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1978-08-01 CC PacketOATH 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. fATTESTI Z~~ J 4 I - MayorL4- 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