Minutes 

CITY COUNCIL MEETING

FEBRUARY 4, 1997

7:00 P.M.

1.0 ANNOUNCEMENTS AND PUBLIC HEARING

A regular meeting of the City Council was held February 4, 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 ROBERT MESSER

1.1 INVOCATION

Mayor Don L. Lindsey called the meeting to order and Mayor ProTem Robert Messer gave the opening prayer.

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

This award was not presented because the recipient was not present

1.3 CONDUCT A PUBLIC HEARING FOR A SPECIFIC USE PERMIT AT PROPERTY LEGALLY DESCRIBED AS LOT 3D, BLOCK 111, MOORE-NASH ADDITION

Mayor Don L. Lindsey opened the public hearing. Lee Roland of Garland Texas came forth to speak in favor of the permit. Councilmember Frances Anderson expressed opposition because of residents living in the area and unhealthy conditions. No one present to speak against. A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to close the hearing. Ayes all; Nayes none. Motion carried.

2.0 MINUTES

2.1 CONSIDER APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING HELD JANUARY 21, 1997

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to approve minutes of January 21, 1997. Ayes all; Nayes none. Motion carried.

3.0 BIDS

3.1 CONSIDER BIDS AND AWARD OF CONTRACT FOR MAINTENANCE OF WATER AND SEWER FITTINGS, PIPE, ACCESSORIES

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Robert Messer to accept all bids and orders be made according to the four low bidders; U.S. Filter, Industrial International, East Texas Utility, and Unique Chemical. Ayes all; Nayes none. Motion carried.

CITY COUNCIL MINUTES
FEBRUARY 4, 1997
PAGE 2

CITY OF TERRELL
MAINT. WATER & SEWER MAINT. FITTINGS, PIPE & ACCESSORIES
BID NO. 9697 - OPENING AT 2:00 PM, JANUARY 7, 1997

3.2 CONSIDER PROPOSALS AND AWARD OF CONTRACT FOR POSITION CLASSIFICATION AND PAY PLAN

Concerns were expressed by Councilmember Tommy Spencer. A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Jack Jones to award the Proposal for Position Classification and Pay Plan to Ralph Anderson & Associates. Ayes all; Nayes none. Motion carried.

3.3 CONSIDER PROPOSAL AND AWARD OF CONTRACT FOR ROOF SYSTEM CONSULTING

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to enter into an agreement for services for the Terrell Public Library and Terrell Municipal Airport. Ayes all; Nayes none. Motion carried.

4.0 ROUTINE BUSINESS

none

5.0 OLD BUSINESS

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FEBRUARY 4, 1997
PAGE 3

5.1 CONSIDER ADOPTION OF ORDINANCE NO. 1863 - ELECTION OF CITY OFFICERS

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to approve on second reading the following Ordinance No. 1863. Ayes all; Nayes none. Motion carried.
ORDINANCE #1863

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CALLING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF TERRELL, TEXAS FOR THE ELECTION OF COUNCILMEMBER FROM DISTRICT NO. 3 AND DISTRICT NO. 5 TO BE HELD ON SATURDAY, MAY 3, 1997.

WHEREAS, the terms of office of Councilmember No. Three and Councilmember No. Five will expire at the conclusion of two years in office, as provided by an amendment to the Charter of the City of Terrell, Texas, as adopted on July 12, 1983; and

WHEREAS, the first Saturday in May is the date set for the regular election of Mayor and Councilmembers; and

WHEREAS, authority is vested in the Mayor of the City of Terrell to call said regular election and to appoint election officials to conduct said election;

NOW, THEREFORE BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF TERRELL, TEXAS that:

An election to be held on the 3rd day of May, 1997 for the purpose of:

Electing Councilmembers from District No. Three and District No. Five.

A. Councilmember No. Three so elected shall be a resident of District No. Three and shall be elected by the vote of qualified voters of the City of Terrell, Texas residing in District No. Three and shall serve a term of two years.

B. Councilmember No. Five so elected shall be a resident of District No. Five and shall be elected by the vote of the qualified voters of the City of Terrell, Texas residing in District No. Five and shall serve a term of two years.

II.

Punch card ballots shall be used for said election which ballots shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "for" the candidate of the following offices which shall be set forth in substantially the following form:

In District No. 3
Councilmember..............................................(Name of Candidates)

In District No. 5
Councilmember..............................................(Name of Candidates)

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FEBRUARY 4, 1997
PAGE 4

There shall be two (2) election precincts for the conduct of this election, and the following locations are designated as polling places within the respective precincts:

District No. 3 Terrell Fire Station #23
225 Baker Street
Terrell, Texas 75160

District No. 5 Missionary Baptist Church
Poetry Road
Terrell, Texas 75160

On Election Day, the polls shall open at 7:00 A.M. and shall close at 7:00 P.M.

That the following persons are hereby appointed officers of the election in their respective precincts:

District No. 3 - Helen Sanders Presiding Judge
Ruby Brewster Alternate Judge

District No. 5 - Hollis W. Hindman Presiding Judge
Mrs. James Maxwell Alternate Judge
Mrs. Ruth Matejka Alternate Judge

A copy of this ordinance shall be delivered to the presiding judges for Districts 3 and 5 by the City Secretary not later than 20 days from this date, together with a current description of the election precincts as approved by the Terrell City Council.

Each presiding judge shall appoint not less than two nor more than four qualified clerks to serve and assist in the holding of said election, provided that if the presiding judge herein appointed actually serves, that the alternate presiding judge shall be a clerk. Each official shall be compensated at the rate of $5.00 per hour, not to exceed a total of 15 hours. Each presiding judge shall receive addition compensation in the amount of $25.00 for delivering the returns to the Central Counting Station. Each presiding judge shall attempt to appoint at least one official fluent in both the English and Spanish language.

All qualified electors residing in Districts 3 and 5 of the City of Terrell shall be permitted to vote at said election. This election shall be held and conducted in accordance with the Texas Election Code, enacted in 1985. All election materials and proceedings shall be printed in both English and Spanish.

Early voting shall be conducted at the office of the City Secretary in the Terrell City Hall located at 201 East Nash Street, whose mailing address is P.O. Box 310, Terrell, Texas 75160. The City Secretary is appointed as Early Voting Clerk, to serve without additional compensation. Applications for early voting by mail shall be taken between March 4, 1997, and April 25, 1997. Early voting by personal appearance shall commence on April 14, 1997, and conclude on April 29, 1997, on weekdays during regular business hours of the office of the City Secretary.

The Terrell Municipal Building located at 201 East Nash Street, Terrell, Texas, is hereby designated as the Central Counting Station.

Ruth Matejka is appointed Presiding Judge of the Central Counting Station.

Ed Lynch is appointed Early Voting Ballot Board Judge.

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FEBRUARY 4, 1997
PAGE 5

John Rounsavall is appointed as Tabulation Supervisor of the Central Counting Station and shall be entitled to compensation in an amount determined by the Terrell City Council.

The Early Voting Ballot Board Judge will deliver the early voted ballots to the Central Counting Station Judge at 5:00 P.M. Tabulating of voted ballots will start at 7:00 P.M.

Persons wishing to file as candidate for City Councilmembers from Districts 3 and 5 shall file a sworn application for a place on the ballot with the City Secretary beginning January 17, 1997, and no later than 5:00 P.M. on March 19, 1997, and must meet the requirements to serve as a councilmember, as set forth in the City of Terrell Charter and Code of Ordinances. A substantive copy of this ordinance shall serve as proper notice of the calling of said election. Said notice, including a Spanish translation hereof, shall be posted in a public place in each election precinct of the City and on the bulletin board used for the posting of meetings of the City Council of the City of Terrell at least 21 days prior to the date of the election by the City Secretary or his designee, who shall make a record at the time of posting stating the date and place of posting to be preserved for the period of preserving precinct election records.

PASSED AND APPROVED on this 21st day of January, 1997.

PASSED AND ADOPTED on this 4th day of February, 1997.

APPROVED:

__________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_______________________________________
BOBBY BISHOP, CITY SECRETARY

APPROVED AS TO FORM:

_______________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

5.2 CONSIDER ADOPTION OF ORDINANCE NO. 1864 - AMENDING CLASSIFIED POSITION - POLICE DEPARTMENT

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to approve on second the following Ordinance No. 1864. Ayes all; Nayes none. Motion carried.

CITY COUNCIL MINUTES
FEBRUARY 4, 1997
PAGE 6

ORDINANCE NO. 1864

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 9, SECTION 9B, (2) CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT 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:

THAT Chapter 9, Section 9B (2) Classified Positions 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 9B (2)

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

NUMBER OF BASE
CLASSIFICATION POSITIONS MONTHLY
SALARY
Patrol Officer 26 $1926.00
Each police officer as classified herein has civil service protection. A classified position may be filled only from an eligibility list that results from examination held in accordance with Chapter 143 of the Texas Local Government Code.

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 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.
SECTION IV.

PASSED AND APPROVED on first reading this 21st day of January, 1997.
PASSED AND ADOPTED on second reading this 4th day of February, 1997.

APPROVED:
_______________________________
DON L. LINDSEY, MAYOR

ATTEST:
_______________________________________
BOBBY BISHOP, CITY SECRETARY

APPROVED AS TO FORM:
_______________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

CITY COUNCIL MINUTES
FEBRUARY 4, 1997
PAGE 7

5.3 CONSIDER ADOPTION OF ORDINANCE NO. 1865 - AMENDING 1996-97 BUDGET

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to approve on second reading the following Ordinance No. 1865. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1865

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 changes in the budget:

REVENUES
010-00-3814 OTHER-GRANTS $41,000.00
010-00-3819 LAW ENFORCEMENT BLK GRANT 29,125.00

EXPENDITURES
010-32-4103 LABOR $984,662.00
010-32-4110 SOCIAL SECURITY 97,570.00
010-32-4111 T.M.R.S. 136,968.00
010-32-4112 WORKMEN'S COMP 79,510.00
010-32-4114 GROUP HEALTH & DENTAL INSURANCE 87,941.00
010-33-4418 TRAVEL/EDUCATION 7,500.00
010-33-4509 TRUCK INTERCOM 3,000.00
010-33-4510 ICEMAKER - FIRE STA #1 2,700.00
010-33-4514 HOSE RACK - STA #2 1,500.00
010-33-4516 COMPUTERS (2) 6,000.00
010-33-4517 NEW EQUIPMENT FOR VEHICLES 5,800.00

SECTION II.

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

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FEBRUARY 4, 1997
PAGE 8

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 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.

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 21st day of January, 1997

PASSED AND ADOPTED on this 4th day of February, 1997.

APPROVED:

________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_______________________________________
BOBBY BISHOP, CITY SECRETARY

APPROVED AS TO FORM:

_______________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

5.4 CONSIDER ADOPTION OF ORDINANCE NO. 1866 - AMENDING SIGN ORDINANCE

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to approve on second reading the following Ordinance No. 1866. Ayes all; Nayes none. Motion carried.

CITY COUNCIL MINUTES
FEBRUARY 4, 1997
PAGE 9

ORDINANCE NO. 1866

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 I, DEFINITIONS; SECTION II, SIGNS IN GENERAL; SECTION III, CLASS I - WALL SIGNS; SECTION V - AWNINGS; SECTION VII - AREAS INSIDE THE CITY OF TERRELL BUT OUTSIDE THE C.B.D.; SECTION VIII - SIGNS IN GENERAL ; SECTION IX. AREAS ALONG I-20, SPUR 557, S.H. 80 WEST OF S.H. 148/ EAST OF S. H. 429; SECTION XI. REMOVING OBSOLETE SIGNS; SECTION XII: SIGNS; SECTION XIII. ENFORCEMENT; PROVIDING FOR 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 I: REGULATIONS OF SIGNS, AWNINGS, AND BANNERS

DEFINITIONS

Add subparagraph E under Paragraph (F) PORTABLE SIGN and add Paragraph (O) WALL SIGN and (P) TRASH RECEPTACLE SIGNS as follows:

(F) PORTABLE SIGNS

E. A portable sign cannot be altered to become a permanent sign.

(O) WALL SIGN - Any structure directly or indirectly affixed upon the wall of any building or structure which is used to inform the public of any object, product, service, place, activity and/or organization or business, and is visible from the public R.O.W.

(P) TRASH RECEPTACLE SIGNS - This term refers to those signs which are publicly owned and/or sponsored .

SECTION II. SIGNS IN GENERAL
Amend Paragraph (A) Application - 1, Subparagraph (1) Permitted Uses to read as follows:

(1) Permitted Uses - Only three (3) classes of signs (other than traffic control signs) will be permitted in the C.B.D.

Class I - Wall Sign
Class II - Marquee Sign
Class III Trash Receptacle Signs which are publicly owned/sponsored

SECTION III. CLASS I - WALL SIGNS

DELETE PARAGRAPH (F) ILLUMINATION IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

Zone II, "On Premise" signs may be illuminated internally through the use of fluorescent or neon tubes, or externally through the use of gooseneck reflectors and lights, provided that such reflectors are provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. All electrical signs shall have an underwriters Laboratory listed marker on the sign.

SECTION V.: AWNINGS
Delete Paragraphs (C) RATIOS; (D) PROJECTION; (E) THICKNESS AND (F) COLOR in their entirety and replace with the following:
(C) RATIOS Awnings should be at an appropriate scale to the building size. They shall not extend above the roof-line of any single story structure or above the tope of the second floor of any multi-story structure at the awnings highest point. They shall not completely obstruct any windows on the building. Nor shall they extend more than four (4) feet (15 feet) from the building face.

CITY COUNCIL MINUTES
FEBRUARY 4, 1997
PAGE 10

(D) PROJECTION - Since awning must extend beyond the building facade, a reasonable amount projection will be allowed. However, no awning shall be erected which extends more than four (4) beyond the building surface. A separation of at least two (2) feet must also be maintained between the outer edge of the awning and the nearest utility pole, light standard, traffic control sign or curbline. Where is sidewalk is less than eight (8) feet wide, the 2-foot separation rule shall apply. The inner edge of the awning must be flush with the surface of the building and the awning sides must be a 90-degree angle with respect to the building facade.

(E) THICKNESS - Awnings must provide necessary room for structural and electrical considerations. No awning should be more than four (4) foot thick.

(F) COLOR - A mix of colors is recommended, but not more than three (3) colors per facade (logo excluded).. Awnings must maintain a consistent color scheme for each business. Colors must also be appropriate for building color, neighboring awnings and buildings, and any associated signs. Mirrors, or other highly polished/reflective materials shall not be permitted.

SECTION VII.: AREAS INSIDE THE CITY OF TERRELL, BUT OUTSIDE THE C.B.D.

Change Paragraph (1) BILL BOARD, AND OFF PREMISE SIGN REQUIREMENTS -

Delete Illumination in its entirety and replace with the following:

Illumination - Zone II, "On Premise" signs may be illuminated internally through the use of fluorescent or neon tubes, or externally through the use of gooseneck reflectors and lights, provided that such reflectors are provided with proper glass
lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. All electrical signs shall have an underwriters Laboratory listed marker on the sign. Change Paragraph (2) ON PREMISE SIGN REQUIREMENTS as follows:

Add paragraph:
Including monument, wall, shopping center signs and murals.

Add paragraph:
Free Standing Sign Only:

Add paragraph:
Wall Sign: - Wall signs on buildings shall be no more than 30% of the wall area, and reduced to 17% of wall area when accompanied by a free standing sign.

Construction - Signs must be of a single or double pole, engineered steel nature.

Illumination - Zone II, "On Premise" signs may be illuminated internally through the use of florescent or neon tubes, or externally through the use of gooseneck reflectors and lights, provided that such reflectors are provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. All electrical signs shall have an underwriters Laboratory listed marker on the sign.

Delete Paragraph (3) in its entirety and replace with the following:

(3) A monument sign will start at the finish grade and rise to a height of no more than 8' with coverage of no more than 30% of the wall area.

SECTION VIII. SIGNS IN GENERAL

Add Paragraphs (D) SHOPPING CENTER SIGNS and (E) TEMPORARY SIGNS

(D) SHOPPING CENTER SIGNS - Any business which has more than one (1) legally recognizable business will be able to attach to the (1) "on premise" sign more than one (1) sign which each business can attach meeting the requirements of the surface area per linear foot of building frontage.

(E) TEMPORARY SIGNS -A "temporary sign" is a sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight, inflatable, outside display of merchandise or similar device which is to be displayed for a limited period of time. At the end of such period of time, such sign shall be removed. Temporary signs shall include, but shall not be limited to: banners, flags, pennants, searchlights, vehicle mounted signs, construction signs, development signs, ground signs, inflatable signs, model home signs, strobe lights, garage sale signs, and outdoor display of merchandise..Temporary signs can only be erected in any Zone II and III area and can be of wood materials, but cannot exceed 64 square feet, and can only be in place for no longer than 90 days.

CITY COUNCIL MINUTES
FEBRUARY 4, 1997
PAGE 11

SECTION IX: AREAS ALONG INTERSTATE 20, SPUR 557, STATE HIGHWAY 80 - WEST OF STATE HIGHWAY 148/EAST OF STATE HIGHWAY 429

Delete Paragraph (D) ILLUMINATION in its entirety and replace with the following:

Illumination - Zone III "On Premise" signs may be illuminated internally through the use of florescent or neon tubes, or externally through the use of gooseneck reflectors and lights, provided that such reflectors are provided with proper glass
lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. All electrical signs shall have an underwriters Laboratory listed marker on the sign.

SECTION XI: REMOVING OBSOLETE SIGNS
Delete Paragraph (B) in its entirety.

SECTION XIII: ENFORCEMENT

ADD PARAGRAPH (B) NOTICE TO ALTER OR REMOVE SIGNS.

(B) Notice to Alter or Remove Signs:

1. Any sign which is found to be in violation of these Sign Regulations may be removed by the Building Official after notification is given as provided herein. The notice shall:
(a) Be personally delivered or sent by Certified Mail, Return Receipt Requested.

(b) Describe the nature of the violation.

(c) Order the correction of the violation within a specified time which shall not be less than thirty (30) days from receipt of the notice; and

(d) Give notice that the Building Official may remove and impound the unlawful sign at the owner's expense if the violation is not corrected within the time specified in the notice.

2. If the person or business ordered to correct the violation fails to do so within the time specified, the Building Official may remove or cause removal of the unlawful sign; provided, however, that the person aggrieved by said notice or order may file an appeal with the following:

ZONE I, II, III - Central Business District Advisory Board

This shall be done in accordance with the provisions applicable for other appeals if timely filed. The procedures applicable to other appeals shall be followed and the order of the Building Official shall be stayed in accordance thereof, pending the final determination of the appropriate Board.

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.

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.

CITY COUNCIL MINUTES
FEBRUARY 4, 1997
PAGE 12

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 21st day of January, 1997.
PASSED AND ADOPTED on final reading this the 4th day of February, 1997, 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

6.0 NEW BUSINESS

6.1 CONSIDER APPROVAL OF ORDINANCE NO. 1867 - SPECIFIC USE PERMIT

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to approve on first reading the following Ordinance No. 1867. Ayes - Robert Messer, Jack Jones, Don L. Lindsey. Against - Frances Anderson and Tommy Spencer. Motion carried.

ORDINANCE NO. 1867

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT ON PROPERTY LEGALLY DESCRIBED AS LOT 3D, BLOCK 111, MOORE-NASH (908 S. VIRGINIA), OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

CITY COUNCIL MINUTES
FEBRUARY 4, 1997
PAGE 13

6.2 CONSIDER RESALE OF PROPERTY LEGALLY DESCRIBED AS TERRELL REVISED, BLOCK 521, LOTS PT. 2A&3B

A motion was made by Councilmember Frances Anderson and seconded by Councilmember Jack Jones to approve the resale of Lots 2A&3B, Block 521, Terrell Revised. Ayes all; Nayes none. Motion carried.

6.3 CONSIDER APPROVAL OF TEXAS DEPARTMENT OF PUBLIC SAFETY INTERLOCAL COOPERATION CONTRACT

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Tommy Spencer to approve Interlocal Cooperation Contract with Texas Department of Public Safety. Ayes all; Nayes none. Motion carried.

6.4 CONSIDER AUTHORIZATION OF ADVERTISEMENT FOR BIDS FOR DEMOLITION OF STRUCTURE LOCATED AT 317 W. MOORE AVE.

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Tommy Spencer to advertise for bids for demolition of property located on 317 W. Moore. Ayes all; Nayes none. Motion carried.

6.5 CONSIDER ADOPTION OF RESOLUTION NO. 299 - KINGS CREEK BRIDGE

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to adopt Resolution No. 299. Ayes all; Nayes none. Motion carried.

RESOLUTION #299

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, REQUESTING THE TEXAS DEPARTMENT OF TRANSPORTATION TO BE COGNIZANT OF A DANGEROUS TRAFFIC SITUATION AND TAKE APPROPRIATE ACTION.

WHEREAS, two adults and two children lost their lives from the result of head-on collision on S.H. 34 North at Kings Creek Bridge on December 22, 1996; and

WHEREAS, in the past few years a large number of people have lost their lives or been severely injured in accidents at this site; and

WHEREAS, in our opinion, the design of the road coupled with the 70 MPH speed limit is a major contributing factor in this accident prone area; and

WHEREAS, the Texas Department of Transportation is well award of this death trap; and

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

CITY COUNCIL MINUTES
FEBRUARY 4, 1997
PAGE 14

THAT this governing body sends a plea to the Texas Department of Transportation to take immediate corrective action at this site before more lives are needlessly taken.

PASSED AND APPROVED this the 4th day of February, 1997.

_____________________________
DON L. LINDSEY, MAYOR

ATTEST:

__________________________________
BOBBY BISHOP, CITY SECRETARY

7.0 DISCUSSION ITEMS

None

8.0 EXECUTIVE SESSION

None

9.0 HEAR REMARKS FROM VISITORS

None

10.0 ADJOURNMENT

There were no other matter discussed or acted on at this meeting.
There being no further business, the meeting was adjourned.

________________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_____________________________________
BOBBY BISHOP, CITY SECRETARY

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