Loading...
HomeMy WebLinkAbout1975-08-1281 Regular Meeting Euless City Council August 12, 1975 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8:00 P.M. in the Council Chamber of Euless City Mall by Mayor Harold Samuels. Members present were Mrs. Willie Mae McCormick, Messrs. Ray Ozebek, Wayne Wright, Charles Hunt, and Glenn Walker. Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, and City Engineer Bill Flowers. VISITORS The visitors book was inadvertently taken from the Council Chambers when the audience left. INVOCATION The invocation was given by Mr. Wayne Wright. APPROVAL OF MINUTES The minutes of the regular meeting dated July 22, 1975 were approved as written. Mrs. McCormick made a motion to remove Item No. 11 Consider second and final reading of Ordinance No. 491 approving rate increase as requested by Texas Power and Light Company, and Item No. IV Request of Mr. Ivan Gregory to present petition to reopen the Public Hearing for the T. P. & L. rate increase proposal, and hear these two (2) items to- gether as Item No. V on the Agenda. Mr. Wright seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Wright, Ozebek, Walker and Hunt Nays: None Mayor Samuels declared the motion carried. I SECOND AND FINAL READING OF ORDINANCE NO. 490 APPROVING BUDGET FOR FISCAL YEAR 1975 -76 Mr. Hunt moved to approve second and final reading of Ordinance No. 490 approving the budget for the fiscal year of 1975 -76. Gage Two, Regular Meeting, Euless City Council, August 12, 1975) Mr. Wright seconded the motion and the vote is as follows: Ayes: Messrs. Hunt, Wright, Walker, Ozebek, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. II REQUEST FOR LETTER OF AP- PRAISAL ON LAND VALUATION DONATED TO CITY FOR RIGHT - OF -WAY FOR INCOME TAX PUR- POSES Mayor Samuels recognized Mr. Gordon Morrison who stated he is an attorney with offices in the City of Bedford and is appearing before the Council on behalf of Mr. June Morrison. Mr. Morrison stated that Mr. June Morrison is requesting a letter of appraisal on land donated to the City for the widening of North Main Street and Little Bear Creek Bridge. Mr. Morrison stated that his client was approached by the City in 1974 and advised that all property for the right -of -way had been donated and if he would donate his land they could begin construction; so he donated his land. Mr. Morrison stated that later his client learned that not everybody had given their land, that a 29' x 320' or 6,213 square feet of right -of -way had been purchased for $25,000 or $4.02 square foot. Mr. Morrison stated he is only requesting a letter acknowledging that, based on the rate of the property that was sold, his client donated his land to the City and the appraised value of the land is $20,171.41. Mr. Hugh Waite inquired who the person was who was paid for his property, as several people have donated right -of- ways to the City for improvements. Mr. Morrison stated that the easements on file at City Hall show that on June 24, 1974, Mr. Charles Hunt received $25,000 from the City for right -of -way along North Main Street. Mr. McFarland stated the easements are a matter of public record and the City is very fortunate that many citizens and property owners have given right -of -way easements. Mr. McFarland stated that the City has and will probably in the future, pay for some right -of -ways or take property oweners to court to obtain right -of -ways by condemnation. Former Councilman Harold Copehr stated that the City did condemn a piece of property next to the Animal Hospital on North Main Street for the water tower. Mr. Copher stated the land Mr. Morrison was talking about at the bridge was not valued at $4.02 a square foot but the major portion of the $25,000 was paid because of North Main Street being moved within 10 feet of the property owners home. (Page Three, Regular Meeting, Euless, City Council, August 12, 1975) Mr. Morrison commented that he believes that if a tape measure was taken out to the property and the property measured his client will suffer more damage than Mr. Hunt. Mr. Walker moved that the City Attorney be authorized to meet with Mr. Morrison and provide a letter of appraisal to Mr. Morrison. Mr. Wright seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Wright, Ozebek, Hunt and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. III DEVELOPMENT PLAT APPROVAL, TRACT 3R3 WESTPARK ADDI- TION; A PART OF 3R LOCATED SOUTH OF PASSPORT INN Mayor Samuels recognized Mr. David Hughes who stated he was present on behalf of Messrs. Harry Hunsicker and A. H. Peterson, owners of Tract 3R3 Westpark Addition. Mr. Hughes stated the property he is requesting approval on is an .841 acre tract east of Westpark and south of the Passport Inn and the proposed building will be occupied by Hill -Rom Company. Mr. Troy Fuller explained that Hill -Rom Company sells hospital equipment and that this location would be the Southwest Regional Office and would contain a showroom, offices, and classrooms for hospital maintenance men for their training. Mr. Ozebek inquired if the Company would write orders at this location, that this may be a benefit to the City of Euless on their sales taxes. this location. of Tract 3R3 Westpark Addition. vote is as follows: Mr. Fuller stated that salesmen would be at Mr. Ozebek moved to approve the final plat Mrs. McCormick seconded the motion and the Ayes: Mr. Ozebek, Mrs. McCormick, Messrs. Hunt, Wright, and Walker Nays: None Mayor Samuels declared the motion carried. (page Four Regular Meeting, BIDS FOR RECONSTRUCTION OF PORTIONS OF ECTOR DRIVE, VINE STREET, AND JANNAN STREET ess City Council, August 12, 1975) IV City Manager Sustaire presented bids received on the reconstruction of portions of Ector, Vine, and Jannan Streets. The bids are as follows: R. W. Gibbins, Inc. $51,986.00 5% 100 Calendar days Austin Road Co. 52,043.65 5% 60 Calendar days Texas Bitulithic 42,455.00 5% 45 Calendar days Bob Moore Const. 64,174.00 5% 90 Calendar days S. R. 0. Asphalt 43, 643.20 5% 50 Calendar days City Manager Sustaire stated he recommends the bid be awarded to the low bidder, Texas Bitulithic Co., in the amount of $42,455.00 with 45 Calendar days completion time. Mrs. McCormick moved to concur with the recommendation of the City Manager and approve the low bid of Texas Bitulithic in the amount of$42,455.00. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Ozebek, Wright, Hunt, and Walker Nays: None Mayor Samuels declared the motion carried. V SECOND AND FINAL READING OF ORDINANCE NO. 491 APPROVING RATE INCREASE AS REQUESTED BY TEXAS POWER AND LIGHT COMPANY; AND REQUEST OF MR, IVAN GREGORY TO PRESENT PETITION TO REOPEN THE PUBLIC HEARING FOR THE T.P. & L. RATE INCREASE PROPOSAL layor Samuels ask the City Attorney to explain Mrs. McCormick's motion in which she used the Safeguard Clause. Mr. McFarland stated if the Council adopts the Ordinance on second and final reading and adopts the rate schedule as presented by Texas Power and Light the Safeguard Clause provides that if Texas Power and Light reduces rates in any other Class A City, the Euless rate will be dropped to the lower rate and T.P. & L. will be required to (Page Five; Regular Meeting, Euless City Council, August 12, 1975) credit customers the lower rate from the date of the enactment of the Ordinance to the date of the reductions. Mayor Samuels inquired if the Ordinance passed and the rate was in effect and the courts decided T. P. & L. was entitled to higher rates would this effect the rate set by Euless. Mr. McFarland stated that the Safeguard Clause pertains only to lower rates and Texas Power and Light would have to come before the Council for the additional increase. Mrs. McCormick stated that "since our last Council Meeting I attended a meeting in Dallas to which all elected officials of all cities in the T. P. & L. System were invited. Here we were informed that the City of Waco has employed the consulting firm of Touche -Ross to research T. P. & L.'s request for a rate increase and to report whether or not the rate increase is justified. Touche -Ross said that they would strive to have it ready by September 1, but their contract was for September 15, and it would be ready by that time. A copy of this report will be sent to all cities within the T. P. & L. Systems. Two representatives of Touche -Ross were present at the meeting and covered briefly thethings that would be considered, and answered questions. I have a brief outline of Touche -Ross' remarks that you are welcome to come by and look at after the meeting. Mayor Samuels inquired when Mrs. McCormick made the motion to combine Item II and Item IV together; which item did she want considered first. Mrs. McCormick stated as they were listed separately, she presumed that the reading of the Ordinance should be heard first. Mr. Hunt stated if there was not a motion on the floor, he would like to make a motion that the group with the petition be heard first, because when they presented their request to City Hall, they requested to be heard before final passage of the Ordinance was considered. Mrs. McCormick stated she would second the motion if Mr. Hunt would include in the motion that opponents and proponents would have fifteen (15) minutes and the proponents would have (1) spokesman, and this would not be a public hearing. Mr. Hunt stated he would reword his motion and moved that the spokesman for the petitioners present their request before the Council votes on Ordinance No. 491 with a time limit of fifteen (15) minutes for proponents and opponents. Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Hunt, Mrs. McCormick, Messrs. Wright, WAlker, and Ozebek Nays: None Mayor Samuels declared the motion carried. 8 ": (Page Six, Regular Meeting, Euless City Council, August. ,12, 1975) Mr. Ivan Gregory stated he has a petition with 1,790 names that reads, "We, the undersigned, do state that we are opposed to the T. P. & L. rate increase. We hereby petition the Euless City Council to reopen the Public Hearing for the T. P. & L. rate increase proposal." Mr. Gregory stated that he knows that a Public Hearing has been held and he will let the government govern the City. Mr. Gregory stated he is not asking the Council to approve or disapprove the rate increase but he has new facts and statistics to present to the Council. Mr. Gregory stated he would like the Council to delay their decision and accept the petitions, which is the voice of the people, and reopen the Public Hearing and hear the new facts and delay the decision until the report from the City of Waco by Touche -Ross has been received. Mayor Samuels inquired if any effort was made to restrict those signing the petition to qualified voters. Mr. Gregory stated the petition was re- stricted to those living in Euless and paying a light bill. Mr. Gregory pre- sented the petition to the City Secretary. Mr. Wright inquired i f Mr. Gregory pro- poses that the Council be governed by the findings in Waco. Mr. Gregory stated that the Council should not be governed all together by the findings in Waco, but he has some facts the Council will find very startling. Mrs. McCormick inquired how long a period Mr. Gregory would need to present his findings. Mr. Gregory stated approximately 30 minutes. Mrs. McCormick read an editorial from the Dallas Morning News of August 9, 1975 as follows: "There is no danger of this North Texas area suffering power cutbacks such as other areas have experienced, Vice - president W. W. Aston of Dallas Power and Light assures in Dallas Business Journal. Areas, he might have added which cannot look forward to normal expansion and new jobs. Men like Aston, C. A. Tatum and Lee Turner preside over a utility empire which covers 75,000 square m i l e s serving four million people who are accustomed to good service at reasonable rates. Resonable? A survey released not long ago showed that 1,000 kilowatt hours cost a home in New York City $70.44. The comparable figure in Dallas is $25.11 - the smallest of 10 cities studied. The figure in Boston is $49.48; in Philadelphia, $41.64; Atlantic City, $41.15; Miami, $32.34. These figures are in response to homeowners who have written the News complaining about monthly bills. Of course utilities will go up periodically in Dallas. So will auto- mobiles and eggs. But compared with other cities we are well off. And of equal importance is management's vision which, for the future, assures an adequate and stable supply." (Page Seven, Regular Meeting, Euless City Council, August 12, 1975) Mrs. McCormick moved that the Public Hearing be reopened tonight and the petitioners be given 30 minutes to present their findings and the petitioners have one (1) spokesman for the group. Mrs. McCormick stated the City has had three (3) hearings on this, a Public Hearing, an informal hearing to present data and only 2 or 3 people were present, and Mr. Page has ask anyone to come to his office for additional information and she does not see the need for repeating the information. Mr. Walker stated he would second the motion but would amend it to state the Public Hearing be held on August 26th at 8:00 P.M. in the Council Chambers and the time for debate be 30 minutes for proponents and 30 minutes for opponents. Mrs. McCormick stated she would amend her motion and a policy be set up before the meeting and adhered to and if not the meeting be adjourned. Mr. Hunt stated he does not recall any parliamentary procedures for the Council to go by except in the City Charter that would restrict the Public Hearing to a given time. Mr. Hunt stated he does not see why the restrictions of time limits should be imposed as people want to be reasonable about what they say and 30 minutes is rather restricting to any public hearing. Mr. Walker stated the Council should vote on the motion and that any person wanting to speak at the Public Hearing should submit their name to the City Secretary prior to the meeting. Mr. McFarland stated that the Council has the authority to set a t i m e l i m i t on Public Hearings. Mr. Hunt inquired of Mr. Gregory if the motion was agreeable to the petitioner. Mr. Gregory stated that 30 minutes is agreeable to him. The vote on the motion by Mrs. McCromick is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Wright, Hunt and Ozebek Nays: None Mayor Samuels declared the motion carried. Mr. McFarland stated that after the Public Hearing on August 26th the Council can pass the Ordinance on second and final reading, reject and amend the ordinance on a new ordinance, or table the second reading. Mr. Ozebek moved that second and final reading of Ordinance No. 491 be tabled. (Page Eight, Regular Meeting, Euless City Council, August 12, 1975) Mrs. McCormick seconded the motion and the vote is as follows: Ayes: Mr. Ozebek, Mrs. McCormick, Messrs. Wright, Walker, and Hunt Nays: None Mayor Samuels declared the motion carried. VI CITY ATTORNEY'S REPORT Mr. McFarland presented suggested Rules of Procedures for Public Hearings and Council Meetings and reviewed them for the audience. Mr. McFarland stated that these proposed regulations for Rules for Procedures were available for any citizen to review in the City Secretary's Office. ADJOURNMENT ATTEST: City Secretary VII The meeting adjourned at 9:30 P. M. APPROVAL: A e 0.111 amtittL) Mayor