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REGULAR CITY COUNCIL MEETING

MARCH 18, 2003

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, March 18, 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.

Reverend Malcom Duncan gave the opening prayer.

3. Consider Approval of Regular City Council Meeting Minutes of March 4, 2003.

Councilmember Debra Kelley made a motion to approve the Regular City Council Meeting Minutes of March 4, 2003 with correction to Page 5 Item No. 12. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

March 4, 2003 City Council Meeting Minutes - Correction

12. Discuss and Consider Approval of Ordinance No. 2155 - Calling the Regular Municipal Election of Councilmembers from District No. 3 and District No. 5 to be Held on Saturday, May 3, 2003.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2155 - Calling the Regular Municipal Election of Councilmembers from District No. 3 and District No. 5 to be Held on Saturday, May 3, 2003 on first reading. Mayor Pro tem Tommy Spencer made a motion to approve Ordinance No. Calling the Regular Municipal Election of Councilmembers from District No. 3 and District No. 5 to be Held on Saturday, May 3, 2003 on first reading. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

Mayor Frances Anderson recognized student Neil Cockrum for attending the Council Meeting from Trinity Valley Community College.

NEW BUSINESS

4. Discuss and Consider Approval of Ordinance No. 2163 - Amending the Existing Electric Franchise Between the City of Terrell and Oncor Electric Delivery Company.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2163 - Amending the Existing Electric Franchise Between the City of Terrell and Oncor Electric Delivery Company. Councilmember Floyd Trammell made a motion to approve Ordinance No. 2163 with corrections to be made by the City Attorney. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2163

AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

5. Discuss and Consider Approval of Ordinance No. 2164 - Amending the Existing Gas Franchise Between the City of Terrell and TXU Gas Company.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2164 - Amending the Existing Gas Franchise Between the City of Terrell and TXU Gas Company. Councilmember Rick Carmona made a motion to approve Ordinance No. 2164 - Amending the Existing Gas Franchise Between the City of Terrell and TXU Gas Company with corrections to be made by the City Attorney. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2164

AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

6. Discuss and Consider Assignment of Calvary Oaks Development Agreement.

City Manager Gordon Pierce and Jerre Gibbs representing Calvary Oaks Development presented to Council for discussion and consideration Assignment of Calvary Oaks Development Agreement. Councilmember Floyd Trammell made a motion to approve the assignment of Calvary Oaks to Gateway National Bank in Mesquite, Texas. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

7. Discuss and Consider Approval of Resolution No. 449 - Supporting and Authorizing the Submission of Application for HOME Program Funds and Committing Local Funds to Assist in Implementing and Administering said HOME Program Fund Project.

Debbie Zajac, Housing Director presented to Council for discussion and consideration Resolution No. 449 - Supporting and Authorizing the Submission of Application for HOME Program Funds and Committing Local Funds to Assist in Implementing and Administering said HOME Program Fund Project. Councilmember Rick Carmona made a motion to approve Resolution No. 449 - Supporting and Authorizing the Submission of Application for HOME Program Funds and Committing Local Funds to Assist in Implementing and Administering said HOME Program Fund Project. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 449

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, SUPPORTING AND AUTHORIZING THE SUBMISISON OF AN APPLICATION FOR HOME PROGRAM FUNDS AND COMMITTING LOCAL FUNDS TO ASSIST IN IMPLEMENTING AND ADMINISTERING SAID HOME PROGRAM FUND PROJECT.

WHEREAS, adequate and safe housing is a basic need for all residents of the City of Terrell; and

WHEREAS, there is a need for the rehabilitation of substandard housing units in the city; and

WHEREAS, the city should avail itself of housing rehabilitation assistance.

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

1. That an application for HOME Program Funds in the amount of $300,000.00 is hereby supported and authorized for submission to the Texas Department of Housing and Community Affairs.

2. That the City is making a firm commitment to match 25% of the grant award.

3. That the City is making a firm commitment to set aside 50% of the grant award as a cash reserve to operate the program prior to reimbursement.

4. That the City authorizes and directs the Mayor to sign the HOME contract with the State of Texas.

THIS RESOLUTION IS PASSED AND APPROVED this the 18th day of March, 2003.
8. Receive Terrell Police Department Racial Profile Traffic Stop Summary Report.

Assistant Chief of Police Mike Shewmake presented to Council the Terrell Police Department Racial Profile Traffic Stop Summary Report. Councilmember Rick Carmona made a motion to accept the Terrell Police Department Racial Profile Traffic Stop Summary Report. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

9. Discuss and Consider Engineering Services for the Design of Improvements to Airport Road.

Danny Booth representing Terrell Economic Development Corporation presented to Council for discussion and consideration Engineering Services for the Design of Improvements to Airport Road. Councilmember Rick Carmona made a motion to approve Engineering Services for the Design of Improvements to Airport Road in the amount of $175,400.00. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

10. Discuss and Consider Approval of Ordinance No. 2166 - Amending the Revised Code of Ordinances Chapter 4, Section 4-1 and Chapter 9, Personnel: Section 9.2 - Department Heads.

Carol Holland, Personnel Director presented to Council for discussion and consideration Ordinance No. 2166 - Amending the Revised Code of Ordinances Chapter 4, Section 4-1 and Chapter 9, Personnel: Section 9.2 - Department Heads. Councilmember Rick Carmona made a motion to approve Ordinance No. 2166 - Amending the Revised Code of Ordinances Chapter 4, Section 4-1 and Chapter 9, Personnel: Section 9.2 - Department Heads with change to add "subject to confirmation by Council". The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

11. Discuss and Consider Approval of Ordinance No. 2167 - Amending Chapter 4: Building Regulations, Section 4-1: Appointment and Removal of Chief Building Official.

Carol Holland, Personnel Director presented to Council for discussion and consideration Ordinance No. 2167 - Amending Chapter 4: Building Regulations, Section 4-1: Appointment and Removal of Chief Building Official. Councilmember Floyd Trammell presented to Council for discussion and consideration No. 2167 - Amending Chapter 4: Building Regulations, Section 4-1: Appointment and Removal of Chief Building Official. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

12. Consider Approval of Airport Project Participation Agreement No. 0318TEREL, Concerning Construction of Improvements at the Municipal Airport.

Stan Ballard, City Engineer presented to Council for discussion and consideration Airport Project Participation Agreement No. 0318TERREL, Concerning Construction of Improvements at the Municipal Airport. Councilmember Rick Carmona made a motion to approve Airport Project Participation Agreement No. 0318TERREL, Concerning Construction of Improvements at the Municipal Airport. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

13. Consider Approval of Work Authorization No. 4 - Amending the Agreement of April 16, 2002 with Schaumburg & Polk, Inc. by Adding Services Related to Paving and Drainage Improvements on Grove Street, etc.

Stan Ballard, City Engineer presented to Council for consideration Work Authorization No. 4 - Amending the Agreement of April 16, 2002 with Schaumburg & Polk, Inc. by Adding Services Related to Paving and Drainage Improvements on Grove Street, etc. Mayor Pro tem Tommy Spencer made a motion to approve Work Authorization No. 4 - Amending the Agreement of April 16, 2002 with Schaumburg & Polk, Inc. by Adding Services Related to Paving and Drainage Improvements on Grove Street, etc. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

14. Consider Approval of Work Authorization No. 5 - Amending the Agreement of April 16, 2002 with Schaumberg & Polk, Inc., by Adding Engineering Services Related to Replacement of the Water Main in Town North Drive.

Stan Ballard, City Engineer presented to Council for consideration Work Authorization No. 5 - Amending the Agreement of April 16, 2002 with Schaumberg & Polk, Inc., by Adding Engineering Services Related to Replacement of the Water Main in Town North Drive. Councilmember Rick Carmona made a motion to approve Authorization No. 5 - Amending the Agreement of April 16, 2002 with Schaumberg & Polk, Inc., by Adding Engineering Services Related to Replacement of the Water Main in Town North Drive in an amount not to exceed $38,800.00. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

15. Discuss and Consider Approval of Ordinance No. 2165 - Establishing Traffic Controls at the Intersection of Roosevelt with Rockwall.

Councilmember Debra Kelley made a motion to approve Ordinance No. 2165 - Establishing Traffic Controls at the Intersection of Roosevelt with Rockwall. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

16. Discuss and Consider Charter Amendment Process.

This item was tabled to the April 17, 2003 City Council Workshop.

17. Discuss and Consider Approval of Ordinance No. 2162 - Budget Amendment.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2162 - Budget Amendment. Councilmember Rick Carmona made a motion to approve Ordinance No. 2162 - Budget Amendment. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

18. Discuss and Consider Appointments to Zoning Board of Adjustments.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to Zoning Board of Adjustments. Councilmember Floyd Trammell made a motion to re-appoint Gene Glaeser and appoint Chris Simpson and Kathy Russell as regular members and Frank Finan as alternate. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

19. Discuss and Consider Re-Adoption of Council Relations Policy and Code of Ethics.

Councilmember Debra Kelley made a motion to re-adopt the Council Relations Policy and Code of Ethics. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

20. Hear Remarks from Visitors.

Thomas Brown representing B&B Construction spoke to Council regarding lien on Calvary Oaks Property and hiring of minority contractors.

OLD BUSINESS
CONSENT AGENDA

Mayor Pro tem Tommy Spencer made a motion to adopt Ordinance No. 2161, Ordinance No. 2156 and Ordinance No. 2155 on CONSENT AGENDA. The motion was seconded by Councilmember Floyd Trammell.

21. Discuss and Consider Adoption on Second Reading Ordinance No. 2161 - Authorizing a Four-Way Stop at the Intersection of West End Street with Bradshaw Street.

ORDINANCE NO. 2161

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AUTHORIZING THE INSTALLATION OR MODIFICATION AND MAINTENANCE OF REGULATORY TRAFFIC CONTROL SIGNAGE AT THE INTERSECTION OF WEST END STREET WITH BRADSHAW STREET WITHIN SAID JURISDICTION, PROVIDING FOR ENFORCEMENT, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE.

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

ARTICLE I.

THAT in accordance with Chapter 11, Section 36, of the 1986 Revised Code of Ordinances, and following engineering investigation, the installation of STOP signs conforming to the following schedule is hereby authorized and directed:

INTERSECTION APPROACH TO STOP

WEST END at BRADSHAW ALL

ARTICLE II

THAT the STOP sign assigns right-of-way to traffic on certain approaches to an intersection, and drivers or operators of vehicles approaching such signs shall come to a full stop. Drivers or operators of vehicles approaching such signs shall comply with the requirements of Chapter 11, Section 36, with regards thereto.

ARTICLE III

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

ARTICLE IV

This ordinance shall 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 4th DAY OF MARCH, 2003.
PASSED AND APPROVED THIS 18TH DAY OF MARCH, 2003.

22. Discuss and Consider Adoption on Second Reading Ordinance No. 2156 - 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.

ORDINANCE NO. 2156

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:

ARTICLE I.

That Chapter 5, Business Regulations, Section 6, Peddlers, Solicitors
and Vendors shall be amended as follows:

SECTION 6: 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. 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:

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, wares and merchandise or engages in soliciting orders for the sale of goods 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.

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.

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.

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

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.

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 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 transferrable 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 ram .

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.

23. Discuss and Consider Adoption on Second Reading Ordinance No. 2155 - Calling the Regular Municipal Election of Councilmembers from District No. 3 and District No. 5 to be Held on Saturday, May 3, 2003.

ORDINANCE NO. 2155

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CALLING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF TERRELL, TEXAS FOR THE ELECTION OF COUNCILMEMBER FROM DISTRICT NO. 3 AND DISTRICT NO. 5 TO BE HELD ON SATURDAY, MAY 3, 2003.

WHEREAS, the terms of office of Councilmember No. Three and Councilmember No. Five will expire at the conclusion of two years in office, as provided by an amendment to the Charter of the City of Terrell, Texas, as adopted on July 12, 1983; and

WHEREAS, the first Saturday in May is the date set for the regular election of Councilmembers; and

WHEREAS, authority is vested in the Mayor of the City of Terrell to call said regular election and to appoint election officials to conduct said election;

NOW, THEREFORE BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF TERRELL, TEXAS that:

An election to be held on the 3rd day of May, 2003 for the purpose of:

Electing Councilmembers from District No. Three and District No. Five.

A. Councilmember No. Three so elected shall be a resident of District No. Three and shall be elected by the vote of qualified voters of the City of Terrell, Texas residing in District No. Three and shall serve a term of two years.

B. Councilmember No. Five so elected shall be a resident of District No. Five and shall be elected by the vote of the qualified voters of the City of Terrell, Texas residing in District No. Five and shall serve a term of two years.

II.

Punch card ballots shall be used for said election which ballots shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "for" the candidate of the following offices which shall be set forth in substantially the following form:

In District No. 3
Councilmember..............................................(Name of Candidates)
In District No. 5
Councilmember..............................................(Name of Candidates)

There shall be two (2) election precincts for the conduct of this election, and the following locations are designated as polling places within the respective precincts:

District No. 3 Terrell Fire Station #2
225 Baker Street
Terrell, Texas 75160

District No. 5 Missionary Baptist Church
Poetry Road
Terrell, Texas 75160

On Election Day, the polls shall open at 7:00 A.M. and shall close at 7:00 P.M.

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

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

District No. 5 - Ruth Matejka Presiding Judge
Betty Maxwell Alternate Judge

A copy of this ordinance shall be delivered to the presiding judges for Districts 3 and 5 by the City Secretary not later than 20 days from this date, together with a current description of the election precincts as approved by the Terrell City Council.

Each presiding judge shall appoint not less than two nor more than four qualified clerks to serve and assist in the holding of said election, provided that if the presiding judge herein appointed actually serves, that the alternate presiding judge shall be a clerk. 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.

All qualified electors residing in Districts 3 and 5 of the City of Terrell shall be permitted to vote at said election. This election shall be held and conducted in accordance with the Texas Election Code, enacted in 1985. All election materials and proceedings shall be printed in both English and Spanish.

Early voting shall be conducted at the office of the City Secretary in the Terrell City Hall located at 201 East Nash Street, whose mailing address is P.O. Box 310, Terrell, Texas 75160. The City Secretary is appointed as Early Voting Clerk, to serve without additional compensation. Applications for early voting by mail shall be taken between March 4, 2003 and April 25, 2003.

Early voting by personal appearance shall commence on April 16, 2003 and conclude on April 29, 2003 on weekdays during regular business hours of the office of the City Secretary including Saturday, April 19th and Saturday, April 26th, 2003.

The Terrell Municipal Building located at 201 East Nash Street, Terrell, Texas, is hereby designated as the Central Counting Station.

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

Helen Dixon is appointed Early Voting Ballot Board Judge.

Cozette Moore is appointed as Tabulation Supervisor of the Central Counting Station and shall be entitled to compensation in an amount determined by the Terrell City Council.

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.

Persons wishing to file as candidate for City Councilmembers from Districts 3 and 5 shall file a sworn application for a place on the ballot with the City Secretary beginning February 17, 2003 and no later than 5:00 P.M. on March 19, 2003 and must meet the requirements to serve as a Councilmember, as set forth in the City of Terrell Charter and Code of Ordinances.

A substantive copy of this ordinance shall serve as proper notice of the calling of said election. Said notice, including a Spanish translation hereof, shall be posted in a public place in each election precinct of the City and on the bulletin board used for the posting of meetings of the City Council of the City of Terrell at least 21 days prior to the date of the election by the City Secretary or his designee, who shall make a record at the time of posting stating the date and place of posting to be preserved for the period of preserving precinct election records.

PASSED AND APPROVED on this the 4th day of March, 2003.
PASSED AND ADOPTED on this 18th day of March, 2003.

24. Receive City Manager's Reports and Correspondence:

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

(a.) Letter of Recognition.
(b.) Special City Council Meeting and Workshop - March 20, 2003, 6:00 p.m.

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
 

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City of Terrell
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