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REGULAR CITY COUNCIL MEETING

OCTOBER 21, 2003

7:00 P.M.


A regular meeting of the Terrell City Council was held on Tuesday, October 21, 2003 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.

Councilmember Floyd Trammell gave the opening prayer.

3. Employee Recognition.

Councilmember Debra Kelley recognized Scott Boyd, Code Enforcement Officer.
Councilmember Tommy Spencer recognized Sergeant Patrick Dewberry.
Mayor Pro tem Rick Carmona recognized Sergeant Richard Peavy.
Mayor Frances Anderson recognized Assistant Chief of Police Michael Shewmake.

4. Consider Approval of Special City Council Meeting and Workshop Minutes of October 7, 2003 and Regular City Council Meeting Minutes of October 7, 2003.

Mayor Pro tem Rick Carmona stated for the record that Councilmember Floyd Trammell was present at the Special City Council Meeting held on October 7, 2003.

Councilmember Floyd Trammell made a motion to approve the Special City Council Meeting and Workshop Minutes of October 7, 2003 and Regular City Council Meeting Minutes of October 7, 2003. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

5.
a.) Conduct a Public Hearing to Receive Comment on a Request for a Specific Use Permit for a Community Center (Public) at 101 E. Brin Street, Described as Lots 3 & 4, Block 46, Terrell Original.

Mayor Frances Anderson opened a Public Hearing to Receive Comment on a Request for Specific Use Permit for a Community Center (Public) at 101 E. Brin Street, Described as Lots 3 & 4, Block 46, Terrell Original. No comments were received. Councilmember Floyd Trammell made a motion to close the Public Hearing. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

Councilmember Tommy Spencer made a motion to re-open the Public Hearing. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

Councilmember Tommy Spencer made a motion to continue the Public Hearing to the November 4, 2003 Regular City Council Meeting at 7:00 p.m. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

b.) Discuss and Consider Approval of Ordinance No. 2203 - Approving a Specific Use Permit for a Community Center (Public) at 101 E. Brin Street, Described as Lots 3 & 4, Block 46, Terrell Original.

Mayor Pro tem Rick Carmona made a motion to table Ordinance No. 2203 - Approving a Specific Use Permit for a Community Center (Public) at 101 E. Brin Street, Described as Lots 3 & 4, Block 46, Terrell Original. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

6. Discuss and Consider Approval of a Recommendation by the Planning and Zoning Commission for a Preliminary Plat of Town North Estates No. 4.

City Manager Gordon Pierce and Stan Ballard, City Engineer presented to Council for discussion and consideration a Recommendation by the Planning and Zoning Commission for a Preliminary Plat of Town North Estates No. 4. Councilmember Floyd Trammell made a motion to approve the Recommendation by the Planning and Zoning Commission for a Preliminary Plat of Town North Estates No. 4. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

7. Discuss and Consider November Meeting Schedule.

Council by consensus agreed to conduct the Regular City Council Meeting scheduled for November 18, 2003.

8. Hear Remarks from Visitors.

Horace Flatt invited Council to the Frank Reaugh Painting Exhibit. He also invited Council to the Porter Farms Celebration. The marker dedication will begin at 9:30 a.m. on October 25, 2003.

OLD BUSINESS
CONSENT AGENDA

Councilmember Floyd Trammell made a motion to adopt Ordinance No. 2199, Ordinance No. 2200, Ordinance No. 2201 and Ordinance No. 2202 on second reading on CONSENT AGENDA. The motion was seconded by Councilmember Debra Kelley. Ayes -all; Nayes - none. Motion carried.

9. Discuss and Consider Adoption on Second Reading Ordinance No. 2199 - Calling for a City Charter Amendment Election on February 7, 2004.

ORDINANCE NO. 2199

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CALLING A SPECIAL ELECTION OF THE QUALIFIED VOTERS OF THE CITY OF TERRELL, TEXAS ON THE 7TH DAY OF FEBRUARY 2004, FOR THE PURPOSE OF AMENDING THE CITY CHARTER OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR NOTICE OF SAID ELECTION; DESIGNATING ELECTION PRECINCTS; APPOINTING ELECTION OFFICIALS; PROVIDING FOR THE USE OF ELECTRONIC VOTING EQUIPMENT; PROVIDING FOR EARLY VOTING; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

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

ARTICLE I.

THAT in compliance with the Charter of the City of Terrell, Texas and in accordance with the laws and the Constitution of the State of Texas, there is hereby ordered a special election to be participated in by the qualified voters of the City of Terrell, Texas to be held on the first Saturday in February, 2004 the same being the 7th day of said month, for the purpose of holding an election for submission of amendments to the existing City Charter of the City of Terrell, Texas, which City Charter was adopted by the people, pursuant to Section 12.12 of the Home Rule Charter for the City of Terrell, Texas and V.T.C.A., Local Government Code 9.004.

ARTICLE II.

THAT the City Secretary of said City Shall prepare ballots to be used in said election.

ARTICLE III.

THAT the following are the proposed amendments to the Home Rule Charter for the City of Terrell, Texas, to be voted upon;

Amendment No. 1:

To amend Article I, "Incorporation, Form of Government, Powers", Section 1.05 "Public Improvements", subsection (a) Streets, to read:

(a.) Streets - The City of Terrell shall have exclusive dominion, control, and jurisdiction in, upon, and over and under the public streets, avenues, alleys, and highways of the City of Terrell, and may provide for the improvement thereof by paving, repaving, raising, draining, or otherwise. The provisions of Texas Transportation Code, Sections 311.001 and 313.001, together with existing amendments and all such amendments as hereinafter may be made, and acts supplementary thereto, now or thereafter enacted are expressly adopted and made a part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys, and highways of the City of Terrell shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires, or other property.

Amendment No. 2:

To amend Article I, "Incorporation, Form of Government, Powers", Section 1.05 "Public Improvements", subsection (b) Other Improvements, to read:

(b.) Other Improvements - The City of Terrell shall have the power to provide for the improvement of drainage facilities and to extend its water and sewer systems and assess a part of the cost of such improvements against abutting property owners as in the case for street improvements according to the procedures set forth in Texas Transportation Code Sections 311.001 and 313.001, and fix a lien to secure the cost of such assessments as therein provided and issue assignable certificates provided, however, such assessments for improvements authorized by this section shall not exceed the enhanced value to said abutting property resulting from such improvements.

Amendment No. 3:

To amend Article II "The City Council", Section 2.01 "Composition, Eligibility, Election and Terms", to read:

(b.) Eligibility - Delete subsection (4): "Must not be in arrears in payment of taxes or other liabilities due the City of Terrell".
Renumber remaining items.

Amendment No. 4:

To amend Article II "The City Council", Section 2.01 "Composition, Eligibility, Election and Terms" to read:

(c.) Election and Terms of Office
The Mayor and the four (4) district council members shall be elected, and hold office, unless sooner removed under the provisions of this charter and the laws of the State of Texas for a term of three (3) years.

Amendment No. 5:

To amend Article II "The City Council", Section 2.01 "Composition, Eligibility, Election and Terms" to read:

(d.) Initial Election and Initial Terms
The Mayor shall be elected from the city at large and the four (4) district council members shall be elected by the voters in their respective districts commencing with the next regular municipal election. The council members from districts no. 2 and 4 shall serve an initial term of two (2) years when elected during the regular election on the third Saturday in May 2004. The Mayor shall be elected to serve a term of three (3) years when elected during the regular election held on the third Saturday in May 2004. Each office holder, including council members from districts no. 3 and 5, shall run thereafter upon the expiration of their terms.

Amendment No. 6:

To amend Article II, "The City Council", Section 2.04 "Mayor Pro Tem", to read:

2.04 Mayor Pro Tem / Deputy Mayor Pro Tem
The mayor pro tem and deputy mayor pro tem shall be duly elected council members who shall be chosen by a majority of the city council at a regular meeting following each municipal election. The mayor pro tem shall act as mayor during the absence or disability of the mayor, and the deputy mayor pro tem shall act as mayor during the absence or disability of both the mayor and mayor pro tem. If a vacancy occurs in the office of mayor, the mayor pro tem shall become mayor to serve through the unexpired term of the mayor he succeeds.

Amendment No. 7:

To amend Article II, "The City Council", Section 2.05 "Vacancies", to read:

A vacancy of the Council may result from the resignation, death, disability, or absence of a Council Member. In the case of absence from meetings, a council member who fails to attend three (3) consecutive regular meetings of the City Council without being granted an excused absence by the City Council shall be deemed to have vacated the office by such absences.

Any member of council who ceases to possess the required qualifications for office or who is convicted of a felony or of a misdemeanor involving moral turpitude or is convicted of violating Section 171 of the Local Government Code concerning conflict of interest shall forfeit his office. Every forfeiture shall be declared and enforced by a majority of the Council.

(a.) The remaining members of the City Council shall, by a majority vote thereof, at a regular meeting elect a member or members to fill the vacancy or vacancies thus existing; and such member or members so elected by the City Council shall serve in such position until the next regular municipal election, at which time the candidate then elected shall serve for the remaining term of office or for the succeeding term of office.

(b.) A person selected to fill a vacancy on the city council shall serve only until the next regular municipal election for that place.

(c.) If a candidate duly elected to the City Council at the regular election fails to take the oath of office on or before 10 days after the beginning of the term, then that place shall be considered vacant and filled as herein provided for other vacancies. In the event such a candidate, elected to the City Council at a special election, fails to take the oath of office on or before 10 days after the official canvass of the election, then that place shall be considered vacant and filled as herein provided for other vacancies.

Amendment No. 8:

To amend Article II "The City Council", Section 2.07 "Prohibitions" to read:

(a.) Holding or Running for Other Office: No person elected to the city council, shall during the term for which he was elected, be appointed to any position of profit or trust in the service of the city. If a member of any board appointed by the council or any other appointive officer of the city shall become a candidate for nomination or election to any public office, such announcement or candidacy shall constitute an automatic resignation of his place or position with the city.

If a member of the City Council becomes a candidate for nomination or election to any public office other than a place on the City Council or if he becomes a candidate for election to any different place on the city council requiring him to take office prior to the end of his elective term, such announcement or candidacy shall constitute an automatic resignation of his place on the City Council.

(b.) City Employees Holding or Running for Other Office: If any employee of the city shall become a candidate for nomination or election to any elective public office of profit or trust or the governing body of the City of Terrell, other than a municipal civil service employee as set forth in Section 143.086, Texas Local Government Code, such announcement or candidacy shall constitute an automatic resignation of his place or position with the city.

(c.) Appointments and Removals: No administrative officer or employee appointed by the city manager or any of his subordinates may be removed from office by the city council, nor may the council dictate the appointment or removal of such officer or employee. However, council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees.

(d.) Interference with Administration: Except for the purpose of inquiries and investigations under Section 2.10, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employees, either publicly or privately.

Amendment No. 9:

To amend Article II "The City Council", Section 2.12 "Procedure" to read:

(a.) Meetings - The council shall meet regularly at least once every month at such times and place as the Council may prescribe. Special meetings may be held on the call of the Mayor or two (2) or more council members and unless declared an emergency, no less than seventy-two (72) hour notice shall be provided the public and each member. In case of a declared emergency the notice provisions of State Law shall be followed. All meetings shall be public; however, the council may recess for the purpose of discussing in a closed or executive session matters not expressly prohibited by state law to be deliberated on in executive or closed sessions.

Amendment No. 10:

To amend Article II "The City Council", Section 2.12 "Procedure" to read:

(b.) Notice of Meetings - Written notice of the date, place, and subject of each meeting held by the city council shall be given before the meeting to the local news media and by having such notice posted on a bulletin board to be located at a place convenient to the public in the city hall for at least seventy-two (72) hours preceding the day of the meeting. However, in cases of emergency or urgent public necessity, which shall be expressed in the notice, the notice shall be posted three (3) hours before the meeting is convened or called to order. The notice provisions of this charter shall follow State Statues current at the time or the city charter, whichever is most restrictive.

Amendment No. 11:

To amend Article II "The City Council", Section 2.12 "Procedure" to read:

(d.) Voting and Quorum - Any three (3) members of the City Council shall constitute a quorum for the transaction of any business. The mayor shall be considered a regular member of the city council for purposes of constituting a quorum and be entitled to vote as provided in Section 2.03. No action of the council except as otherwise provided in the preceding sentence and in Section 2.05 shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the city council, which shall be taken by "Yea" or "Nay" vote, and entered into the official record.

Amendment No. 12:

To amend Article II "The City Council", Section 2.13 "Ordinances" to read:

(b.) Procedure - Any proposed ordinance or resolution shall be introduced in written or printed form and discussed by Council on an agenda posted in accordance with the open meetings law of the State of Texas. Upon introduction of any ordinance, a copy shall be distributed to each council member and to the manager and a reasonable number of copies shall be made available in the office of the city secretary and such other public places as the council may designate. No ordinance shall be finally adopted until it has been considered and favorably acted on by the council at two (2) separate meetings of the city council held at least seven (7) days apart except as is otherwise expressly provided for in this charter, or except as authorized by State law. An ordinance may be adopted with or without amendment or rejected, but, if it is amended in substance from the form as first introduced to a degree that substantially changes its context, then the ordinance or its amended sections shall be subjected to all the procedures hereinabove required in the case of a newly introduced ordinance.

Amendment No. 13:

To amend Article IV "Administrative Departments", Section 4.05 "Chief of Police" to delete:

There shall be a chief of police appointed by the city council from recommendations from the city manager, or by any member of the city council, at such compensation as the council shall fix. He may be removed at any time by a majority vote of the city council.

Amendment No. 14:

To amend Article V "Financial Procedures", Section 5.06 "Public Hearing on Budget" to read:

The City Council shall hold a public hearing on the proposed budget. Any taxpayer of the City of Terrell may attend and may participate in the hearing. The City Council shall provide for public notice of the date, time, and location of the hearing on the budget in at least one (1) newspaper of general circulation in the county in which the municipality is located. Notice of the public hearing shall be published not earlier than the 30th day or later than the 10th day before the date of the hearing.

Amendment No. 15:

To amend Article V "Financial Procedures", Section 5. 07 "Proceeding on Adoption of Budget" to read:

At the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget. On final approval of the budget by the governing body, and the municipality, the budget shall be filed with the municipal clerk. Should the Council take no action after the conclusion of the public hearing, the budget, as submitted by the City Manager, shall be deemed to be finally adopted by the Council on September 30.

Amendment No. 16:

To amend Article V "Financial Procedures", Section 5.17 "Sale of City Property" to read:

Before the City of Terrell makes any sale or contract for the sale of any property belonging to the City of Terrell, except utilities, in the form of personal property, having an estimated value of one thousand dollars ($1,000.00) or less, opportunity shall be given for open competition under such rules and regulations as the city council may prescribe.

In the sale of property valued at more than one thousand dollars ($1,000.00) the property shall be advertised for sale and bids in the local newspaper. The contract of sale shall be awarded to the highest responsible bidder, either at auction or upon sealed bids, after such public notice and competition as may be prescribed, and upon such other terms and conditions not inconsistent with express provisions of law and of this charter, as the city council may order; provided the city council shall have the power to reject any and all bids and advertise again. These same procedures shall be used whenever the City of Terrell acts as transfer agent. Sale of land shall be in accordance with provisions of Sections 253.008 and 272.001 of the Texas Local Government Code.

Amendment No. 17:

To amend Article V "Financial Procedures", Section 5.18 "Purchase Procedures", to read:

Expenditures shall be made according to procedures established by ordinance of the city council for all budgeted items not exceeding the dollar amount as set forth under state law. All contracts or purchases exceeding the dollar amount as set forth under state law shall be let to the lowest and best bid by a responsible bidder after there has been an opportunity for competitive bidding in accordance with the requirements of Section 252.021 of the Texas Local Government Code and any amendments related thereto made for hereinafter made by the Legislature of Texas. Provided, however, the council shall have the right to reject any and all bids. Provided further, that the competitive bidding procedure shall not apply where excepted by state statute, including cases of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens or to preserve the property of the city, or when it is necessary to preserve or protect the public health of the citizens of the City, or in the case of unforeseen damage to public property, machinery, or equipment. These provisions shall not apply to contracts for personal or professional services; work done by the city and paid for by the day as such work progresses, and the purchase of land and right-of-way for authorized needs and purposes, but the notice required shall be given only with respect to an intention to issue time warrants with right of referendum.

Amendment No. 18:

To amend Article VII "Tax Administration", Section 7.01 "Tax Assessor-Collector; Appointment" to read:

The City Council shall have the right to appoint a Tax Assessor-Collector, who shall be appointed by the City Council from recommendations from the city manager, or any member of the city council or contract with a third party in accordance with state law. The Tax Assessor-Collector or third party designee shall collect all taxes and special assessments payable to the city. He shall supervise and be responsible for the assessment of all property subject to taxation within the corporate limits of the city for taxation, prepare and maintain property maps and ownership records on all property in the city, shall give all notices and do all other acts required by law for the assessment and collection of all taxes and special assessments levied and for the City of Terrell.

Amendment No. 19:

To amend Article VII "Tax Administration", Section 7.03 "Property Subject to Tax, Method of Assessment" to read:

All property, real, personal or mixed, lying and being within the corporate limits of the City of Terrell on the first day of January, not expressly exempted by law, shall be subject to annual ad valorem taxation at its true market value. The mode and manner of making renditions, tax lists, assessments, tax rolls, delinquent tax rolls, collections and procedures for enforcing collection of such taxes shall be in accordance with the state laws governing the levy and collection of ad valorem taxes by cities, school districts, and counties. The city tax assessor-collector or third party designee shall assess all property which has been omitted from assessment in prior years upon a current supplemental assessment roll. The taxes upon such supplemental assessments shall be due at once, and if not paid within sixty (60) days thereafter, shall be deemed delinquent, and shall be subject to the same penalty and interest as other delinquent taxes for such year. If the ownership of any property should be unknown to the city tax assessor-collector or the third party designee he shall enter that fact in the record.

Amendment No. 20:

To amend Article VII "Tax Administration" to delete:

Section 7.04: Board of Equalization; Appointment; Qualifications.

The City Council shall each year prior to the first day of June appoint three (3) residents, who shall be qualified voters and real property owners, as the board of equalization. Such board shall choose from its membership a chairman. The city tax assessor-collector shall be ex-officio secretary of the board, provided the city tax assessor-collector, with the consent of the city council, may designate some other officer or employee of the city to act in his stead. a majority of said board shall constitute a quorum for the transaction of business. members of the board while serving shall receive such compensation as may be provided for them by the city council.

Section 7.05: Board of Equalization; Public Hearings; Notice to Court.

At the same meeting that the council appoints the board of equalization it shall by ordinance fix the time of the first meeting of the board, which shall be on the first day of June or as soon thereafter as practicable. After such first meeting, the board may reconvene and adjourn from time to time, and as long thereafter as may be necessary it shall hear and determine the complaint of any person in relation to the assessment roll, provided said board shall be finally adjourned by the last day of said month. Whenever said board shall find it their duty to raise the value of any property appearing on the tax lists or tax records of the city, it shall, after having examined such lists and records and corrected all errors appearing therein, adjourn to a day not less than ten (10) days nor more than fifteen (15) days from the date of adjournment, and shall cause the secretary of said board to give written notice to the owner of such property or to the person rendering same of the time to which said board has adjourned, and that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may be served by depositing the same, properly addressed, and postage paid, in the city post office.

Section 7.06: Board of Equalization; Powers and Duties.

It shall be the duty of such board to examine and, if necessary, revise the assessments as returned by the city assessor-collector, to the end that all property within the city shall be assessed as fairly and as uniformly as possible. The board of equalization shall also have the power to:
(a.) Review on complaint of property owners assessment for the purpose of taxation of both real and personal property within the city made by the city assessor-collector;
(b.) Administer oaths;
(c.) Take testimony;
(d.) Hold hearings;
(e.) Adopt regulations regarding the procedure of assessment review; and
(f.) Compel the production of all books, documents and other papers pertinent to the investigation of the taxable values of any person, firm, or corporation having or owning property within the corporate limits of the city subject to taxation."

Section 7.07: Board of Equalization; Records, Approval of Rolls.

The board shall be required to keep an accurate record of all its proceedings, which shall be available for public inspection. Immediately upon completion of its work the board shall certify its approval of the assessment rolls. The decision of the board of equalization on property values shall be final; provided, however, appeals may be taken to a district court having jurisdiction in accordance with state law pertaining thereto.

Amendment No. 21:

To amend Article VII "Tax Administration", Section 7.08 "Taxes; When Due and Payable" to read:

All taxes due the City of Terrell shall be payable at the office of the city assessor-collector or the third party designee and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be no later than October 1.

Amendment No. 22:

To amend Article VII "Tax Administration" Section 7.11 "Additional Power of Council" to read:

Except as otherwise provided by applicable state law, or this charter, the council shall have the power by ordinances for the assessment and collection of all taxes, and to make such rules, regulations, and mode of procedure to enforce the collection by and payment to the tax assessor-collector or third party designee as it may deem expedient, and shall provide such penalties for the failure to pay such taxes as it may deem expedient.

Amendment No. 23:

To amend Article VIII "Initiative, Referendum and Recall", Section 8.03 "Frequency of Election" to read:

Special elections on initiated or referred ordinances shall be held on the nearest uniform election date after such ordinance is certified by the city secretary to be sufficient, and no ordinance on the same subject as an initiated ordinance which has been defeated or on the same subject as a referred ordinance which has been approved at any election may be initiated by the voters within two (2) years from the date of such election.

Amendment No. 24:

To amend Article VIII "Initiative Referendum and Recall", Section 8.06 "Council Consideration and Submission to Voters" to read:

Whenever the council receives a certified initiative or referendum petition from the city secretary, it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read, and provision shall be made for a public hearing upon the proposed ordinance. The council shall take final action on the ordinance not later than sixty (60) days after the date on which such ordinance was submitted to the council by the city secretary. A referred ordinance shall be reconsidered by the council, and its final vote upon such reconsideration shall be upon the question "Shall the ordinance specified in the referendum petition be repealed?".

If the council shall fail to pass an ordinance proposed by the initiative petition, or shall pass it in a form different from that set forth in the petition therefore, or if the council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the voters at the next appropriate election as defined by the Uniform Election Code.

Ordinances submitted to vote of the voters in accordance with the initiative and referendum provisions of this charter shall be submitted by ballot title, which shall be prepared in all cases by the city attorney, but it shall be finally approved by the city council. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance and if a paper ballot is used, it shall have below the ballot title the following propositions, one above the other in the order indicated: "FOR THE ORDINANCE", and "AGAINST THE ORDINANCE". Any number of ordinances may be voted on at the same election, and may be submitted on the same ballot, but any paper ballot used for voting on an initiated or referred ordinance or ordinances shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have below it the same two (2) propositions, one above the other or one preceding the other in the order indicated, and the voter shall be given an opportunity to vote for either of the two (2) propositions and thereby to vote for or against the ordinance.

Amendment No. 25:

To amend Article VIII "Initiative, Referendum, and Recall", Section 8.11 "Recall Elections" to read:

The city secretary shall at once examine the recall petition and if he finds it sufficient and in compliance with the provisions of this article of the charter, he shall within five (5) days submit it to the city council with the city secretary's certificate to that effect, and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice, the city council shall thereupon order and fix a date for holding a recall election in accordance with the Uniform Election Code after the petition has been presented to the city council or after the public hearing provided for in section 8.10 is held.

Ballots used at recall elections shall conform to the following requirements:
(a.) With respect to each person whose removal is sought, the questions shall be submitted "Shall (name of person) be removed from the office of (Councilman or Mayor) by recall?".

(b.) Immediately below each such question there shall be printed the two (2) following propositions, one above the other in the order indicated:

"For the recall of (name of person)"
"Against the recall of (name of person)"

Amendment No. 26:

To amend Article IX "Nominations and Elections" Section 9.01 "Municipal Elections", to read:

(a.) Regular Elections
Regular elections shall be held annually in accordance with the Uniform Election Code.

Amendment No. 27:

To amend Article IX "Nominations and Elections" Section 9.01 "Municipal Elections", to read:

(c.) Special Elections - Amended to read as follows:
The council may by ordinance order a special election, fix the time for holding same, and provide all means for holding such special election which shall be held in accordance with the Uniform Election Code.

Amendment No. 28:

To amend Article XII, "General Provisions", Section 12.12 "Charter Amendment", to read:

This charter may be amended in accordance with the procedures set forth in Section 9.004 of the Texas Local Government Code, as amended or as may be hereafter amended.

ARTICLE IV.

That each and every of the above described amendments in Article III above shall be submitted separately and in such manner that the voter may vote "YES" or "NO" on all of said amendments.
ARTICLE V.

That notice of said election shall be given by the Mayor of the City of Terrell by causing an election notice to be posted at City Hall not later than the twenty-first (21st) day before election day, and by publishing this ordinance at least one time, not more than thirty (30) days nor less than (10) days prior to the election date, in at least one daily newspaper published in the City of Terrell in accordance with the provisions of the Election Code of the State of Texas, as amended.

ARTICLE VI.

There shall be four (4) election precincts for the conduct of this election, and the following locations are designated as polling places within the respective precincts:

District No. 2 W.H. Burnett Elementary
921 South Rockwall Street
Terrell, Texas

District No. 3 Terrell Fire Station #2
225 Baker Street
Terrell, Texas

District No. 4 High Street Gym
208 West High Street
Terrell, Texas

District No. 5 Missionary Baptist Church
Poetry Road
Terrell, Texas

The following persons are hereby appointed officers of the election in their respective precincts:

District No. 2 - Russell Jones, Jr. Presiding Judge
Mrs. Dave M. Watson Alternate Judge

District No. 3 Helen Sanders Presiding Judge
Ruby Brewster Alternate Judge
Katie Smith Alternate Judge

District No. 4 Zanette Cotton Presiding Judge
Betsy Poe Alternate Judge

District No. 5 Mrs. Ruth Matejka Presiding Judge
Mrs. James Maxwell Alternate Judge

ARTICLE VII.

That Electronic Voting Equipment shall be used for voting at the foregoing election precincts.

ARTICLE VIII.

That the polls shall be kept open from seven o'clock (7:00) a.m. until seven o'clock (7:00) p.m. on Election Day, and that due return shall be made to the City Council showing the number of votes cast "FOR" or "AGAINST" each amendment.

ARTICLE IX.

That the qualified voters, eligible to cast their ballots early under the laws of this State, shall be permitted to cast their vote in the City Council Chambers, 201 East Nash Street, Terrell, Texas, during regular office hours from eight o'clock (8:00) a.m. to five o'clock (5:00) p.m. on weekdays from January 21, 2004 to February 3, 2004, inclusive.

That the Presiding Judge for early voting shall be John Rounsavall, the Alternate Judge shall be Helen Dixon and one (1) Voting Clerk shall be appointed.

ARTICLE X.

Bobby Bishop is appointed Presiding Judge of the Central Counting Station.

Ruth Matejka is appointed Early Voting Ballot Board Judge.

Cozette Moore is appointed as Tabulation Supervisor of the Central Counting Station

Each official shall be compensated at the rate of $8.00 per hour, not to exceed a total of 15 hours. Each presiding judge shall receive addition compensation in the amount of $25.00 for delivering the returns to the Central Counting Station. Each presiding judge shall attempt to appoint at least one official fluent in both the English and Spanish language.

The Early Voting Ballot Board Judge will deliver the early voted ballots to the Central Counting Station Judge at 5:00 P.M. Tabulating of voted ballots will start at 7:00 P.M.

ARTICLE XI.

That the canvass of the Election Returns will be held in the council Chambers of City Hall, 201 East Nash Street, Terrell, Texas, at the regular City Council Meeting of February 17, 2004.

ARTICLE XII.

That each proposed amendment, if approved by a majority of the qualified voters voting at said election, shall become a part of the Charter of the City of Terrell, Texas.

ARTICLE XIII.

That no amendment shall be considered adopted until an official order has been entered upon the records of the City of Terrell, Texas, by the City Council of such City declaring the same adopted.

ARTICLE XIV.

That, by approving and signing this ordinance, the Mayor officially confirms as her action all matters recited in the ordinance which, by law, come within her jurisdiction.

ARTICLE XV.

That it is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public and that public notice of the time, place, and purpose of said meeting was given as required by law.

This ordinance shall be in full force and effect from and after its passage, and it is so ordained.

Passed and Approved on this the 7th day of October, 2003.
Passed and Adopted on this the 21st day of October, 2003.

10. Discuss and Consider Adoption on Second Reading Ordinance No. 2200 - Budget Amendment.

ORDINANCE NO. 2200

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004, AS PASSED AND ADOPTED ON SEPTEMBER 2, 2003 TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

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


SECTION I.

The following fund is amended to reflect the following increases and decreases in the budget:

GENERAL FUND
EXPENDITURES
BUDGETED AMOUNT AMENDED

010-11-4420 Development of Impact Fees $-0- $15,000.00 $15,000.00
010-11-4421 Engineering Services Related
to Impact Fees $-0- $76,000.00 $76,000.00
010-32-4505 Wal-Mart Grant $-0- $1,500.00 $1,500.00


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 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 of 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 on this the 7th day of October, 2003.
Passed and Adopted on this the 21st day of October, 2003.


11. Discuss and Consider Adoption on Second Reading Ordinance No. 2201 - Amending Chapter 5, Business Regulations, Section 6: Peddlers, Solicitors and Vendors by Adding Section 6.1; Providing for Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date.

ORDINANCE NO. 2201

AN ORDINANCE OF THE CITY OF TERRELL, KAUFMAN COUNTY TEXAS AMENDING CHAPTER 5, BUSINESS REGULATIONS, SECTION 6, PEDDLERS, SOLICITORS AND VENDORS; 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:

SECTION 1. Chapter 5, Business Regulation, Section 6, Peddlers, Solicitors and Vendors of the Code of Ordinances of the City of Terrell; Texas is hereby repealed in its entirety.

SECTION 2. The Code of Ordinances is hereby amended by adopting a new section 6.1 to read as follows:

ARTICLE I.

That Chapter 5, Business Regulations, Section 6.1, Peddlers, Solicitors and Vendors shall be amended as follows:

SECTION 6.1: VENDORS AND SOLICITORS

A. Purpose.

The primary purpose of the public streets, sidewalks, and other public ways
is for use by vehicular and pedestrian traffic. Vending on such public ways promotes the public interest by contributing to an active and attractive pedestrian environment. Reasonable regulation of vending on public ways and in public places is necessary to protect the public health, safety and welfare. To protect local residents against trespassing by Peddlers, Solicitors, and Vendors upon the private property of such residents if they have given reasonable notice that they do not wish to be solicited by such persons or do not desire to receive merchandise or services. The regulations contained in this ordinance are not intended in any way to prohibit or hamper speech that is protected by the constitution of both the United States and the State of Texas but merely to regulate specific activities, which are commercial in nature. This entire ordinance is and shall be deemed an exercise of the police power of the State of Texas and of the City of Terrell for the process set forth above.

B. Definitions.

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

1. Peddlers, Solicitors, and Vendor shall mean any person firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a business of selling or offering for sale, food, beverages, goods, services, wares and merchandise or engages in soliciting orders for the sale of goods, services, wares and merchandise for future delivery and who, in furtherance of such purposes, hires, leases, uses or occupies any stand, motor vehicle, tent, or from his or her person.

2. Motor Vehicle shall mean any vehicle used for the displaying, storing, or transportation of articles for sale by a vendor which is required to be licensed and registered by the state department of motor vehicles. This term is to include, but not be limited to, trailers, trucks, buses, and automobiles.

3. Stand shall mean any newsstand, table, bench, booth, rack, handcart, pushcart, or any other fixture or device which is not required to be licensed and registered by the department of motor vehicles, and is used for the display, storage, or transportation of articles offered for sale by a vendor.

4. Special Event shall mean any occasion including, but not limited to, fairs,
shows, exhibitions, citywide celebrations, festivals, etc., within a specifically defined area of the city for a period of time not to exceed five (5) days.

5. Public Place shall mean any public road, street, alley, park, building, or
other property of the city or any other place to which people commonly congregate for the purpose of business, recreation, or amusement.

6. "Door-to-door selling" shall mean going to one or more residence within the City in person or by the agent for the purpose of peddling, soliciting, or vending, who engages in a business of selling or offering for sale, food, beverages, goods, services, wares and merchandise or engages in soliciting orders for the sale of goods, services, wares and merchandise for future delivery

7. Merchandise is used in its broadest sense and shall include property of every kind.

8. Services is used in its broadest sense and shall include any work done for the benefit of another person.


9. Temporary shall mean any such business for which definite arrangements have not been made for the hire, rental or lease of premises for at least one month, in or upon which such business is to be operated or conducted.

C. License Required

It shall be unlawful for any vendor or solicitor to engage in the business of selling, displaying, or offering for sale any food, beverage, goods, services or merchandise at any public place within the City of Terrell without first obtaining a license from the City Secretary.

D. Application

Every person desiring to engage in the business of a vendor as defined in Section A above shall apply for a license from the City Secretary. The application must include the following:

The full name, home address, permanent business address (if any), telephone number, driver's license number, and proof of identity;

A brief description of the nature, character, and quality of the food, beverages, goods or merchandise to be sold;

The specific location, if any, in which the vendor intends to conduct business;

If the vendor is employed by or is an agent of another, the name and business address of the principal/hiring person, firm, association, organization, company or corporation;

If a motor vehicle is to be used in the vending business, a description of the vehicle, together with the motor vehicle registration number, license number, and a copy of the vehicle's current proof of liability insurance;

A copy of the vendor's current State of Texas Sales Tax Permit together
with written documentation from the State Comptroller that all sales taxes that may be due and owing by the vendor have been fully paid;

A complete listing of any other licenses or permits issued to applicant by
the City of Terrell within the past five (5) years;

A written statement from the property owner consenting to applicant's use
of his/her property for the sales activities indicated in the permit application.

E. Health Permit

The application of any vendor engaged in the sale or distribution of food or beverages shall also be referred to the local heath department for approval of a valid health permit. The health permit shall be required in addition to the vending license required by this article. Such vendor's equipment shall be subject to inspections by the health department at the time of application and at periodic intervals thereafter.

F. Issuance of License and Payment of Fees

Not later than thirty (30) days after the filing of a completed application for a vendor's license, the applicant shall be notified by the City Secretary of the decision on the issuance or denial of the license. If it is found that the applicant has fully complied with all provisions of this article, said applicant will be required to pay a license fee in the amount of Eighteen Hundred Dollars ($1,800.00) for such license. The purpose of the fee is to partly defray the expenses of surveillance and inspection of the premises and property of the licensee, and the enforcement of the provisions of this article.

G. License not transferable

The license provided for in this article shall not be transferable nor give authority to more than one (1) person to sell or exhibit food, beverages, goods, wares and merchandise either by agent or clerk or in any other way than his own proper person, but any person having obtained such license may have the assistance of one (1) or more persons in conducting the sale or exhibit who shall have the authority to aid that principal but not to act for or without him.

H. Duration of license; display and identification badge

The license provided for in this article shall continue so long as the licensee is conducting business in the city, but in no event shall it continue for more than one year from the date of its issuance. Such license shall be prominently displayed in a conspicuous place on the premises where business is being conducted. Further, each licensee and each assistant, if any, must, at the licensee's sole expense obtain a photo identification badge from the City Secretary, or his authorized representative, showing the individual's name, the address wherein the vending business is to be conducted, and the effective period of the license.

I. Insurance or Bond Required

Before any license shall be issued under the provisions of this article, the application therefore shall be accompanied by a bond or insurance policy in an amount not less than $50,000.00 acceptable to the City Secretary to cover any and all property damage, injuries, including injury resulting in death, or wrongful fraudulent or illegal conduct of the vendor while conducting business in the city. The bond or insurance policy shall remain in full force and effect during the entire duration of the license as provided in this article and one (1) year thereafter.

J. Temporary Vending License - Special Events

Vendors wishing to conduct business at any special event shall apply to the city for a Temporary Vending License. Application for such a license must be made at least seven (7) days prior to the beginning of the event. The license is valid only for the duration of the special event or the expiration of five (5) days, whichever comes first. The fee for issuance of a Temporary Vending License shall be sixty dollars ($60.00) payable to the City Secretary at the time of issuance. Vendors granted a temporary license shall be subject to the same application and operating regulations as other vendors, except where otherwise specified.

K. Exemptions

The following vendors are exempt from the fee provisions of Section E together with Sections H and I of this article but shall otherwise be required to comply with all other provisions.

1. Religious, non-profit, philanthropic and/or charitable organizations including, but not limited to, public or private schools;

Any individual selling newspapers or magazines, or distributing free samples from his or her person.

L. Restrictions Applicable to all Vendors

Stands. Vendor stands shall not:

a. Exceed 20 feet in length, 10 feet in width or 13 feet in height;
b. Impede access to the entrance or driveway of any adjacent building;
c. Occupy more than half of the available sidewalk width or 20 feet of such sidewalk, whichever is less.


2. Hours of Operation. - Except for the vending of food or dinks from a motor vehicle or other non-stationary means within construction, manufacturing or similar areas in the manner specified in subsection 8 below, vendors shall be allowed to engage in the business of vending only between the hours of 8:00 A.M. to 6:00 P.M. All vending stands must be removed during non-vending hours. When Temporary Vending Permits are issued for special events under the provisions of Section J above, the applicant may request from the city an exception to the usual hours of operation. All stands and other vending operations must be removed during non-operating hours.

3. Handicapped Areas - No vendor shall conduct business within 20 feet of any handicapped parking space or access ramp.

4. Removal of Trash - All trash or debris accumulating within 50 feet of any vending stand shall be collected by the vendor and deposited in an authorized trash container. All vendors selling food or beverages must provide trash receptacles adjacent to or as a part of their stands.

5. Prohibited Areas. A vending license issued pursuant to this ordinance is valid only on specified public ways or in public places of the City of Terrell. The City shall prohibit vendors from selling on specified public ways or in public places if it determines such prohibitions are necessary for the protection of public health and safety. Vendor stands and motor vehicles are prohibited within 20 feet of a fire hydrant, fire escape, loading zone, or the driveway of a fire station, police station or hospital.

6. Noise - No vendor may sound any device, which produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio sound amplifier, or similar device to attract public attention.

7. Monthly Reports - All vendors shall provide a copy of their monthly report of sales tax receipts to the City Secretary.

Motor Vehicles - No vendor vending from a motor vehicle shall:

Stop, stand or park the vehicle within 20 feet of any intersection, within any other prohibited area, or during prohibited hours; Conduct business in such a way as would increase traffic congestion or delay, constitute a hazard to life or property, interfere with an abutting property owner, or obstruct access to emergency vehicles.

M. Denial, Suspension or Revocation of License

Any license issued under this ordinance may be denied, suspended or revoked for any of the following reasons:

a. Fraud or misrepresentation in the application or this license;
b. Fraud or misrepresentation in the course of conducting the business of vending;
c. Conducting the business of vending in any way contrary to the provisions of this ordinance;
d. Conducting the business of vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare;
e. Conviction of any felony offense or any misdemeanor offense involving moral turpitude while holding a vending license from the City of Terrell or for a period of 5 years prior to the date of the application for a vending license;
f. Suspension or cancellation of health department authorization for a food and beverage vending unit.

2. Upon denial, suspension or revocation, the city shall deliver written notice to the applicant/license holder stating the action taken and the reasons supporting such action. The written notice shall be delivered to the applicant/license holder's place of business or mailed to the applicant/license holder's last known address.

N. Renewals

Licenses may be renewed, provided an application for renewal and license fees are received by the city no later than the expiration date of the current license. Applications received after that date shall be processed as new applications. They city shall review each application for renewal to determine that the applicant is in full compliance with the provisions of this ordinance.
If the city finds that the application meets the above requirements, the city shall renew said license for a period of one year upon payment of all applicable license fees.

O. Appeals

Any person who is denied a license or whose license has been suspended or revoked may appeal same by filing a written notice of appeal to the Terrell City Council. All appeals must be filed with the City Secretary within ten (10) days after notice of denial, suspension or revocation of a license. The appeal shall be heard by the Terrell City Council within thirty (30) days after receipt. At least five (5) days notice of the date of the hearing shall be given to the applicant, license holder. Based on the hearing of the appeal and the facts relative thereto, the City Council will either sustain or reverse the decision to deny, suspend or revoke the license. The decision of the City Council shall be final.

P. Penalties

Violation of any application provision of this chapter shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and each day that any violation continues shall constitute a separate offense. However, an offense related to any provision related to any provision of this chapter which also constitutes an offense to state law shall be punishable in accordance with the applicable state law.

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 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 7th day of October, 2003.
Passed and Adopted this the 21st day of October, 2003.

12. Discuss and Consider Adoption on Second Reading Ordinance No. 2202 - Amending Chapter 5, Business Regulations, Section 6.1: Peddlers, Solicitors and Vendors by Adding Subsection Q: Charitable Solicitations; Providing for Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date.
ORDINANCE NO. 2202

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 5, BUSINESS REGULATIONS, SECTION 6.1. - PEDDLERS, SOLICITORS, AND VENDORS WITH THE ADDITION OF SUBSECTION Q; CHARITABLE SOLICITATIONS, CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

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

SECTION I.

THAT Chapter 5, Business Regulations, Section 6.1. Peddlers, Solicitors and Vendors of the Code of Ordinances of the City of Terrell, Texas, be amended by the addition of Subsection Q, Charitable Solicitations as follows:

Q. CHARITABLE SOLICITATIONS

Sec. Q-1. Definitions.

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

1. Charitable purpose means philanthropic, religious or other non-profit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of a patriotic or veterans' association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution.

2. Individual means only a natural person.

3. Person means and includes any natural person, firm partnership, corporation or association.

4. Solicit funds or Solicitation of funds means any request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling or offering for sale of any property, real or personal, tangible or in-tangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications, or brochures, upon the representation, express or implied that the proceeds of such sale will be used for a charitable purpose as such terms is herein defined. Expressly excluded from the meaning of "solicit funds" or "solicitation of funds" are any offer of membership in any organization and any solicitation of funds covered by this definition are limited to a solicitation communicated in the physical presence of any individual on public property within the corporate limits of the city.

Sec. Q-2 Unlawful Solicitation on Public Property

(a) It shall be unlawful for any person, directly or through an agent or employee, to solicit funds for charitable purposes within the corporate limits of the city unless such person shall have first obtained a certificate of registration from the City Secretary as hereinafter provided.

(b) It shall be unlawful for any individual, as the agent or employee of another, to solicit funds for charitable purposes in the city unless his principal or employer has received a certificate of registration as hereinafter provided.

(c) It shall be unlawful for any individual, as the agent or employee of another, to solicit funds for charitable purposes in the City without a facsimile copy of the certificate of registration in his or her possession. Such facsimile copy of the certificate of registration shall be shown upon request to all persons solicited and to any police officer of the city.

(d) It shall be unlawful to solicit for charitable purposes between the hours of 8:00 p.m. and 8:00 a.m. in the city.

(e) It shall be unlawful for any person, directly or through an agent or employee, to solicit funds for charitable purposes within the corporate limits of the city after the expiration of any certificate of registration issued as hereinafter provided.

(f) It shall be unlawful for the person registering or the agents or employees thereof to solicit funds in the city for a charitable purpose other than that set out in the registration statement upon which the certificate of registration was issued.

(g) It shall be unlawful for any person who shall solicit funds for charitable purposes in the city to represent, in connection with such solicitation of funds, that the insurance of a certificate of registration by the city constitutes an endorsement or approval of the purposes of such solicitation of funds by the city or any department, officer or employee thereof.

(h) It shall be unlawful for any person issued a certificate of registration hereunder to fail to file any financial statement that this article requires to be filed with the City Secretary.

Sec.Q-3 Registration - Statement

All persons desiring to solicit funds for charitable purposes in the city shall file with the City Secretary a registration statement, on forms provided by the City Secretary, containing the following:

(1) The name of the person registering and desiring to solicit funds for charitable purposes.

(2) Whether the person registering in an individual, partnership, corporation or association, and:

a. If an individual, his or her business or residence address and telephone number.

b. If a partnership, the names of all partners and the principal business address and telephone number of the partnership.

c. If a corporation, whether it is organized under the law of Texas or is a foreign corporation, its mailing address, business location, and telephone number and names of the officers and directors of the corporation.

d. If an association, the association's principal business address and telephone number, along with the names of the association's officers and directors or trustees. If the association is part of a multi-state organization or association, the mailing address and business location of its principal headquarters shall also be given.

(3) A brief description of the charitable purpose for which the funds are to be solicited, and an explanation of the intended use of the funds toward that purpose.

(4) The names of all individuals authorized to incur expenses related to the solicitation or to disburse any proceeds of the solicitations.

(5) The name, mailing address and telephone number of the individual who will have organizational responsibility for the solicitation of funds.

(6) The time period within which the solicitation of funds is to be made, giving the date of the beginning of solicitation and its projected conclusion, not to exceed four (4) months.

(7) A description of the methods and means by which the solicitation of funds is to be accomplished.

(8) The total amount of funds proposed to be raised.

(9) A projected schedule of salaries, wages, fees, commissions, expenses and costs that the person registering reasonably believes will be expended and paid in connection with the solicitation of funds or in the connection with their disbursement, and an estimated percentage of the total projected collections which the cost of solicitation will comprise. These figures shall cover the entire time period during which the solicitation is to be made.

(10) A statement to the effect that if a certificate of registration is granted, such certificate will not be used as or represented to be an endorsement by the city of any of its officers or employees.

(11) The signature of an individual on behalf of the person registering.

Sec. Q-4 Fee.

(a) Every registration statement, except as exempt as exempted herein, shall be accompanied by a registration fee of ten dollars ($10.00) to compensate the city for the cost of administering this chapter. Such fee will be nonrefundable, irrespective of whether a certificate of registration is issued.

(b) Any public or private school sanctioned group, religious or philanthropic group shall be exempt from the requirement to provide the ten dollar ($10.00) registration fee.

Sec. Q-5 Certificate of registration - Issuance.

Within ten (10) working days of the receipt of the registration statement, the City Secretary shall either issue a certificate of registration, as provided in Section O-6, or notify the person registering that the registration statement does not comply with the requirements of Section O-3, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued.

Sec. Q-6 Form.

The City Secretary shall prescribe the form of the certificate of registration, which shall include a statement that "The issuance of the Certificate of Registration is not an endorsement by the City of Terrell or any of its departments, officers, or employees.

Sec. Q-7 Expiration; filing of financial statements within the specified time of termination of solicitation

(a) Each certificate of registration issued by the City Secretary shall expire at the termination of the solicitation period specified in the registration statement or four (4) months from the date of issuance, whichever is less.

(b) No later than thirty (30) days from the expiration of its certificate of registration, each person registering shall file a closing statement with the City Secretary. The closing statement shall be a financial statement that is on a form provided by the City Secretary for this purpose and shall be signed by the appropriate individual on behalf of the person registering.

(c) The closing statement shall indicate the total funds collected or pledged from the solicitation of funds, the purpose or purposes (with the amount of funds for each purpose) for which such funds have been or will be disbursed by the person registering, any incurred but unpaid expenses resulting from the solicitation of funds, and all other anticipated disbursement of collected or pledged funds. The monetary value represented by any fool or goods that have been collected or pledged shall be estimated to the nearest multiple of ten dollars ($10.00) to satisfy the requirement to indicate total funds collected or pledged.

Sec. Q-8 Public disclosure.

All registration statements and closing statements filed with the City Secretary, whether or not a certificate of registration has been issued, shall be public records and shall be available for inspection by members of the public during the City Secretary's regular business hours. Copies may be obtained at the fees prescribed by law for copies of city records.

Sec. Q-9 Exceptions.

The solicitation of funds for charitable purposes by any organization or association from its members shall be exempt from the operation of Section O-1 through 8.

Sec. Q-10 Solicitation from occupant of motor vehicle

(a) It shall be unlawful for any person or organization to solicit funds for charitable or welfare purposes from an occupant of any motor vehicle which is on a public street or on a street, roadway or parking area of any city park, whether or not the person or organization soliciting funds is or is not on a public street or other public property.

(b) It shall be unlawful for any person to cause, aid, solicit, encourage, or direct a minor to engage in conduct prohibited by this section.

Sec. Q-11 Penalties.

Violation of any application provision of this chapter shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), and each day that any violation continues shall constitute a separate offense. However, an offense related to any provision of this chapter which also constitutes an offense pursuant to state law shall be punishable in accordance with the applicable state law.

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 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 of 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 on this the 7th day of October, 2003.
Passed and Adopted on this the 21st day of October, 2003.
13. Receive Manager's Reports and Correspondence:
c.) S.W.C.C. 2003 Valor Awards Celebration.
d.) S.W.C.C. Letter of Appreciation.
e.) Correspondence to the Mayor and City Council

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

14. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss Section 551.072 - Negotiate Sale of Real Property.

15. Reconvene into Regular Session and Consider Action, if any, on Item Discussed in Executive Session.

No executive session was held.

16. 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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