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The Plainview City Council met on July 28, 2009 at 7:00 p.m. in the City Council
Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting
was posted in City Hall at 5:10 p.m. on July 24, 2009. Mayor John C. Anderson
presided. Councilmembers present were: Kelvin Tipton-District 1, Cathy Waggoner-
District 2, Belinda Pena-District 3, John N. Bertsch-District 4, Wendell Dunlap-District 6
and Roland Nash-District 7. Councilmember Ron Trusler-District 5 was absent.
Staff members present were: Greg Ingham-City Manager, Mike Gilliland-Director of
Public Works, Will Mull-Police Chief, Dale Simpson-Director of Civil Service, Eric
Turner-Main Street Manager/CVB Coordinator, Leslie Pearce-City Attorney, Pat
Hernandez-Municipal Court Judge, Paul Jefferson-Code Enforcement Officer and
Belinda Hinojosa-City Secretary.
Guests Present: Chris LeFevre and Brenda Jefferson
News Media Representative: Tommy Young-Plainview Daily Herald
Mayor John C. Anderson delivered the invocation and led in the Pledge of Allegiance.
Greg Ingham, City Manager recognized Judge Pat Hernandez for 25 years of service.
Councilmember Tipton moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote. Items
approved on the consent calendar included the approval of the minutes of July 14, 2009
and July 23, 2009; the granting of an excused absence to Councilmember Ron Trusler
and approval of a Resolution of the City Council of the City of Plainview, Texas
Authorizing the Mayor to Designate Managing Personnel to Sign All Documents
Required by the Consent Decree Effective December 21, 2004.
Greg Ingham, City Manager presented for consideration on first reading Ordinance No.
09-3515, an Ordinance of the City Council of the City of Plainview, Texas, ("City")
Approving a Negotiated Resolution Between the Atmos West Texas Cities Steering
Committee ("Steering Committee") and Atmos Energy Corp., West Texas Division
("Atmos West Texas" or "Company") Regarding the Company's Second Annual Rate
Review Mechanism Filing in all Cities Exercising Original Jurisdiction; Declaring Existing
Rates to be Unreasonable; Requiring the Company to Reimburse Cities' Reasonable
Ratemaking Expenses; Adopting Tariffs that Reflect Rate Adjustments Consistent With
the Negotiated Settlement and Finding the Rates to be Set by the Attached Tariffs to be
Just and Reasonable; Approving Atmos' Proof of Revenues; Adopting a Savings
Clause; Determining That This Ordinance was Passed in Accordance with the
Requirements of the Texas Open Meetings Act; Declaring an Effective Date; and
Requiring Delivery of this Ordinance to the Company and the Steering Committee's
Legal Counsel. He stated the City of Plainview and the other cities in the Atmos West
Texas group are currently in the middle of an experiment with something called a Rate
Review Mechanism (RRM) in lieu of the GRIP (Gas Reliability Infrastructure Program)
or going into a full blown rate case before the Railroad Commission every time Atmos
felt they needed to adjust their rate system. The RRM establishes some basic ranges
or acceptable parameters for requested increases and then Atmos and the Cities try to
negotiate a settlement in an expedited time frame. This is the second of three RRM
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filings that will take place as a result of the settlement a couple of years ago. The cities
questioned certain expenditure requests that Atmos had included and the RRM was
reduced from $15.4 million to $12.23 million and Atmos has agreed to that level of
increase. The overall increase is about 5.6%. Residential bills will increase about
$4.00 a month and commercial bills will increase about $8.90 per month. The Atmos
West Texas Cities Steering Committee recommends approval of this negotiated
settlement.
Councilmember Dunlap moved to Approve Ordinance No. 09-3515 on first reading. The
motion was duly seconded by Councilmember Nash. Mayor Anderson, Councilmember
Waggoner, Pena, Bertsch, Dunlap and Nash voted "for" the motion. Councilmember
Tipton voted "against" the motion. The motion carried.
Mayor Anderson commended the City Manager for his work. He stated the City
Manager is very heavily involved in these rate cases and is one of the key players in the
area.
Mayor Anderson introduced on second reading, Ordinance No. 09-3514, an Ordinance
Granting to Southwestern Public Service Company, its Successors and Assigns, the
Non-Exclusive Right to Use and Occupy Rights-of-Way Within the City of Plainview for
the Construction and Operation of an Electric Transmission and Distribution System;
Prescribing Conditions Governing the Use of the Public Rights-of-Way; Providing for
Compensation Designating an Effective Date and a Term of Said Franchise, Providing
for Written Acceptance of this Franchise; Finding That the Meeting at Which this
Ordinance is Passed is Open to the Public; and Providing for Severability. Since this
was the second of two readings, the Council chose to forego the staff briefing and
asked for public comment. There was no public comment.
Councilmember Pena moved to approve Ordinance No. 09-3514 on second reading.
The motion was duly seconded by Councilmember Tipton and carried by unanimous
vote
Mayor Anderson moved to go into a closed meeting to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of a public officer
or employee, or to hear a complaint or charge against an officer or employee. [Tex.
Gov't. Code Section 551.074]. City Attorney and Director of Community Services. The
motion was duly seconded by Councilmember Nash and carried by unanimous vote.
Mayor Anderson recessed the meeting at 7:21 p.m.
Mayor Anderson called the meeting back in open session at 8:05 p.m.
Mayor Anderson moved to set the City Attorney's salary effective June 1, 2009 at
$90,000. The motion was duly seconded by Councilmember Bertsch and carried by
unanimous vote.
Mayor Anderson announced that no action would be taken regarding the Director of
Community Services.
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There being no further business, Mayor Anderson adjourned the meeting at 8:08 p.m.
Belinda Hinojosa
City Secretary
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