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Minutes 

REGULAR CITY COUNCIL MEETING

APRIL 2, 2002

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, April 2, 2002 in the City Council Chambers at 5:30 P.M. with the following members present:

COUNCILMEMBER #1 HENRY C. MADGWICK
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 RICK CARMONA

1. Call to Order.

Mayor Henry Madgwick called the meeting to order.

2. Invocation.

Reverend Chuck Schorlemmer gave the opening prayer.

3. Award Recognition - Retirement of Darrell Belew.

Mayor Henry Madgwick presented a plaque to Darrell Belew upon his retirement from the City.

4. Special Presentation - Environmental Awareness Month Proclamation.

Mayor Henry Madgwick presented a Proclamation regarding Environmental Awareness Month.

5. Consider Approval of City Council Regular Meeting Minutes of March 19, 2002 and Special City Council Meeting Minutes of March 26, 2002.

Councilmember Lee Schaeffer made a motion to approve the City Council Regular Meeting Minutes of March 19, 2002 and Special City Council Meeting Minutes of March 26, 2002. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

6. Discuss and Consider Proposal for Dunkin Sims Stoffels, Inc. for a Parks, Recreation and Open Space Master Plan and a Park Dedication Ordinance.

Steve Rogers, Director of Public Works and Dennis Simms representing Dunkin Sims Stoffels, Inc. presented to Council for discussion and consideration Proposal for Dunkin Sims Stoffels, Inc. for a Parks, Recreation and Open Space Master Plan and a Park Dedication Ordinance. Mayor Henry Madgwick made a motion to approve the Proposal for Dunkin Sims Stoffels, Inc. for a Parks, Recreation and Open Space Master Plan and a Park Dedication Ordinance. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

7. Discuss and Consider Resolution No. 431 - Authorizing and Approving an Amendment to a Texas Department of Agriculture/Texas Capital Funds Contract.

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 431 - Authorizing and Approving an Amendment to a Texas Department of Agriculture/Texas Capital Funds Contract. Mayor Pro tem Frances Anderson made a motion to approve Resolution No. 431 - Authorizing and Approving an Amendment to a Texas Department of Agriculture/Texas Capital Funds Contract. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

8. Discuss Amending Tourism Ordinance to Redefine Duties and Responsibilities of the Tourism Board.

City Manager Gordon Pierce presented to Council for discussion Amending Tourism Ordinance to Redefine Duties and Responsibilities of the Tourism Board. Mayor Henry Madgwick made a motion to table this item to a special workshop. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

9. Discuss and Consider Appointments to the Terrell Municipal Airport Board.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Terrell Municipal Airport Board. Mayor Henry Madgwick made a motion to re-appoint Alene Esposito and Norman Huneycutt to the Airport Board and place this item on the next regular agenda for two more appointments. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

10. Discuss and Consider Cancellation of Election for Unopposed Candidate.

City Manager Gordon Pierce presented to Council for discussion and consideration Cancellation of Election for Unopposed Candidate. Councilmember Tommy Spencer made a motion to deny Cancellation of Election for Unopposed Candidate. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

11. Discuss and Consider Approval of Ordinance No. 2111 - Amending Appointed Officers of the General Election May 4, 2002.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2111 - Amending Appointed Officers of the General Election May 4, 2002. Councilmember Rick Carmona made a motion to approve Ordinance No. 2111 - Amending Appointed Officers of the General Election May 4, 2002. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2111

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPOINTED OFFICERS OF THE MAY 4, 2002 GENERAL ELECTION IN THEIR RESPECTIVE PRECINCTS.


12. Discuss and Consider Proposals to Outsource Meter Reading.

City Manager Gordon Pierce and City Secretary/Finance Director John Rounsavall presented to Council for discussion and consideration Proposals to Outsource Meter Reading. Mayor Pro tem Frances Anderson made a motion to approve a six (6) month trial period with Severn Trent for Outsourcing Meter Reading. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.


6 Months 1 Year 3 Year Conversion Current Est. Cost Saving Est. Cost Saving Est. Cost Saving
Trial Contract Contract Required Cost 6 Mo. Trial 6 Mo. Trial 1 Year 1 Year 3 Year 3 Year

Paradise Gardens 0.70 0.65 0.65 N $7,680.00 $3,360.00 $4,320.00 $3,120.00 $4,560.00 $3,120.00 $4,560.00
Georgie Poteet $0.95 $0.90 $0.85 N $7,680.00 $4,560.00 $3,120.00 $4,320.00 $3,360.00 $4,080.00 $3,600.00
SevernTrent $1.50 $1.00 $0.90 N $7,680.00 $7,200.00 $480.00 $4,800.00 $2,880.00 $4,320.00 $3,360.00
AquaSource $2.50 $2.00 $1.75 Y $7,680.00 $12,000.00 ($4,320.00) $9,600.00 -$1,920.00 $8,400.00 -$720.00


Paradise Gardens Small Business Owner No experience
Georgie Poteet Small Business Owner No experience
SevernTrent Experienced Company Multiple Accounts
Aqua Source Experienced Company Multiple Accounts

13. Discuss and Consider Approval of Ordinance No. 2107 - Amending Chapter 8, Offenses and Nuisances, Section 6: Advertising; Providing for Repeal of Conflicting Ordinances; Providing for Severability; and Providing an Effective Date.

City Secretary/Finance Director John Rounsavall presented to Council for discussion and consideration Ordinance No. 2107 - Amending Chapter 8, Offenses and Nuisances, Section 6: Advertising; Providing for Repeal of Conflicting Ordinances; Providing for Severability; and Providing an Effective Date. Councilmember Rick Carmona made a motion to approve Ordinance No. 2107 - Amending Chapter 8, Offenses and Nuisances, Section 6: Advertising; Providing for Repeal of Conflicting Ordinances; Providing for Severability; and Providing an Effective Date. City Attorney to exempt charitable, non-profit and youth groups from fee in Ordinance. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2107

AN ORDINANCE OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS AMENDING CHAPTER 8, OFFENSES AND NUISANCES, SECTION 6: ADVERTISING; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE.

14. Hear Remarks from Visitors.

Kyle Glasscock spoke to Council regarding Terrell High School Boys Basketball Team.

OLD BUSINESS
CONSENT AGENDA

Councilmember Lee Schaeffer made a motion to adopt Ordinance No. 2101, Ordinance No. 2106, Ordinance No. 2108 and Ordinance No. 2110 on consent agenda. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

15. Discuss and Consider Adoption on Second Reading Ordinance No. 2101 - Annexing Adjacent and Contiguous Territory, As Described in Exhibit A and as Depicted in Exhibit A.1, to the City of Terrell, Texas.

CITY OF TERRELL, TEXAS

ORDINANCE NO. 2101

AN ORDINANCE TO THE CITY OF TERRELL, TEXAS, ANNEXING ADJACENT AND CONTIGUOUS TERRITORY, AS DESCRIBED IN EXHIBIT A AND AS DEPICTED IN EXHIBIT A.1 AND A.2, TO THE CITY OF TERRELL, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; FURTHER PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL BOUNDARIES OF THE CITY AS HERETOFORE ADOPTED; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR SAID ORDINANCE TO TAKE EFFECT AND BE IN FORCE FROM AND AFTER ITS PASSAGE.

WHEREAS, the City of Terrell, Texas (the "CITY"), pursuant to Chapter 43 of the Texas Local Government Code and Section 1.04 of Article I of the Home Rule Charter of the City of Terrell, Texas, has instituted annexation proceedings to annex additional territory lying adjacent to the CITY, which territory is described in Exhibit A and depicted in Exhibit A.1 and A.2,, both of which are attached hereto and incorporated herein for all purposes; and

WHEREAS, two separate public hearings were conducted in accordance with Chapter 43 of the Texas Local Government Code, the first being held at 5:30 o'clock p.m. on February 5, 2002, at the Terrell City Hall, 201 E. Nash Street, Terrell, Texas 75160, and the second public hearing being held at 5:30 p.m. o'clock noon on March 5, 2002, at the Terrell City Hall, 201 E. Nash Street, Terrell, Texas 75160, and

WHEREAS, the public hearings were conducted and held not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and

WHEREAS, notice of the public hearings was published in a newspaper of general circulation in the CITY and in the territory proposed to be annexed by publication at least once in said newspaper not more than twenty (20) days nor less than ten (10) days prior to each public hearing; and

WHEREAS, all required statutory notices pursuant to the Chapter 43 of the Texas Local Government Code and Section 1.04 of Article I of the Home Rule Charter of the City of Terrell, Texas, have been accomplished; and

WHEREAS, in accordance with Chapter 43 of the Texas Local Government Code, a service plan, attached hereto as Exhibit B and incorporated herein for all purposes, was prepared
by the City Manager, or his designee, which plan was made available for inspection and explained at the public hearings conducted as herein described; and

WHEREAS, annexation proceedings were instituted relative to the territory to be annexed on March 26, 2002, by the introduction of this annexation ordinance during a Special Session of the City Council of the City of Terrell on said date; and

WHEREAS, Chapter 43 of the Texas Local Government Code requires the annexation of an area by a municipality to be completed within ninety (90) days after the date the governing body of the municipality institutes the annexation proceedings relative thereto, or those annexation proceedings are void; and

WHEREAS, the adoption of this annexation ordinance during a Regular Session of the City Council of the City of Terrell on April 2, 2002, will complete the annexation proceedings relative to the territory to be annexed within the ninety (90) day period stipulated by Chapter 43 of the Texas Local Government Code; and


WHEREAS, the territory to be annexed is contiguous and adjacent to the corporate limits of the City of Terrell and meets all applicable size and shape requirements of state law governing eligibility for annexation.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, THAT:

SECTION 1

All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety.

SECTION 2

The property described in Exhibit A and depicted in Exhibit A.1 and A.2, all of which are attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Terrell, Kaufman County, Texas, and same is hereby made a part of the CITY.

SECTION 3

The service plan, attached hereto as Exhibit B and incorporated herein for all purposes was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this Ordinance, and is made a part hereof.

SECTION 4

The property described in Exhibit A shall bear its pro rata share of the taxes levied by the CITY, and the inhabitants of the area herein annexed shall be entitled to all of the rights, privileges, and responsibilities of other citizens of the CITY and area hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted.
SECTION 5

The official map and boundaries of the CITY heretofore adopted and amended be and are hereby amended so as to include the property described in Exhibit A and depicted in Exhibit A.1 and A.2, as part of the CITY.

SECTION 6

The City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to effectuate this Ordinance, including any corrections to the official map of the City to add the territory hereby annexed as required by law.

SECTION 7

The City Manager is hereby directed and authorized to file a certified copy of this Ordinance with the necessary governmental agencies.

SECTION 8

If any section, subsection, sentence, phrase, or word be found to be illegal, invalid, unconstitutional or if any portion of said property is incapable of being annexed by the City of Terrell, Texas, for any reason whatsoever, the adjudication shall not affect another section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision to any other person or portion of said property, situation or circumstance, nor shall the adjudication affect any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City of Terrell, Texas. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part and to this end the provisions of this Ordinance are declared to be severable.

SECTION 9

This Ordinance shall take effect and be in full force from and after its passage, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the City of Terrell, Texas.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, THIS 26th DAY OF MARCH, 2002.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, THIS 2ND DAY OF APRIL, 2002.

EXHIBIT A TO ORDINANCE NO. 2101
CITY OF TERRELL

TRACT 1

BEING 203.1 acres of land situated in the Ransom Sowell Survey, Abstract No. 443, the Benjamin Kimberling Survey, Abstract No. 265 and the Phillips Walker Survey, Abstract No. 569 and possibly including parts of the J. Russell Survey, Abstract No. 419, the Wm. Clements Survey, Abstract No. 104, the H. Tabor Survey, Abstract No. 542 and the J.H. Hamilton Survey, Abstract No. 207, all within the County of Kaufman, Texas; said 203.1 acres consisting of the occupied Right of Way (R.O.W.) of Airport Road, also known as Kaufman County Road No. 306 lying between the current Terrell City Limits and Wilson Road; all of that Interstate Highway 20 R.O.W. lying between Kings Creek (the current Terrell City Limits) and a point East of Wilson Road at I.H. 20 centerline station 949+00; and all of that land owned or claimed by Charles F. Meyers lying between the Terrell Municipal Airport and land owned by the Terrell Economic Development Corporation (hereinafter referred to as T.E.D.C.). Said 203.1 acres being more particularly described by Metes and Bounds as follows:

BEGINNING in the current Terrell City Limits line (hereinafter referred to as 'TCL'), at the point where Kings Creek crosses the Southerly R.O.W. of Interstate Highway No. 20 (I.H.20);

THENCE N 8° 26' 26" E crossing the R.O.W. of Interstate Highway 20, a distance of 405.57 feet, to a point in the centerline of Kings Creek, at its intersection with the Northeast R.O.W. line of I.H.20;

THENCE S 72° 16' E a distance of 12 feet to the most Southerly East corner of a 39.634 acre tract of land conveyed to the City of Terrell by deed dated March 31, 1986 and recorded in Volume 851, Page 594 of the Deed Records of Kaufman County, Texas same being the most Westerly corner of a 373.2 acre tract annexed by the City of Terrell per Ordinance No. 2083, passed and adopted October 2, 2001 and being in the East Bank of Kings Creek;

THENCE with the Southwest line of said 373.2 acre tract and the Northeast line of I.H. 20 and the current 'TCL' the following courses and distances:

S 72° 16' E a distance of 4100.85 feet to a concrete monument found;
S 71° 07' E a distance of 500.10 feet to a concrete monument found;
S 72° 16' E a distance of 1600 feet to a 1/2 inch iron rod found;
S 85° 24' E a distance of 308.06 feet to a 1/2 inch iron rod found;
N 66° 23' E a distance of 333.03 feet to a ½ inch iron rod found;
N 32° 29' E a distance of 392.95 feet to a concrete monument found;
N 73° 59' E a distance of 158.12 feet to a ½ inch iron reference rod found at the occupied East corner of the aforesaid 373.2 acre tract in the occupied Southwest line of Airport Road and being in the I.H. 20 R.O.W.;

THENCE departing the I.H. 20 R.O.W. line and continuing with the current 'TCL', same being a fence line along the occupied Southwest line of Airport Road (Kaufman County Road No. 306) and also being the occupied Northeast line of said T.E.D.C. property, the following courses and distances:

N 43° 08' 26" W a distance of 360.74 feet;
N 42° 21' 27" W a distance of 167.20 feet;
N 41° 53' 52" W a distance of 692.48 feet;
N 43° 17' 23" W a distance of 1158.37 feet to a ½ inch iron reference rod found in fence corner;
N 43° 49' 49" W a distance of 2471.63 feet;
N 47° 41' 46" W a distance of 249.78 feet;
N 44° 40' 54" W a distance of 268.28 feet;
N 44° 07' 44" W a distance of 208.97 feet;
N 43° 39' 06" W a distance of 886.27 feet to a ½ inch iron reference rod found in fence corner, being the occupied North corner of the T.E.D.C. property and the occupied East corner of the Charles F. Meyers tract of land;

THENCE S 47° 28' 10" W with a fence, same being the common line between Charles F. Meyers and the T.E.D.C. and the current 'TCL', a distance of 2012.32 feet to a point in the East Bank of Kings Creek;

THENCE with said East Bank of Kings Creek and with said common line and with said current 'TCL', the following courses and distances:

1.) S 15° 26' 37" W, a distance of 102.25 feet to bend;
2.) S 39° 52' 22" W, a distance of 137.06 feet to bend;
3.) S 4° 25' 04" W, a distance of 88.43 feet to bend;
4.) S 55° 45' 06" W, a distance of 63.28 feet to bend;
5.) S 88° 18' 50" W, a distance of 134.17 feet to bend;
6.) S 51° 03' 07" W, a distance of 79.44 feet to bend;
7.) S 77° 34' 25" W, a distance of 75.93 feet to bend;
8.) S 15° 01' 51" W, a distance of 130.80 feet to bend;
9.) S 5° 44' 32" W, a distance of 164.08 feet to bend;
10.) S 3° 55' 17" E, a distance of 63.98 feet to bend;
11.) S 29° 45' 35" W, a distance of 84.86 feet to bend;
12.) S 70° 50' 49" W, a distance 93.56 feet to bend;
13.) S 4° 41' 33" W, a distance 62.34 feet to bend;
14.) S 15° 56' 42" E, a distance of 63.43 feet to bend;
15.) S 55° 41' 14" E, a distance of 169.83 feet to bend;
16.) S 9° 16' 35" W, a distance of 92.22 feet to bend;
17.) S 56° 53' 48"W, a distance of 73.07 feet to bend;
18.) S 2° 43' 23" E, a distance of 122.95 feet to bend;
19.) N 65° 56' 23" E, a distance of 100.66 feet to bend;
20.) S 74° 05' 35" E, a distance of 84.71 feet to bend;
21.) S 19° 11' 39" W, a distance of 120.14 feet to bend;
22.) S 59° 11' 40" W, a distance of 116.18 feet to bend;
23.) S 87° 31' 18" W, a distance of 193.86 feet to bend;
24.) S 48° 30' 08" E, a distance of 147.86 feet to bend;
25.) S 3° 58' 37" W, a distance of 158.84 feet to bend;
26.) S 36° 14' 12" W, a distance of 83.57 feet to bend;
27.) S 53° 03' 01" W, a distance of 39.75 feet to bend;
28.) N 87° 31' 15" W, a distance of 18.15 feet to the most Easterly corner of said 39.634 acre tract of land;

THENCE continuing with the current 'TCL', the following courses and distances:

N42° 54' W a distance of 692 feet to a point for corner;
N 44° 40' E a distance of 883 feet to a point for corner;
N 24° 20' W a distance of 575 feet to a point for corner;
N 30° 40' E a distance of 916 feet to a point for corner;
N 0° 40' E a distance of 2572 feet to a point for corner at or near the South line of Airport Road (Kaufman County Road No. 306)
N 44° 20' W a distance of 2170 feet to a point for corner;
N 24° 10' E with said 'TCL', a distance of 53.5 feet, more or less to a point in the Northeast line of Airport Road;

THENCE with said Northeast line, departing said current 'TCL', the following courses and distances:

S 44° 20' E a distance of 2191 feet to an angle point in same;

S 44° 13' E, a distance of 2539 feet to an angel point in same, a ½ inch iron reference rod at the occupied East corner of the aforementioned Charles F. Meyers tract of land bears S 47° 28' 10" W 49.84 feet;

S 43° 37' 32" E a distance of 1424.45 feet to the occupied South fence corner of a 359.536 acre tract described in Volume 790, Page 95 of the Deed Records of Kaufman County, Texas;

THENCE N 44° 10' 45" E with the Southeast line of said 359.536 acre tract, a distance of 17.16 feet to another fence corner, being the occupied West corner of the Hunt Oil Company 440.522 acre tract described in Volume 1034, Page 877 of said Deed Records;

THENCE S 44° 00' 04" E with the occupied Northeast line of Airport Road (Kaufman County Road No. 306), same being the occupied Southwest line of said 440.522 acre tract, a distance of 2659.61 feet to an angle point in same, a ½ inch iron reference rod bears S 46° 49' 30" W 50.87 feet;

THENCE S 42° 50'E continuing with said Northeast and Southwest lines, a distance of 2404.89 feet to an angle point in same, a ½ inch iron reference rod at the occupied East corner of the aforementioned T.E.D.C. tract of land bears S 73° 59' W 57.74 feet;

THENCE S 43° 08' E continuing with the Southwest line of said 440.522 acre tract and a projection thereof, a distance of 598.96 feet to a point for corner;

THENCE S 47° 06' W at 29.84 feet, intercepting the R.O.W. line of I.H.20 and continuing with same, a total distance of 137.74 feet to an angle point in said R.O.W.;

THENCE with said R.O.W., the following courses and distances:

S 37° 57' W a distance of 249.92 feet;
S 24° 32' E a distance of 148.64 feet;
S 63° 44' E a distance of 303.36 feet;
S 72° 16' E a distance of 200.00 feet to a point for corner being 180 feet left of I.H. 20 centerline station 949+00;

THENCE S 17° 44' W, perpendicular to said centerline, a distance of 360 feet to an angle point in the Southwest R.O.W. of I.H. 20;

THENCE with said Southwest R.O.W. line, the following courses and distances:

N 89° 37' W a distance of 419.07 feet to an angle point;
S 44° 09' E a distance of 359.02 feet to an angle point;
S 46° 24' W, a distance of 80.00 feet to an angle point;
N 59° W, a distance of 285.61 feet to an angle point;
S 88° 27' W a distance of 317.83 feet to an angle point;

THENCE S 57° 32' W at 361. 79 feet, intersecting the current 'TCL', in all, a distance of 468.58 feet to an angle point in the I.H. 20 R.O.W.;

THENCE with the Southwest R.O.W. line of I.H. 20 and the current 'TCL' the following courses and distances:

N 72° 16' W a distance of 100 feet;
N 56° 45' W a distance of 192.27 feet;
N 42° 54' W a distance of 90.00 feet, crossing Wilson Road;
N 31° 02' W a distance of 181.24 feet;
N 15° 39' W a distance of 390.73 feet;
N 44° 03' W a distance of 375.92 feet;
N 71° 18' W a distance of 353.80 feet;
N 70° 33' W a distance of 1000.45 feet;
N 72° 16' W a distance of 1400 feet;
N 72° 54' W a distance of 900.05 feet;
N 72° 16' W a distance of 2247.41 feet to the Point of Beginning and containing 8,847,020 square feet or 203.1 acres of land, more or less.



TRACT 2

BEING 33.24 acres of land situated in the John C. Hale Survey, Abstract No. 202, Kaufman County, Texas and being all that Interstate Highway 20 Right of Way East of the old East line of Farm to Market Road 148 (80' R.O.W.) and lying between Tracts I and II as described in deed to Charlie C. and Dena B. Risinger and filed in Volume 1083, page 522 of the Deed Records of Kaufman County, Texas. Said 33.24 acres being more particularly described as follows:

BEGINNING at a point in the current Terrell City Limits and in the old East line of Farm to Market Road 148 at its intersection with the North Right of way line of Interstate Highway 20 ;

THENCE South 32° 04' 14" East at 30.91 feet, passing the new East line of F.M. 148, same being the most Westerly corner of the herein above described Tract I and continuing a total distance of 53.88 feet to a point for corner;

THENCE with the current Terrell City Limits and with the North line of Interstate Highway 20 and the South line of said Tract I, the following courses and distances:

South 88° 12' 29" East a distance of 213.35 feet;
South 74° 22' 05" East a distance of 252.51 feet;
South 75° 59' 13" East a distance of 186.43 feet;
South 84° 45' 42" East a distance of 590.02 feet;
South 85° 14' 50" East a distance of 2089.18 feet to a point for corner;

THENCE South 63° 20' 38" East, continuing with the current Terrell City Limits and departing the North line of Interstate Highway 20 and the South line of said Tract I, a distance of 596.77 feet to a point for corner;

THENCE South 43° 48' 50" West, a distance of 153.25 feet to a point for corner in the South line of Interstate Highway 20, same being the most Easterly corner of the herein above described Tract II;

THENCE with the current Terrell City Limits and with the South line of Interstate Highway 20 and the North line of said Tract II, the following courses and distances:

North 82° 33' 07" West a distance of 246.76 feet;
North 85° 14' 50" West a distance of 2300.00 feet;
North 85° 43' 29" West a distance of 600.02 feet;
South 85° 25' 18" West a distance of 750.24 feet;
South 87° 21' 50" West a distance of 435.48 feet to a point for corner in the current East line of F.M. 148, same being the most Northerly West corner of said Tract II;

THENCE North 43° 34' 26" East, a distance of 805.30 feet to the Point of Beginning and containing 1,448,021 square feet or 33.24 acres of land, more or less






EXHIBIT B

CITY OF TERRELL, TEXAS

SERVICE PLAN FOR ANNEXED AREA

ANNEXATION ORDINANCE NO: 2101

DATE OF ANNEXATION ORDINANCE: April 2, 2002

ACREAGE ANNEXED: Tract 1 - 203.1 Acres
Tract 2 - 33.24 Acres

PROPERTY DESCRIPTION:


TRACT 1

BEING approximately 203 acres of land, here defined as three, contiguous parcels, as follows: all of that portion of the right of way (R.O.W.) of Interstate Hwy. 20 (I.H.20) situated between the current city limits crossing, at Kings Creek, and Wilson Rd.; all of that portion of the R.O.W. of Airport Rd., or County Rd. No. 306, situated between the current city limits crossing, just northwest of the intersection of Skyline Dr., and the R.O.W. of I.H.20 at Wilson Rd.; and all of that approximately 85 acre parcel of land in the R. Sowell Survey, Abstract No.443, owned by Charles F. Myers, and bounded on the northeast by Airport Rd., on the west by the Municipal Airport and Madix, and on the southeast by Terrell Economic Development Corp.


TRACT 2

BEING approximately 33 acres of land consisting of all that portion of the R.O.W. of I.H.20 situated in the J. C. Hale Survey, Abstract No. 202, between the current city limits crossing on the south side of Spur Hwy. 557 (old I.H.20) and the southeast R.O.W. line of Farm To Market Hwy. 148.

Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Terrell, Texas (the "City") at the following levels and in accordance with the following schedule:

A. POLICE PROTECTION

1. Police personnel and equipment from the Terrell Police Department shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas, on the effective date of this ordinance.

2. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish this area with the level of police services consistent with the characteristics of topography, land utilization and population density of the area.

3. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits.

B. FIRE PROTECTION/EMERGENCY MEDICAL SERVICES

1. Fire Protection and Emergency Medical Services (EMS) from the City of Terrell shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas, on the effective date of this ordinance.

2. As development commences in these areas, sufficient fire protection and EMS, including personnel and equipment will be provided to furnish this area with the level of services consistent with the characteristics of topography, land utilization and population density of the area. It is anticipated that fire stations planned to serve areas currently within the City will be sufficient to serve areas now being considered for annexation.

3. Upon ultimate development, fire protection and EMS will be provided at a level consistent with other similarly situated areas within the city limits.

C. FIRE PREVENTION

The services of the City of Terrell Fire Department shall be provided to the area on the effective date of this ordinance.

D. SOLID WASTE COLLECTION

1. Solid waste collection shall be provided to the area annexed upon request on the effective date of this ordinance. The collection of refuse from individual properties shall be made in accordance with the usual Public Works Department scheduling.

2. As development commences in these areas, sufficient, solid waste collection will be provided to furnish the level of services consistent with the characteristics of topography, land utilization, and population density of the area.

3. Upon ultimate development, solid waste collection will be provided at a level consistent with other similarly situated areas within the city limits.

E. WATER SERVICE

1. Connection to existing city water mains for water service will be provided in accordance with existing City Policies. Upon connection to existing mains, water will be provided at rates established by City Ordinance.

2. As development commences within these areas, water mains will be extended in accordance with the provisions of the Subdivision Ordinances and/or other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City Ordinances and Regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the area. The attached water facilities plan reflects the principal facilities currently planned by the City to provide for currently expected land utilization and population density, based on applicable City policies, ordinances and regulations.

3. Water mains installed or improved to City standards within the annexed area, which are located within dedicated easements, right-of-way, or any other acceptable location approved by the City Engineer, shall be maintained by the City of Terrell on the effective date of this ordinance.

4. Maintenance of private lines will be the responsibility of the owner or occupant.

5. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility.

F. SANITARY SEWER SERVICE

1. Connection to existing city sanitary sewer mains for sewage service will be provided in accordance with existing City Policies. Upon connections existing mains, wastewater collection will be provided at rates established by City Ordinances.


2. As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the Subdivision Ordinance and/or other applicable ordinances and regulations, City participation in the costs of these extensions shall be in accordance with applicable City Ordinances and Regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the area. The attached facilities plan reflects the principal facilities currently planned by the City to provide for currently expected land utilization and population density, based on applicable City policies, ordinances, and regulations.

3. Sanitary sewer mains and lift stations installed or improved to City Standards within the annexed area which are located within dedicated easement, right-of-ways, or any other acceptable location approved by the City Engineer, shall be maintained by the City of Terrell on the effective date of this ordinance.

4. Operation and maintenance of wastewater facilities in the annexed area that are within the service area of another water utility will be the responsibility for that utility.

5. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner.

G. STREETS

1. Emergency street maintenance shall be provided for publicly dedicated streets or roads within these areas on the effective date of this ordinance. Routine maintenance will be scheduled as part of the City's annual street maintenance program in accordance with the then current policies and procedures defined by ordinance.

2. As development commences in these areas, all publicly dedicated streets shall be constructed to current City of Terrell standards. The regulations and ordinance regarding City participation, maintenance, and acceptance upon completion, shall apply. Maintenance will be provided at a level consistent with the characteristics of topography. Land utilization, and population density of the area.

H. PARKS AND RECREATION

1. Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this Ordinance. Fees for such usage shall be in accordance with current fees established by ordinance.

2. As development commences to these areas, additional park and recreation facilities shall be constructed based on Park policies defined in the Comprehensive Plan. The general planned locations and classification of parks will ultimately serve residents from the current city limits and residents from areas being considered for annexation.

I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT
SERVICES

1. Enforcement of current environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances, and animal control ordinances, shall begin in this area within sixty (60) days of the effective date of the annexation ordinance.

2. Inspection services, including but not limited to, the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with City Codes and Ordinances will be provided within sixty (60) days of the effective date of this ordinance.

3. As development commences in this area, the City shall provide the level of Environmental Health and Code Enforcement Services as are furnished in other similarly situated areas throughout the City.

J. MISCELLANEOUS

Any publicly owned facility, building, or service located within the annexed area shall be maintained by the City on the effective date of the annexation ordinance.


16. Discuss and Consider Adoption on Second Reading Ordinance No. 2106 - Zone Change on Property Described as Lot 1C, Block 434, Terrell Revised from Current Zoning of Two-Family Residential (2F) to Commercial (C).

ORDINANCE NO. 2106


AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM TWO-FAMILY (2F) TO COMMERCIAL ( C ) ON PROPERTY DESCRIBED AS LOT 1C, BLOCK 434, TERRELL REVISED OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.


SECTION I.

WHEREAS, the Planning and Zoning Commission of the City of Terrell, Texas held a Public Hearing on February 25, 2002 on request to change the zoning from Two-Family (2F) to Commercial (C) on property described as Lot 1C, Block 434, Terrell Revised recommends approval to change the zoning from Two-Family (2F) to Commercial (C) on property described as Lot 1C, Block 434, Terrell Revised , Terrell, Texas, and

WHEREAS, the City Council of the City of Terrell, Texas held a Public Hearing on March 19, 2002, on request to change the zoning from Two-Family (2F) to Commercial (C) on property described as Lot 1C, Block 434, Terrell Revised, Terrell, Texas, and

WHEREAS, the City Council has determined that all notice requirements have been given in compliance with the laws and ordinances of the City of Terrell; and

WHEREAS, the City Council of the City of Terrell, Texas has determined that it would be in the best interest of the citizens of Terrell to change the zoning from Two-Family (2F) to Commercial (C) on property described as Lot 1C, Block 434, Terrell Revised, Terrell, Texas.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Terrell, Texas:

THAT the zoning classification be and is hereby changed on property legally described as Lot 1C, Block 434, Terrell Revised, Terrell, Texas, from Two-Family (2F) to Commercial (C).

ARTICLE II.

All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

ARTICLE III.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.


ARTICLE IV.

This Ordinance will take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides.

PASSED AND APPROVED ON THIS 19th DAY OF MARCH, 2002.
PASSED AND ADOPTED ON THIS 2ND DAY OF APRIL, 2002.


17. Discuss and Consider Adoption on Second Reading Ordinance No. 2108 - Amending Chapter 5, Business Regulations, Section 15: Wrecker Service.

ORDINANCE NO. 2108

AN ORDINANCE OF THE CITY OF TERRELL, KAUFMAN COUNTY TEXAS AMENDING CHAPTER 5, BUSINESS REGULATIONS, SECTION 15, WRECKER SERVICE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS THAT:

ARTICLE I.

That Chapter 5, Business Regulations, Section 15, Wrecker Service shall be amended as follows:

SECTION 15: WRECKERS AND WRECKER SERVICE

Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Accident shall mean any occurrence which renders a vehicle wrecked or disabled as defined in this section.

Disabled shall mean that status of any vehicle which has been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, the elements or vandalism, so as to reasonably necessitate that such vehicle be removed by a wrecker.


Hazardous material shall mean:

Any substance classified as a hazardous material under state or federal law or under a rule adopted pursuant to a state or federal law; or

A chemical, petroleum product, gas or other substance that, if discharged or released, will or is likely to create an imminent danger to individuals, property or the environment.

Motor vehicle shall mean every vehicle which is self-propelled.

Non-consent tow shall mean any tow conducted without the permission of, or not at the direction of, the vehicle's legal or registered owner, or such owner's authorized representative, regardless of the vehicle's location or condition.

Police pull shall mean the designation of the occasion when the police department has called a wrecker company to either remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but the owner is not present, able or permitted to drive or to make authorizations.

Referral tow shall mean any tow conducted with the permission and at the request of an owner or operator of a motor vehicle, made to a police officer, in which the tow is accomplished by a wrecker company referred from the Terrell Police Department Public Service Referral Towing Rotation Listing as a public service.

Street shall mean any street, alley, avenue, lane, public place, square or highway within the corporate limits of the city.

Tilt bed/roll back car carrier shall mean a motor vehicle designed and equipped as to be capable of lifting another vehicle upon itself for the purpose of transporting a motor vehicle that cannot be safely transported by a wrecker.

Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks.

Wrecked shall mean the status of any vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that such vehicle be removed by a wrecker.

Wrecker shall mean any motor vehicle designed and used primarily for removing wrecked or disabled vehicles upon any street.

Wrecker business shall mean the business of removing wrecked or disabled vehicles on the streets from the site of an accident, regardless of whether the purpose of the removal is to repair, wreck, store, trade or purchase such wrecked or disabled vehicles.

Wrecker company shall mean any person engaged in the wrecker business.

Accidents covered.

The prohibitions and requirements of this section shall also apply to all accidents occurring on a street regardless of whether or not the final resting place of a vehicle is upon a street immediately after the accident. This subsection shall be construed to include those accidents in which a vehicle, immediately before becoming wrecked or disabled, was:

Driven off a street intentionally or unintentionally, because of some real or
perceived emergency;

Driven off a street maliciously, or with an intent to commit suicide; or

Driven, pushed or forced off a street while without a driver.

Emergency situations exempted.

The prohibitions and requirements of this section shall not apply to any person who necessarily must act immediately to prevent death or bodily injury to any person involved in an accident. The assertion of a defense of an emergency situation shall constitute an affirmative defense to a violation cited under this section.

Pushing, towing by vehicles other than wreckers.

Vehicles may be pushed or towed by another vehicle only when they do not reasonably require removal by a wrecker and only when such may be done in a safe manner, and such removal is excluded from all coverage of this section except section J concerning solicitation.

Maximum fees chargeable for non-consent tows.


In order to provide for consistency and fairness of fees charged for towing services involving the towing of motor vehicles without the prior consent or authorization of the owner or operator of the motor vehicle towed, the following fee structure of maximum permissible charges is established.

No wrecker or towing company shall charge more than the rates indicated for the services rendered below, for all tows with points of origin within the corporate limits of the city:

Towage. A maximum charge of $65.00 for towing such
vehicle from one (1) point on a street, or on public or private property, to another location with the corporate limits of the extraterritorial jurisdiction of the city.

Tandem axle wreckers. A charge of $125.00 per hour for
the use of a tandem axle (heavy duty) wrecker. After the first hour, billing shall be in increments of fifteen (15) minutes, at a rate of
$31.25 per increment. No heavy duty (tandem axle) wrecker shall be used unless its use may be justified as necessary to safely accomplish the tow. Upon demand by the owner/operator of the vehicle towed, written justification shall be provided by the wrecker company towing said vehicle, stating the rationale and safety requirements which mandated the use of the tandem axle wrecker.

Use of a tilt bed/roll back car carrier. A charge up to a
maximum of $85.00 when the use of a car carrier is necessary for towing any such vehicle.

In the event an owner or operator of a vehicle which is about to be towed, pursuant to a non-consent police-initiated tow, but prior to actual removal of the vehicle from the site, returns to the tow location, he or she may demand immediate release of their vehicle by the wrecker company. The wrecker company shall comply with this demand at no cost to the owner or operator of the vehicle. In such a case, the responding wrecker company shall be returned to its original place on the top of the public service referral towing rotation listing.

Police pulls.

All police department-initiated, non-consent tows, shall be undertaken by contacting the wrecker company on the top of the public service referral towing rotation listing with the owner/operator of the vehicle towed being subject to the fee schedule listed in subsection E above.

Weekly reports.

Each wrecker company towing vehicles from within the city, will provide a weekly written report to the police department of all vehicles towed as non-consent or referral tows from any public roadway or public or private lot, during the previous one-week period, which shall include the following information:

Make, model, and color of the vehicle towed.
License number and/or V.I.N. of the vehicle.
Location of the origin of the pull.
Location of the destination of the pull.
The date and time the pull was made.
The name, address and phone number of the party requesting the service.

Removal of debris from accident scene.

Each wrecker company called to the site of an accident that provides a towing service, shall completely remove all resulting wreckage from the city street or throughway before departing from the site. Removal of wreckage will not be considered completed by merely sweeping debris to the curbline. All such wreckage shall be removed from the accident site completely.

Wreckers prohibited at scene unless called.

No person shall drive a wrecker to or near the site of an accident within the city unless such person has been called to the site by the owner or operator of the vehicle, by his or her authorized representative, or by the police department. A wrecker operator, whose assistance has been requested by the owner of a disabled vehicle, shall notify the police communications center of his or her intention to be present on the scene, prior to proceeding to the site of the disabled vehicle.

Solicitation.

No person shall solicit in any manner directly or indirectly, on the streets of the city, at or near the site of an accident within the city, any business regarding wrecked or disabled vehicles regardless of whether the solicitation is for the purpose of removing, repairing, wrecking, storing, trading or purchasing such vehicle.

The presence of any person engaged in the wrecker business or other businesses for which solicitation is hereby prohibited, either as owner, operator, employee or agent on any street at or near the site of an accident within one (1) hour after the happening of such accident shall be prima facie evidence of a solicitation in violation of this subsection.

Towing vehicles containing hazardous materials, and notification.

No wrecker or towing company seeking to tow a vehicle which contains,
or is reasonably believed to contain, hazardous materials may accomplish the tow unless, pursuant to 49 U.S.C. §§ 1801, 5107 - 5109, 5125; 49 C.F.R. 387; Tex. Trans. Code §§ 522.003(19), 522.041 - 522.043, and all other applicable federal and state law,

The wrecker is registered to transport hazardous materials; and
The wrecker has been issued pertinent permits to transport same; and
The driver of the wrecker is licensed to transport hazardous materials.

In the event a wrecker or towing company seeks to tow a motor vehicle or trailer containing, or reasonably believed to contain, hazardous materials, and the materials have leaked or appear to be leaking, the wrecker or towing company shall immediately advise the Terrell Fire Department of the leakage. The motor vehicle or trailer will not be moved until inspected by the fire department. The fire department will be the sole authority in determining the appropriate precautions to be taken prior to authorizing the motor vehicle or trailer to be moved by the wrecker company.

Permit Required.

No person may engage in the wrecker business within the city without first obtaining a permit to do so from the City Secretary. Every person desiring to provide such wrecker service within the city may apply for a permit to operate as an authorized wrecker service company from the City Secretary for each wrecker proposed to be operated. For each wrecker for which a permit is sought, the applicant must submit the following:

Name, address and telephone number of the owner of the wrecker;

Name address and telephone number of the operator and/or wrecking
company;

Trade name under which the wrecker service will operate;

Name and type of wrecker to be operated;

A statement that the wrecker service company will provide wrecker service
on at twenty-four (24) hour basis, seven (7) days a week; and

The type of wrecker service to be provided, i.e. heavy-duty, tilt bed/roll
back car carrier, etc.; and

A statement that all wreckers permitted under this subsection are properly
equipped according to law.

The payment of an initial permit fee of $150.00 per permit issued for an
initial period of two (2) years and, at the expiration of the initial period, a renewal fee of $75.00 for each additional two year renewal.

The City Secretary may also require any additional information of an applicant if deemed necessary.

Revocation or suspension of permit.

A permit may be suspended or revoked by the City Secretary or the Chief of Police for one or more of the following reasons:

Failure to maintain wrecker or equipment in safe working order;

Failure to comply with any provision of this section;

Refusal to answer any call for emergency wrecker service;

Conviction or indictment of any wrecker driver of a felony or class A or class B misdemeanor or when the wrecker driver has been convicted of four (4) or more moving traffic violations arising out of separate transactions or involved in more than two (2) automobile accidents in which it could be reasonably determined that he or she was at fault within any twelve (12) month period during the proceeding three (3) years.

Conviction of a wrecker driver of a provision of the motor vehicle or traffic laws of the State of Texas or the city while in the scope of his or her employment as a wrecker driver; and/or

The making of any false statement as to any material matter in an application for a permit or its renewal.

Failure to pay any fees required by this Section.


Appeals.

If the City Secretary refuses to issue a permit or renewal or, if the City Secretary or the Chief of Police suspends or revokes any permit, an appeal may be made to the City Council. Such appeal must be filed with the City Secretary within ten (10) days of such denial, suspension or revocation stating that an appeal is desired and the grounds for such appeal. Upon receiving the appeal, the City Council, as soon as is practicable thereafter and in no event longer than thirty (30) days after receipt, shall hold a hearing to consider the appeal. At least five (5) days notice of the date of such hearing shall be given to the applicant. Based on the hearing of the appeal and the facts relative thereto, the City Council will either sustain or reverse the decision of the City Secretary and/or the Chief of Police. The decision of the City Council shall be final.

The public service referral towing rotation listing.

In the interests of public safety, the chief of police is hereby empowered to develop and maintain a public service referral towing rotation listing of all wrecker or towing companies who desire to be on the list, and who have a current permit for towing services with the city. The purpose of the listing will be to provide, through a referral roster, access to wrecker service by members of the public, upon request, consistent with the criteria established by this subsection.

Such a service will be provided only when a citizen request for a tow is
made, and it is directed to the police department for referral. The final designation and acceptance of the wrecker or towing company that provides the wrecker service will rest with the citizen requesting the tow. A citizen is not required to use a wrecker company from the public service referral towing rotation listing; citizens may request wrecker companies which do not appear on the referral listing. However, the citizen requesting the tow will be fully responsible for any fees incurred by, and associated with the tow. The city will neither warrant nor guaranty, nor assume any liability for the quality of service, or the costs of any public service referral tow.

Wrecker or towing companies seeking to be placed on the public service referral towing rotation listing must demonstrate compliance with all statutory licensing, safety, and financial responsibility requirements upon demand by the chief of police or his designee.

In order to expedite the clearing of accident scenes or obstructions caused by disabled vehicles, and in the interests of assisting stranded motorists, wrecker or towing companies desiring to be on the listing must be capable of responding to the accident or disabled vehicle location within thirty (30) minutes of receipt of the call requesting their service by the police department.

The public service referral towing rotation listing shall consist of a roster of interested wrecker or towing companies, identified by name, and arranged in alphabetical order. A referral shall be made, upon the citizen's request, by the police department calling the wrecker company first to appear in alphabetical order. Successive referrals will be made by first exhausting the alphabetical roster in its entirety, and then returning to the alphabetical beginning of the roster to continue sequential, alphabetical referrals. The criteria used for any "pass-overs" or non-selection of wrecker companies appearing in alphabetical succession shall be based only on the following situations:

A citizen's request not to use the wrecker company identified on the rotation listing;

A request for a pass-over made by a wrecker company itself at the time it is called by the police department;

A statement made to the police department by the wrecker company identified that it cannot dispatch a wrecker to the location requested within thirty (30) minutes;

A statement made to the police department by the wrecker company identified that it cannot dispatch a wrecker to the location requested because it has no wreckers available with the equipment necessary to safely accomplish the tow;

A determination made by the chief of police or his designee that a wrecker company, to which a referral has been made, has failed to respond with a wrecker within the allotted thirty (30) minutes; or

A determination made by the chief of police or his designee that a wrecker company is not in full compliance with any requirement of this section.

All requests for placement on, or self-initiated removal from, the public service referral towing rotation listing shall be made in writing from the wrecking company concerned, and addressed to the chief of police.


In addition to the permit fees specified in subsection L, the city shall charge an annual administrative fee of $175.00 to those wrecker or towing companies seeking to be on the public service referral towing rotation listing. This fee shall be payable to the City Secretary prior to any wrecker or towing company being placed on the referral listing. It shall be used to defray the costs of administration, updating and maintenance of the public service referral towing rotation listing.

Motor vehicle impoundment and storage fees.

The city shall charge an impoundment and storage fee at the maximum amount allowable under state law for all vehicles towed to the City Storage Yard. Such fees shall be computed on storage per day, or part of a day for motor vehicle storage. The storage fee shall be charged for a full twenty-four hour day for any part of a day of storage. The storage fees shall not exceed those accruable for one (1) twenty-four hour day if the vehicle has remained at the storage location for less than twelve (12) hours. For purposes of this section, the time frame for a "day" shall begin and end at midnight. Fees shall be charged for abandoned motor vehicles taken into police custody at the rates herein authorized. These accrued fees shall be based on storage and impoundment:

Lasting for not more than ten (10) days, beginning on the day the abandoned motor vehicle is taken into custody and ending on the day the notice of impoundment is mailed;

Beginning on the day after the day that the notice of impoundment is mailed and ending on the day that the accrued charges have been paid and the vehicle has been removed.

Removal and storage of motor vehicles towed from parking facilities.

Wrecker operators removing vehicles from parking facilities without a vehicle owner or operator's consent shall ensure that proper signage, notice, or authorization for removal has been accomplished prior to removing the vehicle, pursuant to Texas Transportation Code Chapter 684.
Vehicles which are towed from a parking facility without the consent of the owner or operator, and which are taken to a private storage facility may only be assessed those fees and rates for storage, preservation or protection which are permitted under the Texas Vehicle Storage Facility Act, the Texas Transportation Code, and any other pertinent state law.

18. Right to a hearing.

If a motor vehicle has been removed and placed in a vehicle storage facility without the consent of the owner or operator, the owner or operator may request a hearing in Terrell Municipal Court, pursuant to Texas Transportation Code Chapter 685, to determine whether or not probable cause existed for the removal and storage of the vehicle.

19. Parking facility operators' responsibilities.

In the event a vehicle is towed from a parking facility by a wrecker company pursuant to Texas Transportation Code Chapter 684, without the consent of the owner or operator of the vehicle, the owner, operator, agent or representative of the parking facility, other than the wrecker company, must be present and available at the site from where the vehicle in question is to be towed to authorize the tow and to assure all requirements of this ordinance have been complied with prior to the tow being conducted.

20. Violation of ordinance and fines.

A violation of any provision of this ordinance shall be punishable by a fine not to exceed $500.00.

ARTICLE II.

All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

ARTICLE III.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.

ARTICLE IV.

This ordinance will take effect immediately from and after its passage and the publication of the caption as the law in such cases provides.


Passed and Approved this the 19th day of March, 2002.
Passed and Adopted this the 2nd day of April, 2002.


18. Discuss and Consider Adoption on Second Reading Ordinance No. 2110 - Amending Appendix 1, Fee Schedule by Amending Section 9. Plumbing Permit Fees and Charges and Adding Section 41, Backflow Prevention Assembly Rates and Charges.

ORDINANCE NO. 2110

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, BY AMENDING SECTION 9. PLUMBING PERMIT FEES AND CHARGES AND ADDING SECTION 41: BACKFLOW PREVENTION ASSEMBLY RATES AND CHARGES, OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.


BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS:

THAT the Revised Code of Ordinances of the City of Terrell shall be amended in Appendix I, Fee Schedule, by the addition of Item #(3) of Other Inspections and Fees in SECTION 9. PLUMBING PERMIT FEES AND CHARGES; and by the addition of SECTION 41. BACKFLOW PREVENTION ASSEMBLY RATES AND CHARGES as follows:

Section I.

SECTION 9: PLUMBING PERMIT FEES AND CHARGES
Other Inspections and Fees

(3) The annual non-refundable registration fee for approved testers for Backflow Prevention Assembly shall be…………………………………………$25.00

SECTION 41: BACKFLOW PREVENTION ASSEMBLY RATES AND CHARGES

There shall be a non-refundable registration fee for each backflow prevention assembly device:

1. Health Hazard Facilities
The following fee schedule will apply to all health hazard facilities. The fee will be per device. If multiple devices are installed the fees will be billed separately.

(a) For first device $45.00 per year/per device
(b) For every other device $45.00 per year/per device

2. Non-Health Hazard Facilities
The following fee schedule will apply to all non-health facilities. The fee will be per device. If multiple devices are installed the fees will be billed separately:

(a) For first device $25.00 per device renewable every 5 years
(b) For every other device $25.00 per device renewable every 5 years

SECTION II.

All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

SECTION III.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION IV.

This ordinance will take effect immediately from and after its passage and the publication of the caption as the law in such cases provides.

Passed and approved this the 19th day of March, 2002.
Passed and adopted this the 2nd day of April, 2002.


19. Receive City Manager's Reports and Correspondence - Discuss April 4, 2002 Special Council Meeting and Workshop.

City Manager Gordon Pierce presented to Council Reports and Correspondence regarding April 4, 2002 Special Council Meeting and Workshop.

20. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss Section 551.071 - Contemplated Litigation - Receive Advice from City Attorney.

Council adjourned into Executive Session.

21. Reconvene into Regular Session and Consider Action, if any, on Items Discussed in Executive Session.

There was no action taken in Executive Session.

22. Adjourn.

There were no other matters discussed or acted on at this meeting. There being no further business the meeting was adjourned.

____________________________________
Henry C. Madgwick, Sr., Mayor

Attest:

_______________________________
John Rounsavall, City Secretary




City of Terrell
201 East Nash St.
Terrell, Texas 75160
(972) 551-6604
Metro (972) 524- 3332
Fax (972) 551-6682
E-mail: information@cityofterrell.org
 

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City of Terrell
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