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APRIL 18, 2000

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, April 18, 2000 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 #4 LEE SCHAEFFER
COUNCILMEMBER #5 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Henry Madgwick called the meeting to order.

2. INVOCATION

Councilmember Lee Schaeffer gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 10, 2000

Councilmember James Huffman made a motion to amend Item #20 changing 80 to 60 days and 30 to 60 days

City Manager Gordon Pierce presented to Council for discussion and consideration Adoption of Ordinance No. 2011 - Historical Preservation and Creation of Historic Preservation Commission on second reading. Mayor Pro tem James Huffman made a motion to adopt Ordinance No. 2011 - Historical Preservation and Creation of Historic Preservation Commission on second reading with amendment from 30 to 60 days to approve initial commission. Councilmember Frances Anderson seconded the motion. Ayes - all; Nayes -none. Motion carried.

Councilmember Lee Schaeffer made a motion to approve the City Council Regular Meeting Minutes of April 10, 2000 with amendment. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

4.
a) CONDUCT A PUBLIC HEARING ON REQUEST FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOT 2A, BLOCK 314, TERRELL REVISED; AND LOTS 1-4, BLOCK 163, PASCHAL ADDITION FROM THE CURRENT ZONING OF SINGLE-FAMILY (1F2) TO TWO-FAMILY (2F)

Mayor Henry Madgwick opened the public hearing on request for zone change on property described as Lot 2A, Block 314, Terrell Revised; and Lots 1-4, Block 163, Paschal Addition from the current zoning of Single-Family (1F2) to Two-Family (2F). Ken Jurick of Larkin Properties spoke for the request. Kathleen East, 900 Morris, spoke against the request and presented to City Council a petition from neighbors. Mario Gonzalez, 905 Morris, spoke against the request and presented to City Council a letter from his wife. Paul Curnington, 208 Heath, spoke against the request and cited several code violations in the area. Mayor Henry Madgwick closed the public hearing.

b) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2017 - REQUEST FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOT 2A, BLOCK 314, TERRELL REVISED; AND LOTS 1-4, BLOCK 163, PASCHAL ADDITION FROM THE CURRENT ZONING OF SINGLE-FAMILY (1F2) TO TWO-FAMILY (2F)
DENIED.
City Manager Gordon Pierce presented to Council for discussion and consideration for approval of Ordinance No. 2017 - Request for Zone Change on Property Described as Lot 2A, Block 314, Terrell Revised; and Lots 1-4, Block 163, Paschal Addition from the Current Zoning of Single-Family (1F2) to Two-Family (2F). Councilmember Lee Schaeffer made a motion to deny Ordinance No. 2017 - Request for Zone Change on Property Described as Lot 2A, Block 314, Terrell Revised; and Lots 1-4, Block 163, Paschal Addition from the Current Zoning of Single-Family (1F2) to Two-Family (2F). Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

5. DISCUSS AND CONSIDER RELEASE OF PAVING LIEN - LOT 1, BLOCK 8, NELSON ADDITION

City Manager Gordon Pierce presented to Council for discussion and consideration release of paving lien - Lot 1, Block 8, Nelson Addition. Councilmember Tommy Spencer made a motion to waive paving lien on Lot 1, Block 8, Nelson Addition. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

6. PRESENTATION OF T.A.R.A.'S FINAL PLANS FOR STORAGE FACILITY IN BEN GILL PARK

City Manager Gordon Pierce presented to Council the presentation of T.A.R.A.'s final plans for storage facility in Ben Gill Park. Councilmember Tommy Spencer made a motion to pass the presentation of T.A.R.A's final plans for storage facility in Ben Gill Park to the May 2, 2000 City Council Meeting. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER APPROVAL OF A REQUEST BY WAL-MART TO ERECT PRIVATE TRAFFIC GUIDE SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY

City Engineer Stan Ballard presented to Council for discussion and consideration for approval a request by Wal-Mart to erect private traffic guide signs within the public right-of-way. Councilmember James Huffman made a motion to reject a request by Wal-Mart to erect private traffic guide signs within the public right-of-way. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

8. DISCUSS AND CONSIDER AUTHORIZING TERRELL ECONOMIC DEVELOPMENT CORPORATION TO SECURE OPERATING LINE OF CREDIT

City Manager Gordon Pierce and Bob Watson presented to Council for discussion and consideration authorizing Terrell Economic Development Corporation to secure operating line of credit. Councilmember James Huffman made a motion to authorize Terrell Economic Development Corporation to secure operating line of credit from American National Bank at an interest rate of 5.37%. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

9. DISCUSS AND CONSIDER REQUEST FOR RESALE OF PROPERTY DESCRIBED AS:
c) LOT 2B, BLOCK 108, MOORE-NASH ADDITION
City Manager Gordon Pierce presented to Council for discussion and consideration a request for resale of property described as Lot 2B, Block 108, Moore-Nash Addition. Councilmember Tommy Spencer made a motion to approve the request for resale of property described as Lot 2B, Block 108, Moore-Nash Addition. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

d) LOT 14, BLOCK 262, FRED MERIDITH ADDITION

City Manager Gordon Pierce presented to Council for discussion and consideration a request for resale of property described as Lot 14, Block 262, Fred Meridith Addition. Councilmember Lee Schaeffer made a motion to approve the request for resale of property described as Lot 14, Block 262, Fred Meridith Addition. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

AND DISTRICT NO. 4; DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AUTHORIZING COPY OF ORDINANCE POSTED ON ELECTION DATE AT EACH POLLING PLACE TO BE USED IN ELECTION; AND PROVIDING THAT IT SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION.

10. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2018 - CANCELING THE MAY 6, 2000 REGULAR ELECTION AND DECLARING EACH UN-OPPOSED CANDIDATE ELECTED TO OFFICE
1st reading

City Manager Gordon Pierce presented to Council for discussion and consideration of approval of Ordinance No. 2018 - Canceling the May 6, 2000 Regular Election and Declaring Each Un-Opposed Candidate Elected to Office. Councilmember James Huffman made a motion to approve Ordinance No. 2018 - Canceling the May 6, 2000 Regular Election and Declaring Each Un-Opposed Candidate Elected to Office. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO.2018

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS CERTIFYING ALL CANDIDATES UNOPPOSED ON BALLOT OF REGULAR MUNICIPAL ELECTION FOR THE CITY OF TERRELL SET FOR SATURDAY, MAY 6, 2000; FOR ELECTION OF MAYOR AND COUNCIL MEMBERS IN DISTRICT NO. 2 AND DISTRICT NO. 4; DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AUTHORIZING COPY OF ORDINANCE POSTED ON ELECTION DATE AT EACH POLLING PLACE TO BE USED IN ELECTION; AND PROVIDING THAT IT SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION.

11. CONSIDER AND APPOINT TERRELL MUNICIPAL AIRPORT BOARD MEMBERS

City Manager Gordon Pierce presented to Council for consideration and appointment of Terrell Municipal Airport Board Members. Councilmember James Huffman made a motion to re-appoint Sox Merritt, Van Meridith and Alene Esposito and to appoint Kyle Oakley to the Terrell Municipal Airport Board. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

12. DISCUSS AND CONSIDER APPOINTMENTS TO TERRELL PUBLIC LIBRARY BOARD MEMBERS

City Manager Gordon Pierce presented to Council for discussion and consideration of appointments to Terrell Public Library Board Members. Councilmember Lee Schaeffer made a motion to appoint John Hoffmeyer and to table the second appointment to the Terrell Public Library Board. Councilmember James Huffman seconded the motion. Ayes - all; Nayes - none. Motion carried.

13. DISCUSS AND CONSIDER REVISION TO POLICY FOR RELEASE OF LIENS

City Manager Gordon Pierce presented to Council for discussion and consideration of revision to policy for release of liens. Councilmember Lee Schaeffer made a motion to revise policy for release of liens subject to City Attorney's approval. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

DISCUSS KAUFMAN COUNTY DAY IN AUSTIN

No action was taken.

HEAR REMARKS FROM VISITORS

Danny Booth complimented City staff for good job at Heritage Jubilee.

OLD BUSINESS
CONSENT AGENDA

16. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 2016 ON SECOND READING - AMENDING CHAPTER 1, SECTION 11. EMERGENCY MANAGEMENT OF THE CODE OF ORDINANCES OF THE CITY OF TERRELL REVISED

City Manager Gordon Pierce presented to Council for discussion and consideration of adoption of Ordinance No. 2016 - Amending Chapter 1, Section 11, Emergency Management of the Code of Ordinances of the City of Terrell Revised. Councilmember Lee Schaeffer made a motion to adopt Ordinance No. 2016 - Amending Chapter 1, Section 11, Emergency Management of the Code of Ordinances of the City of Terrell Revised. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO.2016

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS AMENDING CHAPTER 1, SECTION 11. EMERGENCY MANAGEMENT OF THE CODE OF ORDINANCES OF THE CITY OF TERRELL ESTABLISHING A PROGRAM INCLUDING MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ACKNOWLEDGING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE
WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFEAND PROPERTY IN THE CITY OF TERRELL AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL-CLEAR AND MAKING VIOLATIONS OF THE EMERGENCY MANAGEMENT PLAN A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $1000.00 OR CONFINEMENT IN JAIL FOR A TERM NOT TO EXCEED 180 DAYS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Terrell finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on-going concern of the City if the lives and property of the populace are to be protected; and

WHEREAS, the City Council hereby declares that the preparation of a Comprehensive Emergency Management plan, and the means for its implementation, for the protection of lives and property in the City of Terrell from natural or man-caused disasters or threat thereof is immediately essential; and

WHEREAS, the City Council further finds that in times of disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay; and

WHEREAS, the City Council finds, therefore, that the preparation, and implementation of such plans are now imperative.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS:

THAT: Chapter 1, Section 11 Emergency Management be deleted in its entirety and replaced with the following:

Section 1. ORGANIZATION

There exists the office of Emergency Management Director of the City of Terrell, which shall be held by the Mayor in accordance with state law.

(a) An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director;

(b) The Director shall be responsible for a program of comprehensive emergency management within the county and for carrying out the duties and responsibilities set forth in this order. He/she may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director.

(c) The operational Emergency Management organization of the City of Terrell shall consist of the officers and employees of the City so designated by the Director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.

Section 2. EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES

The duties and responsibilities of the Emergency Management Director shall include the following:

(a) Conduct an on-going survey of actual or potential hazards which threaten life and property
within the city and an on-going program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.

(b) Supervision of the development and approval of an emergency management plan for the City of Terrell, and shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan.

(c) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 7 days except by or with the consent of the City Council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary.

(d) Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this order. Such proclamations, regulations, or directives
shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary.

(e) Direction and control of the operations of the Terrell Emergency Management organization as well as the training of Emergency Management personnel.

(f) Determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City.

(g) Maintenance of liaison with other municipal, county, district, state, regional or federal Emergency Management organizations.

(h) Marshaling of all necessary personnel, equipment or supplies from any department of the
City to aid in the carrying out of the provisions of the emergency management plan.

(i) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the county-wide coordination of Emergency Management efforts.

(j) Supervision of, and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City.

(k) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes.

(l) Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein.

(m) Other requirements as specified in Texas Disaster Act 1975 (V.T.C.S. Article 6889-7 - Texas Codes Annotated, Government Code Chapter 418).

Section 3. EMERGENCY MANAGEMENT PLAN

A comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization, establish and designate divisions and functions, assign responsibilities, tasks, duties, and powers, and designate officers and employees to carry out the provisions of this order. As provided by state law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this order and have the effect of law during the time of a disaster.

Section 4. INTERJURISDICTIONAL PROGRAM

The Mayor is hereby authorized to join with the County Judge of the County of Kaufman in the formation of an Emergency Management Council for the County of Kaufman and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the City of Terrell.

Section 5. OVERRIDE

At all times when the orders, rules, and regulations made and promulgated pursuant to this order shall be in effect, they shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.

Section 6. LIABILITY

This order is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of Terrell, the agents and representatives of said City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this order shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of Terrell a license of privilege, or otherwise permits the City to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person.

Section 7. COMMITMENT OF FUNDS

No person shall have the right to expend any public funds of the City in carrying out any Emergency Management activity authorized by this ordinance without prior approval by the City Council, nor shall any person have any right to bind the City by contract, agreement or otherwise without prior and specific approval of the City Council unless during a declared disaster. During a declared disaster, the Mayor may expend and/or commit public funds of the county when deemed prudent and necessary for the protection of health, life, or property.

Section 8. OFFENSES; PENALTIES

(a) It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the Emergency Management organization in the enforcement of any rule or regulation issued pursuant to this order, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this order.

(b) It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the Emergency Management organization of the City of Terrell unless authority to do so has been granted to such person by the proper officials.

(c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning, or the termination of a warning, shall be in violation of this order and may be subject to the penalties imposed by this order.

(d) Convictions for violations of the provisions of this order shall be punishable by fine not to exceed one thousand dollars ($1,000.00) or confinement in jail for a term not to exceed 180 days.

Section 9. SEVERABILITY

If any portion of this order shall, for any reason, be declared invalid such, invalidity shall not affect the remaining provisions thereof.

Section 10. LIMITATIONS

This order shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule, or regulation.

Section 11. REPEALER

All orders, parts of orders, or resolutions in conflict herewith are expressly repealed.

APPROVED on first reading this the 10th day of April, 2000.
ADOPTED on second reading this the 18th day of April, 2000.

17. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:

e) COUNCIL AGENDA FOLLOW-UP

f) TERRELL CHAMBER OF COMMERCE CVB 2ND QUARTER HOTEL/MOTEL OCCUPANCY TAX REPORT
PROJECT STATUS UPDATE

h) TxDOT UPDATE

i) DISCUSS COUNCIL RETREAT

18. ADJOURN

There were no other matters discuss 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 of Terrell
201 East Nash St.
Terrell, Texas 75160
(972) 551-6604
Metro (972) 524- 3332
Fax (972) 551-6682
E-mail: information@cityofterrell.org
 

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City of Terrell
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