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REGULAR CITY COUNCIL MEETING

SEPTEMBER 16, 2003

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, September 16, 2003 in the City Council Chambers at 7:00 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.
(For the record) a Quorum is present.

2. Invocation.

Councilmember Tommy Spencer gave the opening prayer

Mayor Pro-tem Rick Carmona (For the record) The Mayor is absent for reasons acceptable to Council.

3. Consider Approval of Regular City Council Meeting Minutes of September 2, 2003.

Councilmember Floyd Trammell made a motion to approve the Regular City Council Meeting Minutes of September 2, 2003. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

4.
a.) Conduct a Public Hearing to Receive Public Comment on a Request for a Zone Change at 309 10th Street Described as the South One-Half of Lots 1-4, Block 2, Terrell Terrace from the Current Zoning of Single-Family (1F2) to Two-Family (2F).

Mayor Pro tem Rick Carmona opened a Public Hearing to Receive Public Comment on a Request for a Zone Change at 309 10th Street Described as the South One-Half of Lots 1-4, Block 2, Terrell Terrace from the Current Zoning of Single-Family (1F2) to Two-Family (2F). City Manager Gordon Pierce gave opening comments to the Council. One (1) person spoke for the Zone Change. No one spoke against the Zone Change. Mayor Pro tem Rick Carmona closed the public hearing.

b.) Discuss and Consider Approval of Ordinance No. 2198 - Zone Change at 309 10th Street Described as the South One-Half of Lots 1-4, Block 2, Terrell Terrace from the Current Zoning of Single-Family (1F2) to Two-Family (2F).

Councilmember Debra Kelly made a motion to approve Ordinance No. 2198 - Zone Change at 309 10th Street Described as the South One-Half of Lots 1-4, Block 2, Terrell Terrace from the Current Zoning of Single-Family (1F2) to Two-Family (2F). Councilmember Floyd Trammell seconded the motion. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2198

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM SINGLE-FAMILY (1F2) TO TWO-FAMILY (2F) AT 309 10TH STREET, PROPERTY DESCRIBED AS THE SOUTH ONE-HALF OF LOTS 1-4, BLOCK 2, TERRELL TERRACE, OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

NEW BUSINESS

5. Discuss and Consider Approval of an Access Easement Agreement.

City Manager Gordon Pierce and City Attorney Mary Gayle Ramsey presented to Council for discussion and consideration an Access Easement Agreement. Councilmember Tommy Spencer made a motion to approve the Access Easement Agreement. Councilmember Debra Kelley seconded the motion. Ayes - all; Nayes - none. Motion carried.

6. Discuss and Consider Approval of Resolution No. 467 - Approving the Acceptance of an Award from the U.S. Department of Justice Local Law Enforcement Block Grants Program.

City Manager Gordon Pierce presented to council for discussion and consideration Resolution No. 467 - Approving the Acceptance of an Award from the U.S. Department of Justice Local Law Enforcement Block Grants Program. Councilmember Floyd Trammell made a motion to approve Resolution No. 467 - Approving the Acceptance of an Award from the U.S. Department of Justice Local Law Enforcement Block Grants Program. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 467

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, APPROVING THE ACCEPTANCE OF AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE, LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM.

WHEREAS, the City of Terrell will use Local Law Enforcement Block Grant Funds to purchase equipment for the Terrell Police Department tactical team and for basic law enforcement purposes.

WHEREAS, the City of Terrell will not use the funds for any of the specifically prohibited uses; and

WHEREAS, the City of Terrell is eligible to participate in this program as a unit of local government; and

WHEREAS, The City of Terrell will provide a local match of $3,365.00 for this grant; and

WHEREAS, the City Of Terrell will give suitable preference to the employment of members of the Armed Forces involuntarily separated or retired due to Department of Defense reductions in force.

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

SECTION 1. That an award for the fiscal year 2003 Local Law Enforcement Block Grants Program in the amount of $30,289.00 be accepted.

SECTION 2. That the City will provide matching funds in the amount of $3,365.00.

SECTION 3. The City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this award.

PASSED AND APPROVED this 16th day of September, 2003.

7. Discuss and Consider Declaring Police Unit #32063 as Surplus and a Request from Grand Saline Police Department for City of Terrell Police Vehicle.

City Manager Gordon Pierce presented to council for discussion and consideration Declaring Police Unit #32063 as Surplus and a Request from Grand Saline Police Department for City of Terrell Police Vehicle. Councilmember Floyd Trammell made a motion Declaring Police Unit #32063 as Surplus and authorized the City Manager to enter into an interlocal agreement with the City of Grand Saline for the vehicle. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

8. Consider Approval of an Agreement with Dunkin, Sefko & Associates, Inc. Regarding the Development of Impact Fees.

City Manager Gordon Pierce presented to council for discussion and consideration an Agreement with Dunkin, Sefko & Associates, Inc. Regarding the Development of Impact Fees. Councilmember Debra Kelley made a motion to approve the Agreement with Dunkin, Sefko & Associates, Inc. Regarding the Development of Impact Fees not to exceed $15,000.00. Councilmember Floyd Trammell seconded the motion. Ayes - all; Nayes - none. Motion carried.

9. Consider Approval of an Agreement with Freese & Nichols, Inc. Regarding Engineering Services Related to the Development of Impact Fees.

City Manager Gordon Pierce presented to council for discussion and consideration an Agreement with Freese & Nichols, Inc. Regarding Engineering Services Related to the Development of Impact Fees. Councilmember Floyd Trammell made a motion to approve the Agreement with Freese & Nichols, Inc. Regarding Engineering Services Related to the Development of Impact Fees not to exceed $76,000.00. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

10. Discuss and Consider Bids and Award of Contract for Annual Mowing Contract.

City Manager Gordon Pierce and Interim Municipal Development Director Barbara Trego presented to council for discussion and consideration Bids and Award of Contract for Annual Mowing Contract. Councilmember Floyd Trammell made a motion to award the Contract for Annual Mowing to Wylie Services not to exceed $35.00 per 1-acre parcel. Councilmember Debra Kelley seconded the motion. Ayes - all; Nayes - none. Motion carried.

11. Discuss and Consider Bid Award for Land Application of Sludge - Bid No. 04-51-01.

City Manager Gordon Pierce and Utility Director Sonny Groessel presented to council for discussion and consideration, Bid Award for Land Application of Sludge - Bid No. 04-51-01. Councilmember Floyd Trammell made a motion to award the bid for Land Application of Sludge - Bid No. 04-51-01 to the low bidder Enviroganics in the amount of $56,000.00. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

12. Discuss and Consider Bid Award for Liquid Chlorine - Bid No. 04-51-02.

City Manager Gordon Pierce presented to council for discussion and consideration Bid Award for Liquid Chlorine - Bid No. 04-51-02. Councilmember Debra Kelley made a motion to award the bid for Liquid Chlorine - Bid No. 04-51-02 to the low bidder Harcros Chemical in the amount of $24,840.00. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

13. Discuss and Consider Bid Award for Polymer - Bid No. 04-51-03.

City Manager Gordon Pierce and Utility Director Sonny Groessel presented to council for discussion and consideration Bid Award for Polymer - Bid No. 04-51-03. Councilmember Floyd Trammell made a motion to award the bid for Polymer - Bid No. 04-51-03 to the low bidder Fort Bend Services in the amount $75,650.00. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

14. Discuss and Consider Approval of Resolution No. 468 - Authorizing Representatives to Invest Funds And to Act as Custodian of Investments Purchased with Local Investment Funds.

City Manager Gordon Pierce presented to council for discussion and consideration Resolution No. 468 - Authorizing Representatives to Invest Funds and to Act as Custodian of Investments Purchased with Local Investment Funds. Councilmember Debra Kelley made a motion to approve Resolution No. 468 - Authorizing Representatives to Invest Funds and to Act as Custodian of Investments Purchased with Local Investment Funds. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 468

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, AUTHORIZING REPRESENTATIVES TO TRANSMIT FUNDS FOR INVESTMENT IN TexPool/ TexPool Prime AND ARE EACH FURTHER AUTHORIZED TO WITHDRAW FUNDS FROM TIME TO TIME, TO ISSUE LETTERS OF INSTRUCTION AND TO TAKE ALL OTHER ACTIONS DEEMED NECESSARY OR APPROPRIATE FOR THE INVESTMENT OF LOCAL FUNDS.

WHEREAS, the City of Terrell, Texas is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and

WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity and yield consistent with the Public Funds Investment Act; and

WHEREAS, the Texas Local Government Investment Pool ("TexPool/TexPool Prime") a public funds investment pool, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity and yield consistent with the Public Funds Investment Act.

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

A.) That the individuals, whose signatures appear in this Resolution are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool/ TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction and to take all other actions deemed necessary or appropriate for the investment of local funds.

B.) That an Authorized Representative of the Participant may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representatives (1) is assigned job duties that no longer require access to the Participant's TexPool/TexPool Prime account or (2) is no longer employed by the participant; and

C.) That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee or agent of the Participant;

Name: Gordon C. Pierce Title: City Manager
Signature: ____________________ Phone Number: 972-551-6605

Name: John Rounsavall Title: City Secretary/Finance Director
Signature: ____________________ Phone Number: 972-551-6610

The Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmation and monthly statements under the Participation Agreement is as follows:

Name: John Rounsavall
Email: jrounsavall@cityofterrell.org Fax: 972-551-1101

D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant and until TexPool Participant Services receives a copy of any such amendment or revocation.

Passed and Approved on this the 16th day of September, 2003.

15. Discuss and Consider Approval of Resolution No. 469 - Authorizing the City Manager or His Designee To Execute an Electric Supply Agreement to be Signed by Cities Aggregation Power Project for Deliveries Of Electricity Effective January 1, 2004.

City Manager Gordon Pierce presented to council for discussion and consideration Resolution No. 469 - Authorizing the City Manager or His Designee to Execute an Electric Supply Agreement to be Signed by Cities Aggregation Power Project for Deliveries of Electricity Effective January 1, 2004. Councilmember Debra Kelley made a motion to approve Resolution No. 469 - Authorizing the City Manager or His Designee to Execute an Electric Supply Agreement to be Signed by Cities Aggregation Power Project for Deliveries of Electricity Effective January 1, 2004. Councilmember Floyd Trammell seconded the motion. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 469

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER PROJECT, INC. FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2004; AUTHORIZING ELIGIBLE DESIGNEES TO INCLUDE THE CHAIRMAN OF CAPP

WHEREAS, the City of Terrell, Texas (City) is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its more than 80 members in the competitive retail market; and

WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity in 2002 and 2003 for its members; and

WHEREAS, CAPP anticipates preserving current contract terms and achieving commodity prices in a contract for a 12 to 24 month period effective January 1, 2004 that continue to produce savings over the regulated price to beat (PTB); and

WHEREAS, CAPP believes that the pricing opportunity window for favorable 2004-2005 deliveries will be short-lived (in the October to mid-November time period) and that CAPP members must be able to commit contractually to prices within a 24-hour period in order to lock-in favorable prices; and

WHEREAS, experiences in contracting for 2002-2003 demonstrated that Retail Electric Providers demand immediate response to an offer and may penalize delay with higher prices; and

WHEREAS, the deregulated electric market is complex, likely to penalize those unaware of its transmission constraints and likely to reward those who can improve the size and shape of the particular load to be served and the City benefits from jointly shared experience and collective purchasing power through CAPP; and

WHEREAS, it is necessary for the City to contract for a supply of electricity for 2004 or at least partially revert to PTB rates; and

WHEREAS, CAPP's current delivered energy prices provide savings when measured against PTB, and PTB rates likely will continue to remain higher than prices CAPP can achieve on behalf of the City.

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

That the City Manager or his designee is hereby authorized to sign an electric power agreement pursuant to the contract approved and recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation. The designee may include the Chairman of CAPP. The contract may be for a 12 to 24 month time frame.

II.

A copy of the resolution shall be sent to Mary Bunkley with the City Attorney's office in Arlington and Geoffrey M. Gay, legal counsel to CAPP, before October 8, 2003.

PRESENTED AND PASSED ON THIS THE 16TH DAY OF SEPTEMBER, 2003.

16. Discuss Calling for Charter Revision Election.

Council by consensus agreed to hold the Charter Revision Election February 17, 2004. The ordinance calling for Charter Revision Election is to be on the next City Council Agenda.

17. Discuss and Consider Setting Date, Time and Location for Fall City Council Retreat.

Council by consensus agreed to hold the Fall City Council Retreat on October 16th and 17th 2003 beginning at 10:00 AM on the 16th, ending at 12:00 PM on the 17th at Texoma.

18. Hear Remarks from Visitors.

Dr. Horace Flatt came before council with a commentary regarding the Pledge of Allegiance. He also made a request for clarification of the meaning in the existing City Charter regarding the Prohibition concerning a city official holding any other office in the service of the city
OLD BUSINESS
CONSENT AGENDA

19. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss the Following:

c.) Section 551.074 - Personnel Matters - Discuss Police Chief Applicants.
d.) Section 551.071 - Pending Litigation - Discuss Matters with City Attorney.
e.) Section 551.072 - Negotiate Sale of Real Property.

20. Reconvene into Regular Session and Consider Action, if any, on Items Discussed in Executive Session.

c.) Section 551.074 - Personnel Matters - Discuss Police Chief Applicants. Councilmember Floyd Trammell made a motion to authorize the City Manager Gordon Pierce to enter into an employment agreement with Police Chief Applicant Todd Miller. Councilmember Debra Kelley seconded the motion. Ayes - all; Nayes - none. Motion carried.

21. 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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