Minutes 

CITY COUNCIL MEETING

JANUARY 7, 1997

7:00 P.M.

1.0 ANNOUNCEMENTS AND PUBLIC HEARINGS

A regular meeting of the City Council was held January 7, 1997, at 7:00 p.m. with the following members present:

COUNCILMEMBER #1 DON L. LINDSEY
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 JACK JONES
COUNCILMEMBER #5 ROBERT MESSER

1.1 INVOCATION

Don L. Lindsey called the meeting to order and Councilmember Jack Jones gave the opening prayer.

1.2 PRESENTATION OF ARLIE WHITE P.R.I.D.E. AWARD

No action was taken. To be presented at next regular City Council meeting.

1.3 CONDUCT A PUBLIC HEARING FOR A SPECIFIC USE PERMIT FOR PROPERTY LEGALLY DESCRIBED AS LOT 2B, BLOCK B, METROEAST ADDITION, (3002-A TEMTEX BLVD.).

Mayor Don L. Lindsey opened Public Hearing for a Specific Use Permit for property legally described as Lot 2B Block B MetroEast Addition 3002 A Temtex Blvd. There was no one present to speak for or against the specific use permit. A motion was made by Councilmember Jack Jones and seconded by Councilmember Frances Anderson to close the public hearing. Ayes all; Nayes none. Motion carried.

1.4 CONDUCT A PUBLIC HEARING FOR A REQUEST FOR ZONE CHANGE FROM AGRICULTURAL TO LIGHT INDUSTRIAL O PROPERTY LEGALLY DESCRIBED AS BEING 5.036 ACRES OUT OF THE J.C. HALE SURVEY, ABSTRACT NO. 202, KAUFMAN COUNTY, TEXAS, AND BEING THE REMAINDER OF THAT CALLED 62 ACRE TRACT DESCRIBED INDEED RECORDED IN VOLUME 360, PAGE 16 OF THE DEED OF RECORDS OF KAUFMAN, COUNTY, TEXAS, AND ALSO THE SOUTHWESTERLY 2.00 ACRES OF THAT CALLED 6.6835 ACRE TRACT DESCRIBED IN SHERIFF'S TAX DEED RECORDED IN VOLUME 1154, PAGE 260 OF SAID DEED RECORDS

Mayor Lindsey opened public hearing for a request for zone change from Agriculture to Light Industrial on property legally described as 5.036 acres of J.C. Hale Survey. Freddie Kirkpatrick of 6401 Norton, Terrell, Texas spoke in favor of the zone change. There was no one present to speak against the zone change. Motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to close the public hearing. Ayes all; Nayes none. Motion carried.

2.0 MINUTES

2.1 CONSIDER APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING HELD DECEMBER 3, 1996, AND THE SPECIAL MEETING HELD DECEMBER 17, 1996.

A motion was made by Councilmember Jack Jones and seconded by Councilmember Frances Anderson to approve the minutes of the regular meeting held December 3, 1996, and the special meeting held December 17, 1996. Ayes all; Nayes none. Motion carried.

3.0 BIDS

CITY COUNCIL MINUTES
JANUARY 7, 1997
PAGE 2

3.1 CONSIDER BIDS FOR CLEANING AND VIDEO OF VARIOUS SANITARY SEWERS

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to award service for cleaning and video of various sanitary sewers to low bidder CLS Service and Supply in the amount of $68,653.45. Ayes all; Nayes none. Motion carried.
CITY OF TERRELL
CLEANING & VIDEO INSPECTION SERVICES
OPENING AT 10:00 A.M., JANUARY 2, 1997

BIDDER TOTALITEM #1 MISC. #2 MISC. #3 MISC. #4 TOTALMISC. TOTALBID
CLS SERVICE & SUPPLY, INC. $17,820.95 $39,000.00 $9,750.00 $2,082.50 $50,832.50 $66,653.45
UTILITY & ENVIRONMENTAL SERVICES, INC. 18,314.75 40,000.00 10,000.00 2,125.00 52,125.00 70,439.75
COASTAL CONTRACTORS, INC. 20,296.00 45,000.00 11,250.00 2,422.50 58,672.50 79,968.50
ALLCITY 23,819.99 41,800.00 10,950.00 2,932.50 55,682.50 79,501.49
ROTO-ROOTER 25,320.05 73,000.00 18,250.00 3,102.50 94,352.50 119,672.55
SPECIALIZED MAINTENANCE SERVICES, INC. 38,604.90 63,600.00 17,800.00 4,513.50 85,913.50 124,518.40

3.2 CONSIDER APPROVAL OF PRICE QUOTES FOR LEASE/PURCHASE FINANCING FOR 1997 JOHN DEER LOADER

A motion was made by Councilmember Frances Anderson and seconded by Councilmember Jack Jones to award the financing of the 1997 John Deer Loader to ANB Leasing, Inc. for a term of 7 years. Ayes all; Nayes none. Abstained Robert Messer.

LEASE/PURCHASE PROPOSAL FOR 1997 JOHN DEER 544-G-TC WHEEL LOADER

1st Farmers & Merchants Bank ANB Leasing, Inc.
PURCHASE PRICE $83,796.21 $83,796.21
DOWN/PAYMENT 20,000.00 20,000.00
FINANCING AMOUNT $63,796.21 $63,796.21

FIVE YEAR PROPOSAL
INTEREST RATE 5.50% 5.15%
MONTHLY PAYMENTS $1,063.27 PLUS INT. 1,208.30
MONTHLY
TOTAL PAYMENTS $72,592.22 $72,498.14

SEVEN YEAR PROPOSAL
INTEREST RATE 5.75% 5.20%
MONTHLY PAYMENTS $759.48 PLUS INT. $907.70
MONTHLY
TOTAL PAYMENTS $76,610.05 $76,246.58

SUMMARY: PROPOSAL
5-YEAR 7-YEAR
1ST FARMERS & MERCHANTS BANK $72,592.22 $76,610.05

THE ANB LEASING COMPANY $72,498.14 $76,246,58

DIFFERENCE 94.08 363.47

4.0 ROUTINE BUSINESS

none

5.0 OLD BUSINESS

CITY COUNCIL MINUTES
JANUARY 7, 1997
PAGE 3

5.1 CONSIDER ADOPTION OF ORDINANCE #1852 - AMENDING PERMIT FEES

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Tommy Spencer to adopt Ordinance #1852 on second reading. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1852

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 7: BUILDING PERMIT FEE AND CHARGE OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVING AN EFFECTIVE DATE.

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

THAT Appendix I, Fee Schedule, SECTION 7: BUILDING PERMIT FEE AND CHARGES, of the Revised Code of Ordinances of the City of Terrell, Texas, shall be amended by adding subparagraph (10) Signs: `:

SECTION I.

SECTION 7: BUILDING PERMIT FEES AND CHARGES

Add subparagraph (10) Signs:`

(10) Signs:

60 S.F. $ 70.00
100-150 S.F. 80.00
200 S.F. 100.00
BILLBOARDS 150.00
BANNERS 25.00

(Non-profit organizations are exempt from the fee for banners.)

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 ordinances 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 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.

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JANUARY 7, 1997
PAGE 4

PASSED AND APPROVED on first reading this 3rd day of December, 1996.
PASSED AND ADOPTED on second reading this 7th day of January, 1997.

APPROVED:

___________________________________
DON L. LINDSEY, MAYOR

ATTEST: APPROVED AS TO FORM:

____________________________ ____________________________________
BOBBY BISHOP MARY GAYLE RAMSEY
CITY SECRETARY CITY ATTORNEY

5.2 CONSIDER ADOPTION OF ORDINANCE #1856 - WRECKER SERVICE PERMIT

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Tommy Spencer to adopt Ordinance #1856 on second reading. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1856

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING ORDINANCE NO. 1806, SECTION 39, WRECKER SERVICE PERMIT FEES AND RATES, PARAGRAPH B. WRECKER SERVICE FEES, OF THE REVISED CODE OF ORDINANCE OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

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

SECTION I.

THAT Appendix I, Fee Schedule, Section 39, Wrecker Service Permit Fees and Rates, Paragraph B. Wrecker Service Fees, Subparagraphs (1), (2) and (6), of the Revised Code of Ordinances of the City of Terrell, Texas, shall hereby be amended to read as follows:

B. WRECKER SERVICE FEES

(1) Towing vehicle by light-duty wrecker within one (1) location within the city to another within the city limits and/or its extraterritorial jurisdiction. $50.00. ($35.00)

(2) Towing vehicle by heavy-duty wrecker within one (1) location within the city to another within the city limits and/or its extraterritorial jurisdiction (1 hour minimum). $150.00 ($100.00)

(6) The fee to store an impounded vehicle at the city's pound shall not exceed $15.00 ($5.00) per day. A day shall be computed as a minimum period of not less than twenty-four (24) hours.

SECTION II.

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

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JANUARY 7, 1997
PAGE 5

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 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.

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 first reading this 3rd day of December, 1996.

PASSED AND ADOPTED on second reading this 7th day of January, 1997.

__________________________________________
DON L. LINDSEY, MAYOR
ATTEST:

_____________________________________
BOBBY BISHOP, CITY SECRETARY

APPROVED AS TO FORM:

_______________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

6.0 NEW BUSINESS

6.1 CONSIDER APPROVAL OF ORDINANCE #1857 - SPECIFIC USE PERMIT

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to approve on first reading of Ordinance #1857. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1857

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT ON PROPERTY LEGALLY DESCRIBED AS LOT 2B, BLOCK B, METRO EAST ADDITION, 3002-A TEMTEX BLVD., OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

SECTION I.

WHEREAS, the City Council of the City of Terrell, held a public hearing at 7:00 p.m. on Tuesday, December 3, 1996, in the Council Chamber of the City Hall in Terrell, Texas to consider a request for a Specific Use Permit to locate one (1) temporary trailer for office use during construction of a building in Metrocrest Industrial Park, and said site being more specifically described as Lot 2B, Block B, MetroEast Addition, City of Terrell, Kaufman County, Texas; and

WHEREAS, the City Council has determined the real property is located in a LI (Light Industrial) zoning district; and

CITY COUNCIL MINUTES
JANUARY 7, 1997
PAGE 6

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 subject to certain stipulations.

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

A Specific Use Permit is granted to locate one (1) temporary trailer for office use on the property located at 3002-A Temtex Blvd., Lot 2B, Block B, MetroEast Addition, City of Terrell, Kaufman County, Texas, with the following stipulations:

1. Specific Use Permit to be reviewed for compliance at least annually.

2. Specific Use Permit to be effective for a period not to exceed one (1) year from date of final approval.

3. No additional temporary trailers to be allowed under this Specific Use Permit and no replacement trailers on property without written approval from 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.

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 in 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 7TH DAY OF JANUARY, 1997.

PASSED AND ADOPTED ON THIS 21ST DAY OF JANUARY, 1997.

APPROVED:

______________________________________
DON L. LINDSEY, MAYOR

ATTEST:

____________________________________
BOBBY BISHOP, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

CITY COUNCIL MINUTES
JANUARY 7, 1997
PAGE 7

6.2 CONSIDER APPROVAL OF ORDINANCE #1859 - ZONE CHANGE

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to approve on first reading Ordinance #1859. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1859

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, CHANGING THE ZONING FROM AGRICULTURAL ZONING TO LIGHT INDUSTRIAL ZONING FOR PROPERTY LEGALLY DESCRIBED AS BEING 5.036 ACRES OUT OF THE J.C. HALE SURVEY, ABSTRACT NO. 202, KAUFMAN COUNTY, TEXAS, AND BEING THE REMAINDER OF THAT CALLED 62 ACRE TRACT DESCRIBED IN DEED RECORDED IN VOLUME 360, PAGE 16 OF THE DEED RECORDS OF KAUFMAN COUNTY, TEXAS, AND ALSO THE SOUTHWESTERLY 2.00 ACRES OF THAT CALLED 6.6835 ACRE TRACT DESCRIBED IN SHERIFF'S TAX DEED RECORDED IN VOLUME 1154, PAGE 260 OF SAID DEED RECORDS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND 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 held a public hearing on January 6, 1997, on request to change the zoning on property legally described as being 5.036 Acres out of the J.C. Hale Survey, abstract no. 202, Kaufman County, Texas, and being the remainder of that called 62 acre tract described in deed recorded in volume 360, page 16 of the deed records of Kaufman County, Texas, and also the southwesterly 2.00 acres of that called acre tract described in sheriff's tax deed recorded in volume 1154, page 260 of said deed records; from agricultural zoning to light industrial zoning; and

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

WHEREAS, the City Council of the City of Terrell, Texas has determined that it would be in the best interest of the citizens of Terrell to change the zoning on property legally described as being 5.036 Acres out of the J.C. Hale Survey, abstract no. 202, Kaufman County, Texas, and being the remainder of that called 62 acre tract described in deed recorded in volume 360, page 16 of the deed records of Kaufman County, Texas, and also the southwesterly 2.00 acres of that called acre tract described in sheriff's tax deed recorded in volume 1154, page 260 of said deed records; from agricultural zoning to light industrial zoning.

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

THAT the zoning classification be and is hereby changed on property legally described as being 5.036 Acres out of the J.C. Hale Survey, abstract no. 202, Kaufman County, Texas, and being the remainder of that called 62 acre tract described in deed recorded in volume 360, page 16 of the deed records of Kaufman County, Texas, and also the southwesterly 2.00 acres of that called acre tract described in sheriff's tax deed recorded in volume 1154, page 260 of said deed records; from agricultural zoning to light industrial zoning..

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JANUARY 7, 1997
PAGE 8

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 7th day of January, 1997.

PASSED AND ADOPTED THIS 21st day of January, 1997.

APPROVED:

____________________________________
Don L. Lindsey, Mayor

ATTEST:

____________________________________
Bobby Bishop, City Secretary

APPROVED AS TO FORM:

____________________________________
Mary Gayle Ramsey, City Attorney

6.3 CONSIDER APPROVAL OF ORDINANCE #1860 - ABANDONMENT OF ARTESIA STREET RIGHT-OF-WAY

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve Ordinance #1860 on first reading. Ayes all; Nayes none. Motion carried.

CITY COUNCIL MINUTES
JANUARY 7, 1997
PAGE 9

ORDINANCE NO. 1860

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, VACATING AND ABANDONING A STREET IN J.W. CUDE SURVEY, CITY OF TERRELL.

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

WHEREAS, a petition signed by adjacent property owners, requesting that a portion of Artesia Street be closed to public use and abandoned, has been filed with the City for consideration; and

WHEREAS, this body has following proper notice to the public and adjacent property owners, conducted a public hearing on the matter, heard testimony concerning the request, and determined that a public need for the subject street no longer exists, and that its vacation would be to the public benefit in general;

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

THAT the portion of Artesia Street situated in the J.W. Cude survey, Abstract No. 90, within the corporate limits of the City of Terrell, Kaufman County, Texas, and lying between the South line of Nash Street and the North line of U.S. Hwy 80 (Moore Ave.) less save and except those two 15 foot wide parcels previously conveyed per Quit Claim Deeds as recorded in Volume 167, Page 763, and Volume 938, Page 191, of the Deed Records of Kaufman County, Texas, and being more particularly described as follows:

BEGINNING at the Northeast corner of Block 130 of the Moore and Nash Addition to the City of Terrell, Texas;

THENCE in an Easterly direction, parallel to the centerline of Nash Street, a distance of 65 feet to the Northwest corner of that 15 foot wide tract described in Volume 617, Page 763, of said Deed Records;

THENCE in a Southerly direction, parallel to the East lines of Blocks 130 and 131 of said Moore and Nash addition, a distance of 145 feet to the North line of Moore Ave.;

THENCE in a Westerly direction, parallel to the center line of Moore Ave., a distance of 65 feet to the Southeast corner of Block 130 of the Moore and Nash addition;

THENCE in a Northerly direction with the East line of said Block 130, a distance of 145 feet to the Point of Beginning and containing 0.216 of an acre, more or less;

BE and is hereby closed and abandoned.

ARTICLE II

THAT all Ordinances of the City of Terrell, Texas, in conflict with the provisions of this Ordinance be, and same are, hereby repealed.

ARTICLE III

THAT 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 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.

CITY COUNCIL MINUTES
JANUARY 7, 1997
PAGE 10
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 APPROVE THIS 7TH DAY OF JANUARY, 1997.

PASSED AND ADOPTED THIS 21ST DAY OF JANUARY, 1997.

APPROVED:

____________________________________
Don L. Lindsey, Mayor

ATTEST:

____________________________________
Bobby Bishop, City Secretary

APPROVED AS TO FORM:

____________________________________
Mary Gayle Ramsey, City Attorney

6.4 CONSIDER APPROVAL OF ORDINANCE #1861 - AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 24: SOLID WASTE COLLECTION AND DISPOSAL RATES AND CHARGES

A motion was made by Councilmember Jack Jones and seconded by Councilmember Frances Anderson to approve Ordinance #1861 on first reading. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1861

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX I, FEE SCHEDULE, SECTION 24, SOLID WASTE COLLECTION AND DISPOSAL RATES AND CHARGES; REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; 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, TEXAS:
THAT Appendix I, Fee Schedule, Section 24, of the Revised Code of Ordinances of the City of Terrell, Texas, shall be deleted in its entirety and replaced with the following:

SECTION I.

Section 24: Solid Waste Collection and Disposal

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JANUARY 7, 1997
PAGE 11

(1) Collection Services

(a) Residential Rate. All residential units shall be charges $9.71 per month per unit for twice a week collection. The number of bags are not to exceed ten (10) bags per pickup.

(b) Hand Collection Commercial Rate. All hand collection commercial shall be charged $9.71 per month for twice a week collection. The number of bags are not to exceed ten (10) bags per pickup.

(2) Citizens Convenience Station

(a) Vehicles.

CAR $ 7.50
1/2 TON PICKUP TRUCK (BED LEVEL) 15.00
1/2 TON PICKUP (ABOVE BED LEVEL) 30.00
1 TON PICKUP TRICK (BED LEVEL) 25.00
1 TON PICKUP TRICK (ABOVE BED LEVEL) 45.00

(b) Trailers

4X8 TRAILER $ 25.00
4X8 TRAILER W/ SIDE FRAMES 40.00
1 AXLE 6X10 CATTLE TRAILER 50.00
2 AXLE 6X16 CATTLE TRAILER 105.00
2 AXLE 6X16 (FLATBED) TRAILER 60.00

(c) All permits for the City shall be issued by the Utility Department at the Terrell Municipal Center.

(d) "Personal Vehicles" includes pickups of 3/4 ton capacity, automobile- towed trailers, and pickup-towed trailers of not more than seven (7) cubic yard capacity when the towing vehicle is not also loaded. (If both a pickup and its trailer are loaded, the waste in the trailer shall be charged by the cubic yard.)

(e) "In City" refers to waste generated within the corporate limits of the City of Terrell; "County" refers to waste from outside of Terrell city limits, yet within Kaufman County; there is not charge to Terrell State Hospital for disposal service, other governmental units shall be charged "In-City" rates.

(f) Any disposal of items/refuse other than described above shall be by arrangement with the Director of Public Works.

Notes.

NO TIRES, BATTERIES, APPLIANCES, OR ASBESTOS SHINGLES WILL BE ACCEPTED.

ALL VEHICLES AND TRAILERS SHALL BE TARPED.

SECTION II.

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

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JANUARY 7, 1997
PAGE 12

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 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 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 first reading this 7th day of January, 1997.

PASSED AND ADOPTED on second reading this 21st day of January, 1997.

APPROVED:

________________________________________
DON L. LINDSEY, MAYOR

APPROVED AS TO FORM:

________________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

ATTEST:

________________________________________
BOBBY BISHOP, CITY SECRETARY

6.5 CONSIDER ORDINANCE #1862 - TRAFFIC SAFETY FOR WEST END STREET AT OLD TALTY ROAD

A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Jack Jones to approve Ordinance #1862 on first reading. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1862

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

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JANUARY 7, 1997
PAGE 13

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

ARTICLE I.

THAT in accordance with Chapter 11, Section 35, of the 1986 Revised Code of Ordinances, the installation of stop signs on all approaches to the intersection of West End Street and Old Talty Road is hereby authorized and directed.

ARTICLE II.

THAT drivers or operators of vehicles approaching such signs shall come to a complete stop prior to proceeding.

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 7th day of January, 1997.

PASSED AND ADOPTED THIS 21st day of January, 1997.

____________________________________
DON L. LINDSEY, MAYOR

ATTEST:

______________________________________
CITY SECRETARY

APPROVED AS TO FORM:

______________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

6.6 CONSIDER APPROVAL OF TERRELL ECONOMIC DEVELOPMENT CORPORATION RECOMMENDATION CONCERNING VISTAWALL

A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Frances Anderson for approval of Terrell Economic Development Corporation recommendation concerning Vistawall expansion project. Ayes all; Nayes none. Motion carried.

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JANUARY 7, 1997
PAGE 14

6.7 CONSIDER APPROVAL OF CHANGE ORDER NO. 2 TO THE AGREEMENT WITH GRACON, PROJECT NO. 90-13

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to approve change order No. 2 to Agreement with Gracon project #90-13. Ayes all; Nayes none. Motion carried.

6.8 CONSIDER APPROVAL OF PARTICIPATION IN THE TXDOT ROUTINE AIRPORT MAINTENANCE PROGRAM

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer for approval of participation in the TxDOT Routine Airport Maintenance Program as presented by Mr. Ballard. Ayes all; Nayes none. Motion carried.

6.9 CONSIDER APPROVAL OF STREETS AND DRAINAGE PROGRAM

A motion was made by Councilmember Frances Anderson and seconded by Councilmember Jack Jones to approve Street Drainage Program. Ayes all; Nayes none. Motion carried.

6.10 CONSIDER ACCEPTANCE OF PAULINE ALLEN GILL FOUNDATION GRANT

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to accept the Pauline Allen Gill Foundation Grant of $363,995.00 for Ben Gill Park Improvements. Ayes all; Nayes none.

6.11 CONSIDER APPROVAL OF PURCHASE OF BUDGETED VEHICLES

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Robert Messer to approve the purchase of the budgeted vehicles. Ayes all; Nayes none. Motion carried.

6.12 CONSIDER APPROVAL OF TERRELL HOSPITAL BOARD APPOINTMENTS

A motion was made by Councilmember Frances Anderson and seconded by Councilmember Jack Jones to table this item on considering approval of Terrell Hospital Board appointments. Ayes all; Nayes none. Motion carried.

6.13 CONSIDER APPROVAL OF CONSTRUCTION BOARD OF ADJUSTMENTS BOARD APPOINTMENTS

A motion was made by Councilmember Frances Anderson and seconded by Councilmember Jack Jones to table this item on approval of Construction Board of Adjustments board appointments. Ayes all; Nayes none. Motion carried.

7.0 DISCUSSION ITEMS

8.0 EXECUTIVE SESSION
9.0 HEAR REMARKS FROM VISITORS

Remarks from Beatrice Butler inviting all to the Board meeting January 8, 1997, 9:00 a.m. Meeting to be held on Hospital Grounds.

10.0 ADJOURNMENT

There were no other matter discussed or acted on at this meeting.
There will be no further business, the meeting was adjourned.

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DON L. LINDSEY, MAYOR

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ATTEST: BOBBY BISHOP, CITY SECRETARY

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