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1978-08-01 CITY OF SOUTHLAKE, TEXAS 667 N. Carroll Avenue Southlake, Texas REGULAR CITY COUNCIL MEETING August 1, 1978 7:30 p.m. A C E N D A I. Res©lution 78-21 - Acceptance of City Secretary's Resignation/ Appointment of Temporary City Secretary. II. Tri-County Electric Co-op Rate Application; Consideration of Resolution Suspending Effective Date. III. Consideration Of Passage Of Ordinance Regarding Personal Rules And Regulations. N. Consideration of Resolution 78-22; Regarding Liaison Officers. IT. General Discussion : Roads and Building Permits in Quail Crook Estates; Request by Ms. Muck Buchanan. VI. Public Hearing ZA 78-8; Zoning Request from Agricultural With a Special Use Clause to Light Industrial District. 0. W. Knight `lirvey, Abstract #899, Request by Mr. Al Pinson. VII. Appointment, of Arson Investigator( s). VIII. Bills For Approval. IX. Mayor Is Report. I hereby certify that the above Agenda was posted on the Bulletin Board and Front Door in the City Hall, 667 N. Carroll Avenue on Friday, July' 28, 1978 at 10:00 a.m. City Secretary to cn ,b G N C 1 CITY OF SOUTH LAKE, TEXAS 0 Minutes of : Reqular City Council Meetipq d p Date : August 1,1978 7d Time . 7:30 p.m. N Place City of Southlake, Council Chambers. 667 N. Carroll Avenue. i` Southlake, Texas NAME OF MEMBER - PACE 1 ~ INDEX NO. CA I COUNCILMEMBERS PRESENT Mayor, Pat Hawk,; Mayor Pro Tem, Sam Sparger, Councilpersons, Louise Morrison, A.C. Urbanosky, Lloyd Harper, Brad Popkin. STAFF MEMBERS PRESENT: City Attorney, Doug Campbell, Fire Chief,Bob Steele. INVOCATION: Mayor Pro Tem: Sam Sparger. I Minutes to the last regular City Council Meeting were approved as presented. Sparger x jResolution 78-21, Acceptance of City RESOLUTION 71 Morrison X Secretary, Karen Black's resignation. 21. APPOIN' Harper x Her resignation was to be effective on MENT OF TEW Urbanosky I x July 31,1978. The resolution also allowed CITY SECRETA] Popkin I x for the appointment of Sandra L. LeGrand to fill the vacancy in a temporary capacity. I Si- _ger x x Attorney, Doug Campbell briefed the council TRI COUNTY Morrison x on the rate application for Tri County RATE APPLICE Harper x Electric Co Op. The increase is to be- TION. Lrbanosky x come effective on August 16 unless the City Popkin i x x wishes to suspend it. Campbell presented his findings to the council. Findings were approved. j Sparger I I j x The findings were supported by Resolution RESOLUTION Morrison I I 1 x 78-23. Resolutions was approved. 78-23 Harper x x Urbanosky I x Popkin i x j x Doug Campbell presented his draft on the PERSONNEL I j changes to the current personnel rules and RULES AND regulations. Mr. Campbell recommended that REGULATIONS. the Rules and Regulations should be in the ! (form of an Ordinance rather than a Resolution. There was disagreement with that among council persons as well as the legality of the Liaison Form of City I (Government. After extensive discussion on 1 the above subjects, no action was taken on Resolution 78-45. The council did agree to take the part out of the draft which has to do with the Ifiring of employees. Mayor Hawk will set up a work session for further discussion on the Personnel Rules and Regulations. o (n W o ° ' CITY OF SOUTHLAKE, TEXAS d d Minutes of : Regular City Council Meeti4g ° Date • Au ust 1,1978 Time 7:30 p.m. Place : City of Southlake, Council: Chambers. 667 N. Carroll Avenue. Southlake, Texas NAND OF MEMBER PAGE 2 INDEX NO. CAP. i Mayor Pro Tem, Sparger read a letter from! STREETS IN Precinct 3 Commissioner Lyn Gregory, stat= SUBDIVIMONS. ing that the county does not do street I work for individual developers. Their duty is to help with city streets only. Sparger x x Morrison ' ZA 78-8. Rezoning request for Alfred x Pinson. Mr Pinson gave his presentation. ZONING REQUES' Harper x Urbanosky ~ I X Sparger read the minutes of the 1967 ALFRED PINSON AG. TO S Popkin x x city council meeting where Mr. Pinson was granted the permission to operate with a SERVICE COMME] "revert clause" included. Mr. Campbell refered to his operation as a "non conforming use". This is a public hearing. C.A. Prade, 400 S. Carroll Avenue, adjoin- ing property owner, spoke and has no objection to the school or business but does object to a rezoning because of the ! possibilities that could go on the property in the future. Bill Rucker also a property owner within 200 feet agrees with Mr. Prade. After discussion, Mr. Pinson suggested he change his request to Service !Commercial for the property and be allowed to operate the manufacturing as a non conforming use. The tract the house, is on will remain agricultural. Council passed and approved the action. Mayor Hawk read Resolution 78-24. The RESOLUTION Sparger Morrison ( f X appointment of two Arson Investigators. 78-24. Harper I X I X Charles Dodson and Tom Lang. APPOINTMENT urbanosky i I x Council approved the Resolution. OF ARSON INVESTIGATORS. Popkin I x x Council passed and approved the Bills BILLS FOR to be paid. ( Attached hereto and made APPROVAL. a part hereof.) f ITnder Mayors Report, Mayor Hawk read MAYORS REPORT iarticles from the Grapevine Sun and Grapevine News Advertiser. It refered to raising taxes in Southlake. The informa- tion was false and Mayor Hawk will persue with deligence, the articles in said apers. Ippayor Hawk met with Mr. Joe Gregory about ;the water quality, as per the last meeting. Councilperson Morrision wants to work with the mayor on this. 1 M N U) 'O GO M O O ' CITY OF SOUTHLAKE, TEXAS z d d Minutes of Regular City Council Meeti 9 d p q o Date August 1,1978 Time 7:30 p.m. Place City of Southlake, Council' Chambers. 1 667 N. Carroll Avenue. Southlake, Texas i NAME OF t, PACE 3 f INDEX NO. CAP, The meeting was closed for a personnel discussion. I No action was taken after the closed I I session. I i I i I I i Mayor City Secretary I i i I I ~ ' i I I i I i j OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT CITY OF SOUTHLAKE I, Sandra L. LeGrand, do solemnly swear that I will faithfully execute the duties as City Secretary/Treasurer, of the City of South- lake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States and of this City; and I furthermore do solemnly swear that I have not directly or in- directly paid, offered, or promised to ppy, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment. Sao Help Me God. ndra LeGrand SUBSCRIBED AND SWORN TO before me, this the lst day of August, 1978. Mayor RESOLUTION NO. 78-21 WHEREAS, on the 17th day of July 1978, the resignation of KAREN BLACK, as the City Secretary of the City of Southlake, was submitted to Mayor Pat Hawk and City Council of the City of Southlake, Texas, being effective on the 31st day of July 1978, and, WHEREAS, the Mayor asks that the City Council ratify his acceptance of the resignation of Mrs. Karen Black in all capacities as an employee and/ or officer of the City of Southlake, and, WHEREAS, it is necessary for the administration of the City's Business for the benefit and welfare of the City that an appointment be made to fill such vacancy; now, WHEREAS, such vacancy may be filled by appointment of the Mayor with the advice and consent of the City Council in accordnace with Article 977, Revised Civil Statutes, and THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: The City Council of the City of Southlake, Texas ratifies the Mayor's acceptance of the resignation of Mrs. Karen Black in all capacities as an employee/and or officer of the City of Southlake,Texas and declares such offices vacant, and, Sandra L. LeGrand BE and is hereby appointed to fill the position tem- porarily of City Secretary/City Treasure of the City of Southlake,Texas, PASSED AND APPROVED THIS 1st DAY OF AUGUST,1978. Mayor ATTEST: City Secretary RESOLUTION NO. 78- CITY OF SOiTigILAKE, TEXAS WHEREAS, approximately July 6, 1978, Tri-County Electric Cooperative, Inc. filed with the City of Southlake, Texas, a request for rate change; and, WHEREAS, the City Attorney and City Council have made a preliminary review of said application and will set the date of the first public hearing at a later time in this present regular City Council session; and, WHEREAS, pending hearings on said application and the future decision of the said City thereon and while such matter is pending, the said City, through its City Council, deems it in the best interest of the City and its citizen customers of said utility that the operation of any proposed rate change, in whole or in part, of the said utility be suspended until final action of the said City Council on said rate change request or December 6, 1978, whichever event occurs first; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SOUPHL,AKE, TEXAS: That the effective date of any change in the rate schedule of Tri-County Electric Cooperative,Inc. within the City of Southlake, Texas existing prior to August 16, 1978 be and the same is hereby suspended until final action of said City Council on the said rate change request; or December 6, 1978, whichever event occurs first; That such suspension shall be effective upon delivery of a copy of this resolution to said Tri-County Electric Cooperative, Inc. after delivery of the written reasons for such suspension which are attached hereto for reference purposes; That during the period of suspension as above provided the rates in force prior to the filing of the present rate increase application by Tri-County Electric Cooperative,lnc. shall continue in force; and, BE IT FURTHER RESOLVED: That the City Secretary is hereby authorized and directed to deliver a copy of this resolution to said utility company after delivery of the written reasons therefor, such delivery to be by certified mail, return receipt requested, or by personal delivery. ADOPTED AND APPROVED this _'Z da f August, 1978. ATTEST: /J Mayor 'J~ City Secretary FINDINGS OF CITY COUNCIL OF CITY OF SOUTILAI(E, TEXAS CONCERNING REASONS FOR SUSPENSION OF ANY RATE CHANGE IN RATE SCHEDULE OF TRI-COUNTY ELECTRIC COOPERATIVEJNC. The reasons of the City Council of the City of Southlake, Texas for the consideration of and the passing of Reaoluticn No. 78- 2 3 , which reasons were adopted by the said City Council prior to the actual passage of such resolution, are as follows: I. The application for rate adjustment was first received by the said City July 6, 1978 and only one Council meeting has transpired since such date, and the Council believes that approximately 120 days or more will be needed for adequate review of the matter by the Council itself, its attorney, and the conducting of public hearings. II. A clarification of the test period involved needs to be made as apparently there is an erroneous test period of 1-1-1967 thru 12-31-1976 as the adjusted test year in the application. The Utility is hereby requested to advise of the correct test year and if such test year and data supporting the same is the same information as on file in the Public Utility Commission of Texas Docket No. 1395. III. It will be necessary and proper for the citizens of the City of Southlake, Texas to engage in public hearings and hear discussions both by the regulatory body and Utility at rate hearings, which first rate hearing date the Council will set later in this said Council meeting but it is contemplated such hearings will not commence until the last meeting in September, 1978, at the earliest, due to the pressing matters of budget and change in city personnel. TV. The status of Docket No. 680 on file with the Public Utility Commission of Texas which is an appeal by the utility and which is still pending by order of said Commission issued September 21, 1977, and the City attorney is hereby authorized to investigate such status. V. In the event the utility is basing its application on the test period of the year 1976, as adjusted, the Council believes it needs more current data and requests any available more current data including a comparision of 1978 estimated and actual fuel cost adjustment factors and/or purchase power adjustment factors. The said utility failed to furnish all data requested at the last public hearing on the previous rate application and the Council authorized its atforney to request in writing from the utility by not later than August 15, 1978, such requested information. VI. The Council finds that an apparent violation of the utility's franchise agreement with the City could occur by the unrestricted right of the utility to extend service to any permanent residence wherever located within the City of Southlake, Texas as provided in Section 1AR Extension Policy of the pending rate application Tariff sheets. VII. The City Council has been advised that the Supreme Court of Texas on July 26, 1978 in the case of Southwestern Bell Company vs. Public Utility Commission of Texas has rendered an opinion concerning has rates shall be based under the Public Utility Regulatory Act and such decision together with the pending application information and Commission order in Docket No. 1395 should be reviewed prior to any action by this City Council and the City attorney is so rested to make such review and the utility is requested to furnish an executed copy of final CamAssion order in Docket No. 1395 as the same applies to the customers outside the city limits of Southlake, Texas. VIII. Based on the preliminary review of the information on hand by the said City Council, the City Council is of the present opinion that there is insufficient information to pass on a rate change and it presently appears that obtaining proper information and public hearings and proper review could be accomplished by the Council meeting of December 5, 1978 and that the rate increase should be suspended at least until such date. IX. The Council further finds that in PUC Docket 1973 an order was apparently entered in which the changing of corporate structure was approved by the PUC in connection with the applicant utility, Brazos Electric Pacer Cooperative,Inc. and other companies pertaining to San Miguel Plant Project and information ooncerning a description of such matter and the effect, if any, it has on the rate application of the applicant utility is hereby requested from said utility. The above findings made by the City Council of the City of Southlake,Texas on this the Z, 4-day of August, 1978. f ATTEST ' I Z~~ J ,4 - - I - Mayor L4- City Secretary BILLS FOR APPROVAL AUGUST 1,1978 City Thompson Printing Service 7/24/78 $ 133.10 Conoco N74708 77.00 M.M.I. 8/01-78 755.32 Grapevine News Advertiser Classified 02567,02613 8.50 Larry's Heating and Air Conditioning 3489 173.00 Exxon Company 7/24/78 35.31 Xerox 108660738 15.52 Dennis Electric Company Inc. 7/17/78 146.49 Rohne and Hoddenpyle 7/17/78 189.71 Total $ 1,534.15 Police Thompson Printing 7/26/78 40.00 White's Auto Store 236205 15.84 A- OK Locksmith 1029 6.39 City of Fort Worth 7-75 20.00 City of Grapevine Ambulance Service 7-24-78 145.00 Total $ 207.23 Fire Miller Muffler 7/05/78 37.71 Total $ 37.71 Water.',,... Johnson Laboratory and Supply Co. 1871,1222 110.70 A-OK Locksmith 1212 4.66 Kemp Clemical,Inc. 00455 90.00 The Rohan Co. 59439 167.04 Bowles and Edens Co. 05033 100.00 Gifford Hill & Co. 176177 93.30 Fittings Supply Company and Inc. 23315 330.88 Total $ 896.58 Utilities... Lone Star Gas Co. 7/78 8.59 General Telephone 7/19/78 304.49 Total $ 313.08 Grand Total... $ 2,988.75