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Agenda Packet TC 05/23/2016
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own CouncilPage 4 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-272-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same (Staff). *Memorial Day Ceremony *Volunteer Appreciation Reception *Meat “U” Anywhere BBQ Opening *Community Pool Opening *Chief Thomas Retirement Ceremony *Town Hall Attachments: DateVer.Action ByActionResult Town Manager Seidel's update regarding the following; discussion and provide input regarding same (Staff). *Memorial Day Ceremony *Volunteer Appreciation Reception *Meat “U” Anywhere BBQ Opening *Community Pool Opening *Chief Thomas Retirement Ceremony *Town Hall Town CouncilPage 5 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-273-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Town Council Liaison Updates; discussion of same: *Parks and Recreation Board, May 16, 2016 Council Liaison - Council Member Philip Shoffner Attachments: DateVer.Action ByActionResult Town Council Liaison Updates; discussion of same: *Parks and Recreation Board, May 16, 2016 Council Liaison - Council Member Philip Shoffner Town CouncilPage 6 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-274-T Version:1 Name: Type:Agenda Item Status:Consent Agenda File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Consider and take appropriate action regarding the Minutes dated April 26, 2016 (Staff). Attachments:Draft TC Minutes April 26, 2016.pdf DateVer.Action ByActionResult Consider and take appropriate action regarding the Minutes dated April 26, 2016 (Staff). Town CouncilPage 7 of 73Meeting Date: May 23, 2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, April 26, 2016 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, April 26, 2016. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Jim Parrow Council Member, Place 1 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager April Reiling PIO/Marketing Manager Ron Ruthven Town Planner Mayor Sanders announced the date of Tuesday, April 26, 2016, called the Town Council to order and announced a quorum at 6:02 p.m. EXECUTIVE SESSION 1. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee and Section 551.071 (1) and (2) Consultation with Attorney seeking advice of its attorney regarding pending or contemplated litigation or a settlement offer or to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act. 1. Patricia Adams, Town Attorney CONVENED INTO EXECUTIVE SESSION - START TIME – 6:03 P.M. Town CouncilPage 8 of 73Meeting Date: May 23, 2016 RECONVENED INTO REGULAR SESSION - START TIME – 7:11 P.M. RECONVENED INTO REGULAR SESSION 2. Consider and take appropriate action regarding the Executive Session. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to table the item until the end of the Regular Session. Motion passed unanimously. The Invocation was offered by Mayor Sanders. The Pledges to the American Flag and Texas Flag were led by Council Member Kurtz. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. There were no citizen presentations. ANNOUNCEMENTS AND REPORTS 3. Town Manager Seidel's update regarding the following; discussion and provide input regarding same (Staff). *Election Day *Back to Nature and Camp Out *Community Clean Up *Trophy Club Women’s Club Garage Sale *Trophy Club Town Hall Town Manager Seidel updated the Council and addressed questions; no action was taken on this item. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 4. Consider and take appropriate action regarding the Minutes dated March 22, 2016 (Staff). (Town Secretary Note: Approved as presented in the Town Council agenda packet). 5. Consider and take appropriate action regarding the Minutes dated March 29, 2016 (Staff). Town Secretary Note: Approved as presented in the Town Council agenda packet). 6. Consider and take appropriate action regarding calling a Special Town Council meeting to be held on May 17, 2016, at 9:00 a.m. in the Public Service Conference Room (Staff). 7. Consider and take appropriate action regarding the second Town Council meeting in May 2016 to be held on May 23, 2016, at 7:00 p.m.in the Svore Municipal Building Boardroom (Staff). Town Council Minutes April 26, 2016 Page 2 of 8 Town CouncilPage 9 of 73Meeting Date: May 23, 2016 8.Consider and take appropriate action regarding a Resolution directing Oncor Electric Company, LLC to file certain information with the Town of Trophy Club; setting a procedural schedule for the gathering and review of necessary information in connection therewith; setting filing dates; ratifying the hiring of legal counsel and consultants; reserving the right to reimbursement of rate case expenses; setting a public hearing for the purposes of determining if the existing rates of are unreasonable; and providing an effective date (Staff). Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Consent Agenda Items 4 through 8. Motion passed unanimously. REGULAR SESSION 9. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 5, 2016, as Day of Prayer in Trophy Club; and providing an effective date (I. Thomas). Mayor Sanders read the proclamation into the record. Motion: Motion made by Council Member Reed, seconded by Council Member Rowe, to approve Proclamation No. 2016- 06, declaring May 5, 2016, as Day of Prayer in Trophy Club; and providing an effective date of April 26, 2016. Motion passed unanimously. Irma Thomas, NDP Task Force Coordinator, stated that she has headed this observance for 24 years. She advised that the observance would be held at the Fellowship United Methodist Church on May 5, 2016, at noon. 10. Consider and take appropriate action regarding accepting the Nominations from the Committee and recognizing the 2015 Citizen of the Year Nominees and announce the recipients; discussion of same (Staff). Council Member Shoffner recognized the 2015 Adult Citizen of the Year nominees: Matt Tibbits Lou Hocker Kelly Castonguay Mayor Sanders announced Kelly Castonguay as the 2015 Adult Citizen of the Year Award recipient, and presented her with a certificate and plaque. Additionally, he presented Matt Tibbits and Lou Hocker with a certificate. Council Member Rowe recognized the 2015 Youth Citizen of the Year nominees: Ryleigh Murray Braely Krautsch Scott Hoppes Mayor Sanders announced Scott Hoppes as the 2015 Youth Citizen of the Year recipient, and presented him with a certificate and plaque. Additionally, he presented Braely Krautsch and Ryleigh Murray with a certificate. Mayor Sanders stated that the Volunteer Appreciation Reception would be held at the Trophy Club Country Club on May 20, 2016, at 6 p.m. Motion: Motion made by Council Member Rowe, seconded by Council Member Kurtz, to accept the nominees from the Citizen of the Year Committee; name Kelly Castonguay as the 2015 Adult Citizen of the Year; and name Scott Hoppes as the 2015 Youth Citizen of the Year. Motion passed unanimously. Town Council Minutes April 26, 2016 Page 3 of 8 Town CouncilPage 10 of 73Meeting Date: May 23, 2016 RECESSED AT 7:51 P.M. FOR A BREAK RECONVENED AT 7:57 P.M. INTO REGULAR SESSION 11. Discussion and recommendation regarding approval of the Site Plan for the new Trophy Club Town Hall facility located at One Trophy Wood Drive on Lot 4, Block B, Trophy Wood Business Center, Case SP-16-036 (Staff). Town Planner Ruthven advised that the plans met the requirements of the Town’s Code of Ordinances and the GU zoning district with the following exception: The Code of Ordinances requires a minimum eight (8) foot masonry wall to be constructed between non-residential uses and residential uses. He stated that a waiver would need to be granted for the masonry wall. Additionally, he advised that the Planning and Zoning (P&Z) Commission approved the item at their April 21, 2016 meeting with the following conditions: 1) Recommend that a waiver to the required screening wall along the common boundary with existing residentially zoned property be granted; and 2) That the fenced enclosure around the dog run be constructed as a wrought iron fence. Council Member Shoffner advised that he met with Susan Edstrom, Chair of the Animal Shelter Advisory Board, and Kelly Akin, Animal Control Officer, and that they both recommended that the fence around the dog run be chain-link because dogs could squeeze through wrought iron fencing. Discussion took place that the Animal Control portion of the building will be user friendly for volunteers and for citizens to pick up their dogs, and that access will be granted for volunteers to access the dog run. Susan Edstrom, Chair of the Animal Shelter Advisory Board, requested that the dog run have proper lighting for when dogs are taken out during the night. She stated that the chain-link fence would extend into the ground, which would prevent dogs from digging out. Motion: Motion made by Council Member Rowe, seconded by Council Member Reed, to approve the Site Plan for the new Trophy Club Town Hall facility located at One Trophy Wood Drive on Lot 4, Block B, Trophy Wood Business Center, Case SP-16-036, to include: 1) Granting a waiver to the required screening wall along the common boundary with existing residentially zoned property, as recommended by the P&Z Commission; and 2) Retain the chain-link fence for the dog run as specified in the plan. Motion passed unanimously. 12. Discussion of and provide direction to Staff regarding aesthetics for the Texas Department of Transportation (TxDOT) sound wall along State Highway 114; discussion of same (Staff). Town Planner Ruthven advised that this item was to receive final direction from Council regarding the aesthetics of the sound wall for the side that would face State Highway 114. He stated that a letter was sent to the residents that were identified through the noise analysis as benefit receptors to the project. The majority of those residents responded that they wanted the sound wall. Those residents are currently being polled for their preference of the wall texture and color that would face their homes. He presented options to the Council for the wall texture, which consisted of Fractured Fin, Ashlar Stone, and brick, and for the wall color, which consisted of Town Hall Tan, dark chocolate brown, light grey, and dark grey. Nancy Cline, TxDOT Denton County Area Engineer, stated that the contractor typically requests to remove the coping, which is the top and bottom border of the wall. Mayor Sanders received consensus from the Council to proceed with Ashlar Stone for the external texture, to exclude the option of coping, and to move forward with the color Town Hall Tan. Town Council Minutes April 26, 2016 Page 4 of 8 Town CouncilPage 11 of 73Meeting Date: May 23, 2016 Nelson Underwood, TxDOT Project Manager, commented that the decision to proceed with a form liner would need to be done simultaneously with the color and texture options in order for it to be incorporated into the design. Additionally, he advised that the berm would block the visibility of the wall. Discussion took place not to proceed with pursuing form liners for the sound wall, Item No. 10, Discussion of form liners for the sound wall along State Highway 114, from the Town Council Future Agenda Items list. 13. Consider and take appropriate action regarding a Maintenance Agreement between the Town and TxDOT; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to approve a Maintenance Agreement between the Town and TxDOT; and authorizing the Mayor or his designee to execute all necessary documents. Motion passed unanimously. 14. Consider and take appropriate action regarding the Fiscal Year 2016 Parks projects; receive an update from Staff; discussion of same (Staff). Assistant Town Manager/CFO Glickman briefed the Council regarding the 11 projects that were part of the Fiscal Year 2016 Parks budget, which were included in the Town Council Agenda Packet. Motion: Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to allocate an additional $8,000 for the toddler playground at Harmony Park by using the remaining funds from the line item for the bleacher replacement. Motion passed unanimously. Discussion took place regarding options to rehabilitate eight to ten cul-de-sac medians that are not irrigated. Additional discussion ensued regarding the possibility of raising the water level at the Splash Pad to assist with the runouts being slightly underwater. Council Member Shoffner recommended that future Park projects possibly be completed during the Winter season due to increased events that are held during the Summer season. Council Member Rowe suggested placing a sign with an estimated completion time at Park projects that are under construction. 15. Receive an update and provide direction to Staff regarding House Bill 157 and Senate Bill 1760; discussion of same (Staff). Assistant Town Manager/CFO Glickman provided an update regarding House Bill 157, which eliminates the cap of one (1) percent for general sales taxes and caps on special districts to allow the governing body to call an election to allocate the sales tax in the most beneficial way to that particular government. The Town must stay within the two (2) percent overall cap, but it allows a myriad of possibilities within the overall cap. Additionally, he provided an update regarding Senate Bill 1760, which requires governments that are proposing a tax rate above the effective tax rate to do so with a minimum of 60 percent approval. For the Town of Trophy Club, five of the seven Council Members must vote in favor of a proposed tax rate in order to ratify that rate. In addition, the Bill would require additional language be added to notices and ballots when a tax rate exceeding the effective rate is proposed. The required language must state what the additional tax revenue is to be used to fund. Town Council Minutes April 26, 2016 Page 5 of 8 Town CouncilPage 12 of 73Meeting Date: May 23, 2016 Mayor Sanders requested to have additional information provided from the Bond Council, regarding HB 157, to be considered by the Council at a later time since the item would be required to be presented to the voters of the Town through an election. No action was taken on this item. 16. Consider and take appropriate action regarding the Mid-Year Financial Report for Fiscal Year 2016 (Staff). Assistant Town Manager/CFO Glickman provided an update for the item and stated that overall the Town is in outstanding financial shape with approximately 77 percent of the revenue received in the general fund against 43 percent expenditures in the general fund. Council Member Shoffner inquired about the timeframe for when the Town usually receives reimbursement from Northwest Independent School District (NISD) for the School Resource Officer (SRO) program. Additionally, he asked about the collection of the EMS Runs revenue since it was down by seven (7) percent from last year; and based on Trophy Club Municipal Utility District (TCMUD) No. 1 information, they had 172 runs in 2015 and 168 runs in 2016. Assistant Town Manager/CFO Glickman stated that the Town typically receives reimbursement from NISD at the beginning of the year and that invoices have recently been sent to NISD. Additionally, he explained that past due collections are handled through a third party collection agency for accounts that are past due by six (6) months. He advised that the company that the Town was using went out of business and Staff is now in the process of obtaining another company. Mayor Sanders advised that he spoke with Tim McClure, District Architect and Planner with NISD, and that they are examining their participation with Lakeview Fields. No action was taken on this item. 17. Consider and take appropriate action regarding an Ordinance amending various provisions of Article 2.01, “General Provisions” of Chapter 2, “Animal Control” of the Town of Trophy Club Code of Ordinances adopting provisions regulating the keeping of Fowl within the Town; providing a penalty not to exceed $2,000 for each offense; and providing an effective date (Staff). Council Member Shoffner inquired about the charge for the coop construction permit fee since currently there is not a fee for that within the schedule of fees. Town Attorney Adams stated that they would implement the miscellaneous fee of $75 for general permits. Discussion took place regarding the heading of Item No. 3, Coop Required – Permit Required for Maximum Size, within Section 2.01.020, to possibly remove “for Maximum Size” because it leads a person to believe that they have to build to the maximum size. Council Member Shoffner preferred to have a registration fee instead of a coop construction fee. Police Chief Arata explained that the fee was geared to be an inspection fee to ensure that the coop was placed in the appropriate location. Main Motion: Main Motion made by Council Member Rowe, seconded by Council Member Reed, to approve Ordinance No. 2016-17, amending various provisions of Article 2.01, “General Provisions” of Chapter 2, “Animal Control” of the Town of Trophy Club Code of Ordinances adopting provisions regulating the keeping of Fowl within the Town; providing a penalty not to exceed $2,000 for each offense; and providing an effective date of April 26, 2016 with the amendments being as follows: Use the definitions of Coop and Fowl within Section 2.01.001 as defined in the packet, and use the definition of Nuisance within Section 2.01.020 as defined in the packet. Town Council Minutes April 26, 2016 Page 6 of 8 Town CouncilPage 13 of 73Meeting Date: May 23, 2016 Council Member Rowe explained that he excluded Item No. 3, Coop Required – Permit Required for Maximum Size, because regulations are currently in place for structures that are 120 square feet and that the nuisance section would cover possible issues for concerned adjoining property owners. Motion to Amend: Motion to Amend made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to amend Item No. 4, Location and Other Requirements for Coops, bullet point No. 2, within Section 2.01.020, to read as follows: Be located a minimum of ten feet (10’) from rear and side lot lines and shall not be located within 100 feet (100’) of any residents, business or commercial establishment, or office or school. Motion to Amend failed for lack of majority 2-4-0 with Mayor Pro Tem Lamont and Council Member Shoffner voting for, and Mayor Sanders and Council Members Reed, Rowe, and Kurtz voting against. Motion to Amend: Motion to Amend made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to add another bullet point to Item No. 4, Location and Other Requirements for Coops, within Section 2.01.020, to read: This section shall not apply to pet birds kept within residential or commercial structures, nor shall it apply to bird houses for the keeping of migrating or wild birds. Motion passed unanimously. Discussion ensued that the Main Motion removed the portion that would require that the coop be present, which would include chicken runs, and that the intent was to institute the definition of a nuisance. The vote for the Main Motion as Amended was taken, to approve Ordinance No. 2016-17, amending various provisions of Article 2.01, “General Provisions” of Chapter 2, “Animal Control” of the Town of Trophy Club Code of Ordinances adopting provisions regulating the keeping of Fowl within the Town; providing a penalty not to exceed $2,000 for each offense; and providing an effective date of April 26, 2016 with the amendments being as follows: Use the definitions of Coop and Fowl within Section 2.01.001 as defined in the packet, and use the definition of Nuisance within Section 2.01.020 as defined in the packet; to add another bullet point to Item No. 4, Location and Other Requirements for Coops, within Section 2.01.020, to read: This section shall not apply to pet birds kept within residential or commercial structures, nor shall it apply to bird houses for the keeping of migrating or wild birds. Motion passed unanimously. 18. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for May 10, 2016 meeting; and discussion of the Town Council Future Agenda Items list, to include discussion of the below items from the Future Agenda Items list: This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. A) Item No. 7 - Discussion and consideration of laws related to texting while driving inside the Town. (Reed 1/26/2016) (1-April 26, 2016) Town Manager Seidel advised that Town Staff are continuing to work on this item. B) Item No. 8 - Discussion of Interlocal Agreements with TCMUD No. 1 for Fire services and building services such as trash, drainage, etc. (Sanders 1/26/2016) (1-April 26, 2016) Town Manager Seidel advised that he had a meeting scheduled later in the week with the TCMUD No. 1 General Manager and that he would provide an update afterwards. Town Council Minutes April 26, 2016 Page 7 of 8 Town CouncilPage 14 of 73Meeting Date: May 23, 2016 Mayor Sanders stated that he was concerned that the TCMUD No. 1 had not provided direction regarding the termination of the Interlocal Agreement (ILA) for Fire Department Personnel Services. He requested to have an item on the next Council agenda to begin dealing with the ILA since the Town is under a deadline of September 30, 2016. Additionally, he advised that the TCMUD No. 1 terminated the ILA for Contractual Personnel Services, which included billing service for trash and drainage. Council Member Shoffner stated that the Town has an obligation and responsibility to explore other opportunities. Council Member Reed requested to add the following item to the Town Council Future Agenda Items list: Receive a presentation regarding options for Fire and EMS. 2. Consider and take appropriate action regarding the Executive Session. (Town Secretary Note: Mayor Sanders brought back Agenda Item No. 2) Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to remove the item from the table and reconvene into Executive Session. Motion passed unanimously. RECONVENED INTO EXECUTIVE SESSION 1. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee and Section 551.071 (1) and (2) Consultation with Attorney seeking advice of its attorney regarding pending or contemplated litigation or a settlement offer or to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act. 1. Patricia Adams, Town Attorney CONVENED INTO EXECUTIVE SESSION - START TIME – 9:52 P.M. RECONVENED INTO REGULAR SESSION - START TIME – 11:41 P.M. RECONVENED INTO REGULAR SESSION 2. Consider and take appropriate action regarding the Executive Session. Motion: Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, that pursuant to the Council’s review of Town Attorney Adams, that the Council document the items that were discussed for goals and objectives. Motion passed unanimously. ADJOURN Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to adjourn the meeting at 11:43 p.m. Motion passed unanimously. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes April 26, 2016 Page 8 of 8 Town CouncilPage 15 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-275-T Version:1 Name: Type:Agenda Item Status:Consent Agenda File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas, approving a negotiated settlement between the Atoms Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the Company’s 2016 Rate Review Mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest; requiring the company’s ACSC’s reasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirements of the Texas open meetings act; adopting a savings clause declaring an effective date; and requiring delivery of the ordinance to the company and the ACSC’s legal counsel; and providing an effective date (Staff). Attachments:Staff Report - Atmos.pdf ORD 2016-20 - ACSC.pdf DateVer.Action ByActionResult ConsiderandtakeappropriateactionregardinganOrdinanceoftheTownofTrophyClub,Texas,approvinganegotiated settlementbetweentheAtomsCitiesSteeringCommittee(“ACSC”)andAtmosEnergyCorp.,Mid-TexDivisionregarding theCompany’s2016RateReviewMechanismfilings;declaringexistingratestobeunreasonable;adoptingtariffsthat reflectrateadjustmentsconsistentwiththenegotiatedsettlement;findingtheratestobesetbythesettlementtariffstobe justandreasonableandinthepublicinterest;requiringthecompany’sACSC’sreasonableratemakingexpenses; determiningthatthisordinancewaspassedinaccordancewiththerequirementsoftheTexasopenmeetingsact; adoptingasavingsclausedeclaringaneffectivedate;andrequiringdeliveryoftheordinancetothecompanyandthe ACSC’s legal counsel; and providing an effective date (Staff). Town CouncilPage 16 of 73Meeting Date: May 23, 2016 To: Mayor and Town Council From:Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary/RMO Re: Atmos Rate Settlement Town Council Meeting, May 23, 2016 Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas, approving a negotiated settlement between the Atoms Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the Company’s 2016 Rate Review Mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest; requiring the company’s ACSC’s reasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirements of the Texas open meetings act; adopting a savings clause declaring an effective date; and requiring delivery of the ordinance to the company and the ACSC’s legal counsel; and providing an effective date (Staff). Explanation: The Town, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that allows Atmos to bypass the Town’s rate regulatory authority to increase its rates annually to recover capital investments. The RRM Tariff has been modified several times, most recently in 2013. The 2016 RRM filing is the fourth RRM filing under the renewed RRM Tariff. On March 1, 2016, Atmos made a filing requesting $35.4 million additional revenues on a system-wide basis. Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the Company requesting $28.6 million from other municipalities. Environs customers (ratepayers outside municipal limits) remain under the Railroad Commission’s exclusive original jurisdiction and have their rates set through the GRIP process. If the Company had used the GRIP process rather than the RRM process it would have received a Town CouncilPage 17 of 73Meeting Date: May 23, 2016 $41 million increase, or about $11 million more than will be approved by the Ordinance. ACSC and the Company have reached an agreement, reflected in the Ordinance, to reduce the Company’s request by $5.5 million, such that the Ordinance approving new rates reflects an increase of $29.9 million on a system-wide basis, or $21.9 million for Mid-Tex Cities, exclusive of the City of Dallas. The tariffs attached to the Ordinance approve rates that will increase the Company’s revenues by $29.9 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, 2016. The monthly residential customer charge will be $19.10. The consumption charge will be $0.11378 per Ccf. The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an increase of $1.26, or about 2.43%. The typical commercial customer will see an increase of $3.81, or 1.43%. Attached to this Model Staff Report is a summary of the impact of new rates on the average bills of all customer classes. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all Cities adopt the Ordinance with its attachments approving the negotiated rate settlement resolving the 2016 RRM filing, and implementing the rate change. Explanation of “Be It Ordained” Sections: This section approves all findings in the Ordinance. 1. This section finds the settled amount of $29.9 million to be a comprehensive settlement 2. of gas utility rate issues arising from Atmos Mid-Tex’s 2016 RRM filing, and that such settlement is in the public interest and is consistent with the Town’s statutory authority. This section finds the existing Atmos Mid-Tex rates to be unreasonable, and approves the 3. new tariffed rates providing for additional revenues over currently billed rates of $29.9 million and adopts the attached new rate tariffs (Attachment A). This section establishes the baseline for pensions and other post-employment benefits for 4. future rate cases (Attachment C). This section requires the Company to reimburse Cities for reasonable ratemaking costs 5. associated with reviewing and processing the RRM filing. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 6. This section finds that the meeting was conducted in compliance with the Texas Open 7. Meetings Act, Texas Government Code, Chapter 551. This section is a savings clause, which provides that if any section(s) is later found to be 8. unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. This section provides for an effective date upon passage, whichaccording to the Cities’ 9. ordinance that adopted the RRM process, is June 1, 2016. This paragraph directs that a copy of the signed Ordinance be sent to a representative of 10. the Company and legal counsel for the Steering Committee. Page 2 of 3 Town CouncilPage 18 of 73Meeting Date: May 23, 2016 Attachments: Ordinance No. 2016-20 Recommendation: Staff recommends approval of OrdinanceNo.2016-20 as presented. Page 3 of 3 Town CouncilPage 19 of 73Meeting Date: May 23, 2016 TOWN OF TROPHY CLUB ORDINANCE NO. 2016-20 AN ORDINANCE OF THE TOWNCOUNCIL OF THE TOWNOF TROPHY CLUB, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERINGCOMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEXDIVISION REGARDING THE COMPANY’S 2016 RATE REVIEW MECHANISM FILINGS; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECTRATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BESET BY THE SETTLEMENTTARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING THE COMPANY TO REIMBURSE ACSC’SREASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE;DECLARING AN EFFECTIVE DATE;AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’SLEGAL COUNSEL. WHEREAS , the Townof Trophy Club, Texas (“Town”) is a gas utility customer of Atmos Energy Corp., Mid-TexDivision (“AtmosMid-Tex” or “Company”), and a regulatory authority with an interest in the rates and charges of AtmosMid-Tex; and WHEREAS , the Townis a member of the AtmosCities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex(“ACSC Cities”)that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Texservice area; and WHEREAS ,ACSCand the Company worked collaboratively to develop a new Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process byACSCCities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSCCities based on the system-wide cost of serving the Atmos Mid-TexDivision; and WHEREAS , on March 1, 2016, Atmos Mid-Tex filed its 2016 RRM rate request with ACSC Cities; and WHEREAS ,ACSCcoordinated its review of the Atmos Mid-Tex2016 RRMfiling through its Executive Committee, assisted by ACSC’sattorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS , the ExecutiveCommittee, as well as ACSC’scounseland consultants, recommend that ACSCCities approve an increase in base ratesfor Atmos Mid-Texof $29.9 million on a system-wide basis; and Town CouncilPage 20 of 73Meeting Date: May 23, 2016 WHEREAS , the attached tariffs implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS , the RRM Tariff contemplates reimbursement of ACSC’sreasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT ORDAINED BY THE TOWNCOUNCIL OF THE TOWNOF TROPHY CLUB, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the TownCouncil finds that the settled amount of an increase in revenues of $29.9 million on a system-wide basisrepresentsa comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limitsarising from Atmos Mid-Tex’s 2016RRM filing is in the public interest, and is consistent with the Town’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That the existing rates for natural gas service provided by Atmos Mid-Texare unreasonable. Thenew tariffs attached hereto and incorporated herein as Attachment A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $29.9million in revenue over the amount allowed under currently approved rates, as shown in the Proof of Revenuesattached hereto and incorporated herein as Attachment B; such tariffsare hereby adopted. Section 4. That the ratemaking treatment for pensions and other post- employment benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment C, attached hereto and incorporated herein. Section 5. That Atmos Mid-Texshall reimburse the reasonable ratemaking expenses of the ACSCin processing the Company’s 2016 RRMfiling. Section 6. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 7. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance withthe Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 8. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. ORD 2016-20Page 2 of 3 Town CouncilPage 21 of 73Meeting Date: May 23, 2016 Section 9. That consistent with the TownOrdinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or afterJune 1,2016. Section 10. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-TexDivision, Atmos Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240,and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C.,816 Congress Avenue, Suite1900, Austin, Texas 78701. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 23rdday of May 2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas ORD 2016-20Page 3 of 3 Town CouncilPage 22 of 73Meeting Date: May 23, 2016 Attachment A MID-TEXDIVISIONRRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:R–RESIDENTIALSALES ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF APPLICABLETO: DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2016PAGE:12 Application ApplicabletoResidentialCustomersforallnaturalgasprovidedatonePointofDeliveryandmeasured throughonemeter. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'smonthlybillwillbecalculatedbyaddingthefollowingCustomerandCcfchargestothe amountsdueundertheriderslistedbelow: ChargeAmount CustomerChargeperBill$19.10permonth 1 RiderCEESurcharge$0.02permonth TotalCustomerCharge $19.12permonth CommodityCharge–AllCcf$0.11378perCcf GasCostRecovery:Plusanamountforgascostsandupstreamtransportationcostscalculated inaccordancewithPart(a)andPart(b),respectively,ofRiderGCR. WeatherNormalizationAdjustment:PlusorMinusanamountforweathernormalization calculatedinaccordancewithRiderWNA. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). Agreement AnAgreementforGasServicemayberequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. 1 ReferenceRiderCEE-ConservationandEnergyEfficiencyasapprovedinGUD10170.SurchargebillingeffectiveJuly1,2015. Town CouncilPage 23 of 73Meeting Date: May 23, 2016 Attachment A MID-TEXDIVISIONRRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:C–COMMERCIALSALES ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF APPLICABLETO: DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2016PAGE:13 Application ApplicabletoCommercialCustomersforallnaturalgasprovidedatonePointofDeliveryandmeasured throughonemeterandtoIndustrialCustomerswithanaverageannualusageoflessthan30,000Ccf. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'smonthlybillwillbecalculatedbyaddingthefollowingCustomerandCcfchargestothe amountsdueundertheriderslistedbelow: ChargeAmount CustomerChargeperBill$41.75permonth 1 RiderCEESurcharge$0.02permonth TotalCustomerCharge $41.77permonth CommodityCharge–AllCcf$0.08494perCcf GasCostRecovery:Plusanamountforgascostsandupstreamtransportationcostscalculated inaccordancewithPart(a)andPart(b),respectively,ofRiderGCR. WeatherNormalizationAdjustment:PlusorMinusanamountforweathernormalization calculatedinaccordancewithRiderWNA. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). Agreement AnAgreementforGasServicemayberequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. 1ReferenceRiderCEE-ConservationandEnergyEfficiencyasapprovedinGUD10170.SurchargebillingeffectiveJuly1,2015. Town CouncilPage 24 of 73Meeting Date: May 23, 2016 Attachment A MID-TEXDIVISIONRRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:I–INDUSTRIALSALES ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF APPLICABLETO: DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2016PAGE:14 Application ApplicabletoIndustrialCustomerswithamaximumdailyusage(MDU)oflessthan3,500MMBtuperday forallnaturalgasprovidedatonePointofDeliveryandmeasuredthroughonemeter.Servicefor IndustrialCustomerswithanMDUequaltoorgreaterthan3,500MMBtuperdaywillbeprovidedat Company'ssoleoptionandwillrequirespecialcontractarrangementsbetweenCompanyandCustomer. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'smonthlybillwillbecalculatedbyaddingthefollowingCustomerandMMBtuchargestothe amountsdueundertheriderslistedbelow: ChargeAmount CustomerChargeperMeter$738.00permonth First0MMBtuto1,500MMBtu$0.3096perMMBtu Next3,500MMBtu$0.2267perMMBtu AllMMBtuover5,000MMBtu$0.0486perMMBtu GasCostRecovery:Plusanamountforgascostsandupstreamtransportationcostscalculated inaccordancewithPart(a)andPart(b),respectively,ofRiderGCR. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). CurtailmentOverpullFee UponnotificationbyCompanyofaneventofcurtailmentorinterruptionofCustomer’sdeliveries, Customerwill,foreachMMBtudeliveredinexcessofthestatedlevelofcurtailmentorinterruption,pay Company200%ofthemidpointpricefortheKatypointlistedinPlattsGasDailypublishedforthe applicableGasDayinthetableentitled“DailyPriceSurvey.” ReplacementIndex Intheeventthe“midpoint”or“common”pricefortheKatypointlistedinPlattsGasDailyinthetable entitled“DailyPriceSurvey”isnolongerpublished,Companywillcalculatetheapplicableimbalancefees utilizingadailypriceindexrecognizedasauthoritativebythenaturalgasindustryandmostclosely approximatingtheapplicableindex. Town CouncilPage 25 of 73Meeting Date: May 23, 2016 Attachment A MID-TEXDIVISIONRRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:I–INDUSTRIALSALES ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF APPLICABLETO: DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2016PAGE:15 Agreement AnAgreementforGasServicemayberequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. SpecialConditions InordertoreceiveserviceunderRateI,CustomermusthavethetypeofmeterrequiredbyCompany. CustomermustpayCompanyallcostsassociatedwiththeacquisitionandinstallationofthemeter. Town CouncilPage 26 of 73Meeting Date: May 23, 2016 Attachment A MID-TEXDIVISIONRRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:T–TRANSPORTATION ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF APPLICABLETO: DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2016PAGE:16 Application Applicable,intheeventthatCompanyhasenteredintoaTransportationAgreement,toacustomer directlyconnectedtotheAtmosEnergyCorp.,Mid-TexDivisionDistributionSystem(Customer)forthe transportationofallnaturalgassuppliedbyCustomerorCustomer’sagentatonePointofDeliveryfor useinCustomer'sfacility. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'sbillwillbecalculatedbyaddingthefollowingCustomerandMMBtuchargestotheamounts andquantitiesdueundertheriderslistedbelow: ChargeAmount CustomerChargeperMeter$738.00permonth First0MMBtuto1,500MMBtu$0.3096perMMBtu Next3,500MMBtu$0.2267perMMBtu AllMMBtuover5,000MMBtu$0.0486perMMBtu UpstreamTransportationCostRecovery:Plusanamountforupstreamtransportationcostsin accordancewithPart(b)ofRiderGCR. RetentionAdjustment:PlusaquantityofgasascalculatedinaccordancewithRiderRA. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). ImbalanceFees AllfeeschargedtoCustomerunderthisRateSchedulewillbechargedbasedonthequantities determinedundertheapplicableTransportationAgreementandquantitieswillnotbeaggregatedforany CustomerwithmultipleTransportationAgreementsforthepurposesofsuchfees. MonthlyImbalanceFees CustomershallpayCompanythegreaterof(i)$0.10perMMBtu,or(ii)150%ofthedifferenceperMMBtu betweenthehighestandlowest“midpoint”pricefortheKatypointlistedinPlattsGasDailyinthetable entitled“DailyPriceSurvey”duringsuchmonth,fortheMMBtuofCustomer’smonthlyCumulative Imbalance,asdefinedintheapplicableTransportationAgreement,attheendofeachmonththatexceeds 10%ofCustomer’sreceiptquantitiesforthemonth. Town CouncilPage 27 of 73Meeting Date: May 23, 2016 Attachment A MID-TEXDIVISIONRRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:T–TRANSPORTATION ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF APPLICABLETO: DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2016PAGE:17 CurtailmentOverpullFee UponnotificationbyCompanyofaneventofcurtailmentorinterruptionofCustomer’sdeliveries, Customerwill,foreachMMBtudeliveredinexcessofthestatedlevelofcurtailmentorinterruption,pay Company200%ofthemidpointpricefortheKatypointlistedinPlattsGasDailypublishedforthe applicableGasDayinthetableentitled“DailyPriceSurvey.” ReplacementIndex Intheeventthe“midpoint”or“common”pricefortheKatypointlistedinPlattsGasDailyinthetable entitled“DailyPriceSurvey”isnolongerpublished,Companywillcalculatetheapplicableimbalancefees utilizingadailypriceindexrecognizedasauthoritativebythenaturalgasindustryandmostclosely approximatingtheapplicableindex. Agreement Atransportationagreementisrequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. SpecialConditions InordertoreceiveserviceunderRateT,customermusthavethetypeofmeterrequiredbyCompany. CustomermustpayCompanyallcostsassociatedwiththeacquisitionandinstallationofthemeter. Town CouncilPage 28 of 73Meeting Date: May 23, 2016 Attachment A MID-TEXDIVISION ATMOSENERGYCORPORATION RIDER:WNA–WEATHERNORMALIZATIONADJUSTMENT ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF APPLICABLETO: DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter11/01/2016PAGE:41 ProvisionsforAdjustment TheCommodityChargeperCcf(100cubicfeet)forgasservicesetforthinanyRateSchedulesutilized bythecitiesoftheMid-TexDivisionserviceareafordeterminingnormalizedwinterperiodrevenuesshall beadjustedbyanamounthereinafterdescribed,whichamountisreferredtoasthe"Weather NormalizationAdjustment."TheWeatherNormalizationAdjustmentshallapplytoalltemperature sensitiveresidentialandcommercialbillsbasedonmetersreadduringtherevenuemonthsofNovember throughApril.ThefiveregionalweatherstationsareAbilene,Austin,Dallas,Waco,andWichitaFalls. ComputationofWeatherNormalizationAdjustment TheWeatherNormalizationAdjustmentFactorshallbecomputedtothenearestone-hundredthcent perCcfbythefollowingformula: (HSFx(NDD-ADD)) i WNAF=R ii (BL+(HSFxADD)) ii Where i=anyparticularRateScheduleorbillingclassificationwithinanysuch particularRateSchedulethatcontainsmorethanonebillingclassification th WNAF=WeatherNormalizationAdjustmentFactorfortheiratescheduleor i classificationexpressedincentsperCcf th R=CommodityChargerateoftemperaturesensitivesalesfortheischeduleor i classification. th HSF=heatsensitivefactorfortheischeduleorclassificationdividedbythe i averagebillcountinthatclass NDD=billingcyclenormalheatingdegreedayscalculatedasthesimpleten-year averageofactualheatingdegreedays. ADD=billingcycleactualheatingdegreedays. th Bl=baseloadsalesfortheischeduleorclassificationdividedbytheaverage i billcountinthatclass TheWeatherNormalizationAdjustmentforthejthcustomerinithratescheduleiscomputedas: WNA=WNAFxq iiij Whereqistherelevantsalesquantityforthejthcustomerinithrateschedule. ij Town CouncilPage 29 of 73Meeting Date: May 23, 2016 Attachment A MID-TEXDIVISION ATMOSENERGYCORPORATION RIDER:WNA–WEATHERNORMALIZATIONADJUSTMENT ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF APPLICABLETO: DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter11/01/2016PAGE:42 BaseUse/HeatUseFactors ResidentialCommercial BaseuseHeatuseBaseuseHeatuse WeatherStationCcfCcf/HDDCcfCcf/HDD Abilene10.090.139298.010.6440 Austin11.210.1551203.360.8564 Dallas13.720.2048189.830.9984 Waco9.890.1411129.750.6695 Wichita11.490.1506122.350.5967 Falls WeatherNormalizationAdjustment(WNA)Report OnorbeforeJune1ofeachyear,thecompanypostsonitswebsiteatatmosenergy.com/mtx-wna,in Excelformat,aWeatherNormalizationAdjustment(WNA)Reporttoshowhowthecompanycalculated itsWNAsfactorduringtheprecedingwinterseason.Additionally,onorbeforeJune1ofeachyear,the companyfilesonehardcopyandanExcelversionoftheWNAReportwiththeRailroadCommissionof Texas'GasServicesDivision,addressedtotheDirectorofthatDivision. Town CouncilPage 30 of 73Meeting Date: May 23, 2016 RatesProposedRevenues 971,117 339,813,67394,839,97061,390,26847,065,9847,039,8153,215,7472,597,042556,933,616 WP_J-5Page2of4 WithCustomerChargesRoundedOffandresidentialbasechargeincreasefor2015limitedto$0.50perRRMtariff: (k) Attachment BProof of Revenues 2016 23, May $$ 19.0812,061,2970.113782,697,16241.702,626,4750.084940.0486 378,728737.00165,1500.3096132,8880.2267 Date: Proposed (j) Meeting $$$$$$$$ 9,335,27849,95527,446,933 ChangeIn Revenues Proposed (i) $$ ProposedChange 0.520.014471.830.0047439.650.01590.01160.0025 (h) $$$$$$$$ 172,167I&TConsumptionChargeTier1MMBTU139,070I&TConsumptionChargeTier2MMBTUI&TConsumptionChargeTier3MMBTU 2,662,423CommercialConsumptionCharge 12,837,933ResidentialConsumptionCharge 2,662,423CommercialBaseCharge ResidentialBaseCharge (g) 363,224I&TBaseCharge Ln1dividedbyfactoronWP_F-5.1 77.95%PerGUD10170FinalOrder84,223,62219.40%PerGUD10170FinalOrder11,490,3162.65%PerGUD10170FinalOrder of 73 31 (c)(d)(e)(f) Page CurrentProspectiveRevenues 8,558,62251,98827,447,850 ScheduleA 16WithProportionalIncreaseallclassesbutResidentialanda40%residentialbasechargeincrease: $ $ RevenueRequirementsAllocations 29,603,20527,447,8500.480.015401.810.0048038.030.01660.01210.0026 PROPOSEDTARIFFSTRUCTURE(BEFORERATECASEEXPENSERECOVERY) $$$$$$$$ $$ 0.0993139.870.08020697.350.29370.2151 338,431,486434,145,42418.560.0461 (b) 2ProposedChangeInRateswithoutRevenueRelatedTaxes: $$$$$$$$$$ 10NetRevenueRequirementsGUDNo.10170 ATMOSENERGYCORP.,MID-TEXDIVISION TESTYEARENDINGDECEMBER31,201525I&TConsumptionChargeTier1MMBTU26I&TConsumptionChargeTier2MMBTU 27I&TConsumptionChargeTier3MMBTU 23CommercialConsumptionCharge 21ResidentialConsumptionCharge 9IndustrialandTransportation 1ProposedChangeInRates: (a) 22CommercialBaseCharge 20ResidentialBaseCharge FileDate:March1,2016 Council 24I&TBaseCharge 8Commercial 7Residential Town 11121314152829 171819 3456 WP_F-2.3 Page1of2 Attachment C 2016 23, (4,048,856)(1,717,445)(3,561)(1,500,472)(2,331,412) 10,501,250 Adjustment (4,048,856)May 6,452,393 (g) Date: Total Meeting $$$$$ (1,500,472) 20.77%37.42% 4,466,4301,671,11940.56%40.56%71.52%100.00%71.52%2,695,721 MedicalPlan Retirement (1,500,472) - 1,195,248 ("FAS106") (f) Post- $$$$$$$ (3,561) 150,43331,24934,809 Mid-TexDirect Supplemental 214.GUDNo.10359isthebenchmarkforJanuary-MaywhichisthesamebenchmarkasusedintheRRMTYEDecember31,2014forJune-December. ExecutiveBenefit (3,561) - 31,249 Plan("SERP") (e) $$$$$$ $ (827,379) (827,379) 7,840,68396.41%96.41%37.42%2,933,5992,925,600 AccountPlan (827,379) - 2,098,222 Pension (d) ("PAP") PENSIONSANDRETIREEMEDICALBENEFITSADJUSTMENT $$$$$$ $ (880,601) (880,601) TESTYEARENDINGDECEMBER31,2015 2,896,4502,792,4732,013,260 ATMOSENERGYCORP.,MID-TEXDIVISION MedicalPlan Retirement (880,601) - 1,132,659 192.ThefactorsonLines2and4arebasedonthefactorsin2016RRM(TestYearEndingDecember31,2015). ("FAS106") (c) Post- SharedServices of 73 32 $$$$$$ $ 203.SSUamountsexcludecostcenterswhichdonotallocatetoMid-Texforratemakingpurposes. (836,844) (836,844) Page 5,101,6804,918,5402,831,859 AccountPlan (836,844) - 1,995,016 Pension (b) ("PAP") $$$$$$ $ Mid-TexBenefitsExpenseperGUD10359andRRMTestYearEnding (Ln3xLn4) 181.StudiesnotapplicabletoMid-TexorSharedServicesareomitted. FiscalYear2016ActuariallyDeterminedO&MBenefits(Ln1xLn2) 1FiscalYear2016TowersWatsonReportasadjusted(1),(3) Mid-TexBenefitsExpenseIncludedinRates-Proposed TestYearAdjustment(Line5minusLine7) Description (a) December31,2014Benchmark(4) 2O&MExpenseFactor(2) 4AllocationtoMid-Tex(2) 11AdjustmentSummary: Total(Ln12plusLn13) FileDate:March1,2016 12Account92213Account926 Council 17Notes: Town Line 1516 10 36789 No. 14 5 12,197,0817,677,254150,43312,197,0816,452,3935,744,68712,197,081 4,369,394 Adjustment Total (g) Attachment C 2016 23, May $$$$$$ Date: 4,466,43040.56%40.56%71.52%100.00%71.52%3,194,561100.00%100.00%100.00%100.00%100.00%3,194,5613,194,5613,194,56120.77%37.42%1,195,24879.23%62.58%1,999,3133,194,561 Post-Retirement MedicalPlan("FAS106") Meeting (f) $$$$$$ $$ 150,433150,433150,433150,433150,43331,249119,184150,433 Mid-TexDirect Plan("SERP") Supplemental ExecutiveBenefit (e) $$$$$$$$ PENSIONSANDRETIREEMEDICALBENEFITSFORCITIESAPPROVAL 96.41%96.41%37.42% 7,840,6835,607,9555,607,9555,607,9555,607,9552,098,2223.59%62.58%3,509,7335,607,955 AccountPlan ("PAP") Pension (d) TESTYEARENDINGDECEMBER31,2015 ATMOSENERGYCORP.,MID-TEXDIVISION $$$$$$$$ 1,174,8331,174,8331,174,8331,132,65942,1741,174,833 2,896,4501,174,833 Post-Retirement ("FAS106") MedicalPlan (c) SharedServices of 73 $$$$$$$$ 33 Page 3.59%74,283 5,101,6802,069,2992,069,2992,069,2992,069,2991,995,0162,069,299 AccountPlan ("PAP") Pension (b) $$$$$$ $$ FiscalYear2016TowersWatsonReport(excludingRemovedCost FY16TowersWatsonBenefitCosts(excludingRemovedCost FY16TowersWatsonBenefitCostsToApprove(excluding TotalSupplementalExecutiveRetirementPlan("SERP") TotalPost-RetirementMedicalPlan("FAS106") Centers)AllocatedtoMTX(Ln1xLn2) Description RemovedCostCenters)(Ln3xLn4) TotalPensionAccountPlan("PAP") (a) 4O&MandCapitalAllocationFactor 18ExpensePortion(Ln13xLn16) SummaryofCoststoApprove: 22CapitalPortion(Ln13xLn20) Total(Ln10+Ln11+Ln12) 16O&MExpenseFactor 24Total(Ln18+Ln22) 2AllocationtoMid-Tex 20CapitalFactor Council Centers) Town No. Line 1011141517192123 1213 1356789 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-276-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Consider and take appropriate action regarding a Proclamation of the Town Council declaring Tuesday, May 31, 2016 as Lt. Col. Norm "Jaws" Vuchetich Day in Trophy Club; and providing an effective date (N. Sanders). Attachments:PRO 2016-09 - Lt Col Norm Vuchetich Day.pdf DateVer.Action ByActionResult ConsiderandtakeappropriateactionregardingaProclamationoftheTownCouncildeclaringTuesday,May31,2016as Lt. Col. Norm "Jaws" Vuchetich Day in Trophy Club; and providing an effective date (N. Sanders). Town CouncilPage 34 of 73Meeting Date: May 23, 2016 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2016-09 A PROCLAMATION OF THE TOWN COUNCIL OF THETOWN OFTROPHY CLUB, TEXAS, ESTABLISHINGTHE DAY OF MAY31, 2016 AS LIEUTENANT COLONEL NORMAN “JAWS” VUCHETICH DAY IN THE TOWN OF TROPHY CLUB;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Lieutenant Colonel Norman “Jaws” Vuchetich was born in San Diego California. He began his military career as a cadet at the United States Air Force Academy in Colorado Springs, CO on June 24, 1992. Jaws was a member of Cadet Squadron 10 (Tiger Ten Huzzah!) and setter for the men’s volleyball team. He earned his BS in Astronautical Engineering with a Minor in Japanese and was commissioned on May 29, 1996; and WHEREAS,Lieutenant Colonel Vuchetich attended Columbus AFB, MS where he graduated No. 2 in class 98-08 from Undergraduate Pilot Training. His flying assignments include two operational tours in the F-15E, two Fighter Training Unit (FTU) instructor tours F-15E and an Operational Test and Evaluation tour in the F-15E at Combat Hammer. After 5 tours in the F-15E he pressed on to his final flying tour at Sheppard AFB, TX, as an instructor in the T-38C Introduction to Fighter Fundamentals (IFF); and WHEREAS,While stationed at RAF Lakenheath, England he wasassigned to the 494thBlack Panthers and flew his first combat sorties in support of Operations Allied Force and Joint Guardian in Kosovo. His tour was cut short by a few months to enable an ops-to-ops assignment atSeymour Johnson AFB, NC withthe 335thChiefs; and WHEREAS,He arrived from the UK in January2001 and began the upgrade to 2-ship flight lead in his new squadron. On September 11, 2001, he was the Supervisor of Flying, and launched out the First Strike Eagles to defend ournation’s capital. In the week that followed, he personally flew several missions around the clock while all civilian aircraft were grounded as part of Operation Noble Eagle. Jaws wasdeployed a few months later to take the fight to Al Qaeda in support of Operation Enduring Freedom. WHEREAS,Several notable sorties included the first use of the F-15E in emergency close air support and the first and only thermobaric weapon used in combat (anti-cave weapon). Jaws’ longest combat sortie was 12hoursin support of Special Operations Forces hunting the Taliban. He was awarded a single sortie Air Medal for his role in destroying a downed MC-130P loaded with sensitive materials. As part of Wing Weapons, Jaws deployed to Al Udeid, Qatarand setup the mission planning cell for what became Operation Iraqi Freedom. It was therethathe flew numerous sorties that removed the Republican Guard from defensive positions around Baghdad. He also earned a single sortie Air Medal for the removal of a battalion of Iraqi artillery as the US Army Forces advanced on the city; and WHEREAS, In 2004, Lieutenant Colonel Vuchetichwentfrom the 335thto the 334thEagles where he began to teach at the FTU. Jaws taught with the Eagles for 7 straight years and probably had a hand in teaching half of all the F-15E drivers and WSO’s still around today. WHEREAS,While at Combat Hammer, he was deployed as a Squadron Commander for the 704thExpeditionary Support Squadronand afterwards returned to SJAFB and the Eagles. There he was the Chief of Wing Inspections guiding the base through its first Operational Readiness Inspection in over 10 years. Jaws was promoted to Lieutenant Colonel PRO2016-09Page 1 of 2 Town CouncilPage 35 of 73Meeting Date: May 23, 2016 WHEREAS,Jawshas been at Sheppard AFB, TX for the last four and a half years molding the next generation of NATO fighter pilots. Hewasdeployedas the Deputy Director for Operations at Air Forces Central Command in Qatar; and WHEREAS,Lieutenant Colonel Vuchetich is a command pilot with nearly 3,000 flight hours in the F-15E, T-37, T-38A/C, and F-16. He has kicked down the door in every conflict the US has had in the past 20 years, dropped nearly every bomb in the inventory. Jawshas been given nearly 51 awards/decorations/medals, including The Distinguished Flying Cross with Valor, 3 Meritorious Service Medals, 5 Air Medals and many more. NOW, THEREFORE, I, MAYOR C. NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM MAY 31, 2016 AS: LIEUTENANT COLONEL NORMAN “JAWS” VUCHETICHDAY PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 23rdday of May2016. _______________________________ ________________________________ Holly Fimbres, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas PRO2016-09Page 2 of 2 Town CouncilPage 36 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-280-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Receive an update from Stars and Stripes regarding the upcoming 4th of July Parade; discussion of same (K. Castonguay). Attachments: DateVer.Action ByActionResult ReceiveanupdatefromStarsandStripesregardingtheupcoming4thofJulyParade;discussionofsame(K. Castonguay). Town CouncilPage 37 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-277-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Receive the Mayor's State of the Town Address; discussion of same (Staff). Attachments: DateVer.Action ByActionResult Receive the Mayor's State of the Town Address; discussion of same (Staff). Town CouncilPage 38 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-279-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Discussion of and provide direction to Staff regarding the disconnection and separation of the Highlands common area irrigation system from the Town’s irrigation system (Staff). Attachments:Staff Report - Highlands HOA Irrigation .pdf Presentation to HOA.pdf DateVer.Action ByActionResult DiscussionofandprovidedirectiontoStaffregardingthedisconnectionandseparationoftheHighlandscommonarea irrigation system from the Town’s irrigation system (Staff). Town CouncilPage 39 of 73Meeting Date: May 23, 2016 To: Mayor and Town Council From:Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Adam Adams, Parks and Recreation Director Holly Fimbres, Town Secretary/RMO Re: Highlands HOA Irrigation Town Council Meeting, May 23, 2016 Agenda Item: Discussion of and provide direction to Staff regarding the disconnection and separation of the Highlands common area irrigation system from the Town’s irrigation system. Explanation: Town staff has been working with the current Highland’s HOA Board to examine disconnection and separation of the Highland’s irrigation system from the Town’s irrigation system. During this process staff identified all the areas within the Highlands that would be affected by this operation. The portions of the Highlands irrigation that originally utilized water from the Town’s irrigation pond have utilized fresh water from the Town for approximately one year as the pump system was damaged by the flooding from Lake Grapevine. Prior to this event the pumps and mechanical systems associated with the production of water had experienced numerous difficulties including a reduction in water production. The complications arising from this system has provided additional impetus to seek ways to remove any private users from this system. Attachments: Presentation to HOA Page 1 of 1 Town CouncilPage 40 of 73Meeting Date: May 23, 2016 Town CouncilPage 41 of 73Meeting Date: May 23, 2016 Town CouncilPage 42 of 73Meeting Date: May 23, 2016 Town CouncilPage 43 of 73Meeting Date: May 23, 2016 Town CouncilPage 44 of 73Meeting Date: May 23, 2016 Town CouncilPage 45 of 73Meeting Date: May 23, 2016 Town CouncilPage 46 of 73Meeting Date: May 23, 2016 Town CouncilPage 47 of 73Meeting Date: May 23, 2016 Town CouncilPage 48 of 73Meeting Date: May 23, 2016 Town CouncilPage 49 of 73Meeting Date: May 23, 2016 Town CouncilPage 50 of 73Meeting Date: May 23, 2016 Town CouncilPage 51 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-288-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/18/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Consider and take appropriate action regarding the purchase and installation of a toddler playground and shade structure for Harmony Park; discussion of same (Staff). Attachments:Staff Report - Harmony Park.pdf Playground design and costs.pdf Safety swing.pdf Cozy Cocoon.pdf DateVer.Action ByActionResult Considerandtakeappropriateactionregardingthepurchaseandinstallationofatoddlerplaygroundandshadestructure for Harmony Park; discussion of same (Staff). Town CouncilPage 52 of 73Meeting Date: May 23, 2016 To: Mayor and Town Council From:Adam Adams, Parks and Recreation Director CC: Stephen Seidel, Town Manager Steven Glickman, Assistant Town Manager/CFO Holly Fimbres, Town Secretary/RMO Re: Toddler Playground for Harmony Park Town Council Meeting, May 23, 2016 Agenda Item: Consider and take appropriate action regarding the purchase and installation of a toddler playground and shade structure for Harmony Park; discussion of same (Staff). Explanation: The Parks and Recreation Board at their May 16, 2016 meeting provided unanimous input to move forward with the selected playground design from Playwell. Prior to this meeting Board Member Nimphius and Chairman Bilbrey worked on seeking user input concerning the playground specifics which helped the selection of the design components. The budgeted amount for this project isseventy thousand dollars ($70,000). At the April 26 Council meeting Councilman Shoffner requested an additional eight thousand ($8,000) be allocated to the project; Council unanimously approved the additional funds. Residents and Parks and Recreation Board members requested the additional funds go towards the purchase of a few interactive playground elements to be installed in addition to the main structure such as a safety swing. Attachments: Playground design and costs Safety swing Cozy Cocoon Page 1 of 1 Town CouncilPage 53 of 73Meeting Date: May 23, 2016 , Inc.011 Playworld Systems2 © 91609-1A4 ® , Inc.011 Playworld Systems2 © ® PLAYWORKS, INC. Toll Free: (800)726-1816 Free Fax: (800)560-9150 TexasCorporateOfficeArkansasSalesOfficeOklahomaSalesOfficeNewMexicoSalesOffice 4743IberiaAve.,SuiteC6929JFKBlvd.,Suite20165030NorthMay,Suite129ProcessingCenterPayments Dallas,TX75207N.LittleRock,AR76116OklahomaCity,OK731129430SanMateoBlvdNEUnitG Albuquerque,NM87113 TERMS AND CONDITIONS INVOICE TERMS Tax funded and bonded projects only Net 30 days. All other entities required 50% down and balance due upon completion. All past due amounts will be subject to a finance charge in accordance with the Texas Prompt Payment Act, Chapter 2251, Texas Government Code. OPEN ACCOUNT Credit terms are available to municipalities, government agencies, school systems, boned contractors, and businesses (with prior approved credit). To establish credit your organization must have a satisfactory rating with Dun & Bradstreet and provide three credit references. To establish credit, your initial order must total at least $10,000.00. 50% deposit is required on all orders from non-tax funded entities. Prepayment may be required for any order at PlayWorks, Inc. sole discretion. METHODS OF PAYMENTS MasterCard, Visa, American Express, money order, checks. Sorry no C.O.D. orders. CO-OP CONTRACT’S Available for Co-Op’s and agency accounts on many items. PLAYGROUND SURFACING WARNING All play equipment must be installed over impact absorbing surface. Go to www.cpsc.gov for more information. ROCK CLAUSE PlayWorks, Inc. reserves the right to charge for additional manpower and equipment rental if subcontractors encounter rock that cannot be penetrated to drill installation holes with a mechanical auger. Every effort will be made prior to installation to determine if additional rock charges may be required. PlayWell’s Sales Associate will notify you and meet with you at the work site to review the conditions requiring additional charges. SITE ACCESS First off, you’ll need a level site to make it free of any obstacles that might encroach upon the required fall zone for your design. Dig-Tess (1(800) Dig-Tess) will call all the possible utility companies that may have underground cables or piping running beneath the play area to mark where their runs might be. The site for equipment to be installed must be accessible by heavy machinery (trucks, trailers, and Bobcats). In the event this equipment is used at your site, please note there may be signs of access afterwards. PlayWorks, Inc. subcontractors will try to keep this to a minimum. WEATHER DELAY Unusual weather patterns, heavy rain, lightning or thunder conditions, and flooding “acts of God” or natural disaster, wherein the project site is determined to be unworkable. The installation of your equipment will be delayed. INSTALLATION WILL BE ORDERED IMMEDIATELY UPON RECEIPT OF WRITTEN APPROVALS. Please email or fax all pages. Installation Quote #: _________________________ Purchase Order #: ________________________________ Signature: _________________________________ Date: ___________________________________________ Town CouncilPage 57 of 73Meeting Date: May 23, 2016 Town CouncilPage 58 of 73Meeting Date: May 23, 2016 ŷĻtƌğǤĻƌƌDƩƚǒƦͲLƓĭ͵ ƚƌƌCƩĻĻʹΛБЉЉΜАЋЏЊБЊЏCƩĻĻCğǣʹΛБЉЉΜЎЏЉВЊЎЉ TexasCorporateOfficeArkansasSalesOfficeOklahomaSalesOfficeNewMexicoSalesOffice 4743IberiaAve.,SuiteC6929JFKBlvd.,Suite20165030NorthMay,Suite129ProcessingCenterPayments Dallas,TX75207N.LittleRock,AR76116OklahomaCity,OK731129430SanMateoBlvdNEUnitG Albuquerque,NM87113 TERMS AND CONDITIONS INVOICE TERMS Tax funded and bonded projects only, Net 30 days. All other entities required 50% down and balance Net 30. All past due amounts will be subject to a finance charge in accordance with the Texas Prompt Payment Act, Chapter 2251, Texas Government Code. Delay of Installation (if applicable): If the Customer delays the installation, the stored product will be invoiced with a term of Net 30. OPEN ACCOUNT Credit terms are available to municipalities, government agencies, school systems, bonded contractors, and businesses (with prior approved credit). To establish credit your organization must have a satisfactory rating with Dun & Bradstreet and provide three credit references. To establish credit, your initial order must total at least $10,000.00. 50% deposit is required on all orders from non-tax funded entities. Prepayment may be required for any order at The PlayWell Group, Inc. sole discretion. METHODS OF PAYMENTS MasterCard, Visa, American Express, money order, checks. Sorry no C.O.D. orders. FEDERAL/STATE GOVERNMENT AND CO-OP’S CONTRACT Available for Federal/State Government, Co-Op’s and agency accounts on many items. Call your Sales Consultant for information. SALES TAX Will be added to the invoice, except when a tax-exempt/resale certificate is furnished, or your entity qualifies in your state as tax exempt. FREIGHT CHARGES/DELIVERY TERMS All shipments are F.O.B factory, except where specifically stated otherwise. Delivery of materials is up to eight weeks from the order date, plus a few days for transit, unless otherwise noted. Every effort is made to comply with scheduled shipping dates: however, The PlayWell Group, Inc. is not liable for any loss or damage arising out of delay in delivery of any of its products due to causes beyond the control of the Company. DAMAGE/SHORTAGE CLAIMS All claims for concealed loss or damage to product must be noted on the Bill of Lading or delivery ticket and reported immediately to our Customer Service Department. All claims for product damage and shortage via common carrier must be promptly made by consignee (customer) direct to The PlayWell Group’s Customer Service Department. When reporting damage, be sure to hold all containers and packing materials for inspection (claims should be filed within 15 days of receipt of shipment). RETURNS/CANCELLATIONS No merchandise is to be returned without first obtaining written authorization from The PlayWell Group, Inc. Please provide invoice number, date and reason for your return. Any authorized merchandise must be carefully packed and in saleable condition to be accepted for return. A 25% (of list price) re-stocking charge plus freight to and from the manufacturer applies on all returned merchandise when error is not the fault of The PlayWell Group. All returned merchandise must be shipped insured and freight prepaid. Orders cancelled prior to shipment will be charged 10% of list price. Once the material has been installed, no refund will be granted. FREIGHT CARRIER INFORMATION All freight is shipped unassembled via common carrier. Made via common carrier to the end user, the customer is responsible for unloading all deliveries. COLOR CHOICES Be sure to specify color selections when ordering. Please sign attached Color Selection Form (if applicable). INSTALLATION Installation/Prices are not included on this Quotation. A separate installation quotation must be included with your order if installation is required. PLAYGROUND SURFACING WARNING All play equipment must be installed over impact absorbing surface. Go to www.cpsc.gov for more information. PRODUCT WILL BE ORDERED IMMEDIATELY UPON RECEIPT OF WRITTEN APPROVALS. Please email or fax all pages. Sales Quote #: ______________________________ Purchase Order #: ___________________________ Signature: __________________________________Date: ______________________________________ Town CouncilPage 59 of 73Meeting Date: May 23, 2016 Town CouncilPage 60 of 73Meeting Date: May 23, 2016 Town CouncilPage 61 of 73Meeting Date: May 23, 2016 ŷĻ tƌğǤĻƌƌ DƩƚǒƦͲ LƓĭ͵ ƚƌƌ CƩĻĻʹ ΛБЉЉΜАЋЏΏЊБЊЏ CƩĻĻ Cğǣʹ ΛБЉЉΜЎЏЉΏВЊЎЉ Texas Corporate Office Arkansas Sales Office Oklahoma Sales Office New Mexico Sales Office 4743 Iberia Ave., Suite C 6929 JFK Blvd., Suite 20-16 5030 North May, Suite 129 Processing Center-Payments Dallas, TX 75207 N. Little Rock, AR 76116 Oklahoma City, OK 73112 9430 San Mateo Blvd NE Unit G Albuquerque, NM 87113 TERMS AND CONDITIONS INVOICE TERMS Tax funded and bonded projects only, Net 30 days. All other entities required 50% down and balance Net 30. All past due amounts will be subject to a finance charge in accordance with the Texas Prompt Payment Act, Chapter 2251, Texas Government Code. Delay of Installation (if applicable): If the Customer delays the installation, the stored product will be invoiced with a term of Net 30. OPEN ACCOUNT Credit terms are available to municipalities, government agencies, school systems, bonded contractors, and businesses (with prior approved credit). To establish credit your organization must have a satisfactory rating with Dun & Bradstreet and provide three credit references. To establish credit, your initial order must total at least $10,000.00. 50% deposit is required on all orders from non-tax funded entities. Prepayment may be required for any order at The PlayWell Group, Inc. sole discretion. METHODS OF PAYMENTS MasterCard, Visa, American Express, money order, checks. Sorry no C.O.D. orders. FEDERAL/STATE GOVERNMENT AND CO- Available for Federal/State Government, Co-Oyour Sales Consultant for information. SALES TAX Will be added to the invoice, except when a tax-exempt/resale certificate is furnished, or your entity qualifies in your state as tax exempt. FREIGHT CHARGES/DELIVERY TERMS All shipments are F.O.B factory, except where specifically stated otherwise. Delivery of materials is up to eight weeks from the order date, plus a few days for transit, unless otherwise noted. Every effort is made to comply with scheduled shipping dates: however, The PlayWell Group, Inc. is not liable for any loss or damage arising out of delay in delivery of any of its products due to causes beyond the control of the Company. DAMAGE/SHORTAGE CLAIMS All claims for concealed loss or damage to product must be noted on the Bill of Lading or delivery ticket and reported immediately to our Customer Service Department. All claims for product damage and shortage via common carrier must be promptly made by consignee (customer) di Customer Service Department. When reporting damage, be sure to hold all containers and packing materials for inspection (claims should be filed within 15 days of receipt of shipment). RETURNS/CANCELLATIONS No merchandise is to be returned without first obtaining written authorization from The PlayWell Group, Inc. Please provide invoice number, date and reason for your return. Any authorized merchandise must be carefully packed and in saleable condition to be accepted for return. A 25% (of list price) re-stocking charge plus freight to and from the manufacturer applies on all returned merchandise when error is not the fault of The PlayWell Group. All returned merchandise must be shipped insured and freight prepaid. Orders cancelled prior to shipment will be charged 10% of list price. Once the material has been installed, no refund will be granted. FREIGHT CARRIER INFORMATION All freight is shipped unassembled via common carrier. Made via common carrier to the end user, the customer is responsible for unloading all deliveries. COLOR CHOICES Be sure to specify color selections when ordering. Please sign attached Color Selection Form (if applicable). INSTALLATION Installation/Prices are not included on this Quotation. A separate installation quotation must be included with your order if installation is required. PLAYGROUND SURFACING WARNING All play equipment must be installed over impact absorbing surface. Go to www.cpsc.gov for more information. PRODUCT WILL BE ORDERED IMMEDIATELY UPON RECEIPT OF WRITTEN APPROVALS. Please email or fax all pages. Sales Quote #: ______________________________ Purchase Order #: ___________________________ Signature: __________________________________Date: ______________________________________ Town CouncilPage 62 of 73Meeting Date: May 23, 2016 Accessible Swing Seat Strong, durable and secure. Durable rotomolded seat. Rollercoaster-style harness -- easy to install and snap-locks into place for security. No complicated belts, buckles, or straps. Galvanized chains for maximum visibility and safety. Choose 2 plastic colors. Page 1 of 1 Town CouncilPage 63 of 73Meeting Date: May 23, 2016 Lewisburg, PA | 800.233.8404 | +1.570.522.9800 | PlayExplorers.com Cozy Cocoon Playground Component Freestanding Option Fun for all children, but especially designed for those with autism spectrum disorders. Enclosed space for a child to escape the playground when over stimulated. Interior textures & molded-in features for tactile exploration. Windows on both sides for adult visibility. Helpful grips provide easier entrance/exits for child. Page 1 of 1 Town CouncilPage 64 of 73Meeting Date: May 23, 2016 Lewisburg, PA | 800.233.8404 | +1.570.522.9800 | Playworld.com Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-281-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Consider and take appropriate action regarding the Capital Improvements Project program (Staff). Attachments: DateVer.Action ByActionResult Consider and take appropriate action regarding the Capital Improvements Project program (Staff). Town CouncilPage 65 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-282-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for June 14, 2016 meeting; and discussion of the Town Council Future Agenda Items list, to include discussion of the below item from the Future Agenda Items list: A) Item No. 9 - Discussion of Trophy Club Park concept plan. (Sanders 2/23/2016) (1-May 24, 2016) Attachments:June 14, 2016 Upcoming Agenda.pdf Items for Future Agendas updated 5-18-2016.pdf DateVer.Action ByActionResult ItemsforFutureAgendastoincludediscussionofAgendaItemsforconsiderationontheupcomingRegularSession CouncilAgendaforJune14,2016meeting;anddiscussionoftheTownCouncilFutureAgendaItemslist,toinclude discussion of the below item from the Future Agenda Items list: A) Item No. 9 - Discussion of Trophy Club Park concept plan. (Sanders 2/23/2016) (1-May 24, 2016) Town CouncilPage 66 of 73Meeting Date: May 23, 2016 Meeting Date 6/14/2016 Announcements & Reports No. Town Manager Seidel's update regarding the following; discussion and provide Town Mgr 1 input regarding same (Staff). Town Council Liaison Updates; discussion of same (Staff): 2Town Sec STAFF RESORDPROCFile IDDept No. Consent RPT ConsiderandtakeappropriateactionregardingtheMinutesdatedMay10,2016 3Town Sec (Staff). ConsiderandtakeappropriateactionregardingtheMinutesdatedMay17,2016 4Town Sec (Staff). Considerandtakeappropriateactionregardingfinancialandvariancereportdated 5Finance April 2016 (Staff). STAFF RESORDPROCFile IDDept No. Regular Session RPT Consider and take appropriate action regarding General Fund Revenue items 6Finance (Staff). Consider and take appropriate action regarding appointing three (3) Council Members to a Council Subcommittee formed for the purpose of providing fiduciary 7Town Sec oversight of the budget, as well as providing input regarding the administration of the budget and the budget process (Staff). ConsiderandtakeappropriateactionregardingappointingtheMayorandtwo(2) 8Town Sec Council Members to the Town Council Appointments Committee (Staff). Consider and take appropriate action regarding an Agreement between the Town Parks 9 and Highlands HOA for irrigation maintenance on medians (Staff). Receive an update from Staff regarding the upcoming 4th of July Parade; discussion 10Parks of same (Staff). Provide direction to Staff regarding Town Council Future Agenda Item No. 4,Discussion and action related to town garage/special/estate/moving sales, etc. 11Town Mgr (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) (3-March 8, 2016) (4- June 14, 2016) Receive an update from Staff regarding Town Council Future Agenda Item No. 10, Explore regulations and guidelines to allow for golf cart use and parking in Town 12Town Mgr parks. (Shoffner and Reed 3/8/2016) (1-June 14, 2016) STAFF RESORDPROCFile IDDept No. Upcoming Agenda & Council Future Agenda Items List Update RPT Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for June 28, 2016 meeting and 13Town Sec discussion of Future Agenda Items, to include discussion of the below items from the Future Agenda list: A) Item No. 1 - Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014) (2-Feb 10, 2015) (3-May 12, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) (7-June 14, 2016) B) Item No. 2 - Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) (7-June 14, 2016) Town CouncilPage 67 of 73Meeting Date: May 23, 2016 C) Item No. 3 - Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1- July 14, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) D) Item No. 5 - Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) E) Item No. 9 - Discussion of Green Ribbon grants for the beautification along the sound wall on State Highway 114. (Sanders 3/8/2016) (1-June 14, 2016) STAFF No. Executive SessionRESORDPROCFile IDDept RPT Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into 14Town Sec executive session to discuss the following: STAFF RESORDPROCFile IDDept No. Regular Session RPT Consider and take appropriate action regarding the Executive Session. 15Town Sec Town CouncilPage 68 of 73Meeting Date: May 23, 2016 Town Council Future Agenda Items List (Updated 5/18/2016) 1. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014) (2-Feb 10, 2015)(3-May 12, 2015) (4-August 11, 2015)(5-December 8, 2015) (6-March 8, 2016)(7-June 14, 2016) 10/28/2014 – Council discussed and would like a plan brought back on a future agenda. 2/10/2015 – Mayor Sanders provided update including examples of Southlake signage. 5/12/2015 – No new update provided. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Assistant Town Manager/CFO Glickman advised that the Town is in the process of going out for bids regarding park monument signage and wayfinding signage. 3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 2.Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) (7-June 14, 2016) 2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning position). 5/12/2015 – Mayor Sanders provided an update that this item will be discussed once the vacant Planning position is filled. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Mayor Sanders advised that he was concerned that the restrictions for condos and apartments, such as multiple families living at one address, may be insufficient. 3/8/2016 – Discussed that this item could be addressed during the Comprehensive Plan process. 3. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Mayor Sanders advised that he would like additional information on specific items that hotel occupancy tax funds could be used for. 3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 4. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) -March 8, 2016) (4-June 14, 2016) (3 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. Page 1 of 2 Town CouncilPage 69 of 73Meeting Date: May 23, 2016 8/25/2015 – Mayor Sanders commented to possibly look at this item at the end of the year in time for the next Women’s Garage Sale. 12/8/2015 - Discussion took place that Town Staff is continuing to work on this item. 3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 5. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2- December 8, 2015) -March 8, 2016) (4-June 14, 2016) (3 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 – Discussion took place to have the ability to pay for certain Parks personnel cost out of the general fund and at the end of the year the Parks budget would reconcile those costs. 3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 6. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10, 2016)(3-August 9, 2016) 1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer regarding the Annex Building. 5/10/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 7. Discussion and consideration of laws related to texting while driving inside the Town. (Reed 1/26/2016) (1-April 26, 2016) (2-August 9, 2016) 4/26/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 8. Discussion of Interlocal Agreements with TCMUD No. 1 for Fire services and building services such as trash, drainage, etc. (Sanders 1/26/2016) (1-April 26, 2016) (2-August 9, 2016) 4/26/2016 – Town Manager Seidel advised that he had a meeting scheduled later in the week with the TCMUD No. 1 General Manager and that he will provide an update afterwards. 9. Discussion of GreenRibbon grants for the beautification along the sound wall on State Highway 114. (Sanders 3/8/2016) (1-June 14, 2016) 10. Explore regulations and guidelines to allow for golf cart use and parking in Town parks. (Shoffner and Reed 3/8/2016) (1-June 14, 2016) 11. Detail review of the nuisance ordinance. (Rowe 4/12/2016) (1-July 12, 2016) 12. Review of transferring the Code Enforcement Officer and the duties of the position to the Police Department. (Lamont 4/12/2016) (1-July 12, 2016) 13. Receive a presentation regarding options for Fire and EMS. (Reed 4/26/2016) (1-August 9, 2016) 14. Explore the method used for building remodel requirements. (Shoffner 5/10/2016) (1- August 9, 2016) Page 2 of 2 Town CouncilPage 70 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-283-T Version:1 Name: Type:Agenda Item Status:Executive Session File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A.Section 551.071 Consultation with Attorney under Subsection (1) when the governmental body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071(1) and (2)): Legal advice regarding fire and emergency medical services, Interlocal Agreements with the Trophy Club Municipal Utility District No. 1 for Fire Department Services, Personnel Services, and related matters. B.Section 551.072 Deliberations regarding Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Potential Purchase of Property C.Section 551.087 Deliberations regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town: Potential Projects and Incentives D.Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Animal Shelter Advisory Board, Building Standards Commission, Crime Control & Prevention District Board, and Economic Development Corporation 4B. Attachments: DateVer.Action ByActionResult PursuanttothefollowingdesignatedsectionsoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen Meetings Act), the Council will convene into executive session to discuss the following: A.Section551.071ConsultationwithAttorneyunderSubsection(1)whenthegovernmentalbodyseekstheadvice ofitsattorneyaboutpendingorcontemplatedlitigationandSubsection(2)forconsultationwithitsattorneyona matterinwhichthedutyoftheattorneytotheGovernmentalBodyundertheDisciplinaryRulesofProfessional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071(1) and (2)): Legaladviceregardingfireandemergencymedicalservices,InterlocalAgreementswiththeTrophyClubMunicipal Utility District No. 1 for Fire Department Services, Personnel Services, and related matters. Town CouncilPage 71 of 73Meeting Date: May 23, 2016 File #:2016-283-T,Version:1 B.Section551.072DeliberationsregardingRealPropertytodeliberatethepurchase,exchange,lease,orvalueof realpropertyifdeliberationinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthegovernmental body in negotiations with a third person: Potential Purchase of Property C.Section551.087DeliberationsregardingEconomicDevelopmentNegotiationstodiscussordeliberatetheofferof financialorotherincentivestoabusinessprospectthattheTownseekstohavelocatewithintheterritoryofthe Town: Potential Projects and Incentives D.Section551.074PersonnelMatterstodiscussordeliberatetheappointment,employment,evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: AnimalShelterAdvisoryBoard,BuildingStandardsCommission,CrimeControl&PreventionDistrictBoard,and Economic Development Corporation 4B. Town CouncilPage 72 of 73Meeting Date: May 23, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-284-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/13/2016 In control:Town Council On agenda:5/23/2016 Final action: Title:Consider and take appropriate action regarding the Executive Session. Attachments: DateVer.Action ByActionResult Consider and take appropriate action regarding the Executive Session. Town CouncilPage 73 of 73Meeting Date: May 23, 2016