Minutes 

CITY COUNCIL MEETING

JUNE 1, 1999

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, June 1, 1999 in the Council Chambers at 201 East Nash Street, Terrell, Texas with the following members present:

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

1. CALL TO ORDER

Mayor Henry Madgwick called the meeting to order.

2. INVOCATION

Reverend Joe Goolsby gave the opening prayer.

3. PRESENTATION - PLAQUE FOR RETIREE, LARRY MOORE

Mayor Henry Madgwick presented Larry Moore with a plaque for 28 years of service to the City of Terrell. Councilmember Frances Anderson presented Mrs. Moore with flowers.

NEW BUSINESS

4. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF MAY 18, 1999

Councilmember James Huffman had one correction (name misspelled). Councilmember Frances Anderson made a motion to approve the City Council Regular Meeting Minutes of May 18, 1999 subject to corrections. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

5. DISCUSS AND CONSIDER CONTRACT FOR THE ASSESSMENT/COLLECTION OF AD VALOREM TAXES FROM KAUFMAN COUNTY TAX ASSESSOR - COLLECTOR

City Manager Gordon Pierce presented to Council for consideration a contract for the assessment/collection of Ad Valorem Taxes from Kaufman County Tax Assessor Collector. Councilmember Lee Schaeffer made a motion to approve the contract for the assessment/collection of Ad Valorem Taxes form Kaufman County Tax Assessor Collector not to exceed $7000.00.

6. DISCUSS AND CONSIDER AWARDING CONTRACT FOR GRANT ADMINISTRATION SERVICES FOR NUCOR/TEXAS CAPITAL FUND GRANT PROJECT

City Manager Gordon Pierce presented to Council for consideration awarding contract for grant administration services to Tim Glendenning and Associates for NUCOR/Texas Capital Fund Grant Project. Councilmember James Huffman made a motion to award contract for grant administration services to Tim Glendenning and Associates, the amount not to exceed $55,000.00, for NUCOR/Texas Capital Fund Grant Project subject to formal receipt of $1,000,000.00 grant. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER BIDS AND AWARD OF CONTRACT:
a) PURCHASE OF POLICE UNIFORMS

City Manager Gordon Pierce presented to Council for consideration bids and award of contract for purchase of police uniforms. Councilmember Lee Schaeffer made a motion to award contract for police uniforms to low bidder C & G Wholesale for the bid amount of $12,870.00. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

b) PROJECT NO. 99-01.2, WATER AND SEWER IMPROVEMENTS

City Manager Gordon Pierce presented to Council for consideration bids and award of contract for Project No. 99-01-2, Water and Sewer Improvements. Councilmember James Huffman made a motion to award contract for Project No. 99-01.2, Water and Sewer Improvements to low bidder Sperling Company for the bid amount of $1,211,051.00 with the stipulation that time be modified to 270 calendar days. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

8. DISCUSS AND CONSIDER REQUEST FROM GILBERT NETWORK SERVICES FOR USE OF 2700 HIGHWAY 80 EAST (OLD WATER PLANT SITE)

City Manager Gordon Pierce and Robby Brannon, Streets Foreman, presented to Council for consideration request from Gilbert Network Services for use of 2700 Highway 80 East (Old Water Plant Site). Councilmember Frances Anderson made a motion to authorize the City Attorney to draft a letter of agreement. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

9. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1971 - AMENDING ORDINANCE NO. 1745 - PROVIDING FOR THE COLLECTION OF A HOTEL OCCUPANCY TAX
1st reading

City Manager Gordon Pierce presented to Council for consideration to approve Ordinance No. 1971 - Amending Ordinance No. 1745 - Providing for the Collection of Hotel Occupancy Tax on first reading. Councilmember James Huffman made a motion to approve Ordinance No. 1971 - Amending Ordinance No. 1745 - Providing for the Collection of a Hotel Occupancy Tax on first reading. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1971

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING ORDINANCE NO. 1745 PROVIDING FOR THE COLLECTION OF A HOTEL OCCUPANCY TAX; INCREASING THE PENALTY FOR FAILURE TO REPORT OR COLLECT THE TAX; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING A SEVERABILITY CLAUSE.

10. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1973 - AMENDING RESIDENCY REQUIREMENTS FOR DIRECTOR OF CIVIL SERVICE
1st reading

City Manager Gordon Pierce presented to Council for consideration to approve on first reading Ordinance No. 1973 - Amending Residency Requirements for Director of Civil Service. Councilmember Lee Schaeffer made a motion to approve Ordinance No. 1973 - Amending Residency Requirements for Director of Civil Service on first reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 1973

AN ORDINANCE OF THE CITY OF TERRELL, AMENDING TERRELL CITY CODE; CHAPTER 9, PERSONNEL, SECTION 8, CIVIL SERVICE, PARAGRAPH B. DIRECTOR OF CIVIL SERVICE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

11. DISCUSS AND CONSIDER PROPOSED PLAN AS DEVELOPED BY THE TERRELL TOURISM BOARD

City Manager Gordon Pierce, Laura Wolfe and Dr. Horace Flatt presented to Council for consideration the proposed plan as developed by the Terrell Tourism Board. Councilmember James Huffman made a motion to approve the proposed plan as developed by the Terrell Tourism Board for 1999-2000. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

City Manager Gordon Pierce announced Lisa Carmona's resignation from the Tourism Board.

12. HEAR REMARKS FROM VISITORS

None were made.

OLD BUSINESS
CONSENT AGENDA

13. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1968 - AMENDING CHAPTER 7, SECTION 8 OF THE CODE OF ORDINANCES, COMMERCIAL WASTE COLLECTION FRANCHISE
2nd reading

City Manager Gordon Pierce presented to Council for consideration to adopt Ordinance No. 1968 - Amending Chapter 7, Section 8 of the Code of Ordinances, Commercial Waste Collection Franchise on second reading. Councilmember Lee Schaeffer made a motion to adopt Ordinance No. 1968 - Amending Chapter 7, Section 8 of the Code of Ordinances, Commercial Waste Collection Franchise on second reading. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1968

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 7, SECTION 8; OF THE CITY OF TERRELL CODE OF ORDINANCES; COMMERCIAL WASTE COLLECTION FRANCHISE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

ARTICLE I.

THAT, Chapter 7, Health and Sanitation, Section 8 Commercial Waste Collection Franchise, shall be amended in accordance with the instruction of the Terrell City Council.

Chapter 7, Section 8, Subsection B; shall hereafter read as follows:

TERM

Prospective franchisees shall make application to the City Manager to be considered for a franchise under the covenants of this section. Said franchise, if granted, shall remain in effect for the term set forth in said franchise agreement or until the next succeeding January 1, when each franchisee is eligible to renew its franchise. Each application shall provide information including, but not limited to: company name, operation address, client listing and standard operating procedures. Filing deadline for either original service or renewal shall be November 1, preceding the applicable January 1.

Chapter 7, Section 8, Subsection M; shall be deleted and shall hereafter read as follows:

TRANSFER OR ASSIGNMENT OF FRANCHISE

The franchise agreement may be transferred or assigned upon obtaining prior written approval of the City of Terrell. Said assignee or transferee shall comply with all requirements for obtaining an original franchise under this section and any other terms and conditions set forth by the City of Terrell.

ARTICLE II.

That the terms and provisions of this ordinance are severable and are governed by all applicable Sections of the City of Terrell Code of Ordinances, as amended. Any and all subsections of Section 8 not expressly amended by this ordinance shall remain in full force and effect.

ARTICLE III.

That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Terrell, and it is accordingly so ordained.

ARTICLE IV.

PASSED AND APPROVED THIS 18TH DAY OF MAY 1999.
PASSED AND ADOPTED THIS 1ST DAY OF JUNE 1999.

14. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE

City Manager Gordon Pierce presented a letter from John Montgomery to FUJI.

City Manager Gordon Pierce spoke to Council regarding rate study presentation at the Budget Workshop.

City Manager Gordon Pierce spoke to Council regarding Thursday's workshop on credit card and exterior elevations.

City Manager Gordon Pierce presented a letter from Terrell State Hospital regarding utility rates.

City Manager Gordon Pierce presented a letter to Council responding to the Terrell Police Officer's Association regarding Civil Service Director.

Councilmember James Huffman commented that recently Governor George Bush appointed J.A. Flatt to the Texas Historical Commission. Council authorized a letter to congratulate J.A. Flatt. Mayor Henry Magdwick commented on the June 14th Proclamation at 3:00 P.M.

15. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE SECTION 551.074 - PERSONNEL MATTERS - CITY MANAGER EVALUATION

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

No action taken.

17. 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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