Minutes 

SPECIAL CITY COUNCIL MEETING

SEPTEMBER 10, 1998

12:00 P.M.

A Special meeting of the Terrell City Council was held on September 10, 1998 at 12:00 P.M. in the Council Chambers at 201 East Nash Street, Terrell, Texas with the following members present:

COUNCILMEMBER #1 ABSENT
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 ABSENT
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Pro-Tem Tommy Spencer called the meeting to order.

2. INVOCATION

Councilmember Lee Schaeffer gave the opening prayer.

3. CONSIDER ADOPTION ON SECOND READING OF ORDINANCE #1937 - ADOPTING THE FISCAL YEAR 1998 - 1999 BUDGET

City Manager Gordon Pierce presented to Council for consideration to adopt Ordinance No. 1937 - Adopting the Fiscal Year 1998 - 1999 Budget on second reading. Councilmember James Huffman made a motion to approve Ordinance No. 1937 - Adopting the Fiscal Year 1998 - 1999 Budget. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1937

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, ADOPTING THE 1998-1999 BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998, FOR THE CITY OF TERRELL, TEXAS.

WHEREAS, pursuant to the laws of the State of Texas and Article V, Section 5.02 of the City Charter of the City of Terrell, the City Manager of Terrell prepared the budget covering proposed expenditures for the fiscal year 1998-1999 and caused Notice of Hearing on same to be published as required by law; and

WHEREAS, a public hearing was held by the City Council of the City of Terrell, Texas, on said proposed budget on August 18, 1998, at which time and budget was fully considered, and interested taxpayers were heard by said City Council, which said proposed budget with changes has been marked "Exhibit A" and made a part hereof, is hereby approved as the Official Budget covering the City of Terrell's operation for and during the fiscal year beginning October 1, 1998 and ending September 30, 1999 said expenditures by said City for and during such time shall be on the basis of said budget.

No expenditures not provided for in said budget shall be made unless the same be in the nature of emergencies and after which emergencies have been declared by the said City Council of the City of Terrell.

This ordinance adopting the budget for the ensuing fiscal year is subject to such application as the President's Executive Order on Stabilization may have on it which order was based on the authority vested in the President by the Constitution and Statues of the United States, including the Economic Stabilization Act 1970 (P.L. 91-379 Stat. 799) as amended.

THAT this ordinance shall take effect and be in force from and after its passage and adoption.

APPROVED this 31st day of August, 1998
ADOPTED this 10th day of September, 1998.

4. CONSIDER ADOPTION ON SECOND READING OF ORDINANCE #1938 - ADOPTING THE FISCAL YEAR 1998 - 1999 TAX RATE

City Manager Gordon Pierce presented to Council for consideration to adopt Ordinance No. 1938 - Adopting the Fiscal year 1998 - 1999 Tax Rate. Councilmember Lee Schaeffer made a motion to approve Ordinance No. 1938 - Adopting the Fiscal Year 1998-1999 Tax Rate. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1938

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, FIXING THE TAX RATE OF ALL TAXABLE PROPERTY WITHIN THE CITY OF TERRELL, TEXAS, FOR THE YEAR 1998 AND LEVYING AND ORDERING COLLECTION OR THE YEAR 1998 AND PROVIDING TO SECURE THE PAYMENT OF TAXES ASSESSED.

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

SECTION I.

That there be and is hereby levied and ordered collected on each One Hundred Dollar ($100.00) valuation of all taxable property, both real and personal, and all property of every kind and description subject to taxation within the corporate limits of the City of Terrell, Texas, on January 1, 1998, the sum of $0.67.00 based on 10% of the fair market value. Said rate of ad valorem tax is levied for the following purposes and the following amounts:

General Fund $0.4600
Interest/Sinking Fund $0.2100

SECTION II.

That all taxes collected by the city and districts for which it is collecting taxes, shall be payable on October 1, and if such taxes are not paid in full on or before January 31, of the succeeding year, the following penalties shall be payable: During the month of February, Six (6%) percent of amount of tax, plus 1% for each additional month delinquent, to a maximum of 12% beginning July 1. All delinquent taxes shall bear interest at the rate of one (1%) for each month or portion of month the tax remains delinquent.

SECTION III.

There is hereby on each and every item of taxable property a lien for the purpose of securing the certain payment of taxes assessed against said item of property, and said lien shall continue to exist against any item of property against which a tax is assessed hereunder until such tax, together with all interest, shall be paid.

SECTION IV.

That there be and there is hereby levied and ordered collected an annual occupation tax of fifty (50%) percent of the State occupation tax on each and every occupation subject to an occupation tax under the laws of the State of Texas.

SECTION V.

That this ordinance shall take effect and be in force from and after its passage and adoption.

PASSED AND APPROVED THIS THE 31ST DAY OF AUGUST, 1998.
PASSED AND ADOPTED THIS 10th DAY OF SEPTEMBER, 1998.

5. CONSIDER APPROVAL OF TOURISM AGREEMENT CONTRACT

Councilmember Lee Schaeffer made a motion to approve contract (Draft 3) without Ordinance No. 1932 written into the contract. Motion died for lack of a second. Councilmember Lee Schaeffer withdrew his motion. Councilmember Lee Schaeffer made a motion to approve contract (Draft 3) as is. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

6. HEAR REMARKS FROM VISITORS

Bill Miller spoke to the Council regarding Ordinance No. 1932 and wanted to know why it was attached to the Contract.

7. 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

Special City Council Meeting
September 10, 1998

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