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Minutes 

REGULAR CITY COUNCIL MEETING

JUNE 18, 2002

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, June 18, 2002 in the City Council Chambers at 5:30 P.M. with the following members present:

COUNCILMEMBER #1 FRANCES ANDERSON
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 VACANT
COUNCILMEMBER #4 FLOYD TRAMMELL
COUNCILMEMBER #5 RICK CARMONA

1. Call to order.

Mayor Frances Anderson called the meeting to order.

2. Invocation.

Reverend Lonnie Harris gave the opening prayer.

3. Award Recognition: Retirement of Clyde Holmes.
Award Recognition: Retirement of Nathan Mumphrey.

Mayor Frances Anderson presented a plaque to Clyde Holmes upon his retirement from the City of Terrell.

Mayor Frances Anderson presented a plaque to Chief of Police Jeff Whitt on behalf of Nathan Mumphrey for his retirement from the City of Terrell.

4. Consider Approval of Regular City Council Meeting Minutes of June 4, 2002 and Special City Council Meeting and Workshop Minutes of June 6, 2002.

Councilmember Rick Carmona made a motion to approve the Regular City Council Meeting Minutes of June 4, 2002 and Special City Council Meeting and Workshop Minutes of June 6, 2002. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

5. Discuss and Consider Appointment of District 3 Representative to Fill the Unexpired Term of Council Member District No. 3.

Councilmember Rick Carmona nominated Debra Kelley to represent District 3 to Fill the Unexpired Term of Council Member District No. 3. Councilmember Rick Carmona made a motion to appoint Debra Kelley as District 3 Representative to Fill the Unexpired Term of Council Member District No. 3. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

6. Discuss and Consider Calling a Special Election to Elect District 3 Representative to Fill the Unexpired Term of Council Member District No. 3.

Passed. No action taken.

7. Administer Oath of Office to District 3 Representative Appointed to Fill Unexpired Term of Council Member District No. 3.

City Attorney Mary Gayle Ramsey administered the Oath of Office to District 3 Representative Debra Kelley.


PUBLIC HEARING
8.
a.) Conduct a Public Hearing Regarding Housing Department Annual Plan for Fiscal Year 2002.

City Manager Gordon Pierce and Housing Director Debbie Zajac presented to Council for discussion and consideration Housing Department Annual Plan for Fiscal Year 2002. Mayor Frances Anderson opened the Public Hearing Regarding Housing Department Annual Plan for Fiscal Year 2002. No one spoke for or against the Housing Department Annual Plan for Fiscal Year 2002. Mayor Pro tem Tommy Spencer made a motion to close the Public Hearing. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

b.) Discuss and Consider Approval of Resolution No. 436 - Approving Submission of Housing Department Annual Plan for Fiscal Year 2002.

Mayor Pro tem Tommy Spencer made a motion to approve Resolution No. 436 - Approving Submission of Housing Department Annual Plan for Fiscal Year 2002. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 436

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, APPROVING THE SUBMISSION OF THE TERRELL HOUSING DEPARTMENT ANNUAL PLAN FOR FISCAL YEAR 2002.


WHEREAS, Section 511 of the Quality Housing and Work Responsibility Act of 1998 (QHWRA) created the public housing agency plans - a 5 year plan and an annual plan.

WHEREAS, the 5-year plan was submitted for Fiscal Year 2000, and this year the Terrell Housing Department is submitting an Annual Plan for Year 3.

WHEREAS, the 5-year plan describes the mission of the agency and the agency's long range goals and objectives for achieving its mission over the subsequent 5 years.

WHEREAS, the annual plan provides details about the agency's immediate operations, program participants, programs and services, and the agency's strategy for handling operational concerns, residents' concerns and needs, and programs and services for the upcoming year.

WHEREAS, notice was published and the Plans have been on display at the Terrell Housing Department Offices at 115 N. Adelaide, Suite 305, Terrell, TX, 75160. The Plans will remain on display and serve as a resource library for the community, while eliminating the need for extensive submissions to HUD.

BE IT RESOLVED, that the City Council of the City of Terrell, Texas, (acting as the Board of Commissioners for the Section 8 Rental Assistance Program) hereby approves for submission the attached PHA Certifications of Compliance and Board Resolution.

APPROVED THIS 18th day of June, 2002.

NEW BUSINESS
9.
c.) Discuss and Consider All Matters Incident and Related to the Issuance and Sale of $4,500,000 Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2002, Including the Receipt of Bids Therefore.

Councilmember Rick Carmona made a motion to accept the bid of Morgan Stanley DW Inc and Associates for the purchase of $4,500,000 "City of Terrell, Texas Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2002" at a true interest cost rate of 4.513899% and adopt the Ordinance authorizing the issuance of such Certificates of Obligation. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

d.) Discuss and Consider Adoption of Ordinance No. 2117 - Authorizing the Issuance of "CITY OF TERRELL, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2002"; Specifying the Terms and Features of Said Certificates; Providing for the Payment of Said Certificates of Obligation by the Levy of an Ad Valorem Tax Upon All Taxable Property Within the City and a Pledge of the Net Revenues from the Operation of the City's Waterworks and Sewer System; and Resolving Other Matters Incident and Relating to the Issuance, Payment, Security, Sale and Delivery of Said Certificates, Including the Approval and Executive of a Paying Agent/Registrar Agreement and Approval and Distribution of an Official Statement; and Providing an Effective Date.

Ordinance No. 2117

Authorizing the Issuance of "CITY OF TERRELL, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2002"; Specifying the Terms and Features of Said Certificates; Providing for the Payment of Said Certificates of Obligation by the Levy of an Ad Valorem Tax Upon All Taxable Property Within the City and a Pledge of the Net Revenues from the Operation of the City's Waterworks and Sewer System; and Resolving Other Matters Incident and Relating to the Issuance, Payment, Security, Sale and Delivery of Said Certificates, Including the Approval and Executive of a Paying Agent/Registrar Agreement and Approval and Distribution of an Official Statement; and Providing an Effective Date.


10. Discuss and Consider Request for Extension of Temporary Use Permit by Tom Norton for Property Described as 52.5 Acres, J.C. Hale Survey, Abstract 202.

City Manager Gordon Pierce presented to Council for discussion and consideration Request for Extension of Temporary Use Permit by Tom Norton for Property Described as 52.5 Acres, J.C. Hale Survey, Abstract 202 for ninety (90) days. Mayor Pro tem Tommy Spencer made a motion to extend the Permit ninety (90) days beginning July 1, 2002. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

11. Discuss and Consider Charter Amendments as Presented by the Charter Review Committee.

City Manager Gordon Pierce and Richard Stanford presented to Council for discussion and consideration Charter Amendments as Presented by the Charter Review Committee. Councilmember Rick Carmona made a motion to table this item to a future workshop. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

12. Receive Report from Kaufman County Solid Waste Management Cooperative, Inc.

Charlotte Gilmore presented to Council a Report from the Kaufman County Solid Waste Management Cooperative, Inc. There was no action taken by Council on this item.

13. Discuss and Consider Terrell Economic Development Corporation Recommendation for Approval of Utility Extension Along TemTex Boulevard.

Danny Booth presented to Council for discussion and consideration Terrell Economic Development Corporation Recommendation for Approval of Utility Extension Along TemTex Boulevard. Councilmember Floyd Trammell made a motion to approve Utility Extension Along TemTex Boulevard in the amount of $20,711.00. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

14. Discuss and Consider Terrell Economic Development Corporation Recommendation for Approval of Change Order No. 2 for TemTex/Rexel Extension Project.

Danny Booth presented to Council for discussion and consideration Terrell Economic Development Corporation Recommendation for Approval of Change Order No. 2 for TemTex/Rexel Extension Project. Councilmember Rick Carmona made a motion to approve Change Order No. 2 for TemTex/Rexel Extension Project in the amount of $15,772.00. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

15. Discuss and Consider Approval of Ordinance No. 2120 - Vacating Harrell Street Between Henderson and Pennie.

City Manager Gordon Pierce and City Engineer Stan Ballard presented to Council for discussion and consideration Ordinance No. 2120 - Vacating Harrell Street Between Henderson and Pennie. Stewart David spoke to Council regarding purchasing the lots for future development. Councilmember Rick Carmona made a motion to deny Ordinance No. 2120 - Vacating Harrell Street Between Henderson and Pennie. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

16. Discuss and Consider Approval of a Lease of Airport Property to Powerflow Systems.

City Engineer Stan Ballard presented to Council for discussion and consideration Approval of a Lease of Airport Property to Powerflow Systems. Mayor Pro tem Tommy Spencer made a motion to approve Lease of Airport Property to Powerflow Systems. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes -none. Motion carried.

17. Discuss and Consider Approval of Resolution No. 435 - Designating Persons Authorized to Request and Sign for Funds under the Texas Capital Fund Project.

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 435 - Designating Persons Authorized to Request and Sign for Funds under the Texas Capital Fund Project. Councilmember Rick Carmona made a motion to approve Resolution No. 435 - Designating Persons Authorized to Request and Sign for Funds under the Texas Capital Fund Project. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 435

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, DESIGNATING PERSONS AUTHORIZED TO REQUEST AND SIGN FOR FUNDS UNDER THE CITY'S TEXAS CAPITAL FUND PROJECT.

WHEREAS, the City Council of the City of Terrell must designate persons authorized to sign on behalf of the city for funds available through the Texas Capital Fund.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Terrell, Texas as follows:

SECTION 1. That the following persons are hereby approved and designated as the authorized signatories for the city's participation in the Texas Capital Fund:

1.) John Rounsavall, City Secretary / Finance Director - State Purchase Voucher
2.) Torry L. Edwards, Assistant City Manager - Request for Advancement &
Reimbursements.
3.) Gordon C. Pierce, City Manager - State Purchase Voucher.
4.) Frances R. Anderson, Mayor - Request for Advancement & Reimbursements.


PASSED AND APPROVED this the 18th day of June, 2002.

Attachment 9-F

APPOINTMENT OF
FAIR HOUSING / EQUAL OPPORTUNITY STANDARDS OFFICER
(May also act as Section 504 Coordinator, see page 8-7)

City/County: City of Terrell Texas Community Development
Address: Post Office Box 310 Program Contract No. 718242
Terrell, Texas 75160
Telephone Number: 972-524-3332


I, Frances R. Anderson, do hereby appoint Gordon C. Pierce, as the Fair Housing /Equal Opportunity Standards Officer for the City of Terrell.

The Fair Housing / Equal Opportunity Standards Officer shall be responsible for the oversight and compliance of fair housing and equal opportunity activities to be performed by the City of Terrell as required by the Texas Community Development Program Contract No. 718242.

The Fair Housing / Equal Opportunity Standards Officer should be familiar with all civil rights laws and regulations pertaining to the Texas Community Development Program, including those described on page 8-3 of this manual and those listed on Exhibit D of the TCDP contract.

Fair Housing / Equal Opportunity Standards Officer:___________________________
Gordon C. Pierce, City Manager

_______ Check if also acting as Section 504 Coordinator (required if locality employs 15 or more persons)

Appointed by: ______________________________
Frances R. Anderson, Mayor

Date: June 18, 2002

Attachment 2-B

TEXAS COMMUNITY DEVELOPMENT PROGRAM
DEPOSITORY / AUTHORIZED SIGNATORIES DESIGNATION FORM


Contractor: City of Terrell TCDP Contract No. 718242

I.) The financial lending institution listed here will serve as the depository for the Texas Community Development program contract funds:

American National Bank
Post Office Box 40
Terrell, Texas 75160

Fund Account No. ____________


II.) The individuals listed below are designated by resolution as authorized signatories for the following contractual documents:

State of Texas Purchase Vouchers - (at least two (2) signatories required)

John Rounsavall, City Secretary Gordon C. Pierce, City Manager


_____________________________ ___________________________


Request for Advance Reimbursement - (at least two (2) signatories required)

Torry L. Edwards, Assistant City Manager Frances R. Anderson, Mayor


_____________________________ ___________________________


(THIS FORM SUPERSEDES ALL OTHERS) Date submitted: June 18, 2002


18. Discuss and Consider Allocation of Additional Funds from Reserve to Assist in Funding "Summer Daze" at Southwestern Christian College.

City Manager Gordon Pierce and Ms. Cathey presented to Council for discussion and consideration Allocation of Additional Funds from Reserve to Assist in Funding "Summer Daze" at Southwestern Christian College. Councilmember Debra Kelley made a motion to approve $3,500.00 from Reserve to Assist in Funding "Summer Daze" at Southwestern Christian College. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

19. Discuss and Consider Appointments to the Terrell Tourism Board.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Terrell Tourism Board. Mayor Frances Anderson appointed Nelda Wallace. Mayor Pro tem Tommy Spencer appointed Chester Lloyd. Councilmember Floyd Trammell appointed Carman Barnes. Councilmember Debra Kelley appointed Barbara Willie. Councilmember Rick Carmona appointed David Mallard. Janice Marie Yates and Gary Gregg were also appointed. Councilmember Rick Carmona made a motion to approve appointments to the Terrell Tourism Board. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

20. Discuss and Consider Appointments to the Building Standards Commission.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Building Standards Commission. Mayor Frances Anderson recommended Chad Davis for appointment to the Building Standards Commission. Mayor Pro tem Tommy Spencer made a motion to appoint Chad Davis to the Building Standards Commission. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

21. Hear Remarks from Visitors.

Linda Mikus spoke to Council regarding the increase in police calls for service.
Ron Hardin spoke to Council regarding a Corridor Program to address heavy traffic in the downtown area.

OLD BUSINESS
CONSENT AGENDA

22. Receive City Manager's Reports and Correspondence:

City Manager Gordon Pierce presented reports and correspondence to the Council.

e.) Correspondence Commending Staff in the Utility Department.
f.) Resolutions for 2002 TML Annual Conference.
g.) Discuss Setting Date, Time and Location for Workshop with Area Water Supply Corporations.

Mayor Frances Anderson and City Manager Gordon Pierce are to schedule tentative date in mid July for Workshop with Area Water Supply Corporations.

h.) Discuss Location for Council Budget Retreat Scheduled for Monday, June 24, 2002.

Retreat to be held at the Holiday Inn Select in Dallas, Texas.

i.) Discuss Schedule for Public Hearing to Discuss and Consider Revised Comprehensive Land Use Plan.

The Public Hearing to Discuss and Consider Revised Comprehensive Land Use Plan is scheduled for June 20, 2002 at 7:00 p.m.

23. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss the Following:
j.) Section 551.074 - Personnel Matters - Appointment of or Election of Representative of Council District 3.
k.) Section 551.071 - Pending or Contemplated Litigation to Seek Legal Counsel on a Matter which the Canon of Legal Ethics Demands to Preserve the Attorney Client Privilege Pursuant to Section 551.071(2) of the Texas Government Code.

Council adjourned into Executive Session.

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

There was no action taken in Executive Session.

25. Adjourn.

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

____________________________________
Frances Anderson, 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
 


Copyright  2002
City of Terrell

All rights reserved


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