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Minutes 

REGULAR CITY COUNCIL MEETING

OCTOBER 17, 2000

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, October 17, 2000 in the City Council Chambers at 5:30 P.M. with the following members present:

COUNCILMEMBER #1 HENRY C. MADGWICK
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 ABSENT

1. CALL TO ORDER

Mayor Henry Madgwick called the meeting to order.

2. INVOCATION

Councilmember Tommy Spencer gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF OCTOBER 3, 2000

Mayor Pro tem Lee Schaeffer made a motion to approve the City Council Regular Meeting Minutes of October 3, 2000. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

PUBLIC HEARING

4.
a) CONDUCT A PUBLIC HEARING TO CONSIDER RECOMMENDATION FOR A REQUEST FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 54-55, BLOCK 2, PHAGAN ADDITION FROM CURRENT ZONING OF GENERAL RESIDENCE (GR) TO AGRICULTURE (A)

Mayor Henry Madgwick opened a Public Hearing to Consider Recommendation for a Request for Zone Change on Property Described as Lots 54-55, Block 2, Phagan Addition from Current Zoning of General Residence (GR) to Agriculture (A). Reginal Pegram spoke for the zone change. No one spoke against the zone change. Mayor Henry Madgwick closed the public hearing.

b) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2039 - ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 54-55, BLOCK 2, PHAGAN ADDITION FROM CURRENT ZONING OF GENERAL RESIDENCE (GR) TO AGRICULTURE (A)

Councilmember Frances Anderson made a motion to approve on first reading Ordinance No. 2039 - Zone Change on Property Described as Lots 54-55, Block 2, Phagan Addition from Current Zoning of General Residence (GR) to Agriculture (A). The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

5.
c) CONDUCT A PUBLIC HEARING TO CONSIDER RECOMMENDATION TO CITY COUNCIL FOR A REQUEST FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOT 1, BLOCK 568, TERRELL REVISED FROM CURRENT ZONING OF MULTI-FAMILY (MF) TO RESIDENTIAL PLANNED DEVELOPMENT (PD)

Mayor Henry Madgwick opened a Public Hearing to Consider Recommendation for a Request for Zone Change on Property Described as Lot 1, Block 568, Terrell Revised from Current Zoning of Multi-Family (MF) to Residential Planned Development (PD). Jeree Gibbs spoke for the zone change. No one spoke against the zone change. Mayor Henry Madgwick closed the public hearing.

d) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2040 - ZONE CHANGE ON PROPERTY DESCRIBED AS LOT 1, BLOCK 568, TERRELL REVISED FROM CURRENT ZONING OF MULTI-FAMILY (MF) TO RESIDENTIAL PLANNED DEVELOPMENT (PD)

Councilmember Frances Anderson made a motion to approve Ordinance No. 2040 - Zone Change on Property Described as Lot 1, Block 568, Terrell Revised from Current Zoning of Multi-Family (MF) to Residential Planned Development (PD). The motion was seconded by Councilmember Lee Schaeffer. Councilmember Tommy Spencer abstained from voting. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2040

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM MULTI-FAMILY (MF) TO PLANNED DEVELOPMENT FOR PROPERTY LEGALLY DESCRIBED AS LOT 1, BLOCK 568, TERRELL REVISED, TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

NEW BUSINESS

6. DISCUSS AND CONSIDER PLANNING AND ZONING COMMISSION RECOMMENDATION TO APPROVE PRELIMINARY PLAT FOR THE RE-PLAT OF PROPERTY DESCRIBED AS LOTS 1 & 2, BLOCK 568, TERRELL REVISED AND BLOCK 720, TERRELL ORIGINAL

City Manager Gordon Pierce presented to Council for discussion and consideration Planning and Zoning Commission Recommendation to Approve Preliminary Plat for the Re-Plat of Property Described as Lots 1 & 2, Block 568, Terrell Revised and Block 720, Terrell Original. Mayor Pro tem Lee Schaeffer made a motion to approve Preliminary Plat for the Re-Plat of Property Described as Lots 1 & 2, Block 568, Terrell Revised and Block 720, Terrell Original. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried. Councilmember Tommy Spencer abstained.

7. DISCUSS AND CONSIDER AUTHORIZING ON-SITE CONSTRUCTION AT FORREST CREEK SUBDIVISION

City Manager Gordon Pierce presented to Council for discussion and consideration Authorizing On-Site Construction at Forrest Creek Subdivision. Councilmember Tommy Spencer made a motion to approve authorizing on-site construction at Forrest Creek Subdivision contingent upon City Attorney review and approval of sales contract and development a hold-harmless agreement with developer. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.

8. DISCUSS AND CONSIDER AWARD OF CONTRACT FOR ARCHITECTURAL SERVICES

City Manager Gordon Pierce and Ron Hobbs presented to Council for discussion and consideration Award of Contract for Architectural Services. Mayor Pro tem Lee Schaeffer made a motion to award contract for Architectural Services to Ron Hobbs. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

9. DISCUSS AND CONSIDER BID AWARD FOR WATER METERS AND ACCESSORIES, BID NO. 01-52-02

City Manager Gordon Pierce presented to Council for discussion and consideration Bid Award for Water Meters and Accessories, Bid No. 01-52-02. Councilmember Frances Anderson made a motion to award bids for Water Meters and Accessories, Bid No. 01-52-02 to low bidders. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

10. DISCUSS AND CONSIDER BID AWARD FOR CHEMICAL PRODUCTS, BID 01-51-07

City Manager Gordon Pierce presented to Council for discussion and consideration Bid Award for Chemical Products, Bid 01-51-07. Mayor Pro tem Lee Schaeffer made a motion to award bid for Chemical Products, Bid 01-51-07 to low bidders. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

11. DISCUSS AND CONSIDER AUTHORIZING STAFF TO SOLICIT PROPOSAL FOR COMPENSATION AND BENEFITS STUDY

City Manager Gordon Pierce presented to Council for discussion and consideration Authorizing Staff to Solicit Proposal for Compensation and Benefits Study. Mayor Pro tem Lee Schaeffer made a motion to authorize staff to solicit proposal for Compensation and Benefits Study. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

12. HEAR REMARKS FROM VISITORS

None were made.

OLD BUSINESS
CONSENT AGENDA

13. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 2034 ON SECOND READING - VACATING CERTAIN RIGHTS OF WAY WITHIN THE IRVINE ADDITION

ORDINANCE NO. 2034

AN ORDINANCE VACATING AND ABANDONING CERTAIN RIGHTS-OF-WAY WITHIN THE IRVINE ADDITION, CITY OF TERRELL, KAUFMAN COUNTY, TEXAS.

WHEREAS it appears that there is no present or foreseeable public need for certain rights-of-way within the Irvine Addition, as delineated on the Revised Map of Terrell and as further described below; and

WHEREAS, this body is interested in facilitating the transfer of property interests and clarifying questions of title and ownership to tracts adjacent thereto;

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

ARTICLE I.

THAT any interest this City might claim, now or in the future, in the following described rights-of-way is hereby vacated and abandoned:

All of those rights-of-way situated between Blocks 193 and 194, 194 and 195, 195 and 196, 196 and 197, and between 198 and 199, of the Irvine Addition, extending from South Medora Street to South Frances Street; and

All of those rights-of-way situated between Blocks 192 and 191, 191 and 190, 190 and 189, and 189 and 188, of the Irvine Addition, extending from South Frances Street to South Catherine Street; and

All of those rights-of-way situated between Blocks 182 and 181, and between 181 and 180, of the Irvine Addition, extending from South Catherine Street to South Adelaide Street;

All as shown on the 1912 Revised Map of Terrell as recorded in Volume 138, Page 640, of the Deed Records of Kaufman County, Texas;

ARTICLE II

THAT said rights-of-way are hereby vacated and abandoned, and every claim, right or rights, either the City of Terrell or the public generally has in and to said rights-of-way is hereby released and relinquished forever; and whatever control, right of control, jurisdiction or dominion the City of Terrell has or may have had, either for itself or on behalf of the public generally, over the same as public rights-of-way is hereby abandoned so that the City of Terrell neither for itself, nor on behalf of the public generally, shall hereafter have or assert any claim or right whatsoever to the same or any part thereof.

ARTICLE III

THAT this ordinance shall be filed in the deed records of Kaufman County; and
Ordinance No. 2034
Page 2

ARTICLE IV

THAT the Mayor is hereby authorized to execute quitclaim deeds on behalf of the City of Terrell to interests in any of the above-described rights-of-way upon the request of adjoining property owners.

PASSED AND APPROVED THIS 3RD DAY OF OCTOBER, 2000.
PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 2000.

14. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 2037 ON SECOND READING - ESTABLISHING A SPEED LIMIT ON F.M. HIGHWAY 2578

ORDINANCE NO. 2037

SPEED ZONE ON F.M. 2578

AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UPON F.M. HIGHWAY NO. 2578, WITHIN THE CORPORATE LIMITS OF THE CITY OF TERRELL, AS SET OUT IN THIS ORDINANCE; AND PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR VIOLATION OF THIS ORDINANCE.

WHEREAS, Section 169(b) of Article 6701 d, Vernon's Texas Civil Statutes, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when the appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway;

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

SECTION 1.

Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 169(b) of Article 6701 d, Vernon's Texas Civil Statutes, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows:

That from and after the date of the passage of this speed zone ordinance, no motor vehicle shall be operated along and upon F.M. Highway No 2578, within the corporate limits of the City of Terrell, in excess of 45 MILES PER HOUR within the following limits:

Beginning at STATE HIGHWAY 34, thence along F.M. 2578 in a Westerly and Southwesterly direction for a distance of 0.860 mile, approximately.

SECTION 2.

The Mayor of Terrell is hereby authorized to cause to be erected appropriate signs indicating such speed zone.

SECTION 3.

Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Dollars ($200.00).

PASSED AND APPROVED THIS 3RD DAY OF OCTOBER, 2000.
PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 2000.

15. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 2038 ON SECOND READING - BUDGET AMENDMENT - KAUFMAN COUNTY SOLID WASTE COOPERATIVE

Mayor Pro tem Lee Schaeffer made a motion to adopt Ordinance No. 2034, 2037, and 2038 on consent agenda. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2038

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, AS PASSED AND ADOPTED ON SEPTEMBER 5, 2000, 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 General Fund is amended to reflect the following increase and decrease in the budget:

GENERAL FUND
EXPENDITURE
BUDGETED AMOUNT AMENDED
010-11-4498 Contingency Fund $125,000.00 ($14,342.00) $110,658.00

10-25-4495 Kaufman County Solid Waste
Management Cooperative Inc. $-0- $14,342.00 $14,342.00

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 3RD DAY OF OCTOBER, 2000.
PASSED AND ADOPTED ON THIS 17TH DAY OF OCTOBER, 2000.

16. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:
e) NLC Congress of Cities Convention - December 5-9, 2000

17. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551 OF THE TEXAS GOVERNMENT CODE TO DISCUSS THE FOLLOWING: SECTION 551.072 - SALE OF PROPERTY

18. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEM DISCUSSED IN EXECUTIVE SESSION

Mayor Pro tem Lee Schaeffer made a motion not to sell property described as Lot 3, Block C, Airport Addition. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

19. ADJOURN

There were no other items discussed or acted on at this meeting. There being no further business the meeting was adjourned.

____________________________________
HENRY MADGWICK, 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
 

Copyright  2001
City of Terrell
All rights reserved

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