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HomeMy WebLinkAbout1982-09-07 - Regular City Council219 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, SEPTEMBER 7, 1982 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor Joe F. Cummings Councilman G. A. Swindle Councilman John E. Pollan Councilman William G. Brede Councilman Charles Riggins and with the following members absent Councilman Raymond Anderson Councilman E. W. Ferguson Councilman Ray Reynolds Councilman David Clayton None City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler and others were present. ITEM I APPROVAL OF MINUTES. Councilman Riggins moved that the minutes of the last regular meeting held on the 3rd day of August, 1982, and the special meetings held on the 11th, 19th, and 27th days of August, 1982, be approved as written. Councilman Ferguson seconded the motion. The motion carried by the following vote: AYES: All members present voted aye NOES: None ITEM II: HEAR BUELA BROWN REGARDING PROBLEM WITH BIRDS DESTROYING PROPERTY. Mrs. Buela Brown presented her request that the City Council provide some way for those persons having a problem with the birds destroying their property to get some relief. She suggested that the property owner call the police department for them (the police) to come shoot the birds or permit the property owner to do so. After some discussion, Mayor Cummings advised Mrs. Brown that something would be worked out with the Chief of Police and she would be so advised. ITEM III: CONSIDER RATE REQUEST BY LONE STAR GAS COMPANY. Councilman Swindle moved adoption of the following ordinance: AN ORDINANCE FIXING AND DTERMINING A TEMPORARY GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NAUTURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF STEPHENVILLE, ERATH COUNTY, TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; AND PROVIDING FOR A SCHEDULE OF TEMPORARY SERVICE CHARGES. Councilman Reynolds seconded the motion following vote: AYES: All members present voted aye NOES: None Entire ordinance recorded in minutes. ITEM IV: CONSIDER The motion carried by the REVISING FUEL COST FACTOR TARIFF Councilman Anderson moved adoption of the following ordinance: AN ORDINANCE REVISING THE FUEL COST FACTOR TARIFF SCHEDULE OF TEXAS POWER & LIGHT COMPANY AND PROVIDING A PROCEDURE FOR APPROVAL OF PAY- MENTS TO AFFILIATES OF TEXAS POWER & LIGHT COMPANY, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH REVISED FUEL COST FACTOR TARIFF SCHEDULE AND SAID PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES, PROVIDING CONDITIONS UNDER WHICH SAID REVISED FUEL COST FACTOR TARIFF SCHEDULE MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC. Councilman Ferguson seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None V: PUBLI TO CONSI Mayor Cummings opened the public hearing to consider reclassification of the following properties as recommended by the Planning & Zoning Commission: a. To reclassify from INDUSTRIAL District to B -4 District, being Lot 9, Block 156, City Addition,(2865 W. Washington). Senator Bob Glasgow, representing Holiday Inn - Stephenville, explained that a building permit was issued by the city to Holiday Inn - Stephenville in December, 1981. Site plans and construction plans were presented at that time which included plans for a private club. In June, 1982, an ordinance was adopted by the City Council which requires private clubs to be located in a B -4 District. In order for the Holiday Inn to compete with other motels in the city, a private club is needed, therefore, his request for a reclassification of Lot 9, Block 156, City Addition, from an INDUSTRIAL zoned district to a B -4 district. Mrs. Charlene Sloter and Mrs. M. C. Brandon addressed the Council in opposition to said reclassification. Mrs. Virginia Dorris addressed the Council stating that, in her opinion, it was not a moral issue. The city issued the building permit and got caught in a transition period. Councilman Pollan moved that Lot 9, Block 156, City Addition, be reclassified from INDUSTRIAL District to B -4 District. Councilman Riggins seconded''the motion. The.motion carried by the following vote: AYES: All members present voted aye. NOES: None b. To reclassify from R -1 to B -1, being Lot lb -1, Block 140, City Addition (1622 W. Washington). No one addressed the Council either for or against the above reclassification. Councilman Swindle moved that Lot lb -1, Block 140, City Addition, (1622 W. Washington) be reclassified from R -1 District to B -1 District. Councilman Pollan seconded the motion. The motion carried by the following vote: AYES; All members present voted aye. NOES: None C. To reclassify from R -1 District to B -1 District, being Lots 4, 5, 6, 10, 22 and 23, Block 145, City Addition, (corner of Meador Lane and South Loop). Mr. F. E. Caraway and Rev. Ray Elliott addressed the Council in opposition to said reclassification of the above described property. Mr. Edd Brooks, Mrs. Azalean Little addressed the Council in favor of said reclassification. Mr. Jeremy Curtoys, chairman of the Planning & Zoning Commission, addressed the Council to explain why the P & Z Commission did recommend reclassification of said property. Councilman Anderson moved that Lots 4, 5, 6, 10, 22, and 23, Block 145, City Addition, (corner of Meador Lane and South Loop) be reclassified from R -1 District to B -1 District. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye NOES; None 222 -A AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF STPHENVILLE BY ADDING THERETO SECTIONS 9 -35 AND 9 -36 PROVIDING FOR THE OFFERING OF A REWARD TO ANY PERSON GIVING INFORMATION CAUSING THE ARREST AND CONVICTION OF A PERSON GUILTY OF ARSON WITHIN THE CITY OF STEPHENVILLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One Section 9 -35 is hereby added to Chapter 9 of the Code of Ordinances of the City of Stephenville and such section is as follows: Section 9 -35. The Mayor of said City be and he is hereby required, authorized and empowered to offer a reward of not less than Five Hundred Dollars ($ 500.00), for the arrest and conviction of any person who shall be guilty of the crime of arson as the same is now defined by the penal code of the State of Texas and committed in said City of Stephenville, Texas. Section Two Section 9 -36 is hereby added to Chapter 9 of the Code of Ordinances of the City of Stephenville and such section is as follows: Section 9 -36. Whenever the Mayor of said City shall be informed that any fire which has occurred in said City was of an incendiary origin he shall call for a report on the same by the City Fire Marshal and if said Marshal shall report that such fire was caused by the commission of the said crime of arson it shall thereupon become the duty of said Mayor to offer a reward of not less than Five Hundred Dollars ($'500.00) for the arrest and conviction of such person or persons so guilty of said crime of arson in such case which said reward shall be in the form of a proclamation duly issued by said Mayor under his official signature and attested by the seal of the City and which shall be posted up in a conspicuous place at the City Hall of said City. And upon information being given by any person which shall cause the arrest and conviction of such persons so guilty of a specific case of arson for which said reward shall be offered and after the final conviction of such person or persons such person so giving such informa- tion shall be entitled to receive from said City said reward. Section Three This ordinance shall go into effect immediately from and after its passage. PASSED AND APPROVED this 7th day of September , 1982. Ma ATTEST: it Secretary 222- ORDINANCE NO. AN ORDINANCE REVISING THE FUEL COST FACTOR TARIFF SCHEDULE OF TEXAS POWER & LIGHT COMPANY AND PROVIDING A PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES OF TEXAS POWER & LIGHT COMPANY, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH REVISED FUEL COST FACTOR TARIFF SCHEDULE AND SAID PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES, PROVIDING CONDITIONS UNDER WHICH SAID REVISED FUEL COST FACTOR TARIFF SCHEDULE MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC. WHEREAS, on December 9, 1981, Texas Power & Light Company filed with the Governing Body of this City an Application and Statement of Intent to amend its fuel cost factor tariff schedule applicable to electric service provided by it within the corporate limits of the City and proposed that the revised fuel cost factor tariff schedule become effective on January 13, 1982; and WHEREAS, Texas Power & Light Company, on various occasions amended its proposed effective date postponing same; and WHEREAS, the City has heretofore suspended the operation and proposed effective date in accordance with Section 43(d) of the Public Utility Regulatory Act; and WHEREAS, the City, having considered the attached revised fuel cost factor tariff schedule and procedure for approval of payments to affiliates, finds that same should be approved, being the same fuel cost factor tariff schedule and procedure for approval of payments to affiliates heretofore approved by the Public Utility Commission of Texas in said Commission's Docket No. 4224; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CTRPUF=JF.. , TEXAS: SECTION 1. That the fuel cost factor tariff schedule of Texas Power & Light Company is hereby revised in accordance with Exhibit "A" attached hereto and incorporated herein for all purposes and said fuel cost factor tariff schedule set forth in said Exhibit "A" is hereby approved as the fuel cost factor tariff schedule under which Texas Power & Light Company is authorized to collect charges from its customers in conjunction with the other rates and tariffs of Texas Power & Light Company applicable within the City for the sale of electric power and energy within the corporate limits of the City until such time as said fuel cost factor tariff schedule may be changed, modified, amended or withdrawn, with the approval of the City Council. SECTION 2. That the procedure for approval of payments to affiliates attached hereto as Exhibit "B" and incorporated herein for all purposes is hereby approved for use'and application in connection with the fuel cost factor tariff schedule approved in Section 1 of this Ordinance. SECTION 3. Said fuel cost factor tariff schedule and procedure for approval of payments to affiliates shall be effective for con - sumption from and after final passage of this Ordinance in accordance with the schedule provided in Exhibit "B" hereto. SECTION 4. It is hereby officially found that the meeting at which this Ordinance is passed was open to the public and that due notice of this meeting was posted, all as required by law. PASSED AND APPROVED at a regular meeting of the City Council of STEPHEN ME , Texas, this the 7TH day of SEPTEMBER 1982. ;4ty'lSecretary T: ayor (^^� APPROVED AS TO LEGALITY AND FORM: Ul y Attorney ci,iY of SlL;HENV11.t.E, 'iL:vAS LONE STAR GAS COMPANY TARIFFS 5 SCHEDULES Item A. The following rates are the maximum applica= teof °armont month consumers per meter per month or for any p is available at the same location. Summer rates shall be applicable between the meter reading dates in May and October. Winter rates shall be applicable at all other times. Winter Summer Residential: 85.0000 $5.0000 Customer Charge 3.9901 Per Mcf 3.7401 Per Mcf All Consumption @ If the service period is.lessthan 28 days, the customer charge is $.1786 times the number of days service. Winter Summer Commercial: $8.0000 $8.0000 Customer Charge All Consumption @ 3.9901:Per Mcf 3.7401 Per Mcf If the service period is less than 28 days, the customer charge is $,2857 times the number of days service. Bills are due and payable when rendered and must be paid within ten days from the monthly billing date. Item B. Gas Cost Adjustment Each monthly bill at the above rate shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the near- est $0.0001 per Mcf based upon: (a) A volume factor of 1_ 0250 determined in establishing the above rates for the distribution system as the ratio of ad- justed purchased volumes divided by adjusted sales volumes. (b) The city gate rate estimated to be applicable to volumes pur- chased during the current calendar month, expressed to the nearest $0.0001 per Mcf (shown below as "Re ")., , (c) The base city gate rate of $3.1847 . per Mcf. (2) Correction of the estimated adjustment determined by Item B (1) above shall be included as part of the adjustment for the second following billing month. The correcting factor (shown below as "C ") shall be expressed to the nearest $0.0001 per Mcf based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item B (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is in as part of the adjustment. (3) The adjustment determined by Item B (1) and Item B (2) above shall be multiplied by a tax factor of 1.03959 to include street and alley rental and state occupation tax due to increasing or decreasing Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be :determined to the nearest $0.0001 per Mcf by Item B (1), Item B (2) and Item B (3) as follows: GCA = (Item B (1) + Item B (2) X Item B (3) GCA = (1.0250 ) (Re - $3.1847 ) + C R 1.03959 Item C. Tax Adjustment. The tax adjustment shall be an amount equivalent to the proportionate Part of any new tax, or increased tax, or any other governmental imposition, rental, fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subse- quent to January 1 1982 upon or allocable to the Company's distribution operations, by any new or amended law, ordinance ontract. e or Item D. Cost of Service Adjustment Each monthly bill for residential and commercial gas service shall be ad- justed for changes in the cost of providing such service as follows: (1) Effective with bills rendered for the month of May, 1983 and annually effective each May thereafter, the residential and commercial monthly rate shall be adjusted for changes in the cost per customer of pro - viding gas service (including depreciation but excluding cost of gas, gross receipts taxes, income taxes, and return) for the previous year ended December 31 above or below such cost incurred in the second prior calendar year. These annual adjustments shall be cumulative. The operating expenses used in calculating the adjustments shall be for the applicable distribution system as reported to the Railroad Commission of Texas in the annual report of Lone Star Gas Company. Should the percentage change in cost of service per customer of providing gas service exceed the rate of change in the Implicit Price Deflator of the Gross National Product over the same period of time, the adjustment will be limited to a maximum change computed by multiplying the cost of service per customer of providing gas service in the second prior calendar year ended December 31 by the rate of change in the Implicit Price Deflator of the Gross National Product. The adjustment per bill shall be rounded to the nearest whole cent. (2) The adjustment determined by (1) above shall be multiplied by the same tax factor used in calculating the gas cost adjustment contained herein to include street and alley rental and state occupation tax due to increasing or decreasing Company revenues under this cost of service adjustment provision. Item E. Schedule of Service Charges (1) Reconnect Charge In addition to the charges and rates set out above, the Company shall charge and collect the sum of; Schedule Charge 8 a.m. to 5 p.m. Monday through Friday $20.00 5 p.m. to 8 a.m. Monday.through Friday $30.00 Saturdays, Sundays and Holidays $30.00 as a reconnect charge for each reconnection or reinauguration of gas service, where service has been discontinued at the same premises for any reason, with the following exceptions. (a) For a builder who uses gas temporarily during construction or for display purposes. (b) For the first occupant of the premises. (c) Whenever gas service has been temporarily interrupted because of system outage, service work or appliance installation done by Company; or (d) For any reason deemed necessary for Company operations. (2) Returned Check Charges A returned check handling charge of $5 is made for each check re- turned to the Company for reasons of non - sufficient funds, account closed, payment withheld, invalid signature or improper preparation. ORDINANCE NO. AN ORDINANCE FIRING AND DETERMINING A TEMPORARY GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF STEPHENVILLE ERATH COUNTY, TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; AND PROVIDING FOR A SCHEDULE OF TEMPORARY SERVICE CHARGES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 1. Effective with gas bills rendered on and after thirty (30) days from the proposed effective date of the Company's proposed rates, and during the period of suspension of those rates only, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the city limits of Stephenville , Texas, by Lone Star Gas Company, a Division of ENSERCH CORPORATION, a Texas Corporation, its successors and assigns, is hereby fixed and determined as set forth in Item A, in the Attachment hereto which is incorporated herein. SECTION 2. The residential and commercial rates set forth above shall be adjusted upward or downward from a base of $ 3.1847 per Mcf by a Gas Cost Adjustment Factor expressed as an amount per thousand cubic feet (MCF) of natural gas for changes in the intracompany city gate rate charge as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the Stephenville distribution system, according to Item B, in the Attachment hereto which is incorporated herein. SECTION 3. Company shall also receive tax adjustments according to Item C, in the attachment hereto which is incorporated herein. SECTION 4. The residential and commercial rates set forth above shall . be adjusted upward or downward by a Cost of Service Adjustment Factor expressed as an amount per customer for changes in the cost of service over a twelve month period ending December 31, according to Item D, in the attachment hereto which is incorporated herein. SECTION 5. Rate case expense in not included in the calculation of proposed rates. If rate case expense is incurred in this current case, it is the intention of Lone Star Gas Company to recover the current and any prior rate case expense through a surcharge designed for a six -month nominal recovery period. The surcharge per Mcf would be calculated by dividing the rate case expense to be recovered by one -half of the adjusted annual sales volume to residential and commercial customers. If there is no current rate case expense, the Company will forego recovery of any unamortized prior rate case expense. When a surcharge is applicable, monthly status reports will be provided to account for the collections. SECTION 6. In addition to the aforesaid rates, Company shall, have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations in effect. The service charges set forth in Item E, in the Attachment hereto which is incorporated herein are approved. Services for which no charge is set out in Item E may be performed and charged for by Company at a level established by the normal forces of competition. SECTION 7. The rates set forth in this ordinance - aretemporary and are effective only for the period of suspension of Lone Star's proposed rates, according to Section 43(d) of Art. 1446c, Tex. Rev.. Civ. Stat. Ann. If the final rates determined by the city are lower than these temporary rates, Lone Star shall credit against future customer bills the difference in the amount actually collected by the Company and that which would have been collected had the final rates been in effect during the.period of suspension. The credit shall be made over a period not to exceed 120 days. Service hereunder is sub - ject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file in the Company's office. SECTION 8. It is hereby found and determined that the meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of-the time, place and purpose of said meeting was given. `' QQ PASSED AND APPROVED on this the day ofA.D. ATTEST: Secretary �yor City of Stephenville Texas 221. ITEM VI CONSIDER ARSON REWARD ORDINANCE Councilman Swindle moved adoption of the following ordinance: AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE BY ADDING THERETO SECTION 9 -35 AND 9 -36 PRO- VIDING FOR THE OFFERING OF A REWARD TO ANY PERSON GIVING INFORMATION CAUSING THE ARREST AND CONVICTION OF A PERSON GUILTY OF ARSON WITHIN THE CITY OF STEPHENVILLE. Councilman Ferguson seconded the motion following vote: AYES: All members present voted aye. NOES: None Entire ordinance recorded in minutes. The motion carried by the ITEM VII: APPOINTMENT OF CITY HEALTH OFFICER,FOR COMING YEAR. Mayor Cummings, with the consent of the Council, delayed action on this appointment until Dr. L. M. Altaras could be contacted to see if he would accept re- appointment of this position. ITEM VIII: CONSIDER CITY DEPOSITORY BIDS FOR FISCAL YEAR 1983. City Administrator Kurt Ackermann opened and read the depository bids received from Stephenville Bank and Trust Company and Farmers First National Bank. After discussion, Councilman Swindle moved to award the City Depository Bid to Stephenville Bank and Trust Company for the fiscal year 1983. Councilman Clayton seconded the motion. The motion carried by the following vote: AYES: Councilmen Swindle, Clayton, Pollan, Brede, Anderson, Ferguson, and Reynolds. NOES: Norte ABSTAINED; Councilman Riggins. Let the records reflect that Councilman Riggins did not enter into any of the discussion regarding this item. ITEM IX: CONSIDER PROPOSED WATER RATE SCHEDULE FOR 1982 -1983 BUDGET. Councilman Clayton moved adoption of the following water rate schedule for the 1982 -1983 budget year: 0 -2, 000 gal .------------------- - - - - -- -$3.80 residential /$5.00 commercial 3,000 - 25,000 gal.-------------- - - - - - $ .85/M 26,000 - 49,000 gal .------------ - - - - -- $1.15 /M 50,000 gal. and up -------------------- $1.30 /M Councilman Pollan seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM X: CONSIDER AMENDMENTS TO THE 1981 -1982 BUDGET. After some discussion, Councilman Reynolds moved that the Parks & Recreation Department budget be amended and increased by $8,000.00. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None �2-2,2 ITEM XI: APPOINTMENTS FOR THE 1983 JULY 4TH FUN FAIR COMMITTEE. Mayor Cummings, with the consent of the Council, appointed Gayle and Amy Crabb as new members of the July 4th Fun Fair Committee for three (3) year terms. Also reappointed Jerry & Ann Cox and Billy & Barbara Marcum to the July 4th Fun Fair Committee for three (3) year terms. ITEM XII: AUTHORITY TO INVITE BIDS FOR PIPE FOR WATER DEPARTMENT. Councilman Swindle moved that the Director of Utilities be authorized to invite bids for the purchase of miscellaneous pipe and fittings. Councilman Ferguson seconded the motion. The motion carried by the following vote: AYES: All members present voted aye NOES: None ITEM XIII: CONSIDER PROPOSALS FOR REMOVAL OF PADDOCK STREET ELEVATED STORAGE TANK. Mayor Cummings, with the consent of the Council, postponed this item because some of the bidders have not sent their bids in. This item will be considered in the called meeting on Monday, September 13, 1982. ITEM XIV; EXECUTIVE SESSION There was an executive session to consider personnel, with no action taken. There being no other business, Mayor Cummings adjourned the meeting at 10:10 p.m. ir - Uumm3-i%tgs, Mayor ATTEST- 'Z#2.4.44 A eacretary