Minutes 

CITY COUNCIL MEETING

OCTOBER 21, 1997

7:00 P.M.

1.0 ANNOUNCEMENTS & PUBLIC HEARINGS

A regular meeting of the City Council was held October 21, 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 ABSENT

1.1 INVOCATION

Mayor Don L. Lindsey called the meeting to order and Mayor ProTem Frances Anderson gave the opening prayer.

2.0 MINUTES

2.1 CONSIDER APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING HELD OCTOBER 7, 1997

A motion was made by Mayor ProTem Frances Anderson and seconded by Councilmember Tommy Spencer to approve the City Council Minutes of the Regular Meeting held October 7, 1997. Ayes all; Nayes none. Motion carried.

3.0 BIDS

4.0 ROUTINE BUSINESS

4.1 CONSIDER APPROVAL OF ORDINANCE NO. 1891 - ZONE CHANGE FOR PROPERTY LEGALLY DESCRIBED AS LOT 2A, BLOCK 115, WESTERN ADDITION

ORDINANCE NO. 1891

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM MULTI-FAMILY (MF) TO RETAIL FOR PROPERTY LEGALLY DESCRIBED AS LOT 2A, BLOCK 115, WESTERN ADDITION (804 W. NASH), TERRELL, 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 City Council of the City of Terrell, Texas held a public hearing on September 16, 1997, on request to change the zoning on property legally described as Lot 2A, Block 115, Western Addition (804 W. Nash) from Multi-Family Zoning (MF) to Retail (R); and

WHEREAS, the City Council has determined that all notice requirement 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 Lot 2A, Block 115, Western Addition (804 W. Nash) from Multi-Family Zoning (MF) to Retail (R); and

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 Lot 2A, Block 115, Western Addition (804 W. Nash) from Multi-Family Zoning (MF) to Retail (R); and

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All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.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 OCTOBER 1997.

PASSED AND ADOPTED THIS 21ST DAY OF OCTOBER 1997.

____________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_____________________________________
JOHN ROUNSAVALL, CITY SECRETARY

APPROVED AS TO FORM:

_______________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

5.0 OLD BUSINESS

6.0 NEW BUSINESS

6.1 CONSIDER APPROVAL OF ORDINANCE NO. 1893 - SPECIFIC USE PERMIT REQUEST O PROPERTY LEGALLY DESCRIBED AS BLOCK 22, ORIGINAL TOWN

City Engineer, Stan Ballard presented Ordinance No. 1893 to the City Council. Discussion: Mayor ProTem Frances Anderson wants to workshop for noise consideration. A motion was made by Mayor ProTem to table this item. Ayes all; Nayes none. Motion carried.

6.2 CONSIDER APPROVAL OF P&Z RECOMMENDATION TO APPROVE THE PLAT FOR RECORD OF LEE SUBDIVISION

City Engineer Stan Ballard presented the P&Z Recommendation to City Council. A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Frances Anderson to approve P&Z recommendation to approve the plat for record of Lee Subdivision. Ayes all; Nayes none. Motion carried.

6.3 CONSIDER APPROVAL OF P&Z RECOMMENDATION TO APPROVE THE FINAL PLAT OF THE TIMBERS ADDITION

City Engineer Stan Ballard presented the P&Z Recommendation to City Council. A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve the Final Plat of the Timbers Addition. Ayes all; Nayes none. Motion carried.

6.4 CONSIDER APPROVAL OF P&Z RECOMMENDATION TO APPROVE THE FINAL PLAT OF METROCREST ADDITION, BLOCK B, LOT 2

City Engineer Stan Ballard presented the P&Z Recommendation to City Council. A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Frances Anderson to approve the final plat of Metrocrest Addition, Block B, Lot 2. Ayes all; Nayes none. Motion carried.

6.5 CONSIDER APPROVAL OF THE MASTER PLAN OF THE ENTRYWAY TO BEN GILL PARK

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Frances Anderson to approve the Master Plan of the Entryway to Ben Gill Park. Ayes all; Nayes none. Motion carried.

6.6 CONSIDER APPROVAL OF ORDINANCE NO. 1895 - AMENDING ORDINANCE NO. 1884 - FEES FOR GAME HALLS, DANCE HALLS, ETC.

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve on first reading Ordinance No. 1895 - Amending Ordinance No. 1884 - Fees for Game Halls, Dance Halls, Etc., with the following correction: $400 new, and $200 renewal. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1895

AN ORDINANCE AMENDING ORDINANCE NO. 1884 CONCERNING APPENDIX 1, FEE SCHEDULE, SECTION 20, PERMIT FEES, OF THE CITY OF TERRELL CODE OF ORDINANCES, AND PROVIDING FOR A SEVERABILITY CLAUSE AND EFFECTIVE DATE.

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

That Ordinance No. 1884 concerning Appendix 1, Fee Schedule, as set forth in the City of Terrell Code of Ordinances, is hereby amended by the revisions of Section 20, Dance and Game Halls Permit Fees as follows:

ARTICLE I

SECTION 20: DANCE AND GAME HALLS PERMIT FEES

(1) Initial Permit Fee

Any person who wishes to operate a pool hall, public dance hall, private club, or other place of amusement shall pay a permit fee of two hundred dollars ($200.00). Such permit shall expire (12) months from the date of issuance.

(2) Permit Renewal Fee

On or before the expiration of the permit each year, such operator of a pool hall, public dance hall, private club, or other place of amusement holding a permit shall renew such permit in the same manner as the original permit and by paying an annual permit renewal fee of two hundred dollars ($200.00).

PASSED AND APPROVED THIS 21st day of October 1997.

PASSED AND ADOPTED THIS 4th day of November 1997.

____________________________________________
DON L. LINDSEY, MAYOR

____________________________________________
JOHN ROUNSAVALL, CITY SECRETARY

APPROVED AS TO FORM:

____________________________________________
Mary Gayle Ramsey, City Attorney

6.7 CONSIDER APPROVAL OF ORDINANCE NO. 1896 - APPENDIX 1, FEE SCHEDULE, SECTION 37, SEXUALLY ORIENTED BUSINESS LICENSE FEE

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve on first reading Ordinance no. 1896 - Appendix 1, Fee Schedule, Section 37, Sexually Oriented Business License Fee. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1896

AN ORDINANCE AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 37, SEXUALLY ORIENTED BUSINESS LICENSE FEE OF THE CITY OF TERRELL CODE OF ORDINANCES, AND PROVIDING FOR A SEVERABILITY CLAUSE AND EFFECTIVE DATE.

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

That Appendix 1, Fee Schedule, as set forth in the City of Terrell Code of Ordinances, is hereby amended by the revisions of Section 37, Sexually Oriented Business License Fee as follows:

ARTICLE I

SECTION 37: SEXUALLY ORIENTED BUSINESS LICENSE FEE

Section 37 Sexually Oriented Business License Fee is hereby amended to read as follows:

The annual fee for a sexually oriented business license is $1,500.00.

PASSED AND APPROVED THIS 21st day of October 1997.

PASSED AND ADOPTED THIS 4th day of November 1997.

____________________________________________
DON L. LINDSEY, MAYOR

____________________________________________
JOHN ROUNSAVALL, CITY SECRETARY

APPROVED AS TO FORM:

____________________________________________
Mary Gayle Ramsey, City Attorney

6.8 CONSIDER APPROVAL OF ORDINANCE NO. 1897 - AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997 AS PASSED AND ADOPTED ON SEPTEMBER 17, 1996.

Item Canceled.

6.9 CONSIDER ADOPTION OF RESOLUTION NO. 311 - RECOGNIZING EIGHTY (80) YEARS OF THE TEXAS DEPARTMENT OF TRANSPORTATION

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve on first reading Resolution No. 311 - Recognizing Eighty (80) Years of the Texas Department of Transportation. Ayes all; Nayes none. Motion carried.

RESOLUTION NO. 311

WHEREAS, On April 4, 1917, the 35th Legislature passed an act to create the first Texas Highway Department; and

WHEREAS, Today the Texas Department of Transportation continues the agency's 80-year history of service to the citizens of Texas by building and maintaining the state's vast transportation network that is considered the best system in the nation; and

WHEREAS, The Texas Highway Department and the Public Transportation Commission merged into the State Department of Highways and Public Transportation in 1975, and in 1991 the Department of Aviation and the Motor Vehicle Commission joined the agency to form the Texas Department of Transportation; and

WHEREAS, The state's primary transportation agency has been responsible for construction and maintenance of a 41,000-mile system of farm-to-market roads that "got the farmer out of the mud" in the 1930s and 1040s; built the 3,2000 mile interstate system in the 1950s and 1960s and today oversees a total of 77,000 miles of highways; provides for development of public transportation system that served more than 200 million passengers in 1995; registered more than 14 million motor vehicles in 1996; and facilitates development of more than 300 aircraft landing facilities serving the state's growing general aviation industry; and

WHEREAS, The Texas Department of Transportation is the state sponsor of the 423-mile Gulf Intracoastal Waterway which carries an average of more than 75 million tons of cargo annually and oversees more than 1.3 million acres of state right-of-way; and

WHEREAS, The Texas Department of Transportation employs more than 14,000 dedicated men and women whose presence in every community throughout the state ensures personal service, an enhanced quality of life, and integrated transportation system second to none; and

WHEREAS, The Texas Department of Transportation will celebrate this historic event with an Open House in each one of its 25 districts statewide on October 22, 1997, and

WHEREAS, The Dallas District Headquarters of the Texas Department of Transportation will celebrate its service to the citizens of Dallas, Rockwall, Navarro, Collin, Denton, Kaufman and Ellis Counties with an open house from 9am to 3pm on that date;

NOW, THEREFORE, BE IT RESOLVED, That the City of Terrell hereby recognize the exceptional accomplishments of all employees, past and present, of the Texas Highway Department and Texas Department of Transportation; and be it further

RESOLVED, That the City of Terrell, recognize the existence of the Texas Department of Transportation as the state's transportation agency and an integral part of Texas state government for the last eight decades; and be it further

RESOLVED That a copy of this resolution be prepared for the department as an expression of the high regard of the City of Terrell.

PASSED AND APPROVED this 21st day of October, 1997.

____________________________________________
DON L. LINDSEY, MAYOR

ATTEST:

____________________________________________
JOHN ROUNSAVALL, CITY SECRETARY

6.10 CONSIDER APPROVAL OF THE EXTENSION OF THE CONTRACT WITH T.A.R.A. AND SOUTHWESTERN CHRISTIAN COLLEGE

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Frances Anderson to approve the extension of the contract with T.A.R.A. and Southwestern Christian College. Ayes all; Nayes none. Motion carried.

CITY OF TERRELL

KAUFMAN COUNTY, TEXAS

EXTENSION AGREEMENT

This Extension Agreement is made and executed for the purpose of extending the Agreement between the CITY OF TERELL, TEXAS and TERRELL ATHLETIC RECREATION ASSOCIATION entered into on August 8, 1996.

I.

The CITY OF TERRELL, TEXAS agrees and shall pay to TERRELL ATHLETIC RECREATION ASSOCIATION the sum of $2500.00 for fiscal year 1996-1997 and the sum of $2500.00 for fiscal year 1997-1998. These funds shall be used and applied in accordance with the terms of the Agreement dated August 8, 1996, and shall be paid upon request.

II.

All other terms of the Agreement dated August 8, 1996, shall remain in full force and effect during the extension periods.

Dated this ______ day of October, 1997.

CITY OF TERRELL, TEXAS

BY: __________________________________
DON L. LINDSEY, MAYOR
ATTEST:

______________________________________
JOHN ROUNSAVALL, CITY SECRETARY

TERRELL ATHLETIC RECREATION ASSOCIATION

BY: __________________________________
B. MICHAEL CHITTY

CITY OF TERRELL

KAUFMAN COUNTY, TEXAS

EXTENSION AGREEMENT

This Extension Agreement is made and executed for the purpose of extending the Agreement between the CITY OF TERELL, TEXAS and SOUTHWESTERN CHRISTIAN COLLEGE entered into in May, 1996.

I.

The CITY OF TERRELL, TEXAS agrees and shall pay to SOUTHWESTERN CHRISTIAN COLLEGE the sum of $2500.00 for fiscal year 1996-1997 and the sum of $2500.00 for fiscal year 1997-1998. These funds shall be used and applied in accordance with the terms of the Agreement dated in May, 1996, and shall be paid upon request.

II.

All other terms of the Agreement dated in May, 1996, shall remain in full force and effect during the extension periods.

Dated this _____ day of October, 1997.

CITY OF TERRELL, TEXAS

BY:__________________________________
DON L. LINDSEY, MAYOR
ATTEST:

______________________________________
JOHN ROUNSAVALL, CITY SECRETARY

SOUTHWESTERN CHRISTIAN COLLEGE

BY:__________________________________
JAMES O. MAXWELL

7.0 DISCUSSION ITEMS

8.0 EXECUTIVE SESSION

9.0 HEAR REMARKS FROM VISITORS

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.

_______________________________________
Don L. Lindsey, Mayor

Attest:

_______________________________________
John Rounsavall, City Secretary
City Council Minutes
October 21, 1997

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