Minutes 

CITY COUNCIL MEETING

APRIL 17, 2001

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, April 17, 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 Chuck Schorlemmer gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF MARCH 20, 2001.

Councilmember Frances Anderson made a motion to approve the City Council Regular Meeting Minutes of March 20, 2001 with the following correction made. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

"City Manager Gordon Pierce presented to Council for discussion and consideration Bid and Award of Contract for City Vehicles. Councilmember Frances Anderson made a motion to award bids to the following low bidders. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried."

New Business

4. DISCUSS AND CONSIDER REPORT FROM WATERS CONSULTING GROUP REGARDING THE SALARY STUDY.

Chris Hartung and Patrick Simmons representing the Waters Consulting Group presented to Council for discussion and consideration Report from Waters Consulting Group Regarding the Salary Study. Councilmember James Huffman made a motion to accept the Report from Waters Consulting Group Regarding the Salary Study. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

5. DISCUSS AND CONSIDER DEVELOPMENT PLANNING AGREEMENT BETWEEN TERRELL ECONOMIC DEVELOPMENT CORPORATION AND HALFF ASSOCIATES.

Danny Booth presented to Council for discussion and consideration Development Planning Agreement Between Terrell Economic Development Corporation and Halff Associates to develop a Master Plan for the +/-375-acre McCord Property in the amount of $45,300.00. Mayor Henry Madgwick made a motion to approve the Development Planning Agreement between Terrell Economic Development Corporation and Halff Associates. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

6. CONSIDER TERRELL ALLIANCE FOR EDUCATION AND THE ARTS REQUEST FOR JULY 4TH FUNDING OF EAST TEXAS SYMPHONY ORCHESTRA.

City Manager Gordon Pierce and Mr. Howard Tygrett presented to Council for discussion and consideration Terrell Alliance for Education and the Arts Request for July 4th Funding of East Texas Symphony Orchestra. Councilmember James Huffman made a motion to deny the Terrell Alliance for Education and the Arts Request for July 4th Funding of East Texas Symphony Orchestra. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes -all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER A REQUEST FOR EXCEPTION TO ORDINANCE NO. 1976 - EXTERIOR ELEVATION REQUIREMENTS, FOR PROPERTY LOCATED AT 1300 HIGHWAY 34 SOUTH, LEGALLY DESCRIBED AS LOT 2, NORTON SECOND ADDITION.

Chad Oaks representing Elliott Electric Supply presented to Council for discussion and consideration a Request for Exception to Ordinance No. 1976 - Exterior Elevation Requirements for Property Located at 1300 Highway 34 South, Legally Described as Lot 2, Norton Second Addition. After discussion, Mayor Pro tem Lee Schaeffer made a motion to deny the request for Exception to Ordinance No. 1976 - Exterior Elevation Requirements for Property Located at 1300 Highway 34 South, Legally Described as Lot 2, Norton Second Addition. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

8. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2062 - AMENDING CHAPTER 12: UTILITIES, SECTION 5: WATER SERVICE RATES, BY THE ADDITION OF SECTION 5A, WATER.

City Manager Gordon Pierce and Will Cole presented to Council for discussion and consideration Ordinance No. 2062 - Amending Chapter 12: Utilities, Section 5: Water Service Rates, by the Addition of Section 5A, Water. Councilmember James Huffman made a motion to approve on first reading Ordinance No. 2062 - Amending Chapter 12: Utilities, Section 5: Water Service Rates, by the Addition of Section 5A, Water. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2062

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 12: UTILITIES, SECTION 5: WATER SERVICE RATES BY THE ADDITION OF SECTION 5A: WATER WHICH SHALL HEREINAFTER READ AS FOLLOWS; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED $2,000 AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED ON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.

9. DISCUSS AND CONSIDER REQUEST FOR RESALE OF PROPERTY DESCRIBED AS LOT 1C, BLOCK 91, WESTERN ADDITION.

City Manager Gordon Pierce presented to Council for discussion and consideration Request for Resale of Property Described as Lot 1C, Block 91, Western Addition. Councilmember Frances Anderson made a motion to approve the Resale of Property Described as lot 1C, Block 91, Western Addition. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

10. CONSIDER APPROVAL OF AIRPORT PROJECT PARTICIPATION AGREEMENT NO. 0118TERREL, CONCERNING ENGINEERING DESIGN OF IMPROVEMENTS AT THE MUNICIPAL AIRPORT.

City Engineer Stan Ballard presented to Council for consideration Airport Project Participation Agreement No. 0118TERREL, Concerning Engineering Design of Improvements at the Municipal Airport. Councilmember Tommy Spencer made a motion to approve Airport Project Participation Agreement No. 0118TERREL, Concerning Engineering Design of Improvements at the Municipal Airport. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

11. CONSIDER APPROVAL OF AIRPORT PROJECT PARTICIPATION AGREEMENT NO. 0118-TERRL, CONCERNING ACQUISITION OF PROPERTY FOR RUNWAY-17 PROTECTION ZONE AT THE MUNICIPAL AIRPORT.

City Engineer Stan Ballard presented to Council for consideration Airport Project Participation Agreement No. 0118TERRL, Concerning Acquisition of Property for Runway-17 Protection Zone at the Municipal Airport. Councilmember Tommy Spencer made a motion to approve Airport Project Participation Agreement No. No. 0118TERRL, Concerning Acquisition of Property for Runway-17 Protection Zone at the Municipal Airport. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

12. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 398 - SICK LEAVE PAY FOR RETIREES.

Carol Holland, Director of Human Resources, presented to Council for discussion and consideration approval of Resolution No. 398 - Sick Leave pay for Retirees. Councilmember James Huffman made a motion to approve Resolution No. 398 - Sick Leave Pay for Retirees. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 398

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING THE EMPLOYEE HANDBOOK POLICY CHAPTER 6 - LEAVES: SECTION 3(H) - SICK LEAVE.

WHEREAS, the City of Terrell has the authority to adopt rules and regulations for the orderly handling of the personnel employed by said city; and

WHEREAS, this resolution is not to be construed as a contractual agreement between employer and employees, but is intended as a statement of policies to be followed by the City of Terrell in its relations with its employees; and

WHEREAS, the City Council of the City of Terrell is of the opinion that it will be in the best interest of the City that the personnel policy of the City of Terrell, amended June 1, 1998 amend Chapter 6 - Leaves, Section 3(H) - Sick Leave allows employees with twenty years of employment service (the last ten (10) years with the City of Terrell) to utilize ninety (90) days of sick time prior to retiring from the City of Terrell.

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

THAT Chapter 6 - Leaves, Section 3(H) - Sick Leave allows employees with twenty years of employment service (the last ten (10) years with the City of Terrell) to utilize ninety (90) days of sick time prior to retiring from the City of Terrell.

PASSED AND APPROVED THIS THE 17th DAY OF APRIL, 2001.

13. DISCUSS AND CONSIDER DATE, TIME AND LOCATION FOR PUBLIC TOWN HALL MEETING.

Councilmember Tommy Spencer made a motion to table this item until after the May General Election. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

14. DISCUSS AND CONSIDER DATE AND LOCATION FOR MAY RETREAT.

Council discussed and considered setting the May Retreat date and location for May 10th and 11th beginning at 12:00 p.m. on the 10th at the Hampton Inn in Mesquite, Texas.

15. HEAR REMARKS FROM VISITORS.

Shirley Bowie spoke to Council regarding a street light.

Old Business

16. DISCUSS AND CONSIDER ADOPTION ON SECOND READING 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 adopt on Second Reading 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 as written. 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 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

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

SECTION I.

THAT Chapter 5, Business Regulations, Section 6. Peddlers, Solicitors and Vendors of the Code of Ordinances of the City of Terrell, Texas, be amended by the addition of Subsection O, Charitable Solicitations as follows:

O. CHARITABLE SOLICITATIONS

Sec. O-1. Definitions.

As used in this section, the following terms shall have the following meanings:

Charitable purpose means philanthropic, religious or other non-profit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of a patriotic or veterans' association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution.

Individual means only a natural person.

Person means and includes any natural person, firm partnership, corporation or association.

Solicit funds or Solicitation of funds means any request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling or offering for sale of any property, real or personal, tangible or in-tangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications, or brochures, upon the representation, express or implied that the proceeds of such sale will be used for a charitable purpose as such terms is herein defined. Expressly excluded from the meaning of "solicit funds" or "solicitation of funds" are any offer of membership in any organization and any solicitation of funds covered by this definition are limited to a solicitation communicated in the physical presence of any individual on public property within the corporate limits of the city.

Sec. O-2 Unlawful Solicitation on Public Property

(a) It shall be unlawful for any person, directly or through an agent or employee, to solicit funds for charitable purposes within the corporate limits of the city unless such person shall have first obtained a certificate of registration from the City Secretary as hereinafter provided.

(b) It shall be unlawful for any individual, as the agent or employee of another, to solicit funds for charitable purposes in the city unless his principal or employer has received a certificate of registration as hereinafter provided.

(c) It shall be unlawful for any individual, as the agent or employee of another, to solicit funds for charitable purposes in the City without a facsimile copy of the certificate of registration in his or her possession. Such facsimile copy of the certificate of registration shall be shown upon request to all persons solicited and to any police officer of the city.

(d) It shall be unlawful to solicit for charitable purposes between the hours of 8:00 p.m. and 8:00 a.m. in the city.

(e) It shall be unlawful for any person, directly or through an agent or employee, to solicit funds for charitable purposes within the corporate limits of the city after the expiration of any certificate of registration issued as hereinafter provided.

(f) It shall be unlawful for the person registering or the agents or employees thereof to solicit funds in the city for a charitable purpose other than that set out in the registration statement upon which the certificate of registration was issued.

(g) It shall be unlawful for any person who shall solicit funds for charitable purposes in the city to represent, in connection with such solicitation of funds, that the insurance of a certificate of registration by the city constitutes an endorsement or approval of the purposes of such solicitation of funds by the city or any department, officer or employee thereof.

(h) It shall be unlawful for any person issued a certificate of registration hereunder to fail to file any financial statement that this article requires to be filed with the City Secretary.

Sec.O-3 Registration - Statement

All persons desiring to solicit funds for charitable purposes in the city shall file with the City Secretary a registration statement, on forms provided by the City Secretary, containing the following:

(1) The name of the person registering and desiring to solicit funds for charitable purposes.

(2) Whether the person registering in an individual, partnership, corporation or association, and:

a. If an individual, his or her business or residence address and telephone number.

b. If a partnership, the names of all partners and the principal business address and telephone number of the partnership.

c. If a corporation, whether it is organized under the law of Texas or is a foreign corporation, its mailing address, business location, and telephone number and names of the officers and directors of the corporation.

d. If an association, the association's principal business address and telephone number, along with the names of the association's officers and directors or trustees. If the association is part of a multi-state organization or association, the mailing address and business location of its principal headquarters shall also be given.

(3) A brief description of the charitable purpose for which the funds are to be solicited, and an explanation of the intended use of the funds toward that purpose.

(4) The names of all individuals authorized to incur expenses related to the solicitation or to disburse any proceeds of the solicitations.

(5) The name, mailing address and telephone number of the individual who will have organizational responsibility for the solicitation of funds.

(6) The time period within which the solicitation of funds is to be made, giving the date of the beginning of solicitation and its projected conclusion, not to exceed four (4) months.

(7) A description of the methods and means by which the solicitation of funds is to be accomplished.

(8) The total amount of funds proposed to be raised.

(9) A projected schedule of salaries, wages, fees, commissions, expenses and costs that the person registering reasonably believes will be expended and paid in connection with the solicitation of funds or in the connection with their disbursement, and an estimated percentage of the total projected collections which the cost of solicitation will comprise. These figures shall cover the entire time period during which the solicitation is to be made.

(10) A statement to the effect that if a certificate of registration is granted, such certificate will not be used as or represented to be an endorsement by the city of any of its officers or employees.

(11) The signature of an individual on behalf of the person registering.

Sec. O-4 Fee.

(a) Every registration statement, except as exempt as exempted herein, shall be accompanied by a registration fee of ten dollars ($10.00) to compensate the city for the cost of administering this chapter. Such fee will be nonrefundable, irrespective of whether a certificate of registration is issued.

(b) Any public or private school sanctioned group, religious or philanthropic group shall be exempt from the requirement to provide the ten dollar ($10.00) registration fee.

Sec. O-5 Certificate of registration - Issuance.

Within ten 91) working days of the receipt of the registration statement, the City Secretary shall either issue a certificate of registration, as provided in Section O-6, or notify the person registering that the registration statement does not comply with the requirements of Section O-3, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued.

Sec. O-6 Form.

The City Secretary shall prescribe the form of the certificate of registration, which shall include a statement that "The issuance of the Certificate of Registration is not an endorsement by the City of Terrell or any of its departments, officers, or employees.

Sec. O-7 Expiration; filing of financial statements within the specified time of termination of solicitation

(a) Each certificate of registration issued by the City Secretary shall expire at the termination of the solicitation period specified in the registration statement or four (4) months from the date of issuance, whichever is less.

(b) No later than thirty (3) days from the expiration of its certificate of registration, each person registering shall file a closing statement with the City Secretary. The closing statement shall be a financial statement that is on a form provided by the City Secretary for this purpose and shall be signed by the appropriate individual on behalf of the person registering.

(c) The closing statement shall indicate the total funds collected or pledged from the solicitation of funds, the purpose or purposes (with the amount of funds for each purpose) for which such funds have been or will be disbursed by the person registering, any incurred but unpaid expenses resulting from the solicitation of funds, and all other anticipated disbursement of collected or pledged funds. The monetary value represented by any fool or goods that have been collected or pledged shall be estimated to the nearest multiple of ten dollars ($10.00) to satisfy the requirement to indicate total funds collected or pledged.

Sec. O-8 Public disclosure.

All registration statements and closing statements filed with the City Secretary, whether or not a certificate of registration has been issued, shall be public records and shall be available for inspection by members of the public during the City Secretary's regular business hours. Copies may be obtained at the fees prescribed by law for copies of city records.

Sec. O-9 Exceptions.

The solicitation of funds for charitable purposes by any organization or association from its members shall be exempt from the operation of Section O-1 through 8.

Sec. O-10 Solicitation from occupant of motor vehicle

(a) It shall be unlawful for any person or organization to solicit funds for charitable or welfare purposes from an occupant of any motor vehicle which is on a public street or on a street, roadway or parking area of any city park, whether or not the person or organization soliciting funds is or is not on a public street or other public property.

(b) It shall be unlawful for any person to cause, aid, solicit, encourage, or direct a minor to engage in conduct prohibited by this section.

Sec. O-11 Penalties.

Violation of any application provision of this chapter shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), and each day that any violation continues shall constitute a separate offense. However, an offense related to any provision of this chapter which also constitutes an offense pursuant to state law shall be punishable in accordance with the applicable state law.

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 3RD DAY OF APRIL, 2001.
PASSED AND ADOPTED ON THIS 17TH DAY OF APRIL, 2001.

17. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2059 - APPROVING THE GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CONSUMERS IN THE CITY OF TERRELL.

Councilmember James Huffman made a motion to approve by consent Ordinance No. 2059 and Ordinance No. 2060 on second reading. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2059

AN ORDINANCE OF THE CITY OF TERRELL APPROVING THE GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CONSUMERS IN THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING AN EFFECTIVE DATE THEREFORE, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATES MAY BE CHANGED, ADJUSTED, AND AMENDED.

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

Section 1. On March 2, 2001, TXU Gas Distribution, a division of TXU Gas Company ("Company") filed with the Governing Body of this municipality a Statement of Intent to Change Residential, Commercial, and Industrial Rates charged to consumers within this municipality. Also filed was the Tariff for Gas Service in the East Region Distribution System ("Tariff for Gas Service") and the supporting Cost of Service Schedules ("Schedules"). The Tariff for Gas Service includes Rate Schedules 4200 - East Region Distribution System Cities, 4201 - Residential Service, 4202 - Commercial Service, 4203 - Industrial Sales, 4204 - Industrial Transportation, 4208-1 through 4208-3 - Rate Adjustment Provisions, 9001 through 9007 - Miscellaneous Service Charges, and Rider 4206 - Surcharges.

Section 2. The maximum general service rates for sales and transportation of natural gas rendered to residential, commercial, and industrial consumers within the city limits of Terrell, Texas by TXU Gas Distribution, a division of TXU Gas Company, a Texas corporation, its successors and assigns, are hereby fixed and approved as set forth in Rate Schedules 4201 - Residential Service, 4202 - Commercial Service, 4203 - Industrial Sales, and 4204 - Industrial Transportation included in the Tariff for Gas Service in the East Region Distribution System.

Section 3. The Rate Adjustment Provisions set forth in the Tariff for Gas Service as Rate Schedules 4208-1 Gas Cost Adjustment, 4208-2 Tax Adjustment, and 4208-3 Weather Normalization Adjustment are approved.

Section 4. The Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations. Such miscellaneous service charges are identified in Rate Schedules 9001 through 9007 of the Tariff for Gas Service and are approved. Services for which no charge is set out may be performed and charged for by the Company at a level established by the normal forces of competition.

Section 5. The aforesaid rate schedules herein approved shall be effective from and after the effective date set forth in the Statement of Intent, if this ordinance is passed and approved on or before that effective date.

Section 6. The rates set forth in this ordinance may be changed and amended by either the City or Company in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file with the City.

Section 7. Unless otherwise noted herein, other than TXU Gas Distribution (a named party), no person or entity has been admitted as a party to this rate proceeding.

Section 8. It is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place, and purpose of said meeting was given.

PASSED AND APPROVED ON THIS 3rd DAY OF APRIL, 2001
PASSED AND ADOPTED ON THIS 17TH DAY OF APRIL, 2001

18. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2060 - AMENDING APPENDIX I, FEE SCHEDULE, SECTION 4, SWIMMING POOL - FEES AND CHARGES.

Councilmember James Huffman made a motion to approve by consent Ordinance No. 2059 and Ordinance No. 2060 on second reading. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2060

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 4, SWIMMING POOL - FEES AND CHARGES OF THE REVISED CODE OF ORDINANCE OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

SECTION I.

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

THAT Appendix I, Fee Schedule, SECTION 4, SWIMMING POOL - FEES AND CHARGES, Paragraphs (1) through (3), of the Revised Code of Ordinances of the City of Terrell, Texas, shall be deleted in its entirety and read as follows:

SECTION 4: SWIMMING POOL - FEES AND CHARGES

The charges for admission to the municipal swimming pool shall be:

(1) Admission Charges

Children under 4
(when accompanied with paying adult)…………………….………..Free
Ages 4 - 64…………………...……………………………………………. $ 2.00
65 and Over………………………………………………………………… $ 1.00
Family (up to 4 persons)…………………………………………………… $ 4.00
Additional charge per family member……………………………. $ 1.00

(2) Season Passes

Patrons over 4…………………………………………………………….$ 35.00
Family of 4……………………………………………………………….$ 75.00
Additional Family Members……………………………………………$ 25.00 each

(3) Pool Rental

2-Hour Rental
Less than 75 people………………………………………………………$100.00
Greater than 75 People……………………………………………………$150.00
2 Lifeguards Minimum, additional as needed.
Deposit Required with Application………………………………………$ 50.00

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 unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and section so 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 first reading this 3RD day of April, 2001.
PASSED AND ADOPTED on second reading this 17th day of April, 2001.

19. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551 TEXAS LOCAL GOVERNMENT CODE TO DISCUSS SECTION 551.072 - ACQUISITION OF PROPERTY - SILENT WINGS MUSEUM.

20. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEM DISCUSSED IN EXECUTIVE SESSION.

There was no action taken in Executive Session.

21. 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

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