Minutes 

CITY COUNCIL MEETING

APRIL 1, 1997

7:00 P.M.

1.0 ANNOUNCEMENTS & PUBLIC HEARINGS

A regular meeting of the City Council was held April 1, 1997, at 7:00 p.m. in the City Council Chambers at City Hall 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

Councilmember Jack Jones presented the Arlie White P.R.I.D.E. award to Officer Jeff Peterson for the month of April.

1.3 SPECIAL RECOGNITION AWARD - POLICE DEPARTMENT

No action.

2.0 MINUTES

2.1 CONSIDER APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETINGS HELD MARCH 4, AND MARCH 18, 1997.

A motion was made by Councilmember Frances Anderson, and seconded by Councilmember Tommy Spencer, to approve minutes of Regular Meetings held March 4, and March 18, 1997. Ayes all; Nayes none. Motion carried.

3.0 BIDS

3.1 CONSIDER BIDS AND AWARD OF CONTRACT FOR COMPACT UTILITY TRACTOR

A motion was made by Councilmember Jack Jones and seconded by Councilmember Frances Anderson to accept bid #3 by R-Tex ford in the amount of $18,595.77 for a Compact Utility Tractor. Ayes all; Nayes none. Motion carried.

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CITY OF TERRELL
BIDS FOR COMPACT UTILITY TRACTOR
BID #96-26-01
MARCH 5, 1997; 2:00 P.M.

VENDORS BID PRICE
R-TEX FORD, TERRELL TX #3 $18,595.77
SETTLE-RADKE MACHINERY, INC, TERRELL, TX 18,650.00
DEEN IMPLEMENT, COMP, WILLS POINT, TX 18,793.37
R-TEX FORD, TERRELL TX #2 18,831.10
R-TEX FORD, TERRELL TX #1 19,567.10
MITCHELL & BOURLAND, INC., TERRELL, TX 19,825.00
MASTERTURF & TRACTOR, DALLAS, TX 19,910.00
ZIMMERER KUBOTA & EQUIP, DALLAS, TX 20,397.00
LANDFORD EQUIPMENT COMP, INC., AUSTIN, TX 21,452.27
GOLDTHWAITE'S OF TEXAS, FORT WORTH, TX NO BID
PROFESSIONAL TURF PRODUCTS, DALLAS, TX NO BID

4.0 ROUTINE BUSINESS

None

5.0 OLD BUSINESS

5.1 CONSIDER ADOPTION OF ORDINANCE NO. 1868 - INTERNAL AUDIT POSITION

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Robert Messer to adopt on second reading the following Ordinance No. 1868, with the deletion of the wording for a definite term not to exceed one (1) year. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1868

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 9, PERSONNEL, SECTION 2: DEPARTMENT HEADS, PARAGRAPH B. DEPARTMENT HEADS ENUMERATED OF THE REVISED TERRELL CITY CODE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

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

SECTION I.

THAT Chapter 9, Personnel, Section 2: Department Heads, Paragraph (B) Department Heads Enumerated, of the Revised Code of Ordinances of the City of Terrell, Texas, shall be amended by deleting Sub-paragraph (1) City Secretary in its entirety and replaced with the following:

B. DEPARTMENT HEADS ENUMERATED

(1) City Secretary/Internal Auditor

(a) Office Created
There is hereby created the Department of City Secretary/Internal Audit to be directed by the City Secretary/Internal Auditor. The City Secretary/Internal
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Auditor must be a person knowledgeable in public financial and fiscal theory, and the principles of municipal accounting, and internal auditing. The City Secretary/Internal Auditor shall be appointed by the City Council. The City Council may terminate the employment agreement at its will and pleasure by a vote of not less than three (3) members of the City Council. The action of the City Council in removing the City Secretary/Internal Auditor shall be final, it being the intention of this ordinance to vest all authority and fix all responsibility for such removal in the City Council.

(b) Bond Required
The City Secretary/Internal Auditor shall execute a bond, payable to the city, as required by law, and the city council shall determine the amount of bond. Such bond shall be a corporate surety bond and the city shall pay all cost, premium and expense connected therewith.

(c) Duties Generally
The City Secretary/Internal Auditor shall have the following duties and responsibilities:

(1) Post notices of all city council meetings, workshops, executive sessions, commissions and board meetings. Attend every meeting of the city council, and keep accurate minutes of the meetings.

(2) Maintains records and is custodian of Ordinances, contract agreements, deeds, easements, resolutions abstracts, City seal, payroll records and any documents required by the federal, state or local law to maintain as records.

(3) Attests Mayor's signature.

(4) Coordinates all City elections and special elections and acts as election judge for absentee voting.

(5) Assists auditors with information for City audit.

(6) Provides information to public concerning all aspects of City business.

(7) Oversees mail room and copy center.

(8) Maintains all fixed asset records.

(9) Monitoring and examination of the City's accounting and property records, funds, general accounting system, and records of persons authorized to receive or disperse money or other property belonging to City and of funds for which the City is responsible as trustee.

(10) Appraisal, evaluation and verification of the adequacy of the City's accounting system and system of internal controls.

(11) Reporting to the City Council and City Manager any irregularities or failures to maintain adequate and accurate records or system of internal controls.

(12) Making such studies and reports as the City Council shall request or approve as to the efficiency, economy and effectiveness of the programs, projects or departments, reporting such data to the City Council and City Manager.

(13) Performs related work as required by the nature of the position.

THAT Chapter 9, Personnel, Section 2: Department Heads, Paragraph (B) Department Heads Enumerated, of the Revised Code of Ordinances of the City of Terrell, Texas, shall hereby be amended to add sub-paragraph (10) Financial Director as follows:

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(10) FINANCIAL DIRECTOR
(a) There is hereby created the office of financial director who shall be appointed by the city manager with the approval of the city council. The financial director position is responsible for all accounting and financial matters including the annual report, budget preparation, investments, debt management, financial reporting, bond and coupon register, utility billing, and meter reading.

(b) Bond Required
The Financial Director shall execute a bond, payable to the city, and the city council shall determine the amount of bond. Such bond shall be a corporate surety bond and the city shall pay all cost, premium and expense connected.

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.

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 4th day of March, 1997.

PASSED AND ADOPTED on second reading this 1st day of April, 1997.

______________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_______________________________________
BOBBY BISHOP, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

6.0 NEW BUSINESS
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6.1 CONSIDER APPROVAL OF STERICYCLE PROPOSAL FOR INCINERATOR

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to approve the Stericycle, Inc. Proposal for Incinerator, with an amendment to the
original lease agreement, which would extend the term of the lease to March 31st to the year 2000. Beginning April 1, 1997, Stericycle would pay the City $51,500.04 annually in equal payments of $4,291.67 per month. This reflects a 3% increase in accordance with the CPI. Ayes all; Nayes none. Motion carried.

6.2 CONSIDER APPROVAL OF ORDINANCE NO. 1870 - AMENDING SIGN ORDINANCE

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to approve on 1st reading the following Ordinance No. 1870. Ayes all; Nayes none. Motion carried.
ORDINANCE NO. 1870

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 BUT OUTSIDE THE CENTRAL BUSINESS DISTRICT BY AMENDING APPLICATION 2, ZONE II, SECTION VIII. SIGNS IN GENERAL; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.

6.3 CONSIDER APPROVAL OF ORDINANCE NO. 1871 - AMENDING CHAPTER 9, SECTION 9B, (2) CLASSIFIED POSITIONS IN POLICE DEPARTMENT

A motion was made by Councilmember Jack Jones and seconded by Councilmember Frances Anderson to approve on first reading the following Ordinance No. 1871 in anticipation of receiving the Federal Grant. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1871

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.

6.4 CONSIDER APPROVAL OF SALE OF CITY PROPERTY LEGALLY DESCRIBED AS LOT 4, BLOCK 633, TERRELL REVISED MAP

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Robert Messer to advertise for bids on property legally described as Lot 4, Block 733 Terrell Revised Map, with a minimum bid of $30,000. Ayes all; Nayes none. Motion carried.

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6.5 CONSIDER APPROVAL OF ENGINEER/CONSULTANT FOR THE BEN GILL PARK ENTRANCE PROJECT

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to accept the recommendation of PSA Engineering/Consultant for Ben Gill Park Entrance Park. Ayes: Mayor Don L. Lindsey, Mayor ProTem Robert Messer and Councilmember Jack Jones; Nayes: Councilmembers Tommy Spencer and Frances Anderson. Motion carried.

6.6 CONSIDER APPROVAL OF ABANDONMENT OF R.O.W. ON PART OF 10TH STREET

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve abandonment of R.O.W. on part of 10th Street and Main (1206 Main). Ayes all; Nayes none. Motion carried.

6.7 CONSIDER APPROVAL OF ACQUIESCENCE OF ENROACHMENT OF R.O.W. AS 1205 NORTH FRANCES TO ENABLE BUYER TO OBTAIN MORTGAGE

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve acquiescence of Encroachment of R.O.W. at 504 W. Brin to enable buyer to obtain mortgage. Ayes: Councilmember Jack Jones, Tommy Spencer, and Frances Anderson; Nayes: Mayor ProTem Robert Messer. Motion carried.

6.8 CONSIDER APPROVAL OF ACQUIESCENCE OF ENROACHMENT OF R.O.W. AT 504 WEST BRIN TO ENABLE BUYER TO OBTAIN MORTGAGE

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve acquiescence of enroachment of R.O.W. at 504 Brin Street to enable buyer to obtain mortgage. Ayes all: Nayes none. Motion carried.

6.9 CONSIDER APPROVAL OF PAY ESTIMATE TO GRACON CONSTRUCTION FOR WASTE WATER TREATMENT PLANT IMPROVEMENTS

Passed to executive session.

7.0 CONSIDER APPROVAL OF THE FOLLOWING BOARD APPOINTMENTS:

1. ZONING BOARD OF ADJUSTMENTS

Motion was made by Councilmember Tommy Spencer and seconded by Councilmember Jack Jones to appoint Elizabeth Diete to replace J.W. Barrow, and re-appoint Gene Glaeser to the Zoning Board of Adjustments. Ayes all; Nayes none. Motion carried.

2. PLANNING AND ZONING COMMISSION

A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Frances Anderson to appoint Ethel Livingston to replace Gary Malone to the Planning and Zoning Commission. Ayes all; Nayes none. Motion carried.

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4. CIVIL SERVICE COMMISSION

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to re-appoint Oscar Hinchen to the Civil Service Board. Ayes all; Nayes none. Motion carried.

6.11 CONSIDER APPROVAL OF HEALTH INSURANCE FOR RETIREES

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve Health Insurance for Retirees. Ayes all; Nayes none. Motion carried.

7.0 DISCUSSION ITEMS

None

8.0 EXECUTIVE SESSION

8.1 ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH TITLE 5, GOVERNMENT CODE V.T.C.S., CHAPTER 551, OPEN MEETINGS, SECTION 551.074: PERSONNEL MATTERS; AND SECTION 551.071: PENDING LITIGATION

The Mayor called an Executive Session in accordance with Title 5, Government Code V.T.C.S. Chapter 551, Open Meetings Section 551.074: Personnel Matters; and Section 551.071: Pending Litigation.

9.0 HEAR REMARKS FROM VISITORS

Mrs. Pat Patton thanked the Council for the award given to her and for the support of her project.

10.0 ADJOURNMENT

There were no other matters discussed or acted on at this meeting.
There will be no further business, the meeting was adjourned.

__________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_______________________________________
JOHN ROUNSAVALL, CITY SECRETARY

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