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CM 1968-09-03 TATE OF TEXAS COUNTY OF DALLAS September 3, 1968, the Council of the City of Coppell, Texas, met in regular session. Those present: W. T. Cozby, Mayor W. H. Wilson, Councilman John Dobecka, Councilman Jim McGiboney, Councilman Thomas Sisk, Councilman C. L. Plumlee, Jr., Councilman Motion was made to pass the resolution for the budget hearing, 1968-69, set for September 16, 1968. Motion was made by W. H. Wilson and seconded by John Dobecka. Vote carried unanimously. Harry Gaston appeared before the Council inquiring as to the re- quirements of trailer parks and the possibility of sewer facilities to his property. Bills presented were: Coppell Superette $ 3.37 ~ 70 North Lake Service Station 20.19 Tho mpso n-Hayward 12.00 Carrollton Automotive 19.59 Jim McGiboney made motion that bills be paid as presented and motion was seconded by C. L. Plumlee, Jr. Motion was unanimous. Meeting adjourned. PASSED AND APPROVED, THIS 3rd DAY OF September , 1968 --- W.T. Cozby ATTEST: E. C. Gentry, Secretary Passed and approved, this day of , 1968. RESOLUTION OF THE CITY OF COPPELL, TEXAS WHEREAS, the Mayor of the City of Coppell, Texas, has heretofore on the 28th day of AuGust , 1968, filed with the City Secretary a General Budget for the City of Coppell, Texas, covering the fiscal year Octoberl, 1968, through September 30, 1969; and, WHEREAS, the governing body of the City of Coppell, Texas, desires to provide for a public hearing on such budget; and, WHEREAS, the following resolution was submitted to the governing body of the City of Coppell, Texas, for its con- sideration, NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the City Council of the City of Coppell, Texas, finds that the Mayor has filed on the 28th day of Auqust, 1968, with the City Secretary, a General Budget for the City of Coppell, Texas for the fiscal year October 1, 1968 through September 30, 1969. Section 2. That in order to provide for a public hearing on such budget, the City Council of the City of Coppell, Texas, hereby declares that said hearing shall take place on the 16th day of SeDtember , 1968 at 7:30 o'clock, P.M. The place of said hearing will be the City Hall in Coppell, Texas. Section 3. That public notice of the hour, date and place of such hearing shall be made public by posting a copy of this resolution in three public places in the City, one of which shall be the City Hall, and the publication of this resolution in one issue of the official newspaper. DULY PASSED at a regular meeting of the City Council of the City of Coppell, Texas on the 3rd day of September , 1968, with John R. Dobecka , Jim McGiboneV , Thomas Sisk , C. L.. Plumlee, and W. H. Wilson , voting f'or such resolution and none voting against such resolution. Mayor-W. T. Cozby ATTEST: ' City Secretary-E. C. Gentry MINUTES FOR A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, HELD ON THE 3rd DAY OF September , 1968 The City Council of the City of Coppell, Texas, met on the 3rd day of September , 1968, in a Special called meeting with the following members present, to-wit: Mayor W. T. Cozby , Councilmen, John Dobecka, C.J. Plumlee, Thomas Sisk and Jim McGiboney , and absent: Those present constituting a quorum, Mayor Cozby opened the meeting and stated that the meeting had been specially called to discuss lawsuit No. 68-7315, 95th Judicial District Court, Dallas County, Texas, styled Jackie D. Smith, et al v. City of Coppell, Texas and Bill Cozby, Mayor. Mayor Cozby stated that this suit had been filed by Jackie D. Smith, Edgar W. Hughes, James H. Rutherford, Dustin H. Batson, Sam E. Barber, J. H. Gilchrist and Mrs. Ivory Hughes seeking to restrain the City from constructing and maintaining a sewage lift station in the street right of way of Oak Grove Street in the Irby Addition of the City of Coppell. Mayor Cozby stated that these parties had obtained a Temporary Injunction which was obtained without notice to the City of Coppell and that a hearing on the matter was set for September 3, 1968. Mayor Cozby stated that he had contacted the City Attorney, Mr. Lawrence W. Jackson in regard to the City's position in this matter and that he was advised by Mr. Jackson that the attorney's office was of the opinion that the parties were not entitled under the law to an Injunction and that the Court would not grant an extension of the Injunction after September 3, 1968. Mayor Cozby further stated that Mr. Jackson had been contacted by the parties' attorney of record, Mr. Fred D. Moore to discuss efforts of settling the matter prior to the hearing on September 3rd. Mayor Cozby stated that the attorney's office had advised him that these settlement negotiations had resulted in a decision on the part of the Plaintiffs to dismiss their suit and temporary restraining Order so as to allow construction of the project to continue as planned provided the City Council would make an expression as to their willingness to take whatever action is reasonable and feasible to correct any odor problem which might later arise as a result of the pump station. Mayor Cozby stated that previous talks in this regard, whichwre undertaken prior to the filing of the suit, had proved fruitless by reason of the fact that the parties had demanded that the City guarantee to correct all problems which might arise as a result of the pump station and that the City Council could not, of course, make such commitment which would be binding on all future Councils. Mayor Cozby stated that the most recent request by these parties would certainly be in line with what the City would want to do, that is to take whatever action would be reasonable and feasible under the circumstances then existing to correct any problem of odor which might be created by the lift station and that in view of this, he felt that the City should make this ex- pression so that this matter could be terminated on a friendly basis rather than by Court Order. That in view of this, he would recommend that the City Council adopt by a majority vote as its expression on the subject: "That the City Council of the City of Coppall, knowing well that they cannot, under the law, take action which would be legally binding upon future Councils, expresses its desire and intention to take whatever action is reasonable and feasible under the circumstances to correct any odor problem which might in the future arise resulting from the construction of the sewer lift station which is to be constructed in the right of way of Oak Grove Street in the Irby Addition of the City." MOtion was duly made, seconded and carried to adopt the above stated expression of intent on the part of the City Council. There being no further business to come before the Council, motion was duly made, seconded and carried that the meeting be adjourned. W. T. Cozby, E. C. Gentry, City Sec. ~'~