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02-21-1983 (City Council) Agenda Packet Time posted: 4: 15 p.m. Date posted: 2-17-83 t sbh OF 10, G LAKE "f LAVON WYLIE to LAKE RAY HUBBARD AGENDA CALLED COUNCIL MEETING FEBRUARY 21, 1983 6:00 P.M. 1. Call to order; invocation. ± 12,4 (�', ;J 2. Board bus and conduct on-site public hearing on annexation of 3.974 acres out of E.C. Davidson Survey, Abstract 266 �� (west F.M. 544) including Century Ready Mix Company. G 3 w--''' 3. 6:30 p.m. conduct on-site public hearing on annexation of 7.038 acres out of W. D. Penny Survey, Abstract 696 (NQrth Ballard/F.M. 2514, north of Cottonbelt Railroad) . 4& 4. 7:00 p.m. conduct public hearing on request to rezone 36 acres out of 43.401 acre tract of land out of the Richard D. Newman Survey for a mobile home district. ,s5Confirm validity of petition for a referendum for bingo games to be conducted in Wylie under the Bingo Enabling Act. ,'Approve exchange of approximately four acres of park land for four acres of farm land presently owned by Hassie Hunt Estate to be used as park land and authorize the Mayor to execute the contract and deed of exchange with Hunt Properties Incorporated. Reconsider tabled request for a variance to permit construc- tion of a duplex An S ut cond prior to making street improvements. -�-7 X. Consider proposed electrical permit fees. Consider resolution authorizing creation of a volunteer 7( police unit designed to work in cooperation with the Wylie Police Department. Consider retainer of consulting engineer. (This may require an executive session. ) St. Consider authorizing purchase of radio broadcast antenna. 12. Adjourn. 114 NORTH BALLARD P.O.BOX 428,WYUE,TEXAS 75098 PHONE(214)442-2236 AGENDA BRIEF February 21 , 1983 Item no. 2 calls for a 6:00 P.M. on-site public hearing concerning the annexation of 3.974 acres on which is located the new Century Ready Mix Concrete Plant. The Company wishes this land to be brought in to the City and to be zoned industrial so that they may connect to the water system of the City and to have police and fire protection. A new water main will be extended at the expense of Century Ready Mix within the next two to three weeks. A new fire hydrant and temporary water pipe has been extended to give temporary water service. Item no. 3 involves an on-site public hearing to annex 7.038 acres located on the west side of North Ballard (F.M.2514) , and North of Cottonbelt Railroad. The owner has petitioned for annexation and has requested rezoning for single family residence for the three (3) acres adjacent to North Ballard with industrial zoning for the four (4) acres located on the west end of the property. The owner will have his residence on the front three (3) acres and will use the west four (4) acres to store his construction equipment. Item no. 4 involves a public hearing on a request for rezoning thirty-six (36) acres out of the original 43.401 acre tract of land located at the south end of Martinez Lane. The zoning commission cast a tie vote on the request for rezoning this property for a Mobile Home Park at its meeting of January 27th. The current plan and request calls for the thirty-six (36) acres to be rezoned for a Mobile Home Park, with the two hundred (200) foot strip of land adjacent to and South of Alanis Lane to be left as agricultural zoning. Item no. 5 calls for confirmation of the validity of the signatures on a petition for a referendum to legalize bingo in Wylie. The Wylie Volunteer Fire Department Ladies Auxiliary submitted the petition to the City Council at its meeting of February 8th. The City Secretary will confirm that the legal requirments for the calling of the referendum have been met with reference to the petition. Upon confirmation, the Mayor will order the ballot for the April 2nd election to be amended to include the bingo referendum. Item no. 6 deals with an even exchange of approximately four (4) acres of land between the City and Hunt Properties Inc. The forty-one acres (41 ) included in the Wylie Community Park include four (4) acres located to the east of a small creek which runs along the eastern boundary of the Park. If the City is to utilize this four (4) acres, one or more bridges must be built to span that creek. Hunt Properties, on the other hand, owns approximately four (4) acres located adjacent to the Park and on the west side of the creek. A map showing the location of these properties will be exhibited at the Council meeting. The farmer who has leased the Hunt Properties land, had difficulty in reaching the four (4) acre tract of land owned by Hunt Properties, so there has, been a basic agreement reached between Hunt Properties and the City of Wylie to simply exchange the two (2) tracts of land. The benefits would be obvious to the Hunt Properties, and the City would have all of its forty-one (41 ) acreslocated on the west side of the creek. In addition, the City would have a wide drainage easement which will include both banks of the creek and will permit the City of Wylie to maintain the creek as a part of the Park. Agenda Brief Page 2 Item no. 7. At its meeting of February 8th, the City Council received a variance request from a developer to permit a duplex to be built on South Second prior to making street improvements. The matter was tabled to allow the City administration to determine the legal status of the street. If the correct information is available in time for the Council meeting, this item will be discussed; if not, it will be delayed until the meeting of March 8th. Item no. 8. The Wylie Electrical Board has recommended a new fee schedule for issuance of electrical permits. The City Council will consider whether or not to adopt this schedule of fees, and if so, an ordinance to that affect will be adopted. The Electrical Board feels that the new schedule of fees would be more in line with neighboring cities. Item no.9 involves adoption of a resolution autorizing a volunteer police unit to be created within the Wylie Police Department. Membership in the volunteer unit would be limited to those peace officers who have been or who are currently licensed as peace officers of the State of Texas. Members would serve without pay, but would wear uniforms furnished by the City and would be volunteer commissioned police officers. Item no. 10. The consulting engineer, if retained, will review plats and perform other design services. Item no. 11 . A private business man has agreed to sell a 90 ft. tall , free-standing radio transmitting tower to the City at a substantial discount. In addition, he has agreed to pay the City $500. for a permit to install his radio repeater instrument on the tower. The Volunteer Fire Department has agreed to pay the $900. cost out of its funds if the City will reimburse the V.F.D. as funds become available. LSV:cj RESOLUTION WHEREAS, the City of Wylie is a small community with limited resources, yet with constantly increasing demands for services, and WHEREAS, dedicated and civic-minded citizens presently serve as volunteers in many areas of local public service, and WHEREAS, a volunteer police unit would supplement the law enforcement activities of the City of Wylie, while keeping cost increases to a minimum, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the City Manager and the Chief of Police be and they are hereby authorized to recruit and uniform volunteer police officers who have held or presently hold a peace officer's commission with the State of Texas to serve as members of a volunteer unit in the Wylie Police Department. Section 2. That said officers would understand that there would be no remuneration for their services, but that the City would bear the expense of one set of uniforms and accompanying equipment for each volunteer officer; that the City would bond each officer and would carry injury/disability insurance coverage for them while on the job. Section 3. That the City administration organize the volunteer police unit and operate it in accordance with the guidelines contained in a memo from Chief Abbott to the City Manager dated February 2, 1983. Section 4. That the sum of $1,500, to cover the cost of uniforms and insurance premiums for volunteer policemen be appropriated out of the general fund for use during the remainder of fiscal year 1983. Section 5. That certified copies of this resolution be furnished appropriate officials. DULY RESOLVED ON THIS, THE TWENTY-FIRST DAY OF FEBRUARY, A.D. 1983. Robert B. Squires, Mayor ATTEST: Gail Wallace, City Secretary February 18, 1983 TO: Mayor and City Council City of Wylie, Texas I , Gail Wallace, City Secretary of the City of Wylie, Texas do hereby certify that 123 signatures appearing on the petition presented to you on February 8, 1983 requesting an election be held to legalize bingo games are declared valid. This number represents an excess of the 10% required to call the election. :////4a!,/ ,/ • 11 ace. City Secretary City of Wylie, Texas MEMORANDUM FROM: Larry Allen, Fire Chief TO: Lee S. Vickers, City Manager DATE: February 18, 1983 SUBJECT: Radio Tower In regards to the radio tower that was discussed some weeks ago, Ken's Communication has advised that for the same price as the 60 foot tower he would furnish us with another 30 feet for the same price, if the City would give him written agreement to place his repeater system on the tower. This would help him, as well as greatly increase radio communication for the Fire Department and Police Department. Myself and Chief Abbott are in agreement with this arrangement. The Firemen will erect the tower with the use of some City equipment. LKA:gw FFB 'I'Y OF' WYLIIC 3R£Co C I 114 N. BALLARD ST. - P.O. BOX 428 WYLIE, TEXAS 75098-0428 • MEMORANDUM N\ 2 February 1983 TO: Lee S. Vickers, City Manager FROM: R. D. Abbott, Chief of Police RE: Volunteer Unit I submit this proposal to you per our previous conversations regarding this subject, to request approval of this proposition to supplement the police force for the City by forming a volunteer police unit. As we have discussed earlier, I have checked with Loyd Mathews of the Texas Commission on Law Enforcement Officer Standards and Education, and he has advised that a volunteer unit, unlike a reserve unit, may be used by the cities, and does not have to be "established" by City Ordinance or ' resolution. He does recommend, however, that the unit have the approval of the City Council and/or City Manager--in writing--and 1 heartily agree! The officers which I plan to authorize would be only those who are full fledged peace officers--that is , they would all have (at one time or another) held a peace officer' s commission with the State, and now, for whatever reason , are no longer in law enforcement (but still could be, as far as the Commission is concerned) . They would be licensed State of Texas Peace Offi - cers. They would only be commissioned by the Wylie Police Department-- that means that they could only work in law enforcement for the City of Wylie; they could not, for example, for for the Sheriff' s Office during the day as a deputy and work for Wylie P.D. at night as a patrolman. There, according to the Commission , is no limit to the number of officers that could be assigned to work for us on a volunteer basis. I would con- sider a maximum volunteer unit of ten at this time. They would all be commissioned as regular officers , and they would be scheduled to work by the Chief of Police, in whatever capacity they are needed. Memorandum-Volunteer Police Unit 24 January 1983 Page Two These officers would not be "on duty" unless authorized to be so. I plan to have these officers fill in for our existing paid personnel force when they are out due to illness , injury , vacation , etc. , and the officer may be assigned to work as dispatcher--not only as a back-up patrolman. A very real possibility would be to have these officers assist when we have any type of emergency situation--natural disaster , etc. , giving us additional manpower when necessary. These officers would understand before being accepted into the unit that there would be no remuneration for their services. The City would have to bear the expense of supplying each officer with one set of uniforms and the accompanying equipment. In my estimation , this would run approxi- mately $220.00 per officer ( I have included a 10% increase over the cost of items purchased in 1982) . The City would have to bond these officers and also carry insurance on them--as far as injury/disability due to an on-the-job accident , etc. The only other direct expense would possibly be an increase in fuel usage-- probably up to a 25% increase, and automotive maintenance would probably also increase slightly. Of course, any officer accepted into the volunteer unit will be subject to all Wylie Police Department regulations. Additionally, when the volunteer officer is on duty with a regular full -time officer , the regular officer will be the officer-in-charge. Please let me have your thoughts on this. R. D. Abbott Chief of Police RDA:ejg CITY 0 P' WYLI� 3R�CPea 114 N. BALLARD ST. - P.O. BOX 428 WYLIE, TEXAS 75098-0428 MEMORANDUM 2 February 1983 TO: Lee S. Vickers, City Manager FROM: R. D. Abbott, Chief of Police RE: Volunteer Unit I submit this proposal to you per our previous conversations regarding this subject, to request approval of this proposition to supplement the police force for the City by forming a volunteer police unit. As we have discussed earlier, I have checked with Loyd Mathews of the Texas Commission on Law Enforcement Officer Standards and Education , and he has advised that a volunteer unit, unlike a reserve unit, may be used by the cities, and does not have to be "established" by City Ordinance or resolution. He does recommend, however, that the unit have the approval of the City Council and/or City Manager--in writing--and I heartily agree! The officers which I plan to authorize would be only those who are full fledged peace officers--that is, they would all have (at one time or another) held a peace officer 's commission with the State, and now, for whatever reason , are no longer in law enforcement (but still could be, as far as the Commission is concerned) . They would be licensed State of Texas Peace Offi - cers. They would only be commissioned by the Wylie Police Department- that means that they could only work in law enforcement for the City of Wylie; they could not, for example, for for the Sheriff's Office during the day as a deputy and work for Wylie P.D. at night as a patrolman. There, according to the Commission , is no limit to the, number of officers that could be assigned to work for us on a volunteer basis. I would con- sider a maximum volunteer unit of ten at this time. They would all be commissioned as regular officers , and they would be scheduled to work by the Chief of Police, in whatever capacity they are needed. J Memorandum-Volunteer Police Unit 24 January 1983 Page Two These officers would not be "on duty" unless authorized to be so. I plan to have these officers fill in for our existing paid personnel force when they are out due to illness , injury , vacation , etc. , and the officer may be assigned to work as dispatcher--not only as a back-up patrolman. A very real possibility would be to have these officers assist when we have any type of emergency situation--natural disaster , etc. , giving us additional manpower when necessary. These officers would understand before being accepted into the unit that there would be no remuneration for their services. The City would have to bear the expense of supplying each officer with one set of uniforms and the accompanying equipment. In my estimation , this would run approxi- mately $220.00 per officer ( I have included a 10% increase over the cost of items purchased in 1982) . The City would have to bond these officers and also carry insurance on them--as far as injury/disability due to an on-the-job accident , etc. The only other direct expense would possibly be an increase in fuel usage-- probably up to a 25% increase, and automotive maintenance would probably also increase slightly. Of course, any officer accepted into the volunteer unit will be subject to all Wylie Police Department regulations. Additionally, when the volunteer officer is on duty with a regular full-time officer, the regular officer will be the officer-in-charge. Please let me have your thoughts on this. R. D. Abbott Chief of Police RDA:ejg 1 a l r) .4 /7 ---��— TML .LEGLSLATIVEREPORT :- ' ''''-1114 . , ii,,----6,.-....`i ' ; '-Published By The Texas Municipal League --ir . h=,sap j ,61020 Southwest Tower . *Austin,=Texas,78701 15121478-6601 February 18, 1983 Volume 29, No. 3 1. Pothole Bill Gains Momentum The 600+ city officials attending TML's February 14 Legislative Seminar in Austin provided a boost to the League's highest '83 priority--passage of the "Pothole Bill." Seminar participants visited with their local legislators at the Capitol and succeeded in developing broad support for the legislation, which would create a state-funded program to help fix deterioriating city streets and bridges. With the introduction of S.B. 287 by Senator John Traeger (D- 4 74.`r Seguin) and H.B. 632 by Representative David Cain (D-Dallas), F , TML now has companion bills in both the Senate and the House. 1,, , f 4 ("Companion bills" are simply identical measures which can be moved simultaneously through both houses of the Legislature.) if 'r " Under S.B. 287/H.B. 632, the "Pothole Bill," $500 million/year in ` additional spending would be provided to the Texas Highway Traeger Department for repairs and improvements to the state highway sys- tem. The measure also would appropriate $100 million/year for city street repairs, with funding distributed on a pro rata basis / f according to the number of paved street miles in each city. (See f - fill February 4 "TML Legislative Report" for full details.) Enclosed with this newsletter is a tally sheet which shows the ' level of legislator support for S.B. 287/H.B. 632 to date. If no ' . position is shown for your Senator or Representative, it is be- I cause he or she has not yet been contacted about the Pothole Cain Bill. If this is the case, please contact your legislators im- mediately, stress the importance of the Pothole Bill, and then use the at- tached questionnaire form to report your findings to the TML office. 2. Utilities Mount "Anti-reform" Campaign The electric utility industry has launched intensive 'grass-roots' efforts to undermine proposals by TML and other organizations to reform the state utility regulatory law. (See related news article, attached.) The companies' goal is to do everything possible to block the Legislature from making much-needed changes in the Public Utility Regulatory Act. The companies have contacted tens of thousands of their stockholders and em- ployees, as well as numerous city councils and chambers of commerce, telling them to urge their senators and representatives to vote against legislative 'quick fixes' that would threaten the financial solvency of the utility industry. Additionally, some utility lobbyists have warned municipal offi- cials that utility reform proposals backed by TML are 'irresponsible, ' and should be opposed by the cities. These maneuvers are consistent with divide- . and-conquer techniques the companies unsuccessfully used during previous legislative sessions in their attempts •to weaken the regulatory process by revoking the cities' original jurisdiction over electric rates. In reality, the TML reform package is anything but 'irresponsible. ' Among other things, it would require thorough scrutiny of fuel pass-throughs by the PUC; place realistic limitations on allowances for construction-work-in- progress; create an independent Office of Public Counsel to serve as watchdog over the PUC; and strengthen the hand of the cities in the regulatory process. Of all of the many utility-reform proposals currently pending in the Legisla- ture, the TML plan is among the most moderate. Therefore, it is unclear as to what the companies hope to gain by criticizing the League's plan, since the alternatives would be much worse, from their perspective. Any city council considering taking the companies' side in this controversy should be advised that some utility lobbyists have let it be known that they will push legislation to put city utilities under the jurisdiction of the PUC. The purpose of this retaliatory gambit apparently would be to divert TML's attention away from the real issues, and require us to focus our efforts on keeping city utilities from being placed under the PUC. 3. Analyses of City-Related Bills Enclosed with this newsletter is a summary of city-related bills introduced to date. Future editions will cover related legislation in the weeks ahead. Utilities cultivate grass•roots support to head off reform By Jackie Calmes representatives'visits to local edi- rate cases. The league's package Austin Bureau of The News tors. "We went out and got 'em," also calls for a consumer advocate AUSTIN—With electric comps- Cory said. at the PUC,but not for election of ri +nder siege in the state capi• Sen. Kent Caperton, D-Bryan, the commissioners—as Gov.Mark �d their representatives are seek- sponsor of a wide-ranging utility- White and other legislators pro- ing grassroots support from civic reform bill,said Houston Lighting ps. groups,stockholders and editorial & Power Co. has sought support "Our city officials indicate they boards to hold off utility reform. from officials in at least two coun- are getting a lot of lobbying,"But. It was at a Tuesday meeting of ties in his district.Officials in one ler said. one civic group,the Downtown Ro- city,Sealy,were persuaded to pass a Dick Brown,the league lobbyist, tary Club in Austin, that George resolution in opposition to"quick• said utility representatives want Cowden announced his resignation fix"reforms. the league to help defeat proposals and the resignation of Tommie Other legislators say their of- to elect the PUC. Gene Smith from the embattled 3 fices have received letters from But Brown said the league has membet Public Utility Commis- utility company employees and turned the utility representatives'- sion. The Rotarians were suppor. stockholders. offers.Although city officials have tive.And so are other local busi- "The companies are mounting a taken no public stand on PDC elec- ness groups that receive the pro- very agressive campaign,lobbying lions,they refuse to quietly oppose utility and pro-PUC pitch,company the chambers of commerce, civic the proposal in order to gain con- spokesmen say. clubs,you name it,"said Austin at- cessions from the utility lobby.In "Chamber of Commerce-typetorney Don Butler,a frequent util- hat itycritic."They'recallingJon League president Luther people ought to recognize thaty' in all of Jones. we've got to have more stability for their chits — and those are sub- Supporters of PUC elections ri- our utilities to really bring more stantial given their stature in localP communities." vately say the reform measure has industry into this state," said T. little chance of passing the Legisla- Louis Austin, board chairman of Butler, who represents the. lure,but the utility lobby is taking Dallas-based Texas Utilities Co. Texas Municipal League on utility "That is what we're saying, and matters,said-the firms are engag- no chances and is gearing up to kill we're getting a pretty good re- ing is"a divide-and-conquer"strat- it. sponse.' egy designed to persuade city offi- Dick Cory, Austin lobbyist for cials not to support the municipal three Texas electric companies league's reform package. owned by Central and Southwest The league proposes to abolish Dallas Morning News Corp.,says"35 to 40"recent news- all automatic charges,particularly 2/17/8 3 paper editorials have supported for fuel,on ratepayers'bills.Such utilities. Many of the editorials, an action would require utilities to Cory said,were the result of utility justify such costs in their regular I f--- I r/IiYT^Yii1'�T^�-, 1111111 , 141MLLE61S1A11VE :REPORTJ Published By The Texas Municipal League 7, .ri,,,,;,a,v �/ 41020 Southwest Tower Cl *Austin,Texas"78701 (5121 478-6601 1 5 February 18, 1983 Volume 29, No. 3 1. Pothole Bill Gains Momentum The 600+ city officials attending TML's February 14 Legislative Seminar in Austin provided a boost to the League's highest '83 priority--passage of the "Pothole Bill." Seminar participants visited with their local legislators at the Capitol and succeeded in developing broad support for the legislation, which would create a state-funded program to help fix deterioriating city streets and bridges. With the introduction of S.B. 287 by Senator John Traeger (D- ile1. Seguin) and H.B. 632 by Representative David Cain (D-Dallas), TML now has companion bills in both the Senate and the House. - it- ("Companion bills" are simply identical measures which can be moved simultaneouslythrough both houses of the Legislature.) , g pr,, . _ Under S.B. 287/H.B. 632, the "Pothole Bill, " " $500 million/year in ( .-4. additional spending would be provided to the Texas Highway Traeger Department for repairs and improvements to the state highway sys- tem. The measure also would appropriate $100 million/year for city street repairs, with funding distributed on a pro rata basis t / according to the number of paved street miles in each city. (See '- February 4 "TML Legislative Report" for full details.) , - Enclosed with this newsletter is a tally sheet which shows the R level of legislator support for S.B. 287/H.B. 632 to date. If no ' position is shown for your Senator or Representative, it is be- \ cause he or she has not yet been contacted about the Pothole Cain Bill. If this is the case, please contact your legislators im- mediately, stress the importance of the Pothole Bill, and then use the at- tached questionnaire form to report your findings to the TML office. 2. Utilities Mount "Anti-reform" Campaign The electric utility industry has launched intensive 'grass-roots' efforts to undermine proposals by TML and other organizations to reform the state utility regulatory law. (See related news article, attached.) The companies' goal is to do everything possible to block the Legislature from making much-needed changes in the Public Utility Regulatory Act. The companies have contacted tens of thousands of their stockholders and em- ployees, as well as numerous city councils and chambers of commerce, telling them to urge their senators and representatives to vote against legislative 'quick fixes' that would threaten the financial solvency of the utility industry. Additionally, some utility lobbyists have warned municipal offi- cials that utility reform proposals backed by TML are 'irresponsible, ' and should be opposed by the cities. These maneuvers are consistent with divide-, and-conquer techniques the companies unsuccessfully used during previous legislative sessions in their attempts • to weaken the regulatory process by revoking the cities' original jurisdiction over electric rates. In reality, the TML reform package is anything but 'irresponsible. ' Among other things, it would require thorough scrutiny of fuel pass-throughs by the PUC; place realistic limitations on allowances for construction-work-in- progress; create an independent Office of Public Counsel to serve as watchdog over the PUC; and strengthen the hand of the cities in the regulatory process. Of all of the many utility-reform proposals currently pending in the Legisla- ture, the TML plan is among the most moderate. Therefore, it is unclear as to what the companies hope to gain by criticizing the League's plan, since the alternatives would be much worse, from their perspective. Any city council considering taking the companies ' side in this controversy should be advised that some utility lobbyists have let it be known that they will push legislation to put city utilities under the jurisdiction of the PUC. The purpose of this retaliatory gambit apparently would be to divert TML's attention away from the real issues, and require us to focus our efforts on keeping city utilities from being placed under the PUC. 3. Analyses of City-Related Bills Enclosed with this newsletter is a summary of city-related bills introduced to date. Future editions will cover related legislation in the weeks ahead. Utilities cultivate grass-roots support to head off reform By Jackie Calmes representatives'visits to local edi- rate cases. The league's package Austin Bureau of The News tots. "We went out and got 'em," also calls for a consumer advocate AUSTIN—With electric comps- Cory said. at the PUC,but not for election of r; order siege in the state capi- Sen. Kent Caperton, D•Bryan, the commissioners—as Gov.Mark wl,their representatives are seek- , sponsor of a wide-ranging utility- White and other legislators pro- ing grass-roots support from civic reform bill,said Houston Lighting pose. groups,stockholders and editorial & Power Co. has sought support "Our city officials indicate they boards to hold off utility reform. from officials in at least two coun- are getting a lot of lobbying,"But. It was at a Tuesday meeting of ties in his district.Officials in one ler said. one civic group,the Downtown Ro- city,Sealy,were persuaded to pass a Dick Brown,the league lobbyist, tary Club in Austin, that George resolution in opposition to"quick- said utility representatives want Cowden announced his resignation fix"reforms. the league to help defeat proposals and the resignation of Tommie Other legislators say their of- to elect the PUC. Gene Smith from the embattled 3 fices have received letters from But Brown said the league has member Public Utility Commis- utility company employees and turned the utility representatives' sion. The Rotarians were suppor- stockholders. offers.Although city officials have tive. And so are other local busi- "The companies are mounting a taken no public stand on PVC elec- ness groups that receive the pro- very agressive campaign,lobbying tions,they refuse to quietly oppose utility and pro-PUC pitch,company the chambers of commerce, civic the proposal in order to gain con- spokesmen say. clubs,you name it,"said Austin at- cessions from the utility lobby.In "Chamber of Commerce-typetorney Don Butler,a frequent util- fact, League president Luther people ought to recognize tat ity critic."They're calling in all of fact, League president Luther Jones. we've got to have more stability for their chits — and those are sub- Supporters of PUC electionsri- our utilities to really bring more stantial given their stature in local pp°rters P industry into this state," said T. communities." vately say the reform measure has Louis Austin, board chairman of Butler, who represents the little chance of passing the Legiila Dallas-based Texas Utilities Co. Texas Municipal League on utility tore,but the utility lobby is taking "That is what we're saying, and matters,said the firms are engag- no chances and is gearing up to kill in"a divide-and-conquer"strat- it. we're getting a pretty good re- ing 4 � .•• egy designed to persuade city offi- Dick Cory, Austin lobbyist for ciais not to support the municipal three Texas electric companies league's reform package. owned by Central and Southwest The league proposes to abolish Dallas Morning News -Corp.,says"35 to 40"recent news- all automatic charges,particularly 2/17/8 3 paper editorials have supported for fuel,on ratepayers'bills.Such utilities. Many of the editorials, an action would require utilities to Cory said,were the result of utility justify such costs in their regular 4. . TEXAS MUNICIPAL LEAGUE r7 fZ7 "; 1020 Southwest Tower Austin, Texas 78701 (512) 478-6601 February 18 , 1983 TO: All Cities Served by General Telephone Company RE: Rate Increase On February 11 , 1983 , General Telephone filed an application for a system-wide rate increase in the amount of $85.4 million per annum. A meeting of interested cities has been set for Friday, February 25 , 1983 at 10 :00 a.m. in the 7th floor Conference Room, Southwest Tower (TML Building) , 7th and Brazos, Austin, Texas. If at all possible some representative from your City should plan to attend this meeting. At the meeting there will be a discussion of action to be taken in the pending case, status of the Company' s appeals to the courts, status of the Company' s additional revenues from its toll settlements case with Southwestern Bell and a financial report from the last case. A prehearing conference has been set at the P.U.C. for Friday, February 25 , 1983 at 9:00 a.m. Interventions must be filed by Friday, February 22 , 1983. You are encouraged to file separate interventions, even if tardy, to preserve your City' s particular interests. To keep your options open, TML has filed a blanket intervention for all its Member Cities. Please forward this information to your governing body and all other interested officials. 1 r / J GTE—From Page One _- _ -- • for second-rate service." •• from $7.90 to $11.90 for residential The PUC lifted the $4 million Langley said the red in- customers and from $20.95 to $31.50 crease was prompted 1,1 diminishingpenalty last year. General Tele- phone._ said its service improved for business customers company earnings caused by re- The optional measured service, Dallas Times Herald rebruary 1.duced long disrance service and gov- which is scheduled to begin in late 'aliment regulations. The fall in after the penalty was issued. but a 1983,would be available in the Dal- earnings has threatened General poll conducted by one Texas mayor las suburbs of Plano, Irving. Car- GTE requests '. Telephone's bond rating,he said. indicated that only 15 of 99 city of- rollton, Garland, Grapevine. A.le, .�=He blamed the national recession Wale she contacted reported an lm- Keller, Lewisville, Rowlett and •and competition from discount long- provenient in their telephone see- Wylie. $85 . 5 million distance service for slashing corn- vice since the PUC took its action. parry profits. Despite moves to cut Because of the phone company's The basic monthly measured ser- vice coats. the company's record. Jtat;Boyle. legislative direr- vice would cost $10.15 for residen- fits have "continued to slide." for of the Texas Consumer Assad- tial service. with callers being billed increase at least 2.5 cents for the first mwute rate �Y�� atloic, said his group would oppose "We have made efforts to reduce the rate hike and the measured ser- of a call and at least 1.5 cents for and control magi. We have reduced vice requests., each additional minute. Discount ByRICHARD S. DCTNHAM our work force by over 700 equiv. "The (Texas) Consumer Associ- rates would apply after 11 p.m. on slant employee*"he said."We have anon looks with great skepticism on weekntghts and all day on Austin Bureau just reached the point where we the tremendous increase being re- weekends. . could not reduce costs any more quested by General Telephone in "I think measured service would AUSTIN — General Telephone Co. of the without a substantial effect on cur- light of their record of inadequate be far fairer in the long run because Southwest Friday asked the Public Utility Corn- tomer service. We had it choice of and poor service and poor manute- people who use the service more mission for an$85.5 million rate increase,a nwve either reducing modernization or nance in their service area." would pay more," said Langley. that would boost residential phone bills in some raise rates and increase the revenue General Telephone serves 800,000 "This would allow customers who Dallas suburbs by more than 24 percent and in ... As distasteful as raising rated is, Texas custot}iers,including residents I use the telephone less to control some areas by more than 50 percent. we•prefer this rather than reducing of the Plano. Irving, Garland. Car- their cysts." The request. if panted by the utility cone- these programs which our customers roUton, Lewisville. Those customers mission. would raise monthly residential rates in have told us they expect" would see their basic rates go from Dallas suburbs served by the company by $4 a Last year, the PUC granted GTE $16.85 to $20.63. Business service Langley said technological ad- month. while business rates would increase by a $48.8 million rate Increase. The would go from$44.15 to$54.70. vances have (neared) the day when , $10.55. The monthly charge for Dallas-Fort company had requested a $110 tail- In Denton, the• rates would go home computers and video games Worth area "extended metro service" would • lion rate hike. operate over telephone company jump from$30 to 135. • In 1980, the company became the - Commissioners set a preliminary hearing on first telephone utility in Texas his- lines. Heavy computer use of tele- the request for Feb.25. tory to be assessed a multimillion- phone lines will cause measured see. - dollar penaltysub- • vice to by the PUC for replace the current flat-rate In its rate increase request. General Tele- , standard se�ce• telephone service, hepredicted. phone also sought to introduce "measured ter- Al the time, public officials from P — • vice" rates on an serves. l basis in the Dallas and across the state presented a litany of -Houston suburbs it serves, complaints against the company. Measured service customers would pay a re•t One West Texas city attorney said duced flat rate for the service, plus a charge for some emergency "911" calls to local ' the length and distance of every call'A similar police didn't get through to the po- request made last year by Southwestern Bell was lice department. One mayor said rejected by the PUC. • phones rang intermittently despite The overall rate boost would increase GTE the fact that no one was calling.The • general revenues by 15 percent, said company Irving city attorney complained of president B.L.''Buddy"Langley. . , being charged "excessive rates ... See GTE on Page t4 CITY OF' WYIrIIC 114 N. BALLARD ST. - P.O. BOX 428 WYLIE, TEXAS 75098-0428 MEMORANDUM TO: City Council FROM: City Manager" ' DATE: Feb. 21 , 1983 SUBJECT: General Telephone Company Rate Increase On February 11 ,, 1983, General Telephone filed an application for a rate increase amounting to approximately 85.4 million dollars per year. They filed a letter with Mayor Squires which explains in brief their request for the rate increase. Today, we received a memo from Texas Municipal League concerning the rate increase and a meeting of city officials to take place Friday morning Feb. 25th at the headquarters of the Texas Municipal League. In accordance with our current policy concerning rate increase, I plan to attend that meeting. Last year, GTE requested a 110 million dollar rate increase and was granted 46.8 million. This year, they plan to offer an optional feature to cities like Wylie and other suburban cities of Dallas, under which a basic monthly measured service fee would be charged at the rate of $10.15 for residential service. Callers would be billed at least 2.5 cents for the first minute of a call outside the immediate calling scope plus about 1 .5 cents for each additional minute. For example, if a resident of Wylie wanted to call Dallas their phone bill would be $10.15 per month plus the metered or measured charges for the calls actually made to Dallas or Irving or other cities outside the calling scope of Wylie. In essence, those who did not make many calls outside of Wylie would have the basic phone charge, while those who made many calls would have the basic charge plus the measured service charges. Mr. Robert Stuart, GTE, told me they planned to use this as an optional service, but the PUC may make it mandatory for cities like Wylie, Lewisville, Rowlett and Grapevine, etc. Please discuss this issue at your council meeting on the 21st and advise me of your wishes with regards to the optional measured service feature of the rate increase request. J February 9, 1983 Dear Mayor: General Telephone Company of the Southwest has filed an application with the Public Utility Commission of Texas requesting rate adjustments in the state. The following information will outline our needs for the new revenues. An overview of the proposed changes is attached. We are requesting $85 million in new revenues, about half of which is the result of changes dictated by the Federal Communications Commission as it deregulates certain areas of the industry and emphasizes its policy of restructuring rates toward cost-based pricing. In addition to the impact of deregulation and the required restructuring of prices as mandated, we are filing to improve (1) earnings which have fallen to 9.5 percent from the 12.5.percent authorized last year, which we never obtained; and (2) interest coverage, which is critical to the company's bond rating among financial agencies, that has fallen to 2.68 and poses the danger of our bond rating falling to BBB if not improved. All of these influences require us to either raise rates or cut back our service improvement and modernization programs. As distasteful as raising rates is, we prefer this rather than reducing these important programs. We are not seeking new revenues without first having looked at every possible way of curtailing expenses. Over the 12 months covered in our filing, we have reduced our work force requirements the equivalent of approximately 700 employees for total company. All areas of controllable expenses are monitored closely by senior management. However, these efforts are not enough. Our modernization programs and the outside forces of deregulation, inflation, competition, low earnings and the continuing need for financing give us no alternative but to ask for higher rates if we are going to give customers the quality of service they want. During the same period, we spent over $321 million in Texas to meet our commitments to improve service and to modernize. Our modernization program is in high gear and we want to continue this momentum. But to do so, it is essential that we receive new revenues. -more- • Page 2 Inflation has not been as dramatic an influence this past year, but it continues to drive prices up. Our cost to build telephone plant continues to be higher than in the past. For example, in September 1981, our investment was $1,651 per customer line. For the 12 months ending Sept. 30, 1982, we added 33,385 customer lines at a cost of $7,918 per line. This has the effect of raising our investment $199 per line from the level that was used in setting the rates we now have in effect. To obtain the financing required during the rate case period, we financed $150 million in•common stock, preferred stock and bonds. As we continue our modernization program, we will require a tremendous amount of additional external financing, making our bond rating extremely critical to our customers as well as to us. The rating agencies look very closely at our interest coverage, and we do not look good in this important category. Our net income needs to be at least three times our fixed charges or interest expense. During the test period, our interest coverage fell from 2.76 to 2.68 and that trend is still downward. Our present bond rating is A-. Without improvement, we are facing the strong possibility that it will be dropped to BBB. A reduction in our bond rating would affect our customers through higher interest rates charged a BBB company; charges that are eventually paid by the customer. We also face a possible slowdown of our modernization program since some investors are prohibited from purchasing bonds issued by companies with less than an A rating. Modernization has a substantial effect on the price of service since it is tied to recovering the capital already invested in the equipment in service. Like other businesses, we recover that capital through depreciation although the FCC rules are somewhat different from other businesses. Depreciation rates are set by the FCC every three years. 1983 is the year they will be set for General Telephone. If it were not for modernization, capital recovery and expensing of station connections, our request would be much lower. About 45 percent of our request is for capital recovery and station connection expensing. Of course, we are pleased with the modernization and service improvement progress we made during 1982. We see positive evidence of the programs implemented and are meeting all of the commission service standards. This is not to say we do not have several areas that still give us concern and require that we continue our efforts, but we have identified these problem areas and have corrective programs in action. During 1982, we replaced 10 offices with electronic switching systems. In 1983, we will add 2 offices in high growth areas and replace 13 others, all with the modern electronic switching systems. By the end of 1984, 19 other offices will handle customer calls through these sophisticated systems, meaning that almost 50 percent of our customers will be served by electronic switching centers. -more- Page 3 As I said earlier, our only alternative to asking for new revenues is to cut back expenditures, which would naturally slow our modernization program. As you know, we went through that alternative in 1978-79 and both our customers and the company shared the grief of that mistake, a mistake we do not want repeated. Our policy is to provide whatever service is in the public interest as long as we are properly compensated. One such offering included in this filing, to be offered initially in only our metropolitan areas, is optional measured service. This service is being proposed for the Dallas and Houston area cities we serve due to the large calling scopes, large variances in customer usage, available technology due to recent growth in these areas, and indications that there is a market for the service. The service would be expanded to other locations as technology allows and the market emerges. Under the proposal, customers would be offered access to the local and long-distance network and could receive unlimited in-coming calls for a lower monthly access fee. Additional charges would be based on usage of the local network to make local calls. We believe such a service would allow customers to better control the amount of their monthly telephone bill because their total monthly bill would be based on how much they use the service. For those who need telephone service for security purposes and those who do not use the phone very much, this service would make it possible for them to reduce and control their bill. I hope this overview of our needs may answer some of your questions and summarize for you why we so urgently need increased revenues. A copy of our Statement of Intent to Change Rates and a summary of our proposed adjustments are attached for your information. Copies of the revised tariff sheets reflecting the adjustments have been filed with the Commission, and are also available for public inspection at each of our Business Offices, Phone Marts, and Local Service Offices. If you have any questions, I hope you will contact your general manager, Jo Anne Reed, at 214-495-3525, or me. Yours truly, (A° E. L. "Buddy" Langley President Att r _ . v« y, TEXAS MUNICIPAL LEAGUE 4 ' 1020 Southwest Tower Austin, Texas 78701 (512) 478-6601 J February 18 , 1983 • TO: All Cities Served by General Telephone Company RE: Rate .Increase On February 11, 1983 , General Telephone filed an application for a system-wide rate increase in the amount of $85.4 million per annum. A meeting of interested cities has been set for Friday, February 25 , 1983 at 10:00 a.m. in the 7th floor Conference Room, Southwest Tower (TML Building) , 7th and Brazos, Austin, Texas. If at all possible some representative from your City should plan to attend this meeting. At the meeting there will be a discussion of action to be taken in the pending case, status of the Company' s appeals to the courts, status of the Company' s additional revenues from its toll settlements case with Southwestern Bell and a financial report from the last case. A prehearing conference has been set at the P.U.C. for Friday, February 25 , 1983 at 9 :00 a.m. Interventions must be filed by Friday, February 22 , 1983 . You are encouraged to file separate _ interventions, even if tardy, to preserve your City' s particular interests. To keep your options open, TML has filed a blanket intervention for all its Member Cities. Please forward this information to your governing body and all other interested officials. r : GTE—From Page One• for second-rate service." — - __ The PUC lifted the $4 million from $7.90 to $11.90 for residential • Langley said the General Tele- penalty last year. customers and from $20.95 to $31.50 cease was prompted bji +^+•ti—*�' for business customers. �p�y cgsrx nursed by re- phone_ said Its service Improved The optional measured service. Dallas Times Herald February 1:duced long-distan service and goo• which is scheduled to begin in late •errunent regulations. The fall In after the penalty was issued. but a 1983,would be available in the Dal- earnings has threatened General poll conducted by one Texas mayor las suburbs of Plano, Irving, Car- - ATE requests .' Telephones bond rating,he said. Indicated that only 15 of 99 city of• rollton, Garland. Grapevine, Azle. «,:He blamed the national recession facials she contacted reported an!tn• Keller, Lewisville, Rowlett and se -and competition from discount long- proveement In their telephone ser• Wylie. $85 . 5 m 1111 o n distance service for slashing corn- vice since the PUC took its action. party profits. Despite moves•to cut Because of the phone company's The basic monthly measured ser- adminlstrative costs, the company's record, Jiaf;Boyle. legislative direr• vice would cost 310.15 for residen- ts profits have "continued to slide." tor of the Texas Consumer Associ- tial service, with callers being billed rate increase adrift. said his would oppose at least 2.5 cents for the first minute "We have made efforts to reduce the rate hike and the measure of a call and at least 1.5 ants for and control costa. We have reduced vice requests. each additional minute. Discount our work force by'over 700 equiv. "The (Texas) Consumer Assod• rates would apply attar it pat. on • By RICHARD S. DUNHAM gent employed."he said."We have adon looks with great skepticism on weeknights and all day on Austin Bureau just reached the point where we the tremendous increase being re- weekends • (, could not reduce costs any more quested by General Telephone in "I think measured service would AUSTIN — General Telephone Co: of the without a substantial effect on cus- light of their record of inadequate be far fairer in the long run because Southwest Friday asked the Public Utility Com- tomer service. We had a choice of and poor service and poor mainte- people who use the service more mission for an $85.5 million rate increase,a move either reducingmodernization or Hance in their service area." gley. that would boost residential phone bills in some raise rates and increase the revenue General Telephone serves 800,000 would pay more," said er who Dallas suburbs by more than 24 percent and in ... As distasteful as raising rates is. , Texas customers.including residents "Phis would allow customers who g use the telephone less to control some areas by more than 50 percent. ve•prefer this rather than reducing of the Plano, Irving, Garland- Car- their costs." The request. it granted by the utility corn- these programs which our ctrstaaeta rollton.Lewisville. Those customers I mission, would raise monthly residential rates in have told us they expect" would see their basic rates go from Dallas suburbs served by the company by $4 a Last year. the PUC grunted GTE $18.85 to $20.85. Business service Langley said technological ad- month. while business rates would increase by a $48.8 million rate Increase. The would go from$44.15 to$54.70. vances have (neared) the day when $10.55. The monthly charge for Dallas-Fort company had requested a $110 mil- In Denton. the• rates would go home computers and video games Worth area "extended metro service" would • lion rate hike. - operate over telephone company jump from$30 to$35. . In 1980, the company became the • Commissioners set a preliminary hearing on first telephone utility In Texas his- lines. Heavy computer use of tele- the request for Feb.25, tory to be assessed a multimillion- phone lines will cause measured ser• • dollar penalty by the PUC for sub- . vice to In Its rate increase request. General Tele- replace the current flat-rate standard service• • telephone service, he redacted. phone also sought to introduce "measured ser- At the time, public officials from P P • vice" rates on an optional basis in the Dallas and across the state presented a litany of Houston suburb it serves. complaints against the company. Measured service customers would pay are, One West Texas city attorney said duced flat rate for the service, plus a charge for some emergency "911" calls to local ' the length and distance of every tali'A similar police didn't get through to the po- _ request made last year by Southwestern Bell was lice department. One mayor said • rejected by the PUC. • phones rang Intermittently despite The overall rate boost would increase GTE the fact that no one was calling.The general revenues by 15 percent, said company trving •city attorney complained of president E.L."Buddy"Langley. . , being charged "excessive rates ... See GTE ea Page 24