Minutes 

CITY COUNCIL MEETING

MAY 19, 1998

7:00 P.M.

A regular meeting of the Terrell City Council was held May 19, 1998 in the Council Chambers with the following members present:

COUNCILMEMBER #1 HENRY MADGWICK
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Henry Madgwick call the meeting to order.

2. INVOCATION

Reverend Robert McBride gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES OF THE REGULAR MEETING OF MAY 5, 1998

Councilmember James Huffman made a motion to approve the minutes of the City Council meeting held May 5, 1998. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried.

4. CONSIDER CVB BUDGET FOR FINAL QUARTER OF FISCAL YEAR 1997-98

Councilmember James Huffman made a motion to approve the CVB budget for final quarter of fiscal year 1997-98 with revision that
"partial reimbursement for chamber advanced in April" in the amount of $4,318.00 to be revised to overhead expenses for the third quarter July 1st through September 30th, 1998. The motion was seconded by Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.

Terrell Chamber of Commerce
Convention & Visitors Bureau
1998 Third Qtr. Proposed Budget - July through September 31
RECEIPTS
Hotel/Motel Tax $28,000
TOTAL RECEIPTS $28,000

EXPENDITURES
Salaries/Benefits - CVB $14,537
Tourism/Visitor Center
Billboards- 1,200
Media- 425
Professional dev.
TACVB Fall Seminar 900
TACVB Annual Convention 1,500
TTIA Travel Summitt 1,200
Professional membership 120
Printing 2,250
Other tourism
Visiting groups 200
Foreign Visitors 675
Meeting contingencies 250
Visitor Center
Heritage Tours 425
Partial reimbursement 4,318
For Chamber advance in April
(Total advance $13,377.00
TOTAL EXPENSE $28,000

9. CONSIDER ADOPTION OF RESOLUTION NO. 323 - CDBG INFRASTRUCTURE FUNDS

Tim Glendenning presented to Council for consideration to adopt Resolution No. 323 - CDBG Infrastructure funds.

Ron Pegram, 1400 S. Medora, spoke in opposition to the Resolution, citing a lack of consideration on the part of the Council for the homeowner interest, and no long term study of impact on the community.

Councilmember Frances Anderson made a motion to table and reschedule Resolution No. 323 for May 26th , 1998 at 7:00 P.M. Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Ayes - all; Nayes - none. Motion carried.

5. CONSIDER APPROVAL OF ORDINANCE NO. 1927 - R.O.W. ABANDONMENT OF PUBLIC RIGHT-OF-WAY; ELM BETWEEN ROCKWALL AND MORRIS
1st Reading

Gordon Pierce presented Ordinance No. 1927 to Council for 1st reading. Councilmember Tommy Spencer made a motion to approve 1st reading Ordinance No. 1927 - R.O.W. Abandonment of public right-of-way; Elm Between Rockwall and Morris. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1927

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, VACATING AND ABANDONING ELM STREET BETWEEN ROCKWALL AND MORRIS.

6. CONSIDER CHANGE ORDER NO. 1 - THOMAS BROWN CONSTRUCTION

Gordon Pierce presented Change Order No. 1 - Thomas Brown Construction in the amount of $12,430.00 for additional water line work on Hattie Street for consideration to the Council. Councilmember Tommy Spencer made a motion to approve Change Order No. 1. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER RAILROAD GRADE-CROSSING CLOSING OPTIONS

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

8. CONSIDER BOARD APPOINTMENTS:

A. P & Z

Gordon Pierce presented to Council the list for P&Z Reappointments. . Councilmember Tommy Spencer made a motion to re-appoint Brenda Denson, Don Thurman, and Ann Carraway to the Planning and Zoning Commission. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried

B. PARK BOARD

Gordon Pierce presented to Council the Park Board member list. Councilmember James Huffman made a motion to appoint Hetty Smith and David Breeden to the unexpired terms of Henry Madgwick and Lee Schaeffer. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried

C. ZONING BOARD OF ADJUSTMENTS

Gordon Pierce presented to Council the Zoning Board of Adjustments member list. Councilmember Tommy Spencer made a motion to table this item until June 1998. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

10. DISCUSS AND CONSIDER POLICY FOR NAMING OF CITY FACILITIES, STREETS, AND PARKS

Councilmember Frances Anderson made a motion to table this item until June 1998. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

11. CONSIDER REHAB HOUSING CONTRACT WITH DSCI, INC.

Gordon Pierce presented to Council for consideration rehabilitation housing contract at 607 Bethlehem in the amount of $7,400.00.

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

12. CONSIDER FOR RESALE OF PROPERTY DESCRIBED AS TERRELL REVISED, BLOCK 246, LOT 3C

Gordon Pierce presented to Council for consideration resale of property described as Terrell Revised, Block 246, Lot 3C. Councilmember Tommy Spencer made a motion to approve the resale of property. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried.

13. CONSIDER ADOPTION OF RESOLUTION NO. 324 - TAX RESALE DEEDS

Gordon Pierce presented Resolution No. 324 - Tax Resale Deeds to Council. Councilmember Tommy Spencer made a motion to approve Resolution No. 324 with the stipulation that the County give all financial institutions equal opportunity to participate in program. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried.

RESOLUTION NO. 324

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL AUTHORIZING THE KAUFMAN COUNTY TAX ASSESSOR-COLLECTOR TO DETERMINE THE SUFFICIENCY OF BIDS FOR THE SALE OF PROPERTIES HELD IN TRUST BY KAUFMAN COUNTY ON BEHALF OF THE TAXING JURISDICTIONS AS A RESULT OF PREVIOUS TAX SALES FOR DELINQUENT AD VALOREM PROPERTY TAXES TO BE PURCHASED BY THE AMERICAN NATIONAL BANK AND THE CITY OF TERRELL, AUTHORIZING KAUFMAN COUNTY TAX ASSESSOR-COLLECTOR TO EXECUTE A TAX RESALE DEED AND ANY OTHER INSTRUMENTS NECESSARY TO TRANSFER TITLE TO SAID PROPERTIES, AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TERRELL:

WHEREAS, the City of Terrell, has determined that it would be in the best interest of the public to redevelop and rehabilitate vacant city lots: and,

WHEREAS, the City of Terrell recognizes the contribution of the American National Bank and the City of Terrell Section 8 Housing Authority in assisting the funding of new residential construction with in the City of Terrell; and

WHEREAS, the City of Terrell acknowledges that the Kaufman County Tax Assessor-Colelctor, acting as the tax collector for the City of Terrell, is aware of the status of said properties within the City of Terrell, which are currently held by Kaufman County as Trustee on behalf of the Taxing jurisdictions;

THEREFORE, BE IT RESOLVED that the Kaufman County Tax Assessor-Collector is hereby authorized to determine the sufficiency of bids for the sale of said properties held in trust by Kaufman County on behalf of the taxing jurisdictions as a result of previous tax sales for delinquent ad valorem property taxes to be purchased by the American National Bank and the City of Terrell. The Kaufman County Tax Assessor-Collector is further authorized to execute a Tax Resale Deed and any other instruments necessary to transfer title to said properties.

WHEREAS, this Resolution shall take effect immediately from and after its passage, as in the Charter in such cases is made and provided.

PASSED AND APPROVED THIS THE 19TH DAY OF MAY, 1998.

14. CONSIDER ADOPTION OF ORDINANCE NO. 1922 - PRETREATMENT ORDINANCE
2ND READING

Gordon Pierce presented Ordinance No. 1922 - Pretreatment Ordinance to Council. Councilmember James Huffman made a motion to approve on 2nd reading Ordinance No. 1922 - Pretreatment Ordinance. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried.

COMPLETE ORDINANCE ON FILE

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, SETTING FORTH UNIFORM REQUIREMENTS FOR INDUSTRIAL USERS OF THE WASTEWATER COLLECTION AND TREATMENT WORKS; APPOINTING THE DIRECTOR OF UTILITIES AS ADMINISTRATOR; PROHIBITING AND/OR LIMITING CERTAIN DISCHARGES; REQUIREING 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.

15. RECEIVE CITY MANAGER'S REPORT AND CORRESPONDENCE

Gordon Pierce presented his report and correspondence to the Council

16. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE:
(A) SECTION 551.072, REAL PROPERTY

17. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION

18. HEAR REMARKS FROM VISITORS

19. ADJOURN

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

____________________________________ Henry Madgwick, Mayor
Attest:

____________________________
John Rounsavall, City Secretary
City Council Meeting
May 19, 1998

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