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11/03/1993, Special Meeting MinutesPage 2048 MINUTES OF KENNEDALE CITY COUNCIL SPECIAL MEETING - NOVEMBER 3, 1993 100 E. BROADWAY ST. - COMMUNITY CENTER 7:00 PM Mayor Abbott called the meeting to order at 7:15 p.m. Members present were Mayor Abbott, Mark Wright, Robert Mundy, Pete Kirkpatrick, Tom Boone and Ron Kovach. Staff in attendance were Ted Rowe and Kathy Turner. Also present was Ms. Betsy Elam with Fielding, Barrett & Taylor, L.L.P. ITEM NO. 1 - Accept Petition for Annexation. Mayor Abbott explained that this annexation was petitioned by FWT, Inc. (Tommy Moore) . Ms. Elam stated there were two one acre tracts that were within one half mile of the city limits and are contiguous to the city. Ms. Elam said the annexation would be conducted under L.G.C. Section 43.028 which allows the city to annex property without residence or less than three qualified resident voters, and is accomplished by the petition. The city is required to hold two public hearings which must be held between forty and twenty days prior to the acception of the proceedings, and staff needs to develop a service plan which will be available for examination during the hearing. Councilman Boone moved to accept the petition for annexation by FWT, Inc., seconded by Councilman Mundy. Motion carried unanimously. ITEM NO. 2 - Accept Petition for Annexation. Mr. Rowe advised council that the property was located southeast of Kennedale on Swiney Hiett Road. Ms. Elam stated this annexation was being conducted under L.G.C. Section 43.024 which allows a general law city to annex upon a vote of more than 50 percent of residents of the area which are residents. It is permitted if it is in our ETJ, is contiguous to the city, and if it is not more than half a mile from the city limits. Two public hearings are required between forty and twenty days prior to the acception of the proceedings, and staff needs to develop a service plan which will be available for examination during the hearings. Councilman Mundy questioned the percentage of voters on the petition? Mr. Rowe replied legally there were more than 51 percent. Mr. Rowe also said in rough figures about 66 percent. Councilman Kovach moved to accept the petition for annexation, seconded by Councilman Wright. Motion carried without opposition. ITEM NO. 3 - General Discussion. There being no further discussion, Mayor Abbott adjourned into executive session at 7:30 p.m. Page 2049 EXECUTIVE SESSION ITEM NO. 4 - Consultation with Attorney, Section 551.071 RECONVENE INTO OPEN SESSION Mayor Abbott reconvened into open session at 8:05 p.m. ITEM NO. 5 - Action on Executive Session if Necessary. Mayor Abbott certified the affidavits for petition for annexation per L.G.C., Section 43.024 and Section 43.028, and directed that a service plan be prepared and ready for review during the public hearings. Councilman Mundy moved to schedule two public hearings on November 15, 1993, and November 18, 1993 at 7:00 p.m. Seconded by Councilman Kirkpatrick. Motion carried without opposition. There being no further discussion, Mayor Abbott adjourned the meeting at 8:07 p.m. APPROVED: f b/e•~~ Mayor Bill Abbott ATTEST: ~.~ l Kathy Tu ner, City Secretary i ~_