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Agenda Packet TC 05/23/2011Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, May 23, 2011 Call to order and announce a quorum. WORKSHOP SESSION - 6:00 P.M. 1.2011-267-T Discussion with Ray Turco regarding the Citizen Survey Questionnaire. 2011 Trophy Club survey version 5-18-11.pdfAttachments: 2.2011-247-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for May 23, 2011. CONVENE INTO REGULAR SESSION - ESTIMATED START TIME 7:00 P.M. Invocation Pledges: Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 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 three (3) 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. 3.2011-253-T Consider and take appropriate action regarding a Proclamation proclaiming May 2011 as Motorcycle Awareness Month. PRO 2011-08 Motorcycle Safety and Awareness Month.pdfAttachments: 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. Town Council 1 of 516 Meeting Date: May 23, 2011 May 23, 2011Town Council Meeting Agenda 4.2011-193-T Consider and take appropriate action regarding the Minutes dated April 4, 2011. 5.2011-221-T Consider and take appropriate action regarding the Minutes dated April 18, 2011. 6.2011-250-T Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized representatives on First Financial Bank and TexPool signature accounts. REGULAR SESSION 7.2011-256-T Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the General Election for the Town of Trophy Club to be held on May 14, 2011 for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council Member for Place #1 for a three (3) year term, and one (1) Council Member for Place #2 for a three (3) year term and; ordering and calling a Special Election for the legalization of the sale of all alcoholic beverages for off-premise consumption only; and providing an effective date. ORD 2011-19 Canvassing May 14, 2011 Election.pdfAttachments: 8.2011-254-T Remarks to and from outgoing Council Member Stotts. 9.2011-255-T Oath of Office to be administered by Municipal Court Judge, Mark Chambers, Presentation of Certificate of Election from Judge Chambers to Incoming Council Members and remarks by Council Members. SHORT BREAK 10.2011-252-T Consider and take appropriate action regarding a change order to the Agreement between the Town and Freese and Nichols for services related to the development of the stormwater management plan. F&N SWMP Change Order.pdfAttachments: 11.2011-251-T Consider and take appropriate action regarding an Ordinance approving a negotiated resolution between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company, LLC regarding the Company's application to increase electric rates in all cities exercising original jurisdiction, declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; and providing an effective date. 2011 Oncor Ordinance Staff Report.pdf Copy of Cities Franchise Fee Payments.pdf ORD 2011-20 Oncor Final Settlement Ordinance.pdf Exhibit A - Oncor Tariff - Effective 072011.pdf Exhibit B - Oncor Tariff - Effective 012012.pdf Exhibit C - Oncor Stipulation.pdf Attachments: Town Council 2 of 516 Meeting Date: May 23, 2011 May 23, 2011Town Council Meeting Agenda 12.2011-258-T Consider and take appropriate action regarding a Resolution repealing Resolution No. 2010-12 authorizing participation in various cooperative purchasing programs and adopting a new Resolution identifying the cooperative purchasing programs approved for Town participation in accordance with the Town's Procurement Policies and Procedures; and providing an effective date. RES 2011-12 Participation in Coop Purchasing Programs.pdfAttachments: 13.2011-268-T Consider and take appropriate action regarding a Resolution of the Town of Trophy Club , Texas approving the submission of the grant application for the Community Oriented Policing Initiative Program for the 2011-2012/ 2012-2013/ 2013-2014 fiscal years; authorizing the Town Manager or his designee to execute all necessary documents; and provide an effective date. RES 2011-13 COPS RESOLUTION.pdfAttachments: 14.2011-261-T Consider and take appropriate action regarding financial and variance report dated April 2011. April 2011 Monthly Financial Report-General Fund.pdf April 2011 Monthly Town General Fund Financial Report Explanation of Variances.pdf April 2011 Monthly Trophy Club Park Financial Report Explanation of Variances.pdf Attachments: 15.2011-260-T Town Council Liaison Updates and discussion of same: - Parks and Recreation Board, May 10, 2011 - Council member Hoover 16.2011-262-T Town Manager Slye's update regarding the following; discussion of the same. - Introduce Eric Cannon, Finance Director - GFOA's Distinguished Budget Presentation Award - Town Council Retreat, June 3, 2011 Update - TxDot 114/170 Project Update Budget Award 10-11.pdfAttachments: 17.2011-263-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - May 3, 2011 Chamber Luncheon - May 5, 2011 National Day of Prayer - May 5, 2011 NISD Gala - May 10, 2011 Wounded Warriors Fundraiser - May 11, 2011 Northwest Communities Partnership Meeting - May 23, 2011 Home Instead Senior Care - Giving Back to the Community 18.2011-264-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: 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. Town Council 3 of 516 Meeting Date: May 23, 2011 May 23, 2011Town Council Meeting Agenda EXECUTIVE SESSION 19.2011-265-T Council to convene into executive session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act Personnel Matters (§551.074(a)(1)): (1) Appointment of Mayor Pro Tem. RECONVENE INTO REGULAR SESSION 20.2011-266-T Consider and take appropriate action regarding the Executive Session . ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, May 18, 2011 by 8:00 P.M. in accordance with Chapter 551, Texas Government Code. ____________________________ Shannon DePrater, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2011. ________________________________, Title: ___________________________ Town Council 4 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-267-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/18/2011 Town Council On agenda:Final action:5/23/2011 Title:Discussion with Ray Turco regarding the Citizen Survey Questionnaire. Attachments:2011 Trophy Club survey version 5-18-11.pdf Action ByDate Action ResultVer. TITLE Discussion with Ray Turco regarding the Citizen Survey Questionnaire. Town Council 5 of 516 Meeting Date: May 23, 2011 PROJECT 01192008 RAYMOND TURCO & ASSOCIATES JUNE 2011 __________________________________________________________________________ MY NAME IS ____________ AND I'M WITH RAYMAR RESEARCH. WE ARE NOT A DIRECT MARKETING FIRM AND THIS IS NOT A SALES CALL. WE ARE A PUBLIC OPINION RESEARCH FIRM, CONDUCTING A SURVEY ON BEHALF OF THE TOWN OF TROPHY CLUB ABOUT ISSUES IN YOUR COMMUNITY. WOULD IT BE ALL RIGHT IF I TOOK A FEW MINUTES OF YOUR TIME TO ASK YOU A FEW QUESTIONS? __________________________________________________________________________ AREA AREA I . . . . . . . . 1 AREA II . . . . . . . 2 AREA III . . . . . . . 3 AREA IV . . . . . . . 4 SEX MALE . . . . . . . . . 1 FEMALE . . . . . . . . 2 __________________________________________________________________________ 1. HOW SATISFIED OR DISSATISFIED ARE YOU WITH THE QUALITY OF LIFE IN YOUR COMMUNITY. ARE YOU . . . . VERY SATISFIED . . . . 1 SATISFIED . . . . . . 2 DISSATISFIED . . . . . 3 VERY DISSATISFIED . . 4 NO OPINION . . . . . . 5 2. HOW LONG HAVE YOU LIVED IN TROPHY CLUB? LESS THAN ONE YEAR . . 1 1 - 3 YEARS . . . . . 2 4 - 6 YEARS . . . . . 3 7 - 10 YEARS . . . . . 4 10 - 20 YEARS . . . . 5 MORE THAN 20 YEARS . . 6 REFUSE TO ANSWER . . . 7 3. IN THE LAST FIVE YEARS, DO YOU FEEL THAT, AS A COMMUNITY, TROPHY CLUB HAS IMPROVED, STAYED ABOUT THE SAME, OR GOTTEN WORSE? IMPROVED . . . . . . . 1 SAME . . . . . . . . . 2 WORSE . . . . . . . . 3 NO OPINION . . . . . . 4 4. WHICH STATEMENT BEST DESCRIBES YOUR LEVEL OF INVOLVEMENT IN THE COMMUNITY? I AM VERY INVOLVED . . . . . . 1 I AM SOMEWHAT INVOLVED . . . . 2 I BECOME INVOLVED WHEN . . . . 3 ISSUES AFFECT ME I JUST LIVE IN THE TOWN . . . 4 NO OPINION . . . . . . . . . . 5 5. AND WHAT WOULD YOU SAY IS THE MOST IMPORTANT ISSUE FACING TROPHY CLUB? _________________________________________________________________________ 6. AS I READ THE FOLLOWING STATEMENTS, PLEASE TELL ME HOW IMPORTANT OR UNIMPORTANT EACH IS IN DETERMINING THE QUALITY OF LIFE IN YOUR COMMUNITY. Town Council 6 of 516 Meeting Date: May 23, 2011 VI I U VU NO A) PROVIDING A SAFE COMMUNITY 1 2 3 4 5 B) PROVIDING COMMUNITY EVENTS 1 2 3 4 5 C) KEEPING CITIZENS INFORMED ABOUT TOWN 1 2 3 4 5 BUSINESS D) PLANNING FOR FUTURE NEEDS OF RESIDENTS 1 2 3 4 5 E) MAINTAINING A QUALIFIED WORKFORCE OF 1 2 3 4 5 TOWN EMPLOYEES F) PROVIDING AN ADEQUATE FORUM FOR PUBLIC 1 2 3 4 5 INPUT G) HAVING WELL-MAINTAINED AND LANDSCAPED 1 2 3 4 5 MEDIANS H) WORKING WITH THE SCHOOL DISTRICT 1 2 3 4 5 7. NOW PLEASE TELL ME HOW SATISFIED OR DISSATISFIED YOU ARE WITH THE WORK THE TOWN OF TROPHY CLUB HAS DONE IN THOSE ASPECTS . . . . VS S D VD NO A) PROVIDING A SAFE COMMUNITY 1 2 3 4 5 B) PROVIDING ADEQUATE COMMUNITY EVENTS 1 2 3 4 5 C) KEEPING CITIZENS INFORMED ABOUT TOWN BUSINESS 1 2 3 4 5 D) PLANNING FOR FUTURE NEEDS OF RESIDENTS 1 2 3 4 5 E) HAVING EMPLOYEES THAT RESPOND TO CITIZEN NEEDS 1 2 3 4 5 F) PROVIDING AN ADEQUATE FORUM FOR PUBLIC INPUT 1 2 3 4 5 G) WORKING WITH SURROUNDING CITIES 1 2 3 4 5 H) WORKING WITH COUNTY ORGANIZATIONS, LIKE 1 2 3 4 5 SCHOOL DISTRICT, COUNTY, OR COLLEGE DISTRICT 8. HOW SATISFIED OR DISSATISFIED ARE YOU WITH THE OVERALL APPEARANCE OF YOUR TOWN? VERY SATISFIED . . . . 1 SATISFIED . . . . . . 2 DISSATISFIED . . . . . 3 VERY DISSATISFIED . . 4 NO OPINION . . . . . . 5 9. NOW, WITHIN THE TOWN. DO YOU BELIEVE THE FOLLOWING POTENTIAL ISSUES IN OR AROUND TROPHY CLUB TO BE A MAJOR CONCERN, A MINOR CONCERN OR OF NO CONCERN TO YOU . . . MAJOR MINOR NO NO OPIN A) HOUSES IN NEED OF REPAIR 1 2 3 4 B) STRAY OR WILD ANIMALS 1 2 3 4 C) WEEDS AND UNMOWED GRASS 1 2 3 4 D) TRASH AND LITTER 1 2 3 4 E) DOOR-TO-DOOR SALESMEN 1 2 3 4 F) CONDITION OF SIDEWALKS 1 2 3 4 G) TRAFFIC FLOW INTO YOUR NEIGHBORHOOD 1 2 3 4 H) CRIME 1 2 3 4 I) TEMPORARY SIGNS ON POLES AND IN YARDS 1 2 3 4 J) DOOR HANGERS 1 2 3 4 10. THESE NEXT FEW QUESTIONS DEAL WITH CUSTOMER SERVICE. FIRST, HAVE YOU HAD CONTACT WITH A TOWN EMPLOYEE DURING THE PAST YEAR? YES . . . . . . . . . 1 (IF NO OR DON'T REMEMBER, SKIP TO #12) NO . . . . . . . . . . 2 Town Council 7 of 516 Meeting Date: May 23, 2011 11. PLEASE TELL ME OVERALL, HOW SATISFIED OR DISSATISFIED YOU WERE WITH THE FOLLOWING CUSTOMER SERVICE ACTIVITIES . . . . VS S D VD NO A) THE COURTESY OF THE PERSON ANSWERING 1 2 3 4 5 THE TELEPHONE B) DIRECTED TO THE CORRECT DEPARTMENT 1 2 3 4 5 C) EMPLOYEE SEEMED CONCERNED ABOUT MY PROBLEM 1 2 3 4 5 D) ASKED ADEQUATE QUESTIONS TO DETERMINE 1 2 3 4 5 THE NATURE OF THE PROBLEM E) IF NOT AVAILABLE, THE CORRECT EMPLOYEE 1 2 3 4 5 RETURNED MY CALL IN A REASONABLE TIME F) THE PROBLEM WAS ADEQUATELY DEALT WITH BY 1 2 3 4 5 THE EMPLOYEE RESPONDING G) FOLLOWUP FROM TOWN TO ENSURE MY CONCERNS 1 2 3 4 5 WERE ADDRESSED H) THE PEOPLE I WORKED WITH SHOWED PRIDE AND 1 2 3 4 5 CONCERN FOR QUALITY IN THE WORK I) THROUGH HIS/HER ACTIONS, THE PRIMARY 1 2 3 4 5 EMPLOYEE I WORKED WITH REPRESENTED THE TOWN IN A POSITIVE MANNER 12. LETS TALK ABOUT TOWN SERVICES. PLEASE RATE THE FOLLOWING . . . . E G F P NO A) FIRE/EMS SERVICES 1 2 3 4 5 B) TRASH COLLECTION 1 2 3 4 5 C) POLICE 1 2 3 4 5 D) STREET MAINTENANCE 1 2 3 4 5 E) COMMUNICATION EFFORTS FROM 1 2 3 4 5 THE TOWN F) SIDEWALKS ALONG MAJ THOROUGHFARES 1 2 3 4 5 G) MUNICIPAL COURT 1 2 3 4 5 H) PARK FACILITIES 1 2 3 4 5 I) CODE ENFORCEMENT 1 2 3 4 5 J) SPECIAL EVENTS ORGANIZED BY TOWN 1 2 3 4 5 K) MAINTENANCE OF TOWN FACILITIES 1 2 3 4 5 13. LET’S TALK HOW ABOUT SAFETY IN YOUR COMMUNITY. HOW SAFE OR UNSAFE DO YOU FEEL IN THE FOLLOWING TOWN LOCATIONS . . . . VS S U VU NO A) AROUND YOUR HOME 1 2 3 4 5 B) IN YOUR NEIGHBORHOOD 1 2 3 4 5 C) AT THE TOWN PARK CLOSEST TO YOUR HOME 1 2 3 4 5 D) WHEN SHOPPING IN TROPHY CLUB 1 2 3 4 5 E) THE TOWN IN GENERAL 1 2 3 4 5 14. NOW I WOULD LIKE TO ASK YOU ABOUT CERTAIN ASPECTS OF PARKS AND IN YOUR COMMUNITY. USING A SCALE OF EXCELLENT, GOOD, FAIR OR POOR, AND BASED ON WHATEVER IMPRESSIONS YOU MAY HAVE, HOW WOULD YOU RATE TROPHY CLUB IN TERMS OF . . E G F P NO A) THE NUMBER OF PARKS IN THE TOWN 1 2 3 4 5 B) HAVING PARKS CONVENIENTLY LOCATED FOR 1 2 3 4 5 PEOPLE IN ALL AREAS C) THE OVERALL QUALITY OF TOWN PARKS 1 2 3 4 5 D) THE OVERALL SAFETY OF TOWN PARKS 1 2 3 4 5 E) THE MAINTENANCE OF TOWN PARKS 1 2 3 4 5 F) THE VARIETY OF RECREATIONAL FACILITIES 1 2 3 4 5 WITHIN PARKS G) THE NUMBER OF ATHLETIC FIELDS IN THE TOWN 1 2 3 4 5 Town Council 8 of 516 Meeting Date: May 23, 2011 H) THE OVERALL QUALITY OF TOWN ATHLETIC FIELDS 1 2 3 4 5 I) THE MAINTENANCE OF TOWN ATHLETIC FIELDS 1 2 3 4 5 J) THE NUMBER OF PRACTICE FIELDS IN THE TOWN 1 2 3 4 5 K) THE OVERALL QUALITY OF PRACTICE FIELDS 1 2 3 4 5 L) THE OVERALL SAFETY OF PRACTICE FIELDS 1 2 3 4 5 M) THE VARIETY OF CLASSES AND PROGRAMS OFFERED 1 2 3 4 5 BY THE PARKS & RECREATION DEPARTMENT N) THE OVERALL QUALITY OF PARKS & RECREATION 1 2 3 4 5 CLASSES AND PROGRAMS O) THE AMOUNT OF HIKE AND BIKE TRAILS IN TOWN 1 2 3 4 5 P) HAVING HIKE AND BIKE TRAILS CONVENIENTLY 1 2 3 4 5 LOCATED FOR PEOPLE IN ALL AREAS Q) THE OVERALL QUALITY OF HIKE AND BIKE TRAILS 1 2 3 4 5 IN THE TOWN R) THE OVERALL QUALITY OF PLAYGROUNDS IN TOWN 1 2 3 4 5 S) THE OVERALL QUALITY OF THE TOWN POOL/SPLASH 1 2 3 4 5 PAD T) THE OVERALL MAINTENANCE OF THE TOWN POOL - 1 2 3 4 5 SPLASH PAD U) THE OVERALL SAFETY OF THE TOWN POOL/SPLASH 1 2 3 4 5 PAD V) THE NUMBER OF COMMUNITY EVENTS SPONSORED 1 2 3 4 5 OR ORGANIZED BY PARKS AND RECREATION W) THE OVERALL QUALITY OF COMMUNITY EVENTS 1 2 3 4 5 SPONSORED OR ORGANIZED BY PARKS AND RECREATION 15. LET’S TALK ABOUT SEVERAL POTENTIAL PROJECTS BEING CONSIDERED IN THE TOWN. HOW STRONGLY WOULD YOU SUPPORT OR OPPOSE THE FOLLOWING CAPTIAL IMROVEMENT PROJECTS . . . . SS S O SO NO A) A COMMUNITY CENTER 1 2 3 4 5 B) INDIAN CREEK STREET REPAIRS, INCLUDING 1 2 3 4 5 DRAINAGE AND SIDEWALK IMPROVEMENTS C) CONTINUED DEVELOPMENT OF TROPHY CLUB PARK 1 2 3 4 5 D) CONSTRUCTION OF A JOINT MUNICIPAL/PUBLIC 1 2 3 4 5 SAFETY FACILITY 16. HOW LIKELY OR UNLIKELY WOULD YOU BE TO SUPPORT THE CONSTRUCTION OF THE FOLLOWING TYPES OF PROJECTS IN TROPHY CLUB? HERE’S THE FIRST ONE . . . . SS S O SO NO A) RETAIL STORES 1 2 3 4 5 B) FAST FOOD RESTAURANTS 1 2 3 4 5 C) FULL SERVICE RESTAURANTS 1 2 3 4 5 D) PROFESSIONAL SERVICES (MEDICAL, LEGAL) 1 2 3 4 5 E) A PERFORMING ARTS CENTER 1 2 3 4 5 F) A MIXED USE DEVELOPMENT, WHICH WOULD 1 2 3 4 5 INCLUDE RETAIL, DINING, AND HIGH DENSITY RESIDENTIAL, LIKE CONDOS G) MOVIE THEATER 1 2 3 4 5 H) ASSISTED SENIOR LIVING CENTER 1 2 3 4 5 I) GENERAL SERVICES (AUTO/HOME REPAIR) 1 2 3 4 5 J) OFFICE BUILDINGS 1 2 3 4 5 K) FAMILY-ORIENTED ENTERTAINMENT 1 2 3 4 5 17. PLEASE NAME ME THREE RESTAURANTS THAT YOU WOULD LIKE TO SEE LOCATED IN TROPHY CLUB? 1.______________________ 2._______________________ 3.____________________ Town Council 9 of 516 Meeting Date: May 23, 2011 18. LET’S TALK ABOUT TRASH COLLECTION. HOW STRONGLY WOULD YOU SUPPORT OR OPPOSE THE TOWN PROVIDING RESIDENTS WITH ROLLING BINS FOR TRASH COLLECTION? STRONGLY SUPPORT . . . 1 SUPPORT . . . . . . . 2 OPPOSE . . . . . . . . 3 STRONGLY OPPOSE . . . 4 NO OPINION . . . . . . 5 19. AND HOW USEFUL OR NOT USEFUL ARE EACH OF THE FOLLOWING SOURCES TO YOU IN FINDING OUT ABOUT WHAT'S GOING ON IN TROPHY CLUB. YOUR ANSWERS SHOULD BE VERY USEFUL, SOMEWHAT USEFUL, NOT VERY USEFUL OR NOT AT ALL USEFUL . . . . VU SU NU NAU NO A) TOWN WEB SITE 1 2 3 4 5 B) TOWN STAFF 1 2 3 4 5 C) TOWN COUNCIL 1 2 3 4 5 D) LOCAL NEWSPAPERS 1 2 3 4 5 E) UTILITY BILL INSERTS 1 2 3 4 5 F) TOWN SOCIAL MEDIA SITES 1 2 3 4 5 (FACEBOOK, YOUTUBE, ETC) G) TOWN LIST SERVE 1 2 3 4 5 H) CONNECT CTY, THE TOWN’S 1 2 3 4 5 TELEPHONE NOTIFICATION SYSTEM I) E NEWSLETTERS 1 2 3 4 5 J) PRINTED NEWSLETTER OR DIRECT 1 2 3 4 5 MAIL K) PUBLIC ACCESS CHANNEL 27 1 2 3 4 5 L) PUBLIC DIGITAL MARQUEE SIGNS 1 2 3 4 5 M) TOWN COUNCIL MEETING REPLAYS 1 2 3 4 5 ONLINE N) TOWN COUNCIL MEETING REPLAYS 1 2 3 4 5 ON CHANNEL 27, PUBLIC ACCESS 20. HOW LIKELY OR UNLIKELY WOULD YOU BE TO USE THE FOLLOWING “SOCIAL MEDIA” SITES TO GET NEWS, INFORMATION, OR GOINGS ON ABOUT THE TOWN . . . . VL L U VU NO A) FACEBOOK 1 2 3 4 5 B) TWITTER 1 2 3 4 5 C) MY SPACE 1 2 3 4 5 D) YOU TUBE 1 2 3 4 5 E) LINKEDIN 1 2 3 4 5 21. ARE THERE ANY OTHER SITES THAT YOU WOULD LIKELY USE TO GATHER INFORMATION ABOUT THE TOWN?_____________________________________________ 22. AND HOW LIKELY OR UNLIKLEY WOULD YOU BE TO DOWNLOAD AN APP FOR YOUR SMART PHONE THAT WOULD ALLOW YOU TO GET INFORMATION ABOUT THE TOWN, PAY YOUR UTILITY BILL, REGISTER FOR RECREATION CLASSES, AND OTHER GENERAL TOWN SERVICES? VERY LIKELY . . . . . 1 LIKELY . . . . . . . . 2 UNLIKLEY . . . . . . . 3 VERY UNLIKELY . . . . 4 NO OPINION . . . . . . 5 23. THE FOLLOWING QUESTIONS ARE FOR CLASSIFICATION PURPOSES ONLY. WHICH OF THESE AGE GROUPS INCLUDES YOUR AGE? 18 - 24 YEARS . . . . 1 25 - 34 YEARS . . . . 2 Town Council 10 of 516 Meeting Date: May 23, 2011 35 - 44 YEARS . . . . 3 45 - 54 YEARS . . . . 4 55 - 64 YEARS . . . . 5 65 AND OLDER . . . . . 6 REFUSE TO ANSWER . . . 7 24. DO YOU HAVE ANY CHILDREN, IN THE FOLLOWING AGE RANGES, CURRENTLY LIVING IN YOUR HOME? UNDER 6. . . . . . . . 1 (CIRCLE ALL THAT APPLY) 6 - 12 . . . . . . . . 2 13 - 18 . . . . . . . 3 NO CHILDREN . . . . . 4 REFUSE TO ANSWER . . . 5 THAT'S THE END OF OUR SURVEY AND THE TOWN THANKS YOU FOR YOUR HELP. COULD I CHECK TO SEE IF I DIALED THE CORRECT NUMBER. I DIALED __________. AND COULD I HAVE YOUR FIRST NAME, ONLY IN CASE MY SUPERVISOR HAS TO VERIFY THIS INERVIEW?_____________________. CALLER INI._____ SHEET NUMBER_____ ZIPCODE_______ SURVEY LENGTH______ Town Council 11 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-247-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for May 23, 2011. Attachments: Action ByDate Action ResultVer. TITLE Discussion of agenda items posted for consideration on the Regular Session Council Agenda for May 23, 2011. Town Council 12 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-253-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action: Title:Consider and take appropriate action regarding a Proclamation proclaiming May 2011 as Motorcycle Awareness Month. Attachments:PRO 2011-08 Motorcycle Safety and Awareness Month.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Proclamation proclaiming May 2011 as Motorcycle Awareness Month. Town Council 13 of 516 Meeting Date: May 23, 2011 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2011-08 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE MONTH OF MAY 2011 AS MOTORCYCLE SAFETY AND AWARENESS MONTH IN TROPHY CLUB IN CONJUNCTION WITH NATIONAL MOTORCYCLE SAFETY AND AWARENESS MONTH. WHEREAS, today’s society is finding more citizens involved in motorcycling on the roads of our country; and WHEREAS, motorcyclists are roughly unprotected and therefore more prone to injury or death in a crash than other vehicle drivers; and WHEREAS, campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks, injuries, and, most of all, fatalities, though a comprehensive approach to motorcycle safety; and WHEREAS, it is the responsibility of all who put themselves behind the wheel, to become aware of motorcyclists, regarding them with the same respect as any other vehicle traveling the highways of this country; and it is the responsibility of riders and motorists alike to obey all traffic laws and safety rules; and WHEREAS, urging all citizens of our community to become aware of the inherent danger involved in operating a motorcycle, and for riders and motorists alike to give each other the mutual respect they deserve; NOW, THEREFORE, I, MAYOR CONNIE WHITE, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: Section 1. The month of May, 2011 as National Motorcycle Safety and Awareness Month in the Town of Trophy Club to coincide with National Motorcycle Safety and Awareness Month. Further, I urge all residents to do their part to increase safety and awareness in our community. Section 2. That this Proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 23rd day of May, 2011. _____________________________ _______________________________ Connie White, Mayor Shannon DePrater, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 14 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-193-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2011 Town Council On agenda:Final action:4/18/2011 Title:Consider and take appropriate action regarding the Minutes dated April 4, 2011. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated April 4, 2011. Town Council 15 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-221-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/25/2011 Town Council On agenda:Final action:5/2/2011 Title:Consider and take appropriate action regarding the Minutes dated April 18, 2011. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated April 18, 2011. Town Council 16 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-250-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized representatives on First Financial Bank and TexPool signature accounts. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized representatives on First Financial Bank and TexPool signature accounts. EXPLANATION: First Financial - Removing Michael Aguilera, Interim Finance Director and adding Eric Cannon, Finance Director. TexPool - Removing Michael Aguilera and naming Eric Cannon as contact person. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Approve amendment to ensure proper financial internal controls are implemented and employed in accordance with general auditing standards. Town Council 17 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-256-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action: Title:Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the General Election for the Town of Trophy Club to be held on May 14, 2011 for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council Member for Place #1 for a three (3) year term, and one (1) Council Member for Place #2 for a three (3) year term and; ordering and calling a Special Election for the legalization of the sale of all alcoholic beverages for off-premise consumption only; and providing an effective date. Attachments:ORD 2011-19 Canvassing May 14, 2011 Election.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the General Election for the Town of Trophy Club to be held on May 14, 2011 for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council Member for Place #1 for a three (3) year term, and one (1) Council Member for Place #2 for a three (3) year term and; ordering and calling a Special Election for the legalization of the sale of all alcoholic beverages for off-premise consumption only; and providing an effective date. Town Council 18 of 516 Meeting Date: May 23, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-19 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND DECLARING THE RESULTS OF THE GENERAL AND SPECIAL ELECTION HELD ON MAY 14, 2011 AS SUCH RETURNS RELATE TO THE ELECTION OF ONE (1) MAYOR FOR A THREE (3) YEAR TERM, ONE (1) COUNCIL MEMBER FOR PLACE #1 FOR A THREE (3) YEAR TERM, AND ONE (1) COUNCIL MEMBER FOR PLACE #2 FOR A THREE (3) YEAR TERM TO THE TOWN OF TROPHY CLUB TOWN COUNCIL, TO THE PROPOSITION RELATED TO THE LEGALIZATION OF THE SALE OF ALL ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION ONLY; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND TERMS OF OFFICE; AUTHORIZING THE ISSUANCE OF CERTIFICATES OF ELECTION; PROVIDING FOR THE ENACTMENT OF THE PROPOSITION; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE GENERAL AND SPECIAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about February 24, 2011 and April 4, 2011 the Town Council of the Town of Trophy Club, Texas (the “Town”) passed and approved Ordinance Nos. 2011-08 and 2011-13 respectively, ordering a General and Special Election, for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council member for Place #1 for a three (3) year term, and one (1) Council member for Place #2 for a three (3) year term to the Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages for off-premise consumption only; and WHEREAS, the appropriate authority of the Town heretofore caused to be posted and published, in accordance with the election laws of the State of Texas, notice of the Joint General and Special Election; and WHEREAS, the General and Special Election was duly and legally held on May 14, 2011, in the Town and in conformity with the election laws of the State of Texas, and the results of the General and Special Election, including the early voting results, have been certified and returned to the proper judges and clerks thereof; and WHEREAS, the official returns of the presiding judges of the General and Special Election, including the returns of early voting ballots in connection therewith, and as such returns are related to the election of one (1) Mayor for a three (3) year Town Council 19 of 516 Meeting Date: May 23, 2011 term, one (1) Council member for Place #1 for a three (3) year term, and one (1) Council member for Place #2 for three (3) year term to the Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages for off-premise consumption only have been presented to the Town Council acting in its capacity as the Canvassing Board; and WHEREAS, the Town Council has considered the returns of the General and Special Election, including the returns of early voting ballots in connection therewith, and as such returns are related to the election of one (1) Mayor for a three (3) year term, one (1) Council member for Place #1 for a three (3) year term, and one (1) Council member for Place #2 for three (3) year term to the Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages for off-premise consumption only; and WHEREAS, the returns of the General and Special Election, including the returns of early voting ballots, duly and legally made, showed that there were cast at the Election the following valid and legal votes: ELECTION TOTAL EARLY VOTING VOTES CAST TOTAL VOTES CAST AT POLL ON ELECTION DAY (including mail ballots) TOTAL VOTES CAST General/Special Election 733 612 1,345 ; and WHEREAS, the returns of the General Election, including the returns of the early voting ballots, duly and legally made, showed that each of the candidates for the office of Mayor, Council Member for Place #1, and Council Member for Place #2 on the Town of Trophy Club Town Council, received the following votes: TOWN OF TROPHY CLUB FOR MAYOR FOR THREE (3) YEAR TERM NAME OF CANDIDATE TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED Connie White 458 354 812 Vivek Ratna 277 235 512 Town Council 20 of 516 Meeting Date: May 23, 2011 TOWN OF TROPHY CLUB ONE COUNCIL MEMBER FOR PLACE 1 FOR THREE (3) YEAR TERM NAME OF CANDIDATE TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED Bill Rose 457 385 842 TOWN OF TROPHY CLUB ONE COUNCIL MEMBER FOR PLACE 2 FOR THREE (3) YEAR TERM NAME OF CANDIDATE TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED Jeannette Tiffany 455 384 839 WHEREAS, pursuant to the Home Rule Charter, the candidate for election to each Place on the Council who receives a majority of all votes cast for all the candidates for such Place at the election shall be declared elected; and WHEREAS, the returns of the Special Election on a Measure, including the returns of the early voting ballots, duly and legally made, showed that Proposition One Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages for off-premise consumption only, received the following votes: PROPOSITION ONE The legal sale of all alcoholic beverages for off-premise consumption only. TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED For 505 388 893 Against 129 98 227 WHEREAS, pursuant to State Law, if a majority of the qualified voters voting on a proposed measure vote in favor thereof, such measure shall become effective in accordance with law. Town Council 21 of 516 Meeting Date: May 23, 2011 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Premises. The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. Section 2. Confirmation of Vote Tabulations. The results of the General and Special Election as related to the election of one (1) Mayor for a three (3) year term, one (1) Council member for Place #1 for a three (3) year term, and one (1) Council member for Place #2 for a three (3) year term to the Town of Trophy Club Town Council, and as canvassed and tabulated above, reflect the expressed desires of the resident, qualified voters of the Town. Section 3. Elected Officials; Terms of Office. In accordance with the canvass and tabulation of the results of the General and Special Election, the duly elected Council Members elected on May 14, 2011, and the corresponding terms of office, subject to the taking of the oaths of office as required by State Law, are as follows: OFFICE TERM NAME Mayor Three (3) Years Connie White Council Member Place 1 Three (3) Years Bill Rose Council Member Place 2 Three (3) Years Jeannette Tiffany Section 4. Issuance of Certificates of Election. The Mayor is hereby authorized and directed to execute and deliver Certificates of Election to the successful candidates elected at the General and Special Election, as specified in Section 3 hereof. Section 5. Proposition One – The legal sale of all alcoholic beverages for off- premise consumption only. In accordance with the canvass and tabulation of the results of the Special Election, the legal sale of all alcoholic beverages for off-premise consumption only was approved by a majority of qualified voters by a vote of 893 in favor to 227 opposed. Section 6. Issuance of Canvass of General Election. The Mayor is hereby authorized and directed to execute and deliver the Canvass of the General and Special Election, a copy of which is attached hereto as Exhibit “A”, in accordance with the election laws of the State of Texas, and to take all other action necessary in connection therewith. Town Council 22 of 516 Meeting Date: May 23, 2011 Section 7. Engrossment and Enrollment. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. Section 8. Effective Date. This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 23rd day of May, 2011. Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council 23 of 516 Meeting Date: May 23, 2011 EXHIBIT “A” TOWN OF TROPHY CLUB, TEXAS CANVASS OF GENERAL AND SPECIAL ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of the Canvassing Authority of the Town, met on 23rd day of May 2011 with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the General and Special Election held on May 14 , 2011, at the Trophy Club Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the election of one (1) Council member for Place #1 for a three (3) year term, and one (1) Council member for Place #2 for a three (3) year term to the Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages for off- premise consumption only. I DO HEREBY CERTIFY that the figures on the tally sheets hereto attached as Exhibit “A-1” correspond with the figures on the returns. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Trophy Club, Texas to be affixed hereto, this 23rd day of May 2011. (Seal) _____________________________________ Mayor and Presiding Officer of the Canvassing Authority Trophy Club, Texas Town Council 24 of 516 Meeting Date: May 23, 2011 EXHIBIT “A-1” TOWN OF TROPHY CLUB, TEXAS CANVASS OF GENERAL AND SPECIAL ELECTION TALLY SHEETS Town Council 25 of 516 Meeting Date: May 23, 2011 Town Council 26 of 516 Meeting Date: May 23, 2011 Cumulative Report — Official Tarrant County — Joint Elections — May 14, 2011 Page 1 of 2 Total Number of Voters : 73,622 of 860,645 = 8.55% 05/19/2011 05:36 PM Precincts Reporting 197 of 197 = 100.00% Number of District Voters: 33 of 354 = 9.32%District Precincts Reporting 1 of 1 = 100.00% Party Candidate TotalElectionEarly Mayor (3 Year Term) Town of Trophy Club, Vote For 1 3 24 2175.00%72.41%72.73%Connie White 1 9 825.00%27.59%27.27%Vivek Ratna 4Cast Votes:100.00% 29 33100.00%100.00% Over Votes: 0 Under Votes: 0 0.00% 0.00% 0 0 0 00.00% 0.00% 0.00% 0.00% Precincts Counted 1 Total Percent 1 100.00% Voters 33 Ballots Registered Percent 354 9.32% Council Member, Place 1 (3 Year Term) Town of Trophy Club, Vote For 1 2 19 17100.00%100.00%100.00%Bill Rose 2Cast Votes:50.00% 17 1958.62%57.58% Over Votes: 0 Under Votes: 2 0.00% 50.00% 0 12 14 00.00% 41.38% 0.00% 42.42% Precincts Counted 1 Total Percent 1 100.00% Voters 33 Ballots Registered Percent 354 9.32% Council Member, Place 2 (3 Year Term) Town of Trophy Club, Vote For 1 2 17 15100.00%100.00%100.00%Jeannette Tiffany 2Cast Votes:50.00% 15 1751.72%51.52% Over Votes: 0 Under Votes: 2 0.00% 50.00% 0 14 16 00.00% 48.28% 0.00% 48.48% Precincts Counted 1 Total Percent 1 100.00% Voters 33 Ballots Registered Percent 354 9.32% Town Council 27 of 516 Meeting Date: May 23, 2011 Cumulative Report — Official Tarrant County — Joint Elections — May 14, 2011 Page 2 of 2 Total Number of Voters : 73,622 of 860,645 = 8.55% 05/19/2011 05:36 PM Precincts Reporting 197 of 197 = 100.00% Number of District Voters: 33 of 354 = 9.32%District Precincts Reporting 1 of 1 = 100.00% Party Candidate TotalElectionEarly Proposition No. 1 Town of Trophy Club, Vote For 1 3 16 1375.00%46.43%50.00%For 1 16 1525.00%53.57%50.00%Against 4Cast Votes:100.00% 28 3296.55%96.97% Over Votes: 0 Under Votes: 0 0.00% 0.00% 0 1 1 00.00% 3.45% 0.00% 3.03% Precincts Counted 1 Total Percent 1 100.00% Voters 33 Ballots Registered Percent 354 9.32% Proposition No. 1 Trophy Club MUD No. 1, Vote For 1 3 22 1975.00%76.00%75.86%For 1 7 625.00%24.00%24.14%Against 4Cast Votes:100.00% 25 2986.21%87.88% Over Votes: 0 Under Votes: 0 0.00% 0.00% 0 4 4 00.00% 13.79% 0.00% 12.12% Precincts Counted 1 Total Percent 1 100.00% Voters 33 Ballots Registered Percent 354 9.32% Town Council 28 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-254-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action: Title:Remarks to and from outgoing Council Member Stotts. Attachments: Action ByDate Action ResultVer. TITLE Remarks to and from outgoing Council Member Stotts. Town Council 29 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-255-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action: Title:Oath of Office to be administered by Municipal Court Judge, Mark Chambers, Presentation of Certificate of Election from Judge Chambers to Incoming Council Members and remarks by Council Members. Attachments: Action ByDate Action ResultVer. TITLE Oath of Office to be administered by Municipal Court Judge, Mark Chambers, Presentation of Certificate of Election from Judge Chambers to Incoming Council Members and remarks by Council Members. Town Council 30 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-252-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action: Title:Consider and take appropriate action regarding a change order to the Agreement between the Town and Freese and Nichols for services related to the development of the stormwater management plan. Attachments:F&N SWMP Change Order.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a change order to the Agreement between the Town and Freese and Nichols for services related to the development of the stormwater management plan. EXPLANATION: On Monday, May 16, 2011, a Town Hall meeting was held to give Trophy Club residents an opportunity to provide input for the drainage study being conducted by Freese & Nichols Engineering firm. Four areas of priority were identified for Phase 1 of the study: 1) Trophy Club Drive at Marshall Branch, 2) Skyline (Indian) Creek Channel analysis, 3) The Knoll/Overhill Drive Drainage Analysis, and 4) Fresh Meadows/Inverness Pond. After the Town Hall meeting adjourned, staff met to review the data collected and based on resident input, staff knowledge, and Freese & Nichol expertise, a decision was made to ask Council to consider adding a 5th priority to Phase 1 of the study: The drainage easement between homes on Cypress Ct. and Murfield and Troon Cts. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council 31 of 516 Meeting Date: May 23, 2011 Town Council 32 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-251-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Consider and take appropriate action regarding an Ordinance approving a negotiated resolution between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company, LLC regarding the Company's application to increase electric rates in all cities exercising original jurisdiction, declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; and providing an effective date. Attachments:2011 Oncor Ordinance Staff Report.pdf Copy of Cities Franchise Fee Payments.pdf ORD 2011-20 Oncor Final Settlement Ordinance.pdf Exhibit A - Oncor Tariff - Effective 072011.pdf Exhibit B - Oncor Tariff - Effective 012012.pdf Exhibit C - Oncor Stipulation.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance approving a negotiated resolution between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company, LLC regarding the Company's application to increase electric rates in all cities exercising original jurisdiction, declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; and providing an effective date. EXPLANATION: The Town, along with approximately 160 other cities served by Oncor Electric Delivery Company LLC (“Oncor” or “Company”), is a member of the Steering Committee of Cities Served by Oncor (“Steering Committee”). On or about January 7, 2011, Oncor filed with the Town an application to increase electric rates. The Oncor filing sought a $353 million rate increase. The Town worked with the Steering Committee to analyze the schedules and evidence offered by Oncor to support its request to increase rates. The Ordinance and attached rate and tariffs are the result of negotiations between the Steering Committee and the Company to resolve issues raised by the Steering Committee and other intervenors during the review and evaluation of the filing. The Ordinance resolves the Company’s filing by authorizing an increase in the Company’s base rate of $136.7 million. The monthly bill impact for the average residential customer will be a $2.35 increase (as opposed to the $5.00 per bill increase as proposed in the Company’s filing). Also, the settlement results in a system-wide rate increase of 6.1%. Residential customers will see an increase of 6.2%, much lower than Oncor’s requested 14.6% increase. Street lighting rates will increase 13.8%, which is also lower than Oncor’s requested increase of 25.9%. Oncor has agreed that it will not file another general base rate case prior to July 1, 2013. However, as cities are regulatory authorities, cities may still initiate a rate case prior to that date. Additionally, Oncor will pay cities retroactive franchise fees from the date the rates approved in Oncor’s prior rate case, Docket No. 35717, went into effect. Trophy Club's fee payment will be $13,099.03. Rates cannot change and the Settlement Agreement with Oncor cannot be implemented without passage of rate ordinances by cities. The purpose of the Ordinance is to approve rate tariffs (“Attachment A” and “Attachment B”) that reflect the negotiated rate changes pursuant to the process and to ratify a Settlement Agreement recommended by the Steering Committee. Town Council 33 of 516 Meeting Date: May 23, 2011 File #: 2011-251-T, Version: 1 .TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council 34 of 516 Meeting Date: May 23, 2011 STAFF REPORT The Town, along with approximately 160 other cities served by Oncor Electric Delivery Company LLC (“Oncor” or “Company”), is a member of the Steering Committee of Cities Served by Oncor (“Steering Committee”). On or about January 7, 2011, Oncor filed with the Town an application to increase electric rates. The Oncor filing sought a $353 million rate increase. The Town worked with the Steering Committee to analyze the schedules and evidence offered by Oncor to support its request to increase rates. The Ordinance and attached rate and tariffs are the result of negotiations between the Steering Committee and the Company to resolve issues raised by the Steering Committee and other intervenors during the review and evaluation of the filing. The Ordinance resolves the Company’s filing by authorizing an increase in the Company’s base rate of $136.7 million. The monthly bill impact for the average residential customer will be a $2.35 increase (as opposed to the $5.00 per bill increase as proposed in the Company’s filing). The Executive Committee of the Steering Committee and the Steering Committee’s legal counsel recommend that all city members of the Steering Committee adopt the Ordinance implementing the rate change. Background: The tariff was approved by the Executive Committee of the Steering Committee as part of the settlement agreement to resolve the Oncor rate filing at the Public Utility Commission of Texas. As stated above, the agreement reduces Oncor’s request for a $353 million increase to $136.7 million. The agreement does not change the current authorized capitalization of 60% debt and 40% equity and return on equity of 10.25% from Oncor’s last rate proceeding. Also, the settlement results in a system-wide rate increase of 6.1%. Residential customers will see an increase of 6.2%, much lower than Oncor’s requested 14.6% increase. Street lighting rates will increase 13.8%, which is also lower than Oncor’s requested increase of 25.9%. Oncor has agreed that it will not file another general base rate case prior to July 1, 2013. However, as cities are regulatory authorities, cities may still initiate a rate case prior to that date. Additionally, consistent with the District Court’s reversal of the Commission’s decision relating to municipal franchise fees in Docket No. 35717, Oncor will increase franchise fees to the contractually agreed to amounts within 60 days of the final order, or July 1, 2011, whichever is later. Additionally, Oncor will pay cities retroactive franchise fees from the date the rates approved in Oncor’s prior rate case, Docket No. 35717, went into effect. Oncor will also pay cities’ rate case expenses and recover those amounts over three years with no carrying charges. Finally, at its own expense, the Company will reinstate Rider SCUD, which provides for a 20% discount for institutions of higher learning. Town Council 35 of 516 Meeting Date: May 23, 2011 Purpose of the Ordinance: Rates cannot change and the Settlement Agreement with Oncor cannot be implemented without passage of rate ordinances by cities. The purpose of the Ordinance is to approve rate tariffs (“Attachment A” and “Attachment B”) that reflect the negotiated rate changes pursuant to the process and to ratify a Settlement Agreement recommended by the Steering Committee. As a result of the negotiations, the Steering Committee was able to reduce the Company’s requested $353 million increase to $136.7 million (a decrease of over 60% of the Company’s request). Approval of the Ordinance will result in the implementation of new rates that increase Oncor’s revenues in two phases: by $93.7 million effective July 1, 2011 (i.e. “Attachment A”) and by $43 million effective January 1, 2012 (“Attachment B”). Reasons Justifying Approval of the Negotiated Resolution: During the time that the Town has retained original jurisdiction in this case, consultants working on behalf of the Steering Committee have investigated the support for the Company’s requested rate increase. While the evidence does not support the $353 million increase requested by the Company, the Steering Committee consultants agree that the Company can justify an increase in revenues of $136.7 million. The agreement on $136.7 million is a compromise between the positions of the parties. The alternative to a settlement of the filing would be a contested case proceeding before the Public Utility Commission of Texas on the Company’s current application, would take several months and cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable than that to be produced by the settlement. The Executive Committee and counsel for the Steering Committee recommend that Steering Committee member cities take action to approve the Ordinance authorizing new rate tariffs. Explanation of “Be It Ordained” Paragraphs: 1. This paragraph approves all findings in the Ordinance. 2. This section adopts the attached tariffs (“Attachment A”) in all respects and finds the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. 3. This section requires the Company to reimburse the Steering Committee for reasonable rate making costs associated with reviewing and processing the application. 4. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. Town Council 36 of 516 Meeting Date: May 23, 2011 5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 6. This section is a savings clause, which provides that if any section(s) is later found to be 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. 7. This section is a “Most Favored Nations” clause, which protects the Town by mandating that if the Town determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s filing would be more beneficial to the Town than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the Town. 8. This section provides for an effective dates upon passage. Approval of the Ordinance will result in the implementation of new rates that increase Oncor’s revenues in two phases: by $93.7 million effective July 1, 2011 (i.e. “Attachment A”) and by $43 million effective January 1, 2012 (“Attachment B”). 9. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for the Steering Committee. Town Council 37 of 516 Meeting Date: May 23, 2011 Oncor Electric Delivery Company LLC Franchise Fee Payments Actuals Through March 31, 2011 and Estimates Through June 30, 2011 City Actual Estimate Total SHERMAN 148,812.28 24,466.47 173,278.75 SNYDER 27,980.38 4,598.53 32,578.91 SOUTHLAKE 61,301.49 8,234.86 69,536.35 SOUTHMAYD 1,012.35 0.00 1,012.35 SPRINGTOWN 26,314.38 0.00 26,314.38 ST. PAUL 543.56 0.00 543.56 STANTON 5,539.14 0.00 5,539.14 STEPHENVILLE 31,026.69 32,297.22 63,323.91 STREETMAN 346.91 345.37 692.28 SULPHUR SPRINGS 55,959.87 8,822.39 64,782.26 SUNNYVALE 33,492.85 4,764.49 38,257.34 SWEETWATER 26,527.69 4,451.55 30,979.24 TAYLOR 34,417.44 5,318.25 39,735.69 TEAGUE 7,379.30 1,347.09 8,726.39 TEHUACANA 466.06 93.27 559.33 TEMPLE 214,089.92 35,507.43 249,597.35 TERRELL 78,981.70 0.00 78,981.70 THE COLONY 56,619.71 10,373.21 66,992.92 THORNDALE 3,643.77 0.00 3,643.77 THORNTON 853.88 143.39 997.27 THORNTONVILLE 1,101.12 0.00 1,101.12 THRALL 994.21 989.81 1,984.02 TIRA 323.33 321.80 645.13 TOOL 1,693.86 0.00 1,693.86 TRINIDAD 4,553.66 0.00 4,553.66 TROPHY CLUB 13,099.03 13,041.02 26,140.05 TROUP 4,393.79 0.00 4,393.79 TROY 5,850.65 0.00 5,850.65 TYLER 319,682.02 47,020.04 366,702.06 UNIVERSITY PARK 77,560.85 10,569.15 88,130.00 VALLEY VIEW 3,331.27 0.00 3,331.27 VAN 8,417.60 0.00 8,417.60 VAN ALSTYNE 8,165.49 0.00 8,165.49 VENUS 2,277.44 2,431.57 4,709.01 WACO 409,954.50 61,615.29 471,569.79 WATAUGA 58,582.23 0.00 58,582.23 WAXAHACHIE 119,537.56 0.00 119,537.56 WEATHERFORD 1,378.54 0.00 1,378.54 10 Town Council 38 of 516 Meeting Date: May 23, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-20 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS (“TOWN”) APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR (“STEERING COMMITTEE”) AND ONCOR ELECTRIC DELIVERY COMPANY LLC (“ONCOR” OR “COMPANY”) REGARDING THE COMPANY’S APPLICATION TO INCREASE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ONCOR’S PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE’S LEGAL COUNSEL. WHEREAS, the Town of Trophy Club, Texas (“Town”) is an electric utility customer of Oncor Electric Delivery Company LLC (“Oncor” or “ Company”), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the Town is a member of the Steering Committee of Cities Served by Oncor (“Steering Committee”), a coalition of approximately 160 similarly situated cities served by Oncor that have joined together to facilitate the review of and response to electric issues affecting rates charged in the Oncor service area; and WHEREAS, on or about January 7, 2011, Oncor filed with the Town its application to increase electric base rates by approximately $353 million, such increase to be effective in every municipality within Oncor’s service territory; and WHEREAS, the Steering Committee coordinated their review of Oncor’s filing by designating an Executive Committee made up of Steering Committee representatives, assisted by Steering Committee attorneys and consultants, to resolve issues identified by the Steering Committee in the Company’s filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by the Steering Committee’s rate experts concluded that Oncor is able to justify an increase over current rates of $136.7 million; and WHEREAS, the Steering Committee has entered a Settlement Agreement (“Attachment C”) with Oncor to increase base rate revenues by $136.7 million; and Town Council 39 of 516 Meeting Date: May 23, 2011 WHEREAS, the Executive Committee of the Steering Committee, and the Steering Committee’s lawyers and consultants recommend that Steering Committee members approve the attached rate tariffs (“Attachment A” and “Attachment B” to this Ordinance), which will increase the Company’s revenue requirement by $136.7 million; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated resolution reached by the Steering Committee and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that if the Town determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s filing would be more beneficial to the Town than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the Town; and WHEREAS, the negotiated resolution of the Company’s filing and the resulting rates are, as a whole, in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the Town Council finds the existing rates for electric service provided by Oncor are unreasonable and new tariffs, which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. Section 3. That Oncor shall reimburse the reasonable ratemaking expenses of the Steering Committee in processing the Company’s rate application. Section 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. 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. Section 7. That if the Town determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s filing would be more beneficial to the Town than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the Town. Town Council 40 of 516 Meeting Date: May 23, 2011 Section 8. That this Ordinance and Settlement Agreement (“Attachment C”) shall become effective from and after its passage with rates authorized by attached Tariffs to be effective in two phases. Phase one tariffs (attached to this Ordinance as “Attachment A”), increasing Oncor’s revenues by $93.7 million, are effective for bills rendered on or after July 1, 2011. Phase two tariffs (attached to this Ordinance as “Attachment B”), increasing Oncor’s revenues by $43 million, are effective for bills rendered on or after January 1, 2012. Section 9. That a copy of this Ordinance shall be sent to Oncor, care of Autry Warren, Oncor Electric Delivery Company, LLC, 1601 Bryan St., 23rd Floor, Dallas, Texas 75201 and to Thomas Brocato, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this the 23rd day of May, 2011. Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council 41 of 516 Meeting Date: May 23, 2011 T o w n C o u n c i l 4 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 5 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 5 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 5 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 5 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 5 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 5 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 5 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 5 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 5 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 5 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 6 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 6 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 6 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 6 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 6 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 6 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 6 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 6 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 6 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 6 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 7 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 7 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 7 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 7 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 7 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 7 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 7 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 7 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 7 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 7 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 8 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 8 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 8 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 8 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 8 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 8 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 8 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 8 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 8 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 8 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 9 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 9 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 9 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 9 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 9 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 9 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 9 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 9 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 9 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 9 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 0 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 0 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 0 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 0 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 0 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 0 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 0 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 0 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 0 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 0 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 1 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 1 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 1 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 1 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 1 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 1 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 1 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 1 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 1 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 1 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 2 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 2 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 2 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 2 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 2 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 2 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 2 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 2 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 2 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 2 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 3 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 3 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 3 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 3 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 3 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 3 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 3 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 3 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 3 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 3 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 4 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 4 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 4 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 4 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 4 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 4 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 4 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 4 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 4 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 4 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 5 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 5 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 5 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 5 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 5 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 5 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 5 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 5 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 5 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 5 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 6 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 6 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 6 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 6 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 6 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 6 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 6 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 6 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 6 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 6 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 7 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 7 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 7 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 7 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 7 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 7 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 7 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 7 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 7 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 7 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 8 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 8 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 8 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 8 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 8 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 8 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 8 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 8 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 8 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 8 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 9 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 9 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 9 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 9 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 9 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 9 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 9 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 9 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 9 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 1 9 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 0 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 0 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 0 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 0 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 0 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 0 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 0 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 0 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 0 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 0 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 1 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 1 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 1 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 1 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 1 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 1 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 1 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 1 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 1 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 1 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 2 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 2 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 2 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 2 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 2 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 2 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 2 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 2 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 2 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 2 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 3 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 3 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 3 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 3 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 3 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 3 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 3 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 3 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 3 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 3 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 4 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 4 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 4 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 4 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 4 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 4 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 4 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 4 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 4 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 4 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 5 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 5 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 5 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 5 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 5 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 5 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 5 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 5 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 5 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 5 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 6 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 6 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 6 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 6 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 6 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 6 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 6 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 6 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 6 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 6 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 7 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 7 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 7 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 7 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 7 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 7 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 7 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 7 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 7 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 7 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 8 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 8 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 8 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 8 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 8 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 8 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 8 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 8 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 8 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 8 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 9 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 9 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 9 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 9 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 9 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 9 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 9 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 9 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 9 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 2 9 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 0 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 0 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 0 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 0 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 0 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 0 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 0 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 0 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 0 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 0 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 1 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 1 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 1 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 1 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 1 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 1 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 1 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 1 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 1 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 1 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 2 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 2 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 2 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 2 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 2 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 2 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 2 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 2 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 2 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 2 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 3 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 3 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 3 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 3 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 3 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 3 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 3 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 3 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 3 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 3 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 4 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 4 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 4 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 4 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 4 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 4 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 4 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 4 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 4 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 4 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 5 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 5 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 5 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 5 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 5 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 5 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 5 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 5 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 5 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 5 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 6 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 6 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 6 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 6 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 6 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 6 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 6 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 6 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 6 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 6 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 7 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 7 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 7 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 7 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 7 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 7 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 7 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 7 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 7 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 7 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 8 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 8 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 8 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 8 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 8 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 8 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 8 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 8 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 8 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 8 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 9 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 9 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 9 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 9 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 9 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 9 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 9 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 9 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 9 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 3 9 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 0 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 0 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 0 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 0 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 0 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 0 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 0 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 0 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 0 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 0 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 1 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 1 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 1 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 1 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 1 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 1 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 1 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 1 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 1 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 1 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 2 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 2 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 2 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 2 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 2 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 2 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 2 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 2 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 2 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 2 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 3 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 4 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 1 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 2 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 3 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 4 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 5 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 6 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 7 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 8 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 5 9 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 T o w n C o u n c i l 4 6 0 o f 5 1 6 M e e t i n g D a t e : M a y 2 3 , 2 0 1 1 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-258-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2010-12 authorizing participation in various cooperative purchasing programs and adopting a new Resolution identifying the cooperative purchasing programs approved for Town participation in accordance with the Town's Procurement Policies and Procedures; and providing an effective date. Attachments:RES 2011-12 Participation in Coop Purchasing Programs.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution repealing Resolution No. 2010-12 authorizing participation in various cooperative purchasing programs and adopting a new Resolution identifying the cooperative purchasing programs approved for Town participation in accordance with the Town's Procurement Policies and Procedures; and providing an effective date. EXPLANATION: The Procurement Policies and Procedures of the Town authorize purchases from a cooperative purchasing program or other approved state program provided that the Town Council has approved participation in those programs via resolution. The attached Resolution has been updated to include an additional state authorized program. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council 461 of 516 Meeting Date: May 23, 2011 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2011-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2010-12 AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS AND ADOPTING A NEW RESOLUTION AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS IN ACCORDANCE WITH THE TOWN’S PROCUREMENT POLICIES AND PROCEDURES; IDENTIFYING THOSE COOPERATIVE PURCHASING PROGRAMS APPROVED FOR TOWN PARTICIPATION; APPOINTING THE TOWN MANAGER OR HIS DESIGNEE AS THE PROGRAM COORDINATOR OF COOPERATIVE PURCHASING PROGRAMS; AUTHORIZING EXECUTION OF ANY AND ALL NECESSARY AGREEMENTS FOR PARTICIPATION IN THE COOPERATIVE PROGRAMS BY THE MAYOR OR HER DESIGNEE AND APPROVING RELATED CONTRACTS AND THE PAYMENT OF RELATED FEES IN ACCORDANCE WITH THE BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 271 of the Texas Local Government Code authorizes a local government to participate in a cooperative purchasing program and provides that purchases made pursuant to an agreement with a local cooperative organization satisfy state laws requiring the local government to seek competitive bids for the purchase of the goods or services; and WHEREAS, the Procurement Policies and Procedures of the Town of Trophy Club authorize purchases from a cooperative purchasing program or other approved state program provided that the Town Council has approved participation; and WHEREAS, Town’s participation in the cooperative purchasing programs and other approved state programs will improve efficiency in the purchasing process by allowing the Town to meet competitive bid requirements, to identify and purchase goods and services from qualified vendors, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings that such programs provide; and WHEREAS, upon consideration of the cooperative purchasing programs specified in this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the Town’s participation in these programs is beneficial and should be approved, that Resolution No. 2010-12 should be repealed in its entirety, that this Resolution be adopted, and that the Town Manager or his designee is appointed as the Program Coordinator for the Town’s membership in such cooperative programs; and Town Council 462 of 516 Meeting Date: May 23, 2011 WHEREAS, in the event that participation in any of the cooperative purchasing programs approved by this Resolution requires the execution of an Agreement and / or the payment of a fee, such Agreement and fee are hereby approved and the Mayor or her designee is hereby authorized to execute any necessary Agreements for participation in such program(s) and the Program Coordinator is authorized to approve the payment of applicable fees provided that funds are budgeted and available for such participation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The foregoing premises, which are hereby found to be true and to be in the best interest of the Town of Trophy Club and its citizens, are hereby adopted. Section 2. The Town’s participation in the following cooperative purchasing programs is hereby authorized and approved in accordance with the terms of this Resolution and of the Town of Trophy Club Procurement Policies and Procedures: Department of Information Resources (DIR) Texas Building and Procurement Commission (TBPC) Texas Multiple Award Schedules (TXMAS) Texas Interlocal Purchasing System (TIPS) Texas Procurement and Support Services (TPASS) The Cooperative Purchasing Network (TCPN) Houston-Galveston Area Council Cooperative Purchasing Program (H-GAC) Western States Contracting Alliance US Communities BuyBoard US General Services Administration (GSA) North Central Texas Council of Government Cooperative Purchasing Program (NCTCOG) National Joint Powers Alliance (NJPA) Section 3. The Town Manager or his designee is appointed as the Program Coordinator for the Town’s membership in approved cooperative purchasing programs. The Program Coordinator is authorized to approve the payment of applicable fees for approved programs provided that funds are budgeted and available for such participation. Section 4. The Mayor or her designee is hereby authorized to execute any necessary Agreements for participation in such program(s) according to the terms and conditions set forth in this Resolution and the Town’s Procurement Policies and Procedures. Section 5. This Resolution shall become effective immediately upon its passage. Town Council 463 of 516 Meeting Date: May 23, 2011 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 23rd day of May, 2011. ______________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 464 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-268-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/19/2011 Town Council On agenda:Final action:5/23/2011 Title:Consider and take appropriate action regarding a Resolution of the Town of Trophy Club , Texas approving the submission of the grant application for the Community Oriented Policing Initiative Program for the 2011-2012/ 2012-2013/ 2013-2014 fiscal years; authorizing the Town Manager or his designee to execute all necessary documents; and provide an effective date. Attachments:RES 2011-13 COPS RESOLUTION.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town of Trophy Club , Texas approving the submission of the grant application for the Community Oriented Policing Initiative Program for the 2011-2012/ 2012-2013/ 2013-2014 fiscal years; authorizing the Town Manager or his designee to execute all necessary documents; and provide an effective date. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council 465 of 516 Meeting Date: May 23, 2011 TOWN OF TROPHY CLUB RESOLUTION NO. 2011-13 A RESOLUTION OF THE TOWN OF TROPHY CLUB , TEXAS APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE COMMUNITY ORIENTED POLICING INITIATIVE PROGRAM FOR THE 2011-2012/ 2012-2013/ 2013-2014 FISCAL YEARS; AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDE AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club finds it in the best interest of the Citizens of Trophy Club that the Community Oriented Policing Initiative Program be operated in the 2011-2012/ 2012-2013 and 2013-2014 fiscal years; and WHEREAS, The Town of Trophy Club agrees to retain the police officer hired under the terms of the Community Oriented Police Hiring Recovery Program for a minimum of 12 months after the completion of the three year grant program as required by the United States Department of Justice Community Oriented Policing Hiring Recovery Program; and WHEREAS, The Town of Trophy Club designates Mike Slye, Town Manager, as the grantee’s Authorized Official. The Authorized Official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; Section 1. The Town of Trophy Club approves submission of the grant application for the Community Oriented Policing Initiative Program to the Office of Community Oriented Policing, United States Department of Justice and authorizes the Town Manager or his designee to execute all necessary documents, Section 2. That, this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 23rd day of May, 2011. Connie White, Mayor Town of Trophy Club, Texas [SEAL] Town Council 466 of 516 Meeting Date: May 23, 2011 ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council 467 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-261-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Consider and take appropriate action regarding financial and variance report dated April 2011. Attachments:April 2011 Monthly Financial Report-General Fund.pdf April 2011 Monthly Town General Fund Financial Report Explanation of Variances.pdf April 2011 Monthly Trophy Club Park Financial Report Explanation of Variances.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding financial and variance report dated April 2011. Town Council 468 of 516 Meeting Date: May 23, 2011 Amended April Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2010-11 FY 2010-11 Actual Actual Variance % of Budget REVENUE PROPERTY TAXES 3,423,998$ 3,423,998$ 25,511$ 3,368,927$ (55,071)$ 98.4% SALES TAX 517,450 517,450 32,103 185,440 (332,010) 35.8% FRANCHISE FEES 565,200 565,200 84,314 166,125 (399,075) 29.4% BUILDING PERMITS 504,000 504,000 48,570 309,868 (194,132) 61.5% DEVELOPER FEES 50,000 81,766 21,785 160,542 78,776 196.3% MUD SERVICE CONTRACT 228,076 228,076 228,076 228,076 - 100.0% EMS & MUNICIPAL COURT 300,633 300,633 30,334 185,728 (114,905) 61.8% TRANSFERS & OTHER REVENUE 384,442 384,442 33,358 201,568 (182,874) 52.4% RECREATION PROGRAMS 181,300 181,300 21,863 23,460 (157,840) 12.9% TOTAL REVENUE 6,155,099 6,186,865 525,914 4,829,733 (1,357,132) 78.1% EXPENDITURES MANAGER'S OFFICE 546,417 546,417 56,358 312,934 (233,483) 57.3% POLICE 1,468,489 1,500,255 147,508 809,168 (691,087) 53.9% EMS 676,891 676,891 64,330 373,309 (303,582) 55.2% STREETS 398,446 398,446 28,012 214,497 (183,949) 53.8% PARKS 912,577 946,877 75,977 502,450 (444,427) 53.1% RECREATION 615,088 615,088 33,485 161,421 (453,667) 26.2% PLANNING & ZONING 144,694 144,694 12,398 73,086 (71,608) 50.5% COMMUNITY DEVELOPMENT 191,206 191,206 17,556 96,069 (95,137) 50.2% COURT 79,751 79,751 7,995 43,608 (36,143) 54.7% LEGAL 154,818 154,818 17,024 80,967 (73,851) 52.3% FINANCE 390,915 390,915 20,266 219,989 (170,927) 56.3% INFORMATION SYSTEMS 296,337 296,337 26,654 161,729 (134,608) 54.6% HUMAN RESOURCES 81,752 81,752 8,964 49,420 (32,332) 60.5% FACILITIES MANAGEMENT 77,580 77,580 12,397 50,999 (26,581) 65.7% TOTAL EXPENDITURES 6,034,961 6,101,027 528,924 3,149,645 (2,951,382) 51.6% EXCESS/(DEFICIT)120,138$ 85,838$ (3,010)$ 1,680,088$ CURRENT FISCAL YEAR, 2010-11 April 2011 GENERAL FUND 7/12 Months (58.3% of Fiscal Year) Town Council 469 of 516 Meeting Date: May 23, 2011 Amended April Year-to- Budget Budget 2011 Date Y-T-D Y-T-D FY 2010-11 FY 2010-11 Actual Actual Variance % of Budget REVENUE PARK REVENUE 126,000$ 126,000$ 13,387$ 68,509$ (57,492)$ 54.4% TOTAL RESOURCES 126,000 126,000 13,387 68,509 (57,492) 54.4% EXPENDITURES TROPHY CLUB PARK 126,000 126,000 23,882 65,862 (60,138) 52.3% TOTAL EXPENDITURES 126,000 126,000 23,882 65,862 (60,138) 52.3% EXCESS/(DEFICIT)-$ -$ (10,495)$ 2,646$ TROPHY CLUB PARK FUND CURRENT FISCAL YEAR, 2010-11 April 2011 7/12 Months (58.3% of Fiscal Year) Town Council 470 of 516 Meeting Date: May 23, 2011 GENERAL FUND April 2011 7/12 Months (58.3% of Fiscal Year) R EVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax - As required by the Government Accounting Standards Board, sales tax is reported for the month it is collected by the vendor. April, 2011 collections are remitted to the Town in June, 2011. Receipts are reported on a two month lag, therefore April, 2011 revenues reflect only five months (41.6% of fiscal year) of sales tax collections for the current fiscal year to date. Franchise Taxes – Franchise fees include payments for electric, gas, telecommunication, and cable services, as well as, waste collection. Most franchise fees are received quarterly. Atmos Gas, Oncor/TXU, and Tri-County Electric franchises are paid on an annual basis in early spring. The actual year to date revenue includes the monthly franchise payments from Allied Waste and the annual payment from Tri- County Electric. The electric franchise payment from Oncor usually arrives in June and makes up a significant portion of total franchise revenue (over 50%). Developer Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure. Actual fiscal year-to-date receipts include development fees for The Highlands Neighborhoods 1, 5, and 6. MUD Service Contract – The employee service agreement between the Town and MUD1 included payment in two separate installments, October 2010 and March 2011. The current year to date revenue reflects the October 2010 and March 2011 installment. Recreation Programs – Recreation programs are seasonal and should increase in the spring and summer months. EXPENDITURES Recreation – Recreation programs are seasonal and should increase in the spring and summer months. Town Council 471 of 516 Meeting Date: May 23, 2011 TROPHY CLUB PARK FUND April 2011 7/12 Months (58.3% of Fiscal Year) R EVENUES Park Revenue – The Motocross Track opened in November, 2008 and use of the park is seasonal. Town Council 472 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-260-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Town Council Liaison Updates and discussion of same: - Parks and Recreation Board, May 10, 2011 - Council member Hoover Attachments: Action ByDate Action ResultVer. TITLE Town Council Liaison Updates and discussion of same: - Parks and Recreation Board, May 10, 2011 - Council member Hoover Town Council 473 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-262-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Town Manager Slye's update regarding the following; discussion of the same. - Introduce Eric Cannon, Finance Director - GFOA's Distinguished Budget Presentation Award - Town Council Retreat, June 3, 2011 Update - TxDot 114/170 Project Update Attachments:Budget Award 10-11.pdf Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of the same. - Introduce Eric Cannon, Finance Director - GFOA's Distinguished Budget Presentation Award - Town Council Retreat, June 3, 2011 Update - TxDot 114/170 Project Update Town Council 474 of 516 Meeting Date: May 23, 2011 Town Council 475 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-263-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action: Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - May 3, 2011 Chamber Luncheon - May 5, 2011 National Day of Prayer - May 5, 2011 NISD Gala - May 10, 2011 Wounded Warriors Fundraiser - May 11, 2011 Northwest Communities Partnership Meeting - May 23, 2011 Home Instead Senior Care - Giving Back to the Community Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same: - May 3, 2011 Chamber Luncheon - May 5, 2011 National Day of Prayer - May 5, 2011 NISD Gala - May 10, 2011 Wounded Warriors Fundraiser - May 11, 2011 Northwest Communities Partnership Meeting - May 23, 2011 Home Instead Senior Care - Giving Back to the Community Town Council 476 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-264-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council 477 of 516 Meeting Date: May 23, 2011 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding placing policies and procedures on the Town web site. (Rose, 2/1/10) 3. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 4. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 5. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 6. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 7. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 8. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011) 9. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) Town Council 478 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-265-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action:5/23/2011 Title:Council to convene into executive session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act Personnel Matters (§551.074(a)(1)): (1) Appointment of Mayor Pro Tem. Attachments: Action ByDate Action ResultVer. TITLE Council to convene into executive session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act Personnel Matters (§551.074(a)(1)): (1) Appointment of Mayor Pro Tem. Town Council 479 of 516 Meeting Date: May 23, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-266-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/17/2011 Town Council On agenda:Final action: Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Executive Session. Town Council 480 of 516 Meeting Date: May 23, 2011 Supplemental Information Town Council 481 of 516 Meeting Date: May 23, 2011 Ac t i v i t y Ja n u a r y Fe b r u a r y Ma r c h Ap r i l Ma y Ju n e Ju l y Au g u s t Se p t e m b e r Oc t o b e r No v e m b e r December Total Ac c i d e n t s - M i n o r 2 2 2 7 13 Ac c i d e n t s - M a j o r 1 0 0 1 2 Ac c i d e n t - H i t & R u n 3 1 0 2 6 As s a u l t s 1 1 0 1 3 Bu r g l a r A l a r m s 21 20 21 49 111 Bu r g l a r y I n P r o g r e s s 1 3 1 0 5 Bu r g l a r y I n v e s t i g a t i o n s 2 0 4 4 10 Su s p i c i o u s A c t i v i t y 8 9 13 15 45 De c e a s e d P e r s o n 0 1 0 0 1 E. D . P . 0 0 0 0 0 Di s t u b a n c e 1 3 5 5 5 28 Do m e s t i c D i s t u r b a n c e 6 8 3 5 22 An i m a l C o m p l a i n t 32 55 35 48 170 In t o x . P e r s o n 4 1 2 1 8 Bu r g . M o t o r V e h i c l e 2 0 2 3 7 Fi g h t 0 0 0 0 0 D. W . I . 0 0 0 0 0 As s i s t F i r e D e p t . 5 14 1 6 26 Bi c y c l e P a t r o l 0 0 0 0 0 As s i s t E M S 1 0 5 3 4 22 Me e t C o m p l a i n a n t 15 8 12 11 46 Pa r k i n g V i o l a t i o n 11 4 29 69 68 280 Tr a f f i c S t o p 28 0 18 0 27 5 23 0 965 Pe r s o n w / A G u n 1 0 0 0 1 Pr i s o n e r D e t a i l 0 0 1 0 1 Ro b b e r y 0 0 0 0 0 Pr o w l e r 1 0 0 1 2 Su s p i c i o u s P e r s o n 6 1 9 6 22 Su s p i c i o u s V e h i c l e 16 9 15 18 58 Th e f t I n v e s t i g a t i o n 10 0 12 5 27 Po l i c e D e p a r t m e n t S t a t s - 2 0 1 1 To w n Co u n c i l 48 2 of 51 6 Meeting Date: May 23, 2011 Ab a n d o n d V e h i c l e 1 0 0 0 1 Ab a n d o n d / F o u n d P r o p e r t y 0 0 2 1 3 Co u r t 0 0 1 1 2 Es c o r t 0 0 3 1 4 Eq u i p m e n t S e r v i c e 5 6 9 9 29 In f o r m a t i o n 5 3 5 2 15 Cr i m i n a l M i s c h i e f 3 6 6 6 21 Mi s s i n g P e r s o n 1 1 1 0 3 Op e n D o o r 9 5 8 2 0 42 Ar r e s t 6 13 12 7 38 St o l e n V e h i c l e 0 1 0 1 2 As s i s t C i t i z e n 3 3 1 3 10 As s i s t O f f i c e r 45 52 49 59 205 Ci t y O r d . V i o l a t i o n 27 10 19 67 123 Ci v i l S t a n d b y 2 0 0 2 4 Cr i m i n a l T r e s p a s s 2 0 0 0 2 Fo l l o w U p 10 11 8 11 40 Fo r g e r y 1 3 1 2 7 Ki d n a p p i n g 0 0 0 0 0 Ha r a s s m e n t 1 1 1 0 3 Pr e m i s e C h e c k 99 93 12 7 11 1 430 Ru n a w a y 0 0 1 2 3 Sp e c i a l A s s i g n m e n t 18 16 16 11 61 Su i c i d e / T h r e a t 1 0 0 0 1 Su r v e i l l a n c e 0 0 1 0 1 Tr a f f i c D e t a i l 0 1 9 5 15 Tr a i n i n g 22 26 17 6 71 Wa r r a n t S e r v i c e 1 1 8 0 10 Wr i t e R e p o r t 17 15 9 11 52 Cr i m e P r e v e n t i o n 6 0 8 4 18 De l i v e r P a c k e t s 17 2 10 27 56 Fo o t P a t r o l 56 78 58 62 254 Ho u s e / B u s i n e s s C h e c k 13 6 10 6 14 7 12 2 511 To w n Co u n c i l 48 3 of 51 6 Meeting Date: May 23, 2011 Na r c o t i c s V i o l a t i o n 0 3 2 1 6 Te r r o r i s t i c T h r e a t 0 0 0 0 0 Cr i m e s A g a i n s t C h i l d r e n 0 1 0 0 1 Wa r r a n t I n d i c a t e d 0 0 0 0 0 As s i s t M o t o r i s t 4 15 7 5 31 Ve h i c l e C o m p l a i n t 6 8 7 1 0 31 As s i s t O t h e r A g e n c y 1 0 6 7 7 30 Ju v e n i l e C o m p l a i n t 3 7 4 2 16 Sc h o o l R e l a t e d 15 48 52 31 146 91 1 H a n g U p 2 4 3 1 10 Ad m i n D u t y 88 92 91 77 348 Id e n t i t y T h e f t 0 3 4 1 8 We l f a r e C o n c e r n 6 6 3 4 19 Cl o s e P a t r o l s 20 1 10 7 52 9 57 7 1414 To t a l N u m b e r o f C a l l s 1, 3 8 3 1, 1 0 5 1, 7 3 1 1, 7 5 9 0 0 0 0 0 0 0 0 5,978 To w n Co u n c i l 48 4 of 51 6 Meeting Date: May 23, 2011 1 May 6, 2011 Number 18 CITIES PLAY ELECTION DATE WAITING GAME Two election bills moving through the process this session make it an almost certainty that cities’ current May election date, the second Saturday in May, will no longer be viable. The reason for this is that federal law is forcing the state primary elections later into April or May, making it difficult or impossible for cities to get access to election machines that are tied up with the primary election occurring before and after that old May date. There is one possible solution that will preserve a spring city election date: cities can attempt to piggy-back their spring election onto some other primary or primary run-off date that will occur in spring. There’s one problem with this strategy: none of the bills in the process so far can agree on when the primary or primary run-off dates will be. Proposed dates are spread from April to June, and it is totally unclear at this stage which dates will prevail. Cities must remain flexible, in other words, and accept that we may not know until the dust settles from this legislative session what our 2012 election date options will be. The League’s strategy at this point is this: cities will accept any April, May, or June election date option that piggy-backs on some other election date (thus, allowing voting machine sharing). Otherwise, we risk losing a workable spring date altogether, forcing all cities to switch to November elections. City officials concerned about keeping a viable spring election date should call or e-mail their representatives and senators now DON’T MISS THE LEAGUE’S 2011 LEGISLATIVE WORKSHOPS The League is pleased to offer live and online seminars regarding the 2011 legislative session:  Online on May 13.  Live in Austin on June 27. Please go to www.tml.org and click on “Training.” Town Council 485 of 516 Meeting Date: May 23, 2011 2 with the following message: no matter what happens with the state’s election date bills, S.B. 100 by Van de Putte and H.B. 111 by Van Taylor, cities should be allowed a spring election date that piggy-backs on some other state election that occurs in April, May, or June. We’ll take whatever date we can get; just don’t freeze us out of the process. SENATE PASSES BUDGET After a series of parliamentary maneuvers, the Senate passed the Committee Substitute to House Bill 1 (C.S.H.B. 1). On Tuesday, Senator Ogden (the Senate sponsor of C.S.H.B. 1 and the chairman of the Senate Finance Committee) failed to secure the necessary 21 votes to suspend the rules to bring the bill before the full Senate. Using an obscure Senate rule allowing House bills to be considered on Wednesdays without suspending the regular order of business (which requires a 2/3 vote), Senator Ogden needed only 16 votes to pass the bill. The Senate voted 19- 12 to pass the bill, with all 12 Democrats voting against. The Senate amended C.S.H.B. 1 to make additional across-the-board reductions of 1.2 percent in general revenue appropriations to state agencies. This will likely affect the cuts that we have previously reported to mixed beverage tax reimbursements, local parks grants, library aid, solid waste grants, and homeless funds. C.S.H.B. 1 now returns to the House. Each chamber will now appoint a conference committee to work out the differences. In the next few days, TML will send out a survey asking each city to rank – in order of importance – the various cuts found within C.S.H.B. 1. We will then actively work to restore the cuts based on your input, which will guide League staff as we work with the conference committee in the days ahead. MORE ON COURT FEES The following Texas Municipal League news release was issued last week: Texas Senate votes for $87 in state fees on every traffic ticket AUSTIN – The Texas Senate on Thursday voted to increase the state fees that cities and counties have to collect on every traffic violation to $87. The House of Representatives is considering a separate bill that would add another $15 on top of that for a total of $102 in state fees on each municipal or county traffic ticket. The State of Texas currently adds $82 to every traffic fine collected by cities, which amounted to $235 million in 2010. An amendment by Sen. Jose Rodriguez (D-El Paso) to SB 1811 passed the Texas Senate Friday on a vote of 17 - 14. In the House, HB 258 by Rep. Naomi Gonzalez (D-El Paso) which would add another $15 to each ticket has been approved by the Ways and Means Committee. Town Council 486 of 516 Meeting Date: May 23, 2011 3 “Using a tax on city traffic tickets to pay for state programs is a deceptive way to increase spending that turns city police officers into state tax collectors,” said Texas Municipal League Executive Director Bennett Sandlin. “Legislators want to use the revenue for worthwhile state programs,” Sandlin said. “But adding more state fees to municipal traffic violations is just the wrong way for the state to raise money regardless of how worthy the cause. The legislature is making minor traffic infractions unaffordable for many drivers and uncollectable for cities.” Since 2002, the state fee on every municipal traffic violation, except for pedestrian and parking violations, has more than doubled, rising from $40 to $82. Regardless of the amount a city is able to collect on a traffic violation, the state gets $82 before the city gets any fine money. The Legislative Budget Board estimates that only 65 percent of traffic fines will be paid with the additional state fee. Some cities have seen collection rates drop below 50 percent as states fees have soared. 2011 FEDERAL BUDGET LIKELY TO CUT CDBG FUNDING Cities expecting Community Development Block Grant (CDBG) funds should anticipate seeing less federal funding in the upcoming grant cycle. Last week, the U.S. Department of Housing and Urban Development released a publication titled “Frequently Asked Questions on CDBG Funding in the Fiscal Year 2011 Budget.” In it, HUD estimated that CDBG funding will be roughly $3.343 billion in Fiscal Year 2011, which represents a 15.15-percent reduction in comparison to Fiscal Year 2010. To access the FAQ on CDBG funding, please visit http://www.tml.org/legal_pdf/FAQs_on_Fiscal_Year_2011.pdf. SIGNIFICANT COMMITTEE ACTIONS H.B. 4 (Pitts), Relating to making supplemental appropriations and giving direction and adjustment authority regarding appropriations. Reported from the Senate Finance Committee. H.B. 219 (Gallego), Relating to the electronic recording and admissibility of certain custodial interrogations. Reported from the House Committee on Criminal Jurisprudence. (Companion bill is S.B. 123 by Ellis.) H.B. 263 (Hilderbran), Relating to an excavator’s duty to notify a notification center before excavating. Reported from the House Committee on State Affairs. H.B. 278 (Alonzo), Relating to pretrial hearings in criminal cases. Reported from the House Committee on Criminal Jurisprudence. Town Council 487 of 516 Meeting Date: May 23, 2011 4 H.B. 519 (S. Turner), Relating to financing programs for low-income electric customers and certain other electric customers. Reported from the House Committee on State Affairs. H.B. 571 (Huberty), Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality. Reported from the Senate Natural Resources Committee. H.B. 577 (McClendon), Relating to emergency prehospital care provided by emergency services personnel. Reported from the House Committee on Public Health. H.B. 597 (Madden), Relating to adding certain synthetic cannabinoids to Penalty Group 2 of the Texas Controlled Substances Act. Reported from the House Committee on Criminal Jurisprudence. (Companion bill is S.B. 331 by Shapiro.) H.B. 629 (Pickett), Relating to the use of municipal or county sales tax increment financing for a transportation reinvestment zone. Reported from the House Committee on Transportation. H.B. 889 (Lewis), Relating to the appraisal for ad valorem tax purposes of a real property interest in oil or gas in place. Reported from the House Committee on Ways and Means. (Companion bill is S.B. 1505 by Uresti.) H.B. 1047 (Schwertner), Relating to the impoundment of a motor vehicle if operated without financial responsibility and a driver's license. Reported from the House Committee on Transportation. As reported, the bill would: (1) authorize a peace officer to impound the vehicle of a person who is involved in a motor vehicle accident or is stopped for an alleged violation of city ordinance or state traffic law and who operates a vehicle but fails to establish financial responsibility for the vehicle, such as liability insurance; (2) require the officer to provide a written explanation about how to recover the vehicle; and (3) establish criteria under which a law enforcement agency may release the vehicle. H.B. 1090 (N. Gonzalez), Relating to the calculation of interest on certain ad valorem tax refunds. Reported from the House Committee on Ways and Means. (Companion bill is S.B. 641 by Seliger.) H.B. 1105 (Harper-Brown), Relating to the adoption and implementation of a policy by the Texas Transportation Commission providing for the accommodation of pedestrians, bicyclists, persons with disabilities, children, senior citizens, users of public. Reported from the House Committee on Transportation. (Companion bill is S.B. 513 by Ellis.) H.B. 1122 (Weber), Relating to the trafficking of persons. Reported from the House Committee on Criminal Jurisprudence. H.B. 1365 (Callegari), Relating to requiring flashing lights to be posted before an intersection at which a photographic system is used to enforce compliance with traffic-control signals. Reported from the House Committee on Urban Affairs. Town Council 488 of 516 Meeting Date: May 23, 2011 5 H.B. 1377 (V. Taylor), Relating to the authority of peace officers to request fingerprints during motor vehicle stops. Reported from the House Committee on Homeland Security and Public Safety. H.B. 1552 (Madden), Relating to the monitoring of and the provision of certain information regarding certain high-risk sex offenders. Reported from the House Committee on Corrections. H.B. 1671 (Marquez), Relating to allowing a governmental body to redact certain personal information under the public information law without the necessity of requesting a decision from the attorney general and the calculation of certain deadlines under. Reported from the House Committee on State Affairs. As reported, the bill would: (1) authorize a governmental body to redact certain motor vehicle record information without the necessity of requesting a decision from the attorney general, but allowing the requestor to seek a decision from the attorney general if desired; (2) authorize a governmental body to redact a credit card, debit card, charge card, or access device number without the necessity of requesting a decision from the attorney general, but allowing the requestor to seek a decision from the attorney general if desired; (3) make a public information request that is modified in response to the requirement of a deposit or bond a separate request that is considered received on the date the governmental body receives the modified request; and (4) provide that if a governmental body receives a written request by mail and cannot establish the actual date of receipt, the written request is considered to be received on the third business day after the date of the postmark. (Companion bill is S.B. 602 by Rodriguez.) H.B. 1765 (S. Miller), Relating to an emergency public service messaging network. Reported from House Committee on Homeland Security and Transportation. As reported, the bill would allow a sign vendor to place billboards that display emergency information and commercial advertising in cities on evacuation routes, the location of which: (1) does not have to comply with state law or city ordinance; but (2) can be located in a city only with the permission of the mayor. (Companion bill is S.B. 971 by Hinojosa.) H.B. 2019 (McClendon), Relating to the establishment, operation, and funding of victim- offender mediation programs. Reported from the House Committee on Criminal Jurisprudence. As reported, the bill would: (1) authorize a city to create a pretrial victim-offender mediation program to be directed by the city’s prosecutor for first-time offenders accused of certain property crimes, including arrested persons who have not yet been indicted or otherwise formally charged; and (2) require a defendant to pay for program costs up to a certain point, plus a $15 fee to be deposited in a fund exclusively for the maintenance of the program. H.B. 2042 (Menendez), Relating to defense base development authorities, including the powers of an authority and the taxation of certain tangible personal property located on the base property for which the authority is established. Reported from the House Committee on Defense and Veteran’s Affairs. H.B. 2043 (Menendez), Relating to the taxation of certain tangible personal property located inside a defense base development authority. Reported from the House Committee on Defense and Veteran’s Affairs. Town Council 489 of 516 Meeting Date: May 23, 2011 6 H.B. 2075 (Martinez), Relating to certain diseases or illnesses suffered by firefighters and emergency medical technicians. Reported from the House Committee on Urban Affairs. As reported, the bill would provide that: (1) a firefighter or emergency medical technician (EMT) that has a heart attack or stroke while on duty is presumed to have suffered the illness or death during the course and scope of employment, which means he or she would be covered by workers' compensation for that condition; (2) a firefighter or EMT who contracts acquired immune deficiency syndrome (AIDS), human immunodeficiency vicrus (HIV), hepatitis B, or hepatitis C is presumed to have contracted the disease during the course and scope of employment, which means he or she would be covered by workers' compensation for that condition, if – while on duty: (a) the firefighter or EMT was exposed to a person with these diseases who received treatment from the firefighter or EMT; or (b) the firefighter or EMT regularly responded to scenes or calls involving exposure to blood or other bodily fluids; and (3) a firefighter or EMT who contracts methicillin-resistant staphylococcus aureus (MRSA) resulting in illness or death is presumed to have suffered the illness or death during the course and scope of employment, which means he or she would be covered by workers' compensation for that condition – if, while on duty, the firefighter or EMT was exposed to a person with MRSA who received treatment from the firefighter or EMT. H.B. 2084 (Kolkhorst), Relating to the regulation of small food production and sales operations. Reported from the House Committee on Public Health. As reported, this bill would: (1) prohibit a local health department from regulating a cottage food production operation; and (2) require a local health department to keep a record of any complaint against a cottage food production operation. H.B. 2116 (Coleman), Relating to standards of care and confinement for dogs and cats. Reported from the House Committee on County Affairs. H.B. 2174 (Hartnett), Relating to the establishment of the judicial access and improvement account to provide funding for basic civil legal services, indigent defense, and judicial technical support through certain county service fees. Reported from the House Committee on Judiciary and Civil Jurisprudence. As reported, the bill would: (1) create a $5 fee for judicial access and improvement to be collected on certain offenses and remitted to the comptroller for deposit in a judicial access and improvement account; (2) authorize a city to keep five percent of the fee; and (3) require that the comptroller halt or diminish the fee collected for a biennium if the legislature does not appropriate funds from the account for the purposes for which it was intended, or appropriates only some of the funds for that purpose. H.B. 2237 (Lyne), Relating to the taxation and titling of certain off-road vehicles. Reported from the House Committee on Transportation. As reported, the bill would provide that certain off-road vehicles are defined as “motor vehicles” under the Transportation Code, which would remove those vehicles from the general sales tax and make them subject to only the motor vehicle sales tax. H.B. 2285 (Nash), Relating to reimbursement from a person on community supervision for the collection of certain materials used in an investigation. Town Council 490 of 516 Meeting Date: May 23, 2011 7 H.B. 2285 (Dutton), Relating to periodic reauthorization of municipal building permit fees. Reported from the House Committee on Urban Affairs. H.B. 2338 (S. Miller), Relating to the posting on the Internet by tax officials of information regarding ad valorem tax rates. Reported from the House Committee on Ways and Means. H.B. 2397 (S. Miller), Relating to the prosecution of and punishment for the offense of breach of computer security. Reported from the House Committee on Criminal Jurisprudence. As reported, the bill would provide that: (1) it is a state jail felony to knowingly access a computer, computer network, or computer system without effective consent of the owner if the computer, computer network, or computer system is owned by the government or a critical infrastructure facility; (2) it is a second degree felony to knowingly access a computer, computer network, or computer system without effective consent of the owner in order to obtain a benefit, defraud or harm another, or alter, damage, or delete property if the aggregate amount involved is less than $200,000 and the computer, computer network or computer system is owned by the government or a critical infrastructure facility; and (3) it is a defense to prosecution of a breach of computer security offense if the person acted with the intent to facilitate a lawful seizure or search of, or lawful access to, a computer, computer network, or computer system for a legitimate law enforcement purpose. (Companion bill is S.B. 841 by D. Patrick.) H.B. 2435 (Deshotel), Relating to rate adjustments by gas utilities. Reported from the House Committee on Energy Resources. (Companion bill is S.B. 1309 by Hinojosa.) H.B. 2596 (Garza), Relating to the authority to lower certain speed limits by local governments. Reported from the House Committee on Transportation. As reported, the bill would provide – among other things – that: (1) the city council, for a highway or part of a highway in the city that is not an officially designated or marked highway or road of the state highway system, may declare a lower speed limit of not less than 20 miles per hour, if the council determines that the prima facie speed limit on the highway is unreasonable or unsafe; and (2) the authority described in (1), above, applies to a one-lane or two-lane, undivided highway or part of a highway. H.B. 2651 (Allen), Relating to the eligibility of visitors to use certain public transportation services for people with disabilities. Reported from the House Committee on Transportation. H.B. 2731 (Truitt). Relating to contributions to, benefits from, and administration of certain public retirement systems; providing administrative penalties. Reported from House Committee on Pensions and Investments. As reported, the bill would: (1) provide for ethical and conflict of interest requirements for members of the governing body of a public retirement system, including TMRS; (2) provide a complaint process for individuals who provide management or investment services to TMRS and other public retirement systems; (3) allow the Texas Pension Board to require an actuarial study of TMRS and other public retirement systems not more than once every five years; and (4) require the Texas Pension Board to tell the press if TMRS or another public retirement system fails to file its annual financial statement on time. Town Council 491 of 516 Meeting Date: May 23, 2011 8 H.B. 2746 (Martinez Fischer), Relating to liability for the additional tax imposed on land appraised for ad valorem tax purposes as qualified open-space land in the event of a change of use of the land if the land is transferred to a charitable organization. Reported from the House Committee on Ways and Means. H.B. 2810 (S. Miller), Relating to the exemption from limited sales, excise and use taxation of tangible personal property incorporated into or attached to certain specific purpose agricultural structures. Reported from the House Committee on Ways and Means. H.B. 2875 (S. Davis), Relating to election practices and procedures pertaining to voters not included on the poll list. Reported from the House Committee on Elections. H.B. 3036 (Alvarado), Relating to the municipal street maintenance sales tax. Reported from the House Committee on Ways and Means. H.B. 3064 (P. King), Relating to preventing the fraudulent issuance and use of disabled parking placards. Reported from the House Committee on Transportation. H.B. 3110 (Craddick), Relating to air permitting requirements for certain oil and gas facilities. Reported from the House Committee on Natural Resources. As reported, the bill would: (1) require the Texas Commission on Environmental Quality (TCEQ) to perform certain environmental and air quality analyses before adopting a new permit or amending an existing permit relating certain oil and gas facilities; (2) authorize the TCEQ to authorize planned maintenance, startup or shutdown activities from certain oil and gas facilities; and (3) create an affirmative defense for certain unauthorized emissions or opacity events from a planned maintenance, start-up, or shutdown activity. H.B. 3133 (Rodriguez), Relating to the appraisal for ad valorem tax purposes of property on which housing is being or has been built or repaired for sale to a low-income individual or family. Reported from the House Committee on Ways and Means. H.B. 3273 (Ritter), Relating to the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan. Reported from the House Committee on Natural Resources. H.B. 3320 (Hunter), Relating to costs related to the towing and storage of a motor vehicle for certain law enforcement purposes. Reported from the House Committee on Homeland Security and Public Safety. H.B. 3391 (D. Miller), Relating to rainwater harvesting and other water conservation initiatives. Reported from the House Committee on Natural Resources. As reported, the bill would: (1) require the Texas Commission on Environmental Quality (TCEQ) to create rules regarding the installation and maintenance of rainwater harvesting systems that are used for indoor potable purposes and connected to a public water supply system; (2) require a person who installs and maintains rainwater harvesting systems that are connected to a public water supply system and used for potable purposes to be a licensed master or journeyman plumber and hold an Town Council 492 of 516 Meeting Date: May 23, 2011 9 endorsement as a water supply protection specialist; (3) require a person who intends to connect a rainwater harvesting system to a public water supply system for use for potable purposes to give written notice of that intention to the city; (4) clarify that a city or city-owned utility may not be held liable for any adverse health effects allegedly caused by the consumption of water collected by a public water supply system if the city is in compliance with the applicable sanitary standards for drinking water; (5) encourage a city to promote rainwater harvesting through incentives such as the provision at a discount of rain barrels or rebates for water storage facilities; (6) require any city that has adopted impervious cover or density restrictions to consider the use of harvested rainwater as an on-site water supply source in determining whether to grant the development a credit against or exemption from the restrictions; (7) require each member of the permitting staff of a city located wholly or partly in an area designated as a priority groundwater management area or any city with a population of more than 100,000 whose work relates directly to permits involving rainwater harvesting to receive mandatory training on rainwater harvesting at least once every five years and encourage other rainwater harvesting permit issuers to receive the training; and (8) prohibit a city from denying a building permit solely because the facility will implement rainwater harvesting. H.B. 3396 (Hernandez Luna), Relating to the prosecution of and punishment for the offense of breach of computer security. Reported from the House Committee on Criminal Jurisprudence. (Companion bill is S.B. 808 by Seliger.) H.B. 3475 (Gallego), Relating to the recusal and disqualification of municipal judges pursuant to the Code of Criminal Procedure. Reported from the House Committee on Judiciary and Civil Jurisprudence. H.B. 3495 (Coleman), Relating to workers’ compensation death benefit eligibility for certain spouses of peace officers killed in the line of duty. Reported from the House Committee on State Affairs. H.B. 3502, Relating to the regulation of crafted precious metal dealers and dealerships. Reported from the House Committee on Licensing and Administrative Procedures. As reported, the bill would provide that a person may not engage in business as a crafted precious metal dealer unless the person holds a dealership license issued by the Texas Department of licensing and Regulation and complies with various regulations, including regulations relating to possibly stolen crafted precious metals. H.B. 3550 (Fletcher), Relating to imposing a law enforcement fee on certain commercial motor vehicle offenses. Reported from the House Committee on Transportation. H.B. 3582 (Harless), Relating to the allocation to a school district of the expenses of a joint election. Reported from the House Committee on Elections. (Companion bill is S.B. 477 by D. Patrick.) H.B. 3790 (Pitts), Relating to state fiscal matters. Reported from the House Committee on Appropriations. As reported, the bill would, among other things: (1) provide that each state agency is authorized to reduce or recover expenditures by, among other things, adopting and Town Council 493 of 516 Meeting Date: May 23, 2011 10 collecting fees or charges to cover any costs the agency incurs in performing its lawful functions; (2) require the Office of Court Administration, rather than the comptroller, to determine whether a city audit allows the city to retain certain fees for collecting civil and criminal fees payable to the comptroller; (3) change the date when certain reports are due and when certain notices must be mailed in regard to abandoned property; (4) change the date when certain abandoned property must be delivered to the comptroller; (5) repeal the requirement that the comptroller provide hard copies of certain property tax manuals to local governments; (6) require the comptroller to prepare and electronically publish a biennial report that includes the tax rates of each city; and (7) repeal requirements that municipal development corporations provide certain reports to the comptroller. (Note: This version of the bill omits provisions that would have provided that: (1) the governing board of a public retirement system shall make an annual contribution to the State Pension Review Board in an amount equal to 50 cents for each active member and annuitant of the retirement system as of September 1 of the year for which the contribution is made, payable in a lump sum; and (2) the judicial and court personnel training fund is an account in the general revenue fund which may be appropriated only to the court of criminal appeals for judicial and court staff training and eliminate the current provision requiring any unexpended balance in excess of $500,000 at the end of each fiscal year to be transferred to the general revenue fund. (Companion bill is S.B. 1811 by Duncan.) H.J.R. 84 (Larson), Proposing a constitutional amendment to limit the purposes for which revenues from motor vehicle registration fees, taxes on motor fuels and lubricants, and certain revenues received from the federal government may be used. Reported from the House Committee on Transportation. (Companion bill is S.J.R. 8 by Wentworth.) H.J.R. 135 (Phillips), Proposing a constitutional amendment relating to a individual’s or a religious organization’s free exercise of religion. Reported from the House Committee on State Affairs. As reported, the resolution would amend the Texas Constitution to provide that government may not, directly, indirectly, or incidentally, substantially burden an individual’s or a religious organization’s conduct that is based on a sincerely held religious belief, unless the government is acting to further a compelling governmental interest and using the least restrictive available means to do so. H.J.R. 137 (Ritter), Proposing constitutional amendments relating to the funding of certain water projects. Reported from the House Committee on Natural Resources. H.J.R. 138 (Ritter), Amendment providing for the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan. Reported from the House Committee on Natural Resources. S.B. 201 (Uresti), Relating to the calculation of ad valorem taxes on the residence homestead of a 100 percent or totally disabled veteran for the tax year in which the veteran qualifies or ceases to qualify for an exemption from taxation of the homestead. Reported from the House Ways and Means Committee. Town Council 494 of 516 Meeting Date: May 23, 2011 11 S.B. 403 (Eltife), Relating to the consideration of pension and other postemployment benefits in establishing the rates of a gas utility. Reported from the House Committee on State Affairs. (Companion bill is H.B. 966 by Murphy.) S.B. 555 (Watson), Relating to the regulation of LP-gas utility companies. Reported from the Senate Natural Resources Committee. S.B. 665 (Hinojosa), Relating to the continuation and functions of the Texas Department of Housing and Community Affairs. Reported from the Senate Committee on Government Organization. (Companion bill is H.B. 2608 by Harper-Brown.) S.B. 669 (Wentworth), Relating to requests to inspect or be provided with copies of information under the public information law. Reported from the Senate Select Committee on Open Government. As reported, the bill would: (1) define “manipulation,” for purposes of the Public Information Act, to include a search of an e-mail or text message account and the retrieval and transfer of e-mails or text messages into a paper or other format that can be provided to or inspected by a requestor; (2) authorize an officer of public information in a city to produce requested information by either referring a requestor to the requested information if it is available on the city’s Web site, or posting the requested information on the city’s Web site; (3) provide that if a requestor modifies a request in response to the requirement for a deposit or bond, the modified request is a separate request considered received on the date the written modified request is received; and (4) would authorize a city to charge a requestor (other than a media requestor) for the actual costs associated with a request if the requestor has submitted seven or more written requests for information during the preceding 31 calendar days. S.B. 1048 (Jackson), Relating to the creation of public and private facilities and infrastructure. Reported from the House Committee on Economic and Small Business Development. (Companion bill is H.B. 2432 by J. Davis.) S.B. 1073 (Jackson), Relating to standards for a structure that is connected to a public water supply system and has a rainwater harvesting system. The bill would: (1) require the Texas Commission on Environmental Quality (TCEQ) to create rules regarding the installation and maintenance of rainwater harvesting systems that are used for indoor potable purposes and connected to a public water supply system; (2) require a person who installs and maintains rainwater harvesting systems that are connected to a public water supply system and used for potable purposes to be a licensed master or journeyman plumber and hold an endorsement as a water supply protection specialist; (3) require a person who intends to connect a rainwater harvesting system to a public water supply system for use for potable purposes to give written notice of that intention to the city; and (4) clarify that a city or city-owned utility may not be held liable for any adverse health effects allegedly caused by the consumption of water collected by a public water supply system if the city is in compliance with the applicable sanitary standards for drinking water. S.B. 1082 (Hegar), Relating to strategic partnerships for the continuation of certain water districts annexed by a municipality. Reported from the House Committee on Natural Resources. (Companion bill is H.B. 1979 by Laubenberg.) Town Council 495 of 516 Meeting Date: May 23, 2011 12 S.B. 1087 (Carona), Relating to state-issued certificates of franchise authority to provide cable service and video service. Reported from the House Committee on State Affairs. S.B. 1120 (Seliger), Relating to the exemption from taxation of property of a local government corporation. Reported from the Senate Intergovernmental Relations Committee. As reported, the bill would provide that the property of a local government corporation and a transaction to acquire the property is exempt from taxation, except that property of a local government corporation created by a municipal power agency is not exempt from ad valorem taxation if the property is located outside of the boundaries of each of the municipalities that created the municipal power agency. (Companion bill is H.B. 2100 by Lewis.) S.B. 1330 (Watson), Relating to the driver safety courses for individuals under the age of 25 and to the driving course requirements for those individuals when receiving deferred adjudication of certain traffic offenses. Reported from the Senate Transportation and Homeland Security Committee. As reported, the bill would: (1) create requirements for a driver education course specifically for individuals under twenty-five years of age; and (2) require that a driver under the age of twenty-five who commits a moving violation and receives a deferred adjudication or deferred disposition complete a driver education course for drivers under the age of twenty-five. S.B. 1417 (Hinojosa), Relating to the limitation of liability of certain landowners. Reported from the Senate State Affairs Committee. (Companion bill is H.B. 2950 by Lozano.) S.B. 1422 (Nelson), Relating to coordinated county transportation authorities. Reported from the Senate Transportation and Homeland Security Committee. As reported, the bill would make various changes to the law relating to coordinated county transportation authorities, including the authorization of various finance mechanisms – such as tax increment financing – between a city and an authority, and would also provide that: (1) a person commits an offense if the person uses the public transportation system run by a coordinated county transportation authority without paying the appropriate fare; and (2) a justice court located in the service area of the authority may enter into an agreement with the authority to try all criminal cases that arise under (1), and – if the court enters into such an agreement – it has exclusive jurisdiction in all criminal cases that arise under (1). S.B. 1571 (Watson), Relating to information subject to the public information law. Reported from the Senate Select Committee on Open Government. As reported, the bill would, among other things: (1) change the definition of “public information” to include: (a) information that is created, possessed, used and relied upon under a law or ordinance or in connection with the transaction of official business by any person, including a government agency, board, or institution or an individual, corporation or other business entity, or nonprofit that performs a public function, provides research or consulting services, or conducts a study at the request of a governmental body; and (b) information stored in electronic format that contains public documents, public records, or a communication of official business, regardless of whether it is stored on a server or in a computer facility owned or maintained by a governmental body; (2) define, for purposes of the Public Information Act (PIA), the terms “administer,” and “public function;” (3) provide that the term “public funds” for purposes of the PIA includes funds Town Council 496 of 516 Meeting Date: May 23, 2011 13 received from the federal government or from intergovernmental transfers; and (4) require that a contract between a governmental entity that receives state funds and business entity or nonprofit to perform a public function involving the exchange or creation of public information must be drafted in consideration of the requirements of the PIA. S.B. 1676 (Ellis), Relating to educational and training requirements for certain peace officers on ethical decision making. Reported from the Senate Criminal Justice Committee. (Companion bill is H.B. 2823 by Coleman.) S.B. 1693 (Carona), Relating to periodic rate adjustments by electric utilities. Reported from the House Committee on State Affairs. The bill would provide that: (1) the Public Utility Commission or a regulatory authority (e.g., a city), on the petition of an electric utility, may approve a tariff or rate schedule in which a nonfuel rate may be periodically adjusted upward or downward based on changes in the utility’s invested capital, as defined in the bill and other state law; (2) a periodic rate adjustment must: (a) be approved in compliance with an expedited procedure that provides for appropriate updates of information and allows for participation by the Office of Public Utility Counsel and affected parties and extends for not less than sixty days; (b) take into account the effect that changes in the number of an electric utility’s customers, energy consumption, and energy demand (on a weather-normalized basis) have on the amount of revenue recovered through the electric utility’s base rates; (c) be consistent with the manner in which costs were allocated to each rate class, as approved by the commission, in an electric utility’s most recent base rate statement of intent proceeding with changes to residential and commercial class rates reflected in volumetric changes, to the extent that residential and commercial class rates are collected in that manner based on the utility’s most recent base rate statement of intent proceeding; (d) not diminish the ability of the commission or a regulatory authority, on its own motion or on complaint by an affected person, after reasonable notice and hearing, to change the existing rates of an electric utility for a service after finding that the rates are unreasonable or in violation of law; (e) be applied by an electric utility on a system-wide basis; and (f) be supported by the sworn statement of an appropriate employee of the electric utility that affirms that the filing is in compliance with the provisions of the tariff or tax schedule and is true and correct to the best of the employee’s knowledge, information, and belief; (3) an electric utility in the ERCOT power region, or an unbundled electric utility outside the ERCOT power region in whose service area retail competition is available, that requests a periodic rate adjustment under the bill shall: (a) with some exceptions, and to the extent possible, combine all nonfuel rates to be adjusted in a 12-month period that are charged by the utility to retail electric providers into a single, annual rate adjustment; and (b) finalize the resulting rates and provide notice to retail electric providers of the resulting rates not later than the 45th day before the date the rates take effect; (4) a periodic rate adjustment approved under the bill may not be used to adjust a nonfuel rate relating to the generation of electricity; (5) and electric utility may adjust the utility’s rates using these provisions not more than once per year and not more than four times between comprehensive base rate proceedings; (6) nothing in the proposed language will limit the jurisdiction of a city over the rates, operations, and service of an electric utility or limit the authority of a city to obtain a reimbursement for the reasonable cost of services of a person engaged in certain rate-setting activities; and (7) the commission shall adopt rules necessary to implement the bill. Town Council 497 of 516 Meeting Date: May 23, 2011 14 S.B. 1737 (Van de Putte), Relating to the use and accrual of leaves of absence for military training or duty for officers and employees of the state. Reported from the Senate Veterans Affairs Committee. S.B. 1811 (Duncan), Relating to State Fiscal Matters. Reported from the House Committee on Appropriations. (See press release elsewhere in this edition.) S.B. 1906 (Wentworth), Relating to certain notice requirements for municipalities and counties under the open meetings law. Reported from the Senate Select Committee on Open Government. As reported, the bill would provide that a municipal governmental body shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the city hall. S.B. 1908 (Lucio), Relating to the authority of a general-law municipality to annex territory receiving water and sewer services from a municipal utility district. Reported from the Senate International Relations and Trade Committee. S.J.R. 4 (Hinojosa), Proposing a constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board. Reported from the House Committee on Natural Resources. SIGNIFICANT FLOOR ACTIONS H.B. 215 (Gallego), Relating to photograph and live lineup identification procedures in criminal cases. Passed the House. (Companion bill is S.B. 121 by Ellis.) H.B. 257 (Hilderbran), Relating to the periods for presumed abandonment of certain unclaimed personal property. Passed the House. H.B. 564 (Craddick), Relating to inspection of portable fire extinguishers in government-owned vehicles in certain local governmental jurisdictions. Passed the House. H.B. 984 (Truitt), Relating to agreements between contiguous municipalities regarding jurisdiction of cases in municipal courts. Passed the Senate. As passed, the bill would authorize a city with a non-record municipal court to enter into an agreement with a contiguous city or a city within one-half mile of the city limits to provide concurrent and original jurisdiction of the municipal courts in both cities for most types of cases heard by municipal courts. H.B. 1389 (Hopson), Relating to the criminal penalties for the owner of a dog that attacks another person. Passed the House. H.B. 1643 (Zerwas), Relating to development agreements governing land in a municipality's extraterritorial jurisdiction. Passed the House. As passed, the bill would provide that a city may enter into a development agreement with an owner of land in the city’s extraterritorial jurisdiction for any term up to a maximum of 45 years. Town Council 498 of 516 Meeting Date: May 23, 2011 15 H.B. 1899 (Pickett), Relating to the posting of signs in school crossing zones regarding the prohibited use of a wireless communication device while operating a motor vehicle. Passed the House. H.B. 1933 (W. Smith), Relating to the regulation of metal recycling entities. Passed the House. As passed, the bill would, among many other things: (1) add various items, including fire hydrants, an item with the logo of a governmental entity or utility, and wire that has been burned to remove the insulation, to the list of regulated metals under state law; (2) provide that a county, city, or other political subdivision may require the record of purchase of regulated metals to contain a clear and legible thumbprint of a seller; (3) prohibit a county, city, or other political subdivision from adopting a rule, charter, or ordinance or issue an order or impose standards that limit the use of cash by a metal recycling entity in a manner more restrictive than that provided by the bill; (4) provide that a person commits a misdemeanor if the person owns or operates a metal recycling entity and does not submit an application for the appropriate license or permit; (5) authorize the Department of Public Safety (DPS) to enter into contracts relating to the operation of the statewide electronic reporting system and database; and (6) from fines collected and distributed to the DPS for violations of metal recycling laws, mandate that DPS by rule establish and implement a grant program to provide funding to assist local law enforcement agencies in preventing the theft of regulated metals. H.B. 1959 (Thompson), Relating to appeal of the refusal of an alcoholic beverage license or permit based on a certification of an area’s wet or dry status. Passed the House. H.B. 2280 (Eiland), Relating to the composition of the permanent advisory committee to advise the Texas Commission on Environmental Quality regarding the implementation of the ad valorem tax exemption for pollution control property. Passed the House. H.B. 2313 (Coleman), Relating to the requirement to post notice of the subject of a meeting under the open meetings law as the requirement relates to reports about items of community interest at a meeting of a commissioners court. Passed the House. As passed, the bill would provide that a municipal governmental body posting an agenda notice on the Internet under shall provide during regular office hours a computer terminal at certain municipal facilities convenient to the public that members of the public may use to view notices of meetings posted by the city. H.B. 2490 (Solomons), Relating to the regulation of certain metal dealers. Passed the House. As passed, the bill would provide that: (1) a crafted previous metal dealer must comply with various regulations administered by the Texas Finance Commission; and (2) a peace officer who has reasonable suspicion to believe that an item of crafted precious metal in the possession of a dealer is stolen may place the item on hold by issuing to the dealer a written notice containing certain information. H.B. 2608 (Harper-Brown), Relating to the continuation and functions of the Texas Department of Housing and Community Affairs. Passed the House. (Companion bill is S.B. 665 by Hinojosa.) Town Council 499 of 516 Meeting Date: May 23, 2011 16 H.B. 2628 (Branch), Relating to the posting of signs in school crossing zones regarding the prohibited use of a wireless communication device while operating a motor vehicle. Passed the House. H.B. 2663 (Chisum), Relating to the effect of rules and standards adopted by the Railroad Commission of Texas relating to the liquefied petroleum gas industry on ordinances, orders, or rules adopted by political subdivisions relating to that industry. Passed the House. H.B. 2826 (Murphy), Relating to the issuance of a certificate for a municipal setting designation. Passed the House. H.B. 2973 (Hunter), Relating to encouraging public participation by citizens by protecting a person's right to petition, right of free speech, and right of association from meritless lawsuits arising from actions taken in furtherance of those rights. Passed the House. H.B. 3547 (Alvarado), Relating to enforcement by a local government of fire safety standards at certain child-care facilities. Passed the House. (Companion bill is S.B. 1745 by Gallegos.) S.B. 9 (Williams), Relating to homeland security; providing penalties. Passed the Senate. As passed, this bill would: (1) require that a law enforcement agency that has custody of a person to: (a) verify that person’s immigration status; or (b) contact the United States Immigration and Customs Enforcement if the person’s immigration status cannot be verified; (2) create an automatic license plate reader pilot program; (3) increases penalties for criminal street gangs; and (4) adds or increases driver’s license fees to improve and maintain the driver’s license system. S.B. 288 (Lucio), Relating to authorizing the Department of Public Safety of the State of Texas to investigate the feasibility of and cooperate in the establishment of southbound checkpoints along the international border of this state. Passed the Senate. S.B. 321, Relating to an employee’s transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer. Passed the House. As passed, the bill would provide that: (1) a public or private employer may not prohibit an employee who holds a license to carry a concealed handgun, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition, from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees; (2) the bill does not: (a) authorize a person who holds a license to carry a concealed handgun, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition, on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or (b) apply to: (i) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee’s duties; (ii) a school district; (iii) an open-enrollment charter school; (iv) a private school; (v) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision Town Council 500 of 516 Meeting Date: May 23, 2011 17 prohibiting the possession of firearms on the property; or (vi) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under state law, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun and who stores the handgun and related ammunition in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees that is outside of a secured and restricted area: (A) that contains the physical plant; (B) that is not open to the public; and (C) the ingress into which is constantly monitored by security personnel; (3) except in cases of gross negligence, a public or private employer or the employer’s agent is not liable in a civil action for personal injury, death, property damage, or any other damages resulting from or arising out of an occurrence involving a firearm or ammunition transported or stored in accordance with the bill, including an action for damages arising from the theft of the firearm or ammunition or the use of the firearm or ammunition by a person other than the employee who is authorized by the bill to transport or store the firearm or ammunition; (4) the presence of a firearm or ammunition transported or stored in the manner and in a location described by the bill does not by itself constitute a failure by the employer to provide a safe workplace; and (5) the bill does not limit or alter the personal liability of who causes harm or injury by using or encouraging another person to use a firearm or ammunition for a firearm. S.B. 396 (Deuell), Relating to the state fire marshal’s investigation of the death of a firefighter who dies in the line of duty or in connection with an on-duty incident. Passed the House. S.B. 687 (Huffman), Relating to interception of wire, oral, or electronic communications for law enforcement purposes. Passed the Senate. (Companion bill is H.B. 1457 by Fletcher.) S.B. 933 (Ellis), Relating to the electronic submission of certain documents to the attorney general and the submission of certain documents by the attorney general. Passed the Senate. (Companion bill is H.B. 2866 by Harper-Brown.) S.B. 1160 (Seliger), Relating to the liability of a landowner for harm to a trespasser. Passed the House. (Companion bill is H.B. 1971 by J. Jackson.) S.B. 1258 (Duncan), Relating to the disposal of demolition waste from abandoned or nuisance buildings in certain areas. Passed the House. S.B. 1294 (Hegar), Relating to the imposition of administrative penalties by the Railroad Commission of Texas. Passed the Senate. S.B. 1399 (D. Patrick), Relating to the regulation of foundation repair contractors. Passed the Senate. (Companion bill is H.B. 2530 by Legler.) S.B. 1450 (Zaffirini), Relating to the regulation of crafted precious metal dealers. Passed the Senate. Town Council 501 of 516 Meeting Date: May 23, 2011 18 S.B. 1420 (Hinojosa), Relating to the continuation and functions of the Texas Department of Transportation. Passed the House. This is the Texas Department of Transportation (TxDOT) sunset bill. The bill, among many other things, would now: 1. amend the law relating to transportation reinvestment zones (TRZs) to provide that: (1) a TRZ may be used to facilitate the improvement, development, or redevelopment of property or to enhance a local entity's ability to sponsor a transportation project funded by pass-through tolls; (2) an ordinance designating an area as a TRZ must, among other things, designate the base year for purposes of establishing the tax increment base of the municipality and contain findings that promotion of the transportation project will cultivate the improvement, development, or redevelopment of the zone; (3) from taxes collected on property in a TRZ, the city shall pay into the tax increment account the tax increment produced by the city, less any amount allocated under previous agreements; (4) all, or the portion specified by the city, of the money deposited to a tax increment account must be used to fund the transportation project for which the TRZ was designated, and any remaining money deposited to the tax increment account may be used for other transportation projects or for improvements in the TRZ; (5) the governing body of a city may contract with a public or private entity to develop, redevelop, or improve a transportation project in a TRZ and may pledge and assign all or a specified amount of money in the tax increment account to that entity; (6) to accommodate changes in the scope of the project for which a TRZ was designated, the boundaries of a zone may be amended, with certain exceptions; (7) any surplus remaining in a tax increment account on termination of a zone may be used for other purposes as determined by the municipality; (8) county TRZ authority is expanded; and (9) The Texas Department of Transportation may not reduce funding to a county or city that designates and uses a TRZ, nor may the department reduce funding to one if its districts because the district contains a TRZ. 2. make various changes to the administration, financing, and use of the State Infrastructure Bank, which provides loans to public entities, including cities, to construct, maintain, or finance certain transportation projects. 3. provide that a city that imposes a fee on the user of a benefited property equal to the prorated annual cost of the transportation system owned by the city that can reasonably be attributed to the benefited property must provide notice to TxDOT and the user of the fee. 4. the notice required in (3), above, to TxDOT shall be given to the executive director by any commercially acceptable form of business communication and the notice to the user is adequate if the fee amount is stated on monthly billing statements to the user for metered utility service provided by the city to the user. 5. provide that a local authority may not install a photographic traffic signal enforcement system at an intersection approach located on a state highway under the jurisdiction of TxDOT unless TxDOT, after notice and a public hearing, approves the installation of the system. 6. prohibit TxDOT from approving the installation of a photographic traffic signal enforcement system under (5), above, in a city with a population of less than 40,000. Town Council 502 of 516 Meeting Date: May 23, 2011 19 S.B. 1505 (Uresti), Relating to the appraisal for ad valorem tax purposes of a real property interest in oil or gas in place. Passed the Senate. (Companion bill is H.B. 889 by Lewis.) S.B. 1529 (Hinojosa), Relating to the date by which law enforcement agencies must report arrests to the Department of Public Safety. Passed the Senate. S.B. 1580 (Ogden), Relating to state fiscal matters related to health and human services and state agencies administering health and human services programs. Passed the Senate. (Companion bill is H.B. 3666 by Zerwas.) S.B. 1582 (Ogden), Relating to state fiscal matters related to the judiciary. Passed the Senate. (Companion bill is H.B. 3648 by Otto.) S.B. 1798 (West), Relating to a presumption that certain retailers are engaged in business in this state for the purpose of the use tax. Passed the Senate. (Companion bill is H.B. 1317 by Naishtat.) S.B. 1811 (Duncan), Relating to state fiscal matters. Passed the Senate. As passed, the bill, among other things, would: (1) create a $5 fee for judicial access and improvement to be collected on certain offenses and remitted to the comptroller for deposit in a judicial access and improvement account; and (2) authorize a city to keep five percent of the fee. (Companion bill is HB 3790 by Pitts.) S.B. 1816 (Zaffarini), Relating to county and municipal land development regulation. Passed the Senate. As passed, the bill would provide that: (1) any county may impose more stringent subdivision rules if it adopts the model subdivision rules and elects to do so; (2) a subdivider of land must have a plat of the subdivision prepared if at least one of the lots of the subdivision is five acres or less. A commissioners court by order may require a subdivider of land to prepare a plat if none of the lots is five acres or less but at least one of the lots of a subdivision is more than five acres but not more than 10 acres; (3) the owner of a tract of land that divides the tract in any manner that creates at least one lot of five acres or less intended for residential purposes must have a plat of the subdivision prepared; (4) a commissioners court by order may require each subdivider of land to prepare a plat if none of the lots is five acres or less but at least one of the lots of the subdivision is more than five acres but not more than 10 acres; (5) notwithstanding any other law to the contrary, a political subdivision that has adopted the model subdivision rules under may impose the platting requirements of the municipal or county platting chapters in the Local Government Code, as applicable to a division of real property that is required to be platted or replatted by the provisions of the model rules; and (6) before an application for funds from the Texas Water Development Board may be considered by the board, if the applicant is located: (a) in a city, the city must adopt and enforce the model subdivision rules in accordance with this section; (b) in the extraterritorial jurisdiction of a city, the applicant must demonstrate that the model rules have been adopted and are enforced in the extraterritorial jurisdiction by the city or the county; or (c) outside the extraterritorial jurisdiction of a city, the county must adopt and enforce the model rules. Town Council 503 of 516 Meeting Date: May 23, 2011 20 S.J.R. 4 (Hinojosa), Proposing a constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board. Passed the Senate. (Companion bill is S.J.R. 25 by Hinojosa.) CITY-RELATED BILLS FILED H.B. 3863 (Garza) – Volunteer Firefighter and Emergency Services Organizations: would allow a company, department, or association organized for the purpose of answering fire alarms and extinguishing fires or for the purpose of answering fire alarms, extinguishing fires, and providing emergency medical services, the members of which receive no compensation or nominal compensation, to hold ten tax-free sales or auctions during a calendar year. CITY OFFICIALS TESTIFY When the legislature is in session, nothing compares to the effectiveness of city officials testifying at the Capitol. City officials who take their time to travel to Austin to speak out on important city issues should be applauded by us all. Among the city officials who recently testified in front of legislative committees are the following:  Christa R. Reynolds, Senior Assistant City Attorney, Fort Worth  Dean Frigo, Assistant City Manager, Amarillo  Barry Robinson, Greenville  Juan Zamora, Mayor, Port Isabel  Edward Mesa, City Manager, Port Isabel  Ron Berman, Port Isabel  Alberto Cardenas, Port Isabel  Clark Lord, Port Isabel  Guillermo Torres, Port Isabel  Santiago Cantu, Port Isabel  Juan Jose Zamora, Port Isabel  Albert Welville, Port Isabel  Joe Leggio, Fire Inspector, Houston While TML monitors most hearings, we won’t catch the testimony of every city official. If we missed your testimony or the testimony of another official in your city, please contact us at the following e-mail address, and we will include your name in the next edition of the TML Legislative Update: testify@tml.org. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. Town Council 504 of 516 Meeting Date: May 23, 2011 1 May 13, 2011 Number 19 CONFEREES NAMED ON STATE BUDGET Now that the budget has passed both chambers, the House and Senate have appointed a conference committee to work out the differences between the two versions. Although both proposals include numerous cuts that affect cities, a recent TML survey found the following two issues most important:  H.B. 1 would reduce the local share of mixed beverage taxes by $26 million per year. These lost proceeds are important because cities pay police officers to enforce drunk driving laws and other alcohol-related offenses.  H.B. 1 would also cut local parks grants by $17.5 million per year. Cities count on revenue generated from the sporting goods sales tax to fund these important grants. Concerned city officials should contact members of the conference committee to urge them to restore these critical cuts or prevent further cuts. The members of the conference committee are as follows:  Senator Steve Ogden (R- Bryan): 512/463-0105  Senator Jane Nelson (R- Flower Mound): 512/463-0112  Senator Tommy Williams (R- The Woodlands): 512/463-0104  Senator Juan “Chuy” Hinojosa (D- McAllen): 512/463-0120  Senator Robert Duncan (R- Lubbock): 512/463-0128  Representative Jim Pitts (R- Waxahachie): 512/463-0516  Representative Sylvester Turner (D- Houston): 512/463-0554 Town Council 505 of 516 Meeting Date: May 23, 2011 2  Representative John Zerwas (R- Simonton): 512/463-0657  Representative John Otto (R- Dayton): 512/463-0570  Representative Myra Crownover (R- Lake Dallas): 512/463-0582 SENATE BILL WOULD MAKE VENDORS SUBJECT TO PUBLIC INFORMATION ACT The League recently notified its associate members of proposed legislation that would make private business documents open to the public. Senate Bill 1571 by Senator Kirk Watson provides that the records of any business entity that contracts with a city, county, or other governmental body to provide a “function” would be subject to the Texas Public Information Act (PIA). Under current law, a business entity that contracts with a governmental body generally does not have to disclose any of its records in response to an open records request, unless that entity is holding government records on behalf of the governmental entity or has given the information to the governmental entity. S.B. 1571, if passed, would specifically expand the definition of “public information” to include information possessed by “an individual, corporation, or other business entity” that performs a public function on behalf of the governmental entity. Essentially, if the bill becomes law, and a business currently contracts with a governmental body to perform a function that the governmental entity could otherwise perform, the documents of the business would be open to the general public. The PIA applies broadly to include both paper and electronic records. Personnel policies and other internal business documents would be public under the proposed legislation. Further, and perhaps more concerning, e-mail correspondence among employees of a business entity would also be open to the public in many instances. While the prospect of this legislation passing is understandably worrisome to those business entities that contract with governmental bodies, it also is troubling for the cities and counties that rely on these entities to perform critical services. The application of the PIA to contractors would create a disincentive for those businesses to continue to enter into contracts with local governments. We urge you to notify your vendors and ask them to contact their state senators and representatives as soon as possible to express their opposition to S.B. 1571. BILL AXES CITY SALES TAX ON ATVs, SOME MOTORCYLES, AND MAYBE GOLF CARTS A bill that passed the House this week, H.B. 2237 by Rep. Lanham Lyne, would cancel city sales taxes on all-terrain vehicles, off-road motorcycles, and arguably golf carts (the definitions in the Town Council 506 of 516 Meeting Date: May 23, 2011 3 bill relating to golf carts are unclear). The bill reclassifies these items as “motor vehicles” under the Tax Code, meaning the state would continue to collect its full sales taxes as it does on cars and trucks, but cities would lose all their sales taxes on these vehicles. The rationale given for the bill is that dealerships of these vehicles are allegedly losing sales to neighboring states with lower tax burdens. Even if this is the case, however, the bill unfairly only targets city sales taxes in order to correct the situation. Why shouldn’t the state bear the burden as well? City officials concerned about the loss of these sales taxes should contact their senators right away and urge them to vote against H.B. 2237 (and its companion bill, S.B. 1280 by Estes). TASK FORCE ON UNFUNDED MANDATES MAKES RECOMMENDATIONS In February, Governor Perry established the Task Force on Unfunded Mandates to identify unfunded mandates that are passed down to local governments and to make recommendations on how to limit those mandates. The nine-member task force consisted of two sitting mayors, one former mayor, a sitting city councilmember, and other county and school district officials. Last week, the task force submitted its recommendations to the governor. The city-related recommendations are as follows: Public Safety Provide flexibility for purchase of firefighting equipment The Texas Administrative Code requires political subdivisions to purchase new firefighting equipment at certain time intervals, regardless of whether the old equipment is still in good working order. Providing equipment purchase flexibility would give local governments the ability to determine whether new equipment is necessary based on their own needs. Align firefighting statutes and rules to ensure clear, consistent standards Firefighting equipment is regulated by multiple statutes and standards. Standards should be aligned and jurisdictions given adequate time to implement the new regulations. Provide flexibility to ensure basic water supply in emergencies Backup generators are required at all water plants to ensure water availability in the aftermath of major weather events, but this standard is inflexible and could cost up to $92.5 million more than necessary. Local governments should have the flexibility to have either generator coverage or dual power feeds to ensure basic water supply in emergencies. Transportation Allow local governments to retain proceeds from red light cameras Town Council 507 of 516 Meeting Date: May 23, 2011 4 The state mandates that portions of revenue from red light camera traffic enforcement fines must be transferred to the state. Local governments should be allowed to keep the revenue from administrative penalties they assess. Public Health Allow local governments to regulate public swimming pools Local governments that own swimming pools are required to abide by commercial swimming pool standards. They should be allowed to regulate the swimming pools they own as their citizens see fit. Retirement Systems Allow greater flexibility on interest rates and benefit structures Local governments should be able to assume their own interest rate calculations and maintain contribution structures other than those in statute. The Texas County and District Retirement System and Texas Municipal Retirement System statutes should be modified to allow greater flexibility for jurisdictions to assume their own interest rates and benefit structures. Human Resources Eliminate mandates for local government health insurance plans Local governments are required to provide health insurance that must include specified coverage. Eliminating some of these mandates would save money and provide greater flexibility in determining employee health care coverage. Public Information Allow full cost recovery for public information requests Local governments are limited in the amounts that may be recovered for responding to public information requests. These amounts are often insufficient to cover the full cost of responding to requests. Change records management rules to guidelines Local governments are required to comply with State Library and Archives Commission records management rules. Instead, these records management rules should be used solely as guidelines. Judiciary Allow courts to recoup administrative costs of collecting certain state fees Local courts must collect court fees and Department of Public Safety fines on behalf of the state. The courts should be allowed to recoup the administrative cost of this service. Licensing Allow local licensing for certain items Town Council 508 of 516 Meeting Date: May 23, 2011 5 Local governments should be able to inspect, maintain, and license the boilers, refrigeration units, elevators, and escalators they own in lieu of state licensing. Exempt licensure and inspection of government-owned vehicles Local governments should be exempted from state licensure and inspection for government- owned vehicles. To read the task force’s recommendations in their entirety, go to http://governor.state.tx.us/files/press-office/5-6_Unfunded_Mandates_Narrative.pdf. FY 2011 COPS HIRING GRANTS NOW OPEN On Monday, the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) began accepting applications for the FY 2011 COPS Hiring Program, a federal grant program designed to promote community policing among law enforcement agencies. The COPS Hiring Program provides local governments with funding for three calendar years of entry-level salaries and fringe benefits for newly hired, full-time sworn law enforcement officer positions or rehired officers who have been/are scheduled to be laid off as a result of local budget cuts. In return, the local government must retain employment of the officer for at least one year after the grant funds are terminated. The application deadline is May 25. Additional information, including step-by-step instructions, frequently asked questions, and application guidance, is available at http://www.cops.usdoj.gov/Default.asp?Item=2367&utm_source=delivra&utm_medium=email& utm_campaign=nlc-frupdate%205/5/2011%209:23:39%20PM. SIGNIFICANT COMMITTEE ACTIONS H.B. 301 (Berman), Relating to the establishment of English as the official language of Texas and the requirement that official acts of government be performed in English. Reported from the House Committee on State Affairs. H.B. 345 (Kleinschmidt), Relating to limitations on awards in an adjudication brought against a local governmental entity for breach of contract. Reported from the Senate Intergovernmental Relations Committee. As reported, the bill would modify the damages available under a breach of contract claim against a city to include interest as allowed by law, including interest as calculated according to the Prompt Payment Act. (Companion bill is S.B. 1382 by Wentworth.) H.B. 405 (Quintanilla), Relating to the storage, transportation, and disposal of tires; providing criminal penalties. Reported from the House Committee on Environmental Regulation. As reported, the bill would, among several other provisions, state that a person may not store more than five hundred used or scrap tires for any period unless the person registers the site with the Texas Commission on Environmental Quality Town Council 509 of 516 Meeting Date: May 23, 2011 6 H.B. 471 (C. Anderson), Relating to election through secret ballot of a labor union as the exclusive bargaining representative. Reported from the House Committee on Economic and Small Business Development. H.B. 472 (C. Anderson), Relating to the exemption from ad valorem taxation of the residence homestead of the surviving spouse of a 100 percent or totally disabled veteran. Reported from the House Committee on Ways and Means. H.B. 524 (F. Brown), Relating to a court order to disannex an area from a municipality. Reported from the House Committee on Land and Resource Management. As reported, the bill would make it easier for a landowner to require a city to disannex for failure to provide services. H.B. 695 (Allen), Relating to the establishment of a program for the collection, transportation, recycling, and disposal of mercury-added thermostats. Reported from the House Committee on Environmental Regulation. As reported, the bill would: (1) create a program for collection, transportation, recycling, and disposal of mercury-added thermostats as they are removed from buildings; and (2) require that, in order to avoid liability, an owner or operator of a solid waste treatment, processing, or disposal facility must post in a conspicuous location a sign stating that mercury-added thermostats are not accepted at the facility and must notify in writing at least once per calendar year until the end of 2014 each solid waste collector contracted to dispose of solid waste and inform them that mercury-added thermostats are not accepted at the facility. H.B. 874 (C. Howard), Relating to the provision of information by tax officials related to ad valorem tax rates. Reported from the House Committee on Ways and Means. H.B. 1240 (Zedler), Relating to the application of foreign and international laws and doctrines in this state. Reported from the House Select Committee on State Sovereignty. H.B. 1384 (Kleinschmidt), Relating to the eligibility of land for appraisal for ad valorem tax purposes as qualified open-space land on the basis of its use for wildlife management. Reported from the House Committee on Ways and Means. H.B. 1684 (Fletcher), Relating to the regulation of fireworks in areas annexed by a municipality for limited purposes. Reported from the House Committee on Urban Affairs. H.B. 2291 (Callegari), Relating to government regulation of an individual's occupation. Reported from the House Committee on Government Efficiency and Reform. As reported, the bill would provide that: (1) an individual may engage in an occupation not prohibited by law without being subject to administrative rules or government practices that regulate the occupation and that are substantially burdensome and unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation; (2) the government may substantially burden an individual's right to engage in an occupation only if the government demonstrates that the burden is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation; and (3) for various administrative and judicial remedies to enforce the bill’s purposes. H.B. 2672 (Dutton), Relating to safety measures for culverts or other similar flood or drainage systems maintained by governmental entities. Reported from the House Committee on Urban Affairs. Town Council 510 of 516 Meeting Date: May 23, 2011 7 H.B. 2679 (T. Smith), Relating to appeals regarding dangerous dogs. Reported from the House Committee on County Affairs. H.B. 2694 (W. Smith), Relating to the continuation and functions of the Texas Commission on Environmental Quality. Reported from the Senate Natural Resources Committee. This is the TCEQ sunset bill. As reported, the bill would, among other things: (1) require the Texas Commission on Environmental Quality (TCEQ) to develop and implement a policy to encourage the use of negotiated rulemaking and alternative dispute resolution procedures; (2) require the TCEQ to develop and implement a program to improve public access to information about the TCEQ and the matters the agency regulates; (3) make changes to narrow the scope of the mission of the office of public interest council; (4) change how compliance history is used in certain enforcement situations; (5) increase the penalties and create a minimum fine amount for statute and rule violations under the jurisdiction of the TCEQ; (6) authorize the TCEQ to approve a city’s supplemental environmental project in lieu of a fine that is necessary to bring the city into compliance with environmental laws or remediate environmental harm caused by the city’s alleged violation; (7) require the TCEQ to develop a policy to prevent a regulated entity from systematically avoiding compliance through the use of supplemental environmental projects; (8) make changes to the fees, penalties, and authorized TCEQ action for underground storage tanks; (10) require any water right holder who impounds, diverts, or otherwise uses state water to maintain water use information on a monthly basis to be made available to the TCEQ during an emergency water shortage or in response to a complaint, upon request; and (9) authorize the TCEQ to order suspension and reallocation of water rights during a drought or other emergency water shortage and require recipients of a water transfer to comply with drought management measures. H.B. 2852 (Mallory Caraway), Relating to requiring signs at intersections with photographic traffic monitoring systems and photographic traffic signal enforcement systems. Reported from the House Committee on Urban Affairs. H.B. 2896 (T. King), Relating to duties of law enforcement involving damaged fences and to compensation to property owners for property damage resulting from vehicular pursuit. Reported from the House Committee on Homeland Security and Public Safety. H.B. 2957 (J. Davis), Relating to due process for certain law enforcement officers. Reported from the House Committee on Homeland Security and Public Safety. H.B. 3105 (Keffer), Relating to the applicability of the Private Real Property Rights Preservation Act to certain governmental actions. Reported from the House Committee on Energy Resources. As reported, the bill would make a city regulation that damages, destroys, impairs, or prohibits development of a mineral interest subject to the Private Real Property Rights Preservation Act, which would: (1) waive sovereign immunity to suit and liability for a regulatory taking; (2) authorize a private real property owner to bring suit to determine whether the governmental action of a city results in a taking; (3) require a city to prepare a “takings impact assessment” prior to imposing certain regulations; and (4) require a city to post 30-days notice of the adoption of most regulations prior to adoption. H.B. 3252 (Chisum), Relating to a prohibition against the knowing employment of unauthorized foreign nationals; providing administrative penalties. Reported from the House Committee on State Affairs. Town Council 511 of 516 Meeting Date: May 23, 2011 8 H.B. 3324 (McClendon), Relating to intelligence data standards and protected personal information. Reported from the House Committee on Homeland Security and Public Safety. H.B. 3388 (Fletcher), Relating to the transport of fireworks within a municipality. Reported from the House Urban Affairs Committee. As reported, the bill would prohibit a city from regulating the transport of fireworks that are unopened and in original packaging. H.B. 3607 (Kuempel), Relating to construction managers-at-risk used by local governments. Reported from the House Committee on Urban Affairs. H.B. 3668 (Callegari), Relating to certificates of public convenience and necessity for water or sewer services. Reported from the House Committee on Natural Resources. H.J.R. 48 (C. Anderson), Authorizing legislature to exempt from ad valorem taxation the homestead of the surviving spouse of a totally disabled veteran in an amount equal to amount of the homestead exemption to which disabled vet was entitled. Reported from the House Committee on Ways and Means. (Companion bill is H.J.R. 52 by McClendon.) S.B. 332 (Fraser): Relating to the ownership of groundwater below the surface of land, the right to produce that groundwater, and the management of groundwater in this state. Reported from the House Committee on Natural Resources. As reported, the bill would: (1) recognize that a landowner owns the groundwater below the surface of the landowner’s land as real property, including entitling the landowner or his lessees, heirs, or assigns to drill for and produce the groundwater below the surface of real property, but without entitling a landowner or his lessees, heirs, or assigns, to the right to capture a specific amount of groundwater below the surface of the land or affecting the existence of common law defenses or other defenses to liability under the rule of capture; (2) clarify that a groundwater conservation district has the authority to enforce minimum well spacing or tract size requirements, regulate groundwater production as authorized by current state law, and that a district is not required to allocate by rule a proportionate share of groundwater to each landowner based on surface land ownership; and (3) require that, when creating rules governing water withdrawal, a groundwater conservation district consider the groundwater ownership and rights outlined in this bill, the public interest in conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, and in controlling subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions, and the goals developed as part of the district’s comprehensive management plan. S.B. 516 (Patrick), Relating to an exemption from ad valorem taxation of the residence homestead of the surviving spouse of a 100 percent or totally disabled veteran. Reported from the Senate Finance Committee. (Companion bills are H.B. 95 by Fletcher, H.B. 313 by Pickett, and H.B. 781 by P. King.) S.B. 555 (Watson), Relating to the regulation of LP-gas utility companies. Reported from the Senate Natural Resources Committee. S.B. 875 (Fraser), Relating to compliance with state and federal environmental permits. Reported from the House Committee on Environmental Regulation. S.B. 1309 (Hinojosa), Relating to rate adjustments by gas utilities. Reported from the Senate Business and Commerce Committee. Town Council 512 of 516 Meeting Date: May 23, 2011 9 S.B. 1771 (Williams), Relating to the provision of information by tax officials related to ad valorem tax rates. Reported from the Senate Finance Committee. (Companion bill is H.B. 874 by C. Howard.) S.B. 1826 (Gallegos), Relating to the definition in the open meetings law of the term “deliberation.” Reported from the Senate Select Committee on Open Government. As reported, the bill would provide that, as defined by the Open Meetings Act: (1) the term “deliberation” means an exchange, whether oral or written, between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business; (2) the term “deliberation” includes an e-mail, letter, or other written communication that is produced by or originates from a member of the governmental body, is circulated among a quorum of the governmental body, concerns an issue within the jurisdiction of the governmental body or any public business; and (3) the term “meeting” includes a gathering: (a) that is conducted by the governmental body or for which the governmental body is responsible; (b) at which a quorum of members of the governmental body is present or actively participating; (c) that has been called by the governmental body; and (d) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control. S.J.R. 14 (Van de Putte), Proposing a constitutional amendment authorizing an exemption from ad valorem taxation of the residence homestead of the surviving spouse of a totally disabled veteran or the principal residence of the surviving minor children. Reported from the Senate Finance Committee. S.J.R. 16 (Estes), Proposing a constitutional amendment providing for the appraisal for ad valorem tax purposes of open-space land devoted to water stewardship purposes on the basis of its productive capacity. Reported from the House Committee on Ways and Means. SIGNIFICANT FLOOR ACTIONS H.B. 12 (Solomons), Relating to the enforcement of state and federal laws governing immigration by certain governmental entities. Passed the House. As passed, the bill would provide that: (1) a city may not adopt a rule, order, ordinance, or policy under which the city prohibits the enforcement of state or federal laws relating to immigration; (2) a city may not prohibit a person employed by or otherwise under the direction of the city from: (a) inquiring into the immigration status of a person who is arrested or lawfully detained; (b) sending information to, or receiving information from, United States Citizenship and Immigration Services or United States Immigration and Customs Enforcement, or exchanging that information with another federal, state, or local governmental entity; (c) assisting a federal immigration officer as needed; or (d) permitting a federal immigration officer to conduct enforcement activities at a municipal jail; (3) a city may not consider race, color, language, or national origin while complying with immigration laws, except to the extent permitted by the United States Constitution or the Texas Constitution; (4) a city cannot receive state grant funds if it adopts a rule, order, ordinance, or policy prohibiting the enforcement of state or federal laws relating to immigration, or prohibits of enforcement of the laws by consistent action; (5) a citizen may file a complaint with the attorney general if the city is not complying with these requirements; and (6) if the attorney general believes that a complaint against a city is valid, the Town Council 513 of 516 Meeting Date: May 23, 2011 10 attorney general may file a petition for writ of mandamus or other relief to compel a city to comply with (1), above. (Companion bill is S.B. 11 by Williams.) H.B. 274 (Creighton), Relating to attorney’s fees, early dismissal, expedited trials, and the reform of certain remedies and procedures in civil actions. Passed the House. H.B. 628 (Callegari), Relating to contracts by governmental entities and related professional services and to public works performance and payment bonds. Passed the House. H.B. 961 (Turner), Relating to the sealing of and restricting access to juvenile records of certain misdemeanor convictions of a child. Passed the House. As passed, the bill would require that all records and files and information stored by electronic means or otherwise, relating to a child who is convicted of and has satisfied the judgment for a fine-only misdemeanor offense other than a traffic offense be confidential and not disclosed to the public except under certain circumstances. H.B. 1178 (Flynn), Relating to employment protection for members of the state military forces. Passed the House. H.B. 1604 (Guillen), Relating to the regulation of subdivisions in counties, including certain border and economically distressed counties. Passed the House. As passed, the bill would make various changes to county subdivision laws. Of particular interest to cities, the bill would provide that, before an application for funding from the Texas Water Development Board may be considered by the board, if the area for which the funds are proposed to be used is located: (1) in a city, the city must adopt the model subdivision rules; (2) in the extraterritorial jurisdiction of a city, the applicant must demonstrate that the model rules have been adopted and are enforced in the extraterritorial jurisdiction by either the city or the county. H.B. 1616 (Geren), Relating to the reporting or providing of information, including information relating to political contributions, political expenditures, and personal financial information, by public servants, political candidates and committees, and persons required to register under the lobby registration law, and to complaints filed with and the functions of the Texas Ethics Commission. Passed the House. H.B. 1649 (Marquez), Relating to the enforcement of building code standards for new residential construction in the unincorporated area of a county. Passed the House. As passed, the bill would: (1) expand county authority with regard to building code enforcement and fees in the unincorporated area of the county; and (2) provide that an electric, gas, water, or sewer service utility may not serve or connect new residential construction in that area unless the utility receives a certificate issued by the commissioners court that states that the new residential construction meets all applicable county building codes. (Companion bill is S.B. 861 by Rodriguez.) H.B. 1985 (S. Turner), Relating to municipal court. Passed the House. As passed, the bill would: (1) limit the ability of the state to revoke the city’s ten percent part of the court costs, fees, and fines remitted to the state to only cases where there is a conviction; (2) extend the time period during which a city may reestablish compliance with the rules regarding remitting court costs, fees, and fines to the state before the city is barred from collecting a service fee from those funds; and (3) require a city to immediately notify the Department of Public Safety when there is no cause to continue to deny renewal of a person’s driver’s license based on the person’s previous failure to appear or failure to pay or satisfy a judgment. Town Council 514 of 516 Meeting Date: May 23, 2011 11 H.B. 2127 (Geren), Relating to the municipal regulation of the discharge of firearms and certain other weapons in certain counties. Passed the House. H.B. 2237 (Lyne), Relating to the taxation and titling of certain off-road vehicles. Passed the House. (Companion bill is S.B. 1280 by Estes.) H.B. 2651 (Allen), Relating to the eligibility of visitors to use certain public transportation services for people with disabilities. Passed the House. H.B. 2663 (Chisum), Relating to the effect of rules and standards adopted by the Railroad Commission of Texas relating to the liquefied petroleum gas industry on ordinances, orders, or rules adopted by political subdivisions relating to that industry. Passed the House. As passed, the bill would provide that: (1) the rules and standards promulgated and adopted by the Railroad Commission preempt and supersede any ordinance, order, or rule adopted by a political subdivision relating to any aspect or phase of the liquefied petroleum gas industry; but (2) on approval of the commission, a political subdivision may adopt or enforce an ordinance, order, or rule relating to any aspect or phase of the LPG industry that would otherwise be preempted and superseded by a rule or standard promulgated and adopted by the commission. H.B. 2902 (Zerwas), Relating to the release of extraterritorial jurisdiction by certain general-law municipalities. Passed the House. H.B. 3391 (D. Miller), Relating to rainwater harvesting and other water conservation initiatives. Passed the House. H.B. 3396 (Hernandez Luna), Relating to the prosecution of and punishment for the offense of breach of computer security. Passed the House. As passed, the bill would: (1) increase the penalty for the offense of breach of computer security if the breach involves a government-owned computer facility or a critical infrastructure facility; (2) provide that is a breach of computer security offense to obtain, with the requisite intent, the “indentifying information” of another by accessing a computer or computer network or system; (3) provide for a defense to prosecution for a breach of computer security offense if the person is facilitating a lawful seizure or search of, or lawful access to, a computer for a legitimate law enforcement purposes. S.B. 1073 (Jackson), Relating to standards for a structure that is connected to a public water supply system and has a rainwater harvesting system. Passed the Senate. As passed, the bill would allow a rainwater harvesting system to be connected to the public water supply. S.B. 1087 (Carona), Relating to state-issued certificates of franchise authority to provide cable service and video service. Passed the House. S.B. 1529 (Hinojosa), Relating to the date by which law enforcement agencies must report arrests to the Department of Public Safety. Passed the Senate. S.B. 1583 (Ogden), Relating to state fiscal matters related to law enforcement and criminal justice. Passed the Senate. As passed, the bill would – among many other things – provide that: (1) an insurer shall pay to the authority a fee equal to $2 multiplied by the total number of motor vehicle years of insurance for insurance policies delivered, issued for delivery, or renewed by the insurer, to Town Council 515 of 516 Meeting Date: May 23, 2011 12 be paid to the state Automobile and Burglary Theft Prevention Authority; and (2) until 2013, fifty percent of each fee collected under (1) shall be appropriated only to the authority. S.B. 1693 (Carona), Relating to periodic rate adjustments by electric utilities. Passed the House. As passed, the bill would – among other things – provide that: (1) a periodic rate adjustment approved under the bill may not include indirect corporate costs, or capitalized operations and maintenance expenses; and (2) the Public Utility Commission shall conduct a study of the adjustment mechanism established by the bill, including cost savings if any realized by all parties. S.B. 1829 (Wentworth), Relating to excluding certain entities from the definition of a governmental body for the purposes of the public information law. Passed the Senate. As passed, the bill would provide that, notwithstanding any other law, a chamber of commerce or nonprofit corporation that provides economic development services to a governmental body is subject to the Public Information Act only with respect to information that the chamber of commerce or nonprofit corporation collects, assembles, or maintains and that relates to public funds received by the chamber of commerce or nonprofit corporation and paid to or for the benefit of a public employee or other public official, or a group of such public employees or other public officials. S.B. 1866 (Davis), Relating to the selection of providers of professional services by governmental entities. Passed the Senate. Passed, the bill would provide that, unless inconsistent with the criteria relating to qualifications of a professional service provider: (1) in selecting a provider of professional services, a governmental entity – including a city – may consider the impact on the ability of the entity to comply with laws, rules, and policies of the entity relating to historically underutilized and/or minority businesses, the entity’s small business development program, or another contracting program approved by the entity, if any; and (2) the entity may also consider the provider’s or group or association of providers’ principal place of business if, in the entity’s governing body’s judgment, the location of the principal place of business will impact the most efficient and economical provision of the services. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. Town Council 516 of 516 Meeting Date: May 23, 2011