Minutes 

CITY COUNCIL MEETING

AUGUST 5, 1997

7:00 P.M.

1.0 ANNOUNCEMENT & PUBLIC HEARINGS

A regular meeting of the Terrell City Council was held August 5, 1997, at 7:00 p.m., with the following members present:

COUNCILMEMBER #1 DON L. LINDSEY
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 JACK JONES
COUNCILMEMBER #5 JAMES HUFFMAN

1.1 INVOCATION

Mayor Don L. Lindsey called the meeting to order and Councilmember Jack Jones gave the opening prayer.

1.2 CONDUCT A PUBLIC HEARING ON ANNEXATION & SERVICE PLAN

No one spoke for. No one spoke against. There were no written objections. A motion was made by Councilmember Jack Jones and seconded by Councilmember Frances Anderson to close the hearing. Ayes all; Nayes none. Motion carried.

1.3 CONDUCT A PUBLIC HEARING ON ENTERPRISE/REINVESTMENT ZONE

No one spoke for. No one spoke against. A motion was made by Mayor ProTem Frances Anderson and seconded by Councilmember Tommy Spencer to close the hearing. Ayes all; Nayes none. Motion carried.

1.4 SPECIAL RECOGNITION AWARD - ADMINISTRATION DEPARTMENT

Mayor Don L. Lindsey presented to the Council special recognition of Raylan Baker.

1.5 PRESENTATION OF ARLIE WHITE P.R.I.D.E AWARD

Mayor ProTem Frances Anderson presented Raylan Baker with Mayoral Citation and Arlie White P.R.I.D.E. Award certificate for the month of August.

2.0 MINUTES

2.1 CONSIDER APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING HELD JULY 15, 1997

A motion was made by Mayor ProTem Frances Anderson and seconded by Councilmember James Huffman to approve the minutes of City Council Regular Meeting held July 15, 1997. Ayes 4; Nayes 1 - Councilmember Tommy Spencer abstained as he was absent on that meeting. Motion carried.

3.0 BIDS

CITY COUNCIL MINUTES
AUGUST 5, 1997
PAGE 2

3.1 CONSIDER BIDS AND AWARD OF CONTRACT FOR SEAL COAT PAVEMENT MAINTENANCE

Mr. Ballard presented to council bid tabulation from the Seal Coat Pavement Maintenance Bid.

CITY OF TERRELL - SEAL COAT BIDS
PROJECT NO. 97-01.1: PAVEMENT MAINTENANCE
(BIDS RECEIVED JULY 29, 1997 AT 10:00 A.M.)

BIDDER PRICE UNITS AMOUNT
1 JOE SULLIVAN $0.84 SQ. YD. $94,920
2 AFFORDABLE 0.87 SQ. YD. 98,310
3 ALL-TEX 0.97 SQ. YD. 109,610
4 APAC-TEXAS 1.02 SQ. YD. 115,260

Stan Ballard recommended award of bid to Joe Sullivan, low bid of $94,920. A motion was made by Councilmember James Huffman and seconded by Mayor ProTem Frances to accept the low bid of Joe Sullivan. Ayes all; Nayes none. Motion carried.

4.0 ROUTINE BUSINESS

None

5.0 OLD BUSINESS

5.1 CONSIDER ADOPTION OF ORDINANCE NO. 1876 - AMENDING THE BUDGET

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Frances Anderson for a consent agenda; items 5.1, 5.2, 5.3, and 5.4. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1876

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1996, AND ENDING SEPTEMBER 30, 1997, AS PASSED AND ADOPTED ON SEPTEMBER 17, 1996, TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

CITY COUNCIL MINUTES
AUGUST 5, 1997
PAGE 3

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

SECTION I.

The General Fund Budget be amended to reflect the following changes in the budget:

GENERAL FUND EXPENDITURES:

Add:

010-33-4510 MADIX GRANT FUNDS 20,000.00
010-33-4518 TANGER GRANT FUNDS 500.00

Delete:

010-33-4418 TRAVEL/EDUCATION 1,500.00
010-33-4509 TRUCK INTERCOM 3,000.00
010-33-4510 ICEMAKER - FIRE STA #1 2,700.00
010-33-4514 HOSE RACK - STA #2 1,500.00
010-33-4516 COMPUTERS (2) 6,000.00
010-33-4517 NEW EQUIPMENT FOR VEHICLES 5,800.00

AMEND FY 96-97 Budget as follows:

010-11-4458 COUNCILMEMBER DISTRICT 3 - ANDERSON 10,000.00
010-11-4457 COUNCILMEMBER DISTRICT 2 - SPENCER 10,930.00
010-11-4558 COUNCILMEMBER DISTRICT 1 - LINDSEY 7,000.00
010-11-4454 COUNCILMEMBER DISTRICT 4 - JONES 6,070.00
010-11-4460 COUNCILMEMBER DISTRICT 5 - HUFFMAN 6,000.00

010-34-4228 AUDIO AND VISUAL AIDE SUPPLIES 9,072.01
010-34-4229 BOOKS AND PERIODICALS 37,463.21

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 this 15th day of July, 1997.

PASSED AND ADOPTED on this 5th day of August, 1997.

APPROVED:

________________________________________
DON L. LINDSEY, MAYOR

ATTEST:

________________________________________
JOHN ROUNSAVALL, CITY SECRETARY

APPROVED AS TO FORM:

________________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

5.2 CONSIDER ADOPTION OF ORDINANCE NO. 1877 - AUTHORIZING CODE ENFORCEMENT TO ISSUE CITATIONS

Consent agenda on 5.1

ORDINANCE NO. 1877

AN ORDINANCE AMENDING CHAPTER 7, SECTION 3; CHAPTER 7, SECTION 4; CHAPTER 7, SECTION 5; CHAPTER 13, SECTION 7-238 OF THE CITY OF TERRELL CODE OF ORDINANCES; AUTHORIZING CODE ENFORCEMENT OFFICIAL TO ENFORCE PROVISIONS OF ORDINANCES BY ISSUANCE OF CITATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

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

CITY COUNCIL MINUTES
AUGUST 5, 1997
PAGE 5

ARTICLE I.

That Chapter 7, Section 3, ACCUMULATIONS OF UNSANITARY, UNSIGHTLY CONDITIONS AND TALL WEEDS AND GRASS, shall be amended to authorize the Code Enforcement Official of the City of Terrell to issue citations for failure to comply with the terms of this Section.

Chapter 7, Section 3, Subsection C shall hereafter read as follows:

Subsection C PENALTY FOR VIOLATIONS

The Code Enforcement Official of the City of Terrell shall have the authority to issue citations for failure to comply with the terms of this Section.

Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in accordance with Chapter 1, Section 1.G of this Code of Ordinances. Each day of violation shall constitute a separate offense.

All fines collected pursuant to this section shall go to a fund designated for the expenses remedying and removing unlawful conditions within the city as necessary.

That Chapter 7, Section 3 of the City of Terrell Code of Ordinances, as amended, shall remain in full force and effect, save and except as amended by this Ordinance.

ARTICLE II.

That Chapter 7, Section 4, ABANDONED AND JUNKED VEHICLE REGULATIONS, shall be amended to authorize the Code Enforcement Official of the City of Terrell to issue citations for failure to comply with the terms of this Section.

Chapter 7, Section 4, Subsection P shall hereafter read as follows:

P. AUTHORITY TO ENFORCE PROVISIONS

Any members of the police department may enter upon private property for the purpose of examining vehicles or parts thereof, obtain information as to be the identity of vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance. The Code Enforcement Official of the City of Terrell shall be authorized to issue citations for failure to comply with the terms of this Section.

That Chapter 7, Section 4 of the City of Terrell Code of Ordinances shall remain in full force and effect, save and except as amended by this Ordinance.

ARTICLE III.

That Chapter 7, Section 5, Solid Waste Management, shall be amended to authorize the Code Enforcement Official of the City of Terrell to issue citations for failure to comply with the terms of this Section.

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AUGUST 5, 1997
PAGE 6

Chapter 7, Section 5, Subsection P shall hereafter read as follows:

P. Enforcement

The Code Enforcement Official of the City of Terrell shall be authorized to issue citations for failure to comply with the terms of this section.

That Chapter 7, Section 5 of the City of Terrell Code of Ordinances shall remain in full force and effect, save and except as amended by this Ordinance.

ARTICLE IV.

That Chapter 13, Section 7-238, ZONING, shall be amended to authorize the Code Enforcement Official of the City of Terrell to issue citations for failure tom comply with the terms of this Sections

Chapter 13, Section 7-238 shall hereafter read as follows:

7-238 One (1) sign is permitted, not to exceed two (2) square feet, upon the property
where the sale is taking place. Any other signs at any locations remote from the sale property are illegal. The Code Enforcement Official of the City of Terrell shall be authorized to issue citations for failure to comply with the terms of this Section.

That Chapter 13 of the City of Terrell Code of Ordinances shall remain in full force and effect, save and except as amended by this Ordinance.

ARTICLE V.

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 VI.

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 15th day of July, 1997.

PASSED AND ADOPTED THIS 5th day of August, 1997.

______________________________________
DON L. LINDSEY, MAYOR

ATTEST:

______________________________________
JOHN ROUNSAVALL, CITY SECRETARY

CITY COUNCIL MINUTES
AUGUST 5, 1997
PAGE 7

APPROVED AS TO FORM:

______________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

5.3 CONSIDER ADOPTION OF ORDINANCE NO. 1878 - ABANDONMENT OF ALLEY, ORIGINAL TOWN, BLOCK 12

Consent Agenda on 5.1

ORDINANCE NO. 1878

AN ORDINANCE VACATING AND ABANDONING A CERTAIN ALLEY EASEMENT AND RIGHT OF WAY IN BLOCK 12 OF THE ORIGINAL TOWN OF TERRELL ADDITION. CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, 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:

ARTICLE I.

WHEREAS, the City Council of the City of Terrell has determined that there is no present or foreseeable need in the future for the use by the public of an approximate twenty (20) foot alley easement and right-of-way dedicated to the City of Terrell in Block 12, Original Town of Terrell Addition, Terrell, Kaufman County, Texas.

THEREFORE, in consideration of the foregoing, the City Council of the City of Terrell hereby vacates and abandons any interest the City might claim now or in the future in the alley easement and right-of-way being a two (2) alleys, 20 feet in width, within Block 12 of the Original Town of Terrell as shown and defined on the Plat of the Town of Terrell as recorded in Volume P, Page 580 and Volume Q, Page 10 of the Deed of Plat Records of Kaufman County, Texas, and being further described as (1) a twenty (20) foot wide alley extending East to West approximately 250 fee from the West line of Virginia Street to the East line of Adelaide Street and (2) a twenty (20) foot wide alley extending North to South approximately 150 feet from the South line of the herein above described alley to the North line of Cottage Street.

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AUGUST 5, 1997
PAGE 8

Said easements and 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 easements and rights-of-way are hereby released and relinquished forever, subject to the reservation set forth below; 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 easements and rights-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; SUBJECT HOWEVER, to the reservation by the City of Terrell of an easement for the maintenance of the public utility facilities located on said property vacated and abandoned. The City of Terrell reserves unto itself, its successors, assigns and franchised utility companies, for all times hereafter, an easement and right-of-way to repair and maintain the public utility facilities located on said property vacated and abandoned including, but not limited to, the right to enter upon the above described property for the purpose of maintenance and repair of said public utility facilities.

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.

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 15th day of July, 1997.

PASSED AND ADOPTED THIS 5th day of August, 1997.

_______________________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_______________________________________________
JOHN ROUNSAVALL, CITY SECRETARY

APPROVED AS TO FORM:

_______________________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

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AUGUST 5, 1997
PAGE 9

COUNTY OF KAUFMAN

This instrument was acknowledged before me this __________ day of ____________________, 1997, by Don L. Lindsey.

__________________________________________
Notary Public, State of Texas

EXHIBIT "A"

Being 2 alleys, 20 feet in width, within Block 12 of the Original Town of Terrell as shown and defined on the Plat of Terrell as recorded in Volume P, Page 580 and Volume 1, Page 10 of the Deed or Plat Records of Kaufman County, Texas and being further described as (1) a 20 foot alley extending East to West approximately 250 feet from the West line of Virginia Street to the East line of Adelaide Street and (2) a 20 foot wide Alley extending North to South approximately 150 feet from the South line of the herein above described Alley to the North line of Cottage Street.

5.4 CONSIDER ADOPTION OF ORDINANCE NO. 1879 - VACATING OF RIGHT-OF-WAY, LOT 2, STEWART-CAMPBELL ADDITION

Consent Agenda on 5.1

ORDINANCE NO. 1879

AN ORDINANCE VACATING AND ABANDONING A CERTAIN EASEMENT AND RIGHT OF WAY IN THE RANSOM SOWELL SURVEY, ABSTRACT NO. 443, CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, 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:

ARTICLE I.

WHEREAS, the City Council of the City of Terrell has determined that there is no present or foreseeable need in the future for the use of an approximate forty (40) foot easement and right-of-way dedicated to the City of Terrell through the Stewart-Campbell Addition, Ransom Sowell Survey, Abstract No. 443, Terrell, Kaufman County, Texas.

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AUGUST 5, 1997
PAGE 10

THEREFORE, in consideration of the foregoing, the City Council of the City of Terrell hereby vacates and abandons any interest the City might claim now or in the future in the forty (40) foot easement and right-of-way dedicated to the City of Terrell in the Stewart-Campbell Addition, and being approximately 0.67 of an acre of land out of the Ransom Sowell Survey, Abstract No. 443, within the corporate limits of the City of Terrell, Kaufman County, Texas, and being shown as a 40 foot wide Right-of-Way Dedication on the Plat of the Stewart-Campbell Addition as filed for record in Plat Cabinet 1, Envelope 701 of the Plat Records of Kaufman County, Texas. Said 0.67 of an acre being more particularly described on Exhibit "A" attached and by reference made a part hereof for all purposes.

Said easement and right-of-way referenced above is 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 easement and right-of-way is hereby released and relinquished forever subject to the reservation set forth below; 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 easement and right-of-way is hereby vacated and 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; SUBJECT HOWEVER to the reservation by the City of Terrell of an easement for the maintenance of public utility facilities located within said easement. The City of Terrell reserves unto itself, its successors, assigns and franchised utility companies, for all times hereafter and easement and right-of-way to repair, and maintain the public utility facilities located on said property vacated and abandoned, including but not limited to, the right to enter upon the above described property for the purpose of maintenance and repair of said public utility facilities.

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.

All ordinances 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 and the publication of the caption as the law in such cases provides.

PASSED AND APPROVED THIS 15th day of July, 1997.

PASSED AND ADOPTED THIS 5th day of August, 1997.

_______________________________________________
DON L. LINDSEY, MAYOR

CITY COUNCIL MINUTES
AUGUST 5, 1997
PAGE 11

ATTEST:

_______________________________________________
JOHN ROUNSAVALL, CITY SECRETARY

APPROVE AS TO FORM:

_______________________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

COUNTY OF KAUFMAN

This instrument was acknowledged before me this _____ day of ______________________, 1997, by Don L. Lindsey.

__________________________________________
Notary Public, State of Texas

Being 0.67 of an acre of land out of the Ransom Sowell Survey, Abstract No. 443, within the corporate limits of the City of Terrell, Kaufman County, Texas and being shown as a 40 foot wide Right-of-Way Dedication on the plat of the Stewart Campbell Addition as filed for record in Plat Cabinet 1, Envelope 701 of the Plat Records of Kaufman County, Texas. Said 0.67 of an acre being more particularly described as follows:

Beginning at the Southwest corner of the herein above described Stewart Campbell Addition at a point in the North or Northeast Right-of-Way line of Intersection Highway 20;

THENCE North 28 degrees 25' east with the West or Northwest line of said Stewart Campbell Addition, a distance of 714.83 feet to a point, being the most Southerly corner of a 100 foot wide Right-of-Way Dedication per the Plat of said Stewart Campbell Addition and being at a point in a nontangent curve to the left, having a radius of 1050.00 feet, a central angle of 3 degrees 00'05", and a chord that bears North 75 degrees 04'43" East 55.00 feet;

THENCE wish said curve to the left, an arc distance of 55.00 feet to a point in the Northwest line of Lot 2 of said Stewart Campbell Addition;

THENCE North 63 degrees 28' West with said North of Northwest Right-of-Way line, a distance of 40.00 feet to the Point of Beginning and containing 0.67 of an acre of land, more or less.

6.0 NEW BUSINESS

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AUGUST 5, 1997
PAGE 12

6.1 CONSIDER APPROVAL OF RESALE REQUEST FOR THE PROPERTY LEGALLY DESCRIBED AS NELSON ADDITION, BLOCK 7, LOT 3

A motion was made by Councilmember Tommy Spencer and seconded by Mayor ProTem Frances Anderson to approve of resale request for the property legally described as Nelson Addition, Block 7, Lot 3. Ayes all; Nayes none. Motion carried.

6.2 CONSIDER T.E.D.C. RECOMMENDATION OF NATURAL TECHNOLOGY REQUEST

Councilmember Jack Jones presented to council the Natural Technology request for waiver of fees for their consideration. A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Frances Anderson to approve the recommendation of Natural Technology Request. Ayes all; Nayes none. Motion carried.

6.3 CONSIDER AIRPORT BOARD APPOINTMENTS

Two vacancies exist. There were two applicants. A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Tommy Spencer to appoint, Teri Collier and Darren Ream to the Terrell Airport Board. Ayes all; Nayes none. Motion carried.

6.4 CONSIDER APPROVAL OF ORDINANCE NO. 1880 - ENTERPRISE/ REINVESTMENT ZONE

A motion was made by Councilmember Tommy Spencer and seconded by Mayor ProTem Frances Anderson to table item 6.4 - Consider Approval of Ordinance No. 1880 - Enterprise/ Reinvestment zone. Ayes all; Nayes none. Motion carried.

CITY OF TERRELL
ORDINANCE NO. 1880

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS NOMINATING AN AREA AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2303); PROVIDING TAX INCENTIVES, DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE (TEXAS TAX CODE, CHAPTER 312); AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF COMMERCE.

WHEREAS, the City Council of the City of Terrell, Texas desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the city and to provide employment to residents of such area;

WHEREAS, certain conditions exist in such area which represent a threat to the health, safety, and welfare of the people of such area; and

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AUGUST 5, 1997
PAGE 13

WHEREAS, it is necessary and in the best interest of the City to nominate such area in an enterprise zone pursuant to the Texas Enterprise Zone Act (Texas Government Code, Chapter 2303, the "Act');

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

Section 1. That the City hereby nominates the area set forth and attached hereto as Exhibit A.

Section 2. That the City finds the zone area meets the qualifications of the Act.

Section 3. That the City Council will provide certain tax incentives applicable to business enterprises in the zone which are not applicable throughout the City as follows:

The City shall refund to any qualified business located in any such enterprise in such enterprise zone the amount of tax paid under the Municipal Sales and Use Tax Act (Texas Tax Code, Chapter 321) by the business and remitted to the Comptroller of Public Accounts up to the maximum extent authorized by Sections 2303.505 and 2303.506 of the Act,. and for a period determined by the City, but which shall not exceed 5 years.

The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the attached Exhibit B, and with qualified employee being defined by the Act.

Other incentives that may be negotiated in the proposed enterprise zone on a case by case basis are as follows:

Waiver of development fees to enterprise zone businesses meeting minimum standards.

Accelerated zoning and permit procedures. Enterprise zone businesses will be processed upon receipt, before non-enterprise zone businesses already in hand.

Transfer of city owned surplus land at below market prices for the public purpose of economic development. The ability to purchase city-owned land shall be based upon the extend to which the business receiving the property creates jobs for qualified employees, in accordance with the attached Exhibit C.

Capital improvements in water and sewer facilities and road repair.

The City will apply for training grants for new permanent jobs as available and appropriate to the industry.

One-stop permitting.

Improved fire and police protection.

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AUGUST 5, 1997
PAGE 14

Low interest loans for housing rehabilitation or improvement.

Section 4. That the area described in this ordinance is designated as an enterprise zone and a reinvestment zone, subject to the approval of the Texas Department of Commerce.

Section 5. That the City Council directs and designates its mayor as the City's authorized representative to act in all matters pertaining to the nomination and designation of the area described herein as an enterprise zone and a reinvestment zone.

Section 6. That the City Council further directs and designates its city manager as liaison for communication with the Department to oversee zone activities and communications with qualified businesses.

Section 7. That a public hearing to consider this ordinance was held by the City Council of August 14, 1997.

Section 8. That this ordinance shall take effect from and after its passage as the law and charter in such case provides.

PASSED AND APPROVED by the City Council of the City of Terrell, Texas on this the 14th day of August, 1997.

PASSED AND ADOPTED by the City Council of the City of Terrell, Texas on this the 19th day of August, 1997.

APPROVED:

________________________________
Don L. Lindsey, Mayor
ATTEST:

_____________________________________
John Rounsavall, City Secretary

APPROVED AS TO FORM:

______________________________________
Mary Gayle Ramsey, City Attorney

6.5 CONSIDER APPROVAL OF TAX ABATEMENT POLICY

Discussion - Councilmember Jack Jones pointed out that Terrell Independent School District does not give tax abatement. Councilmember Tommy Spencer discussed changing the number of full-time employees to a minimum of 15 employees to qualify for tax abatement.

A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Jack Jones to change from 30 employees to 15 employees to qualify and remove Terrell Independent School District from the policy. Ayes all; Nayes none. Motion carried.
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AUGUST 5, 1997
PAGE 15

6.6 CONSIDER APPROVAL OF ORDINANCE NO. 1882 - ANNEXATION SERVICE PLAN

A motion was made by Councilmember Jack Jones and seconded by Councilmember James Huffman to approve on first reading, Ordinance No. 1882 - Annexation Service Plan. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1882

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.

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AUGUST 5, 1997
PAGE 16

Being 73.178 acres of land situated in the Ransom Sowell Survey, Abstract No. 443, Kaufman County, Texas, and consisting of three tracts as follows: (1) 39.634 acres described as Tract 1 in Warranty Deed dated March 31, 1986, from Marguerite Elizabeth Bond et al to the City of Terrell, as recorded in Volume 851, Page 594, of the Kaufman County Deed Records; (2) 27.756 described in Deed dated June 267, 1961, from Sara Lillian Bond and Jack P. Bond to the State of Texas, as recorded in Volume 443, Page 141, of said Deed Records and (3) 5.788 acres (by recent survey), being the residue of the Fifth Tract described in Partition Deed dated July 11, 1918, between Thomas R. Bond and Joel R. Bond, as recorded in Volume 186, Page 90, of said Deed Records; all being more particularly described by metes and bounds as follows:

BEGINNING at a point in the existing Terrell City Limits line at a point in the Southwest Right-of-Way line of Interstate Highway 20, same being the most Westerly corner of the hereinabove described 27.756 acre tract;

THENCE North 45 degree East with the existing Terrell City Limits line and the Northwest line of said 27.756 acre tract and with the Southwest line of a 100 acre tract described in Deed dated May 13, 1949, from Exsa Laroe et al to Jack P. Bond, as recorded in Volume 321, Page 393, of the said Kaufman County Deed Records, a distance of approximately 1950 feet to the most Northerly corner of said 39.634 acre tract, same being the most Easterly corner of the aforementioned 100 acre tract and being at an angle point in the existing Terrell City Limits;

THENCE South 45 Degree East with the Northeast line said 39.634 acre tract and partially with the existing Terrell City Limits lines, a distance of approximate 2400 feet to the East Bank meanders of Kings Creek;

THENCE with said East Bank meanders, same being the Southeast line of said 39.634 acre tract, Southwesterly about 315 feet to a point in the Northeast Right-of-Way line of Interstate Highway 20;

THENCE Northwesterly with said Northeast Right-of-Way line, about 12 feet to a point in the center line of Kings Creek, same being the Northeasterly corner of said 27.756 acre tract;

THENCE with said center line meanders, Southerly about 400 feet to a point in the Southwest Right-of-Way line of Interstate Highway 20, same being the existing Terrell City Limits line;

THENCE Northwesterly with said Southwest Right-of-Way line and with the existing Terrell City Limits line, same being the Southwest line of said 27.756 acre tract, a distance of about 3025 feet to the Point of Beginning and containing 73.2 acres of land, more or less.

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.

CITY COUNCIL MINUTES
AUGUST 5, 1997
PAGE 17

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 5th day of August, 1997.

PASSED AND ADOPTED THIS 19th day of August, 1997.

_______________________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_____________________________________________
JOHN ROUNSAVALL, CITY SECRETARY

APPROVED AS TO FORM:

_______________________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

6.7 CONSIDER APPROVAL OF AGREEMENT WITH KOCH GATEWAY PIPELINE

City Attorney, Mary Gayle Ramsey presented to Council the agreement with Koch Gateway Pipeline. The contract has a broad indemnity agreement. Mary Gayle Ramsey has not been able to contact a company representative to discuss the contract.

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to table item 6.7- consider approval of Agreement with Koch Gateway Pipeline. Ayes all; Nayes none. Motion carried.

6.8 CONSIDER APPROVAL OF ORDINANCE NO. 1883 - AMENDING THE BUDGET

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Frances Anderson to approve on first reading, Ordinance No. 1883 - Amending the Budget. Ayes all; Nayes none. Motion carried.

CITY COUNCIL MINUTES
AUGUST 5, 1997
PAGE 18

ORDINANCE NO. 1883

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1996, AND ENDING SEPTEMBER 30, 1997, AS PASSED AND ADOPTED ON SEPTEMBER 17, 1996, TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

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

SECTION I.

The General Fund Budget be amended to reflect the following changes in the budget:

GENERAL FUND EXPENDITURES:

Add:

010-26-4511 SURVEILLANCE EQUIPMENT/DOOR HARDWARE 13,155.00

The Legislative Department shall read as follows:

010-11-4498 CONTINGENCY FUND 93,633.00

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.

CITY COUNCIL MINUTES
AUGUST 5, 1997
PAGE 19

PASSED AND APPROVED on this 5th day of August, 1997.

PASSED AND ADOPTED on this 19th day of August, 1997.

APPROVED:
________________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_______________________________________
JOHN ROUNSAVALL, CITY SECRETARY

APPROVED AS TO FORM:
________________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

7.0 DISCUSSION ITEMS

None

8.0 EXECUTIVE SESSION

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 - MUNICIPAL JUDGE SELECTION

8.2 RECONVENE

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Frances Anderson to table selection of city Judge until Councilmember Tommy Spencer can meet with the applicants. Ayes all; Nayes none. Motion carried.

8.3 CONSIDER APPOINTMENT OF MUNICIPAL JUDGE

9.0 HEAR REMARKS FROM VISITORS

None

10.0 ADJOURNMENT

There were no other matter discussed or acted on at this meeting.
There being no further business, the meeting was adjourned.

____________________________________________
DON L. LINDSEY, MAYOR

____________________________________________
JOHN ROUNSAVALL, CITY SECRETARY

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