Minutes 

CITY COUNCIL MEETING

MARCH 2, 1999

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, March 2, 1999 in the Council Chambers at 201 East Nash Street, Terrell, Texas with the following members present:

COUNCILMEMBER #1 HENRY C. MADGWICK, SR.
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Henry C. Madgwick, Sr. called the meeting to order.

2. INVOCATION

Councilmember Lee Schaeffer gave the opening prayer.

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

Councilmember James Huffman made a motion to approve the minutes of the City Council regular meeting held February 16, 1999. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

4. DISCUSS AND CONSIDER TOWN NORTH DEVELOPMENT AND EXCHANGE OF LAND

City Manager Gordon Pierce presented to Council for discussion and consideration Town North Development and exchange of land. City Attorney Mary Gayle Ramsey and City Manager Gordon Pierce identified the key points of the contract for Council. Councilmember Lee Schaeffer recommended the following amendment on the last line of page 1 - change "wish to" to "shall". Councilmember Lee Schaeffer made a motion to approve with amendment the agreement for Town North Development and exchange of land. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

5. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1958 - CERTIFICATES OF OBLIGATION
1ST READING

City Manager Gordon Pierce presented to Council for discussion and consideration of approval of the first reading of Ordinance No. 1958 - Certificates of Obligation. Douglas Hartman with 1st Southwest presented bid award and bond rating to the Council. Councilmember James Huffman made a motion to approve bid of Morgan Stanley Dean Witter and American National Bank of Texas for the City of Terrell, Texas Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999 at a true interest cost of 4.6054%. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

Councilmember Frances Anderson made a motion to approve Ordinance No. 1958 - Certificates of Obligation on first reading. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1958

AN ORDINANCE authorizing the issuance of "CITY OF TERRELL, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date.

6. DISCUSS AND CONSIDER RELEASE OF LIENS FOR 907 EAST BRIN (MOORE-NASH, BLOCK 147, LOT 2B)

City Manager Gordon Pierce presented to Council for discussion and consideration release of liens for 907 East Brin (Moore-Nash, Block 147, Lot 2B). Mr. James Fountain came before Council and presented his intent to build a modular home on the property. Councilmember Frances Anderson questioned the use of modular homes. Mr. Fountain explained that all homes meet Southern Building Code and are approved by the State of Texas.

Councilmember James Huffman made a motion to approve release of liens for 907 East Brin with a payment of $1,711.09 and a building permit obtained within ninety (90) days with completion of the home in twelve (12) months. Council authorized City Staff to reimburse the $1,711.09 upon completion. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried.

7. DISCUSS AND CONSIDER FORFEITURE OF PROPERTY - 405 BETHLEHEM (BREEZY HILL ADDITION, BLOCK E, LOT 112)

City Manager Gordon Pierce presented to Council for discussion and consideration forfeiture of property - 405 Bethlehem (Breezy Hill Addition, Block E, Lot 112). Councilmember Lee Schaeffer made a motion to authorize City Manager to draft a letter to the United States Attorney to use property for affordable housing. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

8. DISCUSS AND CONSIDER REQUEST FOR FRANCHISE AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE
1ST READING

City Manager Gordon Pierce presented to Council for discussion and consideration request for franchise agreement with Southwestern Bell Telephone. Councilmember Frances Anderson made a motion to approve on first reading the request for franchise agreement with Southwestern Bell Telephone with fee increases and decreases of:

563 prefix of $.35 +
524 prefix - 82 +
L Bus 84 +
E Bus / 35 -

The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1963

AN ORDINANCE GOVERNING USE AND OCCUPANCY OF THE CITY'S RIGHTS-OF-WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES, INCLUDING THE ESTABLISHMENT OF COMPENSATION FOR THAT USE AND OCCUPANCY.

9. DISCUSS AND CONSIDER PARTICIPATION IN COUNTY WIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION

City Manager Gordon Pierce presented to Council for discussion and consideration participation in County Wide Household Hazardous Waste Collection. Councilmember Lee Schaeffer made a motion to sponsor fifteen barrels at $250.00 each. Councilmember Tommy Spencer seconded by motion. Ayes - all; Nayes - none. Motion carrried.

10. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1954 - BUDGET AMENDMENT
1ST READING

City Manager Gordon Pierce presented Ordinance No. 1954 - Budget Amendment to Council for discussion and consideration. Councilmember Tommy Spencer made a motion to approve Ordinance No. 1954 - Budget Amendment on first reading. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1954

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999, AS PASSED AND ADOPTED ON SEPTEMBER 10, 1998, TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

11. DISCUSS AND CONSIDER PUBLIC HEARING SCHEDULE FOR ORDINANCE NO. 1957 - NEW AND UNLISTED USES

City Manager Gordon Pierce presented to Council for discussion and consideration public hearing schedule for Ordinance No. 1957 - New and Unlisted Uses. Councilmember Lee Schaeffer made a motion to schedule the public hearing on April 6, 1999. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

12. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1961 - ELECTION ORDINANCE
1ST READING

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 1961 - Election Ordinance. Councilmember Lee Schaeffer made a motion to approve Ordinance No. 1961 - Election Ordinance on first reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE #1961

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 1, 1999.

13. DISCUSS AND CONSIDER APPROVAL OF CHANGE ORDER NO. 2 - STREET MAINTENANCE/IMPROVEMENT PROGRAM

City Manager Gordon Pierce presented to Council for discussion and consideration Change Order No. 2 - Street Maintenance/Improvement Program. Councilmember James Huffman made a motion to approve Change Order No. 2 - Street Maintenance/Improvement Program. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

14. DISCUSS AND CONSIDER APPROVAL OF CHANGE ORDER NO. 1 - TERRELL ECONOMIC DEVELOPMENT CORPORATION RAILROAD EXTENSION TO GOODYEAR

City Manager Gordon Pierce presented to Council for discussion and consideration Change Order No. 1 - Terrell Economic Development Corporation Railroad Extension to Goodyear. Councilmember James Huffman expressed his concern over approving something Terrell Economic Development Corporation has not heard yet. Councilmember Lee Schaeffer made a motion to approve Change Order No. 1 - Terrell Economic Development Corporation Railroad Extension to Goodyear. The motion was seconded by Councilmember Frances Anderson. Ayes - Lee Schaeffer, Frances Anderson, and Henry Madgwick. No vote - James Huffman and Tommy Spencer. Motion carried.

15. DISCUSS AND CONSIDER AMENDMENT TO AGREEMENT WITH HDR ENGINEERING REGARDING DISINFECTION SYSTEM CONVERSION AT WASTEWATER TREATMENT PLANT

City Manager Gordon Pierce presented to Council for discussion and consideration amendment to agreement with HDR Engineering regarding Disinfection System Conversion at Wastewater Treatment Plant. Councilmember James Huffman made a motion to approve amendment to agreement with HDR Engineering regarding Disinfection System Conversion at Wastewater Treatment Plant. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

16. DISCUSS AND CONSIDER BID AND AWARD OF CONTRACT FOR TRACTOR WITH CAB AND RIGID TANDEM DISK PLOW

City Manager Gordon Pierce presented to Council for discussion and consideration bid and award for contract for tractor with cab and rigid tandem disk plow. Councilmember Lee Schaeffer made a motion to reject and re-bid tractor with cab and rigid tandem disk plow. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

17. HEAR REMARKS FROM VISITORS

CONSENT AGENDA

Councilmember James Huffman made a motion to approve Ordinance No. 1951, Ordinance No. 1955, and Ordinance No. 1956 on consent agenda - 2nd reading. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

18. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1951 - RESIDENTIAL BUILDING INCENTIVES

ORDINANCE NO. 1951

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, TO PROVIDE FOR PARTICIPATING AID BY THE CITY OF TERRELL IN THE COST OF DEVELOPMENT OF RESIDENTIAL SUBDIVISIONS WITHIN THE CORPORATE LIMITS OF THE CITY OF TERRELL; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE.

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

SECTION I.

The Annual Budget of the City of Terrell shall reflect the designation of $35,000.00 to be taken from the general fund of the City of Terrell to be used for the funding of improvements necessary in development of new residential subdivisions within the corporate limits of the City of Terrell.

SECTION II.

The City of Terrell may elect to reimburse residential developers of property located within the City of Terrell for a portion of the cost of improvements necessary for development of new residential subdivisions in the City of Terrell through a program of participating aid. The capital outlay for all improvements shall be financed by the developer and any participating aid funded by the City of Terrell shall be in the form of reimbursement if such participating funds are available.

Any reimbursement for residential developments to be made by the City of Terrell shall be at a rate of $67.50 per front foot of lot for building, constructing and erecting of water lines, sewer lines, drainage structures and streets meeting the requirements of the subdivision ordinances of the City of Terrell.

The City of Terrell will reimburse residential developers, in the form of participating aid, at a rate of $42.00 per front foot of street frontage based upon platted lot size, for the construction, completion and acceptance by the City of Terrell of street and drainage improvements only in residential subdivisions located within the corporate limits of the City of Terrell.

The developer shall only qualify for reimbursement for a proportionate part of the laying, building, constructing or erecting of water lines, sewer lines, drainage structures or streets in any residential subdivision consisting of a minimum of ten (10) residential lots, but not exceeding thirty (30) residential lots, suitable for construction of residential dwellings.

Any reimbursement to be made by the City of Terrell shall be paid to the developer at the time the residential structure is completed, all state, federal and local requirements are met and the City of Terrell issues a Certificate of Occupancy. The developer shall apply for the incentive funds no later than 30 days after issuance of the Certificate of Occupancy.

SECTION III.

Upon final approval and acceptance of subdivision improvements by the Terrell City Council, the City of Terrell and the developer shall enter into a development escrow agreement. The City of Terrell agrees to hold in escrow funds for the development incentive for a period of twenty-four (24 ) months from the date of acceptance of subdivision improvements by the City of Terrell. If homes are not completed within twenty-four (24) months from subdivision acceptance, as evidenced by issuance of a certificate of occupancy, incentive funds will no longer be available for the specific development that had funds placed in escrow

SECTION IV.

The City Council of the City of Terrell shall have the right to cease to offer participating aid in the form of reimbursement to developers for improvements, including but not limited to, the laying, building, construction or erection of any water line, sewer line, drainage structure, street or parking lot to any new residential subdivision project located within the corporate limits of the City of Terrell, at any time it shall deem appropriate.

SECTION V.

This Ordinance is subject to annual renewal and allocation of funds.

SECTION VI.

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 VII.

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

SECTION VIII.

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 FEBRUARY, 1999.
PASSED AND ADOPTED ON THIS 2ND DAY OF MARCH, 1999.

19. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1955 - FARM TO MARKET 148 GAS PIPELINE RELOCATION BUDGET AMENDMENT

ORDINANCE NO. 1955

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999, AS PASSED AND ADOPTED ON SEPTEMBER 10, 1998, 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 General Fund Budget is amended to reflect the following increases in the budget:

GENERAL FUND BUDGETED AMENDED TO

1) 010-22-4505 FM148 Gas pipeline relocation $0.00 $11,228.49

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 16TH DAY OF FEBRUARY, 1999.
PASSED AND ADOPTED ON THIS 2ND DAY OF MARCH, 1999.

20. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1956 - PAULINE ALLEN GILL FOUNDATION BUDGET AMENDMENT

ORDINANCE NO. 1956

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999, AS PASSED AND ADOPTED ON SEPTEMBER 10, 1998, 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 General Fund Budget is amended to reflect the following increases in the budget:

GENERAL FUND BUDGETED AMENDED

1) 010-00-3827 PAULINE ALLEN GILL FOUNDATION $0.00 $106,000.00

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 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 16th DAY OF FEBRUARY, 1999.
PASSED AND ADOPTED ON THIS 2ND DAY OF MARCH, 1999.

21. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE

City Manager Gordon Pierce presented his report and correspondence to Council.

22. 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
March 2, 1999

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