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City Council
January 3,2005
The regular meeting o f the Mayor and City Council o f the City of Waxahachie was held on
Monday, January 3, 2005 at 7:00 p.m. in the Council Chamber at City Hall, 401 South Rogers,
Waxahachie, Texas.
Members Present: Joe Jenkins, Mayor
Jay Barksdale, Mayor Pro Tem
Chuck Beatty, Councilman
Ron Ansell, Councilman
Ron Wilkinson, Councilman
Others Present: Robert W. Sokoll, City Manager
Paul Stevens, Assistant City Manager
Nancy Ross, City Secretary
Steve Chapman, City Attorney
Mayor Joe Jenkins called the meeting to order and Councilman Ron Ansell gave the invocation.
CONSENT AGENDA:
a. Minutes of regular City Council meeting of December 20, 2004
b. Minutes o f Planning & Zoning Commission meeting of December 22, 2004
C. Statement of Revenue and Expenditures for November 2004
d. Set second City Council mceting date for Tuesday, January 18, 2005 due to
Martin Luther King Holiday
Mavor Pro Tent Jav Barksdale moved approval of Items a. thrir d. on the Consent Agenda as
listed above includiux niovinp the next Citv Council meeting to Tuesdav, January 18. 2005
dire to MLK Holidov. Councilman Chuck Beatty seconded, All Ayes.
Mayor Pro Tem Jay Barksdale introduced Roger Muhle serving as the Honorary Councilmember
for the month of January. Roger is a 17-year old student at Waxahachie High School and a 4-
year resident of Waxahachie. He is employed at HEB Grocery Store and active in his church.
He helps with organizing the ushers each Sunday at their church.
City Attorney Steve Chapman read proposed Ordinance No. 2278 on requested annexation of
approximately 552.120 acres located North and East of Park School House Road and 287
Bypass, with the majority of the land located between Park School House Road and Mustang
Creek.
ORDINANCE NO. 2278
A N ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF W m H A C H I E , AND THE
ANNEX4 TION OF CERTAIN ADDITIONAL TERRITORY LIES
ADJACENT TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF
WAXIHACHIE IN THE PARTICULARS STATED IN THE ORDINANCE,
AND DECLARING A N EMERGENCY.
After a brief discussion, Councilinan Ron Ansell moved approval of Ordinance No. 2278 as
- Councilman Ron Wilkinson seconded, All Aves.
read.
City Council
January 3,2005
Page 2
Mrs. Tammy Stricltland and Ms. Cindy Andersoii requested to appear before the Council for
permission to have a Mardi Gras Parade oii February 5”. Mrs. Strickland noted this would be
their second Annual Mardi Gras Parade. She noted there are several businesses that have
expressed a desire to participate in the event. The parade will begin at 5:OO p.m. and the hand
will begin playing at 6:OO p.m. on the square and the event will end at 1O:OO p.m. The blocking
of any streets will be at the City’s discretion; but, hopefully they would not have to block any
streets completely.
Corrncilnian Chuck Beat@ nioved approval o f the request bv Tammv Strickland and Cindp
Anderson to have a Mar& Gras Parade on Februarv 5, 2005. Mayor Pro Tem Jay Barksdale
seconded. The vote was as follows:
Ayes Joe Jenkins, Mayor
Jay Barksdale, Mayor Pro Tem
Chuck Beatty, Councilniaii
Roil Wilkinson, Councilman
Noes Ron Ansell. Councilman
Abstaining : None
The niotion carried.
Mr. Michael Scott explaiiied he was speakiiig on behalf of the Chamber of Commerce to request
the Council to close some Downtown streets for an opportunity to hold a Car Show on Saturday,
February 19, 2005. He further explained there is a car show that has been held in Granhury for
five years and now “Sweethearts and Orphans VI” would like to hold the car show in
Waxahachie from February 18 - 20, 2005. They would be requesting that three (3) sides of the
square he closed from 8:OO a.m. to 5:OO p.m.
Mayor Jenkins asked if there would be concession booths set up around the square. Laurie
McPike stated there would not be concessions; they wanted to generate shopping, dining and
lodging for the weekend. The cars will be on display around the square in the Downtown area.
All proceeds from the event will go to the American Heart Association. The Holiday Inn
Express will be the host hotel and an awards presentation will take place there on Sunday at 9:OO
a.m.
Councilman Ron Ansell nioved approval o f the request bv the Chamber of Commerce for
Downtown street closing for the Cur Show bv Sweethearts and Orpliuns VZ on Saturday,
Februarv 19,2005. Councilman Ron Wilkinson seconded, AN Aves.
Mayor Joe Jcnkms opened the Public Hearing on Zoning Amendment Request No. 2004-58, a
request by Chuck Cole, JCTC Investment Corporation for Site Plan approval of Lot 1, Block A,
Windchase Corner located on Carlton Parkway West of Shackelford Elementary School
(ZA2004-58).
Mr. Chuck Cole, 303 Eubanks Road, Maypcarl, TX, explained he owned three (3) lots to the
North of this site that have been pennitted for two (2) 4-plexes and one (1) duplcx
There being no others to speak for or against the Site Plan Mayor Joe Jcnkins declared the Public
Hearing closed
Mayor Pro Tern Jav Bnrksdale moved approval of the Site Plan for Lot 1, Block A , Windchase
Corner located on Carlton Parkwav West of Shackelford Elementorv School Applicant: -
Chuck Cole, JCTC Investnient Corporation (ZA2004-58) subject to compliance with Citv Staff
Comments and the stipulations of the Planning & Zonine Commission meeting o f December
22,2004. Councilman Ron Ansell seconded, AIL Aves.
City Council
January 3, 2005
Page 3
Mayor Joe Jenkins opened the Public Hearing on Zoning Amendment Request No. 2004-59, a
request by Sam Moffett, Texas Terra, L.P. to change the zoning on 51.967 acres in the S.M.
Durrett Survey from Future Development (FD) to Single Family-3 (SF-3) for single family
development, located on the Northeast comer of Parks School House Road and Graham Street.
(ZA2004-59)
Mr. Warren Convin, 200 West Belmont, Allen, TX, explained the subject property is located at
the intersection of Graham Street and Park School House Road. They were proposing to develop
51.967 acres into 214 single-family lots. The property to the South and West is zoned Single
family-3, property to the North is zoned Commercial and Greenwood Nursery is located to the
West of the subject property with an SUP to operate the nursery.
Councilman Ron Ansell asked how he was proposing to scparatc the Commercial property from
the residential subdivision. Mr. Convin noted he was proposing a green space and jogging trail
near the pond, however, thc pond is not a part of the proposed subdivision. Councilman Ron
Wilkinson asked what size homes they werc proposing to build. Mr. Corwin noted the new
single family-3 zoning regulations within the City’s Zoning Ordinance would be required.
Councilman Wilkinson asked him if he would be willing to include some Single family-2 zoning
in the area. He pointed out he felt the City has too many SF-3 homes and noted he felt there
should be some SF-2 homes iricluded in the plan to give people some alternatives arid remain in
the neighborhood if they would like to move to a larger home. The Comprehensive Plan should
be followed more closely. Mr. Convin pointed out with the other uses surrounding the property
he felt SF-3 would be more appropriate. Councilman Ansell pointed out this property is
surrounded by Commercial (C) and Future Development (FD) between it and Hwy. 287.
Mr. K. C. Browne, 500 Royal, stated he volunteered two or three years ago to make a park in the
pond area with a bicycle or jogging trail, however, nothing became of it. He noted they use the
water from the pond for the nursery since it is spring fed and he would like to continue using the
water for the nursery.
Mr. Corwin stated he would like to have a jogging trail along the pond on the North side and
they would commit to constructing the trail. Councilman Wilkinson stated he would like to see
them pursue the park and the jogging trail being built. The Council also discussed the creation of
a Home Owner’s Association for the subdivision that the developers noted would be the Home
Owner’s Association’s responsibility to maintain..
There being no others to speak for or against the zoning change Mayor Joe Jenkins declared the
Public Hearing closed.
city Attorney Steve Chapman read proposed Ordinance No. 2279.
ORDINANCE NO. 22 79
AN ORDINANCE CHANGING THE ZONING ON 51.967 ACRES IN THE
S.M. DURRETT SURVEY, LOCATED ON THE NORTHEAST CORNER OF
PARKS SCHOOL HOUSE ROAD AND GRAHAM STREET, IN THE CITY
OF WAAXHACHIE, ELLIS COUNTK TEXAS, AS SHOWN ON EXHIBIT
“A”, FROM FUTURE DEVELOPMENT (FD) TO SINGLE FAMILY-3 (SF-
3), AND ORDERING THE CHANGING OF THE ZONING MAP THEREOF
IN ACCORDANCE WITH SAID CHANGE.
Councilman Ron Wilkinson moved approval o f Ordinance No. 2279 subiect to the submission
o f a plat for the developnrent which provides for a Home Owner’s Association and the
dedication o f the Cake and the surrounding green area for the use of the subdivision to be
maintained bv the IIOA.
Mr. Convin explained he did not own the lake; therefore, he could not make any commitments
for the lake. He noted the portion on the North side within the platted property he would
dedicate.
After further discussion Councilman Wilkinson withdrew his motion.
City Council
January 3,2005
Page 4
Conizcilnian Ron Ansell moved approval o f Ordinance No. 2279 as submitted subiect to the
snbmission o f a plat that includes a 30’ to 40’ space o f serpentine trail on the North side o f the
property. Councilman Chuck Beatty seconded, All Aves.
Mayor Joe Jenkins opened the Public Hearing on Zoning Amendment Request No. 2004-60, a
request by William A. Stueber, CPH Engineers, Inc. for Site Plan approval of Starbucks Coffee
at 1200 N. Highway 77, being part of Lot 1, Wal-Mart Eason Subdivision. (ZA2004-60)
Mr. Gary Johnson, 8350 North Central Expressway, Suite 1250, Dallas, TX, explained this
property is located directly in front of Wal-Mart in the open area betwecn Murphy Oil and the
Racetrac properties. He noted there would be seating inside for approximately 15 to 20 people;
however, they were also proposing a drive-thru for the establishment.
Mayor Jenkins asked if they saw a traffic problem being created for this area with building their
establishment at this location. Mr. Johnson explained they were not asking for another curb cut
off Highway 77 since they were planning to obtain a blanket easement from Wal-Mart to use all
of their access points.
The Council discussed the number of cars that would be put out on Highway 77 Irom Starbucks
and the peak periods. Mr. Johnson anticipated the mornings would contribute 70 to 80 ears that
would be the peak hours for the establishment. Mr. Sanford Smith pointed out with the initial
submission of the zoning and plats there had not been a traffic study done; however, after being
considered by the P&Z several times, a traffic study was done and the location was moved North
somewhat. Mr. Smith expressed concerns with compounding the traffic problem in this area.
There being no others to speak for or against the zoning request Mayor Joe Jenkins dcclarcd the
Public Hearing closed.
After a brief discussion, Mavor Pro Tem Jay Barksdale moved npprovnl o f the Site Plan for
Starbucks Coffeeat I200 North Hiphwnv 77, beinz part o f Lot I , Wal-Mart Eason Subdivision
- Applicant: William A. Stueber, CPH Engineers, Inc. (ZA.2004-60) subiect to compliance
with stipulations o f Planning & Zoning Commission meeting o f December 22, 2004 nnd
obtaininp a blanket easement from Wal-Mart. Councilman Chuck Beatty seconded, All Ayes.
Councilman Ron Ansell commented the traffic problem in this area is something the City
Council should address and should not be the responsibility of the developers.
Mayor Joe Jenkins opened the Public Hearing on Zoning Amendment Request No. 2004-60, a
request by William A. Stueber, CPH Engineers, Inc. for a Specific Use Permit within Planned
Development-7-Genera1 Retail (PD-7-GR) for a drive through window service for Starbucks
Coffee at 1200 N. Highway 77, being part of Lot 1, Wal-Mart Eason Subdivision. (2A2004-60)
There being no one to speak for or against the zoning request Mayor Joe Jenkins declared the
Public Hearing closed.
City Attorney Steve Chapman read proposed Ordinance No. 2280.
ORDINANCE NO. 2280
AN ORDINANCE AUTHORIZING A SPECIFIC USE PERMIT FOR PART
OF LOT I , WAL-MART EASON SUBDIVISION, AN ADDITION TO THE
CITY OF WAXAHACHIE, ELLIS COUNTK TEXAS, LOCATED AT 1200 N.
HIGHWAY 77, BEING PLANNED DEVELOPMENT-7-GENERAL RETAIL
(PD-7-GR) TO PLANNED DEVELOPMENT-7-GENERAL RETAIL (PD-7-
GR) WITH SPECIFIC USE PERMIT (SUP), FOR THE PURPOSE OF
ALLOWING A DRIVE-THRU WINDOW SERVICE FOR STARBUCKS
COFFEE, SUBJECT TO CERTAIN CONDITIONS, AND ORDERING THE
City Council
January 3,2005
Page 5
CHANGING OF THE ZONING MAP THEREOF I N ACCORDANCE WITH
SAID CHANGE.
Councilman Ron Ansell moved approval of Ordinance No. 2280 as read. Councilinan Ron
Wilkinson seconded, All Aves.
Mavor Pro Tem Jav Barksdab moved approval of the Replat of Lot 4, Wal-Mart Eason
Subdivision at 1200 N. Hiahwav 77. located West of Wal-Mart on Highwav 77 between
Racetrac and Murphv Oil - Applicant: William A. Stneber. CPH Enpineers, Inc. (RP2004-681
subject to compliance with stipnlations of Planninp & Zoriinp Commission meetina of
December 22.2004. Councilinan Ron Ansell seconded, All Aves.
Mayor Joe Jenkins opened the Public Hearing on Zoning Amendment Request No. 2004-61, a
request by William J. Winkclmm, Winkelmann and Associates to change the Loning on
69.1035 acres in the W.C. Caldcr and S.C. White Surveys from Future Development (FD) for
Mixed Uses (Tract 1 - 5.5 acres Planned Development-General Retail (PD-GR); Tract 2 -- 36.97
a t i m Planned Development -Multi-fdmily-l (PD-MF-1); and Trdcl 3 - 26.63 atires Planned
Development-Multi-family-1 (PD-MF-1) for Townhouses) located at the Southeast intcrscction
of U S . Hwy. 287 and F.M. Hwy. 878. (ZA2004-61)
Mr. William Winkelmann, Winkelmann & Associates, 6705 Hill Crest Plaza Drive, Dallas, TX,
explained they were requesting the zoning on the 69 plus acres due to the activity in the area and
get a zoning plan in place to protect the property. He noted the infrastructure, i s . water, sewer,
strects, etc. are not in the area at this time, therefore, the property will not be developed at this
time. He noted all City Staff Comments have been ckdrificd and they are willing to comply with
them. The access from Highway 287 to provide the offset to the nearest turn within thc
development will be corrected.
Councilman Ron Ansell expressed concerns with no greedpark space for such a large
development. Mr. Johnson explained they wanted to get this property zoned while it was not so
highly populated. The cascment for the drainage area through the property could be used as
grecn space. City Attorney Chapman pointed out they are requesting a Planned Development so
any stipulations could he included in the PD Ordinance now. Mr. Sanford Smith explained a
minimum of 1,600 square feet of living area would he required for the Townhomes with a 2-ear
garage.
Mr. Fred Brodsky, 5223 Royal Lane, Dallas, TX, owner of the property, stated they wanted to
keep the density low and did not want to go with 3-story buildings, however, he did not have any
problems with taking away one building proposed on the East sidc and use the area as green
space. It was the consensus of the City Council that two (2) acres be reserved for park space.
There being no others to speak for or against the zoning request Mayor Joe Jenkins declared the
Public Hearing closed.
City Attorney Steve Chapman read proposed Ordinance No. 2281
ORDINANCE NO. 2281
AN ORDINANCE CHANGING THE ZONING ON 69.1035 ACRES
LOCATED ON THE SOUTHEASTINTERSECTION OF US. HIGHWAY 287
AND F.M. IIWY. 878, CITY OF W M H A C H I E , ELLIS COUNTY, TEXAS,
FROM FUTURE DEVELOPMENT TO PLANNED DEVELOPMENT-
GENERAL RETAIL (PD-GR) ON 5.5 ACRES, PLANNED DEVELOPMENT-
MULTI-FAMILY-1 (PD-MF-1) ON 36.97 ACRES, AND PLANNED
DEVELOPMENT-MULTI-FAMILY-1, FOR TOWNHOUSES, ON 26.63
ACRES, AND BEING FURTHER DESCRIBED ON EXHIBIT “A”, AND
ORDERING THE CHANGING OF THE ZONING MAP THEREOF IN
ACCORDANCE WITH SAID CHANGE.
City Council
January 3,2005
Page 6
Councilman Ron Ansell moved approval o f Ordinance No. 2281 as read subiect to including a
stipulation that two (2) acres he reserved for park space within the Multi-familv-I for
Townhouses. Councilman Chuck Beatty seconded, All Aves.
Mayor Joe Jenkins opened the Public Hearing on Zoning Amendmcnt Request No. 2004-61, a
request by William J. Winkelmann, Winkelmann and Associates for Conceptual Plan approval of
69.1035 acres in the W.C. Calder and S.C. White Surveys for property locatcd at the Southcast
intersection of U S . Hwy. 287 and F.M. Hwy. 878. (ZA2004-61)
There being no one to speak for or against the zoning request Mayor Joe Jenkins declared the
Public Hearing closed.
Conncilman CIinck Beatty moved approval o f the Conceptual Plan for 69.1035 acres in tlie W.
C. Calder and S. C. White Surveys for proper& located at the Sontheast intersection o f U. S.
Hwv. 287 and F. M. 878 - Applicant: William J. Winkelmann, Witikelmanti and Associates
(ZA2004-61) subiect to compliance with stipulations o f Planning & Zoning Comniission
meeting o f December 22,2004. Councilman Ron Wilkinson seconded, All Aves.
Mr. Michael Scott, Director of Planning, explained the current population for the City of
Waxahachic could be reasonably justified to be in excess of 25,000 inhabitants. He presented to
the Council the methodology used in determining the City’s population. Based on data offered
through the U S . Census Bureau and Certificates of Occupancy issued by the City of Waxahachie
Building Department, the City can support the notion that its population is in excess of 25,000.
The U. S.Census Bureau provides population figures every 10 years, and thus, the most recent
data comes from 2000. The 2000 U S . Census Bureau data reflects Waxahachie to have a
population of 21,426. The Census Bureau also offers a standard multiplier for detcrmining the
average household size within each type of dwelling. As of the 2000 Census, these multipliers
were 2.87 for owner-occupied dwellings and 2.53 for renter-occupied units. These can
reasonably be utilized to determine inhabitants within Single Family and Multi-Family,
Certificates of Occupancy respectively.
Mr. Scott presented the calculations depicted in the following fashion:
U.S. Census population figure (as of January 2000) 2 1,426
Certificates of Occupancy (since January 2000)
Single Family Dwellings 1,260 x 2.87 3,616
Multi-Family Dwellings 361 x 2.53 913
TOTALS 25,955
In addition, there are several other organizations that provide morc frequent data related to
municipality demographics. One of these organizations is Thomas Brinkhoff with the most
recent population cstimates released by this source being dated August 8, 2004. Their figures as
of July 1, 2003 for Waxahachie are estimated to have 23,915 inhabitants. Again, whcn added to
C.O.’s issued (multiplied by U S . Census multipliers) it supports the claim of Waxahachie being
in excess of 25,000 inhabitants.
Mr. Scott explained it was his understanding that a municipality need not wait for the U. S.
Census figures to declare its population figures. If figures can be gathered to reasonably justify
and support such a claim, the City Council may pass an Ordinance declaring such. Per Local
Government Code Chapter 42, Section 42.021 (3), when a municipality’s inhabitants exceed
25,000, the City’s Extraterritorial Jurisdiction is then extended to two (2) miles.
City Attorney Steve Chapman read proposed Ordinance No. 2282 declaring Waxahachie
population to be in excess of 25,000 pcrsons and declaring a two-milc Extraterritorial
Jurisdiction.
City Council
January 3,2005
Page 7
ORDINANCE NO. 2282
AN ORDINANCE OF THE CITY OF WAXAHACHIE, TEXAS, DECLARING
THE POPULATION OF THE CITY TO BE IN EXCESS OF 25,000
PERSONS; DECLARING A TWO-MILE EXTRATERRITORIAL
JURISDICTION; DECLARING ENFORCEMENT OF CITY REGULATIONS
WITHIN THE EXPANDED EXTRA TERRITORIAL JURISDICTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
DECLARING AN EMERGENCY; AND SETTING AN EFFECTIVE DATE.
Councilman Ron Wilkinsorr moved auproval of Ordinance No. 2282 as read. Mayor Pro Tem
Jay Barksdale seconded, All Apes.
Mr. Dong Barnes, Director of Economic Development, explained Atmos Energy Corporation,
formerly TXU Gas, made a filing Distribution G R P (Gas Reliability Infrastructure Program)
with the City of Waxahachie and with other cities served by Atmos on December 15, 2004,
notifying the Cities its intent to increase its distribution rates to all customers cffective February
15,2005 because of investments made in calendar year 2003.
Mr. Barnes noted Atmos Energy also made a filing (Pipeline GRIP filing) at the Railroad
Cornmission of Texas on or about Deceiiiber 17, 2004, notifying of its intent to increase its City
gate and transportation rates to all customers, also effective February 15, 2005 because of
investments made in the calendar year 2003.
Mr. Doug Barnes presented the following Resolutions for Council consideration:
a. Authorizing intervention before Texas Railroad Commission and participation
with other cities served by Atmos
b. Suspending the proposed rate filings in a review and inquiry into the basis and
reasonableness of the proposed rate adjustments
RESOLUTIONNO. 1041
A RESOLUTION BY THE CITY OF WAXAHACHIE, TEXAS
A UTHORIZING INTER VENTION BEFORE THE RAILROAD
COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (CUD) NO. 9530;
AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY
ATMOS ENERGY CORPORATION, FORMERLY KNOWN A S 2xU GAS
COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS
INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING
MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER
IN CUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY
TO SERVE ON A STEERING COMMITTEE; REQUIRING
REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT
EXPENSES.
WHEREAS, the City Council of the City of Waxahachie, Texas is a
customer of Atmos Energy Corporation, formerly known as TXU Gas Company,
(Atmos/TXU Gas) and a regulatory authority with an interest in the rates and
charges of AtmosiTXU Gas; and
WHEREAS, AtmosiTXU Gas made a filing at the Railroad Comnlission
of Texas on or about September 24, 2004, now docketed as GUD No. 9530, for a
gas cost prudence review of $2.2 billion in previously incurred and billed gas
costs; and
WHEREAS, the filing made by AtmosiTXU Gas was required by the
terms of the Final Order of the Railroad Commission in GUD No. 8664; and
WHEREAS, ratepayers of AtmosiTXU Gas, including the City of
Waxabachie and its residents would be entitled to a pro rnta portion of a refund
associated with any costs found to have been unreasonable; and
WHEREAS, the City of Waxahachie and its residents could benefit from
coordination with other Cities in a review of the reasonableness of the gas costs of
City Council
January 3,2005
Page 8
Atmos/TXU Gas and the joint participation in the Railroad Coinmission
proceedings and any subsequent litigation or appeal related to those gas costs; and
WHEREAS, the reasonable costs associated with the participation of
Cities in this ratemdking proceeding are reimbursable from the Company.
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WAXAHACHIE, TEXAS THAT:
1. Intervention is hcreby authorized in GUD No. 9530 andor any
successor docket at the Railroad Commission of Texas.
2. The City is authorized to cooperate with other Cities within the
AtmosiTXU Gas system and hereby designates Doug Barnes as a representative
to a Cities’ Steering Committee that shall direct the efforts of counsel and
consultants and the course of settlement and/or litigation before the Railroad
Commission or of an appeal to any court regarding any matter rclated to the gas
cost prudence review filing made by AtmodTXU Gas in 2004.
3. Atmos/TXU Gas shall promptly reimburse the City’s reasonable
costs associated with the City’s participation in GUD No. 9530 or any subsequent
proceeding
RESOLUTION NO.
A RESOLUTION BY THE CITY OF WAAXHACHIE, TEXAS SUSPENDING
THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM
GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003;
AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY
ATMOS ENERGY CORP., MID-TEX DIVISION, IN A REVIEW AND
INQUIRY INTO THE BASIS AND REASONABLENESS OF THE
PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTER VENTION IN
ADMINISTRATIVE AND COURT PORCEEDINGS INVOLVING THE
PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A
REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING
COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE
LEGAL AND CONSULTANT EXPENSES
WHEREAS, the City of Waxahachie, Texas (“City”) is a gas utility
customer of Atmos Energy Corp., Mid-Tex Division, (“Atmos Mid-Tex” or “the
Company”) and a regulatory authority with an interest in the rates and charges of
Atmos Mid-Tex; and
WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad
Commission of Texas (“Railroad Commission”) in December 2004, proposing to
implement interim rate adjustments (“GRIP Rate Increases”) pursuant to Texas
Utilities Code § 104.301 on all customers served by Atmos Mid-Tex; and
WHEREAS, Atmos Energy Corporation has reported a twenty perccnt
increase in profits for its fiscal year ended September 30, 2004, and projects
further increases in profits in 2005; and
WHEREAS, in May 2004, the Railroad Commission entered its Final
Order in GUD No. 9400 authorizing a rate increase that will produce additional
annual revenues of $1 1.5 million for Atmos Mid-Tex; and
WHEREAS, Atmos Mid-Tex has projected that it will experience annual
cost savings of at least $40 million over the costs included in rates approved in
GUD No. 9400 and said savings are likely to greatly cxceed the annual revenue
requirement associated with any reasonable increases in invested capital that form
the basis of the proposed GRIP rate increases; and
WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its
residents, will be adversely impacted by the proposed GRlP Rate Increases; and
WHEREAS, the City and its rcsidents could benefit from coordination
with other cities served by Atmos Mid-Tex (“Cities”) in a review of the
reasonableness of the proposed GRIP Rate Increases and joint participation in any
proceedings at the Railroad Commission related to the proposed GRIP Rate
Increases; and
WHEREAS, the reasonable costs associatcd with the participation of
Cities in this rate proceeding are reimbursable from Atmos Mid-Tex.
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WAXAHACHIE, TEXAS, THAT:
City Council
January 3,2005
Page 9
1. The February 15, 2005, effective date of the GlUP Rate fncreases
proposed by Atmos Mid-Tex is hereby suspended to permit adequate time to
review the proposed increases, analyze all necessary information, and take
appropriate action related to the proposed increases.
2. The City is authorized to cooperate with other Cities to create and
participate in a Steering Committee to hire and direct legal counsel and
consultants, to negotiate with the Company, to make recommendations to the City
regarding the proposed GRIP Rate Increases, and to direct any administrative
proceedings or litigation associated with the proposed GRIP Rate Increases.
3. The City is authonzed to intervene in any administrative
proceedings or litigation associated with the proposed GRIP Rate Increases,
including GUD No. 9560, the Company's proposed GRIP rate increase for its
pipeline system filed at the Railroad Commission.
4. The City hereby designates Doug Barnes as a rcpresentative to a
Cities' Steering Committee that shall direct the efforts of counsel and consultants.
Atmos Mid-Tcx shall promptly reiinhurse the City's reasonable costs
associated with the City's activities related to the proposed GRIP Rate Incrcases.
Councilman Ron Wilkinson moved approval o f Resolutions No. 1041 and No 1042 as
presented. Councilman Chuck Beatty seconded, All Aves.
Councilman Ron Wilkinson nominated Hugh Hall to he considered as a member to the Ellis
County Water Control & Improvement District No. 1 Board of Directors.
Mavor Pro Tern Jav Barksdale moved the followiiip members be reappointed to a 2-vear tern1
on the Ellis County Water Control & Improvement District No. 1 snbiect to their willinpviess to
contiiiue servinx:
1. Bob McGinnis
2. Mackey Morgan
Councilman Chuck Beatty seconded, All Aves.
Councilman Ron Wilkinson nominated Marion Reynolds to be considered as a member to the
Zoning Board of Adjustment.
Couiicilman Chuck Beat@ moved the followinp members be reappointed to a 2-year term on
the Zonina Board o f Adiustment subiect to their williiapness to continue servinp and keen in
mind Marion Revnolds to sewe on another Bourd
1. Eugene Head
2. Rusty Ballard
3. Warren Snow, Alternate
Mayor Pro Tem Jay Barksdale seconded. The motion was as follows:
Ayes Joe Jenkins, Mayor
Jay Barksdale, Mayor Pro Tem
Chuck Beatty, Councilman
Ron Ansell, Councilman
Noes Ron Wilkinson, Couiicilman
Abstaining : None
The motion carried.
City Council
January 3,2005
Page 10
Councilman Ron Wilkinson nominated Charles Oliver to be considered as a member of the
Electrical Advisory Board. Mr. Sanford Smith advised the Council the Ordinance reqnires a
person serving on the Electrical Advisory Board to have a City Master Electrician’s Licensc.
Councilman Ron Wilkinson withdrew his nomination of Charles Oliver since he would not
qualify as a Master Electrician. Mayor Pro Tcm Jay Barksdale nominated Wayne Eiland to be
considered as a reappointment to the Electrical Advisory Board.
1. Jimmy Haney
2. Wayne Eiland
3. Anthony McMillan
Mayor Pro Tem Jay Barksdale seconded, All Aves.
The City Council agreed on City Manager Bob Sokoll’s reappointment or Paul Stevens as his
designee to Waxahachie Partnership, Inc. for a 3-year term.
Mayor Joe Jenkins announced the City Council Mid-Winter Retreat to be held on Thursday,
January 6,2005 at 8:OO a.m. at the Waxahachie Civic Center.
Mr. Michael Scott announced the Rogers Street Historical Bridge Re-dedication Program to be
held on Saturday, January 8, 2005 at 1O:OO a.m.
CITIZENS’ PETITIONS AND R E 0 UEST
Mrs. Laurie McPike thanked the Council for their support of the Swcctheart and Orphans Event
to be held Fcbbmary 18 - 20thin Waxahachie. She reported the Saint Gobain Containers sign has
been replaced.
Mrs. Debra Wakeland presented some figures on the traffic count for the number of people
traveling in the area of Waxahachie Towne Center on Highway 77 North.
City Manager Bob Sokoll reported TxDOT was planning to install a signal light on Highway 77
at Target through grant money for the Waxahachie Towne Center. The cost will be
approximately $100,000 and the City will have to get a traffic signal light study conducted in this
area before the signal is installcd.
Councilman Ron Wilkinson expressed concerns with the way the City Council handles
appointments to the various Boards and Commissions. He noted all the people he noinmated
were well qualified to serve. He noted it was his feelings that some of the members had been on
the Boards for a very long time and maybe some of the members should rotate to another Board.
There are some City Boards that have no female or Hispanic representation and felt the Council
should give some thought to this also. Councilman Wilkinson stated he was not dissatisfied with
the members that are serving; however, he felt we should have new blood on the Boards. Mayor
Joe Jenkins noted this subject would bc discussed at the Rctrcat to be hcld on January 6‘h.
Mayor Joe Jenkins announced at 9:40 p.m. the meeting would adjourn into Executive Session to
discuss pending or contemplated litigation in reference to land located West of lnterstate 35E as
permitted by the Texas Government Code, Section 551.071.
City Council
January 3,2005
Page 11
The meeting rcconvcned into regular session at 9 5 2 p.m. Courzcilninn Ron Wilkinsoiz moved
the meeting adjourn. Councilman Chuck Beatty seconded, All Aves.
Respectfully submitted,
Nancy Ross
City Secretary
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