07 City Council (6/16/03)MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL
June 16, 2003
The City Council of the City of Paris met in special session, Monday, June 16,
2003, 6:00 P.M. at Paris Junior College, Applied Technology Building Room
1208, 2400 Clarksville Street, Paris, Texas. Mayor Curtis Fendley called the
meeting to order with the following Council Members present: Jim Bell, Jay
Guest, Joe McCarthy, Francine Neeley, Willie Weekly, Jr., and Benny Plata. Also
present were City Manager Michael E. Malone, City Attorney Larry W. Schenk,
and City Clerk Mattie Cunningham.
Mayor Fendley announced that the first item on the agenda was presentation of
revenue projections and proposed rate adjustments by special consultants Reed,
Stowe & Yanke.
City Manager Malone introduced Jack Stowe who is one of the principals of the
firm of Reed, Stowe & Yanke, which is now a Division of the International
Engineering Consulting Firm of R. W. Beck Inc., who has conducted the city's
Water and Wastewater Study as well as consulted with the city on amendments
and the new Campbell Soup water contract. City Manager Malone said that Mr.
Stowe was going to review the rate study as well as projections based on the
change in the Campbell Soup contract.
Mr. Stowe said, to put this study in prospective, he would go back and talk
about the existing rates. He said those rates were based on the 1999-2000
budget. They were also based on the 1998-1999 actual for the contractual
customers. Mr. Stowe said when it comes to water, the City of Paris is in the
unique position of having approximately 35% of its revenue come from
wholesale and retail customers, those being primarily Lamar County Water
Supply and Campbell Soup Company. He said those particular contracts require
the rates to be set on the audited financial statements; so, the contract rates that
are being charged today are based upon 1998-1999 financial data. That data is
approximately four years old. The contractual obligation of both parties is that
these rates are to be adjusted once every three years, and the adjustment should
have taken place in the year 2002. He said the study that City Council has before
them was originally given to the Council on March 17, 2003. This study was
based on the 2001-2002 budget for retail customers. For the wholesale
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June 16, 2003
Page 2
customers, it was based upon the audit financial statement for 2000-2001. Mr.
Stowe said that the financial data that they are looking at, at this point in time,
is getting stale. Mr. Stowe advised the Council if they were comparing it to the
2002-2003 budget, obviously the numbers that they have employed in performing
this rate analysis is substantially less than what would be in that budget from an
actual standpoint from the wholesale customers as well as the budgeting process
itself. Mr. Stowe said to cut to the chase on the study, they are recommending,
again it has been since 1999 since the last rate increase, a rate increase of
approximately 14% on residential customers. He said the current residential rate
for the first 200 hundred cubic feet is $5.91 and they are suggesting that rate goes
to $7.00. The current rate per 100 cubic feet is $2.15 and they are suggesting an
increase to $2.45. As for the wastewater, the existing base rate is $6.31 and they
are suggesting a change to $7.50, and for the 100 cubic feet it is currently $3.10
and they are suggesting that change to $3.25. Mr. Stowe said that, in performing
this rate analysis, because of the city's wholesale customers being on a
contractual basis and specifically the Lamar County Contract provides for rather
than recovery of debt service, it requires for the recovery of the capital cost
through depreciation. The depreciable life of the assets to service Lamar County
are approximately 40 to 50 years. The debt to finance those capital assets is 20
years. So, what they have when they calculate the rates for wholesale customers
is a quarter of a million dollar shortfall that has to be recovered from the retail
customers. He said in the years to come, that will reverse and it will become a
credit; the city is not there yet. Mr. Stowe advised that the City Council needs to
keep that in perspective as it looks at this.
Mr. Stowe said the rates developed to recover the revenue requirement based for
the retail rates was 6.4 million, and in addition to that, they had a revenue
shortfall on the contracts because of the contract methodology right at
$300,000.00, so, the retail rates are designed to recover 6.7 million and that will
be back based upon the 2001-2002 budget. Mayor Fendley wanted to know how
that compared with the 2001-2002 actual audit for the water. Mr. Stowe advised
that they had not gone back and looked at the 2001-2002 actual. Mayor Fendley
said the water sales is 5.9 million, and your estimated revenue to be 6 4, but
asked what was the revenue off of 2001-2002 budget. Mr. Stowe advised that the
budget for 2001-2002 was 6.4 million. Mayor Fendley said he thought that is
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June 16, 2003
Page 3
what the rate increase would generate in revenue. Mr. Stowe said that was
correct and it was based off of the 2001-2002 budget. Mayor Fendley said you
can back that up by 14% and come up with that number. Mr. Stowe said that is
approximately 14% increase over the existing rate.
Mr. Stowe pointed out that the actual water sale has been dropping substantially
and the state references about a 14% decline in water sales primarily due to
Campbell Soup, and in the wastewater side they were down about 4%.
Mr. Stowe said that at the conclusion of the April meeting, City Council had
asked him to meet with Campbell Soup to determine if there was any type of
meeting of the minds. There have been a number of meetings with Campbell
Soup representatives from New Jersey. He said they discussed their production
volumes and the drop in volumes at this Campbell Soup Company facility. No
promises were made but it was definitely conveyed to us that they would look
favorably at new production lines if they received favorable rates. The
discussions resulted in a new type of billing structure and a new approach to
servicing Campbell Soup. It will result in approximately $150,000 less revenue
from Campbell Soup than what was identified during the study. Mr. Stowe said
they were dealing with a zero sum gain. Obviously, if the city loses $150,000.00
in one place it has to be make it up in another place. Mr. Stowe said at this
junction this is not his recommendation to the city. His recommendation to the
city regarding the Campbell Soup situation is, at this time, they are agreeable to
revisiting their rate structure and their policy on an annual basis. He said the
city is already two-thirds through this year and it would be impossible to make
up the $150,000.00 and it is going to be impossible to hit the revenue target that
they have identified. There is going to be a significant shortfall in the city's
water and wastewater utility fund for 2002-2003. Mr. Stowe said what he would
suggest however, if the city moves forward to start fixing the revenue problem
as it is today, realizing that they are looking at data some of it as much as 36 to
48 months old, and move toward the future as to whether of not adjustments need
to be made in future budgets or what needs to be done. No matter what is done
today on budgets, going forward he wanted to emphasize that they are addressing
data now as far as the retail basis from this study is some 24 months old and that
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June 16, 2003
Page 4
the contractual customers data is 36 months old.
Councilman Bell questioned the use of old data. Mr. Stowe advised that because
the contract for Campbell Soup called for rated to be reviewed every three years,
the city's practice had been to review rates every three years. Mr. Stowe said
that in this particular study when they were dealing with the 2001-2002 budget,
the city was late getting started. Then they had situations to arise, also, which
delayed them a couple of more months. He said this study has been somewhat
tardy in getting completed and they were willing to take some of the blame for
it.
City Manager Malone advised that they had suggested in the past that the city
should update the rate annually, but the City Council did not seem to want to go
that direction. He thought the reason for that is each time a study is presented
based on the Campbell Soup Company' s contract, they do not want to lay out the
money to do a full rate study. Once the study has been presented, it is for a three
year period, then the city has all of this additional debt to meet these mandates,
and it is uncomfortable once the rates have been introduced and no body wants
to visit that for the next couple years, so, that is how we have gotten into this
pattern. He said each time they have expressed interest in doing the rate study
annually so they will be fresh and an incremental increase if necessary. City
Manager Malone advised that they have the results back for the lost water study
and they have been working to reduce the lost water by repairing mains in the
systems and looking for leaks. He said they have had an ongoing program to
address these problems. The City Manager advised that they have switched out
all of the meters and believe about 100% of all meters are touch-read. He said
they have an annual program changing out about 700 meters a year.
Herb Campbell, Director of Utilities, advised that they are down to about 15%
for lost water. He said they were making progress.
Mayor Fendley asked Mr. Stowe to put in the actual numbers since he already
had his data base up for September ,2002, and since Mr. Stowe was working on
that budget. Mr. Stowe advised that they would have to plug in both the budget
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June 16, 2003
Page 5
data and the historical data. He said the city could use the 2001-2002 audit if the
city wanted to. Mr. Stowe advised that the city would have to use the new
production and sales data and that could be done without a problem. Mr. Stowe
said the fastest way of doing it, in his opinion, for where the city is today, as this
is already June, and if these rates do not go into effect this summer, the city is
looking at 30 days before you can do an effective date. He said that would put
the increase in the middle of July and you are only going to have about a month
and one-half to two months of water sales and they are going to be looking at
some serious financial situations. He said what the city could look at is their
2001-2002 budget compared to the 2000-2001 budget and compare to the 2002-
2003 budget to see how much increase would be in the budget. He said if there
has not been a significant shift from one year to the next in the budget, and by
significant he meant 3, 4, or 5 hundred thousand dollars, and he would be
surprised if there is that much change. He said that the production and sales
data is so static it stays pretty much constant that he felt the city could get a
feeling. He said he would be glad to enter the data and it would take a couple of
weeks probably to get it back to the city.
Councilman Bell said he and Councilman Guest attended one of Mr. Plata's
committee meetings prior to them election. Of course, Councilman Weekly and
Councilwoman Neeley were also present. Councilman Bell stated that during the
course of that discussion, it became apparent that our water rates appear to be
driven by debt. He said if that is the case, the city needs to be looking at debt in
2000 and 2001 and where the city incurred more debt and debt service, which is
based on the information that Mr. Campbell gave them. The cost of water
production was not up and he was of the impression that only debt and a decrease
in revenue by the sale of water has gone down because of consumption and that
is what is driving this particular cost. Councilman Bell wanted to know if Mr.
Stowe, under his opinion, what would allow the city to produce that. Mr. Stowe
explained that the debt is about 30% of the revenue requirements. He said the
electric cost is another 15% to 20% and the balance of it is salary and wages,
material and supplies, capital outlay, transfer to the general fund and franchise
fees. Mr. Stowe said if Councilman Bell is asking if there are expenses that can
be cut, he cannot answer that question. He advised that he has not looked at that
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June 16, 2003
Page 6
and cannot really give him an answer to that question, but what he could answer
is after looking at the city' s rate based on the rates that they were recommending,
and he looked at them and compared them to cities that are in the City of ?aris's
population range and when he starts isolating out the cities that are part of large
systems, such as Farmers Branch who is a customer of Dallas Water Utilities,
and isolating them out and stand alone for the 25,0000 to 30,000 population, the
City of Paris' rates are about in the middle to the low side based on what they are
recommended. He said this should give the city some level of confidence that
they are doing things right.
Councilman Bell asked Mr. Stowe how much money he provided to be
transferred to the General Fund. Mr. Stowe said it was approximately
$750,000.00 for general administrative costs and overhead. If the city calculates
it as a percentage of revenue, the figure would be 7% to 7-1/2% of total revenue.
Mr. Stowe said that they look at this for Paris and for other cities. What Paris is
charging is in about the middle area. Mr. Stowe said the franchise fee is
approximately 4% and that is what other utilities are charged.
Councilman Guest asked what was the total debt service. Gene Anderson,
Director of Finance, advised that the debt service was about 33 million dollars
for the water and sewer fund combined; and the annual expenses are about 11
million including debt service. Mr. Anderson said that he had provided the
Council two years of the financial statement and in 2000-2001 the transfer out
is a larger number. That is because the city did two refunding issues to save
money and the money in there would have gone to the Interest and Sinking Fund,
because this was done ahead of time as an advance refunding, he had to take that
money and transfer it over to the Interest and Sinking Fund to make the debt
payment that was coming up, which was a one time deal. That money went into
the Interest and Sinking Fund to pay debt.
Mayor Fendley said we show retained earnings and it is not the typical retained
earnings because you are showing 30 million dollars in retained earnings. Mr.
Anderson said that would include the asset base. Mayor Fendley stated that it is
not actually the accumulated profit from the water and sewer departments over
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June 16, 2003
Page 7
the years. Mr. Anderson said it would be a combination of your buy-down on the
city's debt. Mr. Anderson advised that there are several sub-funds that all come
under water and sewer. There is the operating account, construction fund, and
the interest and sinking fund. The ten million dollars is a combination of all of
those funds because you have to do a consolidated statement. Mr. Anderson
pointed out that if the Council would look at the statement on the far left hand
corner they would see just the Water and Sewer system separated from the on
going construction as well and the Interest and Sinking Fund and that is where
you get the 30 million, but if you combine all those fund together you will get a
total number.
Councilman Guest asked if there was such a thing as the city having debt to asset
ratios and there being any importance to those and can you feel comfortable with
that. Mr. Stowe advised that the debt to asset ratio is one of the things that the
rating agencies will look at even though it is a revenue bond and the city's
revenue is being pledged to cover it. They will still look at that for the city's
rating, and he felt that was significant to the numbers. Mr. Stowe said he was
looking at the City of Garland and they are at about 25% to 75% and the City of
Paris is about 40% to 60%, and if you look at the old rule of thumbs that the
PUC and all the regulatory agencies that use to apply here when they approved
financing they have from 25% - 75% to 40% - 60%, so, the city is up on the end
right there and every month your are adding to it, if you are borrowing money.
If you are not borrowing more money, then every month you are increasing you
equity and it is going down that percentage.
Mr. Anderson answered Councilman Bell' s question regarding the balance in the
bond fund, advising that there is approximately 3.8 million dollars that has not
been spent. Mr. Anderson further advised that this money is obligated for
projects such as the water storage tower and for the lines to feed the tower. He
said there may be a few hundred thousand dollars that is not obligated. City
Manager Malone said the Council will be furnished a break-down of the
construction fund.
Mr. Stowe said that one number he can tell the City Council is that for every
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June 16, 2003
Page 8
$50,000.00 reduction in cost that may be there or not, it means one cent on the
rate. Councilman Guest stated that the city only has 3 million dollars in operating
expenses to deal with to begin with, and if you reduce it 20% ,you still have not
reduced the water rate that many cents.
Councilwoman Neeley asked Mr. Stowe that when he was here before didn't he
tell Council that what was driving the rate increase was debt retirement, franchise
and utility cost. Mr. Stowe advised that the main driver is the debt for the
system and then the other thing here is the decline in water sales.
Mr. Stowe told the City Council that there is a project that is on the drawing
board for East Texas to West Texas. It is a pipeline that is going to run close to
here and as it develops and becomes public knowledge, he will be contacting the
City of Paris to see if there is an interest in selling raw water into that pipeline.
Councilman Bell asked if the city can live with what we have, with what the city
has going on, such as the water tower and the water lines, and if Mr. Stowe was
talking about doing it with more borrowed debt he was not for that at this point.
Manager Malone said there is a production study underway and part of that is to
identify any effect that mandates that the city has already received and know
what effect they will have on the city. He said when the city receives that data
they will be able to determine what the city's production capacity is, and will
know what they are already obligated to do under the existing contracts along
with knowing what people are asking for currently. The City Manger said the
City Council will have a decision to make. It may be that our capacity is
adequate for the present time and the city can expand these contracts and obligate
ourselves to sell more water. But if the study comes back that additions to the
plant have to be made in order to meet the mandates and to get the capacity at the
level that is needed to meet the obligations of the city, then council will need to
decide if they want to expend funds to increase the levels so the city can sell
water to Lamar County Water Supply. If you want to reduce the lost water
situation by replacing lines, the Council might want to issue debt. Those are
decisions that the Council has to make as staff furnishes them the data. City
Manager Malone said they have an up to date water master plan, but the
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June 16, 2003
Page 9
wastewater plan may be out of date. He said they have made a tremendous
amount of progress on making repairs to the wastewater system and the water
system and that is why the city did not get fined. That is how the city got out
from under that order. The City Manager said they had been spending money
and getting bang for the buck in repairing the system and the city would be in a
lot worse shape if the money had not been borrowed to make those repairs and
meet those mandates.
Councilman Plata wanted to know how long the water loss study has been going
on and when it was completed. Mr. Campbell advised that there is a preliminary
report that is very good and they are making repairs based on it. The final report
has been delayed because the engineer doing the report became ill.
Mayor Fendley called for discussion of and possible action regarding
privatization of the water and sewer facilities. Mayor Fendley asked if the
Council recalled that they had this discussion within the last three or four weeks
and had a presentation for OMI and called for comments from the City Council.
Councilman Bell advised that he has had some discussion with Councilman Plata
and others and he cannot see why we would not proceed with the RFP (Request
for Proposals). Councilman Bell said in visiting with OMI he found that their
RFP's are not that complicated and should not take that much staff time. It
would be a preliminary step, and he felt that if they had some type proposal, it
would give us, if nothing else, some ideas where to look at possible cuts in cost
if we do not have them presented by Mr. Campbell at some point. Hopefully he
is looking at that, and finally, he did not want to have an RFP from just one
company.
City Attorney Schenk advised that what they would do is not adopt out of hand
OMI's proposal for RFP because he thinks it is like stipulating that you want a
3.8 engine in what you are buying and that is what you are going to get. He felt
that the city should get RFP's from other entities and then create our own, and
that is what he was saying to this Council. In doing that, saying the city can do
an RFP is one thing, but it is another thing to decide an RFP for what level
Regular City Council Meeting
June 16, 2003
Page 10
service you want. Do you want the entity to do the billing, maintenance and
repair of the lines, operate the water plant or operate the sewer plant. Attorney
Schenk said that you want to get proposals on the level of service that you are
expecting. Keep in mind that the companies prepare these RFPs as a reality in
the prospect of making a contractual award. City Attorney Schenk said he was
suggesting that they not get a proposal from OMI. He thought it would be
prudent for the city to create their own based on the experience of other cities as
well as suggestions from some of the entities that have privatized. Mr. Schenk
said in it is important to have input from this Council as to what kinds of service
they want to privatize.
Mr. Stowe advised that it does not hurt to look at options and they have done
RFPs for privatizing O&M operations before; but if the city does this, give your
staff an opportunity to compete. They need to have the opportunity to bid also.
He said if you look at the City's 4 ½% debt that they can issue at and you look
at the fact that you do not pay 35% federal income taxes and for these people to
able to make that debt cost is around 6 ½% to 7% and their return on equity is
about 10% to 12%, and to cover the taxes and find $500,000.00, he can't wait to
read those proposals.
Councilman Bell said they are willing to come to us and say they can do that and
if they can, where is our cut? This item was placed on the agenda before Mr.
Campbell was allowed to come forward and address the item brought up by Mr.
Plata and his committee.
Mayor Fendley announced that the City Council would move forward to Item No.
3.B (1), staff reports; Agenda Item No. 3.B. (2); and Agenda Item No. 3.B. (3)
other related information.
Gene Anderson, Director of Finance, came stating that he had some information
that would be considered historical that would give council some perspective.
Mr. Anderson said he went back and extracted some data of a cool weather
month (March) and a hot weather month (August) to try to put the size of our
water bill in perspective because of anyone sitting around the coffee shop or any
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June 16, 2003
Page 11
other place discussing bills and that whatever the bill, they thought it is too high.
Mr. Anderson said his information was of all city customers residential,
commercial, industrial or whatever, all of them rolled into together. In March
of 2003, there were 8,547 combined water and sewer bills (this excludes trash
pick up) that were $50.00 or less that is 84.13% of accounts including industrial.
There were another 1,220 that fell between $51.00 and $100.00, which represents
12%. He said those two top category represent 96.13% of all of the city's
customers and they had a bill of $100.00 or less for water and sewer and that is
in a cool weather month. He said in August 2002, which is dry and hot as it can
get, and in the zero to $50.00 range 7,275 account or 71.63% of the bills were
$50.00 or less. He said the range from $5.00 to $100.00 there were 2,143
customers, or 21.10%, and those two categories represent 92.73%. Mr.
Anderson said if you really put it in perspective and look and see what they really
are compared to the other utility bills, he did not think these were exorbitant
rates.
Mr. Anderson said that Mr. Stowe mentioned the TML Survey and over the past
two years, TML surveys of 673 cities indicate that water rates have increased
11.93% and sewer rates have increased 9.9%, so, the City of Paris is not the only
city facing this type situation, and as Mr. Malone said in the past no one wants
to do it. It is not the popular thing to do.
Councilman Plata said that sounds good, but here are the things that he looks at
when you talk about rate increases. You say this is not bad, then all of the other
utilities go up and you need to think about these people that are on a fixed
income. He advised that he is not saying that we do not need a rate increase, but
he would like to see about cutting fat out of the budget first, and then raise the
rates.
Mr. Anderson said he understands what Councilman Plata said, but he pointed
out that he always hears about people on a fixed income, and he said that he
does not know anyone that is on a strictly fixed income even if someone only has
social security checks as their only income, that is adjusted by the cost of living
by the Federal Government based on the inflation rate, so it is not really fixed.
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June 16, 2003
Page 12
Councilwoman Neeley spoke about a City Council who decided that we needed
to make some improvements and needed some things and then voted to borrow
this money without raising rates. She said that some one near and dear to her
(former Mayor Neeley) came home jumping up and down screaming that they
have just robbed Peter to pay Paul and somebody down there, in a few years, is
going to have to bite the bullet and raise these rates and take care of it. She
stated that it seems that they were there whether they liked it or not.
Councilwoman Neeley said that much of the things that they did were mandated
by the EPA that was threatening daily large fines. She said that she talked to
people, talked to industry and we do not want to drive industry out of town by
raising our rates, but we also don't want to lose our bond rating.
Mr. Anderson said he would like to address something that came up at the last
Water and Sewer Subcommittee meeting that involved the possibility of going
to the 12 hour shifts. He did, at Councilman Plata's suggestion, call the
Financial Director at Kimberly Clark and discussed their 12 hour shift rotation
schedule and essentially their employees work four 12 hour shifts one week, and
three 12 hour shifts the next week. In other words, they work 36 hours one week
and 48 hours the next unless they are called in for some other purpose. Mr.
Anderson said if you wanted to do that, if you wanted to convert that to straight
time equivalent hours in a two week pay period which is what the city uses, that
is equivalent to 88 straight time hours compared to 80 straight time hours that the
city currently utilize. Mr. Anderson said there was a question on how that would
effect overtime and whether or not it would invoke overtime in that week that an
employee would work in excess of 40 hours. The Fair Labor Standard Act is
pretty clear on that and any hours worked over 40 are mandatory time and one-
half. Mr. Anderson said what Kimberly Clark does, as he understands, the
schedule their fourth day is intended to be and is normally scheduled for a
Sunday. The week they work 4 days one of them is normally a Sunday and what
they do on Sunday's they pay double time and not time and one-half. He said
that under a normal two week cycle for a K-C employee, they are going to be
paid for 72 straight time hours, and 12 double time hours for a total of 84 hours
worked; but that is the straight time equivalent of 96 hours. Mr. Anderson said
the overtime is a valid issue, and the largest drawback that he can see as it has
Regular City Council Meeting
June 16, 2003
Page 13
been proposed, is on those 4 shifts you have two people on a shift, you have an
operator and a maintenance person, which if either of those people are out for
any reason, who ever gets called in the odds are 65%-75% that the are going to
start out at time and one-half rate as soon as they come in even if someone is
pulled off the regular standard day shift to cover for that employee the odds are
that they are going to be in an overtime situation. Mr. Anderson said if you
spread that out over a year, and calculate how many days of holidays, and
vacation, he went back and looked at how many sick days were involved and
assuming that 65% to 75% of the hours that are going to be necessary to cover
those type of known and expected absences, the equivalent straight time hours
come out close to the number of straight time hours that the city is paying now.
Mr. Anderson said there is a real danger that the city is not going to save as much
money by going to that schedule and doing those employee cuts as what might
be expected. He advised that the addition problem that he sees is that it will put
a strain on the employees that are left because there are fewer employees to cover
the hours.
Mr. Anderson said another thing he wanted to mention is the fact that the Water
and Sewer Fund is an enterprise fund. It is suppose to carry its own weight, to
be self supporting, and any operating expenses related to that should be charged
to that fund and the rates are to support that. That is the accounting theory
behind it and that is how everybody does it.
Mr. Anderson said one of the other suggestions that was made at that meeting
had to do with shifting some of those proposed cut employees over to the Parks
Department and then having them come back and do ground keeping at the water
plant or the sewer plant. He advised that type of cost shifting of genuine water
and sewer related cost to the General Fund defeats that theory and defeats that
purpose and would also adversely alter our ability to recover the cost to our
contract customers because those costs, it would no longer be in the Water and
Sewer Fund Budget and they could no longer roll those into the contracts.
Mr. Anderson said another item in the Water and Sewer Budget has to do with
the administrative transfer and the franchise fee. He said it is a percentage of the
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June 16, 2003
Page 14
General Fund overhead which is just a little over 12%. He advised that
compared to other cities it is very reasonable and as Mr. Stowe mentioned it is
probably lower than most of them. He said that is a genuine cost to the system
and he did not think the Council could ignore that theoretically and accurately
report the cost to the Water and Sewer Fund. Mr. Anderson stated that the
morale of the employees had been adversely affected since there is the possibility
that some of them will not have a j ob. Mr. Anderson thought that the sooner the
Council can address these issues the better employee morale would be.
Councilman Bell asked Mr. Anderson if it is possible for him to give the City
Council a printout telling the Council how much money has been transferred to
the General Fund from the Water and Sewer Fund over the last 10 or 15 years.
Mr. Anderson said he could do that pretty quickly, but it has been roughly a
million dollars for some time and it has not increased. The City Manager asked
Mr. Anderson if it has been that amount for the past five years. Mr. Anderson
said that the franchise fee fluctuates. Mr. Stowe said it was about 4% and it is
actually 3% of anticipated revenue.
City Attorney Schenk asked the City Council if they understood the Fair Labor
Standard Act. Mr. Anderson advised that he hit that pretty quickly, but
essentially anybody that actually works more than 40 hours a week has to be
paid time and one-half. Councilman Plata said he had looked at that and he
called Longview and talked to them, and you are correct. Councilman Plata said
there are other ways in dealing with the 3 ½ hours that will be paid overtime.
Councilman Plata said that Mr. Anderson made an incorrect statement on what
he said about people coming back and doing ground maintenance at the water
and wastewater plants. He advised that what he was saying is they will not be
in the water department when you transfer the employees to the Parks
Department. Councilman Plata said the city could use a lot of maintenance men
to do a lot of ground maintenance, and to him, maintenance men should not be
doing that type work. Mr. Anderson said that the maintenance workers at both
the water and wastewater plants historically have not only maintained pumps
and motors and that type maintenance, but as part of their job, they have also
Regular City Council Meeting
June 16, 2003
Page 15
done the ground maintenance at the facilities. Mr. Anderson said that is a cost
to operate the system. Mr. Anderson said even if you move those employees
over to the Parks Department, that work has got to be done and it is a cost that
should be charged to the system.
At 7:24 P.M. Mayor Fendley announced that the City Council would take a 10
minute break.
Mayor Fendley reconvened the meeting at 7:35 P.M.
Mayor Fendley said they would move to Agenda Item No. 3.B(3), other related
information for the Water and Sewer Departments.
Herb Campbell, Director of Utilities, was present stating that he looks at this
from a different perspective than everybody else. He said he looks at the
production end. Mr. Campbell presented the City Council with a memorandum
with several attachments. He stated that it is his job to protect the health of the
citizens that the city serves. Next, they must protect the health and provide for
the safety of our employees; and the city must do it efficiently and as cost
effectively as possible. He said since the city is a service organization, it takes
well- trained people to perform that service.
Mr. Campbell told the City Council that when he was hired as Director of
Utilities in 1987, the City of Paris decided that it did not want to just be
mediocre when it came to protecting the health and safety of its citizens and
employees and protecting the environment. They have far exceeded that
expectation and continue to do so with a modern and progressive system. To
ensure that high quality, potable water reaches our customers we regularly
exceed all state and federal standards at the water treatment plant.
He said that "WATER IS LIFE" and nothing positive can happen in this city, or
any other city for that matter, without water. Water is the most important
resource on this planet. Good, clean, safe water is not free, even as much as we
would like for it to be. He said water ranks higher than air for survival of life
Regular City Council Meeting
June 16, 2003
Page 16
on earth. Some things on earth can live without air, but nothing can live without
water.
Mr. Campbell advised that for the past sixteen years, they have met all of the
demanding and ever-changing state and federal water and wastewater rules,
regulations and unfunded mandates placed upon this city and specifically upon
the Utilities Department. In the past ten years, there have been no new positions
added in the Utilities Department and the budgets have been basically flat for the
last three years. They have met this challenge by properly training and retaining
a good core staff of personnel. This has never been more evident than this year
when they have had two major water breaks. Quick and proper action by our
trained staff averted several hundreds of thousands of dollars in lost time and
products for some of our major industries and there will be many more
challenges in the future as our system continues to age. He said this department
is well respected by the citizens of Paris and rightfully so. He did not believe
that now is the time to be reducing personnel, especially in light of current
world events. The water and wastewater systems need your support now more
than ever before as they are high on terrorist target lists.
Mr. Campbell stated that for months a study has been on going by an Ad-Hoc
Committee of the City Council. Certain recommendations have been made by
this Committee. In his opinion, adopting all of these recommendations would
not be in the best interest of the city. Mr. Campbell said if all of the personnel
recommendations of the Committee were implemented, the savings to the
average water user (around 5000 gallons per month) would be only 13.5 cents
per month for water and $0.74 per month for wastewater service. That is a total
of 87.5 cents per month or just a little less than 3 cents per day. Mr. Campbell
said as a citizen of Paris, he considered that a small amount to pay for the
continued protection of his health and the protection of the environment. Mr.
Campbell said there were other items addressed in the recommendations that
should be considered during the budget making process.
Mr. Campbell said that with all the things they have accomplished, they have
always worked with less people than budgeted. This is because at least three
Regular City Council Meeting
June 16, 2003
Page 17
personnel positions are always in a state of flux with people going in and out of
the department. He said while he did not wish to have these positions cut, it
would be possible to operate without them if, when other vacancies do occur,
they are filled on a timely basis with quality personnel. Additionally, Mr.
Campbell said they will continue, as they have always done, to operate in the
most efficient manner. Mr. Campbell said that they have always looked for
better and more efficient ways to do things and still accomplish their stated
mission.
Mr. Campbell advised that several documents were attached to his memo. The
first thing is a Summary of Effect of Personnel cuts as recommended by the Ad
Hoc Committee showing how he made the calculations to arrive at the 3 cents
per day or less. Next were several pages of the summaries of Acts and
Mandates that the City of Paris has been under for drinking water showing
required action and comments. Mr. Campbell said there are also pages for
wastewater mandates.
Mr. Campbell advised that he went to the Texas Water Session in Corpus Christi
this last spring and he has listed the break-out session, and as you can see there
are a lot of things that are going on. In order to keep informed, these are the
things that he does, and as the Council can see, there are a lot of presenters
affiliated with TCEQ. The next page is a Treatment Plant Process Flow
Diagram (2003). He said this shows the treatment process of the plant flow
diagram for the City of Paris Water Treatment Plant and everything showing in
red has been added to this plant since 1987. The next page reflects the changes
in the treatment system at ground storage and everything shown in red has been
changed. They added a 4 million gallon ground storage tank, 4 new pumps, and
several new meters. The next page is a graph showing the water that was treated
and the top line is the Water Treatment Plant water and it has gone down some
in the last four years. He pointed out a small line at the top which is raw water
and the city is pumping more raw water because of Lamar Power ?artners; soon
the raw water pumping costs is going to be a lot more than they have been in the
past.
Regular City Council Meeting
June 16, 2003
Page 18
The next page was a list of all the pumps in the Water Treatment Plant Division
and the next page is the scope of services agreement that the city has with Freese
and Nichols and he knew what they were doing when they were conducting this
water treatment plant evaluation. He asked the City Council to look at item nine
which shows where they are suppose to estimate the staffing requirements for
the current and future capacities (if they are different). So, they are looking
ahead on that.
Mr. Campbell said the next page is for Water and Wastewater Plant is an
illustration showing the schedules as they were recommended. Mr. Campbell
asked Councilman Plata why he recommended that the city use a day shift
operator at the water plant but he did not make that recommendation for the
wastewater plant. Councilman Plata explained that there was not a need for an
operator at the sewer treatment plant.
Mr. Campbell asked that they look at the next page, which is a comparison he
did with other cities, Greenville, Sherman, Denison, Mt. Pleasant, Corsicana and
Lewisville. He said that Lewisville is a lot larger than the City of Paris, but we
compare comparably to this, and this gives a lot of information such as the water
rates, population, wastewater, water source, water plant capacity, and their
average water production. If you will notice, the city's average water
production is 11.4, which is higher than any other of the cities listed including
Lewisville, as they have a purchase contract with Dallas Water Utilities and they
purchase 7.5 million gallons a day, but they only treat 4 ½ million a day. Mr.
Campbell said that the city's peak flow is higher than all of them, but the
interesting point is the next number down which is called water production
dollars per 1,000 gallons and the city's water production cost is $0.56 per 1,000
gallons; Greenville is $0.79. Sherman you will have to read the notes to get
theirs because it is convoluted. Denison gets their water from wells, so naturally
they would be lower than the city. Mt. Pleasant is about the same as Paris's,
Corsicana and Lewisville are a lot higher than the City of Paris.
Regarding the wastewater plant, Mr. Campbell said there are different types.
Greenville has the simplest type, a trickling filter system. Mr. Campbell said the
Regular City Council Meeting
June 16, 2003
Page 19
City of Paris has activated sludge with extended aeration, which some of these
cities have, but if you will look at the Sludge Disposal Method some of the cities
uses the landfill, which is very cheap at this time. That will be stopped soon
because TCEQ does not want to fill up landfills with the treatment plant sludge.
He asked that the Council look at their water treatment cost per thousand. The
City of Paris is $1.10; where Greenville, with a much simpler plant and easy
disposal, is only $1.03; Sherman is higher than the City of Paris; Denison is
about the same; and he has not figured out Mt. Pleasant yet because they have
such a varied cost center that is hard to figure out, just like what he had talking
about where all their costs are. Corsicana is lot higher and Lewisville is pretty
much in line with the City of Paris. Lewisville also operates their plant 24 hours
a day with two operators per shift. Corsicanna operates their plant 24 hours day
with one person per shift, but that 8 hours and one person is an over-land flow.
They have an over-land flow field, which is like Campbell Soup and this most
unusual. Mt. Pleasant only operates their wastewater plant 8 hours a day;
Denison operates their 24 hours a day with one operator; Sherman operates
theirs 24 hours a day with one operator; and Greenville operates theirs 13 hours
a day and the City of Paris operates 24 hours a day with 2 operators. Mr.
Campbell asked the Council to look back at the operated hours per day on water
and Lewisville is the only one that works 12 hours shifts and they have 3
operators on each shift and working 12 hours a shift, and one is not only
operating, he is doing some type maintenance. If you go down to how stringent
the government is enforcing against them or what their permits calls for, the
permit limits and the City of Paris has a pretty stringent permit. He said the
lower the numbers the more stringent it is except on the DO and you have to
have a higher DO because they want you to have more oxygen in the water. If
the Council will notice the city's is 10, 15, 2, & 6, and Greenville is still 20-20
and their ammonia in the summer is 2, but in the winter it is 10 and their DO
level is lower. Mr. Campbell said he could tell right now that Greenville is
going to have to get ready to spend some money, and they are getting ready to
spend money on bonds. Sherman is comparable to Paris, Denison is the same
20-20 and they do not have an ammonia limit, but they have a 2 DO, and those
will change because all of the others are 10, 15 for most of the cities and that is
the norm for now days and that is what TCEQ requiring.
Regular City Council Meeting
June 16, 2003
Page 20
Councilman Plata wanted to know how many people did these cities have in the
lift stations. Mr. Campbell said that Greenville has people committed to lift
stations and the reason they do is because they are under what is called an SSI?
Program (Sanitary Sewer Improvement Program). Mr. Campbell said that some
of the others have the lift stations included in their wastewater plants and some
of them have dedicated lift stations crews. Mr. Campbell said the people who
have switched from dedicated lift station crews are rethinking their decision, and
he has talked to others such as Lewisville, where they do not have a lift station
crew, but it is not working as well as in Denton. Councilman Plata said he had
checked out all of these cities and none of them have lift station crews. Mr.
Campbell said he did not think that was true in Greenville because they work
under their SSI? Program.
Mr. Campbell advised that the next page is the Lift Station Comparison from
1987 to 2003 and there have been a lot of changes made, plus a lot of life
stations have been added. There is also a Major Equipment List for all of the lift
stations. Mr. Campbell said the next page is the Time Breakdown (Hours) for
calendar year 2002, and they went into great detail for the time breakdown. Mr.
Campbell broke down the time for three lift station people and this is a time
breakdown in hours for last year and it tells in great detail what these people do.
Mr. Campbell asked the Council to look through this breakdown and they will
see all of the things they do. Page 16 of 18 shows everything that they do
broken down by the percent of time they spend; pump repair and preventive
maintenance are the largest items and that is what he wants them to be doing.
Mr. Campbell went to the next page which shows from 1987 to the present. He
said that he can only speak for the time he has been with the City of Paris
because no one was keeping these records before he came. It was required by
law, if there were overflows in the sanitary sewer or anywhere else, like a lift
station, it is suppose to be reported. It is called a noncompliance notification
and that is what the NCN Report is. Mr. Campbell said the orange line goes
way up; but on the lower left you will see that a big dent was made in lift station
overflows during his first two years with the city. Since that time, the lift station
overflow is fiat and that is where they want to keep it. Mr. Campbell said it
Regular City Council Meeting
June 16, 2003
Page 21
would be bad as the guys have worked long and hard keeping the city out of the
administrative orders to try to take that lift station crew down and put them
somewhere else where they will not be able to respond and do the job that they
are trained to do. He said if they were not doing a good job, he would be the
first to say let's do something else. They keep adding new lift stations, but we
have not added additional personnel.
Mr. Campbell said the next several pages show the changes that have been made
at the Wastewater Treatment Plant.
Next was the Operator Education, Training and Certification Program, Operator
Training and Certification Curriculum Program and he wanted the City Council
to know that this is what the state expects city employees to know how to do if
they are going to be certified operators. There were seven pages of things they
have to know. The following pages shows the Certified Water/Wastewater
Courses that they have had since 1987. Mr. Campbell said they started having
water and wastewater courses here since he has been with the city and they have
saved over $100,000.00 in training by not having to send these people out of
town.
Mr. Campbell said that he downloaded off the internet from the Texas
Resources Institute the last pages of his report, which was Water and
Wastewater Utilities Enhance System Security Malicious attacks now to be
addressed along with natural disasters in the new plans. Mr. Campbell said this
is the best synopsis that he has seen about what cities are facing as far as security
is concerned, and it would be good for the City Council to read this when they
get a chance.
Councilman Guest asked Mr. Campbell how much he could eliminate out of his
budget. Mr. Campbell stated that what he would like to do is eliminate those
three vacant positions, which would amount to $75,000.00 to $80,000.00.
Councilman Plata asked about the people working over-lapping, like on Monday
you have three, the next day you would have two. Mr. Campbell said the reason
Regular City Council Meeting
June 16, 2003
Page 22
is these people are new hires and they have to be trained, and they fill in when
other people are off sick or out on vacation. Mr. Campbell stressed the need for
continuing training. He said if the city had not had people trained when these
two water leaks came up, Campbell Soup would have lost $400,000.00 worth
of product and that is their figure.
Mayor Fendley moved to the next item on the agenda, receipt of a preliminary
2003-2004 budget for the water and wastewater departments.
City Manager Malone stated that the City Council had been presented the
preliminary 2003-2004 budget for the water and wastewater departments. He
advised that there are actually two documents in this folder. He said it is all
preliminary information and Mr. Anderson has been able to use a program in the
AS400 format to do this. He said the first section contains a preliminary budget
for all departments in the Water and Sewer Fund without including a cost of
living increase. The second section is the same preliminary budget presented
with a 3.43% cost of living, which is what the cost of living was over the past
24 months, and that would give them some indication of the range of what it
would take to give a cost of living raise should the Council require staff to do
so. City Manager Malone pointed out that going through the table of contents,
these pages are numbered on both presentations, so the Council can find the
summary by function, activity and character and object, etc.
City Manager Malone advised that they had reduced personnel within these
departments by four. They have already eliminated one meter reader position
by transferring that person into an open position in Public Works. This was the
result of the fact that the city instituted touch-read metering over the past two
years and they now have the majority of the meters switched out. This process
is much faster and computerized and when they finish their rounds, they swap
out meters.
City Manager Malone said they also eliminated one Maintenance I person in
Water Production, a Maintenance II person in the Lift Station and a Maintenance
I person in Wastewater. City Manager Malone advised that there are line item
Regular City Council Meeting
June 16, 2003
Page 23
reductions throughout these budgets. Some of the summaries are up and some
of them are down. On page 1 of 53 is the Summary of Expenditures by
Functions and Activity Classification, so, you can see over all the budgetary
numbers and how they compare to the 2002-2003 budget. He said there is a
small amount of capital in this budget and there will be a page that will give you
a detail of what that capital expenditure is. This budget has been flat for the last
three years as Mr. Anderson and Mr. Stowe alluded to, but in some cases, they
are down and other cases they are up.
Mayor Fendley stated that the actual expenditure twelve months ago was about
$600,000.00 less than that and wanted to know how this 3.9 million is going to
annualize out. Mr. Anderson said that it should annualize out pretty close to
what the budget number is. He said that one of the things that makes it kind of
an uneven cash flow wise is that the city only make debt payments twice a year
and once in June and once in December and one of those payments, depending
on which bond issue it is, pays principal in December, which distorts the
number in total until those payments have been made. City Manager Malone
said that the administrative fee is also normally done at the end of the year. Mr.
Anderson explained that they normally transfer the sanitation fee collection once
or twice a year, which is a matter of convenience. That money is billed on the
water bill and collected in the Water and Sewer Fund, and then it is transferred
to the General Fund. Mr. Anderson advised that he brought that up to date in
May and he will probably transfer whatever is accumulated since then.
Councilman Bell stated that the department head requested $7,786,057.00. Mr.
Anderson advised that is all the Water and Sewer related departments, which
would include, not only Mr. Campbell's departments, but two departments that
Terry Townsend has. Mr. Townsend's departments maintain water and sewer
lines, and it also includes the two departments that he has that are water- related
which is the Warehouse and Water Billing and Collection Department. City
Manager Malone advised that the Department Heads make all their requests
through him. Then Mr. Anderson puts the budget together. Department Heads
do not do any calculations on the salary and payroll.
Regular City Council Meeting
June 16, 2003
Page 24
Councilman Bell said Mr. Campbell mentioned cutting personnel and Mr.
Malone also mentioned personnel that he had already cut. City Manager
Malone advised that the one that he cut was in Mr. Anderson's Water Billing
and Collection Department. He said they had planned all along that they would
have a retirement to take that spot, but there was an opening in Public Works so,
they took the opportunity to move a person to the Water Distribution
Department. Mr. Malone said that in the past he was trying to get these rates
before the Council on an annual basis, but over the past couple of years they
have had concerns about whether they needed to fill these positions until they get
this rate presented. He said that he had been keeping these positions open. He
said that, in effect, the city has had the savings from these positions not being
filled. He said he was willing to go ahead and eliminate these three positions,
but they may be placed back in the budget if more mandates or more
requirements are placed on our people that require more effort. He said that all
of our people are being trained by the department. We have not been able to
hire anyone that is already trained.
The City Manager advised that when people are hired they cannot go out and
operate the plant. So if we lose people through retirement, illness or they take
another job the city is going to be in a bind if we do not have some people
already trained. This is a short term, stop gap solution. Mr. Anderson said that
in the 17 or 18 years he has been with the city he can count on one hand the
number of new employees that already had a certificate. Normally, you have to
train them from within. City Manager Malone said that even if they are trained
they still have to learn how to operate our plants which are more complicated
that plants found in the other cities we have discussed.
Mayor Fendley advised that the Council had moved off of Agenda Item 3A,
privatization of water and sewer facilities, in order to receive historical
information and if the Council wishes to move back up to Agenda No. 3A and
discuss that item or they could leave it be. He asked what the pleasure of the
Council was.
Regular City Council Meeting
June 16, 2003
Page 25
Councilman Plata said he would like to see the request for proposals for the
Water and Wastewater Treatment Plants and all of the others, Water Billing,
Water Distribution, but not Lift Station. Mayor Fendley stated that it might be
something the Council would want to look at, but at this time the Council
needed to address the rate issue and we have budgeting coming up, it may be
something that they could look at in 90 days. Councilman Plata said he was not
recommending holding it up, but he would like to see the proposals.
Mayor Fendley suggested that this be placed on the September agenda.
After discussion, a motion was made by Mayor Pro Tem McCarthy, seconded
by Councilman Weekly, to place this back on the agenda in 90 days
(September). The motion carried 6 ayes, 1 nay, Councilman Plata voting no.
Mayor Fendley advised that the next item was a resolution accepting the findings
of a Water and Sewer Rate Study performed by Reed, Stowe & Yanke, Inc., and
authorizing the implementation of said rates for certain contracted water
customers, and he needed a motion to bring this from the table.
A motion was made by Councilman Weekly, seconded by Councilwoman
Neeley, to bring the above item from the table. The motion carried 7 ayes, 0
nays.
City Attorney Schenk informed the Council that the item that they previously
had was for all contracted customers and they have removed Campbell Soup
from this listing and that would be intending bring back to the City Council a
new contract with Campbell Soup.
Resolution No. 2003-108, accepting the findings of the Water and Sewer Rate
Study performed by Reed, Stowe, Yanke, Inc.; authorizing the implementation
of said rates for certain contracted water customers, was presented. A motion
was made by Councilwoman Neeley, seconded by Mayor Pro Tem McCarthy,
for approval of the resolution. The motion carried 7 ayes, 0 nays.
Regular City Council Meeting
June 16, 2003
Page 26
Resolution No. 2003-109, awarding the bid for construction of a restroom,
restroom/concession building, gateway building, and entry sign (masonry,
building, plumbing, electrical, and roofing) as part of the overall completion of
Phase I of the Paris Sports Complex project to the GEAUX Corporation of
Tyler, Texas, in the amount of $211,358.00, was presented.
Terry Townsend, Director of Public Works, came forward advising the City
Council that this is the third time this has been put out for bids. He said the first
time no bids were received for Contract 5; the second time two bids were
received and rejected due to the high cost; and the third time the total bid
dropped $133,554.00, which does fall with in their project scope. In this case
they actually made some of the issues to make sure they could fall within their
scope as added alternatives and the entire thing still came in under their budget.
A motion was made by Councilman Bell, seconded by Councilman Weekly, for
approval of the resolution. The motion carried 7 ayes, 0 nays.
Mayor Fendley announced that the next item on the agenda, awarding the bid
and authorizing the execution of a contract for the furnishing and delivery of
labor, materials, and equipment and for performing all work required for
grounds maintenance (mowing) on City of Paris parks and facilities, had been
tabled and a motion was needed to bring this item from the table. A motion was
made by Mayor Pro Tem McCarthy, seconded by Councilman Weekly, to bring
the this item from the table. The motion carried 7 ayes, 0 nays.
Mayor Fendley said that the two bidders for this service, Mr. Good and Mr.
Glover, were both present and he asked Mr. Townsend to address this matter.
Mr. Townsend advised that at the last meeting, it was asked that this item be
tabled based on the fact that the low bidder was not present and they did not
have any direct information from him. Mr. Townsend said he did ask him to
attend with his information.
Jackie Good with Good Tree Service was present to talk about his bid. Mr.
Regular City Council Meeting
June 16, 2003
Page 27
Good advised that he is a contractor with the State of Texas and he has a bid on
getting bonded for his work and he knows how important it is just to bid the
amount that you can do. Mr. Good said he that he can have under $300,000.00
worth of contracts bid at all times with the State of Texas. He advised that he
only has one contract with the State because he wants to do his job and do it
right. He said this is a family owned and operated business and they do all of
their work themselves.
Steve Glover came forward and read the bid specs that were sent to him before
he bid on this job. Item No. 4 said bidders must have a minimum of three years
experience in commercial grounds maintenance operations. He said that for
Item No 5, Bidders should include a list of references for whom they have
performed grounds maintenance during the past three years. Mr. Glover said he
provided that information to the city last week. He referred to Item No. 6,
Bidders must currently own or operate a landscape company at the time of bid
and have equipment capable of performing the work required (no exceptions.)
The City of Paris reserves the right to reject any or all bids, to waive any
informality in bidding, and to award the bid as may be advantageous to the city.
Mr. Glover said on September 17, 2002, the city did award the bid for grounds
maintenance to Mr. Jack Ray Barton. On that date Mr. Barton did not have the
equipment nor the experience needed to be awarded that contract. As a result
of this, Mr. Barton was notified by a letter from the City's Director of Public
Works dated April 17, 2003, exactly seven months later into the five-year
contract that the city was terminating the contract for failure to perform the
services required under the terms and conditions of the agreement. Mr. Glover
said, as they are aware, he is not the lowest bidder; however, his bid is only
$47.50 per year higher than the lowest. Mr. Glover requested that the City
Council honestly and sincerely review his and Mr. Good's experience,
background, and equipment carefully in order to assure this process will not be
taking place again.
Resolution No. 2003-110, awarding the bid and authorizing the execution of a
contract for the furnishing and delivery of labor, materials, and equipment and
Regular City Council Meeting
June 16, 2003
Page 28
for performing all work required for grounds maintenance (mowing) on City of
Paris Parks and Facilities to Good Tree Service in the amount of $38,000.00,
was presented.
After discussion, a motion was made by Councilman Weekly, seconded by
Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 1
nay, Councilman Bell voting no.
Mayor Neeley advised that Agenda Item No. 4D, a resolution approving the sale
of tax delinquent property described as Lot 6, City Block 355, being number
2015, Loop 286 N.W., had been tabled and a motion was needed to bring it
from the table.
Councilwoman Neeley asked to be excused from the meeting due to a conflict
of interest.
A motion was made by Councilman Bell, seconded by Councilman Weekly, to
excuse Councilwoman Neeley and to bring the above item from the table. The
motion carried 6 ayes, 0 nays.
City Attorney Schenk advised that the instruction they had was to check and see
if there was a bid from the Girl Scouts and in the packet of material were
resolutions to award the sale of the property to the original bidder or to award
that sale to the Girls Scouts.
A motion was made by Mayor Pro Tem McCarthy to have the resolution for Mr.
Roberts read. The motion was seconded by Councilman Guest and carried 7
ayes, 0 nays.
Resolution No. 2003-111, approving the sale of tax delinquent property
described as Lot 6, City Block 355 being number 2015 Lop 286 N.W. to H. B.
Roberts, was presented. A motion was made by Councilman Guest, seconded
by Councilman Weekly, for approval of the resolution. The motion carried 6
ayes, 0 nays.
Regular City Council Meeting
June 16, 2003
Page 29
A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman
Weekly, to allow Councilman Neeley to return to the council meeting. The
motion carried 6 ayes, 0 nays.
Resolution No. 2003-112, reappointing Patrick Brown and Ward Hall to serve
as alternate members of the Building and Standards Commission of the City of
Paris for terms of two (2) years, beginning July 1, 2003 and ending June 30,
2005, was presented. A motion was made by Councilwoman Neeley, seconded
by Mayor Pro Tem McCarthy, for approval of the resolution. The motion
carried 7 ayes, 0 nays.
Agenda Item No. 4.F, appointing members to the Board of Adjustment and
Agenda Item No. 4G were left on the table.
Mayor Fendley advised that Agenda Item No. 5.A, an ordinance amending the
Code of Ordinances of the City of Paris by revising subsections (b) and (c) of
Section 34-22 thereof to establish water rates for residential, commercial, and
industrial customers that are based upon the cost to serve each class, and
revising subsections (a), (b), and (c) of Section 34-23 to establish a sewer
service rate for City water customers, had been tabled and a motion is needed
to bring it from the table.
A motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman
Neeley, to bring the above item from the table. The motion carried 7 ayes, 0
nays.
ORDINANCE NO. 2003-024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY
OF PARIS, BE AMENDED BY REVISING SUBSECTIONS (b) AND (c) OF
SECTION 34-22 OF SAID CODE TO ESTABLISH WATER RATES FOR
RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS THAT
ARE BASED UPON THE COST TO SERVE EACH CLASS; BY REVISING
Regular City Council Meeting
June 16, 2003
Page 30
SUBSECTIONS (a), (b), AND (c) OF SECTION 34-23 TO ESTABLISH A
SEWER SERVICE RATE FOR CITY WATER CUSTOMERS; PROVIDING
FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING FOR AN EFFECTIVE DATE, WAS PRESENTED.
A motion was made by Councilwoman Neeley, seconded by Councilman Guest,
for adoption of the ordinance. The motion carried 6 ayes, 1 nay, Councilman
Plata voting no.
ORDINANCE NO. 2002-025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTION XVt, CHANGES AND
VARIATIONS, AS CONTAINED IN ORDINANCE NO. 1315, AS
AMENDED, THE CITY SUBDIVISION ORDINANCE, TO REVISE THE
LANGUAGE IN SUBSECTION (B) THEREOF TO PROVIDE FOR THE
CITY COUNCIL, IN THE EVENT THE PLANNING AND ZONING
COMMISSION HAS FAILED TO APPROVE A REQUEST FOR A
SUSPENSION OR VARIATION FROM ONE OR MORE SUBDIVISION
REGULATIONS, TO GRANT SAID SUSPENSION OR VARIATION UPON
A THREE-FOURTHS (3/4) VOTE OF ALL COUNCIL MEMBERS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE ,WAS PRESENTED.
A motion was made by Councilman Bell, seconded by Councilman Guest, for
adoption of the ordinance. The motion carried 7 ayes, 0 nays.
Mayor Fendley advised the City Council that Agenda Item No. C, an ordinance
granting a variance for the requirements of Section VIII (A), Curb and Gutter,
of the Subdivision Regulations of the City in accordance with Section XVt (B),
Changes and Variations, of the Subdivision Regulations of the City to the
developer on Lots 1-4, Block A. Beezley Estates, had been tabled, and a motion
to bring it from the table was needed.
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June 16, 2003
Page 31
A motion was made by Councilman Bell, seconded by Councilman Guest, to
bring the above item from the table. The motion carried 7 ayes, 0 nays.
ORDINANCE NO. 2003-026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PAIRS, TEXAS, GRANTING A VARIANCE PURSUANT TO SECTION XVI
(B) OF ORDINANCE NO. 1315, THE CITY SUBDIVISION ORDINANCE,
FROM THE REQUIREMENTS OF SECTION VIII (A), CURB AND
GUTTER, OF THE AFORESAID SUBDIVISION ORDINANCE, TO THE
OWNER OR OWNERS OF CITY BLOCK 317, BLOCK A, LOTS 1-4;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE WAS PRESENTED.
A motion was made by Councilman Bell, seconded by Councilman Guest, for
adoption of the ordinance. The motion carried 7 ayes, 0 nays.
ORDINANCE NO. 2003-027
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTION X OF ORDINANCE NO. 1315, THE
CITY SUBDIVISION ORDINANCE, TO PROVIDE A PROCESS FOR CITY
PARTICIPATION IN THE EXTENSION OR ALTERNATE SEWER
COLLECTORS FOR EXISTING STRUCTURES LOCATED IN HISTORIC
DISTRICTS; PROVIDING FOR A COST SHARING WITH OWNERS OF
STRUCTURES BENEFITTED FROM SAID SEWER LINE EXTENSION;
AUTHORIZING A CONTRACT ESTABLISHING AN ASSESSMENT AND
MEANS OF PAYING SAID COSTS OVER TIME; AUTHORIZING THE
COLLECTION OF SAID ASSESSMENTS WITH REGULAR MONTHLY
SEWER AND WATER BILLS; PROVIDING FOR A CONTRACTUAL LIEN;
PROVIDING FOR COLLECTION OF SAID LIEN; PROVIDING FOR
WITHHOLDING OF WATER AND SEWER SERVICE FOR NON-
PAYMENT OF ASSESSMENT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AMD DECLARING AN
EFFECTIVE DATE, WAS PRESENTED.
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June 16, 2003
Page 32
A motion was made by Councilman Guest, seconded by Councilman Weekly,
for adoption of the ordinance. The motion carried 7 ayes, 0 nays.
A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman
Weekly, for approval of the Preliminary Plat of Lots 1-4, Block A, Beezley
Estates, being located in the 2200 Block of 36th Street N.E. subject to the
requirements of the City Engineer. The motion carried 7 ayes, 0 nays.
There being no further business, the meeting was adjourned.
CURTIS FENDLEY, MAYOR
ATTEST:
MATTIE CUNNINGHAM, CITY CLERK