Minutes 

CITY COUNCIL MEETING

APRIL 7, 1998

7:00 P.M.

A regular meeting of the Terrell City Council was held April 7, 1998 in the Council Chambers with the following members present:

COUNCILMEMBER #1 DON L. LINDSEY
COUNCILMEMBER #2 JACK JONES
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 TOMMY SPENCER
COUNCILMEMBER #5 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Don L. Lindsey called to meeting to order.

2. INVOCATION

Councilmember Jack Jones gave the opening prayer.

3. PRESENTATION OF ARLIE WHITE P.R.I.D.E. AWARD

Councilmember James Huffman presented the Arlie White P.R.I.D.E. Award to Richard Jackson for the month of April.

4. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES OF THE REGULAR MEETING OF MARCH 17, 1998

Councilmember Frances Anderson made a motion to approval the City Council Minutes for the meeting of March 17, 1998. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

5. CONSIDER CONFIRMATION OF DIRECTORS AND OFFICERS OF CORPORATION FOR TERRELL HOSPITAL BOARD

TABLED

Councilmember Tommy Spencer made a motion to table this item. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

6. CONSIDER PETITION REQUEST FOR ANNEXATION OF J.C. HALE SURVEY (A-202)

Anthony Rofino presented a petition request for annexation of J.C. Hale Survey (A-202) to the Council.

Councilmember Frances Anderson made a motion to approve the petition request with the stipulation that the property owner would pay his pro rata from utilities when services are available. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

7. CONSIDER AMENDMENT TO HDR AGREEMENT

City Manager Gordon presented Amendment #5 of the HDR Agreement to Council for consideration.

Councilmember Frances Anderson made a motion to approve the Amendment to HDR Agreement. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

8. DISCUSS AIRPORT BOARD APPOINTMENTS

Councilmember Jack Jones made a motion to re-appoint E.S. Sox Merritt, Alene Esposito, and Teri Collier to the Terrell Municipal Airport Board. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

9. CONSIDER APPROVAL OF ORDINANCE NO. 1922 - PRETREATMENT ORDINANCE

Councilmember Tommy Spencer made a motion to approve 1st reading of Ordinance No. 1922 - Pretreatment Ordinance. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

ORDINANCE. NO. 1922

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, SETTING FORTH UNIFORM REQUIREMENTS FOR INDUSTRIAL USERS OF THE WASTEWATER COLLECTION AND TREATMENT WORKS; APPOINTMENT THE DIRECTOR OF UTILITIES AS ADMINISTRATOR, PROHIBITING AND/OR LIMITING CERTAIN DISCHARGES; REQUIRING PRETREATMENT PRIOR TO DISCHARGE IN CERTAIN INSTANCES; ESTABLISHING PERMIT REQUIREMENTS AND DESCRIBING THE WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS; SETTING FORTH REPORTING AND COMPLIANCE MONITORING REQUIREMENTS, PROVIDING FOR THE HANDLING OF CONFIDENTIAL INFORMATION AND PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE; ENUMERATING ADMINISTRATIVE AND JUDICIAL ENFORCEMENT REMEDIES AND SUPPLEMENTAL ENFORCEMENT ACTION; PROVIDING FOR AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS AND FOR SURCHARGE COSTS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

10. CONSIDER ADOPTION OF RESOLUTION 319 - STATE HIGHWAY 34 BY-PASS

Councilmember Frances Anderson made a motion to approve Resolution 319 - State Highway 34 By-Pass. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 319

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, SUPPORTING THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF THE S.H. 34 BY-PASS.

WHEREAS, the Texas Department of Transportation has determined that a by-pass should be constructed to improve accessibility of State Highway 34 between the City of Kaufman and the City of Terrell; and

WHEREAS, the design, development, and construction of the S.H. 34 By-Pass would improve overall accessibility and safety between Kaufman and Terrell by relieving traffic congestion; and

WHEREAS, the design, development, and construction of the S. H. 34 By-Pass would stimulate economic development, sustain business and commerce, and provide increased mobility for the shipment of goods and services; and

WHEREAS, the City of Terrell is interested in the design, development and construction of the S. H. 34 By-Pass route which will most meet the needs of this City, County and the State of Texas;

THEREFORE, BE IT RESOLVED, that the City Council of the City of Terrell hereby request and encourage the Texas Department of Transportation to proceed with the design, development and construction of S. H. 34 By-Pass.

Adopted by the Terrell City Council in a public meeting held the 7th day of April 1998.

11. CONSIDER ORDINANCE NO. 1920 - ALLOCATION OF FUNDS FOR RESALE LOTS

Councilmember Frances Anderson made a motion to approve 1st reading of Ordinance NO. 1920 - Allocation of funds for resale lots. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1920

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 1998, AS PASSED AND ADOPTED ON SEPTEMBER 17, 1997, TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

12. CONSIDER RESALE OF PROPERTY DESCRIBED AS:
a. Brooks, Block 585, Lots 1 & 2
b. Stallings 3rd and 4th, Block 19, Lot 5A
c. Williams, Block 2, Lot 9
d. Moore -Nash, Block 136, Lot 2C
e. Highland, Block 4, Lot 9

Councilmember Tommy Spencer made a motion to approve resale of property. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

13. CONSIDER APPROVAL OF AMENDMENT TO T.I.S.D. AGREEMENT

TABLED

Councilmember Tommy Spencer made a motion to table this item. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

14. CONSIDER PROPOSAL FOR CONSULTANT SERVICES FOR POLICE DEPT./TERRELL 2000

Jeff Whitt, Chief of Police presented proposal for consultant services for the Police Department/ Terrell 2000. The Program is to be paid out of the police seizure fund. Councilmember Jack Jones made a motion to approve the proposal for consultant services for the police department/Terrell 2000. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

15. CONSIDER VEHICLE ASSISTANCE FOR SECURITY PURPOSES AT SOUTHWESTERN CHRISTIAN COLLEGE

Jeff Whitt presented to Council for consideration for vehicle assistance for security purposes at Southwestern Christian College. Councilmember Frances Anderson made a motion to approve vehicle assistance pending a contract for usage from the City Attorney. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

16. CONSIDER BUDGET AMENDMENT TO CONTINUE RESIDENTIAL DEVELOPMENT INCENTIVE PROGRAM

City Manager Gordon Pierce presented to Council a budget amendment to continue residential development incentive program. Councilmember James Huffman made a motion to approve the budget amendment in the amount of $95,642.09. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

CONSENT AGENDA

17. CONSIDER ADOPTION OF ORDINANCE NO. 1917 BUDGET AMENDMENT FOR EMERGENCY REPAIR

ORDINANCE NO. 1917

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 1998, AS PASSED AND ADOPTED ON SEPTEMBER 17, 1997, 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.

A emergency condition existed in the northwest area of Terrell, to-wit: Leighton Drive, Collins Drive, Charles Lane, and Volney Avenue. A sanitary sewer main failed affecting life, health, and property in the area. The failure required immediate action by the City of Terrell to restore the sanitary sewer main.

The Utility Fund Budget is amended to reflect the following increases and in the budget:

UTILITY FUND BUDGETED AMENDED TO
020-62-4545 $-0- $24,873.50

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 17H DAY OF MARCH, 1998.
PASSED AND ADOPTED ON THIS 7th DAY OF APRIL, 1998.

18. CONSIDER ADOPTION OF ORDINANCE NO. 1918 - AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF TERRELL

ORDINANCE NO. 1918

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM SINGLE FAMILY ZONING (1-F2) TO MULTI-FAMILY ZONING (MF) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 14 & 15, BLOCK 1, LOTS 24-26, BLOCK 2 AND LOTS 10-21, BLOCK 4, ALL TERRELL TERRACE ADDITION, TERRELL, TEXAS; PROVIDING FOR THE 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:

ARTICLE I.

WHEREAS, the City Council of the City of Terrell, Texas held a public hearing on March 17, 1998, on request to change the zoning from Single Family Zoning (1F2) to Multi-Family Zoning (MF), on property legally described as Lots 14 & 15, Block 1, Lots 24-26, Block 2, and Lots 10-21, Block 4, all Terrell Terrace Addition, Terrell, Texas, and

WHEREAS, the City Council has determined that all notice requirements have been given in compliance with the laws and ordinances of the City of Terrell; and

WHEREAS, the City Council of the City of Terrell, Texas has determined that it would be in the best interest of the citizens of Terrell to change the zoning from Single Family Zoning (1F2) to Multi-Family Zoning (MF) on property described herein.

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

THAT the zoning classification be and is hereby changed on property legally described as Lots 14 & 15, Block 1, Lots 24-26, Block 2, and Lots 10-21, Block 4, all Terrell Terrace Addition, Terrell, Texas from Single Family Zoning (1F2) to Multi-Family Zoning (MF).

ARTICLE II.

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

ARTICLE 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.

ARTICLE 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 THIS 17th DAY OF MARCH, 1998.

PASSED AND ADOPTED THIS 7TH DAY OF APRIL, 1998.

19. CONSIDER ADOPTION OF ORDINANCE NO. 1919 - ABANDONMENT OF ALLEY RIGHT-OF-WAY IN BLOCK 4, TERRELL TERRACE ADDITION

ORDINANCE NO. 1919

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, VACATING AND ABANDONING AN ALLEY RIGHT-OF-WAY IN BLOCK 4, TERRELL TERRACE ADDITION.

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

WHEREAS, a petition, signed by adjacent property owners requesting the alley right-of-way between Colquitt and Houston Streets, extending from 9th Street to 10th Street, be closed to public use and abandoned, has been filed with the City for consideration; and

WHEREAS, this body has determined that a public need for the subject right-of-way no longer exists, and that its vacation would be to the public benefit in general;

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

THAT the alley right-of-way in Block 4, Terrell Terrace Addition, between 9th Street and 10th Street within the City of Terrell, Kaufman County, Texas, be and is hereby closed and abandoned.

ARTICLE II

THAT all Ordinances of the City of Terrell, Texas, in conflict with the provisions of this Ordinance be, and same are, hereby repealed.

ARTICLE III

THAT 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 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.

ARTICLE 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 APPROVE THIS 17TH DAY OF MARCH 1998.

PASSED AND ADOPTED THIS 7TH DAY OF APRIL 1998.

Councilmember Jack Jones made a motion to approve Ordinances No. 1917, 1918, and 1919. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

20. RECEIVE CITY MANAGER'S REPORT AND CORRESPONDENCE

City Manager Gordon Pierce presented his report and correspondence to the Council.

21. HEAR REMARKS FROM VISITORS

BFTS Association is hosting a tour group on April 17 and 18 and would like to tour city hall at 2:00 P.M.

22. ADJOURN

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

_________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_______________________________________.
JOHN ROUNSAVALL, CITY SECRETARY

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