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SPECIAL CITY COUNCIL MEETING AND WORKSHOP

SEPTEMBER 10, 2003

12:00 P.M.

A Special Meeting and Workshop of the Terrell City Council was held on Wednesday, September 10, 2003 in the City Council Chambers at 12:00 P.M. with the following members present:

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

1. Call to order.

Mayor Pro tem Rick Carmona called the meeting to order. A quorum was present.


PUBLIC HEARING

2.
a.) Conduct a Public Hearing to Receive Input Concerning the Adoption of an Ordinance Nominating Project Venus as a Qualified Business for Designation of an Enterprise Zone Project.

Mayor Pro tem Rick Carmona opened a Public Hearing to Receive Input Concerning the Adoption of an Ordinance Nominating Project Venus as a Qualified Business for Designation of an Enterprise Zone Project. City Manager Gordon Pierce gave opening remarks. No one spoke for or against the Adoption of an Ordinance Nominating Project Venus as a Qualified Business for Designation of an Enterprise Zone Project. Mayor Pro tem Rick Carmona closed the Public Hearing.

b.) Discuss and Consider Adoption on Second Reading Ordinance No. 2197 - Nominating Project Venus as a Qualified Business for Designation of an Enterprise Zone Project.

Councilmember Debra Kelley made a motion to adopt on Second Reading Ordinance No. 2197 - Nominating Project Venus as a Qualified Business for Designation of an Enterprise Zone Project. The motion was seconded by Councilmember Floyd Trammell. Ayes - Rick Carmona, Floyd Trammell, Debra Kelley. Nayes - Tommy Spencer. Motion carried.

ORDINANCE NO. 2197


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, ORDAINING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM CHAPTER 2303, TEXAS GOVERNMENT CODE, PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION, AND NOMINATING VENUS INITIATIVE, L.L.C. AS A QUALIFIED BUSINESS FOR DESIGNATION OF AN ENTERPRISE ZONE PROJECT.


WHEREAS, The Office of the Governor Economic Development and Tourism (the "Division") designated the City of Terrell Enterprise Zone (the "Zone"); and

Whereas, The City of Terrell City Council directs and designates its Mayor as the City's liaison to communicate in all matters pertaining to the nomination and designation of an eligible business; and

WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in all Zones located within the City's jurisdiction and to provide employment to residents of the Zones and to other economically disadvantaged individuals; and

WHEREAS, the City Council hereby ordains and declares that the City chooses to participate in the Texas Enterprise Zone Program, and that the City shall provide the following incentives only in areas of the City that qualify as an Enterprise Zone:

(a.) The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the City of Terrell Tax Abatement Policy, and the qualified employee being defined by the Act.

(b.) The City may waive development fees to enterprise zone businesses meeting minimum standards.

(c.) The City may accelerate zoning and permit procedures.

Other incentives that shall be provided by the City to qualified businesses throughout the remainder of the jurisdiction include:

(a.) Capital improvements in water and sewer facilities and road repair;

(b.) The City will apply for training grants for new permanent jobs as available and appropriate to the industry;

(c.) One-stop permitting;

(d.) Low-interest loans for housing rehabilitation or improvement.

WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act") Venus Initiative, L.L.C. has applied to the City for designation as an enterprise project; and

WHEREAS, the Department will consider Venus Initiative, L.L.C. as an enterprise zone project pursuant to a nomination and an application made by the City of Terrell (the "City"); and

WHEREAS, the City finds that Venus Initiative, L.L.C. meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds:

1.) Venus Initiative, L.L.C. is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business in an Enterprise Zone and at least twenty-five percent (25%) of the business' new employees will be residents of an Enterprise Zone or economically disadvantaged individuals; and

2.) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the Zone; and

3.) The designation of Venus Initiative, L.L.C. as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the Zone.

WHEREAS, the City finds that Venus Initiative, L.L.C. meets the criteria for tax relief and other incentives adopted by the City and nominates Venus Initiative, L.L.C. on the grounds that it will be locally wholly within the Zone, and will create a high level of employment, economic activity, and stability; and

WHEREAS, the City Council hereby ordains and declares that upon designation of the Proposed Enterprise Project, the City shall provide the following incentives to Venus Initiative, L.L.C.:

(d.) The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the City of Terrell Tax Abatement Policy, and the qualified employee being defined by the Act.

(e.) The City may waive development fees to enterprise zone businesses meeting minimum standards.

(f.) The City may accelerate zoning and permit procedures.

WHEREAS, the City finds that it is in the best interest of the City to nominate Venus Initiative, L.L.C. as an enterprise project pursuant to the Act.

NOW THEREFORE BE IT ORDAINED by the City Council of the City of Terrell that the findings of the City and its actions approving this ordinance taken at the Council meetings are hereby approved and adopted.

BE IT FURTHER ORDAINED that Venus Initiative, L.L.C. is a "qualified business" as defined in Section 2303.402of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F of the Act.

BE IT FURTHER ORDAINED that the enterprise project shall take effect on the date of designation of the enterprise project by Division and terminate five (5) years after that date of designation.

PASSED AND APPROVED this the 2nd day of September, 2003.
PASSED AND ADOPTED this the 10th day of September, 2003.


OLD BUSINESS
CONSENT AGENDA

Councilmember Floyd Trammell made a motion to adopt Ordinance No. 2194, Ordinance No. 2195 and Ordinance No. 2196 on CONSENT AGENDA. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes -none. Motion carried.


3. Discuss and Consider Adoption on Second Reading Ordinance No. 2194 - Providing for a One Hundred Twenty (120) day Moratorium on the Acceptance and Approval of all Permits, Applications and Site Plans Relating to the Planning of or Construction on Real Property Located within the Boundaries as Outlined in "Attachment A" within the City of Terrell.

ORDINANCE NO. 2194


AN ORDINANCE OF THE CITY OF TERRELL, TEXAS PROVIDING FOR A ONE HUNDRED TWENTY (120) DAY MORATORIUM FOR THE ACCEPTANCE AND APPROVAL OF ALL PERMITS, APPLICATIONS, AND SITE PLANS RELATING TO THE PLANNING OF OR CONSTRUCTION ON REAL PROPERTY LOCATED WITHIN THE BOUNDARIES AS OUTLINED IN ATTACHMENT A, WITHIN THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS; SAID MORATORIUM BEING FOR THE PURPOSE OF STUDYING AND POSSIBLY AMENDING DEVELOPMENT REGULATIONS APPLICABLE TO REAL PROPERTY WITHIN THIS AREA; PROVIDING AN APPEAL PROCESS; DIRECTING THE PLANNING AND ZONING COMMISSION TO CONTINUE WITH PROCEDURES TO STUDY AND POSSIBLY AMEND SAID ZONING; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE.

WHEREAS, the City Council of the City of Terrell finds it necessary to impose a 120 day moratorium on real property located within the boundaries as outlined in Attachment A, within the City of Terrell, Kaufman County, Texas; and

WHEREAS, the City Council finds that it is in the best interest of the City to impose this moratorium so that the Planning and Zoning Commission can further study the current zoning classifications and the City can also assess whether or not there are adequate essential public facilities and/or land use regulations for the anticipated growth on the subject area; and

WHEREAS, public workshops and hearings related to the proposed zoning and development regulations are anticipated to commence in December 2003; and

WHEREAS, it is in the City's interest to ensure that future development complies with the newly adopted regulations; and

WHEREAS, upon full review by the City Council of all matters related thereto, the City Council is of the opinion that the public interest would be served by the provision of a one hundred twenty (120) day moratorium.

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

SECTION 1: Such public hearing to consider a 120 day moratorium on real property located within the boundaries as outlined in Attachment A, within the City of Terrell, Kaufman County, Texas, was held on September 2, 2003 before the Planning and Zoning Commission and a second public hearing was held before the City Council on September 2, 2003. And the City Council finds that it is in the best interest of the City to impose a 120 day moratorium within the specified boundaries to allow the City adequate time to further study the current zoning classifications for the said area and to allow the City to assess whether there are adequate essential public facilities to meet the anticipated growth of said area.

SECTION 2:
(1.) Except as otherwise provided herein, after the effective date of, and extending for the duration of this ordinance, no city employee, officer, agent, bureau, department, board, or commission of the City shall accept for filing any development applications that would take any action to process such applications. Applications, together with any documents or fees accompanying the applications, which are submitted during the duration of this ordinance, shall be returned to the applicant as unfiled.

(2.) After the effective date of, and extending for the duration of this ordinance, no city employee, officer, agent, bureau, department, board, or commission of the City shall further process any pending applications, including but not limited to, acceptance of fees, review, or evaluation of the applications, scheduling for public review, or hearing, formulation of conditions or issuance of preliminary or final approvals of such applications.

(3.) Where state law or city ordinance, regulation, or other officially adopted rule requires evaluation, approval or other act of processing of any pending application duly filed with the City in a period of time shorter than the duration of this ordinance, the City shall undertake such action in accordance with such law, ordinance, regulation, or rule within the prescribed time; provided, however, that the City shall not accept for filing any subsequent or amended application, or take any action on any pending application not prescribed by ordinance to occur within a time certain, during the duration of this ordinance.

SECTION 3: EXEMPTIONS. The provisions of Sections 1 and 2 of this Ordinance are not applicable to any applications for the completion of a development which has received final site plan approval prior to the effective date of this Ordinance, excluding applications for zoning or rezoning, or major amendments to such final site plan.

SECTION 4: APPEALS.
(1.) An applicant for a development application aggrieved by the City's decision not to accept for filing or to further process such application may appeal for relief to the City Manager, or his designee. The appeal shall be in writing and shall be submitted to the Office of the City Manager, within ten (10) days of the date of notification that the development application will not be accepted for filing or will not be further processed for the duration of this Ordinance.

(2.) The appeal shall be considered by the City Manager, within twenty (20) days of the date the appeal is received in the Office of the City Manager. The City Manager shall not release the applicant from the requirements of this Ordinance, unless the applicant first presents credible evidence from which the City Manager can reasonably conclude that the delay in accepting or processing the development application substantially deprives the applicant of vested property rights protected by state law or constitutional provision. The City Manager shall also consider whether such potential deprivation outweighs the potential harm to the public health, safety and general welfare resulting from development prior to the adoption of new development regulations.

(3) The City Manager may take the following action:

(a) deny the appeal, in which case the development application shall not be accepted or further processed;

(b) grant the appeal, and direct that the Municipal Development Director, building official or other official responsible for reviewing the development application to accept the application for filing or to further process the application.

SECTION 5: The City of Terrell Planning and Zoning Commission is hereby directed to continue to study and recommend the possible rezoning and other development regulations for the real property located within the boundaries as outlined in Attachment A, within the City of Terrell, Kaufman County, Texas.

SECTION 6: Unless the City Council determines to extend the duration of this ordinance or to terminate it sooner, the provisions of this ordinance shall be in effect from its date of passage until December 27, 2003.

SECTION 7: It is the intention of the City Council that this ordinance and every provision thereof shall be considered severable in the invalidity of any section, clause, or provision or part or portion of any section, clause or provision of this ordinance shall not affect the validity of any other portion of this ordinance.

SECTION 8: Any and all ordinances, orders, resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this ordinance are hereby repealed and rescinded to the extent of any conflict herewith.

SECTION 9: This ordinance shall become effective immediately from and after its passage.

PASSED AND APPROVED this the 2nd day of September, 2003.
PASSED AND ADOPTED this the 10th day of September, 2003.


4. Discuss and Consider Adoption on Second Reading Ordinance No. 2195 - Amending the Boundary of the City of Terrell Enterprise Zone.

Ordinance No. 2195

An Ordinance of the City Council of the City of Terrell, Texas amending the boundary of the City of Terrell enterprise zone (enterprise zone no. EZ 230-101397-t) for the first time pursuant to the Texas enterprise zone act (Texas government code, chapter 2303); providing tax incentives to the amended area; reaffirming an authorized representative to act in all matters pertaining to the nomination and designation of the area described herein as an enterprise zone and reinvestment zone (Texas Tax Code, Chapter 312); and further reaffirming the liaison to act on all matters pertaining to the enterprise zone act once amended by Texas economic development.


Whereas, THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS DESIRES TO CREATE THE PROPER ECONOMIC AND SOCIAL ENVIRONMENT TO INDUCE THE INVESTMENT OF PRIVATE RESOURCES IN PRODUCTIVE BUSINESSES AND ENTERPRISES LOCATED IN SEVERELY DISTRESSED AREAS OF THE CITY AND TO PROVIDE EMPLOYMENT TO RESIDENTS OF SUCH AREA; AND

Whereas, CERTAIN CONDITIONS EXIST IN SUCH AREA WHICH REPRESENT A THREAT TO THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE OF SUCH AREA; AND

Whereas, IT IS NECESSARY AND IN THE BEST INTEREST OF THE CITY OF TERRELL TO ADD SUCH AREA TO OUR ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2303, THE "ACT");

Now, Therefore, be it ordained by the City Council of the City of Terrell, Texas:

SECTION 1. THAT THE CITY HEREBY AMENDS THE BOUNDARY OF OUR EXISTING CITY OF TERRELL ENTERPRISE ZONE. THE AREA DESCRIBED IN EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR DESIGNATION AS THE ENTERPRISE ZONE.

SECTION 2. THAT THE CITY COUNCIL FINDS THE ZONE AREA MEETS THE QUALIFICATIONS OF THE ACT.

SECTION 3. THAT THE CITY COUNCIL HEREBY ORDAINS AND DECLARES THAT UPON DESIGNATION OF THE PROPOSED ENTERPRISE ZONE AS AN ENTERPRISE ZONE, THE CITY SHALL PROVIDE THE FOLLOWING INCENTIVES IN THE PROPOSED ENTERPRISE ZONE:

(a.) THE CITY MAY ABATE TAXES ON THE INCREASE IN VALUE OF REAL PROPERTY IMPROVEMENTS AND ELIGIBLE PERSONAL PROPERTY THAT LOCATE IN A DESIGNATED ENTERPRISE ZONE. THE LEVEL OF ABATEMENT SHALL BE BASED UPON THE EXTENT TO WHICH THE BUSINESS RECEIVING THE ABATEMENT CREATES JOBS FOR QUALIFIED EMPLOYEES, IN ACCORDANCE WITH THE ATTACHED EXHIBIT B, AND THE QUALIFIED EMPLOYEE BEING DEFINED BY THE ACT.

(b.) THE CITY MAY WAIVE DEVELOPMENT FEES TO ENTERPRISE ZONE BUSINESSES MEETING MINIMUM STANDARDS.

(c.) THE CITY MAY ACCELERATE ZONING AND PERMIT PROCEDURES.

OTHER INCENTIVES SHALL BE PROVIDED BY THE CITY IN THE PROPOSED ENTERPRISE ZONE UPON ITS DESIGNATION AS AN ENTERPRISE ZONE AND THROUGHOUT THE CITY, INCLUDING:

(a.) CAPITAL IMPROVEMENTS IN WATER AND SEWER FACILITIES AND ROAD REPAIR;

(b.) THE CITY WILL APPLY FOR TRAINING GRANTS FOR NEW PERMANENT JOBS AS AVAILABLE AND APPROPRIATE TO THE INDUSTRY;

(c.) ONE-STOP PERMITTING;

(d.) LOW INTEREST LOANS FOR HOUSING REHABILITATION OR IMPROVEMENT.

SECTION 4. THAT THE AREA DESCRIBED IN THIS ORDINANCE IS DESIGNATED AS AN ENTERPRISE ZONE AND A REINVESTMENT ZONE, SUBJECT TO THE APPROVAL OF THE TEXAS ECONOMIC DEVELOPMENT.

SECTION 5. THAT THE CITY COUNCIL DIRECTS AND DESIGNATES ITS MAYOR AS THE CITY'S AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND A REINVESTMENT ZONE.

SECTION 6. THAT THE CITY COUNCIL FURTHER DIRECTS AND DESIGNATES ITS CITY MANAGER AS LIAISON FOR COMMUNICATION WITH TXED TO OVERSEE ZONE ACTIVITIES AND COMMUNICATIONS WITH QUALIFIED BUSINESSES.

SECTION 7. THAT A PUBLIC HEARING TO CONSIDER THIS ORDINANCE WAS HELD BY THE CITY COUNCIL ON SEPTEMBER 2, 2003.

SECTION 8. THAT THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS PASSAGE AS THE LAW AND CHARTER IN SUCH CASE PROVIDES.

PASSED AND APPROVED THIS THE 2ND DAY OF SEPTEMBER, 2003.
PASSED AND ADOPTED THIS THE 10TH DAY OF SEPTEMBER, 2003.


5. Discuss and Consider Adoption on Second Reading Ordinance No. 2196 - Establishing Reinvestment Zone No. 2 for Commercial-Industrial Tax Abatement as Authorized by V.T.C.A., Tax Code 312.001, et. Seq., Cited as the Property Redevelopment and Tax Abatement Act.

ORDINANCE NO. 2196

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 2; PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A TAX ABATEMENT REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; AUTHORIZING AGREEMENTS IN WRITING WITH THE OWNERS OF ANY TAXABLE REAL AND TANGIBLE PERSONAL PROPERTY LOCATED WITHIN THE DESIGNATED ZONE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME ON BEHALF OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Terrell, Texas ("City"), has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and
WHEREAS, the City Council of the City has conducted a public hearing on the designation of the area described herein as a reinvestment zone in a regularly scheduled meeting before the City Council at 7:00 p.m. on the 2nd day of September, 2003, such date being at least seven (7) days after the date of publication of the notice of such public hearing as required by the Texas Tax Code; and
WHEREAS, notice of the public hearing was delivered to the presiding officer of the governing body of each affected taxing unit at least seven (7) days before the date of the public hearing; and
WHEREAS, the City, at such hearing, invited all interested persons or their representatives to appear and speak for or against the creation of the proposed reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in this ordinance should be included in such proposed reinvestment zone, and the concept of tax abatement;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS:
SECTION 1. That the City Council of the City finds that the area described herein will, if designated as a tax abatement reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement.

SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the area consisting of a tract of land containing approximately 63 acres and being further described in Exhibit A attached hereto and made a part hereof for all purposes (the "Property") is hereby designated as a Reinvestment Zone, and for identification shall be known as "Reinvestment Zone No. 2."

SECTION 3. That the Property within Reinvestment Zone No. 2 is eligible for commercial-industrial tax abatement effective as of January 1, 2003.

SECTION 4. That the City Council hereby authorizes tax abatement agreement(s) with the owner(s) of Property for the abatement of improvements to be constructed on the Property located within the Reinvestment Zone designated herein, subject to the guidelines and criteria governing tax abatement heretofore adopted by the City Council. The City Manager is hereby authorized to execute tax abatement agreements with the owner(s) of the Property located within the Reinvestment Zone designated herein in accordance with this Ordinance.

SECTION 5. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional.

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

SECTION 7. This Ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide.

PASSED AND APPROVED this the 2nd day of September, 2003.
PASSED AND ADOPTED this the 10th day of September, 2003.


4. 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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