red Oak v. City of Ferris, County Ellis Cause No. 74003.
Mayor Hugley moved into Executive Session at 7:26 p.m.
VI. OPEN SESSION:
N. Consideration of approving any action as a result of discussion in Executive Session A.
Mayor Hugley reconvened into Open Session at 8:08 p.m. Councilmember Bell made the motion to ratify the compromise settlement agreement and boundary agreement with the City of Ferris as executed by the parties’ represented. The motion was seconded by Councilmember Hargrove. The motion carried 5-0 with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
Councilmember Bell made the motion to authorize the Mayor to execute a Memorandum of Understanding with 1) City of Palmer and 2) PCAG and the individual property owners and plaintiffs in current litigation and direct special legal counsel to prepare settlement documents and to authorize the Mayor and Council to negotiate the terms of settlement agreements between the parties for presentation to and approval of the city council as soon as possible. The motion was seconded by Councilmember Goodwyn. The motion carried 5-0 with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
VII. ADJOURNMENT:
Councilmember Goodwyn made a motion to adjourn, seconded by Councilmember Bell. The motion carried 5-0. The meeting adjourned at 8:11 p.m.
Approved: _____________________
Alan Hugley, Mayor
Attest: ________________________
Cynthia Olguin, City Secretary
MINUTES
NOTICE OF SPECIAL CALLED MEETING
RED OAK CITY COUNCIL
TUESDAY, MARCH 25, 2008
A Special Called Meeting of the Red Oak City Council was held on Tuesday, March 25, 2008 at 7:00 p.m. in the City Council Chambers of the Red Oak Municipal Center, 200 Lakeview Parkway, Red Oak, Texas, with the following members present, to wit:
City Council:
Mayor, Alan Hugley
Mayor Pro Tem, Eric Smith
Councilmember Andy Bell
Councilmember Ben Goodwyn
Councilmember Hargrove
Councilmember Scott Lindsey
Staff Present: Scott Albert, City Manager; Cynthia Olguin, City Secretary; Todd Fuller, Director of Planning; and Terry Morgan, Special Legal Counsel.
I. CALL TO ORDER:
Mayor Alan Hugley called the meeting to order at 7:00 p.m. and announced a quorum and that all notices were legally posted pursuant to Open Meetings Act.
II. INVOCATION AND PLEDGE OF ALLEGIANCE:
Councilmember Hargrove gave the invocation and led the Pledge of Allegiance.
III. CITIZEN FORUM:
No one spoke.
IV. COUNCIL BUSINESS – OPEN SESSION
A. Discussion and possible action regarding an ordinance accepting petition of Tristar Joint Venture, for inclusion of land in Red Oak ETJ and expanding Red Oak ETJ to include 2008 annexation Tract 2 (in part).
The City Secretary read the caption to Ordinance 08-13. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Smith to approve Ordinance 08-13: AN ORDINANCE PROVIDING FOR THE ACCEPTANCE AND APPROVAL OF THE PETITION OF TRISTAR JOINT VENTURE, PURSUANT TO SECTION 42.022(b) OF THE TEXAS LOCAL GOVERNMENT CODE, REQUESTING THAT THE CITY COUNCIL OF THE CITY OF RED OAK EXPAND ITS EXTRATERRITORIAL JURISDICTION TO INCLUDE PETITIONER’S PROPERTY GENERALLY COMPRISING APPROXIMATELY 113.329 ACRES MORE OR LESS SITUATED IN THE J. CONWAY SURVEY, ABSTRACT NO. 223, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; EXPANDING THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF RED OAK IN ACCORDANCE THEREWITH; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:14 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
B. Discussion and possible action regarding an ordinance accepting petition of Superstar Joint Venture, for inclusion of land in Red Oak ETJ and expanding Red Oak ETJ to include 2008 annexation Tract 3.
The City Secretary read the caption to Ordinance 08-14. Councilmember Lindsey made the motion, seconded by Councilmember Bell to approve Ordinance 08-14: AN ORDINANCE PROVIDING FOR THE ACCEPTANCE AND APPROVAL OF THE PETITION OF SUPERSTAR JOINT VENTURE, PURSUANT TO SECTION 42.022(b) OF THE TEXAS LOCAL GOVERNMENT CODE, REQUESTING THAT THE CITY COUNCIL OF THE CITY OF RED OAK EXPAND ITS EXTRATERRITORIAL JURISDICTION TO INCLUDE PETITIONER’S PROPERTY GENERALLY COMPRISING APPROXIMATELY 84.466 ACRES MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; EXPANDING THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF RED OAK IN ACCORDANCE THEREWITH; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:17 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
C. Discussion and possible action regarding an ordinance accepting petition of Nettie Wynona Jonte Haney, for inclusion of land in Red Oak ETJ and expanding Red Oak ETJ to include 2008 annexation Tract 6 (in part) and 7 (in part).
The City Secretary read the caption to Ordinance 08-15. Councilmember Bell made the motion, seconded by Councilmember Hargrove to approve Ordinance 08-15: AN ORDINANCE PROVIDING FOR THE ACCEPTANCE AND APPROVAL OF THE PETITION OF NETTIE WYNONA JONTE HANEY, PURSUANT TO SECTION 42.022(b) OF THE TEXAS LOCAL GOVERNMENT CODE, REQUESTING THAT THE CITY COUNCIL OF THE CITY OF RED OAK EXPAND ITS EXTRATERRITORIAL JURISDICTION TO INCLUDE PETITIONER’S PROPERTY GENERALLY COMPRISING APPROXIMATELY 108.92 ACRES MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; EXPANDING THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF RED OAK IN ACCORDANCE THEREWITH; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:19 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
D. Discussion and possible action regarding an ordinance accepting petition of Manasseh Phillip, for inclusion of land in Red Oak ETJ and expanding Red Oak ETJ to include 2008 annexation Tract 6 (in part) and 7 ( in part) and adjoining land.
The City Secretary read the caption to Ordinance 08-16. Mayor Pro Tem Smith made the motion, seconded by Councilmember Bell to approve Ordinance 08-16: AN ORDINANCE PROVIDING FOR THE ACCEPTANCE AND APPROVAL OF THE PETITION OF MANESSEH PHILIP PURSUANT TO SECTION 42.022(b) OF THE TEXAS LOCAL GOVERNMENT CODE, REQUESTING THAT THE CITY COUNCIL OF THE CITY OF RED OAK EXPAND ITS EXTRATERRITORIAL JURISDICTION TO INCLUDE PETITIONER’S PROPERTY GENERALLY COMPRISING APPROXIMATELY 112.050 ACRES MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; EXPANDING THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF RED OAK IN ACCORDANCE THEREWITH; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:21 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
E. Discussion and possible action regarding an ordinance annexing land to the City of Red Oak on voluntary petition of Joe Pitts, including 2008 annexation Tract 1A and 1B and adjoining land.
The City Secretary read the caption to Ordinance 08-17. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to approve Ordinance 08-17: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 24.78 ACRES MORE OR LESS SITUATED IN THE W. H. MORRIS SURVEY, ABSTRACT NO. 726, AND THE J. F. THOMAS SURVEY, ABSTRACT NO. 1092, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:23 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
F. Discussion and possible action regarding an ordinance annexing land to the City of Red Oak on voluntary petition of Billy Joe Oglesby and Helen Scott, including 2008 annexation Tracts 1C, 1D and 1E and adjoining land.
The City Secretary read the caption to Ordinance 08-18. Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve Ordinance 08-18: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 22.70 ACRES MORE OR LESS SITUATED IN THE W. H. MORRIS SURVEY, ABSTRACT NO. 726, ELLIS COUNTY, TEXAS; 103.91 ACRES MORE OR LESS SITUATED IN THE J. F. THOMAS SURVEY, ABSTRACT 1092 AND THE WILLIAM H. MORRIS SURVEY, ABSTRACT NO. 726, ELLIS COUNTY, TEXAS; AND 32.00 ACRES MORE OR LESS SITUATED IN THE M. B. REYNOLDS SURVEY, ABSTRACT NO. 916, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:26 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
G. Discussion and possible action regarding an ordinance approving non-annexation agreement with Cash Onadele of 2008 annexation Tract 1G and adjoining land.
The City Secretary read the caption to Ordinance 08-19. Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to approve Ordinance 08-19: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A NON-ANNEXATION AGREEMENT WITH CASH ONADELE, PURSUANT TO SECTION 43.035 OF THE TEXAS LOCAL GOVERNMENT CODE, FOR PROPERTY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 57.627 ACRES GROSS (48.911 ACRES NET) MORE OR LESS SITUATED IN THE W. H. MORRIS SURVEY, ABSTRACT NO. 726, AND THE J. F. THOMAS SURVEY, ABSTRACT NO. 1092, ELLIS COUNTY, TEXAS, SAVE AND EXCEPT THE 8.716 ACRES INCLUDED IN ANNEXATION ORDINANCE 01-37; DESCRIBING THE AREA INCLUDED IN THE NON-ANNEXATION AGREEMENT; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:27 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
H. Discussion and possible action regarding an ordinance annexing land to the City of Red Oak on voluntary petition of Tristar Joint Venture, including 2008 annexation Tract 2 (in part).
The City Secretary read the caption to Ordinance 08-20. Councilmember Bell made the motion, seconded by Councilmember Hargrove to approve Ordinance 08-20: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 113.329 ACRES MORE OR LESS SITUATED IN THE J. CONWAY SURVEY, ABSTRACT NO. 223, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:29 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
I. Discussion and possible action regarding an ordinance approving non-annexation agreement with owner Estate of Rubye P. Sullivan, including 2008 annexation Tract 2 (in part).
The City Secretary read the caption to Ordinance 08-21. Mayor Pro Tem Smith made the motion, seconded by Councilmember Bell to approve Ordinance 08-21: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A NON-ANNEXATION AGREEMENT WITH ESTATE OF RUBYE P. SULLIVAN, PURSUANT TO SECTION 43.035 OF THE TEXAS LOCAL GOVERNMENT CODE, FOR PROPERTY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 84.878 ACRES GROSS (63.70 NET) MORE OR LESS SITUATED IN THE J. CONWAY SURVEY, ABSTRACT NO. 223, ELLIS COUNTY, TEXAS, SAVE AND EXCEPT THE 21.178 ACRES INCLUDED IN ANNEXATION ORDINANCE 05-17; DESCRIBING THE AREA INCLUDED IN THE NON-ANNEXATION AGREEMENT; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:31 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
J. Discussion and possible action regarding an ordinance annexing land to the City of Red Oak on voluntary petition of Superstar Joint Venture, including 2008 annexation Tract 3.
The City Secretary read the caption to Ordinance 08-22. Councilmember Goodwyn made the motion, seconded by Mayo Pro Tem Smith to approve Ordinance 08-22: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 84.466 ACRES MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:32 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
K. Discussion and possible action regarding an ordinance annexing land to the City of Red Oak on voluntary petition of Nettie Wynona Jonte Haney, including 2008 annexation Tract 6 (in part) and 7 ( in part).
The City Secretary read the caption to Ordinance 08-23. Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve Ordinance 08-23: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 108.92 ACRES MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:34 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
L. Discussion and possible action regarding an ordinance approving non-annexation agreement with Manasseh Phillip, including 2008 annexation Tract 6 (in part) and 7 (in part) and adjoining land.
The City Secretary read the caption to Ordinance 08-24. Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve Ordinance 08-24: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A NON-ANNEXATION AGREEMENT WITH MANASSEH PHILIP, PURSUANT TO SECTION 43.035 OF THE TEXAS LOCAL GOVERNMENT CODE, FOR PROPERTY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY 112.050 ACRES GROSS (89.4280 NET) MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, SAVE AND EXCEPT A 21.965 ACRE TRACT INCLUDED IN ANNEXATION ORDINANCE 05-18 AND A 0.657 ACRE TRACT OF LAND; DESCRIBING THE AREA INCLUDED IN THE NON-ANNEXATION AGREEMENT; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:36 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
M. Discussion and possible action regarding an ordinance annexing a strip of land to the City of Red Oak on voluntary petition of Manasseh Phillip including 2008 annexation Tract 6 (in part) and 7 (in part) and adjoining land.
The City Secretary read the caption to Ordinance 08-25. Councilmember Bell made the motion, seconded by Councilmember Hargrove to approve Ordinance 08-25: AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RED OAK OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW AND COMPRISING APPROXIMATELY A 5-FOOT WIDE STRIP OF LAND MORE OR LESS SITUATED IN THE LUCY VAUGHN SURVEY, ABSTRACT NO. 1103, ELLIS COUNTY, TEXAS, FOR ALL MUNICIPAL PURPOSES; PROSCRIBING RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA; AMENDING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF RED OAK; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 5 – 0 at 7:37 p.m. with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
V. EXECUTIVE SESSION
Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, the City Council for the City of Red Oak reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections §551.071 (Consultation with Attorney).
The City Council will convene in Executive Session pursuant to 551.071 to seek advice from special legal counsel on the following:
A. To receive advice concerning the Palmer Action Group et al vs. City of Red Oak, County Ellis Cause No. 69600, and City of Red Oak v. City of Ferris, County Ellis Cause No. 74003.
Mayor Hugley moved into Executive Session at 7:26 p.m.
VI. OPEN SESSION:
N. Consideration of approving any action as a result of discussion in Executive Session A.
Mayor Hugley reconvened into Open Session at 8:08 p.m. Councilmember Bell made the motion to ratify the compromise settlement agreement and boundary agreement with the City of Ferris as executed by the parties’ represented. The motion was seconded by Councilmember Hargrove. The motion carried 5-0 with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
Councilmember Bell made the motion to authorize the Mayor to execute a Memorandum of Understanding with 1) City of Palmer and 2) PCAG and the individual property owners and plaintiffs in current litigation and direct special legal counsel to prepare settlement documents and to authorize the Mayor and Council to negotiate the terms of settlement agreements between the parties for presentation to and approval of the city council as soon as possible. The motion was seconded by Councilmember Goodwyn. The motion carried 5-0 with Mayor Pro Tem Smith and Councilmembers Bell, Goodwyn, Hargrove and Lindsey in favor.
VII. ADJOURNMENT:
Councilmember Goodwyn made a motion to adjourn, seconded by Councilmember Bell. The motion carried 5-0. The meeting adjourned at 8:11 p.m.
Approved: _____________________
Alan Hugley, Mayor
Attest: ________________________
Cynthia Olguin, City Secretary
