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Home My WebLink AboutCC 1964-05-11 Minutes MINUTES OF THE MEETING OF THE CITY COUNCIL, NORTH RICHLAND HILLS, TEXAS, HELD AT CITY HALL, 4101 MORGAN CIRCLE, MAY 11, 1964, 7:30 P. M. CALL T 0 ORDER & ROLL CALL: Those Present: Mayor Hunter; Councilmen Falcone, Dowell, Roberts, Barnett and stevens. Mr. Barnett arriving late. ADMINISTRATIVE STAFF PRESENT: City Director, City Attorney, Chief of Police, Fire Chief and City Secretary. INVOCATION: Mr. GDanville Edwards. APPROVAL OF MINUTES: Mr. Roberts moved to approve both the minutes of the last regular meeting heJd April 27, 1964 and of the special meeting held May 1, 1964 as submitted. Mr. Stevens seconded and motion carried 4-0. COMMUNICATIONS: (1) Letter - State Highway Department - Re: Regional Transportation Study and request for a representative from our City. Mr. French was suggested as city representative. After some discussion Mr. Roberts moved to table this matter until further information forthcoming. Mr. Falcone seconded and motion carried 5-0. (2) Letter and "Defendents Answer" - Mr. T. S. Christopher - Re: Suit brought by Birdville Independent School Tax office and asking for co- operation of City Attorney. Mayor Hunter also read City Attorney's letter in reply. (3) Letter - Mr. Ralph Stafford - Re: request for funds to pay $15.00 per week Roberts moved to add this item to agenda Dowell seconded and motion carried 5-0. (4) Letter - T.M.L. - Announcing dinner meeting of the Regional 8 District on the night of May 13, 1964~ 6:30 P. M. at the Diamond Oaks Country Club. Mr. Dowell moved to t~~e out of the City Council Account enough funds to pay for Council members and wives dinners; also, City Attorney, Director, Chief of Police and City Secretary. Mr. Barnett seconded. During discussion Mr. stevens stated he would be in agree- ment to pay for the employees but felt the Council members should pay their own way. Messrs. Dowell and Barnett voted YES, Messrs. Falcone, Roberts and Stevens voted NO. Motion failed 3-2.--- Summer Recreation Program and for Coach's salary. Mr. for next regular meeting. Mr. Mr. Barnett moved for City to pay expenses for the City Attorney, City Director, Chief of Police and City Secretary. Mr. Roberts seconded. During discusnion Mr. Barnett amended his motion to include wives of Attorney, Director and Chief. Mr. Dowell seconded. Amended motion put to a vote and Messrs. Stevena, Barnett and Dowell voting YES, Messrs. Roberts and Falcone voting NO. Amended motion carried 3-2. Original motion was then voted upon and carried 5-0. REPORTS OF COMMITTEES AND ZONING COMMISSION: 1. ZONING REPORT: Lots 1 through 7, Block 2, Richland Plaza Addition- Mr. G. L. Cummings - Requested change from Residential ~ L9c~1 Retail- ihiØbus",,,,,, Ze"R!.ng: (!j,,I}5S ':-9" -4 ¡JCS/./J£Nrt.4-¿ <2£/f-SS ¡'e ': Mr. French told of above request and public hearing where there were no protests, and of the unanimous recommendation to grant this change from the Zoning Commission; also, to grant the same building line variance granted in a previous request for Block 1, same addition at the la~t Council meeting. After some dlscussionMr. Dowell moved to accept the Zoning Commission's recommendations and apDrove change of zoning and building lines. Mr. Roberts aeconded and motion carried 5-0. 2. COMMITTEE REPORT: Judge Massey: Mr. Roberts told of phone calls made and meeting with Judge Massey and stated that Mr. Massey felt he woulœ need an increase in salary to re- main as Corporation Court Judge, therefore the Committee recommended accepting Judge Massey's resignation effective at the end of this month. Mr. Falcone moved to accept Committee's recommendation. Mr. Stevens seconded. After some diacusaion Mr. Barnett moved to amend motion __ "that Judge Massey be retained until end of month or until a new Judge could be appointed." Mr. Dowell seconded. Amended motion was put to a vote. Messrs. Dowell and Barnett voting YES, Messrs. Stevens, Falcone and Roberts voting NO. Motion did not carry. Original motion was put to a-vote. Messrs.-Števens, Roberts and Falcone voting YES, Messrs. Dowell and Barnett voting NO. Motion carried 3-2. --- OLD BUSINESS: 1. Legal Opinion - Tri-Co. Electric Co-Op. Franchise: Mr. Goodnight read opinion in which it was stated that the giving of a franchise for new customers would be unlawful. (Opini~n attached to and becomes a part of these minutes.) Lengthy discussion followed in which Mr. Barnett read his opinion in answer to Mr. Sinclair's request for an ordinance. (At Mr. Barnett's request copies of his opinion included with these minutes.) He then stated he would like to sponsor an ordinance granting a franchise for present service. only. Mr. Dowell stated he would co-sponsor such an ordinance. Mr. Goodnight to have ordinance prepared for next Council meeting. 2. Rufe Snow Drive - Mr. F. C. Reconnu: , Mr. Reconnu, 5800 Rufe Snow Drive, read his complaint on condition of Rufe Snow Drive and asked for something to be done. Lengthy discussion followed in which Mr. Falcone stated he would like to take on job of trying to get donated property so as to widen Rufe Snow. Mr. McWhorter protested to the bad condition of Rufe Snow and stated he would be glad to spend some of his time on this project, too. It was stated to widen and resurface this street it would take approximately $2,000.00 on the City's part and a like amount from County. Mr. McWhorter, Mr. Falcone were askèd to work with Mr. French on this project, Mr. Falcone to contact property owners involved and report back to Council at next meeting. .........' ,,,,..,,,,,',," ._~.. Mr. French requested a date be set for Budget study and this was set for Friday, 7 P.M. , May 15, 196~. Mr. J. Cornelius, 5813 North Hills Drive, read a statement to Council in regards to Tarrant County Water Supply Corporation - Re: Corpora- tion being broke and s. proposed water rate increase. Discussion follow- ed and it was requested this item be placed on agenda for next meeting. Mr. Stepp asked to speak and Mr. Falcone moved to add Mr. Stepp to agenda. After some discussion Mr. Falcone withdrew his motion. (Mr. Cornelius's statement attached to and becomes a part of these minutes.) MOTION TO ADJOURN: Mr. Roberts moved to adjourn at 9:35 P.M. Mr. Dowell seconded and motion carried 5-0. (Proceedings taped and on file) APPROVED: ~LÁ~~· YOJ{ ~~/#; Ci y Secretary May 8, 1964 TO: Honorable John P. Hunter, Mayor, and Members of the City Council of North Rich1and Hills, Texas SUBJECT: Authority of the City of North Richland Hills to grant Tri-County Electric Cooperative a franchise to expand its services within the city limits. / It is the op~n~on of this writer that it would be unlawful for the City of North Rich1and Hills to grant Tri-County Cooperative a franchise to expand its services within the city limits of the City of North Richland Hills. This opinion is based on the following: The Texas Electric Cooperative Corporation Act, Vernon's Annotated Civil Statute 1528b, was enacted ty the Texas Legislature in 1937 and the said Tri-County Electric Cooperative is governed by this statute, a portion of which is quoted... "Sec. 3 Co-operative, non-profit, membership corporations heretofore or hereafter organized under this Act are authorized to engage in rural electrification by anyone or more of the following meth0ds: (1) The furnishing of electric energy to any person, for delivery to any dwelling, structure, apparatus or point of delivery which is located in a rural area, and which is not receiving central station serviCé not withstanding the fact that such person may be receiving central station service at other points of delivery in a rural or non- rural area. (2) If any area in which such corporation is furnishing electric service to its members is annexed by an incorporated city or town (whether rural or nonrura1 as defined in this Act) in which central station service is supplied by such city or town or by a public utility corporation, the co-operative corporation is authorized to continue to furnish electric energy to any dwelling, structure apparatus or point of delivery to which the co-operative corporation was delivering electric energy on the date of such annexation and if any person desires electric service in such annexed area for any dwelling, structure, apparatus or point of delivery which was not being served by the co-operative corporation on.the date the area became annexed and to which central station service is not avail- able from the city or town or public utility corporation, the co-operative corporation may thereafter furnish electric energy to such dwe11ing~structure, apparatus or point of delivery." -2- The leading case, based upon the aforementioned section, was decided by the Texas Supreme Court in 1957 in State vs Upshure Rural Electric Cooperative Corporation, 156 Texas 633, 298 SW(2nd) 805 (the City of Gilmer case). In this case the Co-op claimed the right to serve residents in annexed areas, regardless of whether it was servicing them when the area in which they resided were annexed. Speaking for the Supreme Court of Texas, Chief Justice Hickman held that "rural electric cooperative could continue to serve members resid- ing in areas annexed to city and that those persons not members of cooperative at time of annexation, even though residing in the same areas, could not be served." Based upon the statute and the Supreme Court case, it is my opinion that nothing would be gained by the granting of a franchise to the Tri-County Electric Cooperative because the law is very clear that they may serve only those customers which they were serving at the time of the annexation by the City of North Richland Hills. Respectfully submitted, Glen!' Goodnight, City Attorney City of North Richland Hills ... .>.~,.._~. ,·.·,·_·_·~·~,o.>__..._,~·~,~_.".~.".___~__ . , ~nlereas the request for franchise ann extenston of service- within the Ci-ty of Nort:q. Richland Hills, Texas as here presenteò wdth supporting arguments by and in behalf of Tr~-County Electric Co-Operative, Inc. has been, duly ,re- cel ved and considered, ' : Whereas the opinion,i of the C¡ty Attorney of NRH hI! EX ÈJUU'l !Ìti.x:Jx~~l!nn'l1.tì!!!:Iixð[N!ÌX:œ:IX!N.siõt!trE!Ì+ regarding such ci'ted request has been officially and duly TIresented and consià ered, . 'âhereas the law as entitled "Electri c Cooperative Corporat ion Act': Art. l528b, as amended Acts 195?, 55th LeC¡;., p. 692, ch. 290, par. l., is here cited and made a part of ~ these proceedings, . . ~~ Vv'hereas the case of Sttîtev~cu~sallr RurEJ,l Elect~ Cooperative Corporation. 156 Texas 633, 298 SW(2nd) ·805 ith the rulii1.,'š 'opinion by Chief ,Justice Hickman, Supreme Court of Texas; the &ase of ßouthwestern Gas & Electric Co. v. rCi~ot' Gilmer, l23 F. Supp. 11, affirmed Fed.2d ?94;and nroposed and defeated amendments to Art. l52ffib, viz. Senate Bill 221. 58th Texä.s Ler?,.. and ~House Bill #3. 57th Texä.s Le!~._ have been herè referenced and duly consiclefled, \1he reas the area unde r consià erat ion i s acknowlJ~ed to he vá thir¡ ; the Corpo ratp L1mi ts of NRH, IIX€i:X)( an incorpor,::lted City wi th population in. e.f:cess of jq::i~&.X]!œ:rS!1!iN:S fifteen hundred (1,500) inhabitant~s~iced from i.ts inception by "central .sœ::x:r:h:œx stati on service" , . .1 ;Yhereus such area has had available Ucentral sta tioY! servl ce be fore and continuous from the incorporation of sai è municipality as evidenced by the willingness and capability to provide electric energy to any such requested point of delIvery by the duly franchised publIc utility corporation servicing this area, .Vhereas the area under consideration is in progress and shall sij.ortly become B:.cÊensely populated urban «ømmIX1I[i:t~ liirea, J" ,.:10-\. 1.Vhereas the law ancr>1)'recedents.estahlished havo b\r~n_~t/~sted.,,~,:!......t..:.--,,- ' , 'VI - by those pårties ini tiat :Lng tl1 {..s0're qu e stfJ, i't~i:JXfin:Xiæ:15ffm:~~~tt_ ..Jì 0f:/;pfrt::..t,s here considered that the .qUestion is not: "can.. the City . N'---þZ~-~ of NffiI legally gra.nt to Tri-Coupty E1ectri~ Cooperative a - ~-~/¡f¡~' j\. . f ,. to se. rve the a,rea,·~tlð~. uestion" '-- this is unqu8stioned .901. '-t../" . common knowledge __1 but thep-question rather is:'tDoes the ~çf)\~ -("'1' Ci ty of NRH deem it àesireable anè~ prudent·;t to grant to ~ y, ':t Tri-County Electric Cooperative a franchise permissive to the physical ~~v tk~ extension of such service as is now established. In wY considering the afore cited r~~Fx!!!:m«~:s information it must be considered here that Tri-County ElectrIc Co-Operative, 1nc. is an electric cooperative under the terms of Art. 1528b; that the area it is requesting to extend its setvice \rlthin is within the corporate limits of the City of NRH, a duly incorporated municipality with population in excess of fifteen hundred inhabitants; that sU,Sch r.lUnicipali ty is now and has br;en serviced by "central station service" before and since incorporation; that such s~r~~ is now and has been :ct~m~ì~t~fkJ available to the inhahit4nts o~~f\n; that the area considered is becomming densely populated; and that within the framework of Tri-County Electric Co-Operatlve's argument such area could be breadly defined to constitute the whole of the City of mlli. It is further considered that there·i·s considerable doubt , IIJIlIi]!itim.N as to the authority tm of an $lectrical cooperative )J"'~ extenâ'~ts servic~ in such circunS''tances as here cited; there is no doubt as to the authority of the -City ~f NRH tc'~rmkiÈit establish ordnances and fPaoncÌlises pe;r:IR~"§;!.,Y,t.ß to the ·conduct of an electrical cooperative within 'the~rím1-~ of the City of NRH a~oording to .tllé laws of the State of TexasL~ the' cooperative's dUly authorize~ corporà~e authoritY;~~c.~e~ðitj's au~ority to limit such ordnances", and franchises wi thin the scope. of the, City's authority to enact such ordnances andr franchises; the,rR is no doubt ¡¡]!it á s to the City of mm aut hori t y 'to enforce· sµch dul y constituted ordnances unc! franchises as enacted. ' . ' .~~ . Afver;\ëor~~Iderin¿,'; 3\1cll in'fo:"Tlat· ¡ as z3xlurx!!x ÌF'-S he:r'e,~pr ~nted, \X:Nd~-:'IX:Jtk:kl1 xing f _ owin" elj bcd:'ati ,I em tÌl" v i t' ~ ,oth desirea e anQ. uàent or the Oi t of , ~ p ac n roo on by s sorin7. v'he f owing Œm dn to be the i ty At rney' pres fed for a epta e at t next ~ gula~, eet:1r'3 this ounc! the folIo g: ±t~Hyth x that· i-C lty Elect c Co-Cperœtive, c~ s ¡ plicator to the request .. \.f-' ~ ì~ ~~ ~ /_L~::UI~.,,-...:t1"1€' ~~ 'J ¡l,,Jr ~ . After C. aÍ'efu1~.. y consiðer~n'š ßtl'Ôh information as bas here been presen.ted, follmving ,liberation, Y deem :k1rxNnrxx that it i3 both òesireabl~ and prudent to grant y'Tri-County Elect!'! c Co-Operative, Inc. such supplication for re~:~t",-9.:4. Jranchise for EIXl'tX that service which is now established, or~a~ished upon annexation by this municipality, but shall be limited to that service so established and in no way sþ~~_be~interpreted to extend to Kh~XE~FYiE±N~Xøfx CJv-tN\ Q.^.l.Òv--- Øiä2t equipI!lent(-"W'è~ã'fy for the continuance and ':'luintenance of U the furnishing of 'J!!t!f electric ener.:!;y tn any dwellin:s, structure, apparatus or point of deli ver:;r so established. Upon such contention I þereby place in motion such action by sponsoring the fOllowing; ordnace to be reviewed by the City Attorney and presented for .acceptance at the next r~ular Council Meeting: " . . I .. .. "...., '., " ~~...""'" '.. .. -< :', IÝ}: "~I I « -' _J , ".. i,._,~ !'\ (t "'r~i) "A~ J cß- . ~ f.e . .,. Ne¿ ~~L"./' JL.j d é~j,,- J ~l:~L~ ,.J ß 0 fS"P) Of) (;;. "C t<-o .....J~../.¿,. N ~4<l"~1:U':J '/. Þ· Þ " '73 J 00 C I 0" o-r ~.y'\. ""t·~l··~·t"¿,~'~'£.-f ..........".... - "',\,4'#-.;::) 1 7 Þ C; o¿. co ø 4-".. 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