REGULAR CITY COUNCIL MEETING
MARCH 20, 2001
5:30 P.M.
A regular meeting of the Terrell City Council was held on Tuesday, March 20, 2001 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 C. Madgwick called the meeting to order.
2. INVOCATION
Reverend Lonnie Harris gave the opening prayer.
3. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF MARCH 6, 2001
Councilmember James Huffman made a motion to approve the City Council Regular Meeting Minutes of March 6, 2001. The motion was seconded by Councilmember Frances Anderson. Ayes – all; Nayes – none. Motion carried.
4. DISCUSS AND CONSIDER REQUEST BY TXU ELECTRIC AND GAS FOR RATE CHANGE WITHIN THE CITY OF TERRELL
Charles Hill representing TXU Electric and Gas presented to Council for discussion and consideration Request by TXU Electric and Gas for Rate Change within the City of Terrell. Councilmember James Huffman made a motion to table Request by TXU Electric and Gas for Rate Change within the City of Terrell to the April 3, 2001 Council meeting. The motion was seconded by Councilmember Frances Anderson. Ayes – all; Nayes – none. Motion carried.
5. DISCUSS PETITION TO INCREASE SALARIES OF MEMBERS OF THE TERRELL POLICE DEPARTMENT
John Rounsavall, City Secretary, presented to Council for discussion an Amended Petition to Increase Salaries of Members of the Terrell Police Department. There was no action taken.
“On March 9, 2001, Patrick Dewberry submitted the amended Referendum Petition as one (1) instrument containing 144 pages in its entirety to the City Secretary’s Office at 3:10 p.m. I have re-examined the Petition and have determined the following:
Qualified voters from District 2 = 32 Qualified voters from District 4 = 136
Qualified voters from District 3 = 58 Qualified voters from District 5 = 288
Total = 514
Each paper of the petition has a proper statement of the circulator and is signed by a sufficient number of qualified voters
These findings have been presented to the City Attorney’s Office for review and the City Attorney concurs.”
6. DISCUSS AND CONSIDER PETITION TO INCREASE SALARIES OF MEMBERS OF THE TERRELL POLICE DEPARTMENT AND CONSIDER CALLING AN ELECTION
Mary Gayle Ramsey City Attorney presented to the City Council for discussion and consideration a petition to increase salaries of members of the Terrell Police Department and consider calling an election. The Council may choose to adopt the proposed minimum salaries as stated in the petition, The Council can offer an alternative minimum salary, by conferring with the committee of petitioners as designated in the petition. The third alternative would be for the Council to call an election. If the Council chooses to call an election the election must be held in accordance with Section 41 of the Election Code on the next uniform election date. There are four uniform election dates set forth in the Code. January, May 5th, 2001, August 11th, 2001 and November 6th , 2001. The next uniform election date would be August 11th, 2001. Mayor Pro tem Lee Schaeffer made a motion to table calling an election and offer an alternative minimum salary proposal and negotiate with the Committee Petitioners. The motion was seconded by Councilmember Tommy Spencer. Ayes – all; Nayes – none. Motion carried.
7. DISCUSS AND CONSIDER TERRELL TOURISM BOARD RECOMMENDATION TO APPROVE A REVISED BUDGET PROPOSED FROM THE TERRELL ALLIANCE FOR EDUCATION AND THE ARTS
Laura Wolfe and Mike Chitty presented to Council for discussion and consideration Terrell Tourism Board Recommendation to Approve a Revised Budget Proposed from the Terrell Alliance for Education and the Arts for an additional $2,500.00. Councilmember Frances Anderson made a motion to approve a revised budget proposed from the Terrell Alliance for Education and the Arts amending the budget to $14,500.00. The motion was seconded by Councilmember James Huffman. Ayes – all; Nayes – none. Motion carried.
8. DISCUSS AND CONSIDER PLANNING AND ZONING COMMISSION RECOMMENDATION TO APPROVE THE REPLAT OF LOTS 1-14, 15R, 16R, BLOCK M; LOTS 1-15, BLOCK N; LOTS 1-13, BLOCK P; AND LOT 29R, BLOCK L OF THE KINGS CREEK ESTATES, TERRELL, TEXAS
Tom Norton and Will Cole, Director of Municipal Development, presented to Council for discussion and consideration Planning and Zoning Commission Recommendation to Approve the Replat of Lots 1-14, 15R, 16R, Block M; Lots 1-15, Block N; Lots 1-13, Block P; and Lot 29R, Block L of the Kings Creek Estates, Terrell, Texas. Councilmember Frances Anderson made a motion to approve Planning and Zoning Commission Recommendation to Approve the Replat of Lots 1-14, 15R, 16R, Block M; Lots 1-15, Block N; Lots 1-13, Block P; and Lot 29R, Block L of the Kings Creek Estates, Terrell, Texas. The motion was seconded by Councilmember James Huffman. Ayes – all; Nayes – none. Motion carried.
9. DISCUSS AND CONSIDER PLANNING AND ZONING COMMISSION RECOMMENDATION TO APPROVE REPLAT OF LOTS 3 AND 4, BLOCK 163, PASCHALL ADDITION, TERRELL, TEXAS TO LOTS 3R, 4R, AND 5R, BLOCK 163, PASCHALL ADDITION, TERRELL, TEXAS
Will Cole, Director of Municipal Development presented to Council for discussion and consideration Planning and Zoning Commission Recommendation to Approve Replat of Lots 3 and 4, Block 163, Paschall Addition, Terrell, Texas to Lots 3R, 4R, and 5R, Block163, Paschall Addition, Terrell, Texas. Mayor Pro tem Lee Schaeffer made a motion to approve Planning and Zoning Commission Recommendation to Approve Replat of Lots 3 and 4, Block 163, Paschall Addition, Terrell, Texas to Lots 3R, 4R, and 5R, Block163, Paschall Addition, Terrell, Texas. The motion was seconded by Councilmember Tommy Spencer. Ayes – all; Nayes – none. Motion carried.
10. DISCUSS AND CONSIDER A REQUEST FOR EXCEPTION TO ORDINANCE NO. 1976, EXTERIOR ELEVATION REQUIREMENTS ON PROPERTY LOCATED AT 2402-A W. MOORE, DESCRIBED AS LOT B1, LOT B, OF TRAYLOR REPLAT, LOT B, TERRELL, TEXAS
Tom Bowen, representing Agg-Power and Robert Blair presented to Council for discussion and consideration a Request for Exception to Ordinance No. 1976, Exterior Elevation Requirements on Property Located at 2402-A W. Moore, described as Lot B1, Lot B, of Traylor Replat, Lot B, Terrell, Texas. Councilmember James Huffman made a motion to approve Request for Exception to Ordinance No. 1976, Exterior Elevation Requirements on Property Located at 2402-A W. Moore, described as Lot B1, Lot B, of Traylor Replat, Lot B, Terrell, Texas. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes – all; Nayes – none. Motion carried.
11. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 393 – AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR THE FORMATION OF A JOINT DRUG INTERDICTION TASK FORCE AND APPROVAL OF AN INTERLOCAL AGREEMENT FOR THE NORTHEAST AREA DRUG INTERDICTION TASK FORCE AND APPREHENSION UNIT
Chief of Police Jeff Whitt and John Davila presented to Council for discussion and consideration Resolution No. 393 – Authorizing the Submission of a Grant Application for the Formation of a Joint Drug Interdiction Task Force and Approval of an Interlocal Agreement for the Northeast Area Drug Interdiction Task Force and Apprehension Unit. Councilmember Tommy Spencer made a motion to approve Resolution No. 393 – Authorizing the Submission of a Grant Application for the Formation of a Joint Drug Interdiction Task Force and Approval of an Interlocal Agreement for the Northeast Area Drug Interdiction Task Force and Apprehension Unit. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes – all; Nayes – none. Motion carried.
12. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 394 – ADOPTING THE CITY OF TERRELL EMPLOYEE BENEFIT PLAN
Carol Holland, Personnel Director, presented to Council for discussion and consideration Resolution No. 394 – Adopting the City of Terrell Employee Benefit Plan. Councilmember Tommy Spencer made a motion to approve Resolution No. 394 – Adopting the City of Terrell Employee Benefit Plan. The motion was seconded by Councilmember Frances Anderson. Ayes – all; Nayes – none. Motion carried.
RESOLUTION NO. 394
A RESOLUTION OF THE CITY OF TERRELL, TERRELL, TEXAS, ADOPTING THE EMPLOYEE BENEFIT PLAN PROVIDING GROUP MEDICAL EXPENSE BENEFITS.
WHEREAS, the City of Terrell, Texas previously adopted an employee benefit plan which provided group medical expense benefits for the exclusive benefit of its eligible employees and eligible dependents thereof as stated in the prior plan; and
WHEREAS, the City Council has determined that it is in the best interest of the City and the eligible participating employees thereof to partially self-fund the group medical expense benefits portion of the prior plan; and
WHEREAS, in furtherance of such termination, the City desires to form the City of Terrell Employee Benefit Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS THAT effective October 1, 2000, the City does hereby adopt the City of Terrell Employee Benefit Plan, as set forth in the instrument entitled "City of Terrell Employee Benefit Plan": a copy of which is attached hereto as Exhibit "A" and has been examined by the City Manager of the City; and
RESOLVED, that in order to facilitate efficient, economical administration of the above described Plan the City Council hereby designates the City Manager as DIRECTOR and authorizes him to act on the behalf of the City in all maters pertaining to the City of Terrell Employee Benefit Plan, and
RESOLVED, that the City Manager of the City is hereby authorized and directed to execute any and all documents and to take such other actions as may be necessary or appropriate to make the City of Terrell Employee Benefit Plan and the Administration Contract, effective as may be amended from time to time.
PASSED AND ADOPTED this 20th day of March 2001.
13. DISCUSS AND CONSIDER APPOINTING A COUNCIL AND STAFF COMMITTEE TO DISCUSS AND DEVELOP CITY/SCHOOL PROPERTY USE INTERLOCAL AGREEMENT
City Manager Gordon Pierce presented to Council for discussion and consideration appointing a Council and Staff Committee to discuss and develop City/School Property Use Interlocal Agreement. Councilmember James Huffman made a motion to appoint Gordon Pierce, Steve Rogers and let the Mayor appoint two Council members. The motion was seconded by Councilmember Tommy Spencer. Mayor Madgwick appointed Tommy Spencer and Lee Schaeffer. Ayes – all; Nayes – none. Motion carried.
14. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2056 – BUDGET AMENDMENT
John Rounsavall City Secretary presented to Council for discussion and consideration approval of Ordinance No. 2056 – Budget Amendment. Councilmember Frances Anderson made a motion to approve Ordinance No. 2056 – Budget Amendment on first reading. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes – all; Nayes – none. Motion carried.
ORDINANCE NO. 2056
AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, AS PASSED AND ADOPTED ON SEPTEMBER 5, 2000, TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
15. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2058 – AMENDING ORDINANCE NO. 1680 – CHAPTER 5: BUSINESS REGULATIONS, SECTION 6: PEDDLER’S AND SOLICITORS AND APPENDIX 1: FEE SCHEDULE, SECTION 18: PEDDLER’S AND SOLICITORS FEE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
City Attorney Mary Gayle Ramsey presented to Council for discussion and consideration Ordinance No. 2058 – Amending Ordinance No. 1680 – Chapter 5: Business Regulations, Section 6: Peddler’s and Solicitors and Appendix 1: Fee Schedule, Section 18: Peddler’s and Solicitors Fee; Providing for Repeal of Conflicting Ordinances; Providing for Severability; and Providing an Effective Date. Mayor Pro tem Lee Schaeffer made a motion to Table to the April 6, 2001 Council Meeting Ordinance No. 2058 – Amending Ordinance No. 1680 – Chapter 5: Business Regulations, Section 6: Peddler’s and Solicitors and Appendix 1: Fee Schedule, Section 18: Peddler’s and Solicitors Fee; Providing for Repeal of Conflicting Ordinances; Providing for Severability; and Providing an Effective Date The motion was seconded by Councilmember Tommy Spencer. Ayes – all; Nayes – none. Motion carried.
ORDINANCE NO. 2058
AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 5, BUSINESS REGULATIONS, SECTION 6. PEDDLERS, SOLICITORS, AND VENDORS WITH THE ADDITION OF SUBSECTION O; CHARITABLE SOLICITATIONS, CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE,
16. DISCUSS AND CONSIDER APPOINTMENT TO THE CIVIL SERVICE COMMISSION
City Manager Gordon Pierce presented to Council for discussion and consideration Appointment to the Civil Service Commission. Councilmember James Huffman made a motion to re-appoint John Davidson to the Civil Service Commission. The motion was seconded by Councilmember Frances Anderson. Ayes – all; Nayes – none. Motion carried.
18. DISCUSS AND CONSIDER WORKSHOP DATES TO RECEIVE REPORT FROM WATERS CONSULTING GROUP REGARDING THE SALARY STUDY
City Manager Gordon Pierce presented to Council for discussion and consideration setting Workshop Dates to receive report from Waters Consulting Group Regarding the Salary Study. Councilmember James Huffman made a motion to set the Workshop on April 17, 2001. The motion was seconded by Councilmember Tommy Spencer. Ayes – all; Nayes – none. Motion carried.
17. DISCUSS AND CONSIDER REQUEST FOR RESALE OF PROPERTY DESCRIBED AS LOT 3A, BLOCK 21, TERRELL ORIGINAL
City Manager Gordon Pierce presented to Council for discussion and consideration Request for Resale of Property Described as Lot 3A, Block 21, Terrell Original. Mayor Pro tem Lee Schaeffer made a motion to approve the Request for Resale of Property Described as Lot 3A, Block 21, Terrell Original. The motion was seconded by Councilmember Tommy Spencer. Ayes – all; Nayes – none. Motion carried.
19. DISCUSS AND CONSIDER AWARD OF CONTRACT FOR EMERGENCY REPAIRS TO ROSEHILL WASTEWATER LIFTSTATION
City Manager Gordon Pierce and Stan Ballard presented to Council for discussion and consideration Award of Contract for Emergency Repairs to Rosehill Wastewater Liftstation. Councilmember James Huffman made a motion to award contract for Emergency Repairs to Rosehill Wastewater Liftstation to TPC Electric Co., Inc., of Sachse in the amount of $53,275.00. The motion was seconded by Councilmember Frances Anderson. Ayes – all; Nayes – none. Motion carried.
20. HEAR REMARKS FROM VISITORS
Danny Booth thanked Council for their support at Kaufman County Day in Austin.
OLD BUSINESS
CONSENT AGENDA
Mayor Pro tem Lee Schaeffer made a motion to adopt Ordinance No. 2055 and Ordinance No. 2057 on CONSENT AGENDA. The motion was seconded by Councilmember Tommy Spencer. Ayes – all; Nayes – none. Motion carried.
21. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2055 – AMENDING CHAPTER 4, SECTION 22, SUBSECTION 22: OFF-PREMISE DETACHED SIGNS
ORDINANCE NO. 2055
AN ORDINANCE AMENDING CHAPTER 4, SECTION 22, SUBSECTION 22: OFF-PREMISE DETACHED SIGNS; PROVIDING FOR OFF-PREMISE DETACHED SIGNS REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS THAT:
SECTION I.
That Chapter 4, Section 22, Subsection 22: Off-Premise Detached Signs shall be amended as follows in accordance with Texas Local Government Code section 216.902(a):
Section 22: Off-Premise Detached Signs
Off-premise, detached signs with a surface area greater than thirty-two (32) square feet are prohibited, except in locations where they presently exist, and including locations in the Extraterritorial Jurisdiction (ETJ). Existing off-premise, detached signs (e.g., billboards), which are legally in existence prior to the effective date of this ordinance, shall be allowed to change messages or advertisements but they shall not be allowed to undergo any other changes that would increase the sign face (e.g., advertising area) or the sign’s height in any way.
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 6th day of March, 2001.
PASSED AND ADOPTED ON THIS 20th day of March, 2001.
22. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2057 – CHAPTER 5: BUSINESS REGULATIONS, SECTION 9: DANCE AND GAME HALLS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
ORDINANCE NO. 2057
AN ORDINANCE OF THE CITY OF TERRELL, TEXAS AMENDING ORDINANCE NO. 1373 – CHAPTER 5, BUSINESS REGULATIONS, SECTION 9: DANCE AND GAME HALLS; 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:
SECTION I.
That Chapter 5, Business Regulations, Section 9: Dance and Game Halls shall be amended as follows:
Section 9. DANCE HALLS, GAME HALLS and POOL HALLS
DEFINITIONS
In this section:
Dance Hall means any place or premises where dancing by patrons or customers is permitted or dance or similar live performance is presented to the public.
Game Hall means any place or premises where facilities are provided for the playing of any coin-operated game or device of amusement or skill and/or any game of cards, dice, dominoes or other game requiring special equipment for the playing thereof.
Pool Hall means any place or premises where one or more pool or billiard tables are located and used for the playing of pool, billiards, snooker, or similar games and for which a fee is charged, either directly or indirectly, either by means of a general admission fee, membership fee, dues or the like or by a vending fee placed on or about the table.
Reserved.
Premises means any premises requiring a permit under the terms of this section and shall include the grounds as well as all the buildings and vehicles as well as any adjacent premises either directly or indirectly under the control of the Permitee.
Permit means a permit to operate a Dance Hall, Game Hall or Pool Hall.
Permitee means a person in whose name a permit to operate a dance hall, game hall or pool hall has been issued, as well as the individual listed as an applicant on the application for a dance hall, game hall or pool hall license.
Person means an individual, partnership, corporation, association or other legal entity.
Private Club means an association of persons for the promotion of some common object which operates not for a profit a place for the accommodation of its members and guests only.
School means a public or private elementary or secondary school.
PERMIT REQUIRED
(1) A person commits an offense if he operates a dance hall, game hall or pool hall without a permit.
An application for a permit must be made on a form provided by the City Secretary. The applicant must be qualified according to the provisions of this section.
A person who wishes to operate a dance hall, game hall or pool hall must sign the application for a permit as applicant. If a person who wishes to operate a dance hall, game hall or pool hall is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a permit as an applicant. Each applicant will be considered a permitee.
It is a defense to prosecution under this section if the alleged activity is conducted at:
a private residence from which the general public is excluded;
a place owned by the federal, state or local government;
a public or private elementary school, secondary school, college or university; or
a place owned by a religious organization.
LOCATION OF DANCE HALLS, GAME HALLS AND POOL HALLS
A person commits an offense if he operates or causes to be operated a dance hall, game hall or pool hall within 1,000 feet of:
a church;
a public or private elementary or secondary school;
the boundary of an area zoned as residential or historic according to
the zoning map of the City of Terrell;
a public park;
(5) a private club; or
another dance hall, game hall or pool hall.
EXEMPTION FROM LOCATIONAL RESTRICTIONS
FOR DANCE HALLS, GAME HALLS AND POOL HALLS
If the City Secretary or Chief of Police denies the issuance of a dance hall, game hall or pool hall permit to an applicant because the proposed location is in violation of sub-section C. of this section, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the City Secretary a written request for an exemption from the locational restrictions of sub-section C of this section.
If a written request is filed within the 10-day limit, the City Secretary shall set a date for a hearing before the City Council within 60 days from the date the written request is received.
After a hearing, the City Council may, in its discretion, grant an exemption from the locational restrictions of sub-section C of this section if it finds that:
the location of the proposed dance hall, game hall or pool hall will not have a detrimental effect on the nearby property or be contrary to the public safety or welfare;
the location of the proposed dance hall, game hall or pool hall will not downgrade the property value or quality of life in any adjacent area or encourage the development of urban blight; and
all other applicable provisions of this section will be observed.
The City Council shall grant or deny the exemption by majority vote. Failure to reach a majority vote will result in denial of the exemption. Any dispute of fact must be decided on the basis of a preponderance of the evidence. The decision of the City Council is final.
If the City Council grants the exemption, the exemption is valid for the one year period of the permit. Upon expiration of the permit, it will be
necessary for the applicant to apply and receive another exemption for any subsequent permit.
If the City Council denies the exemption, the applicant may not re-apply for a period of one-year after the date of denial.
The grant of an exemption from the locational restrictions of sub-section C of this Section does not exempt the applicant from any other provision of this section.
ISSUANCE OF PERMIT
The city secretary shall approve issuance of a permit to an applicant within 30 days after receipt of an application unless the chief of police finds one or more of the following to be true:
An applicant or an employee is under 21 years of age;
An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon real and/or personal property;
An applicant or an employee is physically or mentally incapacitated to an extent that the applicant cannot operate a dance hall, game hall or pool hall;
An applicant, an applicant’s spouse or an employee has been convicted of a violation of a provision of this section within a period of two years preceding the application;
Any fee required by this section has not been paid;
An applicant, an applicant’s spouse or an employee has been convicted of a felony as defined in section 1.07 of the Texas Penal Code within a period of five years preceding the application;
An applicant, an applicant’s spouse or an employee has been convicted any of the following offenses as described in Chapter 43 of the Texas Penal Code within a period of five years preceding the application:
prostitution;
promotion of prostitution;
aggravated promotion of prostitution;
compelling prostitution;
obscenity;
sale distribution or display of harmful material to minor;
sexual performance by a child; or
possession of child pornography.
An applicant, an applicant’s spouse or an employee has been convicted any of the following offenses as described in Chapter 21 of the Texas Penal Code within a period of five years preceding the application:
public lewdness;
indecent exposure; or
indecency with a child.
An applicant or an employee has been employed in a dance hall, game hall or pool hall in a managerial capacity within the proceeding 12 months and has demonstrated an inability to operate or manage a dance hall, game hall or pool hall premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.
(11) An applicant or an employee has, by policy or conduct, discouraged or denied use or access to a dance hall, game hall or pool hall to any individual on the basis of race, sex, or national origin.
The fact that a conviction is being appealed has no effect on the disqualification of the applicant, the applicant’s spouse or an employee under sub-sections E(2) through E(9) of this section.
The city secretary, upon approving issuance of a dance, game or pool hall permit shall sent the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the permit fee and obtain the permit. The city secretary’s approval of the issuance of a permit does not authorize the applicant to operate a dance hall, game hall or pool hall until the applicant has paid all fees required by this section and obtained possession of the permit.
F. FEES
(1) The following nonrefundable fees will be charged for each permit issued under the terms of this chapter:
For a dance hall, the initial permit fee is $400.00
The annual permit renewal fee is $200.00
For a game hall, the initial permit fee is $400.00
The annual permit renewal fee is $200.00
For a pool hall, the initial permit fee is $400.00
The annual permit renewal fee is $200.00
In addition to the fees required by sub-section F (1), an applicant shall, at the time of making application, pay a nonrefundable application fee of $200.00 for the city to conduct an inspection of the proposed premises together with the surrounding area to insure compliance with all applicable health and safety codes and ordinances and to insure compliance with the locational restrictions set forth in sub-section C of this of this section.
G. HOURS OF OPERATION
All premises permitted under this section including, but not limited to, all premises licensed by the Texas Alcohol Beverage Commission shall be limited to the hours of operation set out in the Texas Alcohol Beverage Code. Currently these hours are:
Sundays - the premises shall be closed promptly at 1:15 A.M.
and vacated by all persons promptly at 1:30 A.M. The premises shall remain closed until 12:00 Noon.
All other days - the premises shall be closed promptly at 12:15 A.M. and vacated by all persons promptly at 12:30 A.M. The premises shall remain closed until 10:00 A.M.
All premises permitted under this section that have been granted a late hours permit by the Texas Alcohol Beverage Commission shall have the following closing hours as currently set out in the Texas Alcoholic Beverage Code:
The premises shall be closed promptly at 2:15 A.M. and be vacated by all persons promptly at 2:30 A.M. on any day.
H. INSPECTION
Representatives of the police, fire and municipal development departments may inspect the premises of a dance hall, game hall or pool hall, for the purpose of insuring compliance with the law, at any time it is open for business or occupied.
A person who operates a dance hall, game hall or pool hall or a person designated as the dance hall, game hall or pool hall supervisor commits an offense if he refuses to permit a lawful inspection of the premises of a dance hall, game hall or pool hall by a representative of the police department, the fire department, or the municipal development department at any time it is open for business or occupied.
DANCE HALL, GAME HALL OR POOL HALL SUPERVISOR
Upon the approval of a permit by the city secretary, a person who operates a dance hall, game hall or pool hall must designate a person as dance hall, game hall or pool hall supervisor. The designation must include the individual’s full name, address, telephone number, drivers license number, and a photo ID.
If, at any time during the period of the permit, a person who operates a dance hall, game hall or pool hall wishes to designate a different individual as dance hall, game hall or pool hall supervisor, it will be necessary for the designation procedure described in sub-section (10) to be followed.
A person designated as dance hall, game hall or pool hall supervisor must remain on the premises of the dance hall, game hall or pool hall at all times during operating hours to insure that all activities are conducted in a safe and orderly manner.
PERSONS UNDER 18 PROHIBITED; SIGN TO BE DISPLAYED
No person under the age of 18 years shall be permitted on the premises of any dance hall or pool hall unless accompanied by a parent or adult guardian.
Any person holding a game hall permit shall prominently display on the premises a sign reading as follows:
“PLAY BY MINORS UNDER EIGHTEEN YEARS OF AGE NOT ALLOWED BETWEEN THE HOURS OF 11:00 P.M. AND 11:00 A.M. UNLESS ACCOMPANIED BY PARENT OR ADULT GUARDIAN”.
A person who operates a dance hall or pool hall or a person designated as a dance hall or pool hall supervisor commits an offense if he knowingly permits a person under 18 years of age to enter or remain on the premises unless accompanied by a parent or adult guardian.
A person who operates a game hall or a person designated as a game hall supervisor commits an offense if he knowingly permits a person under 18
years of age to enter and remain on the premises between the hours of
11:00 P.M. and 11:00 A.M. unless accompanied by a parent or adult guardian.
EXPIRATION OF PERMIT
A permit for a dance hall, game hall or pool hall expires one year from the date of issuance. A permit may be renewed only by making application as provided in sub-section B and C. Application for renewal should be made at least 30 days before the expiration date. When made less than 30 days before the expiration date, the expiration of the permit will not be affected by the pendency of the application.
When the city secretary denies renewal of a permit, the applicant may not be issued any dance hall, game hall or pool hall permit for one year from the date the denial becomes final. If, subsequent to denial, the city secretary finds that the basis for denial of the renewal permit has been corrected or abated, the applicant may be granted a permit if at least 90 days have elapsed since the denial became final.
SUSPENSION
The city secretary and/or the chief of police shall, subject to the provisions of sub-section N, suspend a dance hall, game hall or pool hall permit for a period of time not exceeding 30 days if the city secretary and/or the chief of police determines that a permitee or an employee of a permitee has:
violated sub-section E of this section;
engaged in excessive use of alcoholic beverages on the premises;
refused to allow an inspection of the premises as authorized in this section;
knowingly permitted gambling by any person on the premises;
knowingly permitted an intoxicated person to remain on the premises;
demonstrated an inability to operate or manage a dance hall, game hall or pool hall in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.
REVOCATION
The city secretary and/or the chief of police shall, subject to the provisions of sub-section N, revoke a permit if a cause of suspension as
specified in sub-section L occurs and the permit has been suspended within the preceding 12 months.
The city secretary and or the chief of police shall, subject to the provisions of sub-section N, revoke a permit if the city secretary and/or the chief of police determines that one or more of the following is true:
A permitee has given false or misleading information in the material submitted to the chief of police and/or city secretary during the application process;
A permitee or employee is unable to lawfully operate the dance, game or pool hall because of physical or mental impairment;
A permitee or employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
a permitee or employee has knowingly allowed prostitution on the premises;
a permitee is convicted of or is under indictment for any felony offense or any misdemeanor offense listed in sub-section E of this section.
The fact that a conviction is being appealed shall have no effect on the revocation of the permit.
When the city secretary and/or the chief of police revokes a permit, the revocation will continue for one year after the revocation becomes final. If, subsequent to revocation, the chief of police finds that the basis for the revocation action has been corrected or abated, the applicant may be
granted a permit if at least 90 days have elapsed since the revocation became final.
APPEALS
If the city secretary denies the issuance or renewal of a permit or suspends or revokes a permit, the city secretary shall send to the applicant or permitee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. The aggrieved party may appeal the decision of the city secretary and/or the chief of police to the City Council. The filing of an appeal and the posting of a cash bond in the amount of $500 shall stay the action of the city secretary and/or the chief of police in suspending or revoking a permit until the City Council makes a final decision. The City Council shall hear the appeal within 60 days of filing. If, after a hearing, the City Council denies the appeal or in the event the aggrieved party fails to fully prosecute the requested appeal to a conclusion, the $500 cash bond previously posted shall be forfeited as costs and remainder of any suspension or revocation shall be fully implemented. The decision of the City Council shall be final.
O. TRANSFER OR ASSIGNMENT OF PERMIT
A permitee shall not transfer or assign a permit to another nor shall a permitee operate a dance hall, game hall or pool hall under the authority of a permit at any place other than the address designated in the application.
15. PENALTY
Any person who violates any provision of this section, upon conviction, is
punishable by a fine not to exceed $500.00 per day for each occurrence.
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 6TH DAY OF MARCH, 2001
PASSED AND ADOPTED ON THIS 20TH DAY OF MARCH, 2001
23. RECEIVE CITY MANAGER’S REPORTS AND CORRESPONDENCE:
City Manager Gordon Pierce presented reports and correspondence:
(a.) One-Day City Wide Clean Up
(b.) 2001 County Wide Clean Up
(c.) Census Report for the City of Terrell and Kaufman County
24. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551 OF THE TEXAS LOCAL GOVERNMENT CODE TO DISCUSS THE FOLLOWING:
(d.) Section 551.072 – Real Property – Property at Hwy. 34 & Airport Road
25. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEM DISCUSSED IN EXECUTIVE SESSION
There was no action taken in Executive Session.
26. ADJOURN
There were no other items discussed or acted on at this meeting. There being no further business the meeting was adjourned.
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HENRY C. MADGWICK, SR., MAYOR
ATTEST:
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JOHN ROUNSAVALL, CITY SECRETARY