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REGULAR CITY COUNCIL MEETING

JUNE 3, 2003

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, June 3, 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. Consider Approval of Regular City Council Meeting Minutes of May 20, 2003.

Councilmember Floyd Trammell made a motion to approve the Regular City Council Meeting Minutes of May 20, 2003. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

4. Discuss and Consider Approval of Resolution No. 454 - Denying TXU Gas Company's Request to Change Rates in this Municipality, As a Part of the Company's Statewide Gas Utility System; Providing a Requirement for a Prompt Reimbursement of Costs Incurred by the City; Providing an Effective Date; Finding that the Meeting at Which This Resolution is Passed is Open to the Public as Required by Law; and Providing for Notice of this Resolution to TXU Gas Company.

City Manager Gordon Pierce and Tommy Mattox presented to Council for discussion and consideration Resolution No. 454 - Denying TXU Gas Company's Request to Change Rates in this Municipality, As a Part of the Company's Statewide Gas Utility System; Providing a Requirement for a Prompt Reimbursement of Costs Incurred by the City; Providing an Effective Date; Finding that the Meeting at Which This Resolution is Passed is Open to the Public as Required by Law; and Providing for Notice of this Resolution to TXU Gas Company. Mayor Pro tem Rick Carmona made a motion to approve Resolution No. 454 - Denying TXU Gas Company's Request to Change Rates in this Municipality, As a Part of the Company's Statewide Gas Utility System; Providing a Requirement for a Prompt Reimbursement of Costs Incurred by the City; Providing an Effective Date; Finding that the Meeting at Which This Resolution is Passed is Open to the Public as Required by Law; and Providing for Notice of this Resolution to TXU Gas Company. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 454

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, DENYING TXU GAS COMPANY'S REQUEST TO CHANGE RATES IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; PROVIDING AN EFFECTIVE DATE; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS RESOLUTION TO TXU GAS COMPANY.

WHEREAS, on or about May 23, 2003, TXU Gas Company (the "Company") filed with the City of Terrell ("City"), a Statement of Intent to change gas rates in all municipalities within the Company's statewide gas utility system effective May 23, 2003; and

WHEREAS, the City, has exclusive original jurisdiction to evaluate the Company's Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code 102.001(b) and 103.001; and

WHEREAS, the Texas Utilities Code 103.022 provides that costs incurred by the City in ratemaking activities are to be reimbursed by the regulated utility;

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

1. The Company's Statement of Intent to change gas rates within the City, as part of the Company's statewide gas utility system, be denied in all respects.

2. The costs incurred by the City in reviewing the Company's application be promptly reimbursed by the Company. These costs and the Company's costs may be recovered in a surcharge to customers within the City.

3. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide.

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

5. A copy of this Resolution, constituting final action on the Company's application be forwarded to the appropriate designated representative of the Company within 10 days as follows: Autry L. Warren, Director of Gas Rates, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3402.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS THE 3rd DAY OF JUNE, 2003.

5. Discuss and Consider Terrell Economic Development Corporation Bylaws Amendment.

City Manager Gordon Pierce and Danny Booth representing Terrell Economic Development Corporation presented to Council for discussion and consideration Terrell Economic Development Corporation Bylaws Amendment. Mayor Pro tem Rick Carmona made a motion to approve Terrell Economic Development Corporation Bylaws Amendment change $5,000.00 to $25,000.00. The motion was seconded by Councilmember Tommy Spencer. Ayes - Frances Anderson, Rick Carmona, Debra Kelley, Tommy Spencer. Nayes - Floyd Trammell. Motion carried.

6. Discuss and Consider Approval of Ordinance No. 2176 - Adopting a Water Conservation and Drought Contingency Plan.

City Manager Gordon Pierce and Sonny Groessel, Director of Utilities presented to Council for discussion and consideration Ordinance No. 2176 - Adopting a Water Conservation and Drought Contingency Plan. Councilmember Floyd Trammell made a motion to approve Ordinance No. 2176 - Adopting a Water Conservation and Drought Contingency Plan on first reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2176

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, REVISING SECTION 12-15 OF THE CODE OF ORDINANCES THROUGH THE ADOPTION OF A NEW WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THOSE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

7. Discuss and Consider Adoption of Charter Committee Recommendations/Amendments.

Mayor Pro tem Rick Carmona made a motion to table Adoption of Charter Committee Recommendations/Amendments. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

8. Discuss and Consider Calling a Public Hearing for Charter Amendments.

Councilmember Floyd Trammell made a motion to call a Special City Council Meeting and Workshop on June 17, 2003 to discuss Charter Amendments. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

9. Discuss and Consider Date, Time and Location for Budget Retreat and Workshop.

Councilmember Floyd Trammell made a motion to schedule Budget Retreat and Workshop for July 10-11, 2003. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

10. Hear Remarks from Visitors.

Dr. Horace Flatt spoke to Council regarding Charter Amendments.

OLD BUSINESS
CONSENT AGENDA

Mayor Pro tem Rick Carmona made a motion to approve Ordinance No. 2173 and 2175 on consent agenda. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

11. Discuss and Consider Approval of Ordinance No. 2173 - Granting a Specific Use Permit for a Model Home Display and Sales Facility on Property Described as Part of Lot 2, Block A, Rip Griffins Addition.

Ordinance No. 2173

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MODEL HOME DISPLAY AND SALES FACILITY ON PROPERTY DESCRIBED AS PART OF LOT 2, BLOCK A, RIP GRIFFIN ADDITION OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

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

ARTICLE I

WHEREAS, the City Council of the City of Terrell, Texas, following a public hearing and recommendation by the Planning and Zoning Commission, held a public hearing on Tuesday, May 20, 2003, on a request to issue a Specific Use Permit for a Model Home Display and Sales facility on property described as Part of Lot 2, Block A, Rip Griffin Addition; and

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

WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Terrell to grant the Specific Use Permit.

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

A Specific Use Permit is granted to locate a Model Home Display and Sales Facility, in accordance with the regulations established in the Terrell Zoning Ordinance on property described as Part of Lot 2, Block A, Rip Griffins Addition, City of Terrell, Kaufman County, Texas, and upon the further conditions as follows:

a.) Restricted to 3 structures on lots that can be subdivided into 1F2 designation 7500 sq. ft.
b.) To be developed in accordance with site plans submitted to the City of Terrell;
c.) This special use permit shall not be assignable without prior written consent of the City;

This Specific Use Permit shall take effect immediately from and after its passage and upon said facility complying with all terms and conditions set further herein.

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 20TH DAY OF MAY, 2003.
PASSED AND ADOPTED THIS THE 3RD DAY OF JUNE, 2003.

12. Discuss and Consider Approval of Ordinance No. 2175 - Budget Amendment.

ORDINANCE NO. 2175

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003, AS PASSED AND ADOPTED ON SEPTEMBER 17, 2002 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 Equipment Replacement Fund is amended to reflect the following increases in the budget:

EQUIPMENT REPLACEMENT FUND

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 20th day of May, 2003.
Passed and Adopted on this the 3rd day of June, 2003.

13. Receive City Manager's Reports and Correspondence

City Manager Gordon Pierce presented Reports and Correspondence to Council.

a.) Discuss Special City Council Meeting and Workshop on June 17, 2003-6:00 p.m.
b.) Texas Municipal League Legislative Wrap-Up - June 23, 2003 - Austin.
c.) Discuss Upcoming Appointments to the Zoning Board of Adjustments and Building Standards Commission.

14. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss the Following:
d.) Section 551.087 - Economic Development Negotiations.
e.) Section 551.071 - Pending or Contemplated Litigation - Discuss Pending Litigation with City Attorney.

Council adjourned into Executive Session.

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

Mayor Pro tem Rick Carmona made a motion to approve a 4-year Tax Abatement for Carlisle Coatings & Waterproofing. The project will include 100% for the first year, 75% for the second year, 50% for the third year and 25% for the fourth year. Carlisle has plans to relocated a division out of Oklahoma and purchase a spec building owned by a group of local investors in Metrocrest Industrial Park for a manufacturing facility that will provide 60 new jobs within 24 months. A grant of $2,000 per job created with an additional $500 for those hired with a Terrell addresss. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

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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City of Terrell
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