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Home My WebLink About1977-04-05 Regular Meeting � I � � � ; � ; j CITY OF GRAPEVINE, TEXAS s � REGULAR CITY COUNCIL MEETING � TUESDAY, APRIL 5, 1977 AT 7: 30 P. M. COUNCIL CHAMBERS - 413 MAIN � � I. CALL TO ORDER � � i II. INVOCATION: Councilman Oliver � � =` ! � ! III. ELECTION RESULTS � A. City Council to canvass the ballots of the April 2 � 3 City Officers Election and consider a resolution ' relating thereto. � � B. City Manager to give the Oath of Off ice to newly ; elected officials . � � f , ; IV. CITIZENS REQUESTS AND/OR MISCELLANEOUS REPORTS � F V. CONSIDERATION OF THE MINUTES (March 15, 22, & 29) � f i � VI. PUBLIC HEARING � s City Council to hold a public hearing for the � purpose of considering a rate increase as re- � ; quested by Lone Star Gas Company. � i � ', VII. OLD BUSINESS � ; a ! A. City Council to consider the first reading of an 4 ordinance relative to a taxi franchise. � i � � B. City Council to consider bids received on the sale p6 i of used city cars . G € � s VIII. NEW BUSINESS � � ; A. City Council to consider bids for the lighting of � Dove Park tennis and basketball courts . ; ' B. City Council to discuss the water drainage in Oak j' � Creek Estates . � � � C. City Council to consider a resolution establishing � equipment rates relative to the Bureau of Outdoor � Recreation grant. D. City Council to consider an ordinance adopting the ', 1973 Uniform Mechanical Code and future supplements . � � � E. City Council to consider an ordinance adopting the � # 1975 Suggested Plumbing Code and future supplements. � � F. City Council to consider an ordinance adopting the � 1976 Uniform Fire Code and future supplements. • r � G. City Council to consider an ordinance adopting the � 1975-76 Texas Motor Vehicle Laws . � i i I � � � � � , � � �' ; 3 t f # f S' � # IX. ADJOURNMENT � � f � � � � i IN ACCOR.DANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY ACTS OF THE 61ST LEGISLATURE, CHAPTER 227, REGULAR SE�SION, � � THE REGULAR CITY COUNCIL MEETZNG AGENDA WAS PREPARED AND } POSTED ON THIS THE 1ST DAY OF APRIL, 1977 AT 2 :OQ P.M. � , ; € • Y _ �; � CITY S C RY /' � �. � � f { F 3 f, � � S t � � � � � € � f ' � , S ' E ' � � � � � d � j k 8 P � � � � � 6 I � � P � e € � � � � � � ! � j �€ k � � � � 8 ¢ F § , � x I � 3 1 i � I � ' ' l � � � I' � , � STATE OF TEXAS � COUNTY OF TARRANT � CITY OF GRAPEVINE � The City Council of the City of Grapevine, Texas convened in regular session at 7:45 P.M. on this the 5th day of April, 1977 with the following members present to wit: William D. Tate Mayor Doil Dalton Mayor Pro-tem Charles Dunn Councilman Larry Oliver Councilman Willis Pirkle Councilman David A. Florence Councilman Charles Gideon Councilman constituting a quorum, with ; Floy T. Ezell City Manager James L. Hancock Assistant City Manager John Boyle , Jr. City Attorney Shirley Armstrong City Secretary Mayor Tate called the meeting to order. The Invocation was delivered by Councilman Larry Oliver. The first order of business was for the City Council to # canvass the ballots of the April 2, 1977 City Officers Election and consider a resolution relating thereto. The City Secretary read the election returns and the proposed r `� resolution. Councilman Pirkle made a mation to adopt the resolution. The motion was seconded by Councilman Rlorence and prevailed by the following vote: Ayes: Tate, Dalton, Dunn, Pirkle , Oliver, Florence & Gideon. Nays: None RESOLUTION NO. 77-9 RESOLUTION DECLARING THE RESULTS OF CITY OFFICER'S ELECTION `: � The City Manager then gave the oath of office to the follow- � ing newly elected off icials: William D. Tate, Mayor C. L. Oliver, Councilman Place 2 Doil Dalton, Councilman Place 1 Charles Dunn, Councilman Place 6 s The next order of business was consideration of the minutes of March 15, 22, and 29. Councilman Florence made a motion E to waive the reading of the minutes and approve them as printed. The motion was seconded by Councilman Pirkle and prevailed by the following vote: Ayes: Tate, Dalton, Dunn, Pirkle , Oliver, Florence & Gideon Nays: None The next order of business was for the City Council to hold a public hearing for the purpose of considering a rate increase as requested by Lone Star Gas Company. Mayor Tate introduced Mr. Vernie Henderson representing Lone Star Gas Company. { 4 � '-- i � � 9 S t 1 Mr. Henderson gave a brief history of the proceec�ings to H date. Mayor Tate aslced Mr. Henderson if the initial rate 5 � request had been decreased by approximately 50%. Mr. t Henderson answered that he had provided the City Council � with supplemental information pertaining to Grapevine alone '' which decreased the amount initially requested, but he t continued to say that it was not a change in the rate filing. ; Mayor Tate pointed out that the original rate request revr�aled � a rate of return of 3.30 when filed as the distribution system. k He continued to say that the Utility Committee then requested ` a separation of figures pertaining to Grapevine only, and those revealed that the rate of return (for Grapevine alone) ; was increased to 5.81 per cent. Mr. Henderson explained that was based on an allocated portion of 71.1391 percent 3 of the Grapevine distribution system. Mayor Tate then ' stated that initially Lone Star Gas asked for an eight per- cent rate of return, but based upon the separation, the company already showed a rate of return of 5.81 per cent. Mayor Tate continued to say that the original request was filed based upon the 1975 base year and asked Mr. Henderson, if and when, the 1976 figures would be available for the Council as requested by the Utility Committee. Mr. Henderson ; answered that he did not know, but that he would make every effort to provide the information when it was available to him. � Mayor Tate then asked if Mr. Henderson would explain the �' accounting change in the Lone Star Gas system that was to i have significantly effected profits of the company, if that � change was reflected in the data provided the City of Grapevine, and why that change had no effect on the City of Grapevine. Mr. Henderson explained that it was simply an offsetting figure and that he had no information other than what was provided the Council by the Lone Star Gas rate section. He did advise that the rate request was filed based upon the 1975 figures and that the accounting change was not made until 1976. The Mayor then stated that he was interested in the accounting change and the 1976 figures because they might ; possibley show increased revenue to the company. Councilman Dunn asked Mr. Henderson if he felt the account- ing change had any effect on the rate of return for the year 1976. Mr. Henderson answered that he did not feel tt would ; effect the rate of return. He then read a letter of explana- t tion from Mr. Jerry Bond of Lone Star Gas which stated that the deferral of gas costs to match revenue would have no � effect on expenses shown in distribution system income state- ments, which were presented to municipal governments in F connection with rate increase requests. 4 Mayor Tate asked if Lone Star Gas would amend their applica- tion since it had been made clear that the City of Grapevine was presently providing a 5.81 rate of return and obviously subsidizing other cities in the distribution system. Mr. Henderson answered no, and explained that based upon the allocated information it would appear that Grapevine might r be subsidizing other cities but that the allocated portion was not a true and correct earning statement. The Mayor then asked the City Attorney to advise the Council of their standing in the rate hearing procedures. Mr. Boyle : stated that the original application was filed on November � 29, 1976 with a proposed effective date of January 3, 1977. , He further explained that under the Public Utility Commission ' Act the Council had the ability to defer the rates going into effect upon just cause, and for the purpose of study and analization, up to a maximum of 120 days. He further explain- ed that upon the finding of additional cause, the Council could defer the application up to a period not to exceed 150 days � during which a decision would have to be made or the rates would go into effect automatically. He continued to say that af ter a period of 90 days f rom the date of the proposed ' effective date (January 3, 1977) the Company would have the option to place a bond and cause the rates to go into effect, ', periodised that the Council was now at the end of the 90 day � > , q Mayor Tate asked if there were any guests present who wished to make a statcment or ask questions. There were none. Councilman Pirkle, Chairman of the Utility Committee, suggested that any action be tabled pending the receipt of additional information. Councilman Dunn made a motion to continue the deferrment and suspension of the application of the proposed rates, to reschedule the public hearing for April 19, 1977, and to place in the record that the City Council had requested the 1976 data if available. Mayor Tate advised that the public hearing must be closed before action could be taken on Councilman Dunn's motion. x Councilman Dalton made a motion to close the public hearing. The motion was seconded by Councilman Pirkle and prevailed by the following vote: Ayes : Tate, Dalton, Dunn, Pirkle, Florence, Oliver & Gideon. Nays: None Mayor Tate reminded the Council of Councilman Dunn�s motion. The motion was seconded by Councilman Florence and prevailed by the following vote: Ayes: Tate, Dalton, Dunn, Pirkle, Florence, Oliver & Gideon Nays: None '� The next order of business was for the City Council to consider the first reading of an ordinance relative to a taxi f ranchise. The City Secretary read the caption of the proposed ordinance. Councilman Oliver made a motion to approve the ordinance. The motion was seconded by Council- man Gideon and prevailed by the following vote: Ayes : Tate, Dalton, Dunn, Pirkle, Florence, Oliver & Gideon Nays : None ORDINANCE 77-19 A1V ORDINANCE GRANTING A FRANCHISE TO OPERATE A TAXI-C�1B SERVICE; PROVIDING FOR A ONE YEAR �� TERM; PROVIDING RATES TO BE CHARGED; PROVIDING ; FOR THE ACCEPTANCE OF THE FREINCHISE AND PRO- VIDING FOR THE EFF'ECTIVE DATE. The next order of business was for the City Council to consider bids received on the sale of used city cars. The City Manager reviewed the bids received, a copy of which is attached hereto and made a part hereof as Exhibit "A" . `.; The City Manager advised that the City Staff recommended ` the bid of $3,000 for all three cars be awarded to Mr. Floyd � Cox. Councilman Oliver made a motion to accept the recommenda- tion of the City Staff and accept the bid of $3,000 from Mr. Floyd W. Cox for the three used automobiles . The motion was seconded by Councilman Gideon and prevailed by the following vote: Ayes: Tate, Dalton, Dunn, Pirkle, Florence, Oliver & Gideon Nays: None � �. � k: � & , � _ � i i � The next order of business was for the City Council to � consider bids for the lighting of Dove Park tennis and � basketball courts . A letter of recommendation from Freese & Nichols containing a tabulation of bids is attached here- � to and made a part hereof as Exhibit "B" . The City Manager reviewed the bids and stated that it was the recommendation of the City Staff and the consulting engineers that the bid be awarded to American Electric in the amount of $9,975. There was little discussion. Councilman Dalton made a motion to accept the recommendation of the City Staff and the Engineers of Freese and Nichols and accept the low bid of $9,975 from American Electric for the installation of the lights as so stated with a completion date of sixty calendar days. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes: Tate, Dalton, Dunn, Pirlcle, Florence, Oliver & Gideon , = Nays : None � The next order of business was for the City Council to discuss ° the water drainage in Oak Creek Estates . Assistant City ' Manager, Jim Hancock explained that the City Engineers had reviewed the problem on Oak Creek Drive and concluded that it �vould be necessary to install approximately 11,080 feet of storm sewer. He added that the storm sewer would serve a � ' portion of future development to the North. He advised that � ' the cost had been estimated not to exceed $SO,000. Mr. Hancock ; ; stated that the city staff was requesting authorization to ' allocv the engineers to prepare plans and to allow the city staff to accept bids for the project. ' Councilman Dunn asked if the developer would pay a portion of the cost. Mr. Hancock answered yes , and explained that the developer� s portion had not yet been negotiated. There was a lengthy discussion regarding the problem area and the area of future development. Councilman Dunn asked if Freese and Nichols had originally approved the drainage prior to the ' development along Oak Creek Drive. Mr. Hancock answered that some of the plans were approved by Rreese and Nichols and some were viewed by city staff engineers. Councilman F'lorence then made a motion to authorize the city staff to instruct s Freese & Nichols to prepare the necessary plans and to authorize the city staff to a dvertise for bids on the project. The motion was seconded by Councilman Oliver and prevailed by T the following vote: � Ayes: Tate, Dalton, Dunn, Pirkle, Florence, Oliver & �ideon. Nays : None The next order of business was for the City Council to consider a resolution establishing equipment rates relative to the Bureau of Outdoor Recreation grant. The City Manager gave a brief history. Councilman Dalton made a motion to accept the recommendation of the city staff and adopt the resolution. The motion was seconded by Councilman Pirkle and prevailed by the following vote: Ayes: Tate, D�lton, Dunn, Pirkle, Florence, Oliver & Gideon. Nays : None s RESOLUTION 77-8 A RESOLUTION BY THE CITY COUNCIL OF GRAPEVINE, TEXAS , FINDING AND DETERMINING THE HOURLY COST OF OPERATING CERTAIN PARKS AND STREET DEPART- MENT EQUIPMENT. t � The next order of business was for the City Council to consider an ordinance adopting the 1973 Uniform Mechanical Code and future supplements . The City Secretary read the caption of the proposed ordinance. Councilman Gideon made a motion to approve the ordinance. The motion was seconded by Councilman Florence and prevailed by the following vote: Ayes: Tate, Dalton, Dunn, Pirkle, Florence, Oliver, & Gideon �� Nays: None ORDINANCE 77-17 AN ORDINANCE ADOPTING THE 1973 EDITION OF THE UNIFORM MECHANICAL CODE AND FUTURE SUPPLEMENTS; PROVIDING FOR ENFORCEMENT THEREOF; PROVIDING FOR APPEALS OE' AD- MINISTRATIVE DECISION; YROV1llINC� FOR RE- PEAL OF ANY YRIOR CONFLICTING ORDINANCE; PRUVIDING FOR A PENALTY; AND DECLARING AN ENIERGENCY. The next order of business was for the City Council to consider an ordinance adopting the 1975 Suggested Plumbing Code and future supplements . The City Secretary read the f caption of the proposed ordinance. Councilman Pirkle made a motion to approve the ordinance. The motion was seconded by Councilman Dalton and prevailed by the following vote: Ayes: Tate, Dalton, Dunn, Pirkle, Florence, Oliver & Gideon Nays : None ORDINANCE 77-18 � AN ORDINANCE �DOPTING THE 1975 EDITION OF SUGGESTED PLUMBING CODE RECONIMENDED BY THE TEXAS NIUNICIPAL LEAGUE; PROVIDING FOR EN- FORCEMENT THEREOF; PROVIDING FOR APPEAIS OF ADMINISTRATIVE DECISIONS; PROVIDING FOR A PENALTY; PROVIDING FOR REPEAL OF� ANY PRIOR CONFLICTING ORDINANCE; PROVIDING A SEVER- r ABILITY CLAUSE; AND DECLARING AN EMERGENCY. The next order of business was for the City Council to consider an ordinance adopting the 1976 Uniform Fire Code �' and future supplements . The City Secretary read the caption of the proposed ordinance. Councilman Oliver made a motion to approve the ordinance. The motion was seconded by Councilman F'lorence and prevailed by the following vote; Ayes: Tate, Dalton, Dunn, Pirkle , Florence, Oliver & Gideon Nays : None ORDINANCE 77-16 AN ORDINANCE ADOPTING THE 1976 EDITION OF THE UNIFORM FIRE CODE; PROVIDING FOR EN- FORCEMENT THEREOF'; PROVIDING FOR APPEALS OF ADMINISTRATIVE DECISION; PROVIDING ROR REPEAL OF ANY PRIOR CONFLICTING ORDINANCE PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND DE- CLARING AN EMERGENCY. � ; ` E There being no further business to come before the � ; Council, Councilman Pirkle made a motion to adjourn. The motion was seconded by Councilman Dalton and all present voted aye. PASSED AND APPROVED this the �� day of '` , 1977. y �� C_./e�� i''�i`Y° �---� MAYOR 3 � � ATTEST: I CITY SECR ARY � � Y 1 j £ i