Minutes 

CITY COUNCIL MEETING

DECEMBER 21, 1999

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, December 7, 1999 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 ABSENT
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Henry Madgwick called the meeting to order.

2. INVOCATION

Mayor Henry Madgwick gave the opening prayer.

3. AWARD RECOGNITION - RETIREMENT OF BETTY HENDLEY
PRESENTATION - TANGER OUTLET CENTER TO TERRELL POLICE
DEPARTMENT AND TERRELL FIRE DEPARTMENT

Mayor Henry Madgwick and Chief of Police Jeff Whitt presented Betty Hendley with a
plaque for services to the City and expressed his gratitude for the City. Chief of Police
Jeff Whitt expressed his appreciation for her discretion and dedication to her job. Mayor
Henry Madgwick presented Gordon Pierce with a World Series Appreciation Plaque.

Sonia Malone presented donations to the Terrell Police Department and Terrell Fire
Department.

4. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING
MINUTES OF DECEMBER 21, 1999

Councilmember Lee Schaeffer made a motion to approved the City Council Regular
Meeting Minutes of December 21, 1999. The motion was seconded by Councilmember
James Huffman. Ayes - Lee Schaeffer, James Huffman; Tommy Spencer abstained.
Motion carried.

PUBLIC HEARING
ZONING

5.
a) CONDUCT A PUBLIC HEARING TO CONSIDER A REQUEST
FOR ZONE CHANGE ON PROPERTY DESCRIBED AS 90.127
ACRES IN THE J.C. HALE SURVEY, ABSTRACT A-202 FROM
THE CURRENT ZONING OF AGRICULTURAL (A) TO SINGLE-
FAMILY (1F2).

Mayor Henry Madgwick opened a public hearing to consider a request for zone change
on property described as 90.127 acres in the J.C. Hale Survey, Abstract A-202 from the current zoning of Agricultural (A) to Single-Family (1F2). Pete Hennessey representing Barry Halla, Life Rebuilders and Vannoy Surveyors spoke for the zone change. No one spoke against the zone change. Councilmember Tommy Spencer made a motion to close the public hearing. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

b) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO.
1998 - ZONE CHANGE ON PROPERTY DESCRIBED AS 90.127
ACRES IN THE J.C. HALE SURVEY, ABSTRACT A-202 FROM
THE CURRENT ZONING OF AGRICULTURAL (A) TO SINGLE-
FAMILY (1F2).

Council considered Ordinance No. 1998 - Zone Change on Property Described as 90.127 Acres in the J.C. Hale Survey, Abstract A-202 from the Current Zoning of Agricultural (A) to Single-Family (1F2) on first reading. Councilmember Tommy Spencer made a motion to approve Ordinance No. 1998 - Zone Change on Property Described as 90.127 Acres in the J.C. Hale Survey, Abstract A-202 from the Current Zoning of Agricultural (A) to Single-Family (1F2) on first reading. The motion was seconded by Councilmember James Huffman. Councilmember Lee Schaeffer abstained from voting. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1998

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TERRELL, TEXAS, CHANGING THE ZONING FROM
AGRICULTURAL (A) TO SINGLE-FAMILY (1F2) ON
PROPERTY DESCRIBED AS 90.127 ACRES IN THE J.C. HALE
SURVEY, ABSTRACT A-202, TERRELL, TEXAS; PROVIDING
FOR THE REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.

6.
c) CONDUCT A PUBLIC HEARING TO CONSIDER A REQUEST
FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 1 &
2, BLOCK 1, DEWBERRY'S 4TH FROM THE CURRENT ZONING
OF SINGLE-FAMILY (1F2) TO COMMERCIAL (C).

Mayor Henry Madgwick opened a public hearing to consider a request for zone change
on property described as Lots 1 & 2, Block 1, Dewberry's 4th from the current zoning of
Single Family (1F2) to Commercial (C). Will Cole, Pastor Clarence Robertson, and
Jerre Gibbs spoke against the zone change. No one spoke for the zone change.
Councilmember James Huffman made a motion to close the public hearing. The motion
was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion
carried.

d) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO.
1999 - ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 1
& 2, BLOCK 1, DEWBERRY'S 4th FROM THE CURRENT
ZONING OF SINGLE-FAMILY (1F2) TO COMMERCIAL (C).

Council considered Ordinance No. 1999 - Zone Change on Property Described as Lots 1 & 2, Block 1, Dewberry's 4th from the Current Zoning of Single-Family (1F2) to
Commercial (C). Councilmember Tommy Spencer made a motion to deny Ordinance No. 1999 - Zone Change on Property Described as Lots 1 & 2, Block 1, Dewberry's 4th from the Current Zoning of Single-Family (1F2) to Commercial (C) as recommended by the Planning and Zoning Commission. The motion was seconded by Councilmember James Huffman. Councilmember Lee Schaeffer abstained from voting. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1999

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TERRELL, TEXAS, CHANGING THE ZONING FROM SINGLE-
FAMILY TO COMMERCIAL ON PROPERTY DESCRIBED AS
LOTS 1 & 2, BLOCK 1, DEWBERRY'S 4TH, TERRELL, TEXAS;
PROVIDING FOR THE REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.

7.
e) CONDUCT A PUBLIC HEARING TO CONSIDER REQUEST FOR
ZONE CHANGE ON PROPERTY DESCRIBED AS LOT 1, BLOCK
526, TERRELL REVISED FROM THE CURRENT ZONING OF
COMMERCIAL (C) TO LIGHT INDUSTRIAL (LI).

Mayor Henry Madgwick opened a public hearing to consider a request for zone change
on property described as Lot 1, Block 526, Terrell Revised from the current zoning of
Commercial (C) to Light Industrial (LI). One person spoke for the zone change. No one
spoke against the zone change. Councilmember Lee Schaeffer made a motion to close
the public hearing. The motion was seconded by Councilmember Tommy Spencer.
Ayes - all; Nayes - none. Motion carried.

f) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO.
2000 - ZONE CHANGE ON PROPERTY DESCRIBED AS LOT 1,
BLOCK 526, TERRELL REVISED FROM THE CURRENT
ZONING OF COMMERCIAL (C) TO LIGHT INDUSTRIAL (LI).
Council considered Ordinance No. 2000 - Zone Change on Property described as Lot 1, Block 526, Terrell Revised from the Current Zoning of Commercial (C) to Light
Industrial (LI) on first reading. Councilmember Tommy Spencer made a motion to
approve Ordinance No. 2000 - Zone Change on Property described as Lot 1, Block 526, Terrell Revised from the Current Zoning of Commercial (C) to Light Industrial (LI) on first reading. The motion was seconded by Councilmember James Huffman.
Councilmember Lee Schaeffer abstained from voting. Ayes - all ;Nayes -none. Motion
carried. ORDINANCE NO. 2000

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TERRELL, TEXAS, CHANGING THE ZONING FROM
COMMERCIAL TO LIGHT INDUSTRIAL ON PROPERTY
DESCRIBED AS LOT 1, BLOCK 526, TERRELL REVISED,
TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
8.
g) CONDUCT A PUBLIC HEARING TO CONSIDER A REQUEST
FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 2, 3
& 4, BLOCK 526, TERRELL REVISED FROM THE CURRENT
ZONING OF COMMERCIAL (C) TO LIGHT INDUSTRIAL (LI).
Mayor Henry Madgwick opened a public hearing to consider a request for zone change
on property described as Lots 2, 3 & 4, Block 526, Terrell Revised from the current
zoning of Commercial (C) to Light Industrial (LI). No one spoke for or against the zone
change. Councilmember Lee Schaeffer made a motion to close the public hearing. The
motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none.
Motion carried.

h) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO.
2001 - ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 2,
3 & 4, BLOCK 526, TERRELL REVISED FROM THE CURRENT
ZONING OF COMMERCIAL (C) TO LIGHT INDUSTRIAL (LI).
Council considered Ordinance No. 2001 - Zone Change on Property Described as Lots 2, 3 & 4, Block 526, Terrell Revised from the Current Zoning of Commercial (C) to Light Industrial (LI) on first reading. Councilmember James Huffman made a motion to
approve Ordinance No. 2001 - Zone Change on Property Described as Lots 2, 3 & 4,
Block 526, Terrell Revised from the Current Zoning of Commercial (C) to Light
Industrial (LI) on first reading. The motion was seconded by Councilmember Tommy
Spencer. Councilmember Lee Schaeffer abstained from voting. Ayes - all ;Nayes -
none. Motion carried. ORDINANCE NO. 2001

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TERRELL, TEXAS, CHANGING THE ZONING FROM
COMMERCIAL TO LIGHT INDUSTRIAL ON PROPERTY
DESCRIBED AS LOTS 2, 3 & 4, BLOCK 526, TERRELL REVISED,
TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

9.
i) CONDUCT A PUBLIC HEARING TO CONSIDER A REQUEST
FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 5 &
6, BLOCK 526, TERRELL REVISED FROM THE CURRENT
ZONING OF COMMERCIAL (C) TO LIGHT INDUSTRIAL (LI).

Mayor Henry Madgwick opened a public hearing to consider a request for zone change
on property described as Lots 5-& 6, Block 526, Terrell Revised from the current zoning of Commercial (C) to Light Industrial (LI). No one spoke for or against the zone change. Councilmember Tommy Spencer made a motion to close the public hearing. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

j) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO.
2002 - ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 5
& 6, BLOCK 526, TERRELL REVISED FROM THE CURRENT
ZONING OF COMMERCIAL (C) TO LIGHT INDUSTRIAL (LI).

Council considered Ordinance No. 2002 - Zone Change on Property Described as Lots 5 & 6, Block 526, Terrell Revised from the Current Zoning of Commercial (C) to Light
Industrial (LI) on first reading. Councilmember Tommy Spencer made a motion to
approve Ordinance No. 2002 - Zone Change on Property Described as Lots 5 & 6, Block 526, Terrell Revised from the Current Zoning of Commercial (C) to Light Industrial (LI) on first reading. The motion was seconded by Councilmember James Huffman. Councilmember Lee Schaeffer abstained from voting. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2002

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TERRELL, TEXAS, CHANGING THE ZONING FROM
COMMERCIAL TO LIGHT INDUSTRIAL ON PROPERTY
DESCRIBED AS LOTS 5 & 6, BLOCK 526, TERRELL REVISED,
TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

10.
k) CONDUCT A PUBLIC HEARING TO CONSIDER A REQUEST
FOR ZONE CHANGES ON PROPERTY DESCRIBED AS
FORREST CREEK ADDITION.
- TRACT 1 BEING 3.1213 ACRES OF THE J. McENTURFF
SURVEY, ABSTRACT A-340 FROM THE CURRENT
ZONING OF RETAIL (R) TO SINGLE-FAMILY (1F2).
- TRACT 2 BEING .02990 ACRES OF THE J. McENTURFF
SURVEY, ABSTRACT A-340 FROM THE CURRENT
ZONING OF SINGLE-FAMILY (1F2) TO RETAIL (R).
- TRACT 3 BEING .08377 ACRES OF THE J. McENTURFF
SURVEY, ABSTRACT A-340 FROM THE CURRENT
ZONING OF AGRICULTURAL (A) TO RETAIL (R).
- TRACT 4 BEING 2.6114 ACRES OF THE J. McENTURFF
SURVEY, ABSTRACT A-340 FROM THE CURRENT
ZONING OF AGRICULTURAL (A) TO SINGLE-FAMILY
(1F2).

Mayor Henry Madgwick opened a public hearing to consider a request for zone changes
on property described as Forrest Creek Addition. Steven McGinnis spoke for the zone
change. No one spoke against the zone change. Councilmember Tommy Spencer made
a motion to close the public hearing. The motion was seconded by Councilmember Lee
Schaeffer. Ayes - all; Nayes - none. Motion carried.

l) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO.
2003 - ZONE CHANGES ON PROPERTY DESCRIBED AS
FORREST CREEK ADDITION.

Council consider Ordinance No. 2003 - Zone Changes on Property Described as Forrest Creek Addition. Councilmember James Huffman made a motion to approved Ordinance No. 2003 - Zone Change on Property Described as Forrest Creek Addition subject to revisions by the City Attorney. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TERRELL, TEXAS, CHANGING THE ZONING FROM ON
PROPERTY DESCRIBED AS FORREST CREEK ADDITION,
TRACT 1 BEING 3.1213 ACRES OF THE J. MCENTURFF
SURVEY, ABSTRACT A-340 FROM THE CURRENT ZONING OF
RETAIL (R) TO SINGLE-FAMILY (1F2); TRACT 2 BEING 0.2990
ACRES OF THE J. MCENTURFF SURVEY, ABSTRACT A-340
FROM THE CURRENT ZONING OF SIGNLE-FAMILY (1F2) TO
RETAIL (R); TRACT 3 BEING 0.8377 ACRES OF THE J.
MCENTURFF SURVEY, ABSTRACT A-340 FROM THE
CURRENT ZONING OF AGRICULTURAL (A) TO RETAIL (R);
AND TRACT 4 BEING 2.6114 ACRES OF THE J. MCENTURFF
SURVEY, ABSTRACT A-340 FROM THE CURRENT ZONING OF
AGRICULTURAL (A) TO SINGLE-FAMILY (1F2), TERRELL,
TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.

11. DISCUSS AND CONSIDER:

m) APPROVAL OF A ROADWAY EASEMENT TO TXU ELECTRIC
COMPANY

Stan Ballard presented to Council for discussion and consideration approval of a
Roadway Easement to TXU Electric Company.

n) GRANTING AN EASEMENT TO TXU ELECTRIC COMPANY
FOR OVERHEAD POWER FACILITIES ON PROPERTY IN
SOWELL SURVEY

Stan Ballard presented to Council for discussion and consideration approval of an
easement to TXU Electric Company for overhead power facilities on property in
Sowell Survey.
o) APPROVAL OF A SUBLEASE OF RAILROAD PROPERTY TO
TXU ELECTRIC COMPANY FOR ROADWAY PURPOSES

Stan Ballard presented to Council for discussion and consideration approval of a
sublease of railroad property to TXU Electric Company for roadway purposes.

Councilmember Lee Schaeffer made a motion to approve items 11. M-O. The motion
was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion
carried.

12. DISCUSS AND CONSIDER ACCEPTANCE OF A PROPOSAL BY
CHIANG, PATEL, AND YERBY FOR DESIGN SERVICES ON RAW
WATER PUMP STATION IMPROVEMENTS (PROJECT NO. 96-06).

Stan Ballard presented to Council for discussion and consideration acceptance of a
proposal by Chiang, Patel, and Yerby for Design Services on Raw Water Pump Station
Improvements (Project No. 96-06). Councilmember James Huffman made a motion to
accept the proposal by Chiang, Patel, and Yerby for Design Services on Raw Water
Pump Station Improvements (Project No. 96-06). The motion was seconded by
Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.


13. CONSIDER RATIFICATION OF THE TERRELL ECONOMIC
DEVELOPMENT CORPORATION BOARD'S APPROVAL OF CHANGE
ORDER NO. 3 TO THE AGREEMENT WITH GLEN THURMAN, INC.,
PROVIDING FOR ADDITIONAL WORK ON TEJAS DRIVE, TEMTEX
BLVD. AND A PROPOSED CUL-DE-SAC ADJACENT TO AAVID
THERMAL TECH (PROJECT NO. 99-07).

Danny Booth presented to Council for discussion and consideration ratification of the
Terrell Economic Development Corporation Board's approval of Change Order No. 3 to the Agreement with Glen Thurman, Inc., Providing for Additional Work on Tejas Drive, TemTex Blvd. And a Propsed Cul-de-sac adjacent to AAVID Thermal Tech (Project No 99-07). Councilmember Tommy Spencer made a motion to approve Change Order No. 3 to the Agreement with Glen Thurman, Inc., Providing for Additional Work on Tejas Drive, TemTex Blvd. and a proposed cul-de-sac adjacent to AAVID Thermal Tech (Project No. 99-07). The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

14. DISCUSS AND CONSIDER BID AND AWARD OF CONTRACT FOR:

p) CITY VEHICLES - PICKUPS
Will Cole presented to Council for discussion and consideration award of contract for
City Vehicles - Pickups.

q) POLICE INTERCEPTORS AND FIRE DEPARTMENT VEHICLE
Will Cole presented to Council for discussion and consideration award of contract for
Police Interceptors and Fire Department Vehicle.

Councilmember Lee Schaeffer made a motion to award ½ ton pickup to Musser Motors
in the amount of $15,262.00, four light duty pickups to Randall Noe at $12,164.95 for a
total of $48,659.80, four police vehicles to Musser Motors at $19,148.00 for a total of
$76,592.00 and 1 fire department vehicle to Musser Motors in the amount of $19,148.00. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

r) POLICE VEHICLE EQUIPMENT
Will Cole presented to Council for discussion and consideration award of bid for police
vehicle equipment. Low bidder was disqualified due to distance. The next low bidder,
Pusuit Safety in Rockwall, turned in a bid of $14,975.00.

Councilmember James Huffman made a motion to award bid and contract to Pursuit
Safety of Rockwall in the amount of $14,975.00. He also noted it is the job of this
Council to determine whether or not vehicles are transitioned to Houston or not as
opposed to what the police department is recommending. The motion was seconded by
Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

s) CITY VEHICLE - INTERMEDIATE STAFF CAR
Will Cole presented to Council for discussion and consideration bid and award of
contract for City Vehicle - Intermediate Staff Car. Councilmjember Lee Schaeffer made
a motion to award bid and contract to Musser Motors in the amount of $17,396.00. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

15. DISCUSS AND CONSIDER RESOLTUION NO. 360 - TRANSFER OF
PROPERTY FOR FIRST TIME HOMEBUYER PROGRAM.
City Manager Gordon Pierce presented to Council for discussion and consideration
Resolution No. 360 - Transfer of Property for First Time Homebuyer Program.
Councilmember Tommy Spencer made a motion to approve Resolution No. 360 -
Transfer of Property for First Time Homebuyer Program. The motion was seconded by
Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

16. DISCUSS AND CONSIDER APPOINTMENT OF TWO MEMBERS TO
THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS.

City Manager Gordon Pierce presented to Council for discussion and consideration
appointment of two members to the Construction Board of Adjustments and appeals.
Councilmember James Huffman made a motion to table this item to the second meeting
in January of 2000. The motion was seconded by Councilmember Tommy Spencer.
Ayes - all; Nayes - none. Motion carried.

17. DISCUSS RETREAT INFORMATION.

City Manager Gordon Pierce discussed with Council that Retreat will start with dinner at
6:00 P.M. on Thursday, January 6, 2000.

18. HEAR REMARKS FROM VISITORS.

None were made.

OLD BUSINESS
CONSENT AGENDA

19. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1997 -
DESIGNATING MORRIS AT HEATH AS A STOP INTERSECTION.
2nd READING

City Manager Gordon Pierce presented to Council for discussion and consideration to
adopt Ordinance No. 1997 - Designating Morris at Heath as a Stop Intersection on
second reading. Councilmember James Huffman made a motion to adopt Ordinance No.
1997 - Designating Morris at Heath as a Stop Intersection on second reading. The
motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none.
Motion carried.

ORDINANCE NO. 1997

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS,
AUTHORIZING THE INSTALLATION AND MAINTENANCE OF
STOP SIGNS AT THE NORTHWEST AND SOUTHEAST CORNERS
OF THE INTERSECTION OF MORRIS STREET AND HEATH
STREET; PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE
REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR
PUBLICATION OF CAPTION; AND ESTABLISHING AN
EFFECTIVE DATE.

SECTION I.

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

ARTICLE I.

THAT there be installed at the Northwest and Southeast Corners of the intersection of
Morris Street and Heath Street appropriate signs, in accordance with Chapter 11, Section 36, of the City of Terrell, 1986 Revised Code of Ordinances, notifying drivers of vehicles approaching such intersection, traveling North and South bound on Morris Street, to come to a full stop. Drivers or operators of vehicles approaching such signs shall comply with the requirements of Chapter 11, Section 36, with regards thereto.

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 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.

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 ON THIS 2nd DAY OF DECEMBER, 1999.
PASSED AND ADOPTED ON 21ST THIS DAY OF DECEMBER, 1999.

20. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:
(t) Letter from Texas Department of Transportation

(u) Engineering Report - Project Status Chart

City Manager Gordon Pierce also presented to Council an invitation to Keith Furlough's
retirement party.

21. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS
GOVERNMENT CODE, SECTION 551.072 - ACQUISITION OF LAND -
ACCESS TO CONEVNIENCE STATION.

22. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF
ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION.

No action taken in executive session.

23. 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 Council Meeting
December 21, 1999

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