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CITY COUNCIL MEETING STUDENT DAY MAY 6, 1997 7:00 P.M. 1.0 ANNOUNCEMENTS AND PUBLIC HEARINGS A regular meeting of the City Council was held in the City Council Chambers at City Hall, 201 East Nash Street, Terrell, Texas, at 7:00 p.m. with the following members present: COUNCILMEMBER #1 DON L. LINDSEY 1.1 INVOCATION Student Mayor Kenny Woolsey called the meeting to order, and student Mayor ProTem Daniel McCoulskey gave the opening prayer. 1.2 SPECIAL RECOGNITION Student Councilmember Lauren Chitty presented Library Director Rebecca Sullivan with a Mayoral Citation from the Mayor. 1.3 PRESENTATION OF ARLIE WHITE P.R.I.D.E. AWARD Award recipient was not presented, no action taken. 2.0 MINUTES 2.1 CONSIDER APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING HELD APRIL 15, 1997 A motion was made by Councilmember Frances Anderson and seconded by Councilmember Robert Messer to approve minutes of regular meeting held April 15, 1997. 3.0 BIDS 3.1 CONSIDER BIDS AND AWARD OF CONTRACT FOR AIRPORT ROAD/INDUSTRIAL BLVD. PROJECT The following bids were presented to Council for award of contract for Airport Road/ Industrial Blvd Project from Student City Engineer, Brandon Bedford. James Huffman, Council elect expressed his concern about the materials and design to be used for the base of the roadway. He does not believe the decision will be adequate to support the heavy vehicles that will be using the roadway. A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to award contract for Airport Road/Industrial Blvd. Project to low bidder, TISEO Paving, subject to a change order. Ayes all; Nayes none. Motion carried. CITY COUNCIL MINUTES
SUMMARY Schedule 1 - paving improvements 406,921.75 380,637.75 423,960.00 397,280.50 407,826.25 331,595.00 327,555.00 379,975.00 TOTAL BID SCHEDULE for Schedule 1+(1-A)+2+3 3,135,053.35 3,222,383.75 3,332,653.60 3,414,748.10 TOTAL BID SCHEDULE for Schedule 1+(1-B)+2+3 3,135,957.85 3,193,341.00 3,236,248.60 3,397,442.60
The following bids were presented to Council for award of contract for Roofing of Terrell Public Library from Student City Engineer, Brandon Bedford. A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Frances Anderson to award contract for roofing of Terrell Public Library to the low bidder, Moisture Shield, subject to a change order to be executed simultaneously with the contract to reduce bid by $6,814.00, as per recommendation from City Engineer. Ayes all; Nayes none. Motion carried. Bidder
The following bids were presented to Council for award of contract for roofing of Terrell Municipal Airport Main Hangar from Student City Engineer, Brandon Bedford. City Engineer, Stan Ballard, made a recommendation to reject all bids. A motion was made by Frances Anderson and seconded by Mayor ProTem Robert Messer to reject all bids. Ayes all; Nayes none. Motion carried. CITY COUNICL MINUTES
4.0 ROUTINE BUSINESS None 5.0 OLD BUSINESS 5.1 CONSIDER APPROVAL OF ORDINANCE NO. 1874 - MUNICIPAL COURT FINES A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve on second reading the following Ordinance No. 1874. Ayes all; Nayes none. Motion carried. ORDINANCE NO. 1874 AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, BY ADDING SECTION 32: MUNICIPAL COURT FINES AND FEES OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS: THAT Appendix I, Fee Schedule, be amended by adding SECTION 32: MUNICIPAL COURT FINES AND FEES, of the Revised Code of Ordinances of the City of Terrell, Texas: SECTION I. SECTION 32. MUNICIPAL COURT FINES AND FEES The following fines and fees shall be the "Fine Schedule" for the City of Terrell's Municipal Court: No Driver's License Failure to Stop for School Bus
235.00 282.00 1,002.00
All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinances 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 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.
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__________________________________ 6.0 NEW BUSINESS 6.1 CONDUCT CANVASS OF VOTES FOR MUNICIPAL ELECTION HELD MAY 3, 1997 Canvass of votes was determined by Councilmember Jack Jones and Councilmember Tommy Spencer. 6.2 CONSIDER APPROVAL OF CANVASS RESULTS OF MUNICIPAL ELECTION Councilmember Jack Jones reported 22 votes for Frances Anderson, 425 votes for James Huffman, 104 votes for Robert Messer. A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to accept votes. Ayes all; Nayes none. Motion carried.
Mayor Lindsey called Raylan Baker to announce all students who participated in the Terrell High School Day at City Hall. Mayor Kenny Woolsey 6.4 CONSIDER ELECTION OF MAYOR PRO TEM Considered after Executive Session. 6.5 CONSIDER APPROVAL OF RESOLUTION NO. 306 - AIRPORT ROAD/INDUSTRIAL BLVD. FINANCING Councilmember Jack Jones presented Resolution No. 306 to the City Council. A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Frances Anderson to approve on first reading Resolution No. 306 - Airport Road/ Industrial Blvd. Financing. RESOLUTION NO. 306
WHEREAS, Terrell Economic Development Corporation (the "Corporation") was created under the auspices of the City of Terrell (the "City"); and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TERRELL THAT: SECTION 1. The Resolution adopted by the Corporation on May 1, 1997, is substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved, and a loan in the aggregate principle amount of $3,500,000 and the obligations in connection therewith (the "Loan") may be incurred by the Corporation for the purpose of paying all or part of the cost of street and drainage improvements to Airport Road, from State Highway 34 to approximately 200 feet west of Kings Creek and to Industrial Blvd. from approximately 1,000 feet east of State Highway 34 to Airport Road, Terrell, Texas (the "Project") for the specific purpose of the promotion and encouragement of employment and the public welfare. SECTION 2. The "Sales Tax Remittance Agreement" and "Project Agreement", in substantially the form and substance as attached hereto and made a part hereof for all purposes, are hereby approved, and the Mayor and the City Secretary are hereby authorized to execute, attest, seal an deliver the Sales Tax Remittance Agreement and Project Agreement between the City and the Corporation. SECTION 3. The "Letter Agreement" between First Farmers and Merchants Bank, Kaufman, Texas, as agent for itself, First State Bank of Texas, Denton, Texas, and all future holders of the Note (the "Lender") and the Corporation, in substantially the form and substance as attached hereto and made a part hereof for all purposes, is hereby approved, and the Mayor and the City Secretary are hereby authorized to execute, attest, seal and deliver the acceptance of the Letter of Agreement between the Corporation and the Lender. SECTION 4. The levy of the sales tax at the rate of one-half of one percent for economic development pursuant to Section 4A of Article 5190.6, Vernon's Texas civil Statutes, as amended, is hereby confirmed,, and the Articles of Incorporation and Bylaws of Terrell Economic Development Corporation, is initially approved by the City Council on November 20, 1990, are hereby ratified and confirmed as being approved as of that date in all matters. SECTION 5. The officers and employees of the City are hereby authorized and directed to do any and all things necessary in order to accomplish the transactions contemplated by the Loan and to cause the Corporation to duly and lawfully execute and deliver the Note to the Lender. SECTION 6. This Resolution shall become effective immediately.
Councilmember Jack Jones presented Resolution No. 304 to the City Council. A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve on first reading Resolution No. 306 - Tax Abatement For CSI RESOLUTION #304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CONSOLIDATED SYSTEMS, INC. , FOR TAX ABATEMENT OF PROPERTY.
WHEREAS, the Tax Abatement Committee has recommended the approval of the application as ` submitted by Consolidated Systems, Inc., for consideration of abatement of property taxes; and WHEREAS, the City of Terrell, has determined that it will be beneficial to the citizens of Terrell to enter into an Agreement with Consolidated Systems, Inc. for abatement of property taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Terrell, Texas: That the City Manager of the City of Terrell, Texas, enter into an Agreement (Attachment A) with Consolidated Systems, Inc. , for tax abatement of property. PASSED, APPROVED AND ADOPTED this 6th day of May, 1997. __________________________________________ CITY COUNCIL MINUTES
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Councilmember Jack Jones presented Resolution No. 305 to the City Council. A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Frances Anderson to approve on first reading Resolution No. 305 - Tax Abatement for K-L Industries. RESOLUTION #305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KNICKERBOCKER-LOWENTHAL, CORP. FOR TAX ABATEMENT OF PROPERTY.
WHEREAS, the Tax Abatement Committee has recommended the approval of the application as ` submitted by Knickerbocker-Lowenthal, Corp., for consideration of abatement of property taxes; and WHEREAS, the City of Terrell, has determined that it will be beneficial to the citizens of Terrell to enter into an Agreement with Knickerbocker-Lowenthal Corp., for abatement of property taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Terrell, Texas: That the City Manager of the City of Terrell, Texas, enter into an Agreement (Attachment A) with Knickerbocker-Lowenthal Corp., , for tax abatement of property. PASSED, APPROVED AND ADOPTED this 6th day of May, 1997. __________________________________________ CITY COUNCIL MINUTES
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1. SPRAY ADDITION, LOT 11, BLOCK B A motion of consent agenda was made by Councilmember Frances Anderson and seconded by Councilmember Jack Jones to approve the resale of the above mention properties. Ayes all; Nayes none. Motion carried. 6.9 CONSIDER APPROVAL OF CONTRACT OF TERRELL ECONOMIC DEVELOPMENT CORPORATION WITH THE TERRELL CHAMBER OF COMMERCE Jack Jones briefed the council regarding the T.E.D.C. contract. A motion was made by Councilmember Frances Anderson and seconded by Councilmember Tommy Spencer to approve the contract between the Terrell Economic Development Corporation and the Terrell Chamber of Commerce. Ayes all; Nayes none. Motion carried. STATE OF TEXAS } ECONOMIC DEVELOPMENT AGREEMENT This Agreement made this the 1st day of May, 1997, by and between the TERRELL ECONOMIC DEVELOPMENT CORPORATION, hereinafter referred to as "TEDC," and the TERRELL CHAMBER OF COMMERCE, hereinafter referred to as "CHAMBER," who covenant and agree as follows: I. CHAMBER agrees to provide a full range of economic development
services to TEDC which includes, but is not limited to, the following:
CHAMBER agrees that it will seek to achieve economic benefit for TEDC through all such activities, and that it will serve as an advisory body to TEDC, on request, in matters related to expanding the economic development of the City of Terrell. III. Chamber shall provide to TEDC periodic reports, at least annually, on the activities that are conducted to benefit TEDC. IV. This Agreement shall begin on the 1st day of June, 1997, and shall remain in effect until terminated by the parties. Either party may terminate this agreement upon sixty (60) days written notice to the other party. It is agreed that any and all programs or services under contract by CHAMBER at the time of termination up to a maximum of one year shall be completed. V. No part of this Agreement may be assigned or delegated without the prior written consent of the other party, and any attempted assignment of benefits or rights or delegation of duties or obligations shall be a breach of this Agreement. VI. This Agreement is based on a monthly payment of $3,500.00 by TEDC to CHAMBER with the check to be written upon receipt of an invoice from the CHAMBER. VII. TEDC and CHAMBER agree that there shall be no charges, additions or modifications of any type to this Contract unless such are in writing and signed by authorized representatives of CHAMBER and TEDC. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. TERRELL ECONOMIC DEVELOPMENT CORPORATION
TERRELL CHAMBER OF COMMERCE
CITY COUNCIL MINUTES
A motion was made by Councilmember Jack Jones and seconded by Councilmember Frances Anderson to approve the 1996 Financial Audit Report. Ayes all; Nayes none. Motion carried. 6.11 CONSIDER APPROVAL OF HOUSING REHABILITATION RANKING LIST Student City Manager, Josh Zielinski, presented to the City Council, the Housing Rehabilitation Ranking List from the consultant for the Housing Rehabilitation Program. A motion was made by Councilmember Frances Anderson and seconded by Councilmember Jack Jones to approve the Housing Rehabilitation Ranking List. Ayes all; Nayes none. Motion carried. 6.12 CONSIDER APPROVAL OF FINAL PLAT - TOWN NORTH ESTATES #2, INSTALLMENT #2 City Engineer, Stan Ballard, presented final plat - Town North Estates #2, Installment #2 and recommended approval of the plat. Developer, James Jordan, gave presentation regarding construction and answered questions from student councilmembers and student City manager. A motion was made by Councilmember James Huffman and seconded by Councilmember Frances Anderson to approve final plat for Town North Estates #2, Installment #2. Ayes all; Nayes none. Motion carried. 6.13 CONSIDER APPROVAL OF RESUBDIVISION OF LOT 4B, BLOCK 52, ORIGINAL TOWN Mr. Ballard presented to council the resubdivision proposals of resubdivision of Lot 4B, Block 52, Original Town. A motion was made by Councilmember Jack Jones and seconded by Councilmember Frances Anderson to approve the resubdivision of lot 4b, block 52, Original Town. Ayes all; Nayes none. Motion carried. 6.14 CONSIDER APPROVAL OF RESUBDIVISION OF LOT 2A, BLOCK B, METRO EAST Mr. Ballard presented to council the resubdivision proposal of resubdivision of Lot 2a, Block B Metro East. A motion was made by Councilmember Jack Jones and seconded by Councilmember James Huffman to approve resubdivision of Lot 2A, Block B, Metro East. Ayes all; Nayes none. Motion carried. 6.15 CONSIDER APPROVAL OF REQUEST FOR VARIANCE ON THE TIMBERS ADDITION Mr. Ballard presented to council the request for variance on the Timbers Addition. A motion was made by Councilmember Jack Jones and seconded by Councilmember Frances Anderson to approve the request for variance on the Timbers Addition. Ayes all; Nayes none. Motion carried.
Mr. Ballard presented request for additional funding for a traffic study at Rockwall at Grove. Councilmember Jack Jones expressed concern on funding of improvements that study may recommend. A motion was made by Councilmember Jack Jones and seconded by Councilmember Frances Anderson to table this item. Ayes all; Nayes - Tommy Spencer. Motion carried. 6.17 CONSIDER APPROVAL OF RHODES ADDITION SUBDIVISION Mr. Ballard presented to the council, the proposed resubdivision of Rhodes Addition. A motion was made by Councilmember Frances Anderson and seconded by Councilmember Tommy Spencer to approve the Rhodes Addition Subdivision with the stipulation that taxes on the property be paid. Ayes all; Nayes none. Motion carried. 7.0 DISCUSSION ITEMS 9.0 HEAR REMARKS FROM VISITORS
8.1 ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH TITLE 5, GOVERNMENT CODE V.T.C.S., CHAPTER 551, OPEN MEETINGS, SECTION 551.074: PERSONNEL MATTERS 8.2 RECONVENE INTO REGULAR SESSION 6.4 CONSIDER ELECTION OF MAYOR PRO TEM A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to elect Councilmember Frances Anderson as Mayor ProTem. Ayes all; Nayes none. Motion carried.
There were no other matters discussed or acted on at this
meeting. ____________________________________ _________________________________________
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