City of Terrell - CITY COUNCIL MEETING MINUTES September 4, 2001

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Minutes

REGULAR CITY COUNCIL MEETING

SEPTEMBER 4, 2001

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, September 4, 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.

Lonnie Harris gave the opening prayer.

3. Consider Approval of City Council Regular Meeting Minutes of August 7, 2001, Special City Council Meeting Minutes and Workshop of August 14, 2001 and Regular City Council Meeting Minutes of August 21, 2001.

Councilmember Lee Schaeffer made a motion to approve Regular Meeting Minutes of August 7, 2001, Special City Council Meeting Minutes and Workshop of August 14, 2001 and Regular City Council Meeting Minutes of August 21, 2001.The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

4. Presentation of Award to Terrell Police Officer Jason Whitworth.

Mayor Henry Madgwick and Chief of Police Jeff Whitt presented to a proclamation to Terrell Police Officer Jason Whitworth.

Public Hearing

5. Conduct a Public Hearing on Local Law Enforcement Block Grant as Required by the Bureau of Justice Assistance.

Mayor Henry Madgwick opened a Public Hearing on Local Law Enforcement Block Grant as Required by the Bureau of Justice Assistance. Terrell Police Officer Ken McKeown spoke for the Block Grant. No one spoke against the Block Grant. Mayor Madgwick closed the public hearing.

New Business

6. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 409 - RENEWAL AGREEMENT WITH THE DEPARTMENT OF DEFENSE.

Linda Seabolt presented to Council for discussion and consideration Resolution No. 409 - Renewal Agreement with the Department of Defense. Mayor Pro tem Frances Anderson made a motion to approve Resolution No. 409 - Renewal Agreement with the Department of Defense. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

7. RECEIVE AND CONSIDER TERRELL ECONOMIC DEVELOPMENT CORPORATION QUARTERLY REPORT.

Bob Watson representing Terrell Economic Development Corporation, presented to Council for consideration the Terrell Economic Development Corporation Quarterly Report for the third quarter. Councilmember Rick Carmona made a motion to accept the Terrell Economic Development Corporation Quarterly Report. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

8. DISCUSS AND CONSIDER REQUEST FOR RESALE OF PROPERTY DESCRIBED AS:

Linda Seabolt presented to Council for discussion and consideration Requests for Resale of Property described as the following:

a.) Lot 13, Block 585, Brooks Addition - Ruby Street

b.) Lot 2A2, Block 240, Terrell Revised - 703 S. Hattie

c.) Lot 3A, Block 246, Terrell Revised - Cottage Street

d.) Lots 41-42, Block 5, Phagan - 1214 S. Medora Street

Mayor Pro tem Frances Anderson made a motion to approve the Requests for Resale of Property described in items A through D. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

9. Appearance Before Council - Ms. JoEllen Hughes Regarding Virginia Street Utility and Sidewalk Project.

Ms. Jo Ellen Hughes came before Council and made the following statement regarding Virginia Street Utility and Sidewalk Project. Made the following statement:

"My name is Jo Ellen Hughes. For 30 years my husband and myself have lived at 913 N. Virginia. I think I can speak of Virginia St. with a great deal of knowledge on the subject. For most of the years we have lived there we were like most residents of Terrell and said nothing about things that we perceived as wrong.

A few years ago I had a change of mind on this subject. I decided that I should say things to people in authority when I saw something that was obviously against city policy.

For the 30 years that we have lived on Virginia St. we have lived with broken, jagged and missing sections on our sidewalks. The driveway approaches have been torn into so many times thru the years because of rottening city utilities. So we were glad when in May of this year we saw the city replacing the sewage and water lines. For some time we had been going between the city and state trying to resolve flooding problems at the intersection of Gordon and Virginia. We had learned that a number of years ago the City had diverted water from other street projects behind our street and had turned the water into our back yard. Days after a rain water that originates not on our property runs into our property under our house and into the intersection where it stays for days. We spoke to the City Manager about this problem in Feb. of 2001 because not only is it a flooding problem during freezing temperatures there are numerous accidents and near accidents because the water has no where to go and freezes on the street. The City Manager flatly refused to spend the money to curb and gutter Virginia St. He said that Virginia St. was a State Highway. He further said that rather worry about Virginia St. the real disgrace was Griffith Ave. So we called the state and they said that it was a City problem. So we are caught in the middle between the City who had flatly said that they will not spend the money on us for curb and gutter and the State who says that it is a city problem. So we are caught in a no mans land even though we are one of the gateways to Terrell. We have tried for the past 3 or 4 years to help clean up Virginia St. We know that poor people are often discriminated against. Our contention is that you can be poor but you can be proud of what you have and you can be clean and there are certainly city ordinances that support that fact, for example: we should not have to have a debate with the City Manager as to what is considered as outside furniture when people have their washer and dryer on the front porch with a 55 gallon drum filled with water to wash and let the waste go down Virginia to settle in my front yard (toilet paper, feces, and the like). We do not live in a 3rd world country where this is common practice. What we want is a city who is interested in having a clean and decent appearance. The brings me to the subject at hand. The improvements going on on Virginia St. We were glad to see this and had decided not to be negative and to be as supportive as we could even knowing that our yards and property would be torn up for some time and had decided to say nothing negative until we saw the kind of work being done. We were no longer going to settle for the status quo of having good driveways and sidewalks paid for with our own money only to see them tore up by city crews and patched. We have seen this done time after time for 30 years. The response from the City is typically "what are you complaining about, we're going to patch it back." Our apartment complex at 507 N. Virginia is where we first set our foot down with these crews.

These are the complaints:
1. Tore limbs off 80 year crepe myrtles.
2. Going to tear down mailbox.
3. Cut thru cement driveways that were monolythic (one solid piece).
4. Put manholes in middle of sidewalk.
5. Water meter in middle of sidewalk had to come back and move because they cut water off. Apartment.
6. Plumbing to new water meter busted and used wire to wire it together with sack crete.
7. Parked hug backhoe and chipped up concrete sidewalks and pushed down sidewalk when left up on yard overnight.

I noticed that when they laid the sewage lines they were going down 12 foot and hauling half of the dirt away. I also knew that black dirt sticks to its self when dry and forms hug clumps. So I reasoned that if only half the dirt was put back into the 12 foot hole and the other half was hauled away what would happen during our winter and spring rainy seasons after these sidewalks had already been poured over unpacked clods. I also noticed that when they began to form and lay the sidewalks at 507 N. Virginia that there was only a sprinkle of sand and they that they are pouring less then four inches of concrete. Also we noticed that looking back towards Moore Avenue the sidewalks looked extremely crooked for no apparent reason other than they have not used transits. We confronted the City (Mr. Stanley Ballard, Mr. Freeman, Mr. Heath, and numerous other people about this concern and asked who the building inspector was over this project only to be told by Mr. Ballard that the City of Terrell only has an inspector for private areas because the City could not afford an inspector for them. I asked Mr. Ballard "so your telling that the City hires contractors with nobody to watch over their work and they can do anything they want with nobody to answer to." Mr. Ballard's response was basically yes that's right." I ask anyone of you on the City Council "If you were spending 1 million dollars of your money would you accept this basic eyeball & bailing wire method and everything is o.k. form of construction?" And just let us finish because we have a bond that lasts one year. Already it is coming to past just as I feared prior to the rains when these discussions were made with City. My own driveway was caving in and I tried to tell them but no body listened. On Friday August the 17th it rained. We cam home from work around 9:00 p.m. and turned into our driveway and my husband's new truck fell into a large collapsed hole on the side of that driveway. When I went to get our paper walking down the other driveway (I have two) I looked where the sidewalks go and my fears had come true, they had collapsed. Over the weekend my neighbors were calling because their driveways had collapsed. On Monday the crews - Mr. Heath & Steve Rogers among others showed up. They covered over the collapsed areas with dirt and raked over it to spread over the collapsed areas. They tried to go over mine but I would no let them until I could get pictures. The man driving the backhoe tried to intimidate me and would park in the driveway and gun the motor, he would drive down the road and come back, he would turn around park across the road till finally 45 minutes later they came back to my house and the next door neighbor's house to spread a little dirt on the caved in areas. This time I camcorded what they were doing. Mind you we are glad it has rained and these places have sunk in because now we have confidence that when new dirt is added to these sunk in spots and it is packed that there will not be caverns underneath the sidewalks as there is between my house all the way to the beginning of the project (pictures). Maybe these sidewalks will last past the contractors one year bond, but I doubt it because already where they have finished you can see underneath the concrete where the earth has collapsed just as it did where my sidewalks were removed. The rains started again Thursday August 30th. Prior to this for two weeks I tried to talk to someone to explain that one of my driveways was caving in. Nobody on the crew spoke English anymore. On Thursday the 30th a friend of my sons came by the house and pulled up behind my car. His truck fell when the driveway collapsed underneath all the way up to his frame and still sinking. Mr. Heath sent a wrecker from Rockwall and it was very difficult to get out. At this time we noticed the areas they covered up the week before were collapsing again. Finished sidewalks have water standing a foot over them in places. A manhole stationed in the middle of the sidewalk was almost totally unearthed to where on Sunday Sept. 2 the crew had to come and fill in about a 5 to 6 foot hole around the manhole and removed a 2 block section of sidewalk that was hanging in the middle of the air. Today Tuesday September 4th, I heard the crew outside trying to cover over the new collapsed areas (which are some of the same one they covered up two weeks ago. They had 5 gallon buckets scooping out the water where it was standing over the sidewalks. When I left to meet with the City Manager and the engineer I had to get my husband to stay outside so they would not cover the collapsed areas over. If everything is o.k. to be concerned about and soil compression tests have been made and was assured by Mr. Heath on (Thursday the 30th of August had passed) why were these crews working on Tuesday the 4th of August, which is today, in the rain, knowing that I was going to meet with the City manager and the Engineer to discuss this poor workmanship of the sidewalks? When we finished talking with the City official s this crew with shovels and buckets ready to work packed them up and left without doing another thing. The holes are still in our sidewalk areas as they were before they showed up. I am a little puzzled as to why my husband had to be left on the porch to keep them from covering over these holes until returning with the City representatives so they could see our concerns only 5 minutes afterwards they left without filling in these holes. It seems to me they were more interested in covering the holes so that somebody could not see it. I wonder who that could have been?

What do we think would be fair for the residents on Virginia St. These are some of the questions we have.

1. We think all residents should have concrete approaches poured to the point the sidewalks as had been done in other portions of the City with no cost to the homeowners i.e. South Rockwall Street for example.
2. We feel we should not have had to fight with city officials to prevent raw sewage from running down to the font of my house for the last 6 or 7 years.
3. We feel that since the City only gets to pouring sidewalks every 60 to 80 years on Virginia St. they should at least see to it that the work is done correctly because they may have to last for another 60 to 80 years.
4. We think that since most of the homes have been here since the 40's and on city tax rolls the whole time, every home should have a city provided sidewalk so that people do not have to walk in the middle of State Highway 34 or Virginia St. whichever you prefer.
5. We feel the city should address the flooding problem at the intersection of Virginia & Gordon St. We do not want to be considered residents of State Highway 34 simply because it runs thru the residential part of the City of Terrell. We pay taxes and regard ourselves as Terrellites not Highway 34ites. If there are matters the city feels the State should care for i.e. curb & guttering. We feel it is incumbunt upon elected city officials to see to our interests. In short we want you to police your contractors and argue with the State as need be in our interests that is not our job.
6. In general, enforcement of city ordinances pertaining to trash, garage sale signs on utility poles, grass that is over 12 inches tall, non running vehicles, houses that are empty and not liveable, slum lords and the like."

Mayor Henry Madgwick called Larry Freeman of Freeman and Milligan to come forward to discuss Mrs. Hughes concerns. After discussion Mr. Freeman indicated that the contractor has been instructed to stop work. Mayor Henry Madgwick appointed Councilmembers Frances Anderson and Lee Schaeffer to a committee to review the issues Ms. Hughes as brought before the City Council. No other action taken on this item.

10. Consider Approval of a Lease of Municipal Airport Property to No. 1 B.F.T.S. Museum, Inc.

Linda Seabolt presented to Council for discussion and consideration Lease of Municipal Airport Property to No. 1 B.F.T.S. Museum, Inc. Councilmember Rick Carmona made a motion to table this item to the September 18, 2001 meeting. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried. Mayor Madgwick abstained.

11. Discuss and Consider Appointments to the Terrell Municipal Airport Board.

Mayor Henry Madgwick Mayor called Peter Esposito to come before forward to discuss the Airport Board appointments. Pro tem Frances Anderson made a motion to re-appoint Bill Jenkins and Hugh Littleton. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

12. Discuss and Consider Date, Time and Location of Second Town Hall Meeting.

Linda Seabolt presented to Council for discussion and consideration Date, Time and Location of Second Town Hall Meeting. Mayor Henry Madgwick made a motion to set the Second Town Hall Meeting on September 27, 2001 at 7:00 p.m. at City Hall. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

13. Discuss and Consider Setting Date, Time and Location for Fall Retreat.

Mayor Henry Madgwick made a motion to approve Councilmember Tommy Spencer's recommendation for October 12-13, 2001 at the Hampton Inn in Mesquite Texas for Fall Retreat. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

14. Discuss and Consider Approval of Ordinance No. 2087 - Amending Code of Ordinances Chapter 9 to Add Section 11 - "Officer and Employee Liability Plan".

Passed to after Executive Session.

15. Hear Remarks from Visitors.

Peter Esposito spoke to Council regarding clarification to B.F.T.S. lease. He was asked to meet the City Manager's staff.

Old Business
Consent Agenda

16. Discuss and Consider Adoption on Second Reading Ordinance No. 2079 - Adopting Fiscal Year 2001-2002 Budget.

Linda Seabolt presented to Council for discussion and consideration Ordinance No. 2079 - Adopting Fiscal Year 2001-2002 Budget on second reading. Councilmember Lee Schaeffer made a motion to adopt Ordinance No. 2079 - Adopting Fiscal Year 2001-2002 Budget. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2079

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, as required by Article V. of the City Charter, the City Manager has prepared and submitted to the City Council a proposed budget of revenues and expenditures for conducting the affairs of the City and providing a complete financial plan for the fiscal year beginning October 1, 2001, and ending September 30, 2002; and

WHEREAS, the City Council has received the City Manager's proposed budget, a copy of which and all supporting schedules have been filed with the City Secretary of the City of Terrell, Texas; and

WHEREAS, the City Council has conducted the necessary public hearings as required by law;

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

SECTION 1. That the proposed budget of the revenue and expenditures necessary for conducting the affairs of the City of Terrell, Texas, is as follows:

General Fund $11,617,909
Utility Fund $ 5,754,695
Utility Capital Reserve Fund $ 1,026,500
Equipment Replacement Fund $ 712,217
Airport Fund $ 142,950
Development Incentive Fund $ 775,445
Interest & Sinking No. 1 Debt Service Fund $ 1,410,345
Interest & Sinking No. 2 Debt Service Fund $ 232,383
Tourism Fund $ 172,000

and provides a complete financial plan for the fiscal year beginning October 1, 2001, and ending September 30, 2002 as submitted to the City Council by the City Manager, attached hereto as Exhibit "A", and the same is hereby adopted and approved as the budget of the City of Terrell, Texas for the fiscal year beginning October 1, 2001, and ending September 30, 2002.

SECTION 2. That the sum of $21,844,444.00 is hereby appropriated for the payment of the expenditures established in the approved budget for the fiscal year beginning October 1, 2001 and ending September 30, 2002.

SECTION 3. That the expenditures during the fiscal year beginning October 1, 2001 and ending September 30, 2002 shall be made in accordance with the budget approved by this ordinance unless otherwise authorized by a duly enacted ordinance of the City of Terrell, Texas.

SECTION 4. That all budget amendments and transfers of budgeted appropriations from one account to another account within any classification for the fiscal year 2000-2001 are hereby ratified and the budget Ordinance for fiscal year 2000-2001 heretofore enacted by the City Council be and the same is hereby amended to the extent of such transfers and amendments for all purposes.

SECTION 5. That specific authority is given to the City Manager to make the following adjustments:

1. Transfer of appropriations budgeted from one account classification to another account classification within the same department.
2. Transfer of appropriations from designated appropriation from one department or activity to another department or activity with the same fund.

SECTION 6. That all provisions of the Ordinances of the City of Terrell, Texas in conflict with the provisions of this ordinance be and the same are hereby repealed and all other provisions of the Ordinances of the City of Terrell, Texas not in conflict with the provisions of this Ordinance shall remain in full force and effect.

SECTION 7. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional.

SECTION 8. This Ordinance shall take effect from and after its passage as the law and charter in such cases provide.

Passed and approved this the 21st day of August, 2001.
Passed and adopted this the 4th day of September, 2001.

17. Discuss and Consider Adoption on Second Reading Ordinance No. 2080 - Setting the Tax Rate for 2001.

Linda Seabolt presented to Council for discussion and consideration Ordinance No. 2080 - Setting the Tax Rate for 2001 on second reading. Councilmember Lee Schaeffer made a motion to adopt Ordinance No. 2080 - Setting the Tax Rate for 2001 on second reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2080

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 2001 AND LEVYING AND ORDERING COLLECTION FOR THE YEAR 2001 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, 2002, the sum of $0.65 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 $0.4700
Interest/Sinking Fund $0.1800

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 21st day of August, 2001.
Passed and adopted this the 4th day of September, 2001.

18. Discuss and Consider Adoption on Second Reading Ordinance No. 2081 - Adopting a Financial Policy Manual.

Linda Seabolt presented to Council for discussion and consideration Ordinance No. 2081 - Adopting a Financial Policy Manual on second reading. Councilmember Lee Schaeffer made a motion to table Ordinance No. 2081 - Adopting a Financial Policy Manual. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

19. Discuss and Consider Adoption on Second Reading Ordinance No. 2084 - Request for a Specific Use Permit to Construct an Accessory Dwelling Unit on Property Located at 508 Bradshaw Street Described as Block 572, Terrell Revised.

Linda Seabolt presented to Council for discussion and consideration Ordinance No 2084 - Request for a Specific Use Permit to Construct an Accessory Dwelling Unit on Property Located at 508 Bradshaw Street Described as Block 572, Terrell Revised. Councilmember Tommy Spencer made a motion to adopt Ordinance No. 2084 - Request for a Specific Use Permit to Construct an Accessory Dwelling Unit on Property Located at 508 Bradshaw Street Described as Block 572, Terrell Revised. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2084

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT TO CONSTRUCT AN ACCESSORY DWELLING UNIT ON PROPERTY DESCRIBED AS BLOCK 572, TERRELL REVISED OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

SECTION I.

WHEREAS, the City Council of the City of Terrell, following public hearing and recommendation of approval by the Planning and Zoning Commission, held a public hearing at 5:30 p.m. on Tuesday, August 21, 2001, in the Council Chamber of the City Hall in Terrell, Texas to consider a request for a Specific Use Permit to construct an Accessory Dwelling Unit on property described as , Block 572, Terrell Revised, City of Terrell, Kaufman County, Texas; and

WHEREAS, the City Council has determined the real property is located in a Single Family (1F2) zoning district; and

WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Terrell to grant the specific use permit.

NOW, THERFORE, BE IT ORDAINED by the City Council of the City of Terrell, Texas that:

A Specific Use Permit is granted to construct an Accessory Dwelling Unit on property described as Block 572, Terrell Revised, City of Terrell, Kaufman County, Texas.

This Specific Use Permit shall take effect immediately from and after its passage and upon said Dwelling complying with all terms and conditions set further herein:

The new use classification for Accessory Dwelling Unit shall be defined and explained as: A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters and includes facilities for food preparation and sleeping subordinate to and incidental to the primary use of the main building or to the primary use of the premises. Stipulations include: cannot be used as rental property; cannot maintain an independent address; combination of unit and structure cannot exceed lot coverage and floor area ratio as described in Section 8?800 of the Terrell Zoning Ordinance; structure must be located in rear yard and maintain five foot (5') rear and side yard.

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 unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the city council without the incorporation in 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 this the 21st day of August, 2001.
Passed and adopted this the 4th day of September, 2001.

20. Discuss and Consider Adoption on Second Reading Ordinance No. 2078 - Amending Appendix 1, Fee Schedule, Section 27: Water Service Rates, Paragraphs (1) through (6) and Section 28: Sewer Service Rates and Charges of the Revised Code of Ordinances of the City of Terrell, Texas; Providing for Severability and Providing an Effective Date.

Linda Seabolt presented to Council for discussion and consideration Ordinance No. 2078 - Amending Appendix 1, Fee Schedule, Section 27: Water Service Rates, Paragraphs (1) through (6) and Section 28: Sewer Service Rates and Charges of the Revised Code of Ordinances of the City of Terrell, Texas; Providing for Severability and Providing an Effective Date. Councilmember Lee Schaeffer made a motion to adopt Ordinance No. 2078 - Amending Appendix 1, Fee Schedule, Section 27: Water Service Rates, Paragraphs (1) through (6) and Section 28: Sewer Service Rates and Charges of the Revised Code of Ordinances of the City of Terrell, Texas; Providing for Severability and Providing an Effective Date. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2078

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 27: WATER SERVICE RATES, PARAGRAPHS (1) THROUGH (6) AND SECTION 28: SEWER SERVICE 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.

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

THAT Appendix I, Fee Schedule, SECTION 27, WATER SERVICE RATES, PARAGRAPHS (1) THROUGH (6) AND SECTION 28, SEWER SERVICE RATES AND CHARGES, of the Revised Code of Ordinances of the City of Terrell, Texas, shall hereby be amended to read as follows:

Section I.

SECTION 27: WATER SERVICE RATES

The following schedule of monthly rates or charges for water services furnished by the City shall be and such is hereby adopted and established as follows:

(1) Residential Rates. All residential units shall be charged on the following basis:

Minimum Bill $7.50 per month
Volume Charge for all
consumption per month $2.32 per 1,000 gallons

Duplexes, apartments and mobile home parks not being metered on an individual living unit basis, shall be charged a monthly minimum bill per dwelling unit based on 80% occupancy of complex. (Example: 100 unit complex - 100 x 80% - 80 x $7.50 = $600.00 + 2.32 per 1,000 gallons)

Non-residential customers, other than the State Hospital, shall be classified as "Light Commercial", "Heavy Commercial/Industrial" or "Pretreatment". Light Commercial customers are those who use an average of 7,500 gallons of water per month, OR LESS, and are NOT in the food processing business. Pretreatment class customers are those firms which are required to comply with a local industrial wastewater discharge permit. The remaining customers in this group shall be classified as Heavy Commercial/Industrial.

(2) Light Commercial Rates. All commercial customers shall be charged on the following basis:
Minimum bill $12.50 per month
Volume Charge for all
consumption per month $2.32 per 1,000 gallons

Those businesses not being metered on an individual unit basis, shall be charged a minimum monthly bill per business.

(3) Heavy Commercial/Industrial Rates: All heavy commercial and industrial class customers shall be charged on the following basis.

Minimum bill $45.00 per month
Volume charge for all
consumption per month $2.32 per 1, 000 gallons

(4) Pretreatment Rates: All customers that require pretreatment of wastewater shall be charged for water on the following basis:

Minimum bill $45.00 per month
Volume charge for all
consumption per month $2.32 per 1,000 gallons

(5) Terrell State Hospital shall be charged on the same basis and at the same rates as charged to heavy commercial, light commercial and residential customers dependent upon the type of facility using such services.

(6) Rural Water Supply Rates. Customer rural water supply corporations will be charged $1.76 per 1,000 gallons of metered water effective January 1, 2002.

SECTION 28: SEWER SERVICE RATES AND CHARGES

The following schedule of monthly rates or charges for sewer services furnished by the City shall be and such is hereby adopted and established as follows:

(1) Residential Rates. All residential units shall be charged on the following basis:

Minimum bill $11.50 per month

Volume Charge for all
consumption per month* $1.85 per 1,000 gallons

· Volume charges are based on winter-average (Dec., Jan., Feb.) water consumption.

(2) Lt. Commercial Rates. All commercial customers shall be charged on the following basis:

Minimum bill $25.00 per month
Volume charge $1.85 per 1,000 gallons

Those businesses not being metered on an individual unit basis, shall be charged a minimum monthly bill per business.

(3) Heavy Commercial/Industrial. All heavy commercial and industrial customers shall be charged on the following basis:

Minimum bill $85.00 per month
Volume charge $1.85 per 1,000 gallons

(4) Pretreatment. All customers that require pretreatment of wastewater shall be charged on the following basis:

Minimum bill $340.00 per month
Volume charge $1.85 per 1,000 gallons

(5) Customer Review. Where the city manager determines that wastewater charges should be based directly on the customer's contribution to the wastewater system, volume charges for the discharge shall be made as follows:

Volume charge for normal $1.85 per 1,000 gallons
domestic wastewater per of wastewater
month

The customer shall pay for any required sampling in advance. The charge for sampling shall be as estimated by the pretreatment coordinator based upon the city's actual cost for similar services.

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 Ordinanc e shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in 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 this the 21st day of August, 2001.
Passed and adopted this the 4th day of September, 2001.

21. Adjourn into Executive Session in Accordance with Section 551 o the Texas Local Government Code to Discuss the Following:

e.) Section 551.071 - Pending Litigation - Cause No. 59113; District Court, Kaufman County, Texas.
f.) Section 551.072 - Acquisition of Property - Sanitary Sewer Easement.

22. Reconvene into Regular Session and Consider Action, if any, on Items Discussed in Executive Session.

There was no action taken in Executive Session.

14. Discuss and Consider Approval of Ordinance No. 2087 - Amending Code of Ordinances Chapter 9 to Add Section 11 - "Officer and Employee Liability Plan".

Linda Seabolt presented to Council for discussion and consideration Ordinance No. 2087 - Amending Code of Ordinances Chapter 9 to Add Section 11 - "Officer and Employee Liability Plan on first reading. Councilmember Lee Schaeffer made a motion to approve Ordinance No. 2087 - Amending Code of Ordinances Chapter 9 to Add Section 11 - "Officer and Employee Liability Plan" on first reading. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2087

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS BY AMENDING CHAPTER 9: PERSONNEL TO ADD SECTION 11; PROVIDING FOR A CITY OFFICER AND EMPLOYEE LIABILITY PLAN; PROVIDING DEFINITIONS; PROVIDING LIMITS OF COVERAGE; PROVIDING SUBROGATION; PROVIDING LEGAL REPRESENTATION; PROVIDING FOR DETERMINATION OF COVERAGE; PROVIDING FOR REPEALING CAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

23. 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

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