City of Terrell - CITY COUNCIL MEETING MINUTES October 2, 2001

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Minutes

REGULAR CITY COUNCIL MEETING

OCTOBER 2, 2001

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, October 2, 2001 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 RICK CARMONA

1. Call to Order.

Mayor Henry C. Madgwick called the meeting to order.

2. Invocation.

Ralph Williams gave the opening prayer.

3. Consider Approval of Special City Council Meeting and Workshop Minutes and City Council Regular Meeting Minutes of September 18, 2001.

Councilmember Lee Schaeffer made a motion to approve the Special City Council Meeting and Workshop Minutes and City Council Regular Meeting Minutes of September 18, 2001. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

New Business

4. Discuss and Consider Development Agreement Between the City of Terrell & Terrell Travel Plaza, Inc.

City Manager Gordon Pierce presented to Council for discussion and consideration Development Agreement Between the City of Terrell & Terrell Travel Plaza, Inc. Mayor Pro tem Frances Anderson made a motion to approve the Development Agreement Between the City of Terrell & Terrell Travel Plaza, Inc. contingent upon receipt of letter from the State. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

5. Discuss Use of Airport Property for Chamber Civic Auction Contingency/Backup Location.

City Manager Gordon Pierce and David Landau presented to Council for discussion and consideration Use of Airport Property for Chamber Civic Auction Contingency/Backup Location. Mayor Pro tem Frances Anderson expressed concern over parking on grassy areas at the Airport. Councilmember Lee Schaeffer made a motion to approve Use of Airport Property for Chamber Civic Auction Contingency/Backup Location. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

6. Discuss and Consider Interlocal Agreement Between Kaufman County, Texas and the City of Terrell, Texas for Road Maintenance of County Road 319.

City Manager Gordon Pierce presented to Council for discussion and consideration Interlocal Agreement Between Kaufman County, Texas and the City of Terrell, Texas for Road Maintenance on local streets. Mayor Pro tem Frances Anderson made a motion to approve an Interlocal Agreement Between Kaufman County, Texas and the City of Terrell, Texas for Road Maintenance. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

7. Discuss and Consider Accepting the 2001 Appraisal Roll as the City of Terrell 2001 Tax Roll.

City Manager Gordon Pierce presented to Council for discussion and consideration Accepting the 2001 Appraisal Roll as the City of Terrell 2001 Tax Roll. Mayor Pro tem Frances Anderson made a motion to accept the 2001 Appraisal Roll as the City of Terrell 2001 Tax Roll. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

8. Discuss and Consider Approval of Resolution No. 411 - Concerning the Construction of Additional T-Hangars at the Municipal Airport.

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 411 - Concerning the Construction of Additional T-Hangars at the Municipal Airport. Councilmember Lee Schaeffer made a motion to approve Resolution No. 411 - Concerning the Construction of Additional T-Hangars at the Municipal Airport. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 411

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, REGARDING THE CONSTRUCTION OF ADDITIONAL T-HANGARS AT THE MUNICIPAL AIRPORT AND COMMITING TO PARTICIPATE IN THE COST THEREOF.

WHEREAS, the City of Terrell owns and operates the Terrell Municipal Airport for the benefit of the community; and

WHEREAS, there is a demonstrated need for additional aircraft hangar facilities on the airfield, based upon a study performed as a part of the Airport Action Plan; and

WHEREAS, the State of Texas, through the Aviation Division of its Department of Transportation, has agreed to consider lending its support to the project by assisting in the design and construction of access paving improvements to serve the proposed hangars; and
v this body is convinced that the revenues generated by hangar rentals will be adequate to support the debt said city will incur in financing its portion of the project cost;

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

THAT Mayor Henry C. Madgwick is hereby authorized, on behalf of this Council, to request funding assistance from the State of Texas for construction of access paving to two buildings containing a total of twenty (20) T-hangar units, said improvements being more fully described in the above referenced study by KSA Engineers, Inc., and designated as Phases I and II thereby;

THAT this City Council hereby commits itself to constructing the said hangars, in addition to providing funds for its share of the said access paving improvements; and

THAT Mayor Henry C. Madgwick is hereby directed, at the appropriate time and with the appropriate authorization of this body, to execute on behalf of the said City all agreements with the State of Texas, represented by the Texas Department of Transportation, and such other parties as shall be necessary and appropriate, for the implementation of the said improvements at the Terrell Municipal Airport.

PASSED AND APPROVED this 2nd day of October, 2001.

9. Discuss and Consider Approval of Ordinance No. 2091 - Vacating the Alley in Block 12 of the Warren Addition.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2091 - Vacating the Alley in Block 12 of the Warren Addition. Mayor Pro tem Frances Anderson made a motion to approve Ordinance No. 2091 - Vacating the Alley in Block 12 of the Warren Addition on first reading. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2091

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

10. Discuss and Consider Approval of Ordinance No. 2092 - Establishing a (20-MPH) School Speed Zone on Meredith Drive Between F.M. 986 and Laurel Trail North.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2092 - Establishing a (20-MPH) School Speed Zone on Meredith Drive Between F.M. 986 and Laurel Trail North. Councilmember Rick Carmona made a motion to approve Ordinance No. 2092 - Establishing a (20-MPH) School Speed Zone on Meredith Drive Between F.M. 986 and Laurel Trail North. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2092

AN ORDINANCE OF THE CITY OF TERRELL, TEXA,S AMENDING CHAPTER 11, SECTION 41, SPEED REGULATIONS OF THE 1986 REVISED CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

11. Discuss and Consider Appointment to Appraisal District Board of Directors.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointment to Appraisal District Board of Directors. Councilmember Tommy Spencer made a motion to re-appoint Frances Anderson to the Appraisal District Board of Directors. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

12. Discuss and Consider Appointments to the Kaufman County Appraisal Review Board.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Kaufman County Appraisal Review Board. Councilmember Tommy Spencer made a motion to re-nominate Alisa McConnell. The second nomination is to be determined at the October 16, 2001 Council Meeting. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

13. Discuss and Consider Lease of Surplus Vehicle to Airport FBO.

City Manager Gordon Pierce presented to Council for discussion and consideration Lease of Surplus Vehicle to Airport FBO. Councilmember Rick Carmona made a motion to approve the Lease of Surplus Vehicle to Airport FBO. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

14. Hear Remarks from Visitors.

None were made.

CONSENT AGENDA

Mayor Pro tem Frances Anderson made a motion to adopt Ordinance No. 2082, 2083, 2089, 2090 and 2086 on consent agenda. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

15. Discuss and Consider Adoption on Second Reading Ordinance No. 2082 - Annexation of Property Located on FM 148 Between I-20 West and Spur 557.

CITY OF TERRELL, TEXAS

ORDINANCE NO. 2082

AN ORDINANCE TO THE CITY OF TERRELL, TEXAS, ANNEXING ADJACENT AND CONTIGUOUS TERRITORY, AS DESCRIBED IN EXHIBIT A AND AS DEPICTED IN EXHIBIT A.1, TO THE CITY OF TERRELL, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; FURTHER PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL BOUNDARIES OF THE CITY AS HERETOFORE ADOPTED; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR SAID ORDINANCE TO TAKE EFFECT AND BE IN FORCE FROM AND AFTER ITS PASSAGE.

WHEREAS, the City of Terrell, Texas (the "CITY"), pursuant to Chapter 43 of the Texas Local Government Code and Section 1.04 of Article I of the Home Rule Charter of the City of Terrell, Texas, has instituted annexation proceedings to annex additional territory lying adjacent to the CITY, which territory is described in Exhibit A and depicted in Exhibit A.1, both of which are attached hereto and incorporated herein for all purposes; and

WHEREAS, two separate public hearings were conducted in accordance with Chapter 43 of the Texas Local Government Code, the first being held at 5:30 o'clock p.m. on August 21, 2001, at the Terrell City Hall, 201 E. Nash Street, Terrell, Texas 75160, and the second public hearing being held at 5:45 o'clock p.m. on August 21, 2001, at the Terrell City Hall, 201 E. Nash Street, Terrell, Texas 75160, and

WHEREAS, the public hearings were conducted and held not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and

WHEREAS, notice of the public hearings was published in a newspaper of general circulation in the CITY and in the territory proposed to be annexed by publication at least once in said newspaper not more than twenty (20) days nor less than ten (10) days prior to each public hearing; and

WHEREAS, all required statutory notices pursuant to the Chapter 43 of the Texas Local Government Code and Section 1.04 of Article I of the Home Rule Charter of the City of Terrell, Texas, have been accomplished; and

WHEREAS, in accordance with Chapter 43 of the Texas Local Government Code, a service plan, attached hereto as Exhibit B and incorporated herein for all purposes, was prepared

by the City Manager, or his designee, which plan was made available for inspection and explained at the public hearings conducted as herein described; and

WHEREAS, annexation proceedings were instituted relative to the territory to be annexed on September 18, 2001, by the introduction of this annexation ordinance during a Regular Session of the City Council of the City of Terrell on said date; and

WHEREAS, Chapter 43 of the Texas Local Government Code requires the annexation of an area by a municipality to be completed within ninety (90) days after the date the governing body of the municipality institutes the annexation proceedings relative thereto, or those annexation proceedings are void; and

WHEREAS, the adoption of this annexation ordinance during a Regular Session of the City Council of the City of Terrell on October 2, 2001, will complete the annexation proceedings relative to the territory to be annexed within the ninety (90) day period stipulated by Chapter 43 of the Texas Local Government Code; and

WHEREAS, the territory to be annexed is contiguous and adjacent to the corporate limits of the City of Terrell and meets all applicable size and shape requirements of state law governing eligibility for annexation.

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

SECTION 1

All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety.

SECTION 2

The property described in Exhibit A and depicted in Exhibit A.1, both of which are attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Terrell, Kaufman County, Texas, and same is hereby made a part of the CITY.

SECTION 3

The service plan, attached hereto as Exhibit B and incorporated herein for all purposes was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this Ordinance, and is made a part hereof.

SECTION 4

The property described in Exhibit A shall bear its pro rata share of the taxes levied by the CITY, and the inhabitants of the area herein annexed shall be entitled to all of the rights, privileges, and responsibilities of other citizens of the CITY and area hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted.

SECTION 5

The official map and boundaries of the CITY heretofore adopted and amended be and are hereby amended so as to include the property described in Exhibit A and depicted in Exhibit A.1 as part of the CITY.

SECTION 6

The City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to effectuate this Ordinance, including any corrections to the official map of the City to add the territory hereby annexed as required by law.

SECTION 7

The City Manager is hereby directed and authorized to file a certified copy of this Ordinance with the necessary governmental agencies.

SECTION 8

If any section, subsection, sentence, phrase, or word be found to be illegal, invalid, unconstitutional or if any portion of said property is incapable of being annexed by the City of Terrell, Texas, for any reason whatsoever, the adjudication shall not affect another section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision to any other person or portion of said property, situation or circumstance, nor shall the adjudication affect any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City of Terrell, Texas. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part and to this end the provisions of this Ordinance are declared to be severable.

SECTION 9

This Ordinance shall take effect and be in full force from and after its passage, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the City of Terrell, Texas.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, THIS 18TH DAY OF SEPTEMBER, 2001.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, THIS 2ND DAY OF OCTOBER 2001.

EXHIBIT A TO ORDINANCE NO. 2082
CITY OF TERRELL

BEING a 192.29 acre tract of land, situated in the John C. Hale Survey, Abstract No. 202, Kaufman County, Texas, and being part of that land conveyed to Mary T. Roffino Family Investments I, LTD. by deed recorded in Volume 1420, Page 0148, Deed Records, Kaufman County, Texas, except a tract of land called the Beyer Addition according to the plat thereof recorded in Volume 2, Page 218, Map Records, Kaufman County, Texas. Said 192.29 acre tract also being part of a tract of land conveyed to Roffino Construction, Inc., called, "Tract Three", by deed recorded in Volume 736, Page 608, Deed Records, Kaufman County, Texas, and being more particularly described by metes and bounds as follows:

BEGINNING at a 1/2 inch iron rod found on the Southeast boundary line of said 184.77 acre tract and being located at the most Southern corner of said Beyer tract, and being in the Northwest right-of-way line of said F.M. Road No. 148;

THENCE North 47 degrees 10 minutes 23 seconds East, along the Northwest right-of-way line of said F.M. Road No. 148 and said Beyer tract, a distance of 145.15 feet to a point for corner;

THENCE South 61 degrees 09 minutes 55 seconds East, 115.86' to a point in the Southeast right-of-way line of said F.M. Road No. 148;

THENCE South 46 degrees 59 minutes 12 seconds West, along the Southeast right-of-way line of said F.M. Road No. 148, a distance of 526.86 feet to a point for corner;

THENCE South 45 degrees 45 minutes 27 seconds West, along the Southeast right-of-way line of said F.M. Road No. 148, a distance of 798.51 feet to a point for corner;

THENCE South 45 degrees 56 minutes 34 seconds West, along the Southeast right-of-way line of said F.M. Road No. 148, a distance of 1360.38 feet to a point for corner;

THENCE North 41 degrees 22 minutes 05 seconds West, along the Northeast right-of-way line of said Talty Lawrence Road, at 297.02 feet, pass a concrete monument found in the Northwest right of way of said F.M. Road No. 148, and continuing for a total distance of 527.34 feet to a concrete monument found in the South right-of-way line of said (New) Interstate Highway No. 20;

THENCE North 35 degrees 12 minutes 00 seconds West, 478.09 feet to a point for corner. Said point being located North 75 degrees 51 minutes 04 seconds East, 40.56 feet from a concrete monument;

THENCE North 43 degrees 03 minutes 11 seconds West, 100.00 feet from and parallel to the Northeast right-of-way line of the Talty Lawrence Road, a distance of 3448.43 feet to a point on the Northwest boundary line of said tract;

THENCE North 46 degrees 55 minutes 21 seconds East, along the Southeast line of said J. R. Leath Survey, Abstract No. 305, a distance of 1162.21 feet to a point and being the corporate City Limit of Terrell,Texas;

THENCE along said City Limit Line, South 61 degrees 09 minutes 55 seconds East, a distance of 4292.77 feet to a point for corner on the Northwest line of said Beyer Addition;

THENCE South 46 degrees 55 minutes 49 seconds West, along the Northwest property line of said Beyer tract, a distance of 73.22 feet to a 1/2 inch iron rod found for corner;

THENCE South 43 degrees 02 minutes 07 seconds East, along the Southwest property line of said Beyer tract, a distance of 218.82 feet to the POINT OF BEGINNING and containing 192.29 acres of land.

16. Discuss and Consider Adoption on Second Reading Ordinance No. 2083 - Annexation of Property Located on I-20 East, Airport Road and Wilson Road.

CITY OF TERRELL, TEXAS

ORDINANCE NO. 2083

WHEREAS, the public hearings were conducted and held not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and

WHEREAS, in accordance with Chapter 43 of the Texas Local Government Code, a service plan, attached hereto as Exhibit B and incorporated herein for all purposes, was prepared
by the City Manager, or his designee, which plan was made available for inspection and explained at the public hearings conducted as herein described; and

WHEREAS, the adoption of this annexation ordinance during a Regular Session of the City Council of the City of Terrell on October 2, 2001, gust 30, 1999, will complete the annexation proceedings relative to the territory to be annexed within the ninety (90) day period stipulated by Chapter 43 of the Texas Local Government Code; and

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

SECTION 1

All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety.

SECTION 2

SECTION 3

SECTION 4

SECTION 5

SECTION 6

SECTION 7

The City Manager is hereby directed and authorized to file a certified copy of this Ordinance with the necessary governmental agencies.

SECTION 8

SECTION 9

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, THIS 18TH DAY OF SEPTEMBER, 2001.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, THIS 2ND DAY OF OCTOBER 2001.

EXHIBIT A TO ORDINANCE NO. 2083

CITY OF TERRELL

BEING all that certain tracts or parcel of land in the Ransom Sowell Survey, A-443, Kaufman County, Texas, and being a part of that called 388.5 acre tract as conveyed from Mattie McCord to James Carter McCord, as recorded in Volume 422, Page 50, and being all that called 79 acre tract as conveyed from Emmett J. Dalton to James Carter McCord, as recorded in Volume 479, Page 117, of the Deed Records of Kaufman County, Texas, and being more particularly described as follows:

BEGINNING at the north corner of said 388.5 acre tract, said point being in the centerline of Airport Road, a ½" iron rod set for witness near a fence corner bears South 47o28'10"W, 23.64 feet;

THENCE S43o49'24"E, along the centerline of Airport Road, a distance of 1367.80 feet to a ½" iron rod set for corner;

THENCE S46 o52'37"E, continuing along the centerline of Airport Road, a distance of 244.39 feet to a ½" iron rod set for corner;

THENCE S43o58'58"E, continuing along the centerline of Airport Road, a distance of 2471.22 feet to the north corner of said 79 acre tract, a ½" iron rod set for witness near a fence corner bears S47 o26'15"W, 28.53 feet;

THENCE 42 o45'26"E, continuing along the centerline of Airport Road, a distance of 2391.03 feet to a point for corner in the westerly R.O.W. of Interstate Highway 20 Service Road, a ½" iron rod set for witness bears S73 o59'00"W, 26.04 feet;

THENCE S73 o59'00"W, along said Service Road, a distance of 184.13 feet to a concrete monument found for corner;

THENCE S32 o29'00"W, continuing along said Service Road, a distance of 392.95 feet to a ½" iron rod set for corner;

THENCE S66 o23'00"W, continuing along said Service Road, a distance of 333.03 feet to a ½" iron rod set for corner;

THENCE N85 o24'00"W, along the northerly R.O.W. of Interstate Highway 20, a distance of 308.06 feet to a ½" iron rod set for corner;

THENCE N72 o14'42"W, continuing along the northerly R.O.W. of Interstate Highway 20, a distance of 1599.99 feet to a concrete monument found for corner;

THENCE N71 o11'18"W, continuing along the northerly R.O.W. of Interstate Highway 20, a distance 501.02 feet to a concrete monument found for corner;

THENCE N72 o16'00"W, continuing along the northerly R.O.W. of Interstate Highway 20, a distance of 4100.84 feet to a ½" iron rod set for corner on the east bank of Kings Creek;

THENCE along the east bank of Kings Creek the following courses:

1.) N12o12'46"E, a distance of 39.07 feet to bend;
2.) N32 o50'53"E, a distance of 64.54 feet to bend;
3.) N35 o10'15"E, a distance of 97.77 feet to bend;
4.) S35 o14'07"E, a distance of 53.13 feet to bend;
5.) S19 o58'19"E, a distance of 49.88 feet to bend;
6.) S62 o52'20"E, a distance of 32.20 feet to bend;
7.) S87 o31'15"E, a distance of 83.08 feet to bend;
8.) N53 o03'01"E, a distance of 39.75 feet to bend;
9.) N36 o14'12"E, a distance of 83.57 feet to bend;
10.) N3 o58'37"E, a distance of 158.84 feet to bend;
11.) N48 o30'08"W, a distance of 147.86 feet to bend;
12.) N87 o31'18"E, a distance of 193.86 feet to bend;
13.) N59 o11'40"E, a distance of 116.18 feet to bend;
14.) N19 o11'39"E, a distance of 120.14 fee to bend;
15.) N74 o05'35"W, a distance of 84.71 feet to bend;
16.) S65 o56'23"W, a distance of 100.66 feet to bend;
17.) N2 o43'23"W, a distance of 122.95 feet to bend;
18.) N56 o53'48"E, a distance of 73.07 feet to bend;
19.) N9 o16'35"E, a distance of 92.22 feet to bend;
20.) N55 o41'14"W, a distance of 169.83 feet to bend;
21.) N15 o56'42"W, a distance of 63.43 feet to bend;
22.) N4 o41'33"E, a distance of 62.34 feet to bend;
23.) N70 o50'49"E, a distance of 93.56 feet to bend;
24.) N29 o45'35"E, a distance of 84.86 feet to bend;
25.) N3 o55'17"W, a distance of 63.98 feet to bend;
26.) N5 o44'32"E, a distance of 164.08 feet to bend;
27.) N15 o01'51"E, a distance of 130.80 feet to bend;
28.) N77 o34'25"E, a distance of 75.93 feet to bend;
29.) N51 o03'07"E, a distance of 79.44 feet to bend;
30.) N88 o18'50"E, a distance of 134.17 feet to bend;
31.) N55 o45'06"E, a distance of 63.28 feet to bend;
32.) N4 o25'04"E, a distance of 88.43 feet to bend;
33.) N39 o52'22"E, a distance of 137.06 feet to bend;
34.) N15 o26'37"E, a distance of 102.25 feet to a ½" iron rod set for corner on the east bank of said Kings Creek;

THENCE N47 o28'10"E, along an old fence line, a distance of 2036.94 feet to the POINT OF BEGINNING and containing 376.634 acres of land.

SAVE, LESS AND EXCEPT approximately 3.4 acres situated within the right of way of Airport Road, also known as County Road No. 306, resulting in a net addition to the corporate area of 373.2 acres of land, more or less.

17. Discuss and Consider Adoption on Second Reading Ordinance No. 2089 - Establish the Zone Classification of Light Industrial (LI) for Two Tracts of Land Described as:

Tract I, a 169.879 acre tract, a part of a 173.821 acre tract of land in the John C. Hale Survey, Abstract #202, Kaufman County, Texas and part of land conveyed to Mary T. Roffino Family Investments I, Ltd. by deed recorded in Vol. 1420, Page 0148, Deed of Records, Kaufman County, Texas.

Tract II, a 1.971 acre tract in the John C. Hale Survey, Abstract 202, Kaufman County, Texas and part of land conveyed to Roffino Construction Inc. called "Tract Three", recorded in Vol. 736, Page 608, Deed of Records, Kaufman, County, Texas.

ORDINANCE NO. 2089

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, ESTABLISH THE ZONE CLASSIFICATION OF LIGHT INDUSTRIAL (LI) FOR TWO TRACTS OF LAND DESCRIBED AS TRACT I, A 169.879 ACRE TRACT, A PART OF A 173.821 ACRE TRACT OF LAND IN THE JOHN C. HALE SURVEY, ABSTRACT # 202, KAUFMAN COUNTY, TEXAS AND PART OF LAND CONVEYED TO MARY T. ROFFINO FAMILY INVESTMENTS I, LTD. BY DEED RECORDED IN VOL. 1420, PAGE 0148, DEED OF RECORDS KAUFMAN COUNTY AND TRACT II, A 1.971 ACRE TRACT IN THE JOHN C HALE SURVEY, ABSTRACT 202, KAUFMAN COUNTY, TEXAS AND PART OF LAND CONVEYED TO ROFFINO CONSTRUCTION INC. CALLED "TRACT THREE", RECORDED IN VOL. 736, PAGE 608, DEED RECORDS, KAUFMAN COUNTY, TEXAS; 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 Planning and Zoning Commission of the City of Terrell, Texas held a public hearing on August 27, 2001 and recommends approval to establish the zone classification of Light Industrial (LI) for two tracts of land described as: Tract I, a 169.879 acre tract, a part of a 173.821 acre tract of land in the John C. Hale Survey, Abstract # 202, Kaufman County, Texas and part of land conveyed to Mary T. Roffino Family Investments I, Ltd. by deed recorded in Vol. 1420, Page 0148, Deed of Records Kaufman County: and Tract II, a 1.971 acre tract in the John C. Hale Survey, Abstract 202, Kaufman County, Texas and part of land conveyed to Roffino Construction Inc. called "Tract Three", recorded in Vol. 736, Page 608, Deed Records, Kaufman County, Texas, and

WHEREAS, the City Council of the City of Terrell, Texas held a public hearing on September 18, 2001, on request to establish the zone classification of Light Industrial (LI) for two tracts of land described as: Tract I, a 169.879 acre tract, a part of a 173.821 acre tract of land in the John C. Hale Survey, Abstract # 202, Kaufman County, Texas and part of land conveyed to Mary T. Roffino Family Investments I, Ltd. by deed recorded in Vol. 1420, Page 0148, Deed of Records Kaufman County: and Tract II, a 1.971 acre tract in the John C. Hale Survey, Abstract 202, Kaufman County, Texas and part of land conveyed to Roffino Construction Inc. called "Tract Three", recorded in Vol. 736, Page 608, Deed Records, Kaufman County, Texas and

WHEREAS, the City Council has determined that all notice requirements have been given in compliance with the laws 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 establish the zone classification of Light Industrial (LI) for two tracts of land described as: Tract I, a 169.879 acre tract, a part of a 173.821 acre tract of land in the John C. Hale Survey, Abstract # 202, Kaufman County, Texas and part of land conveyed to Mary T. Roffino Family Investments I, Ltd. by deed recorded in Vol. 1420, Page 0148, Deed of Records Kaufman County: and Tract II, a 1.971 acre tract in the John C. Hale Survey, Abstract 202, Kaufman County, Texas and part of land conveyed to Roffino Construction Inc. called "Tract Three", recorded in Vol. 736, Page 608, Deed Records, Kaufman County, Texas. One-Family (1F) to Two- Family (2F) on property described as Lots 5, Block 5, Terrell Western Addition, Terrell, Texas, and

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

THAT the zoning classification be and is hereby established on property legally described as Tract I, a 169.879 acre tract, a part of a 173.821 acre tract of land in the John C. Hale Survey, Abstract # 202, Kaufman County, Texas and part of land conveyed to Mary T. Roffino Family Investments I, Ltd. by deed recorded in Vol. 1420, Page 0148, Deed of Records Kaufman County: and Tract II, a 1.971 acre tract in the John C. Hale Survey, Abstract 202, Kaufman County, Texas and part of land conveyed to Roffino Construction Inc. called "Tract Three", recorded in Vol. 736, Page 608, Deed Records, Kaufman County, Texas.

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 18th DAY OF SEPTEMBER, 2001.
PASSED AND ADOPTED THIS 2ND DAY OF OCTOBER, 2001

18. Discuss and Consider Adoption on Second Reading Ordinance No. 2090 - Specific Use Permit to Operate an Adult Foster Care Facility in a General Residence District (GR) Located at 406 S. Frances and Described as Lot 4A, Block 24, Terrell Original, City of Terrell.

ORDINANCE NO. 2090

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT TO OPERATE AN ADULT FOSTER CARE FACILITY ON PROPERTY DESCRIBED AS LOT 4A, BLOCK 24, TERRELL ORIGINAL 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, following public hearing and recommendation of approval by the Planning and Zoning Commission, held a public hearing at 5:15 p.m. on Tuesday, September 18, 2001, in the Council Chamber of the City Hall in Terrell, Texas to consider a request for a Specific Use Permit to operate an Adult Foster Care Facility on property described as Lot 4A, Block 24, Terrell Original, City of Terrell, Kaufman County, Texas; and

WHEREAS, the City Council has determined the real property is located in a General Residence (GR) zoning district; 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, THERFORE, BE IT ORDAINED by the City Council of the City of Terrell, Texas that:

A Specific Use Permit is granted to operate an Adult Foster Care Facility on property described as Lot 4A, Block 24, Terrell Original, City of Terrell, Kaufman County, Texas.

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:

1. Facility must comply with terms and conditions required by the Texas Department of Human Services.
2. Facility must comply with the requirements of Terrell Zoning Ordinance and all other applicable ordinances.

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 18th DAY OF SEPTEMBER , 2001.
PASSED AND ADOPTED ON THIS 2ND DAY OF OCTOBER, 2001.

19. Discuss and Consider Adoption on Second Reading Ordinance No. 2086 - Amending Chapter 9, Section 9-9: Civil Service Classification Plan; (a) Classification of Fire Fighters and (b) Classification of Police Officers; (1) Positions Appointed by the Chief of Police; (2) Police Officer Classification; of the Revised Code of Ordinances of the City of Terrell.

ORDINANCE NO. 2086

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 9, SECTION 9-9. CIVIL SERVICE CLASSIFICATION PLAN; (a) CLASSIFICATION OF FIRE FIGHTERS AND (b) CLASSIFICATION OF POLICE OFFICERS, (1) POSITIONS APPOINTED BY THE CHIEF OF POLICE; (2) POLICE OFFICER CLASSIFICATION; OF THE 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:

ARTICLE I.

THAT, Chapter 9, Section 9-9. (a) Classification of Fire Fighters and (b) Classification of Police Officers, (1) Positions appointed by Chief of Police (2) Police Officer Classifications in the Police Department of the Revised Code of Ordinances of the City of Terrell, Texas, be and is hereby amended to read as follows:

SECTION 9-9(a). CLASSIFICATION OF FIRE FIGHTERS

Fire Fighters of the City of Terrell Fire Department are classified as follows, and the numbers of positions of each classification thereof are as follows, with the salary per position as stated adjacent to each classification:

BASE NUMBER OF MONTHLY
CLASSIFICATION POSITIONS SALARY

Fire Marshal 1 $2,828.00

Lieutenant 3 $2,693.00

Driver-Engineer 6 $2,427.00

Fire Fighter 6 $2,379.00

SECTION 9-9 (b)(1) Positions appointed by chief of police

BASE NUMBER OF MONTHLY
CLASSIFICATION POSITIONS SALARY

Assistant Chief of Police 1 $3,669.00

SECTION 9-9(b)(2) Police Officer Classifications

Police Officers of the City of Terrell Police Department are classified as follows, and the numbers of positions of each classification thereof are as follows, with the salary per position as stated adjacent to each classification.

BASE
NUMBER OF MONTHLY
CLASSIFICATION POSITIONS SALARY
Lieutenant 2 $2,828.00

Sergeant 6 $2,693.00

Corporal 5 $2,571.00

Patrol Officer 21 $2,450.00

Each police officer as classified herein has civil service protection. A classified position may be filled only from an eligibility list that results from an examination held in accordance with Chapter 143 of the Texas Local Government Code.

ARTICLE II.

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

ARTICLE III.

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 18TH DAY OF SEPTEMBER, 2001.
PASSED AND ADOPTED THIS 2ND DAY OF OCTOBER, 2001.

20. Receive City Manager's Reports & Correspondence: Nominations for NLC Board and NLC Committees.

City Manager Gordon Pierce presented Reports & Correspondence to the Council.

Mayor Pro tem Frances Anderson made a motion to nominate Lee Schaeffer and Rick Carmona for NLC Committees of their choosing. The motion was seconded by Councilmember Tommy Spencer. 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.

____________________________________
HENRY C. MADGWICK, SR., 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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