07/11/1991, Regular Meeting MinutesPage 1794
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IE:I`I1~I]::DALE G1'I'Y C:UUIvC:L
tiEGULAti MEETIt`1f::i - JULY 11, 1 a=1.I
Ci71`1MUAtITY C;EFETE~
Mayor Steve Radakovich called the meeting to os~der at i:;~G I'M.
Members present were Mayor Radakovich, Mark Wright. Pete
f:irkpatrick ~3nd han Kovach. Tom Boone arrived at •J: z1 p. m.
`:staff in attendance were 'F~~d Rowe, Linda Jones, Vicki ;`h~amp:>an,
David Geeslin and Lity Attorney, Don Uriv~=r.
1Ti=:M NO, 1_ - Approval of I~i~.nutes dated June lltt, and. 1:Jth, t`3~3i
With no corrections to the minutes, Mayor Radakov:xch declared tt-~E~
minutes dated June 11 and 1G, 199i approved as submitted.
ITEM I~IU. ~ - C;ansideration of Hids lor~ F'i.re Truck Water "i'ani•;5.
'I~he following bids were received for replacing the tare truces:
water tanks on Units 59V13 and 59x6:
n
~;
COMPANY
1. WesTex welding
ti
y. Riggs First Line Eg.
.,
:j. Spec~;al Equipment
::iei"Vl ems'
UNIT # TANK TYPE PRICE
5'~3~e Poly 1~, 5~1if~. +~it7
59~D3 Steel ~2, B~~D. V1+~
59Q16 F'oly ~6, 4F37.
5~~~3 Poly 56, l~iJ. 5v~
yy~~pp~ F~oly S5, SCt~. ~~i
906 Steel ~5, 5t~~. ~O
59FD3 Poly S5, ~}tDtL. ~i0
59~i.~ Steel ~c, t75. ~~
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Page 1795
It was the recommendation of the Fire Department and Ted Rowe to
:award. the' contract to the law bidder.
Motion by Mark Wright, second by Pete Kirkpatrick to accept the
bids and. award the contract to Wes'I'ex Welding for a steel tank in
the amount of 5:c., }3Vt~ and a poly tank for ~4, 5~it~. Motion carried
unanimously.
ITEM__NG._~i - Gansideration of Hew Franchise Agreement with
_~.__.._._ .___..__ _ Southwesterr, Bell 't'elephone Company.
Mr. 17on t;llis• and Jahn Mc}{ennis• of Sauthwester-n bell 'Telephone
Company requested Council approval on a munir_ipal fee ordinance.
"The original tranci-+ise agreement was adopted in 1~~48, renewed. in
' 1r~~,B and expired in 1~7t3B. 'i'he proposed ordinance called far a
term of 5 years, annual payment bdsr2d on a flat staring fee of
~:jQJ, (~~tD that grows annually according to a growth rate. "The
calculation does not recognize decline, only growth.
`Che City will always receive the same amount of money or ~~•lightly
more, depending on growth. For budgeting purposes, it is a solid
figure to deal with and for cash flow purposes, quarterly
payments are provided for in the proposed ordinance. Last year
the state growth rate was ~.4°l. and the city growth rate was
approximately 1l/;?`/. according to southwestern Bells'
measurement. Council's option is to adopt the state wide growth
rate or the sales taxaY;le revenue that is generated in the city.
"i"he city limits are the bases of collecting monies. The accounts
are coded with the correct jurisdiction and maps of the city
limits are updated when annexation or disannexation occurs.
Teti kowe submitted the following recommended changes to the
Page 1796
pr opased ox°di,7arxce:
1. tI'g 1) Delete: "F'raviding far a release of all claims
urider prior ordinances" t inapprnprx.ate)
~~. tFg 3) Change: "Charter" to "Cade" (correction)
:~. tPg ~) Add: After I'LLr:F'HON~: COPIF'ANY "its contractors
ar,dfar sub -cuntractu,~:~.
4. tPg 11) Delete: "fallowing which are pravided within
the city:"
Add: "for services within the city" tto correct wording
to apply to next changes, below, an pg ice:. ~
~;. tFg 12) Delete: end of 1st paragraph after. ;'Ordinance"
tDelete charges far interexchange private lines which
City has most of ar,d would have to pay tax.. )
t:v. tI-'g i2) Add: after :~d paragra~,h, "as authorized by the
Public Utilities Commission" (clarified "wha" auth;arizes
ad,~ustments in billings. )
7. (Fg 17) Add: after 1st paragraph, "Ad valorem and sales
taxes and special assessments are not affected by this•
ordinance." tGlarification)
i (Pg 1~ ~ cid) Delete: ~ectian 1~ in its entirety.
t~ettlement of claims inappropriate Fore inclusion in
franchise agreement.)
g. Then, renumber remaining sections.
Mr. Mcliennis did r.ot agree to delete item number i above.
~outhwe:~tern Bell is involved in three lawsuits, one being C.~ty
of Mesquite. The is•:~ues revolve around the word "franchise" and
whether or~ not under the wording and the language at the ald
ordinance if they have been appropriately paid. "I`he court has to
determine ii the ward "franchise" is important. %ranchises tar
teleptxor,e apesations in the city was taken away by the Public
Utility Commivsion. The PUC took the responsibility far rate
setting, service provisions and quality for local service.
7'he City of Mesquite is asking for manieJ that sameane calculated
that represents monies that have not been paid because of the
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definition af. the wards in tY~e ardinance. 'The ardinance is
basically the same as all ether cities.
Attorney Cron liriver said that if Iiennedale approves the
ardinance, we would release any chance to make the same claim,
assuming the court rules in Mesquite's favor. P1r. hlcKennis
agreed with Dan Driver.
Dan Ellis said there wasn't a problem with items ~, 3 & 4. Mr.
Mckennis said that item S has been solidified and items 6, 7 & 8
would have to be reviewed by their attorney.
Lf the ordinance is in place in October 19t~1 the first quarterly
payment will. be February l8, l~~~l. However, the City would
receive a paymerYt in November .for closing out the old ordinance,
approximately ~18,~rtl0. The payments do not include interest.
i~eceivir,g quarterly payments would earn the city approximately
~1, 5(~0 .ir, additional interest each year.
Motion by Ron Kovach to adapt tr,e state growth rate, adopt the
proposed ordinance contingent upon the mapping structure meeting
;'ed fowe's approval.. Motion died tram lack of a second.
3~'ete Kirkpatrick made a motion to table the decision far two
weeks so that all Council members can be present, second by Ron
(ovach and passed unanimou:~ly.
ITEM NO.___4 - Appointment of Planning and mooning Commissioner.
Motion by Fete lirkpatrick, second by Mark Wright to table
appointing a P&~. Commissioner. Kirkpatrick and Wright voted aye,
Kovach voted nay. Motion carried.
Page 1798
T`T'EI'I h14~. `~ - Consideratiurr rJf Budget Arr~~~nd[rre~r;t i~~r ,i'L
Insurant.e f'rE~miur~ A justment.
Mayan Iadakovir_h explained that due to the fact that the City hac°
t;ad to defend their self in court, the city ~~ havlnt~ to pay :.~r;
additional irssuranc.e pry-~m:ium l.n tie arrcount 4~f ~~~r~, t~~~?iii. "ti F= n:+_,ney~
is available in tt;e GE+neral Fund Feur<r ve:r far the curie time-`
ad,}ustment.
i"iatiorr by Ean Kava;~h, s~=cor;d ry Pete i~irkpatrick, to r=.ral~:e a
budc;et amendment tc~ fund t}.e additional. ir;~urartce prr=nriu~: 2r=gym
the General. i~und ReservEa, for =a~:~D, 4'rt~l;tr. Motiarr r~-~~rri~~<~{
unanimously.
ITEM ND. n - General Discussion.
Iiay 'Bunn of F'ricnds ur t}ie Library preser;ted the I•iayoi and
t~aur;cii with honorary membership certi:fic-rtes. Mrs. I~iurin al.~'o
updated Gauncil an t}ie progress of the library.
i~Iation by I~Iark. Wright, second by r'ei..e Kirkpatrick to adjourn into
e~:ecutive session at ~~: ~i Pt~i. rlution sari ieu unanirrroucly.
I
I'TE K 7 -- Li tion ~- Gowen tAit. 6"~:5~-I"7, '~:tct_ir_,rr `a'te)
. :J .
~%~i-tiii~aturi by Steve kadakavic~
REGt~I1VEhIE TNTO tlI'Ety ~E`~Sllily
Eon Kovac}i made a motion to reconvene into open session at `J:;aS
}-'M. Second. by Fete Kirkpatrick and passed unanimously.
Page 1799
rL;M _NU.__F~ - A~;tian arz L•:xecutive Session ii Required.
hIa action was taken on the executive session.
Fete Itiirkpatrick motioned to adjourn at 9:57 F'M. Second by Ron
i~ovach and carried unanimously.
AF'F'R~VEU:
Mayor Jteve Icadakovich
A r~rt~~r
City Secretary
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