Minutes 

CITY COUNCIL MEETING

DECEMBER 7, 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 FRANCES ANDERSON
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Henry Madgwick called the meeting to order.

2. INVOCATION

Councilmember James Huffman gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING
MINUTES OF NOVEMBER 16, 1999

Councilmember Lee Schaeffer made a motion to approve the City Council Regular
Meeting Minutes of November 16, 1999. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

4. RECEIVE ANNUAL REPORT FROM TERRELL TOURISM BOARD

Laura Wolfe presented the Annual Report from Terrell Tourism Board to Council.
Councilmember Frances Anderson commended the Board for the work they did and
thanked them for volunteering. Councilmember James Huffman sought clarification of
the board comment regarding the quarterly reporting by each contractor to be consistent
with the content of the Terrell Chamber Convention and Visitors Bureau. Mayor Henry
Madgwick recommended the reports be sent to the Tourism Board to be critiqued first
then sent to the City Council. The Council agreed by consensus to have the reports sent to the Tourism Board first. Dr. Horace Flatt came before the Council to explain the
quarterly reports is needed not only to see how the money was spent but also to determine the results of the expenditure. Mayor Madgwick instructed the Tourism Board
Chairperson Laura Wolfe to contact the various contractors and have the process of
submitting reports reversed. Councilmember James Huffman commended the Board for
the work they have done over the past year. Councilmember Frances Anderson made a
motion to accept the annual report from the Terrell Tourism Board. Councilmember
Tommy Spencer seconded the motion. Ayes - all; Nayes - none.

5. DISCUSS AND CONSIDER RELEASE OF LIEN FOR PROPERTY ON
METRO DRIVE

City Manager Gordon Pierce and Danny Booth presented to the City Council for
discussion and consideration Release of Lien for Property on Metro Drive.
Councilmember James Huffman made a motion to release the lien on property to be
bought by Renfro Industries. Councilmember Lee Schaeffer seconded the motion. Ayes
- all; Nayes - none. Motion carried.

6. DISCUSS AND CONSIDER AGREEMENT BETWEEN CITY OF
TERRELL AND NUCOR CORPORATION REGARDING THE TEXAS
CAPITAL FUND GRANT CONTRACT

City Manager Gordon Pierce presented to Council for discussion and consideration
Agreement between City of Terrell and Nucor Corporation regarding the Texas Capital
Fund Grant Contract. Councilmember James Huffman made a motion to approve the
agreement between the City of Terrell and Nucor Corporation regarding the Texas
Capital Fund Grant Contract. Councilmember Lee Schaeffer seconded the motion. Ayes
- all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER PRELIMINARY REPORT AND
AGREEMENT FOR ENGINEERING SERVICES FOR SWIMMING
POOL IMPROVEMENTS, PROJECT NO. 99-15.

City Manager Gordon Pierce and Steve Rogers presented to Council for discussion and
consideration the preliminary report and agreement for Engineering Services for
Swimming Pool Improvements, Project No. 99-15. The estimated construction costs are $287,000.00. Councilmember Frances Anderson made a motion to accept the preliminary report and authorized the City Manager to execute the agreement for Engineering Services for Swimming Pool Improvements, Project No. 99-15. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

12. DISCUSS AND CONSIDER APPROVAL OF AN AGREEMENT WITH
RICHARD BROWN CONCERNING T-HANGAR CONSTRUCTION

City Manager Gordon Pierce presented to Council for discussion and consideration for
approval of an agreement with Richard Brown concerning T-Hangar Construction. The
proposal calls for construction of 3 buildings at no cost to the city with associated paving. The interim agreement is in anticipation executing a long-term agreement upon
completion of plans. The city will extend water mains for fire protection at an estimated
cost of $20,000.00 Councilmember Lee Schaeffer made a motion to approve an
agreement with Richard Brown concerning T-Hangar Construction. Councilmember
Frances Anderson seconded the motion. Ayes - all; Nayes - none. Motion carried.

11. DISCUSS AND CONSIDER APPROVAL OF AN AGREEMENT WITH
MADIX CONCERNING THE INSTALLATION OF FIBER OPTIC
CABLE

City Manager Gordon Pierce and City Engineer Stan Ballard presented to Council for
discussion and consideration for approval of an agreement with Madix concerning the
installation of Fiber Optic Cable. Councilmember James Huffman made a motion to
approve an agreement with Madix concerning the installation of fiber optic cable.
Councilmember Frances Anderson seconded the motion. Ayes - all; Nayes - none.
Motion carried

8. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1997 -
DESIGNATING MORRIS AT HEATH AS A STOP INTERSECTION

City Engineer Stan Ballard presented to Council for discussion and consideration for
approval of Ordinance No. 1997 - Designating Morris at Heath as a stop intersection on
first reading. Councilmember Lee Schaeffer made a motion to approve Ordinance No.
1997 - Designating Morris at Heath as a stop intersection on first reading.
Councilmember Frances Anderson seconded the motion. 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.

9. DISCUSS AND CONSIDER APPROVAL OF CHANGE ORDER NO. 1 TO
THE AGREEMENT WITH XIT PAVING AND CONSTRUCTION, INC.,
ON THE PIONEER TERRACES ADDITION, PROJECT NO. 98-08

City Engineer Stan Ballard presented to Council for discussion and consideration for
approval of Change Order No. 1 to the Agreement with XIT Paving and Construction,
Inc., on the Pioneer Terraces Addition, Project No. 98-08. Councilmember Frances
Anderson made a motion to approve the agreement with XIT Paving and Construction,
Inc. on the Pioneer Terraces Addition, Project No. 98-08. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

10. DISCUSS AND CONSIDER APPROVAL OF FREEMAN-MILLICAN'S
PROCEEDING WITH DEVELOPMENT OF A WATER MASTER PLAN,
A WATER CONSERVATION PLAN, AND A WATER AUDIT

City Engineer Stan Ballard presented to Council for discussion and consideration to
approve Freeman-Millican's proceeding with development of a Water Master Plan, a
Water Conservation Plan, and a Water Audit. Councilmember Lee Schaeffer made a
motion to approve Freeman-Millican's proceeding with development of a Water Master
Plan, a Water Conservation Plan, and a Water Audit. Councilmember Tommy Spencer
seconded the motion. Ayes - all; Nayes - none. Motion carried.

13. CONSIDER RATIFICATION OF THE TERRELL ECONOMIC
DEVELOPMENT CORPORATION BOARD'S APPROVAL OF CHANGE
ORDER NO. 1 TO THE AGREEMENT WITH GLEN THURMAN, INC.,
PROVIDING FOR CHANGES IN DRAINAGE DESIGN, LIFT STATION
REQUIREMENTS, PAVEMENT MARKINGS, ETC., ON THE APACHE
TRAIL - METROCREST WAY IMPROVEMENTS PROJECT (NO. 99-07)

City Manager Gordon Pierce and Danny Booth presented to Council for discussion and
consideration ratification of the Terrell Economic Development Corporation Board's
approval of Change Order No. 1 to the Agreement with Glen Thurman, Inc., Providing
for Changes in Drainage Design, Lift Station Requirements, Pavement Markings, etc., on
the Apache Trail - Metrocrest Way Improvements Project (No. 99-07). The change order lowers the price by $23,921.46. Councilmember James Huffman made a motion to approve ratification of the Terrell Economic Development Corporation Board's approval of Change Order No. 1 to the Agreement with Glen Thurman, Inc., Providing for Changes in Drainage Design, Lift Station Requirements, Pavement Markings, etc., on the Apache Trail - Metrocrest Way Improvements Project (No. 99-07). Councilmember Frances Anderson seconded the motion. Ayes - all; Nayes - none. Motion carried.

14. CONSIDER RATIFICATION OF THE TERRELL ECONOMIC
DEVELOPMENT CORPORATION BOARD'S APPROVAL OF AN
AMENDMENT TO THE AGREEMENT WITH HALFF ASSOCIATES,
INC., PROVIDING FOR ADDITIONAL DESIGN SERVICES IN METRO
EAST AND METROCREST ADDITIONS (PROJECT NO. 99-07)

City Manager Gordon Pierce and Danny Booth presented to Council for discussion and
consideration ratification of the Terrell Economic Development Corporation Board's
approval of an amendment to the agreement with Halff Associates, Inc., Providing for
additional Design Services in Metro East and Metrocrest Additions (Project No. 99-07). Councilmember Frances Anderson made a motion to approve ratification of the Terrell Economic Development Corporation Board's approval of an amendment to the
agreement with Halff Associates, Inc., Providing for additional Design Services in Metro
East and Metrocrest Additions (Project No. 99-07). In the Amount of $25,500.00
Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none.
Motion carried.

15. CONSIDER RATIFICATION OF THE TERRELL ECONOMIC
DEVELOPMENT CORPORATION BOARD'S APPROVAL OF CHANGE
ORDER NO. 2 TO THE AGREEMENT WITH GLEN THURMAN, INC.,
PROVIDING FOR ADDITIONAL WORK ON TEMTEX BLVD., AND ON
A PROPOSED CUL-DE-SAC ADJACENT TO AAVID THERMAL TECH
(PROJECT NO. 99-07)

City Manager Gordon Pierce and Danny Booth presented to Council for discussion and
consideration ratification of the Terrell Economic Development Corporation Board's
approval of Change Order No. 2 to the Agreement with Glen Thurman, Inc., Providing
for Additional Work on TemTex Blvd., and on a proposed cul-de-sac adjacent to AAVID Thermal Tech (Project No. 99-07). Councilmember James Huffman made a motion to approve ratification of the Terrell Economic Development Corporation Board's approval of Change Order No. 2 to the Agreement with Glen Thurman, Inc., Providing for Additionl Work on TemTex Blvd., and on a proposed cul-de-sac adjacent to AAVID Thermal Tech (Project No. 99-07) not to exceed $150,500.00. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

16. DISCUSS AND CONSIDER RESOLUTION NO. 358 - DESIGNATING
AND AUTHORIZING SIGNATORIES FOR TEXAS CAPITAL FUND
GRANT REGARDING UTILITY, STREET AND STORM DRAINAGE
IMPROVEMENT PROJECT AT METROCREST INDUSTRIAL PARK

City Manager Gordon Pierce presented to Council for discussion and consideration
Resolution No. 358 - Designating and Authorizing Signatories for Texas Capital Fund
Grant regarding Utility, Street and Storm Drainage Improvement Project at Metrocrest
Industrial Park. Councilmember Lee Schaeffer made a motion to approve Resolution No. 358 - Designating and Authorizing Signatories for Texas Capital Fund Grant Regarding Utility, Street and Storm Drainage Improvement Project at Metrocrest Industrial Park. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none.
Motion carried.

RESOLUTION NO. 358

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, DESIGNATING PERSONS
AUTHORIZED TO REQUEST AND SIGN FOR FUNDS UNDER THE CITY'S
TEXAS CAPITAL FUND PROGRAM PROJECT.

WHEREAS, the City Council of the City of Terrell must designate persons authorized to sign on behalf of the city for funds available through the Texas Capital Fund Program.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of TERRELL, Texas
as follows:

SECTION 1. That the following persons are hereby approved and designated as the authorized
signatories for the city's participation in the Texas Capital Fund Program:

1. Gordon C. Pierce
2. John R. Rounsavall
3. Linda Seabolt
4. Stan Ballard, Jr.

PASSED AND APPROVED this 7th day of December, 1999.

17. DISCUSS AND CONSIDER APPOINTMENT TO COMPREHENSIVE
PLANNING STEERING COMMITTEE

City Manager Gordon Pierce presented to Council for discussion and consideration
appointment to comprehensive planning steering committee. As part of the
Comprehensive Plan process, Dan Sefko is requesting a Steering Committee be appointed to assist the Planning and Zoning Commission, City Council and the consultants in preparing the new Comprehensive Plan for the City. Mayor Henry Madgwick requested the Mayor and Mayor Pro tem be included on the Committee. Councilmember Frances Anderson recommended the item be discussed in retreat. Councilmember James Huffman suggested this item be discussed at the retreat in January. Council consensus is to move the item to the retreat for discussion.

18. DISCUSS AND CONSIDER APPOINTMENTS TO AIRPORT BOARD

City Manager Gordon Pierce presented to Council for discussion and consideration
appointments to Airport Board. Councilmember Lee Schaeffer made a motion to re-
appoint Bill Jenkins and Hugh Littleton to the Airport Board. Councilmember Frances
Anderson seconded the motion. Ayes - all; Nayes - none. Motion carried.

19. DISCUSS AND CONSIDER APPOINTMENTS TO TERRELL
ECONOMIC DEVELOPMENT CORPORATION

City Manager Gordon Pierce presented to Council for discussion and consideration
appointments to Terrell Economic Development Corporation. Councilmember Frances
Anderson expressed that the citizens should be represented on the Board. Councilmember Tommy Spencer made a motion to re-appoint Ivan Johnson and appoint Don Flatt, Bob Watson to the Terrell Economic Development Corporation. Councilmember Lee Schaeffer seconded the motion. Councilmember James Huffman disagreed commenting that there needs to be a citizen representative. He could go along with Mr. Flatt or Mr. Watson and substitute Mr. Moody for the other representative. For the record Councilmember Huffman votes against this proposal if its what the Council thinks is needed because he believes there needs to be a citizen representative. Ayes - Frances Anderson, Tommy Spencer, Lee Schaeffer; Nayes - James Huffman.

20. DISCUSS AND CONSIDER RESALE OF PROPERTY DESCRIBED AS
LOT 5, BLOCK 7, NELSON ADDITION

City Manager Gordon Pierce presented to Council for discussion and consideration resale of property described as Lot 5, Block 7, Nelson Addition. Councilmember Tommy
Spencer made a motion to approve resale of property described as Lot 5, Block 7, Nelson Addition. Councilmember Lee Schaeffer seconded the motion, Ayes - all; Nayes - none. Motion carried.

21. DISCUSS AND CONSIDER RESOLUTION NO. 359 - ADOPTING AN
ANNEXATION PLAN; AND PROVIDING FOR AN EFFECTIVE DATE

City Manager Gordon Pierce presented to Council for discussion and consideration
Resolution No. 359 - Adopting an Annexation Plan, and Providing for an Effective Date.
Gordon Pierce stated that state law requires cities to adopt an annexation plan by
December 31, 1999. Councilmember Tommy Spencer made a motion to approve
Resolution No. 359 - Adopting an Annexation Plan, and providing for an effective date.
Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion
carried.

RESOLUTION NO. 359

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, ADOPTING AN
ANNEXATION PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, during the last session of the Legislature Senate Bill 89, passed by both houses of the
Legislature and signed by the Governor, altered municipal annexation procedures; and

WHEREAS, Section 4 of Senate Bill 89, now codified in part as Section 43.052 of the Texas Local
Government Code provides for the adopting of annexation plans by municipalities across the State of Texas, and;

WHEREAS, an annexation plan is a document that generally outlines the following: parcels of land being considered for annexation in the future; an inventory of existing infrastructure in parcels being considered for annexation; an inventory of property owners who own land in areas being considered for annexation; a service plan for water and wastewater services to areas being considered for annexation; a service plan for
public safety services (police and fire protection and emergency medical services) to areas being considered for annexation; and

WHEREAS, the purpose of an annexation plan is to clearly articulate to City officials, City staff and the public the current intent of the City of Terrell with regard to anticipated annexations, and;

WHEREAS, pursuant to Section 4 of Senate Bill 89, now codified in part as Section 43.052(h) of the Texas Local Government Code, certain areas need not to be included in annexation plans, and;

WHEREAS, Subsection (b) of Section 17 of Senate Bill 89 provides that municipal annexation plans shall be adopted on or before December 31, 1999; and

WHEREAS, the City of Terrell desires to comply with the provisions of Senate Bill 89 and Chapter 43 of the Texas Local Government Code, as amended; and

WHEREAS, the protection of the public health and general welfare of the residents of the City of Terrell requires that any annexations be undertaken pursuant to state law for the orderly growth of the City and the expansion of the boundaries of the City;

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

SECTION I

All of the above premises are hereby found to be true and correct legislative and factual findings of the City of Terrell and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety.

SECTION II

The City Council hereby declares that the City of Terrell, Texas, as of the date of adoption of this Resolution has no plans or any present intent to annex any property that is required by Senate Bill 89 to be included in an annexation plan.

SECTION III

This Resolution shall take effect immediately from and after the date of passage.

PASSED AND APPROVED this 7th day of December, 1999.

22. HEAR REMARKS FROM VISITORS

None were made.
OLD BUSINESS
CONSENT AGENDA

23. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1994 -
BUDGET AMENDMENT
2nd READING

City Manager Gordon Pierce presented to Council for discussion and consideration to
adopt on second reading Ordinance No. 1994 - Budget Amendment on second reading.
Councilmember James Huffman made a motion to adopt Ordinance No. 1994 - Budget
Amendment on second reading. Councilmember Lee Schaeffer seconded the motion.
Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1994

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING
THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1,
1999, AND ENDING SEPTEMBER 30, 2000, AS PASSED AND
ADOPTED ON SEPTEMBER 30, 1999, TO PROVIDE FOR INCREASES
AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

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

SECTION I.

The Utility Fund is amended to reflect the following increases in the budget.

UTILITY FUND BUDGETED AMOUNT
AMENDED
EXPENSE

020-51-4508 Water Plant Improvements $-0- $123,900 $123,900

SECTION II.

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

SECTION III.

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

SECTION IV.

This Ordinance will take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides.

PASSED AND APPROVED ON THIS 2nd DAY OF NOVEMBER, 1999.
PASSED AND ADOPTED ON THIS 7th DAY OF DECEMBER, 1999.

24. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1996 -
SPECIFIC USE PERMIT FOR CONCRETE BATCHING PLANT ON
PROPERTY DESCRIBED AS 17.241 ACRES OF THE R. MEAD SURVEY,
ABSTRACT A-326 AND THE D. DANEWOOD SURVEY, ABSTRACT A-
123
2nd Reading

City Manager Gordon Pierce presented to Council for discussion and consideration to
adopt on second reading Ordinance No. 1996 - Specific Use Permit for Concrete
Batching Plant on Property Described as 17.241 Acres of the R. Mead Survey, Abstract A-326 and the D. Danewood Survey, Abstract A-123 on second reading.
Councilmember Tommy Spencer made a motion to adopt Ordinance No. 1996 - Specific Use Permit for Concrete Batching Plant on Property Described as 17.241 Acres of the R. Mead Survey, Abstract A-326 and the D. Danewood Survey, Abstract A-123 on second reading. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none.
Motion carried.

ORDINANCE NO. 1996

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING
A SPECIFIC USE PERMIT ON PROPERTY DESCRIBED AS 17.241
ACRES OF THE R. MEAD SURVEY, ABSTRACT A-326 AND THE D.
DANEWOOD SURVEY, ABSTRACT A-123 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, held a public hearing at 7:00 p.m. on
Tuesday, November 16, 1999, in the Council Chamber of the City Hall in Terrell, Texas
to consider a request for a Specific Use Permit to locate a concrete batching plant on
property described as 17.241 acres of the R. Mead Survey, Abstract A-326 and the D.
Danewood Survey, Abstract A-123, City of Terrell, Kaufman County, Texas; and

WHEREAS, the City Council has determined the real property is located in a Light
Industrial (LI) 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 subject to certain
stipulations.

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

A Specific Use Permit is granted to locate one (1) concrete batching plant on property
described as 17.241 acres of the R. Mead Survey, Abstract A-326 and the D. Danewood Survey, Abstract A-123, City of Terrell, Kaufman County, Texas, with the following stipulations:

Cleanup of Delphine Project:
1. Remove all old equipment to include all batch plant components.
2. Remove all buildings including the office and all storage units.
3. Remove all concrete reclaimer unit and related ramps and walls.
4. Remove and fill concrete wash pit.
5. Remove stockpile retaining blocks.
6. Remove brush and trees in drainage way from Delphine Street to old rail road.
7. Decrease slope of walls in drainage way from Delphine to old rail road.
8. Grade bottom of drainage way from Delphine to old rail road to prevent ponding
of storm water.
9. Remove brush on south and east property boundaries.
10. Fill and level collection pit in northeast corner of lot south of Delphine plant site.
11. Remove temporary culvert from lot south of Delphine plant site to allow free flow
of storm water.
12. Remove miscellaneous concrete slabs from site except new entry at main gate
totaling approximately 3600 sq. ft.
13. Cover and seed grass on Delphine plant site.

Special Provisions for Pioneer Concrete Relocation Property - As stated in
the Real Estate Contract between Terrell Economic Development
Corporation and Pioneer South Central, Inc.
1. Buyer shall have the right to enter the property for surveying, inspections and for the
purposes as Buyer deems necessary.
2. The contract is contingent upon Buyer obtaining a Specific Use Permit from the City of Terrell for operation of a concrete batching plant on the site.
3. The contract is further contingent upon Buyer closing the existing concrete batch plant on Delphine Street in Terrell, Texas, within ninety (90) days an not to exceed one hundred twenty (120) days of completion of construction of new facility. All improvement shall be removed from the site of the existing concrete batch plant in Terrell including, but not limited to, clearing the site by removing all old equipment, concrete wash pit, stockpile retaining blocks, removing brush along fence line and leveling, covering and grassing the area. Buyer shall remove the fence along the south wise of the concrete batch plant lot on Delphine Street and the drainageway extending from Delphine Street across to the old rail road shall be cleared and reshaped.
4. Buyer shall comply with all TNRCC, EPA, and all other regulatory standards including municipal, state, and federal regulations regarding closure and dismantling of the site on Delphine Street and construction and operation of the new facility.
5. Buyer shall maintain the property on Delphine Street during the period of time it is
owned by the Buyer.
6. Buyer shall have a Phase I site investigation performed on the Delphine Street site at
Buyer's sole cost and expense. If the results of the Phase I investigation require further
action, Buyer shall be responsible for the payment of any and all costs necessary to
comply with any regulatory agency, including the costs of a Phase II site evaluation.
7. Buyer shall deposit the sum of Fifty Thousand Dollars ($50,000) with Seller to be held in escrow in all interest bearing account until such time as Buyer complies with the terms of this contract relating to clean-up and closing of the Delphine Street concrete batch plant site. In the event Buyer fails to comply with any of the provisions of this contract relating to clean up and closure of the Delphine Street plant. Seller shall use such funds deposited in escrow to complete the clean up and closure of the Delphine Street plant. Buyer shall pay any and all costs exceeding such funds in escrow.

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.

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 16th DAY OF NOVEMBER, 1999.
PASSED AND ADOPTED ON THIS 7th DAY OF DECEMBER, 1999.

25. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1990 -
DESIGNATING SEVENTH STREET, BETWEEN JOHNSON AND MAIN
STREETS, FOR ONE-WAY TRAFFIC OPERATIONS
2nd Reading

City Manager Gordon Pierce presented to Council for discussion and consideration to
adopt on second reading Ordinance No. 1990 - Designating Seventh Street, Between
Johnson and Main Streets, for one-way Traffic Operations on second reading.
Councilmember James Huffman made a motion to adopt Ordinance No. 1990 -
Designating Seventh Street, Between Johnson and Main Streets, for one-way Traffic
Operations on second reading. Councilmember Frances Anderson seconded the motion.
Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1990

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS,
DESIGNATING SEVENTH STREET, BETWEEN JOHNSON AND
MAIN STREETS, FOR ONE-WAY TRAFFIC OPERATIONS.

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

SECTION I.

WHEREAS, a request for one-way designation was made by the owner of the majority
of the properties fronting upon Seventh Street between Main Street and Johnson Street;
and

WHEREAS, the owners of all adjacent parcels, based on the latest tax roll, have been
notified of the proposed change and provided an opportunity to raise any concerns
relative to the request, and this body having been apprised of same;

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

THAT, on the first school day following the installation of appropriate traffic control and
guidance devices (and the publication of this ordinance as required by law) motorists are
directed to travel on Seventh Street, one-way, northeastward, from Main Street toward
Johnson Street, between the hours of 7:30 and 9:00 a.m., and 2:00 and 4:00 p.m., on
school days; and

THAT at his earliest convenience, the Director of Public Works is hereby authorized and
directed to install those traffic control devices, in the vicinity of the said one-way streets,
which are deemed necessary and appropriate to advise the motoring public and promote
traffic safety;

SECTION II.

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 III.

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

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 16TH DAY OF NOVEMBER, 1999.
PASSED AND ADOPTED ON THIS 7TH DAY OF DECEMBER, 1999.

26. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE

a) Fred Wales sent a letter to thank Demeter Tolbert for assistance in resolving his
problem.

b) Five of the participants in the Citizens Police Academy sent a letter expressing
their thanks to Ron Jones and those that put on the Academy.

c) Ms. Gayla Chambers sent a letter that indicated she was extremely please with the
service she received from the city.


d) Ms. Barkley with ECS thanked the city for the service provided.

e) City Manager Gordon Pierce discussed the retreat facilities and the agenda with
Council at Tanglewood.

27. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS
GOVERNMENT CODE, SECTION 551.074 - CITY MANAGER ANNUAL
PERFORMANCE EVALUATION

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

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

Councilmember James Huffman made a motion to raise the City Manager's salary
to $82,000.00. Councilmember Lee Schaeffer seconded the motion. Ayes - all;
Nayes - none

No Action was taken on item 28.

30. 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 7, 1999

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