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Minutes 

REGULAR CITY COUNCIL MEETING

SEPTEMBER 17, 2002

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, September 17, 2002 in the City Council Chambers at 7:00 P.M. with the following members present:

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

1. Call to order.

Mayor Frances Anderson called the meeting to order.

2. Invocation.

Jack Jones gave the opening prayer.

3. Consider Approval of City Regular City Council Meeting Minutes of September 3, 2002.

Councilmember Floyd Trammell made a motion to approve the Regular City Council Meeting Minutes of September 3, 2002. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING
4.
a.) Conduct a Public Hearing to Receive Public Com ment on a Request for Zone Change on Property Described as Being a 20.018 Acre Tract of Land Situated in the J. McEnturff Survey Abstract No. 40 and Being a Portion of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P. as Recorded in Volume 1839, Page 50, of the Deed Records of Kaufman County, Texas, from the Current Zoning of Agriculture (A) and Single-Family (1F-2) to General Residence (GR).

Mayor Frances Anderson opened a Public Hearing to Receive Public Comment on a Request for Zone Change on Property Described as Being a 20.018 Acre Tract of Land Situated in the J. McEnturff Survey Abstract No. 40 and Being a Portion of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P. as Recorded in Volume 1839, Page 50, of the Deed Records of Kaufman County, Texas, from the Current Zoning of Agriculture (A) and Single-Family (1F-2) to General Residence (GR). City Manager Gordon Pierce gave opening comments. Three people spoke for the zone change. Six people spoke against the zone change. One person spoke for and against the zone change. Mayor Anderson closed the public hearing.

b.) Discuss and Consider Approval of Ordinance No. 2130 - Zone Change on Property Described as Being a 20.018 Acre Tract of Land Situated in the J. McEnturff Survey Abstract No. 40 and Being a Portion of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P. as Recorded in Volume 1839, Page 50, of the Deed Records of Kaufman County, Texas, from the Current Zoning of Agriculture (A) and Single-Family (1F-2) to General Residence (GR).

Councilmember Floyd Trammel made a motion to approve Ordinance No. 2130. Motion died for lack of second. Councilmember Rick Carmona made a motion to deny Ordinance No. 2130. The motion was seconded by Councilmember Debra Kelley. Ayes - Rick Carmona, Debra Kelley, Tommy Spencer and Frances Anderson. Nayes - Floyd Trammell. Motion carried.

5.

c.) Conduct a Public Hearing to Receive Public Comment on a Request for Zone Change on Property Described as Being a 117.712 Acre Tract of Land Situated in the J. McEnturff Survey Abstract No. 340 and Being a Portion of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P., as Recorded in Volume 1839, Page 50, of the Deed Records of Kaufman County, Texas and All of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P. as Recorded in Volume 1839, Page 46, from the current zoning of Agriculture (A) and Single-Family (1F-2) to General Residence (GR).

Mayor Frances Anderson conducted a Public Hearing to Receive Public Comment on a Request for Zone change on Property Described as Being a 117.712 Acre Tract of Land Situated in the J. McEnturff Survey Abstract No. 340 and Being a Portion of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P., as Recorded in Volume 1839, Page 50, of the Deed Records of Kaufman County, Texas and All of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P. as Recorded in Volume 1839, Page 46, from the current zoning of Agriculture (A) and Single-Family (1F-2) to General Residence (GR). City Manager Gordon Pierce gave opening comments. Two people spoke for the zone change. Four people spoke against the zone change. Mayor Pro tem Tommy Spencer made a motion to table Ordinance No. 2131. Motion fails for lack of second. Councilmember Floyd Trammell made a motion to table the public hearing and continue the meeting to Tuesday, September 24, 2002 at 5:30 p.m. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

d.) Discuss and consider approval of Ordinance No. 2131 - Zone Change on Property Described as Being a 117.712 Acre Tract of Land Situated in the J. McEnturff Survey Abstract No. 340 and Being a Portion of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P., as Recorded in Volume 1839, Page 50, of the Deed Records of Kaufman County, Texas and All of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P. as Recorded in Volume 1839, Page 46, from the current zoning of Agriculture (A) and Single-Family (1F-2) to General Residence (GR).

No action taken.
NEW BUSINESS

6. Consider Approval of Contract Change No. 2 to Agreement with Freese & Nichols, Inc. for Conducting an Evaluation of the Wastewater System.

Stan Ballard, City Engineer presented to Council for consideration Contract Change No. 2 to the Agreement with Freese & Nichols, Inc. for Conducting an Evaluation of the Wastewater System. Councilmember Rick Carmona made a motion to approve Change No. 2 to the Agreement with Freese & Nichols, Inc. for Conducting an Evaluation of the Wastewater System. The motion was seconded by Councilmember Debra Kelley. Ayes - Tommy Spencer, Debra Kelly, Rick Carmona, Frances Anderson; Nayes - Floyd Trammel. Motion carried.

7. Consider Bid and Award of Contract for Two Hangar Buildings to be Erected at the Municipal Airport.

City Manager Gordon Pierce recommended tabling this item to the October 1, 2002 Regular City Council Meeting. Councilmember Rick Carmona made a motion to table Bid and Award of Contract for Two Hangar Buildings to be Erected at the Municipal Airport to the October 1, 2002 Council meeting. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

8. Consider Approval of Resolution No. 440 - Authorizing the Submission of an Application for Grant under the Texas Community Development Program.

City Manager Gordon Pierce and City Engineer Stan Ballard presented to Council for discussion and consideration Resolution No. 440 - Authorizing the Submission of an Application for Grant under the Texas Community Development Program. Mayor Pro tem Tommy Spencer made a motion to approve Resolution No. 440 - Authorizing the Submission of an Application for Grant under the Texas Community Development Program. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 440

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, APPROVING AND AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FUNDING THROUGH THE OFFICE OF RURAL COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM.

WHEREAS, the City Council of the City of Terrell desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low/moderate income; and

WHEREAS, it is necessary and in the best interests of the City of Terrell to apply for funding under the 2003-2004 Texas Community Development Program;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TERRELL as follows:

SECTION 1. That a Texas Community Development Program application for the Community Development Fund is hereby approved and authorized to be filed on behalf of the City with the Office of Rural Community Affairs..

SECTION 2. That the City's application be considered for funding under the Community Development Fund.

SECTION 3. That the City's application be for $250,000 to carry out water system improvements and a portion of project administration.

SECTION 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and authorized representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program.

SECTION 5. That it further be stated that the City is committing local funds in the amount of $86,750 for a portion of construction activities, $44,000 for engineering activities and $9,000 for a portion of project administration activities for a total of $139,750 towards this water system improvements project.

Passed and Approved on this 17th day of September, 2002.

9. Discuss and Consider Joint Meeting of Terrell City Council and Terrell Economic Development Corporation.

City Manager Gordon Pierce presented to Council for discussion and consideration Joint Meeting of Terrell City Council and Terrell Economic Development Corporation. This item was passed to the September 24, 2002 Special City Council Meeting.

10. Discuss and Consider Date, Time, and Location for City Council Fall Workshop / Retreat.

City Manager Gordon Pierce presented to Council for discussion and consideration Date, time and Location for City Council Fall Workshop/Retreat. This item was passed to the September 24, 2002 Special City Council Meeting.

11. Hear Remarks from Visitors.

Ben Mikus, 108 Lexington, spoke to Council with a question regarding the Economic Development Corporation.

OLD BUSINESS
CONSENT AGENDA

12. Discuss and Consider Approval of Ordinance No. 2126 - Adopting City of Terrell Fiscal Year 2002-2003 Budget.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2126 - Adopting City of Terrell Fiscal Year 2002-2003 Budget. Mayor Pro tem Tommy Spencer made a motion to adopt Ordinance No. 2126 - Adopting City of Terrell Fiscal Year 2002-2003 Budget. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2126

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, as required by Article V. of the City Charter, the City Manager has prepared and submitted to the City Council a proposed budget of revenues and expenditures for conducting the affairs of the City and providing a complete financial plan for the fiscal year beginning October 1, 2002 and ending September 30, 2003; and

WHEREAS, the City Council has received the City Manager's proposed budget, a copy of which and all supporting schedules have been filed with the City Secretary of the City of Terrell, Texas; and

WHEREAS, the City Council has conducted the necessary public hearings as required by law;

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

SECTION 1. That the proposed budget of the revenue and expenditures necessary for conducting the affairs of the City of Terrell, Texas, is as follows:

General Fund $11,932,531
Utility Fund $ 6,073,887
Utility Capital Reserve Fund $ 651,500
Equipment Replacement Fund $ 885,356
Airport Fund $ 164,950
Development Incentive Fund $ 658,826
Interest & Sinking No. 1 Debt Service Fund $ 1,053,441
Interest & Sinking No. 2 Debt Service Fund $ 560,059
Tourism Fund $ 160,000
Permanent Street Improvement Fund $ 400,000

and provides a complete financial plan for the fiscal year beginning October 1, 2002 and ending September 30, 2003 as submitted to the City Council by the City Manager, attached hereto as Exhibit "A", and the same is hereby adopted and approved as the budget of the City of Terrell, Texas for the fiscal year beginning October 1, 2002 and ending September 30, 2003.

SECTION 2. That the sum of $22,540,550.00 is hereby appropriated for the payment of the expenditures established in the approved budget for the fiscal year beginning October 1, 2002 and ending September 30, 2003.

SECTION 3. That the expenditures during the fiscal year beginning October 1, 2002 and ending September 30, 2003 shall be made in accordance with the budget approved by this ordinance unless otherwise authorized by a duly enacted ordinance of the City of Terrell, Texas.

SECTION 4. That all budget amendments and transfers of budgeted appropriations from one account to another account within any classification for the fiscal year 2001-2002 are hereby ratified and the budget Ordinance for fiscal year 2001-2002 heretofore enacted by the City Council be and the same is hereby amended to the extent of such transfers and amendments for all purposes.

SECTION 5. That specific authority is given to the City Manager to make the following adjustments:

1. Transfer of appropriations budgeted from one account classification to another account classification within the same department.
2. Transfer of appropriations from designated appropriation from one department or activity to another department or activity with the same fund.

SECTION 6. That all provisions of the Ordinances of the City of Terrell, Texas in conflict with the provisions of this ordinance be and the same are hereby repealed and all other provisions of the Ordinances of the City of Terrell, Texas not in conflict with the provisions of this Ordinance shall remain in full force and effect.

SECTION 7. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional.

SECTION 8. This Ordinance shall take effect from and after its passage as the law and charter in such cases provide.

Passed and approved this the 3rd day of September, 2002.
Passed and adopted this the 17th day of September, 2002.

13. Discuss and Consider Approval of Ordinance No. 2127 - Setting the Tax Rate for 2002.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2127 - Setting the Tax Rate for 2002. Councilmember Floyd Trammel made a motion to approve Ordinance No. 2127 - Setting the Tax Rate for 2002. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - None. Motion carried.

ORDINANCE NO. 2127

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, FIXING THE TAX RATE OF ALL TAXABLE PROPERTY WITHIN THE CITY OF TERRELL, TEXAS, FOR THE YEAR 2002 AND LEVYING AND ORDERING COLLECTION FOR THE YEAR 2002 AND PROVIDING TO SECURE THE PAYMENT OF TAXES ASSESSED.

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

That there be and is hereby levied and ordered collected on each One Hundred Dollar ($100.00) valuation of all taxable property, both real and personal, and all property of every kind and description subject to taxation within the corporate limits of the City of Terrell, Texas, on January 1, 2003, the sum of $0.65 based on 10% of the fair market value. Said rate of ad valorem tax is levied for the following purposes and the following amounts:

General Fund $0.4671
Interest/Sinking Fund $0.1829

SECTION II.

That all taxes collected by the city and districts for which it is collecting taxes, shall be payable on October 1, and if such taxes are not paid in full on or before January 31, of the succeeding year, the following penalties shall be payable: During the month of February, Six (6%) percent of amount of tax, plus 1% for each additional month delinquent, to a maximum of 12% beginning July 1. All delinquent taxes shall bear interest at the rate of one (1%) for each month or portion of month the tax remains delinquent.

SECTION III.

There is hereby on each and every item of taxable property a lien for the purpose of securing the certain payment of taxes assessed against said item of property, and said lien shall continue to exist against any item of property against which a tax is assessed hereunder until such tax, together with all interest, shall be paid.

SECTION IV.

That there be and there is hereby levied and ordered collected an annual occupation tax of fifty (50%) percent of the State occupation tax on each and every occupation subject to an occupation tax under the laws of the State of Texas.

SECTION V.

That this ordinance shall take effect and be in force from and after its passage and adoption.

Passed and approved this the 3rd day of September, 2002.
Passed and adopted this the 17th day of September, 2002.

14. Receive City Manager's Reports and Correspondence - 79th Congress of Cities & Exposition (December 3-7, 2002) ~ Salt Lake City, Utah

City Manager Gordon Pierce presented Reports and Correspondence to the City Council.

15. 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
 

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City of Terrell
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