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12/11/1995-CC-Minutes-RegularMINUTES: Clty Council December 11, 1995 PRESENT: Mayor Nel Armstrong, Councilwoman Margie Braxton, Councilman Glenn Ervin, Councilman Jack Richardson, Councilman Joe Bell, Councilman OTHERS PRESENT: City Secretary Rosalie Chavez, Electric Superintendent Larry Yoast, Public Works Superintendent Chuck Tucker 1. Mayor Armstrong Called Meeting to Order, led Invocation and Pledge of Allegiance. CONSENT AGENDA a) Approve Minutes b) Disbursements 1) XIT - $66,520.58 Motion was made by Councilman Bell to approve Consent Agenda. Seconded by Councilman Kincaid. Motion Carried 4-0 with 1 no vote (Councilman Richardson) 2. Consider and Passible Action Regarding Adoption of Ordinance No.17-95 Providing for the Annexation of Abstract 1241, H. Tierwester Survey, Abstract 1024, R. Prather Survey, being all of the 1.001 acres located on Duck Creek Road and Service Plan. Motion was made by Councilman Richardson to approve Ordinance No. 17-95 providing for the Annexation of Abstract 1241, H. Tierwester Survey, Abstract 1024, R. Prather Survey, being all of the 1.001 acres located on Duck Creek Road and Service Plan. Seconded by Councilman Ervin. i :1 1 1 11 .I :1 1•' 1 1 1 11 1 1 1 F 11 C1 1' 1 1: 1 '' /' :11 :1 1 1 1 1 1 • 11 '' 1' 1 1 1 C 1 11 " 1' 1 :1 0 1 1 1 1 01 ' 1: 1 1 1 11 1: 1 01 1 1' 1 I 1 11 Motion amended to include Service Plan. Seconded by Councilman Ervin. Motion Carried unanimously. 3. Presentation of donation from Evening Lions Club. Public Works Superintendent Chuck Tucker, representing the Evening Lions Club, presented a donation of $5,000 from the proceeds of the Halloween Spook House to be used for the new Ball Park. Chuck gave a brief summary on the progress at the Ball Park. Mayor Armstrong gave thanks and appreciation on behalf of City Council and City to the Evening Lions Club's generous donation. 4. Consider and Possible Action Regarding Removal of Underground Storage Tank at the corner of Sth and Cherry. Mayor Armstrong gave a brief up to date report concerning her conversation with Ron Sharber at TNRCC. Mr. Sharber indicated to the Mayor that when he had been up in Sanger he had located the tank and from his observation he did not feel there was any pollution. He advised that if the City proceeded to remove the tank before the first of the year it could save the City Permit Fees. He had given the CC MINUTES PAGE 2 - 12/11/95 mayor two companies that the City could contact for possible bids, one was in Gainesville, the other in Krum. The business in Gainesville has gone out of business, and the other company in Krum, Nor -Tex, submitted a bid for $2,500.00. Discussed. Motion was made by Councilman Kincaid to hire Nor -Tex Pump Co in Krum to remove the underground tank located at the northeast corner of 5th and Cherry. Seconded by Councilwoman Braxton. Motion Carried unanimously. 5. Executive Session pursuant to the Open Meetings Law, Chapter 551, Govt. Code, Vernon's Texas Codes Annotated, in accordance with the authority contained in Govt. Code Section 551.072 to discuss Real Estate Transactions. Mayor Armstrong convened Council into Executive Session at 7:19 p.m. 6. Reconvene into Regular Session and Consider Appropriate Action, if any, as a result of items discussed in Executive Session. Mayor Armstrong reconvened Council from Executive Session at 7:31 p.m. Mayor Armstrong indicated Council discussed purchase of railroad property that the City is presently leasing. Councilman Richardson made the motion to authorize the Mayor to�negotiate and purchase the property the City refers to as the Police Impound Lot (legally described as .09 Acres and 5.06 Acres in Abstract 29 Tract 189 _consisting of 41.1671 total acreage) from Atchison, Topeka and Santa Fe Railway with a minimum of $30,000.00 and a maximum of $40,000.00. Seconded by Glenn Ervin. Discussed. Motion Carried unanimously. 7. Any Other Such Matter. (1) Mayor Armstrong reported Well #6 is down and still down. Chuck Tucker reported that he had spoken with Madewell Pump Co. and he pulled the well (pump and motor) and has encountered some problem getting them tested and he is planning to take it to Dallas to see if its the motor or pump. At this point we have to wait. Mayor Armstrong indicated Well #6 is the new one on Cemetery (McReynolds) Road, #5 is on Acker, #4 is capped, #3 and #2 are at the yard and #1 is Saute Fe Well. Chuck also reported the problem encountered Saturday was caused by the sensors freezing and it would not indicate for the pumps to come in. One of the heaters that keeps the sensors from freezing was not plugged up. (2) Mayor Armstrong gave a brief report concerning Mr. Murphy's property. She advised that Mr. Nichols, City Attorney, advised that the City could not pursue this matter until Bolivar agrees and that the City could not offer tax abatements. Mayor did advise that it appears that the City can not pursue this until after Bolivar has their Directors meeting in January. Mayor Armstrong did advise Council that if there was not a problem she would like to contact Mr. Murphy regarding the situation. CC MINUTES PAGE 3 - 12/11/95 (5) Mayor Armstrong reminded Chuck Tucker that the Cat and Dog Ordinance goes into effect January 1. The Mayor advised Chuck to proceed with getting the walls on the building for the pound. Councilman Ervin did advise he also had a freezer that the City could use for the dead carcasses. i 8. Adjournment. ATTEST Rosalie Chavez, City