HomeMy WebLinkAbout1981-08-04 - Regular City CouncilREGULAR SESSION - TUESDAY
AUGUST 4, 1981 - 7:00 P.M.
CHAMBER OF THE CITY COUNCIL
CITY HALL, STEPHENVILLE, TEXAS
The City Council of the City of Stephenville, Texas, met in
Regular Session Tuesday, August 4, 1981 at 7:00 p.m. with Mayor
Joe F. Cummings present and presiding.
MEMBERS PRESENT:
G. A. Swindle Raymond Anderson
W. M. Irwin E. W. Ferguson
William G. Brede Larry Hammett
Charles Riggins David Clayton
MEMBERS ABSENT:
None
OTHERS ATTENDING:
City Administrator Kurt J. Ackermann Cecil Davis
City Secretary Joyce Pemberton Tryggvi Helgason
City Attorney Joseph Chandler Connie Birdsong
Director of Finance Charlene Young Bob Scott
Director of Public Works R. Y. Gann Robert Walker
Chief of Police Mike Watkins J. W. Beck
Water Dept.Supervisor J.D.Chapman Jerry Singleton
Nita Perryman
Mayor Cummings called the meeting to order and declared a
quorum present.
ITEM I: APPROVAL OF MINUTES.
Councilman Irwin moved, seconded by Councilman Ferguson, that
the minutes of the council meetings of July 7th and July 24th, 1981,
be approved as written. Motion carried unanimously.
ITEM II: DISCUSS SALE OF HARBIN DR. PROPERTY LOCATED
City Administrator Kurt Ackermann explained tha the Church of
the Nazarene was interested in relocating and felt the city owned
property on Harbin Drive between the Presbyterian Church and Lacy
Funeral Home was a primary site and was interested in bidding for
the property. Said property is presently zoned R-1 which does allow
churches and schools along with single family dwellings. The Council
needs to decide whether or not to put the property,up for public bids., -
Councilman Anderson commented that he had never been much for
selling city property. This is a_good piece of property, but he did
not know what the city would ever do with it.
Mayor Cummings and Councilman Clayton commented that with the
size
the
lot,
the
location
and
the
keepizoning tthey could not see that
thecity wouldorcouldbenefitby
City Administrator Ackermann commented that recently the P & Z
Commission had recommended the sale of this property and to get the
best dollar value from it to rezone it to B-1. At that time, the area
residents had voiced their opposition to the rezoning.
V
135
After more discussion, Councilman Swindle moved, seconded by
Councilman Irwin, that the city owned property located on Harbin Dr
between the Presbyterian Church and Lacy Funeral Home not be sold
because, with the development of the Jaycee Park, an acre is big
enough to put something on and this lot might be needed sometime in
the future.
After more discussion, Mayor Cummings called for question on the
above motion. The motion carried by the following vote:
FOR: Councilmen Swindle, Irwin, Brede, Riggins, Anderson,
Ferguson and Hammett.
AGAINST: Councilman Clayton
ITEM III: REPORT FROM CROSS TIMBERS FINE ARTS COUNCIL.
Mrs. Connie Birdsong, President of the Cross Timbers Fine Arts
Council, came before the Council with a report of the Fine Arts Council's
use of the first quarter funds received from the additional 1% Hotel -
Motel Occupancy Tax levied by the City in January, 1981.
Mrs. Birdsong reported that the Fine Arts Council has obtained
their tax-free non-profit status from the federal government and have
applied for a non-profit mailing status.
Should the Fine Arts Council be dissolved, any assets the cor-
poration might have would be distributed exclusively to charitable,
religious, scientific, testing for public safety, literary and
educational organizations which would then qualify under the provisions
of Section 501c3 of the Internal Revenue Code and its regulations as
they now exist or as they may hereafter be amended..
Mrs. Birdsong advised that on June 19, 1981, the Fine Arts Council
received a check in the amount of $2,186.77 for the first quarter
ending March 31, 1981, representing the 1% Hotel -Motel Occupancy Tax
awarded to the Cross Timbers Fine Arts Council. The money to be used
as follows:
$2,186.77
$ 850.00 - Hanzel & Gretel Production
$ 115.00 - Use of High School Auditorium
1,221.77 Balance plus money they have to file for a grant for
the Texas Little Symphony.
In closing her report Mrs. Birdsong thanked the Council for
their support.
Councilman Brede moved, seconded by Councilman Clayton, that the
report from the Cross.Timbers Fine.Arts Council be accepted as pre-
sented by Mrs. Birdsong. Motion carried unanimously.
ITEM IV: HEAR REPORT FROM AIRPORT ADVISORY BOARD REGARDING
TRANSFER OF MANAGEMENT CONTRACT.
Mayor Cummings advised that no one from the Advisory Board was
present to make said report.
Councilman Swindle asked that Mr. Cecil Davis, airport manager,
be allowed to explain to the Council what he is proposing to do with-
out going through the Airport Advisory Board.
Mayor Cummings said he had planned to allow the Advisory Board
one more week to make a recommendation. As a matter of policy, it
has been determined that the Airport Advisory Board would handle matters
of this type and make recommendations to the Council. Also there are
several other matters needing the Advisory Board's attention. The
Mayor then directed Mr. Ackermann to see if he could get the Board
together for a meeting, if not, he would appoint another board.
Councilman Swindle said he realized this would not be according
to policy, but he felt it would be to the best interest of the city
as time is of the essence.
Mr. Cecil Davis, manager of the airport, addressed the Council
explaining that he and Mr. Tryggvi Helgason have negotiated a deal
whereby transferring the management of the airport from himself to
Mr. Helgason, pending approval of the City Council. Mr. Davis said
he had approximately 32 years remaining on his contract. and he would
like for Mr. Helgason to assume the remainder of his contract. At
the expiration of this contract, Mr. Helgason could negotiate a new
contract.
Mr. Davis advised that the Council might want to discuss levying
a charge of one or two cents per gallon on gasoline. He has discussed
this with Mr. Helgason and he had been agreeable.
Mr. Davis also stated there would be no change in personnel as
he would still be around for consultation and the shop personnel
would remain the same..
Mr. Tryggvi Helgason came before the Council. He advised he has
been in the aviation business all of his life. His plans are to con-
tinue the airport operations in a very similar manner with the ex-
ception that he might want to increase the air charter activities.
After some discussion, Councilman Clayton moved, seconded by
Councilman Ferguson, that the airport management contract be trans-
ferred from Cecil Davis to Tryggvi Helgason. Motion carried unanimously.
ITEM V: HEAR JERRY SINGLETON REGARDING TP&L RATE REQUEST.
Mr. Jerry Singleton, local manager of Texan. Power & Light Co
addressed the Council regarding the TP&L rate increase request.
Mr. Singleton explained that he,was presenting a rate bond to
bond in the rate handed down by the Public Utility Commission today.
The increase will be bonded effective whenever the PUC so designates.
Mr. Singleton advised that he has not received the order, therefore,
is not sure how much the increase is, but approximately 8.9% and he
presumed will be effective August 5, 1981.
Councilman Riggins commented that should the Council refuse this
rate, TP&L will appeal to the PUC. At that time, the City would have
the right to appear before the PUC to appeal this new rate, but it is
very unlikely they would change this rate for Stephenville as they
have put it into effect in other areas.
Mr. Singleton advised that the City does have the right of appeal
left. All he is doing at this time is bonding the rate, the time table
goes on. He said that through the Texas Municipal League approximately
40 to 60 cities had appeared before the PUC during the rate hearings.
TP&L had originally requested $198.million and the PUC granted $57
million.
After some discussion, Councilman Riggins moved, seconded by
Councilman Swindle, that the Texas Power & Light Co. rate increase
by suspended for 30 days. Motion carried unanimously.
ITEM VI: COMMITTEE REPORT ON LONE STAR GAS RATE REQUEST
Councilman Irwin, chairman of the appointed committee, reported
the rates for Lone Star Gas are set by the Railroad Commission as
opposed to the Public Utility Commission.
Councilman Irwin gave a very detailed account of how the Committee
and Mr. J. W. Beck, local manager of Lone Star Gas, arrived at a
recommendation of an increase of 9.15% instead of the temporary in-
crease granted in April, 1981, of 9.34%.
After discussion, Councilman Irwin moved, seconded by Councilman
Riggins, to approve the Committee's recommendation for a 9.15% in-
STATE OF TEXAS §.
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS S
That Texas Power & Light Company (herein called "TP&L") , a corpor-
ation organized and existing under the laws of the State of Texas and
a public utility as that term is defined in the Public Utility Regula-
tory Act, Article 1446c, Revised Civil Statutes of Texas, is held and
firmly bound unto the City of Stephenville , Texas (herein called
"City"), a municipal corporation of Erath , County,.Texas.
The condition of this obligation is such that:
WHEREAS, on the 6th day of March, 1981, TP&L filed with the
Governing Body of said City its Statement of Intent to change electric
rates charged by TP&L to its customers within said City, and the City
having failed to make its final determination of rates within 90 days
from April 10, 1981, the date that the proposed change otherwise would
have gone into effect, TP&L will put into effect changed rates, which
changed rates will not exceed the rates proposed on March 6, 1981, upon
condition that TP&L shall refund or credit against future bills of its
customers in the City all sums collected during the period of suspension
in excess of the rates finally ordered plus interest at the current rate
as finally determined;
NOW, THEREFORE, if TP&L shall refund or credit against future bills
of its customers in the City all sums, if any, collected pursuant to such
changed rates during the period of suspension in excess of the rates
finally ordered plus interest at the current rate as finally determined,
or if it is determined that TP&L has collected no sums in excess of the -
rates finally ordered, then in such event this obligation shall be null
and void; otherwise to remain in full force and effect.
EXECUTED this 23d day of; July , A.D., 1981.
TEXAS POWER & LIGHT COMPANY
r J
By 4.,
Vice President
ATTEST:
a � A ,?a.
Secretary
136A
ORDINANCE NO.
AN ORDINANCE EXTENDING THE SUSPENSION OF THE EFFECTIVE DATE OF
PROPOSED REVISIONS OF RATES AND SCHEDULES OF TEXAS POWER & LIGHT
COMPANY FOR 30 DAYS FROM AUGUST 8, 1981; PROVIDING THAT THE RATES
OF SAID PUBLIC UTILITY SHALL REMAIN UNCHANGED DURING THE PERIOD
OF SUSPENSION; AND PROVIDING FOR NOTICE HEREOF TO SAID PUBLIC
UTILITY.
WHEREAS, Texas Power & Light Company heretofore, on March 6,
1981, filed with the Governing Body of this City a Statement of
Intent and Petition for Authority to Change Rates for electric
service provided by it within the corporate limits of the City
and proposed that the revised schedules and rates become effective
on April 10, 1981;
WHEREAS, the City has previously suspended the operation and
effective date of the proposed schedule of rates for 120 days
from April 10, 1981; and
WHEREAS, the City Stephenville is of the opinion that there is
necessity to consider a large amount of data in connection with
the request and there is a necessity for public hearings thereon
prior to final determination of the rate request, and consequently
that the suspension of the operation and effective date of the
proposed schedule of rates should be extended for final determination
of the rate request; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
Section 1
The suspension of the effective date of the proposed revision
of rates and schedules of Texas Power & Light Company for electric.
service within the City, heretofore filed on March 6, 1981, is hereby
extended for a period of 30 days from August 8, 1981. The reason for
such extension is to provide additional time for consideration of
data, for the conduct of public hearings and for final determination
of the propriety of the request for a rate increase.
Section 2
The rates of Texas Power & Light Company for electric service
within the City in effect on March 6, 1981, shall continue in force
during the period of suspension as provided in Section 1.
Section 3
The City Secretary is hereby directed, promptly after passage
hereof, to furnish a copy of this Ordinance to Texas Power & Light
Company.
PASSED AND APPROVED this 4th day of August, 1981.
r40-0 1 - 0 — ----aw
ATTEST:
e-t_� L-,1-4
City Secretary
137
increase in rates for Lone Star Gas
Motion carried unanimously.
ITEM VII: FIRST READING OF GULF STATES TELEPHONE FRANCHISE.
Mayor Cummings advised that the committee had made some revisions
in the Gulf States telephone franchise submitted to the Council in
April, 1981, therefore, according to the City Charter, the revised
franchise will have to be read in 3 regular council meetings.
Mayor Cummings read the heading of said franchise.
City Attorney Chandler suggested a copy of said revised franchise
be mailed to each member of the council for them to read and study
before the second reading at next month's regular meeting.
Councilman Brede commented that the printing in telephone di-
rectory was very,very bad.
Mayor Cummings announced there would be a meeting with the
other entities involved regarding the Paluxy River Water Rights
Application Thursday, August 6th at 7:00 p.m. in Council Chambers.
He would like for as many of the Council as possible to attend.
There being no other business to come before the Council,
the meeting adjourned at 8:15 p.m.
M or Joe Cummings
ATTEST:
y ecretary