Minutes 

SPECIAL CITY COUNCIL MEETING

MAY 26, 1998

7:00 P.M.

A special meeting of the Terrell City Council was held Tuesday, May 26, 1998 in the Council Chambers at 201 East Nash Street 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

Councilmember James Huffman gave the opening prayer.

3. DISCUSS AND CONSIDER ADOPTION OF RESOLUTION NO. 323 - CDBG INFRASTRUCTURE FUNDS

City Manager Gordon Pierce presented to Council for discussion for consideration Resolution No. 323 - CDBG Infrastructure Funds.

Ron Pegram, Mitchell Duncan, Ray Smith spoke in opposition of Resolution No. 323. Debra Kelly, Zanderlyn Spencer, Virginia English, Eishus Donely, and Phyllis Walker spoke in support of Resolution No. 323.

Councilmember Frances Anderson made a motion to approve Resolution NO. 323. The ;motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 323

A RESOLUTION OF THE CITY OF TERREL, TEXAS, APPROVING AND AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS/HOUSING INFRASTRUCTURE FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM.

WHEREAS, the City Council of the City of Terrell desires to develop decent housing and a suitable living environment principally for persons of low/moderate income; and

WHEREAS, it is necessary and in the best interest of the City of Terrell to apply for funding under the 1998 Texas Community Development Program;

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

SECTION 1. That a Texas Community Development Program application for the Housing Infrastructure Fund is hereby approved and authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs.

SECTION 2. That the City's application be considered for funding under the Housing Infrastructure Fund.

SECTION 3. That the City's application be for $500,000 to provide necessary water/sewer and streets/drainage improvements to support a new housing development.

SECTION 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and authorized representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program.

SECTION 5. That it further be stated that the City is waiving water and sewer tap fees together with building permit fees valued at $24,000 as an in-kind contribution toward the construction activities of this water/sewer and streets/drainage improvements project, together with a cash match of $20,000 for a portion of administration costs associated with this project.

This resolution is passed and approved on this 26th day of May 1998.

4. CONSIDER ADOPTION OF ORDINANCE NO. 1927 - R.O.W. ABANDONMENT OF PUBLIC RIGHT-OF-WAY; ELM BETWEEN ROCKWALL AND MORRIS

Gordon Pierce presented Ordinance No. 1927 - R.O.W. Abandonment of Public Right-of-Way; Elm between Rockwall and Morris to the Council for approval of 2nd reading.

Councilmember Tommy Spencer made a motion to approve Ordinance No. 1927. 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, KAUFMAN COUNTY, TEXAS, VACATING AND ABANDONING A PORTION OF ELM STREET RIGHT-OF-WAY BETWEEN ROCKWALL AND MORRIS, MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND PROVIDING THAT IT SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION.

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

WHEREAS, a petition, signed by adjacent property owners requesting the Elm Street right-of-way between Rockwall and Morris Streets 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 Elm Street right-of-way between Rockwall and Morris Streets within the City of Terrell, Kaufman County, Texas, be and is hereby closed and abandoned:

SITUATED in Kaufman County, Texas, within the corporate limits of the City of Terrell, a part of the F. E. Houston Survey, Abstract No. 212, and being a portion of the right-of-way (R.O.W.) dedicated for public street purposes by the plat of Paschals Addition to said City, as recorded on 22 April 1890 in Vol. 51, Page 148, of the deed records of said County, and being more particularly described as follows:

BEGINNING at the Southeast corner of Block 165 of said Addition, said corner being the intersection of the North R.O.W. line of Elm Street with the West R.O.W. line of Morris (formerly, Medora) Street;

THENCE Southerly, with the said West line of Morris, a distance of 55 feet, more or less, to the Northeast corner of Block 164 of said Addition;

THENCE Westerly, with the South line of Elm St., the common North line of said Block 164, a distance of 190 feet, more or less, to corner in the Northwest line of the said Paschals Addition;

THENCE Northeasterly, with said line, a distance of 78 feet, more or less, to the West corner of the above said Block 165;

THENCE Easterly, with the North line of Elm St., the common South line of said Block 165, a distance of 145 feet, more or less, to the PLACE OF BEGINNING, and containing 0.2 acre, more or less.

(NOTE that all the above distances are based on scaling a reproduction of the original plat of Paschal's Addition. This was necessary because the plat provides no dimensions in the subject area.)

Said right-of-way referenced above are hereby vacated and abandoned; and every claim, right or rights, either the City of Terrell, Texas, or the public generally has in and to said right-of-way are hereby released and relinquished forever and whatever control, right of control, jurisdiction and dominion the City of Terrell has, either for itself or on behalf of the public generally, over the right-of-way is hereby abandoned so that the City of Terrell neither for itself nor on behalf of the public generally, shall hereafter have or assert any claim or right whatsoever to the same or any part thereof.

ARTICLE II.

If any section, provision, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Terrell, Texas, hereby declares it would have enacted such remaining portions, despite such invalidity.

ARTICLE III

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

ARTICLE IV

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 V

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 19th DAY OF MAY, 1998.
PASSED AND ADOPTED THIS 26TH DAY OF MAY, 1998.

5. GENERAL DISCUSSION

6. 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

Special City Council Meeting
May 26, 1998

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