Minutes 

CITY COUNCIL MEETING

JULY 21, 1998

7:00 P.M.

1. CALL TO ORDER

A regular meeting of the Terrell City Council was held on Tuesday, July 21, 1998 in the City Council Chambers at 7:00 P.M. with the following members present:

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

2. INVOCATION

Dr. Horace Flatt gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF JULY 7, 1998

Councilmember Lee Schaeffer made a motion to approve the City Council Regular Meeting Minutes of July 7, 1998. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

4. CONSIDER BIDS AND AWARD OF CONTRACT FOR STREET MAINTENANCE/IMPROVEMENT PROGRAM (97-01.7).

City Manager Gordon Pierce presented to Council bids for award of contract for Street maintenance/improvement program (97-01.7). Councilmember Frances Anderson made a motion to award bid and contract to Affordable Concrete and Asphalt of Plano in the amount of $439,249.25. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

5. CONSIDER BIDS AND AWARD OF CONTRACT FOR STREET/MAINTENANCE/IMPROVEMENT PROGRAM (97-01.8)

City Manager Gordon Pierce presented to Council bids for award of contract for Street maintenance/improvement program (97-01.8). Councilmember James Huffman made a motion to reject the bid of Contract Street/Maintenance/Improvement Program (97-01.8). The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

6. CONSIDER ADOPTION OF RESOLUTION NO. 326 - REVISION TO HOME PROGRAM GUIDELINES

City Manager Gordon Pierce presented to Council for consideration to adopt on 1st reading Resolution No. 326 - Revision to HOME Program Guidelines. Councilmember Tommy Spencer made a motion to approve Resolution No. 326 - Revision to HOME Program Guidelines. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 326

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AUTHORIZING A REVISION TO THE HOME PROGRAM GUIDELINES ESTABLISHED AS PART OF THE CITY'S HOME PROGRAM REHABILITATION PROGRAM.

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

WHEREAS, there is a need to ensure that sufficient funds are made available to each HOME Program participant; and

WHEREAS, there is a need for the rehabilitation of substandard housing units in the city.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TERRELL, TEXAS:

1. That the HOME Program Guidelines be revised to allow for a maximum assistance of $22,300 per HOME project.

PASSED AND APPROVED THIS THE 21st DAY OF JULY, 1998.


7. CONSIDER APPROVAL OF MULTIJURISDICTIONAL PRETREATMENT AGREEMENT AND PRETREATMENT BUDGET AGREEMENT WITH NTMWD, EFFECTIVE AUGUST 1, 1998

City Manager Gordon Pierce presented to Council for approval Multijurisdictional Pretreatment Agreement and Pretreatment Building Agreement with North Texas Municipal Water District, Effective August 1, 1998.

Discussion: Councilmember Tommy Spencer wanted to know the time limit on the contract. City Manager Gordon Pierce responded twelve months with thirty day notice for termination.

Councilmember Tommy Spencer made a motion to approve Multijurisdictional Pretreatment Agreement and Pretreatment Budget Agreement with North Texas Municipal Water District, effective August 1, 1998. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

See attached Exhibit 1

8. CONSIDER APPROVAL OF CENSUS 2000 COMPLETE COUNT COMMITTEE PROGRAM

City Manager Gordon Pierce presented to Council for approval Census 2000 Complete Count Committee Program.

There was no action taken.

9. CONSIDER APPROVAL OF ORDINANCE NO. 1936 - ALLOWING FOR STAGGERED TERMS ON THE CONSTRUCTION BOARD OF ADJUSTMENTS

Gordon Pierce presented to Council for consideration to approve on 1st reading Ordinance No. 1936 - Allowing staggered terms on the Construction Board of Adjustments. Councilmember Frances Anderson made a motion to approve 1st reading of Ordinance No. 1936 - Allowing for staggered terms on the Construction Board of Adjustments. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1936

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 4, BUILDING REGULATIONS, SECTION 21 CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS, TERRELL CITY CODE, REVISED; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

10. CONSIDER RESALE OF PROPERTY DESCRIBED AS FOLLOWS:

A. Dewberry 2nd, Block 5, Lot 5
B. Terrell Revised, Block 263

City Manager Gordon Pierce presented to the Council for consideration of resale of property described as follows:

A. Dewberry 2nd, Block 5, Lot 5
B. Terrell Revised, Block 263

Councilmember Tommy Spencer made a motion to approve resale of property described as Dewberry 2nd, Block 5, Lot 5 and Terrell Revised, Block 263. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

11. CONSIDER SCHEDULING OF THE FOLLOWING:

C. City Council/Staff Workshop
D. Date, time, and place for public hearing concerning railroad crossing closures

C. City Council/Staff Workshop

City Manager Gordon Pierce presented the date for the City Council/Staff Workshop on August 22, 1998. The located is to be determined.

D. Date, time, and place for public hearing concerning railroad crossing closures

City Manager Gordon Pierce announced the City was not prepared to announce date, time and place for public hearing concerning railroad crossing closures.

CONSENT AGENDA

12. CONSIDER ADOPTION ON SECOND READING OF ORDINANCE NO. 1932 - TOURISM BOARD

City Manager Gordon Pierce presented Ordinance No. 1932 - Tourism Board to Council for approval on Second Reading. Councilmember James Huffman made a motion to approve Ordinance No. 1932 - Tourism Board . The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1932

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, ADDING CHAPTER 2, SECTION 11, CITY OF TERRELL CODE OF ORDINANCES; ESTABLISHING THE TERRELL TOURISM BOARD; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL:
ARTICLE I.
That Chapter 2, Section 11, TERRELL TOURISM BOARD, shall be added to the City of Terrell Code of Ordinances establishing the Terrell Tourism Board to advise the City Council on any manner relative to promotion of tourism and to develop and maintain a plan for promoting tourism in Terrell and the immediate area.
Chapter 2, Section 11, shall hereafter read as follows:
Section 11: TERRELL TOURISM BOARD

A. Responsibilities

1. Advisory

The responsibility of the Terrell Tourism Board shall be to serve, upon request, as an advisory group to the Terrell City Council on any manner relative to the promotion of tourism.

2. Planning

To develop and maintain a plan for promoting tourism in the City of Terrell and the immediate area, to be submitted for the approval of the Terrell City Council.

B. Objective

The primary objective of the Terrell Tourism Board is to attract as many people as possible to the City of Terrell on as many days of the year as possible and thus enhance local motel occupancy rates.
C. Execution

The Terrell Tourism Board shall further promote understanding in the community of the plan so as to receive the cooperation and contribution of all affected groups; to encourage and/or solicit any contractors required to help fulfill the plan; to monitor progress of all contractors; and prepare an annual report to the Terrell City Council regarding the accomplishments of the Terrell Tourism Board.

D. Membership

1. Members of the Terrell Tourism Board shall be appointed by the Terrell City Council to best ensure representation of all affected groups. The Terrell Tourism Board shall consist of five (5) members representing the following areas:

Hotel/Motel Industry
Restaurant Industry
Historical Preservation interests
Commercial/Retail Business
Public at Large.

2. The members of the Terrell Tourism Board shall be residents of the City of Terrell.

E. Election of Officers

The members of the Terrell Tourism Board shall elect a Chairman, Vice-Chairman and Secretary/Treasurer on an annual basis.

F. Term of Office

The term of office will be for a three (3) year term. Initially, each member shall serve for one (1) term of three (3) years, to be followed (if reappointed) by two designated members serving for an additional term of one (1) year; two (2) designated members shall serve for an additional term of two years; and one (1) designated member shall serve an additional term of three (3) years. Thereafter, each appointment to the Terrell Tourism Board shall serve a term of three (3) consecutive years. No person shall serve more than two consecutive terms.

G. Meetings

Meetings of the Terrell Tourism Board shall be held at all times and places as determined by the Board, but at least bimonthly. At least one meeting shall be devoted to hearing any proposals for use of tax monies from representatives of any organization eligible under the governing law to spend tourism tax monies. A quorum of the Board shall consist of at least one officer and two other officers or members of the Board.

H. Budget

1. On or before May 1 of each year, the Terrell City Council shall determine the maximum amount and/or percentage of monies to be expended during the next fiscal year.

2. On or before July 15 of each year, qualified agencies shall submit budget requests/proposals to the City Manager of the City of Terrell.

3. On or before August 1 of each year, the Terrell Tourism Board shall submit to the Terrell City Council, a copy of all requests for funds which have been submitted to the Board, together with its written recommendations for expenditures. A copy of the current plan for tourism shall be submitted at the same time for the review and any required approval of the Terrell City Council.

4. On or before December 1 of each year, the Terrell Tourism Board shall submit to the Terrell City Council a report outlining accomplishments of the Board during the prior fiscal year.

5. As a part of the annual budget process, the Board may request the allocation of funds for specific professional services required for the work of the Board.

I. Funds

Each person or organization requesting consideration of funds shall appear before the Terrell Tourism Board with a written proposal containing as a minimum the following:

1. The purpose for which the funds are requested. This purpose may be an event (e.g. Heritage Jubilee), project (e.g. restoration of Robert Terrell House), or program (e.g. operation of monthly historical tour) or other purpose under Subsection (a), Section 351.101 of the governing law.

2. A statement setting forth how the expenditure will directly enhance and promote tourism and the convention and hotel industry as outlined in Subsection (a), Section 351.101 of the governing law.

3. A budget proposal showing a statement of their expected costs. The costs consisting of:

(a) Salary costs (actual salary plus taxes plus benefits) in proportion to the time each employee involved works on the project.
(b) All other costs entirely attributed to conducting the project (printing brochures, conducting tours, restoring buildings, etc.). These costs need to be itemized.

(c) Other administrative expenses associated with the project in proportion to the time actually spent on the project by employees.

Example:
Three individuals work on a project. The first has a salary of $24,000 and spends 100% of their time on the project; the second has a salary of $40,000 and spends 10% of their time on the project, and the third has a salary of $20,000 and spends 13% of their time on the project. Then the allowed salary costs would be $24,000 + $4,000 + $2,600 = $30,000. All other costs will be itemized, including the administrative costs. Suppose the applicant has total administrative costs of $100,000 in the areas associated with the project, then the administrative cost is computed by multiplying the average time spent by all employees by the total administrative cost.
If the applicant has only three employees in all, then the average time is (100% + 10% + 13%)/3 = 41%, then the allowed administrative cost is $41,000. If the applicant has more employees other than those involved in the project, for example 5 employees, then the average time is (100% + 10% + 13%)/5 = 24.6% and the allowed administrative cost is $24,600.

4. No funds will be disbursed until the City Council has approved in writing the project and the proposed budget. The successful applicants must submit quarterly reports detailing all expenditures. These reports are subject to an audit; any expenses not allowed will not be reimbursed.

5. A statement that the person or organization has an accounting system in place which will permit the preparation and review of all financial reports in accordance with the governing law.

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.
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.
Passed and approved this 16th day of June, 1998.
Passed and adopted this 21st day of July, 1998.

13. CONSIDER ADOPTION ON SECOND READING OF ORDINANCE 1928 ANNEXATION OF 0.56 ACRES, J.C. HALE SURVEY, ABSTRACT 202, KAUFMAN COUNTY, TEXAS

City Manager Gordon Pierce presented Ordinance No. 1928 - Annexation of 0.56 acres, J.C. Hale Survey, Abstract 202, Kaufman County Texas to Council for approval on second reading. Councilmember James Huffman made a motion to approve second reading of Ordinance No. 1928 - Annexation of 0.56 acres, J.C. Hale Survey, Abstract 202, Kaufman County, Texas. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1928

AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED PROPERTY TO THE CITY OF TERRELL, TEXAS, AND EXTENDING THE BOUNDARIES OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID PROPERTY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE SAID CITY.

WHEREAS, the City of Terrell is authorized to annex property in accordance with V.T.C.A., Local Government code, Section 43.021 and its home-rule charter and by statute;

WHEREAS, said property proposed to be annexed is within the city's extraterritorial jurisdiction and is contiguous to the City;

WHEREAS, the City has prepared a service plan for said property, which is attached as Exhibit "A" to this Ordinance;

WHEREAS, the City has published notice of hearings on said annexation and held hearings as required by state law; and

WHEREAS, after hearing arguments for and against the same the governing body has voted to annex said property into the City under the authority of Section 43.021 of the Local Government Code.

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

SECTION 1. That the property hereinafter described is hereby annexed into the City, and that the boundary limits of the City of Terrell are hereby extended to include said property within the City Limits of the City of Terrell and the same shall hereafter be included within the territorial limits of said City, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the acts and ordinances of said City.

BEING a tract or parcel of land situated in the J. C. Hale Survey, Abstract 202, Kaufman County, Texas, and further being a part of the Branch Carter Subdivision, an Addition to the City of Terrell recorded in Volume 10, Page 2, Plat Records, Kaufman County, Texas, said tract being more particularly described as follows:

COMMENCING at the East corner of said Addition said point being located on the previous Right of Way line of F. M. 148;

THENCE: North 42° 55'00" West, along the Northeasterly line of said Subdivision, a distance of 30.00 feet to the present Northwest R.O.W. line of F.M. 148;

THENCE: South 47° 5'00" West, along said Northwest R.O.W. line, a distance of 28.40 feet to the Southerly City of Terrell City Limit Line and the POINT OF BEGINNING;

THENCE: Continuing along said Northwest R.O. W. line, South 47° 05'00" West a distance of 146.60 feet to a 1/2" iron rod set for a corner.

THENCE: North 42° 55'00" West a distance of 218.92 feet to a 1/2" iron rod set for a corner,

THENCE: North 47° 05'00" East a distance of 74.37 feet to a 1/2" iron rod set on the Southerly City of Terrell City Limit Line;

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 portion, despite such invalidity.

ARTICLE III.

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

ARTICLE IV.

This ordinance will take effect immediately from and after its passage the publication of the caption as the law in such cases provides.

PASSED AND APPROVED THIS 7TH DAY OF JULY, 1998
PASSED AND ADOPTED THIS 21ST DAY OF JULY, 1998

14. CONSIDER ADOPTION ON SECOND READING OF ORDINANCE 1933 - TRAFFIC SIGN, MORRIS AT ALAMO

City Manager Gordon Pierce presented Ordinance No. 1933 - Traffic Sign, Morris at Alamo to Council for approval on second reading. Councilmember James Huffman made a motion to approve Ordinance No. 1933 - Traffic Sign, Morris at Alamo. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried.
ORDINANCE NO. 1933

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AUTHORIZING THE INSTALLATION OR MODIFICATION AND MAINTENANCE OF REGULATORY TRAFFIC CONTROL SIGNAGE AT THE INTERSECTION OF ALAMO STREET AND MORRIS STREET WITHIN SAID JURISDICTION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.

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

ARTICLE I.

THAT in accordance with Chapter 11, Section 35, of the City of Terrell, 1986 Revised Code of Ordinances and following engineering investigation, the installation of YIELD signs conforming to the following schedule is hereby authorized and directed:

INTERSECTION APPROACHES TO YIELD

Alamo at Morris Southbound Morris
Alamo at Morris Northbound Morris

ARTICLE II.

THAT the YIELD sign assigns right-of-way to traffic on certain approaches to an intersection, and drivers or operators of vehicles approaching such signs shall stop when necessary to avoid interference with other traffic that is given the right-of-way.

ARTICLE III.

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

ARTICLE IV.

This ordinance shall 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 7TH DAY OF JULY, 1998.
PASSED AND ADOPTED THIS 21ST DAY OF JULY, 1998.

15. RECEIVE CITY MANAGER'S REPORT AND CORRESPONDENCE

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

See attached Exhibit 2.

16. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE:
e. Section 551.071, Contemplated Litigation, Wastewater Treatment Plant
f. Section 551-074, Personnel Matters, City Manager Evaluation

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

No action was taken 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

Please report any problems
to Word Works