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Minutes 

REGULAR CITY COUNCIL MEETING

JULY 3, 2001

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, July 3, 2001 in the City Council Chambers at 5:30 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 RICK CARMONA

1. CALL TO ORDER.

Mayor Henry C. Madgwick called the meeting to order.

2. INVOCATION.

Mayor Henry Madgwick gave the opening prayer.

3. SPECIAL PRESENTATION.

Mayor Henry Madgwick presented Charlotte Gilmore a proclamation.

4. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF JUNE 5, 2001, SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 11, 2001 AND REGULAR CITY COUNCIL MEETING MINUTES OF JUNE 15, 2001.

Mayor Pro tem Frances Anderson made a motion to approve the City Council Regular Meeting Minutes of June 5, 2001, Special City Council Meeting Minutes of June 11, 2001 and Regular City Council Meeting Minutes of June 15, 2001. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

New Business

5. RECEIVE AND CONSIDER FINANCIAL AUDIT REPORT FOR FISCAL YEAR 1999-2000.

Frank Hinton, City Auditor, presented to Council for consideration the Financial Audit Report for Fiscal Year 1999-2000. Councilmember Lee Schaeffer made a motion to accept the Financial Audit Report for Fiscal Year 1999-2000. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

6. DISCUSS AND CONSIDER TERRELL ECONOMIC DEVELOPMENT CORPORATION RECOMMENDATION FOR DENNY'S/EXXON WATER & SEWER EXTENSION.

Danny Booth presented to Council for discussion and consideration Terrell Economic Development Corporation Recommendation for Denny's/Exxon Water & Sewer Extension. Mayor Pro tem Frances Anderson made a motion to approve the Terrell Economic Development Corporation Recommendation for Denny's/Exxon Water & Sewer Extension with the City cost of $30,0000 and T.E.D.C. cost of $25,000. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

7. CONSIDER APPROVAL OF CHANGE ORDER NO. 1 TO THE AGREEMENT WITH AUSTIN BRIDGE AND ROAD FOR DOWNTOWN ACCESSIBILITY, PAVEMENT MAINTENANCE AND RELATED IMPROVEMENTS.

City Engineer Stan Ballard presented to Council for discussion and consideration Change Order No. 1 to the Agreement with Austin Bridge and Road for Downtown Accessibility, Pavement Maintenance and Related Improvements. Councilmember Rick Carmona made a motion to approve Change Order No. 1 to the Agreement with Austin Bridge and Road for Downtown Accessibility, Pavement Maintenance and Related Improvements not to exceed $13,000. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

8. CONSIDER APPROVAL OF CHANGE ORDER NO. 2 TO THE AGREEMENT WITH AUSTIN BRIDGE AND ROAD FOR DOWNTOWN ACCESSIBILITY, PAVEMENT MAINTENANCE AND RELATED IMPROVEMENTS.

City Manager Gordon Pierce presented to Council for discussion and consideration Change Order No. 2 to the Agreement with Austin Bridge and Road for Downtown Accessibility, Pavement Maintenance and Related Improvements. Mayor Henry Madgwick made a motion to approve Change Order No. 2 to the Agreement with Austin Bridge and Road for Downtown Accessibility, Pavement Maintenance and Related Improvements. The motion was seconded by Councilmember Rick Carmona. Ayes - Mayor Henry Madgwick and Rick Carmona. Nayes - Mayor Pro tem Frances Anderson, Lee Schaeffer, and Tommy Spencer. Motion denied.

9. DISCUSS AND CONSIDER DISPOSITION OF UTILITY WAREHOUSE ON FM 148.

City Manager Gordon Pierce presented to Council for discussion and consideration Disposition of Utility Warehouse on FM 148. Councilmember Tommy Spencer made a motion to clear the property and place on the market. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

10. DISCUSS AND CONSIDER SETTING DATES FOR WORKSHOP ON SOFTBALL COMPLEX MASTER PLAN.

City Manager Gordon Pierce presented to Council for discussion and consideration setting dates for Workshop on Softball Complex Master Plan. The date was set for August 7th at 2:00 or 4:00 p.m.

11. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2066 - AMENDING CHAPTER 7, HEALTH AND SANITATION, SECTION 5. SOLID WASTE MANAGEMENT.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2066 - Amending Chapter 7, Health and Sanitation, Section 5. Solid Waste Management. Mayor Henry Madgwick made a motion to delete Paragraph "D". The motion was seconded by Councilmember Tommy Spencer. Ayes --all; Nayes - none. Motion carried. This item to be placed for first reading on the August 7, 2001 Council agenda.

12. DISCUSS AND CONSIDER DATE, TIME AND LOCATION FOR JOINT AIRPORT BOARD/CITY COUNCIL MEETING.

City Manager Gordon Pierce presented to Council for discussion and consideration Date, Time and Location for Joint Airport Board/City Council Meeting. Council agreed to set this meeting on the August 7th workshop agenda.

13. HEAR REMARKS FROM VISITORS.

Frances Lang spoke to the Council regarding the condition of houses on Virginia Street.

Old Business
Consent Agenda

14. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2067 - AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 24: SOLID WASTE COLLECTION AND DISPOSAL RATES AND CHARGES.

Councilmember Rick Carmona made a motion to adopt on Second Reading Ordinance No. 2067 - Amending Appendix 1, Fee Schedule, Section 24: Solid Waste Collection and Disposal Rates and Charges on CONSENT AGENDA. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2067

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 24: SOLID WASTE COLLECTION AND DISPOSAL RATES AND CHARGES OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

SECTION I.

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

THAT Appendix I, Fee Schedule, SECTION 24, SOLID WASTE COLLECTION AND DISPOSAL RATES AND CHARGES of the Revised Code of Ordinances of the City of Terrell, Texas, shall be amended by adding paragraph (4) to read as follows:

SECTION I.

SECTION 24: SOLID WASTE COLLECTION AND DISPOSAL RATES AND CHARGES

(4) Container Charges:

A. Front Load Containers

(Excluding sales tax)
SIZE/PICKUP TOTAL MONTHLY FEE
2 Cu. Yd. - 1X Week 35.20
2 Cu. Yd. - 2X Week 64.90
2 Cu. Yd. - 3X Week 110.00
2 Cu. Yd. - 4X Week 145.20
2 Cu. Yd. - 5X Week 180.40
2 Cu. Yd. - Extra 33.00
3 Cu. Yd. - 1X Week 41.80
3 Cu. Yd. - 2X Week 74.80
3 Cu. Yd. - 3X Week 124.30
3 Cu. Yd. - 4X Week 166.10
3 Cu. Yd. - 5X Week 207.90
3 Cu. Yd. - Extra 33.00
4 Cu. Yd. - 1X Week 48.40
4 Cu. Yd. - 2X Week 86.90

Ordinance No. 2067
Page 2

4 Cu. Yd. - 3X Week 139.70
4 Cu. Yd. - 4X Week 192.50
4 Cu. Yd. - 5X Week 242.00
4 Cu. Yd. - Extra 38.50
6 Cu. Yd. - 1X Week 69.30
6 Cu. Yd. - 2X Week 122.00
6 Cu. Yd. - 3X Week 180.40
6 Cu. Yd. - 4X Week 238.70
6 Cu. Yd. - 5X Week 293.70
6 Cu. Yd. - Extra 38.50
8 Cu. Yd. - 1X Week 90.20
8 Cu. Yd. - 2X Week 149.60
8 Cu. Yd. - 3X Week 235.40
8 Cu. Yd. - 4X Week 305.80
8 Cu. Yd. - 5X Week 392.70
8 Cu. Yd. - Extra 44.00

B. Roll Off Containers and Compactors:
(Excluding sales tax)
SIZE DELIVERY CHARGE* DAILY RENTAL FEE* CUSTOMER CHARGE PER HAUL
20 Yard Open Top 75.00 3.00 297.00
30 Yard Open Top 75.00 3.00 352.00
40 Yard. Open Top 75.00 3.00 396.00
30 Yard Compactor 385.00
35 Yard Compactor 418.00
42 Yard Compactor 446.00
*FEE NOT INCLUDED IN CUSTOMER CHARGE

SECTION II.

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

SECTION III.

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 any of the remaining phrases, clauses, sentences, paragraphs, and section so 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.

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.

PASSED AND APPROVED on first reading this 19th day of June, 2001.
PASSED AND ADOPTED on second reading this 3rd day of July, 2001.

15. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2073 - VACATING PRESLEY STREET BETWEEN FRANK AND FRAZIER.

Councilmember Rick Carmona made a motion to adopt on Second Reading Ordinance No. 2073 - Vacating Presley Street Between Frank and Frazier on CONSENT AGENDA. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2073

AN ORDINANCE VACATING AND ABANDONING CERTAIN RIGHTS-OF-WAY WITHIN THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS.

WHEREAS it appears that there is no present or foreseeable public need for certain rights-of-way, as further described below, within the City of Terrell; and

WHEREAS, this body is interested in facilitating the transfer of property interests and clarifying questions of title and ownership to tracts adjacent thereto;

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

ARTICLE I.

THAT any interest this City might claim, now or in the future, in the following described right-of-way is hereby vacated and abandoned:

SITUATED in Kaufman County, Texas, within the corporate limits of the City of Terrell, a part of the J.C. Hale Survey, Abstract No. 202, and being that portion of Presley Avenue right-of-way lying Southwest of Block 2, as shown on the plat of Dewberry's Second Addition, as recorded in Volume 151, Page 633, of the Deed Records of Kaufman County, Texas, said right-of-way being of an undefined width and being bounded as follows:

ON the Northeast by Block 2 of Dewberry's Second Addition;

ON the Southeast by the Northwest line of Frank Street;

ON the Southwest by Terrell Revised Block 299; and

ON the Northwest by the Southeast line of Frazier Street.

SAVE, LESS AND EXCEPT an easement for the continued use, maintenance or replacement of an existing utility pole and its associated guy wire located at or near the North corner of the aforementioned Block 299.

ARTICLE II

THAT said right-of-way, save any exception noted, is hereby vacated and abandoned, and every claim, right or rights, either the City of Terrell or the public generally has in and to said right-of-way is hereby released and relinquished forever; and whatever control, right of control, jurisdiction or dominion the City of Terrell has or may have had, either for itself or on behalf of the public generally, over the same as public 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 III.

THAT this ordinance shall be filed in the deed records of Kaufman County.

ARTICLE IV.

THAT the Mayor is hereby authorized to execute quitclaim deeds on behalf of the City of Terrell to interests in any of the above described right-of-way upon the request of adjoining property owners.

PASSED AND APPROVED THIS 19th DAY OF JUNE, 2001.
PASSED AND ADOPTED THIS 3RD DAY OF JULY, 2001.

16. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2074 - VACATING HATTIE STREET SOUTH OF HOOD STREET.

Councilmember Rick Carmona made a motion to adopt on Second Reading Ordinance No. 2074 - Vacating Hattie Street South of Hood Street on CONSENT AGENDA. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2074

AN ORDINANCE VACATING AND ABANDONING CERTAIN RIGHTS-OF-WAY WITHIN THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS.

WHEREAS it appears that there is no present or foreseeable public need for certain rights-of-way, as further described below, within the City of Terrell; and

WHEREAS, this body is interested in facilitating the transfer of property interests and clarifying questions of title and ownership to tracts adjacent thereto;

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

ARTICLE I.

THAT any interest this City might claim, now or in the future, in the following described right-of-way is hereby vacated and abandoned:

SITUATED in Kaufman County, Texas, within the corporate limits of the City of Terrell, a part of the John C. Hale Survey, Abstract No. 202, and being all that portion of South Hattie Street right-of-way lying South of the South line of Hood Street as shown on the Revised Map of Terrell as recorded in Volume 138, Page 640 of the Deed Records of Kaufman County, Texas; said right-of-way being of undefined width and being bounded as follows:

ON the North by the South line of Hood Street;

ON the East by Terrell Revised Block 238;

ON the South by the Inglehart and Wheeler Subdivisions; and

ON the West by Terrell Revised Block 256.

ARTICLE II

THAT said right-of-way is hereby vacated and abandoned, and every claim, right or rights, either the City of Terrell or the public generally has in and to said right-of-way is hereby released and relinquished forever; and whatever control, right of control, jurisdiction or dominion the City of Terrell has or may have had, either for itself or on behalf of the public generally, over the same as public 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 III.

THAT this ordinance shall be filed in the deed records of Kaufman County; and

ARTICLE IV.

THAT the Mayor is hereby authorized to execute quitclaim deeds on behalf of the City of Terrell to interests in any of the above-described right-of-way upon the request of adjoining property owners.

PASSED AND APPROVED THIS 19TH DAY OF JUNE, 2001.
PASSED AND ADOPTED THIS 3RD DAY OF JULY, 2001.

17. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:

a.) City Council Workshop and Retreat July 26/27.

b.) City Council Workshop August 7.

c.) One Day Clean-Up.

18. 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

City of Terrell
201 East Nash St.
Terrell, Texas 75160
(972) 551-6604
Metro (972) 524- 3332
Fax (972) 551-6682
E-mail: information@cityofterrell.org
 

Copyright  2001
City of Terrell
All rights reserved

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