Minutes 

CITY COUNCIL MEETING

NOVEMBER 5, 1996

7:00 P.M.

1.0 ANNOUNCEMENTS AND PUBLIC HEARINGS

A regular City Council meeting was held Tuesday, November 5, 1996 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

Mayor Don L. Lindsey called the meeting to order and Councilmember Tommy Spencer gave the opening prayer.

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

Councilmember Jack Jones presented the Arlie White P.R.I.D.E. award to Police Officer Miles Hanks for the month of November.

2.0 MINUTES

2.1 CONSIDER APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING HELD OCTOBER 15, 1996

A motion was made by Mayor Pro-Tem Robert Messer and seconded by Councilmember Jack Jones that the minutes of the regular City Council Meeting held October 15, 1996, be approved as presented. Ayes all; Nayes none. Motion carried.

3.0 BIDS

3.1 CONSIDER BIDS AND AWARD OF CONTRACT FOR COLQUITT ROAD DRAINAGE IMPROVEMENTS.

The following bids were received for Colquitt Road Culvert:

CONTRACTOR
BASE BID
1.
Triple H Construction (Jim Herring) Sperling
$52,885.00
2.
Environmental Reconstruction
$39,983.00
3.
Hasty Contractor Services

4.
M.A. Venson Construction
$52,733.00
5.
T. Rodden Construction
$38,265.00
6.
Jerry Wilson

7.
B&B
$35,746.50

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to award the Colquitt Road Culvert Project to B&B Construction in the amount of $35,746.50. Ayes all; Nayes none. Motion carried.

4.0 ROUTINE BUSINESS
None.

CITY COUNCIL MINUTES
NOVEMBER 5, 1996
PAGE 2

5.0 OLD BUSINESS

5.1 CONSIDER ADOPTION OF ORDINANCE #1853 - AMENDING 1996-1997 BUDGET FOR STREET IMPROVEMENTS.

A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Frances Anderson to approve on second reading the following Ordinance #1853, Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1853

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1996, AND ENDING SEPTEMBER 30, 1997, AS PASSED AND ADOPTED ON SEPTEMBER 17, 1996, TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; 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:

SECTION I.

The General Fund Budget be amended to reflect the following increases in the budget:

AMENDED BUDGET
EXPENDITURES
010-22-4510 Street Improvements $250,000.00

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 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.

CITY COUNCIL MINUTE
NOVEMBER 5, 1996
PAGE 3

PASSED AND APPROVED ON THIS 15TH DAY OF OCTOBER, 1996.

PASSED AND ADOPTED ON THIS 5TH DAY OF NOVEMBER, 1996.

_______________________________________
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 #1855 - AMENDING PORTABLE SIGN RESOLUTION SOUTHSIDE OF THE CENTRAL BUSINESS DISTRICT.

A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Frances Anderson to table this time and place it on the next workshop agenda for review. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1855

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 1832, REGULATING THE CONSTRUCTION AND USE OF SIGNS, BANNERS, AND AWNINGS IN THE CENTRAL BUSINESS DISTRICT, AS WELL AS THE CITY OF TERRELL; SECTION XIV.: PORTABLE SIGNS, PARAGRAPH B AND PARAGRAPH C; PROVISIONS FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE.

ARTICLE I.

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

SECTION XIV.: PORTABLE SIGNS, PARAGRAPH (B), SUBPARAGRAPHS 1, 3, AND 4; PARAGRAPH (C), SUBPARAGRAPH 2., BE DELETED IN ITS ENTIRETY AND IF APPLICABLE, REPLACE WITH THE FOLLOWING:

CITY COUNCIL MINUTES
NOVEMBER 5, 1996
PAGE 4

(B) In Zones II and III portable signs are permitted and are subject to the following regulations.

1. Prior to the use or placement of any portable sign, a permit must be obtained from the Building Inspections Department. The permit fee shall be $__________________________________.
(The permit fee shall be $25.00).

3. Delete paragraph. (No permit for the same business location shall be issued until a minimum of fifteen (15) days has elapsed since the previous permit expired. Said portable sign shall be physically removed by the permittee from the referenced location upon expiration of the permit. A business location shall be defined as a shopping center or collection of businesses located upon one site or one platted tract of property).

4. Delete paragraph. (Portable sign permits may be issued for a maximum of sixty (60) days. Said portable sign shall be physically removed by the permittee form the referenced location upon expiration of the permit).

C. Registration of Portable Signs

1. (No change)

2. Delete this subparagraph. (Portable signs are not considered to be permanent fixtures, but are temporary in nature. Portable signs which are registered as nonconforming signs under this ordinance shall be considered amortized within six months of the effective date of this ordinance. All registered nonconforming signs shall be removed by that date).

3. (No change)

4. (No change)

ARTICLE II.

That all ordinances or parts of ordinances in conflict herewith are to the extent of such conflict, hereby repealed. Any and all provisions or Ordinance No. 1832 not expressly amended by this ordinance shall remain in full force and effect.

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NOVEMBER 5, 1996
PAGE 5

ARTICLE III.

That is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional by the valid judgment or decree of any court of unconstitutional jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and section, since the same would have been enacted by the City Council without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section.

ARTICLE IV.

That 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 5th day of November, 1996.

PASSED AND ADOPTED on final reading this the 19th day of November, 1996, by the City Council of the City of Terrell, Texas.

____________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_____________________________________
BOBBY BISHOP, CITY SECRETARY

APPROVED AS TO FORM:

_______________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

6.2 CONSIDER APPROVAL OF PROPOSAL FOR DISABILITY INSURANCE PROTECTION FOR CITY EMPLOYEES

A motion was made by Mayor Pro-Tem Robert Messer and seconded by Councilmember Jack Jones to select Provident Life and Accident Plan 3 for the City's Disability Income options. Ayes all; Nayes none. Motion carried.

6.3 CONSIDER ADOPTION OF RESOLUTION NO. 195 - OPPOSING LEGISLATION TO ALLOW ANIMAL CONTROL OFFICERS TO VACCINATE ANIMALS AGAINST RABIES.

A motion was made by Councilmember Jack Jones and seconded by Mayor Pro-Tem Robert Messer to approve the following Resolution No. 295. Ayes all; Nayes none.

CITY COUNCIL MINUTES
NOVEMBER 5, 1996
PAGE 6

RESOLUTION #295

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL OPPOSING PASSAGE OF A BILL ENABLING LOCAL RABIES CONTROL AUTHORITIES, OR THEIR DESIGNEES, AND HUMANE ORGANIZATIONS THAT RELEASE ANIMALS FOR ADOPTION OR PERFORM ANIMAL CONTROL ACTIVITIES TO VACCINATE ANIMALS UNDER THEIR CONTROL AGAINST RABIES.

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

WHEREAS, rabies in animals continues to be a significant health threat in the State of Texas, as evidence in the state health emergency declared by Governor Richards in July 1994, and is currently in effect due to an increase of rabies in south and west central Texas; and

WHEREAS, the Health and Safety Code, Title 10, Health and Safety of Animals, Chapter 826, Rabies, Section 826.023 Use and Sale of Rabies Vaccine, makes provisions which allows only veterinarians to obtain and administer rabies vaccines with an exception which allows owners of livestock to obtain and administer rabies vaccine to their livestock; and

WHEREAS, Local Rabies Control Authorities and human organizations that release animals for adoption or perform animal control activities, are currently prohibited, by State Law, from obtaining and administering rabies vaccines, even though Section 826.017 of the Health and Safety Code requires the Local Rabies Control Authority to enforce Chapter 826, Rabies, including rabies vaccinations, as well as the Texas Board of Health rules, dealing with minimum standards for rabies control; and

WHEREAS, the City opposes the Resolution of the Texas Association of Municipal Health Officials to allow Local Rabies Control Authorities or humane organizations to administer rabies vaccines.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Terrell recommends the referenced resolution be denied for the following reasons:

1. Eliminates the opportunity for a veterinarian to examine these animals for diseases that may be transmitted to children; and

2. Creates the possibility that these animals will be improperly immunized against rabies; and

3. Removes the requirement for proper professional documentation of vaccination and the immediate availability of that documentation to physicians in animal bite cases.

CITY COUNCIL MINUTES
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PAGE 7

RESOLVED this 5th day of November, 1996.

____________________________________
Don L. Lindsey, Mayor
ATTEST:

____________________________________
Bobby Bishop, City Secretary

6.4 CONSIDER ADOPTION OF RESOLUTION #296 - APPROVING GRANT AGREEMENT WITH TEXAS WATER DEVELOPMENT BOARD FOR PREPARING A LONG RANGE WATER PLAN FOR TERRELL.

A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Jack Jones to not approve the following Resolution No. 296.

RESOLUTION #296

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL CONCERNING PLANNING FOR LONG-RANGE WATER SUPPLY.

WHEREAS, the City of Terrell's water utility supplies potable water to all the citizens and businesses of the community, plus, the customers of seven area rural water supply corporations; in all, serving an estimated population of over 22,000; and

WHEREAS, the long-term dependability and viability of its supply, treatment and distribution facilities are of the utmost importance to the continued economic development and well-being of this community, as well as, a substantial portion of the north half of Kaufman County; and

WHEREAS, the City Council intends to develop a multi-year, capital improvements and facilities replacement/maintenance program, so that plans and funding for such work can be most efficiently managed; and recognizing that its water utility will comprise a significant component of that plan; and that reference to a long-range plan is the most appropriate method by which to establish priorities in funding and construction; and

WHEREAS, the Texas Water Development Board has indicated its willingness to participate in the cost of the preparation of a Master Water Plan for the system, that would provide this City Council with the guidance it requires to make the best, long-range decisions for its constituents; and

WHEREAS, it appears that local funds are, or will be, available to pay the City's share of said effort;

NOW THEREFORE BE IT RESOLVED that the Mayor is hereby authorized to negotiate and execute an Agreement with the said Board, the preparation of a Master Water Plan, in the amount set forth in the grant offer; and at the appropriate time, to proceed with selection of an engineering firm to prepare the said plan; and when final costs have been determined, to prepare an amendment to the annual operating and maintenance budget, to effect the necessary changes in the fiscal year expense plan, and to present said amendment to this body for approval.

CITY COUNCIL MINUTES
NOVEMBER 5, 1996
PAGE 8

RESOLVED this 5th day of November, 1996.

____________________________________
Don L. Lindsey, Mayor
ATTEST:

____________________________________
Bobby Bishop, City Secretary

6.5 CONSIDER ADOPTION OF RESOLUTION NO. 297 - LOTTERY PROCEEDS

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve the following Resolution No. 297. Ayes all; Nayes none. Motion carried.

RESOLUTION #297

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, SUPPORTING THE PASSAGE OF A PROPOSED SENATE BILL ON LOTTERY SALES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

WHEREAS, the Texas Lottery Commission has conducted the Texas Lottery since its implementation in November, 1992; and

WHEREAS, Senator Tom Haywood has proposed a bill to be presented in the 1997 legislative session of the Texas Lottery Commission to return five cents of every lottery sales dollar to the city where the sale was transacted or, if in the unincorporated area, to the county; and

WHEREAS, the state lottery ticket sales in the City of Terrell during calendar year 1996 totaled $6,604,240.00, and this proposed bill would have returned to the cities and the city a total of $330,212.00; and

WHEREAS, the revenue from the returned lottery ticket sales would be a direct benefit to the citizens of the City of Terrell.

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

SECTION 1. That the City Council of the City of Terrell, Texas, wishes to express its support for the passage of Senator Haywood's proposed Senate Bill to return five cents from every dollar of the Texas state lottery sales to the cities and counties of original sale.

CITY COUNCIL MINUTES
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PAGE 9

SECTION 2. That it is hereby officially found and determined that the meeting at which this resolution is open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required.

PASSED AND APPROVED this the 5th day of November, 1996.

__________________________________________
MAYOR, DON L. LINDSEY

ATTEST:

_______________________________________
BOBBY BISHOP
CITY SECRETARY

6.6 CONSIDER REQUEST FOR SALE OF PROPERTY FOR UNPAID TAXES BY KAUFMAN COUNTY

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve the sale of Dewberry 2nd Block 2, Lot 3, as requested by Kaufman County Tax Assessor Collection. Ayes all; Nayes none. Motion carried.

6.7 CONSIDER APPROVAL OF REPLAT OF PART OF LOT 1, TRAYLOR SUBDIVISION II

A motion was made by Mayor Pro-Tem Robert Messer and seconded by Councilmember Frances Anderson to approve Replat of part of Lot 1, Traylor Subdivision II. Ayes all; Nayes none. Motion carried.

6.8 CONSIDER APPROVAL OF REPLAT OF LOT 2, BLOCK B, METRO EAST ADDITION

A motion was made by Councilmember Frances Anderson and seconded by Mayor Pro-Tem Robert Messer to approve the Replat of Lot 2, Block B, Metro East addition. Ayes all; Nayes none. Motion carried.

6.9 CONSIDER APPROVAL OF PLAT OF GARNER SUBDIVISION

A motion was made by Councilmember Jack Jones and seconded by Mayor Pro-Tem Robert Messer that the owner of the Garner subdivision must apply for annexation of the entire tract into the corporate city limits of Terrell before approval of the Garner Subdivision. Ayes all; Nayes none. Motion carried.

6.10 CONSIDER APPROVAL OF RATE INCREASE REQUEST FOR SANITATION SERVICE AS REQUESTED BY WASTE MANAGEMENT

A motion was made by Mayor Pro-Tem Robert Messer and seconded by Councilmember Frances Anderson to table this item on the agenda until company financial reports are submitted. Ayes all; Nayes none. Motion carried.

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NOVEMBER 5, 1996
PAGE 10

7.0 DISCUSSION ITEMS
None.

8.0 EXECUTIVE SESSION

8.1 ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH TITLE 5, GOVERNMENT CODE V.T.C.S., CHAPTER 551, OPEN MEETINGS, SECTION 551.074 - PERSONNEL MATTERS; AND SECTION 551.071 - PENDING LITIGATION.

Mayor Don L. Lindsey called an executive session in accordance with Title 5, Government Code V.T.C.S., Chapter 551, Open Meetings, Section 551.074 - Personnel Matters; and Section 551.071 - Pending Litigation.

8.2 RECONVENE INTO REGULAR SESSION

The Council reconvened into regular session and Mayor Don L. Lindsey stated no decision was made in executive session.

9.0 HEAR REMARKS FROM VISITORS
None

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:

_____________________________________
BOBBY BISHOP, CITY SECRETARY

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