Minutes 

CITY COUNCIL MEETING

APRIL 3, 2001

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, April 3, 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

Donald Sarlow 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. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

New Business

4. DISCUSS AND CONSIDER ALLOCATION OF MARKETING FUNDS.

City Manager Gordon Pierce and Assistant City Manager Linda Seabolt presented to Council for discussion and consideration Allocation of Marketing Funds. Councilmember James Huffman made a motion to approve the Allocation of Marketing Funds with the stipulation that the City concentrates on general signs that say "Community of Friendly People" contingent on reaching the budget and the City not expending over $25,000.00. Mayor Henry Madgwick seconded the motion. Ayes - all; Nayes - none. Motion carried.

5. DISCUSS AND CONSIDER REQUEST BY TXU ELECTRIC AND GAS FOR RATE CHANGE WITHIN THE CITY OF TERRELL:

a.) DISCUSS AND CONSIDER 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.

Charles Hill presented to Council for discussion and consideration Ordinance No. 2059 - approving the General Service Rates Including Rate Adjustment Provision 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 Ordinance No. 2059 - approving the General Service Rates Including Rate Adjustment Provision 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. 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 THEREFOR, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATES MAY BE CHANGED, ADJUSTED, AND AMENDED.

b.) DISCUSS AND CONSIDER ORDINANCE NO. 2061 - SUSPENDING THE EFFECTIVE DATE OF TXU GAS DISTRIBUTION'S REQUESTED RATE CHANGES.

No action taken.

6. DISCUSS AND CONSIDER ACQUIESCENCE TO ENCROACHMENT ON PROPERTY DESCRIBED AS LOT 4, BLOCK 144, MOORE AND NASH ADDITION

City Manager Gordon Pierce and Ann Bruce, representing American National Bank, presented to Council for discussion and consideration Acquiescence to Encroachment on Property Described as Lot 4, Block 144, Moore and Nash Addition. Councilmember James Huffman made a motion to approve Acquiescence to Encroachment on Property Described as Lot 4, Block 144, Moore and Nash Addition. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER BID AND AWARD OF CONTRACT FOR CITY VEHICLES

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:

Musser Motors Unit Total
2 - 2001 Full Size, 4 Door Sedan $19,059 $38,118.00
Police Interceptor
1 - 2001 Administrative Staff Car $21,232.00
1 - 2001 Heavy Duty ½ Ton $15,770.00
1 - 2001 Heavy Duty ½ Ton $20,151.00
Extended Cab Pickup
Orange Ford, Orange Texas Unit Total
2 - 2001 Staff Vehicles $16,610 $33,220.00
Section 8 Housing
1 - 2001 Heavy Duty ¾ Ton $21,354.00
4x4 Off Road, Pickup

8. DISCUSS VEHICLE TRACKING SYSTEM AND FUNDING

Sergeant Joel Blair presented to Council for discussion Vehicle Tracking System and Funding. Item to be placed on Retreat Agenda with demonstration at Retreat. There was no action taken on this item.

9. DISCUSS AND CONSIDER MUNICIPAL SWIMMING POOL POLICIES AND PROCEDURES

Steve Rogers presented to Council for discussion and consideration Municipal Swimming Pool Policies and Procedures. Councilmember James Huffman commented the Item on Page 2 should read "65 and older". Councilmember James Huffman made a motion to accept Municipal Swimming Pool Policies and Procedures. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

10. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2060 - AMENDING APPENDIX I, FEE SCHEDULE, SECTION 4, SWIMMING POOL - FEES AND CHARGES

Steve Rogers presented to Council for discussion and consideration Approval of Ordinance No. 2060 - Amending Appendix I, Fee Schedule, Section 4, Swimming Pool - Fees and Charges. Councilmember Tommy Spencer made a motion to approve Ordinance No. 2060 - Amending Appendix I, Fee Schedule, Section 4, Swimming Pool - Fees and Charges on first reading. The motion was seconded by Councilmember James Huffman. 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.

11. 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 Manager Gordon Pierce and 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. Councilmember James Huffman made a motion to approve 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 on first reading. The motion was seconded by Councilmember Frances Anderson. 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.

12. DISCUSS AND CONSIDER APPOINTMENTS TO THE TERRELL MUNICIPAL AIRPORT BOARD

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Terrell Municipal Airport Board. Councilmember James Huffman made a motion to re-appoint Art Hendon and Peter Esposito to the Airport Board. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

13. DISCUSS AND CONSIDER DATE, TIME AND LOCATION OF TOWN HALL MEETINGS

Council tentatively scheduled Town Hall Meeting on June 7, 2001 starting at 6:30 or 7:00 p.m. at City Hall.

14. DISCUSS AND CONSIDER CANCELLATION OF ELECTION FOR UNOPPOSED CANDIDATE

Mayor Henry Madgwick made a motion to cancel Election for Unopposed Candidate. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

Councilmember James Huffman made a motion to declare Frances Anderson elected to District 3 Council. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

15. HEAR REMARKS FROM VISITORS

John LaRoe presented to Council a list of concerns of the Terrell 2000 Committee.
Shirley Bowie - 200 Chappel Street - discussed street lights.

Old Business
Consent Agenda

16. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2056 - BUDGET AMENDMENT

Councilmember James Huffman made a motion to adopt on second reading Ordinance No. 2056 - Budget Amendment. The motion was seconded by Councilmember Frances Anderson. 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.

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

SECTION I.

The General Fund and Utility Fund are amended to reflect the following increase in the budget:

GENERAL FUND BUDGETED AMOUNT AMENDED

REVENUES
010-00-3205 Franchise - TXU Electric $ 710,767.05 $ 67,846.44 $ 778,613.49
010-00-3801 Terrell Police Department $ - 0 $ 3,534.56 $ 3,534.56

EXPENDITURE
BUDGETED AMOUNT AMENDED
010-11-4492 Transfer to Permanent Street Impr $ -0- $ 30,000.00 $ 30,000.00
010-22-4340 Streets/Maintenance/Contracts $ 275,000.00 $250,000.00 $ 525,000.00
010-32-4418 Travel & Education $ 21,000.00 $ 3,534,56 $ 24,534.56

UTILITY FUND BUDGETED AMOUNT AMENDED

EXPENDITURE
020-90-4499 Transfer Funds Capital Reserve $ 160,000.00 $ 545,000.00 $ 705,000.00

UTILITY CAPITAL RESERVE BUDGETED AMOUNT AMENDED

028-28-4407 Project 00-04/S.H. 34 $-0- $545,000.00 $545,000.00

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

SECTION III.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the city council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION IV.

This Ordinance will take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides.

PASSED AND APPROVED ON THIS 20th DAY OF MARCH, 2001.
PASSED AND ADOPTED ON THIS 3RD DAY OF APRIL, 2001.

17. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:
c.) Discuss Dates and Time for April Council Workshop

Workshop was scheduled for April 17, 2001 at 2:00 p.m.

18. 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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