Agenda Packet TC 06/03/2013Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, June 3, 2013
CALL TO ORDER AND ANNOUNCE A QUORUM
WORKSHOP SESSION
1.2013-335-T "Heroes Among Us" Presentation; recognition of three Trophy club
residents who reacted quickly to aid a fellow resident in his time of need;
discussion of same.
2.2013-333-T Consideration of Elected Officials and Social Media use in relation to the
Texas Open Meetings Act and other Town policies.
3.2013-320-T Presentation and Overview of the Trophy Club Tax Increment Financing
District; discussion of same.
4.2013-321-T Discussion of Agenda Items posted for consideration on the Regular
Session Council Agenda for June 3, 2013.
5.2013-322-T Discussion of proposed Agenda Items for the June 24, 2013 Regular
Session Agenda.
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.
PRESENTATION
6.2013-334-T Consider and take appropriate action regarding a Resolution of Gratitude to
Bob Downey for recognition of his dedication and service on the Zoning
Board of Adjustment and Ethics Commission; presentation of Resolution.
Resolution Downey.pdfAttachments:
Town of Trophy Club 1 of 62 June 3, 2013
June 3, 2013Town Council Meeting Agenda
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.
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.
7.2013-324-T Consider and take appropriate action regarding the Town Council Minutes
dated May 20, 2013 and May 21, 2013.
tcm 5-20-13.pdf
tcm 5-21-13.pdf
Attachments:
8.2013-325-T Consider and take appropriate action regarding proposed Town Council
meeting dates for June through September 2013.
June-Sept 2013 Calendar - Revised2.pdfAttachments:
9.2013-327-T Consider and take appropriate action regarding an Ordinance to approve
and adopt a Rate Schedule-"RRM-Rate Review Mechanism" for Atmos
Energy Corporation, Mid-Tex Division; finding the RRM Tariff set forth in
Attachment "A" to the Ordinance is reasonable and in the public interest;
repealing prior inconsistent resolutions and ordinances; and providing an
effective date.
Staff Report.pdf
Ord 2013-14 RRM Tariff.pdf
Exhibit A .pdf
Attachments:
REGULAR SESSION
10.2013-332-T Consider and take appropriate action regarding a Resolution appointing
persons to serve on the Board of Directors of the newly created Trophy
Club Crime Control and Prevention District; providing for initial terms of
office expiring on September 1, 2014 and September 1, 2015 and thereafter
providing for staggered two-year terms; designating a staff liaison; and
providing an effective date.
ccpd appt staff report.pdf
Resolution CCPD.pdf
Attachments:
Town of Trophy Club 2 of 62 June 3, 2013
June 3, 2013Town Council Meeting Agenda
11.2013-326-T Consider and take appropriate action regarding a Consulting Agreement
between the Town of Trophy Club and Freese and Nichols, Inc. for
professional services to analyze and provide conceptual and technical
improvements regarding drainage, channel improvements, erosion; and
authorizing the Mayor or her designee to execute all necessary documents.
Staff Report FNI.pdf
FNI Contract Proposal.pdf
Attachments:
12.2013-329-T Town Manager Update; discussion of same.
- Transportation Projects Update
- Strategic Partnership Update
- June Staffing and Training
13.2013-331-T Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
- Byron Nelson High School Royal Awards
14.2013-330-T Items for Future Agendas.
FutureAgendaItemList.pdfAttachments:
EXECUTIVE SESSION
15.2013-336-T Pursuant to Section 551.087(1) of the Texas Government Code,
"Deliberation regarding Economic Development Negotiations" and pursuant
to Texas Tax Code Section 321.3022 "Tax Information" (i) which provides:
Notwithstanding Chapter 551, Government Code, the governing body of a
municipality or other local governmental entity is not required to confer with
one or more employees or a third party in an open meeting to receive
information or question the employees or third party regarding the information
received by the municipality or other local governmental entity under this
section. Tex. Tax Code §321.3022(i)
A. Town Council will convene into closed session regarding Economic
Development Tax Finance Information.
B. Pursuant to Texas Government Code, Annotated, subchapter 551, Council
will convene into closed executive session as authorized by:
Section 551.071(2) "Consultation with Attorney" for consultation with its
attorney on a matter in which the duty of the attorney to the Governmental
Body under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflicts with this Chapter.
(1) Water and wastewater services; terms of interlocal agreement regarding
lease and conveyance of utility system assets and provision of
retail water and wastewater services, approval and parameters of
representation, and related matters.
RECONVENE INTO REGULAR SESSION
Town of Trophy Club 3 of 62 June 3, 2013
June 3, 2013Town Council Meeting Agenda
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 5-31-13] by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
_________________________________________
Amy Piukana, TRMC
Town Secretary
Town of Trophy Club
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
______________________, 2013.
________________________________, Title: ___________________________
Town of Trophy Club 4 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-335-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/29/2013 Town Council
On agenda:Final action:6/3/2013
Title:"Heroes Among Us" Presentation; recognition of three Trophy club residents who reacted quickly to
aid a fellow resident in his time of need; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Title
"Heroes Among Us" Presentation; recognition of three Trophy club residents who reacted quickly to aid a
fellow resident in his time of need; discussion of same.
Town of Trophy Club 5 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-333-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Consideration of Elected Officials and Social Media use in relation to the Texas Open Meetings Act
and other Town policies.
Attachments:
Action ByDate Action ResultVer.
Title
Consideration of Elected Officials and Social Media use in relation to the Texas Open Meetings Act and
other Town policies.
Town of Trophy Club 6 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-320-T Name:
Status:Type:Resolution Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Presentation and Overview of the Trophy Club Tax Increment Financing District; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Title
Presentation and Overview of the Trophy Club Tax Increment Financing District; discussion of same.
Town of Trophy Club 7 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-321-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Discussion of Agenda Items posted for consideration on the Regular Session Council Agenda for
June 3, 2013.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion of Agenda Items posted for consideration on the Regular Session Council Agenda for June 3,
2013.
Town of Trophy Club 8 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-322-T Name:
Status:Type:Resolution Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Discussion of proposed Agenda Items for the June 24, 2013 Regular Session Agenda.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion of proposed Agenda Items for the June 24, 2013 Regular Session Agenda.
Town of Trophy Club 9 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-334-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Consider and take appropriate action regarding a Resolution of Gratitude to Bob Downey for
recognition of his dedication and service on the Zoning Board of Adjustment and Ethics Commission;
presentation of Resolution.
Attachments:Resolution Downey.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Resolution of Gratitude to Bob Downey for recognition
of his dedication and service on the Zoning Board of Adjustment and Ethics Commission; presentation of
Resolution.
Town of Trophy Club 10 of 62 June 3, 2013
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-10
RESOLUTION OF GRATITUDE
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO
RECOGNIZE BOB DOWNEY FOR HIS SERVICE TO THE TOWN OF TROPHY CLUB.
WHEREAS, the members of Town Council of the Town of Trophy Club, Texas wish to express their sincere gratitude
to Bob Downey for his invaluable service to the Town of Trophy Club; and
WHEREAS, Bob Downey served with distinction and honor on the Zoning Board of Adjustment since 1999 and served
as Chairman since 2007, and over the past 15 years has served on various Boards and Commissions such as the
Ethics Commission, Charter Review Commission, Citizen Volunteer Task Force, Tree Board, Utility Franchise
Committee and the Editorial Review Board.
WHEREAS, Bob Downey's dedication and loyalty to Trophy Club and its citizens has been instrumental to the
enhanced welfare, growth and development ofthe Town of Trophy Club.
NOW THEREFORE, BE IT RESOLVED that the members of the Town Council of the Town of Trophy Club,
Texas hereby expresses their heartfelt gratitude to Mr. Bob Downey for his unselfish contributions and service to the
Town of Trophy Club and its citizens.
Passed and approved by the Town Council of the Town of Trophy Club, Texas, this 3rd day of June, 2013.
Connie White, Mayor Bill Rose, Town Council Jeanette Tiffany, Mayor Pro Tem
Town of Trophy Club Place 1 Place 2
Clint Schroeder, Town Council Danny Mayer, Town Council Greg Lamont, Town Council
Place 3 Place 4 Place 5
Town of Trophy Club 11 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-324-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Consider and take appropriate action regarding the Town Council Minutes dated May 20, 2013 and
May 21, 2013.
Attachments:tcm 5-20-13.pdf
tcm 5-21-13.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the Town Council Minutes dated May 20, 2013 and May
21, 2013.
Town of Trophy Club 12 of 62 June 3, 2013
MINUTES FROM REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 20, 2013 at 7:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
May 20, 2013. The meeting was held within the boundaries of the Town and was open to the
public.
STATE OF TEXAS §
COUNTY OF DENTON/TARRANT §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Glenn Strother Mayor Pro Tem, Place 5
Bill Rose Council Member, Place 1
Jeannette Tiffany Council Member, Place 2
Clint Schroeder Council Member, Place 3
Danny Mayer Council Member, Place 4
TOWN COUNCIL MEMBERS ABSENT:
None
STAFF MEMBERS PRESENT:
Mike Slye Town Manager
Patricia Adams Town Attorney
Amy Piukana Town Secretary
April Reiling Public Information Officer/Marketing Manager
Michael Aguilera Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Mayor White announced the date of May 20, 2013, called the Town Council Meeting to order
and announced a quorum at 7:01 p.m.
CONVENE INTO REGULAR SESSION – ESTIMATED START TIME – 7:00 P.M.
INVOCATION – The invocation was led by Council Member Schroeder.
PLEDGES – Finance Director Michael Aguilera led the pledge of allegiance and pledge to
the Texas Flag.
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
Town of Trophy Club 13 of 62 June 3, 2013
May 20, 2013 Town Council Minutes Page 2 of 6
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.
The following citizens were present to speak:
Trish Myers with The Church at Trophy Lakes invited Town Council and Town Staff to
attend a Memorial Day Block party on Sunday, May 26, 2013 5 p.m. to 8 p.m. The event
is free and everyone is invited.
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.
1. Consider and take appropriate action regarding an Ordinance amending
Chapter 11, "Public Works", Article IX, "Drought Contingency Measures"
adopting a Policy Statement and Year Round Water Management and
Conservation Requirements applicable in the absence of the declaration of
a Drought Stage; providing for numbering amendments within Article IX;
providing a penalty; and providing an effective date.
2. Consider and take appropriate action regarding the Minutes dated May 6,
2013.
Council Member Rose made a motion to approve Consent Items 1-2. Motion seconded by
Council Member Schroeder. Motion approved by vote of 6-0.
REGULAR AGENDA
3. Consider and take appropriate action regarding a Consulting Agreement
between the Town and GSBS for professional services to develop a Facility
Condition Audit, Future Space Needs Analysis and proposed Site Study and
Analysis; and authorizing the Mayor to execute all documents.
Town Manager Mike Slye briefed Council regarding this item. Mr. Slye noted several firms
responded to the request for quotes and after interviewing the final three candidates, GSBS
was chosen. The contract submitted by GSBS was for $47,500. A representative with
GSBS Architects was present to answer questions.
Council Member Rose made a motion to approve a Consulting Agreement between the
Town and GSBS for professional services to develop a Facility Condition Audit, Future
Town of Trophy Club 14 of 62 June 3, 2013
May 20, 2013 Town Council Minutes Page 3 of 6
Space Needs Analysis and proposed Site Study and Analysis; and authorizing the Mayor to
execute all documents. Motion seconded by Council Member Mayer. Mayor Pro Tem
Strother recused himself due to a conflict of interest. Motion approved by vote of 5-0, with
Mayor Pro Tem Strother recusing himself from voting on this item.
After the vote, Mayor Pro Tem Strother rejoined the meeting.
4. Consider and take appropriate action regarding an Ordinance abandoning
the Town's interest in a 0.9679 acre right-of-way dedicated to the Town and
formerly used as part of Parkview; providing for findings of public purpose
to convey the vacated right-of-way to NISD for the public purpose of
facilitating ingress and egress to public roadways; providing for conditions
of conveyance; and providing an effective date.
Town Manager Mike Slye briefed Council regarding this item.
Council Member Mayer made a motion to approve an Ordinance abandoning the Town's
interest in a 0.9679 acre right-of-way dedicated to the Town and formerly used as part of
Parkview; providing for findings of public purpose to convey the vacated right-of-way to
NISD for the public purpose of facilitating ingress and egress to public roadways; providing
for conditions of conveyance; and providing an effective date. Motion seconded by Council
Member Tiffany. Motion approved by vote of 6-0.
5. Consider and take appropriate action regarding a Consulting Agreement
between the Town and Bennett Benner Pettit for professional services
related to the creation and adoption of two Tax Increment Financing
Districts or Tax Increment Reinvestment Zones for the purpose of planning
and economic development; and authorizing the Mayor to execute all
documents.
Assistant Town Manager Stephen Seidel briefed Council regarding this item.
Council Member Tiffany made a motion to approve a Consulting agreement between the
Town and Bennett Benner Pettit for professional services related to the creation and
adoption of two Tax Increment Financing Districts or Tax Increment Reinvestment Zones for
the purpose of planning and economic development; and authorizing the Mayor to execute
all documents. Motion seconded by Council Member Mayer. Council Member Rose made a
motion to amend the motion to add the words “in an amount not to exceed $70,000.” Motion
seconded by Council Member Tiffany.
Resident Larry Hoover spoke in support of this item.
Resident Jim Hicks spoke in support of this item.
Council approved by vote of 6-0.
6. Consider and take appropriate action regarding Financial and Variance
Report dated April 2013.
Finance Director Michael Aguilera briefed Council regarding this item.
Town of Trophy Club 15 of 62 June 3, 2013
May 20, 2013 Town Council Minutes Page 4 of 6
Mayor Pro Tem Strother made a motion to approve the Financial and Variance Report dated
April 1, 2013, as presented. Motion seconded by Council Member Rose. Motion approved
by vote of 6-0.
Town Manager Slye’s update regarding the following; discussion of the same.
- Police Department Facility
- Pool and Splash Pad
- TCP Fire Follow Up
- Development Update
Town Manager Mike Slye provided an update. Council Member Schroeder asked staff to
provide an update regarding the Splash Pad usage and asked that a report of pool
reservations and cancellations be provided at a later meeting date.
7. Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of the same.
- Metroport Cities Partnership
Mayor White provided an update regarding Metroport Cities Partnership. Council Member
Rose gave an update regarding a recent Parks & Recreation Meeting he attended.
8. Items for Future Agendas. Council Member Schroeder reminded staff that June
is speed awareness month. Sales tax update – confidential by State Comptroller
Mayor.
Resident Steve Palla spoke regarding food carts.
EXECUTIVE SESSION –
The Town Council convened into Executive Session at 8:27 p.m.
9. Pursuant to Texas Government code, Annotated, subchapter 551, Council will
convene into closed executive session as authorized by:
(A) Section 551.071 (B) Consultation with Attorney for consultation with its
attorney on a matter in which the duty of the attorney to the Governmental
Body under the Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflict with the Open Meetings Act.
(1) Water and wastewater services; terms of interlocal agreement regarding lease
and conveyance of utility system assets and provision of retail water and
wastewater services, approval and parameters of representation, and related
matters.
RECONVENE INTO REGULAR SESSION
10. To reconvene into Regular Session and take any action necessary as a result of
the Closed Session.
Town of Trophy Club 16 of 62 June 3, 2013
May 20, 2013 Town Council Minutes Page 5 of 6
The Town Council reconvened into Regular Session at 10:02 p.m.
As a result of Executive Session, the following statement was read by Mayor Connie White
in response to a proposed Retail Water and Wastewater Services Agreement for the Public
Improvement District (PID) that was submitted to the Town of Trophy Club by the Trophy
Club Municipal Utility District No. 1 (TC MUD 1) earlier this year.
The Trophy Club Town Council unanimously supports a draft Strategic Partnership
Agreement, a plan that proposes to provide retail utility services to the PID and, overtime,
consolidate the TC MUD 1 government with the Town of Trophy Club government and
provide for appropriate negotiations with Westlake in regards to Solana.
As a Town Council, we are elected by the residents of Trophy Club and charged with
providing for the best interests of the entire community. In March, TC MUD 1 presented the
Town with a Retail Water and Wastewater Services Agreement for the PID that required
that the Town and TC MUD 1 enter into a 24-year contract. For various reasons, the
agreement presented by the TC MUD 1 is not acceptable and we have moved forward with
developing a counter-proposal. Today we publicly present a proposal to the TC MUD 1
Board, the citizens of Trophy Club and the Town of Westlake – a draft proposal that we feel
would strengthen the local governance for the citizens of Trophy Club.
Over the next three years, the Strategic Partnership Agreement proposes to:
Allow the TC MUD 1 to provide retail water and wastewater services to PID customers, and
Implement a plan to combine current TC MUD 1 infrastructure, facilities, services, functions
and employees into the town organization, and Develop a strategy for the TC MUD 1 to
relinquish services provided to Westlake, and negotiate with Westlake regarding a payout
for facilities and infrastructure located within Westlake town limits, and determine any
remaining debt obligations and make accommodations for revenue loss.
As Mayor, I have a particularly unique perspective because I served on the TC MUD 1
Board of Directors for 26 years, until I was elected Mayor in 2009. I know how important the
TC MUD 1 has been throughout the development of Trophy Club, but the growth of the PID
has created a division in our town. In order to establish equality among the citizenry, the
local government structure needs to change, and the proposed Strategic Partnership
Agreement helps move Trophy Club in the right direction.
Many remember the town and TC MUD 1 government’s feud in 2009 when legal action was
taken by, and against both governments. The hostile relationship, financial waste and
negative backlash hurt both governments, but most of all, it hurt the residents of Trophy
Club. In our current proposal and subsequent actions, I assure you that the Town Council
will maintain a respectful and open dialogue with both the TC MUD 1 and Town of
Westlake.
The proposal allows for a cohesive municipal organization in Trophy Club, which aligns with
the long-term vision for the Town. We no longer need two government entities when one
can do the job. This is the logical continuation of a process that began when a number of
individual MUDs were consolidated into the present TC MUD 1 district.
Typically, a MUD would be absorbed when a municipality incorporates; however, TC MUD
1 services two towns: Trophy Club and the portion of Westlake known as Solana. The
Town of Trophy Club 17 of 62 June 3, 2013
May 20, 2013 Town Council Minutes Page 6 of 6
unique situation requires that all three elected bodies agree to any change in the current
structure. This proposal is the first step in facilitating a dialogue.
In addition to assuming ownership of TC MUD1 facilities, both Trophy Club and Westlake
would assume and negotiate any remaining debt obligations and make accommodations
for revenue loss. Allowing Westlake to assume ownership of TC MUD 1 facilities in Solana
paves the way for relinquishing control while minimizing the negative financial impact to
Trophy Club residents. As anticipated when the PID was created, the Town Council
believes that the revenue now coming from the PID and commercial development within
Trophy Club will replace existing Solana revenues.
The proposal recommends that in order to minimize outstanding debt, all future capital
expenditures shall be funded by Trophy Club. For example, if a wastewater expansion is
required to accommodate further residential and commercial growth in Trophy Club, then
the TC MUD 1 would agree to withhold issuing debt and allow the town to fund the
expansion in anticipation of consolidation. This would allow for all Trophy Club citizens to
pay their fair share of necessary capital improvements equally.
The TC MUD1 board has provided quality utility services for both communities; but we have
always discussed merging when the time is right. That time is now. As a Town Council we
want to reiterate that we are grateful for the MUD and the dedicated service they have
provided to the Trophy Club area for many years; but, we now ask that the TC MUD 1
Board of Directors consider approving the Strategic Partnership Agreement and do what
we believe is best for the residents and entire community of Trophy Club.”
Mayor Pro Tem Strother made a motion to approve submitting an interlocal agreement to
the Town of Westlake and TC MUD1, as discussed in Executive Session. Motion
seconded by Council Member Rose. Motion approved by vote of 6-0.
ADJOURN
Mayor Pro Tem Strother made a motion to adjourn the meeting. Motion seconded by
Council Member Tiffany. Motion approved by vote of 6-0.
Meeting adjourned at 10:10 p.m.
Attest: Signed:
___________________________________ ___________________________________
Amy M. Piukana, TRMC; Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town of Trophy Club 18 of 62 June 3, 2013
MINUTES FROM REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 21, 2013 at 7:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
May 21, 2013. The meeting was held within the boundaries of the Town and was open to the
public.
STATE OF TEXAS §
COUNTIES OF DENTON/TARRANT §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Glenn Strother Mayor Pro Tem, Place 5
Greg Lamont Council Member Elect, Place 5
Bill Rose Council Member, Place 1
Clint Schroeder Council Member, Place 3
Danny Mayer Council Member, Place 4
TOWN COUNCIL MEMBERS ABSENT:
Jeannette Tiffany Council Member, Place 2
STAFF MEMBERS PRESENT:
Mike Slye Town Manager
Patricia Adams Town Attorney
Amy Piukana Town Secretary
April Reiling PIO/Marketing Manager
Scott Kniffen Police Chief
Mayor White announced the date of May 21, 2013, called the Special Called Meeting to order
and announced a quorum at 6:31 p.m.
CALL TO ORDER AND ANNOUNCE A QUORUM
1. Consider Presentation of a Resolution of Gratitude to Glenn Strother for recognition
of his dedication and years of service on the Town Council; discussion of same.
Mayor White presented a resolution plaque and gift to Mayor Pro Tem Strother for his years of
service on the Town Council. Council Member Rose made a motion to approve a Resolution of
Gratitude to Glenn Strother for recognition of his dedication and years of service on the Town
Council. Motion seconded by Council Member Schroeder. Motion approved by vote of 6-0.
2. Remarks to and from outgoing Council Member Strother.
Mayor Pro Tem Strother thanked citizens for their support and congratulated Council Elect
Greg Lamont. Each Council Member publicly thanked Mayor Pro Tem Strother for his years of
service.
Town of Trophy Club 19 of 62 June 3, 2013
May 21, 2013 Town Council Minutes Page 2 of 3
Resident Nick Sanders expressed appreciation to Mayor Pro Tem Strother for his service to the
community.
3. Consider and take appropriate action regarding an Ordinance canvassing the returns of
the May 11, 2013 General and Special Elections relative to the election of one
Councilmember to Place No. 5 on the Trophy Club Town Council, a proposition for the
abolition of the Trophy Club 4A Economic Development Corporation local sales and use
tax, a proposition for the creation of the Trophy Club Crime Control and Prevention
District and the levy of a one-fourth of one-percent local sales and use tax, and nineteen
(19) Propositions to amend the Town's Home Rule Charter; authorizing the issuance of a
Certificate of Election and providing for the enactment of Propositions; and providing an
effective date.
(A.) Consider and take appropriate action regarding an Ordinance adopting and
putting the 2013 Home Rule Charter Amendments into Effect; providing for
certification; and providing an effective date.
Council Member Rose made a single motion to approve Agenda Item Number 3 and Agenda
Item Number 4, canvassing the returns of the May 11, 2013 General and Special Elections relative
to the election of one Councilmember to Place No. 5 on the Trophy Club Town Council, a
proposition for the abolition of the Trophy Club 4A Economic Development Corporation local sales
and use tax, a proposition for the creation of the Trophy Club Crime Control and Prevention District
and the levy of a one-fourth of one-percent local sales and use tax, and nineteen (19) Propositions
to amend the Town's Home Rule Charter; authorizing the issuance of a Certificate of Election and
providing for the enactment of Propositions and adopting and putting the 2013 Home Rule Charter
Amendments into Effect; providing for certification; and providing an effective date. Motion
seconded by Council Member Schroeder. Motion approved by vote of 6-0.
4. Consider and take appropriate action regarding an Ordinance of the Town of Trophy
Club adopting and putting the 2013 Home Rule Charter Amendments into effect;
providing for the Incorporation of Premises; providing for engrossment, enrollment,
and certification; and providing an effective date.
Council Member Rose approved this item in one motion under Agenda Item No. 3.
5. Oath of Office to be administered by Municipal Court Judge, Mark Chambers, and
presentation of Certificates of election from Judge Chambers to incoming Council
Member.
Municipal Judge Mark Chambers provided Council Elect Greg Lamont with his Oath of Office.
6. Remarks to and from incoming Council Member Greg Lamont.
Council Member Lamont thanked citizens for their support throughout his campaign and
introduced his family members who were present at the meeting.
7. Discussion of proposed Council Meeting dates for the months of June through
September.
Town Manager Mike Slye briefed Council regarding the proposed future date calendar.
Town of Trophy Club 20 of 62 June 3, 2013
May 21, 2013 Town Council Minutes Page 3 of 3
Council directed staff to bring forward the future calendar as a Consent Item at the next Council
Meeting for action.
8. Consider and take appropriate action regarding appointment of Mayor Pro Tem for a
term of one year.
Council Member Rose made a motion to nominate and appoint Jeannette Tiffany as Mayor Pro
Tem for a term of one year. Motion seconded by Council Member Lamont. Motion approved
by vote of 6-0.
EXECUTIVE SESSION
9. Convene into Executive Session pursuant to Section 551.074(a)(1) Personnel
Matters: To discuss and deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee.
(Appointment of a Mayor Pro Tem.)
Council did not convene into Executive Session.
RECONVENE INTO REGULAR SESSION
10. Consider and take appropriate action regarding the Executive Session.
No action was taken on this item.
ADJOURN
Council Member Rose made a motion to adjourn the meeting. Motion seconded by Council
Member Mayer. Motion approved by vote of 6-0.
Meeting adjourned at 7:35 p.m.
Attest: Signed:
___________________________________ ___________________________________
Amy M. Piukana, TRMC; Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town of Trophy Club 21 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-325-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Consider and take appropriate action regarding proposed Town Council meeting dates for June
through September 2013.
Attachments:June-Sept 2013 Calendar - Revised2.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding proposed Town Council meeting dates for June through
September 2013.
Town of Trophy Club 22 of 62 June 3, 2013
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Town of Trophy Club 26 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-327-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Consider and take appropriate action regarding an Ordinance to approve and adopt a Rate Schedule
-"RRM-Rate Review Mechanism" for Atmos Energy Corporation, Mid-Tex Division; finding the RRM
Tariff set forth in Attachment "A" to the Ordinance is reasonable and in the public interest; repealing
prior inconsistent resolutions and ordinances; and providing an effective date.
Attachments:Staff Report.pdf
Ord 2013-14 RRM Tariff.pdf
Exhibit A .pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding an Ordinance to approve and adopt a Rate Schedule
-"RRM-Rate Review Mechanism" for Atmos Energy Corporation, Mid-Tex Division; finding the RRM Tariff
set forth in Attachment "A" to the Ordinance is reasonable and in the public interest; repealing prior
inconsistent resolutions and ordinances; and providing an effective date.
Town of Trophy Club 27 of 62 June 3, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Amy Piukana, Town Secretary
CC: Mike Slye, Town Manager
Re: Town Council Meeting June 3, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding an Ordinance to adopt a RRM (Rate
Review Mechanism) for Atmos Energy corporation, MID Tex Division to be in force in
the Town of Trophy Club for a period of time, as specified in the rate schedule.
Explanation:
In the opinion of ACSC’s Executive Committee, the RRM process is a better deal for
customers than the GRIP process. Atmos Mid-Tex has stated if it were to file for a rate
adjustment in 2013 under the GRIP provisions, it would request approximately $5
million more in rate relief than it plans to request in a filing under this revised RRM tariff.
ACSC assumes that is because the GRIP process only evaluates changes to capital
investment. The RRM process looks at revenues (that may be increasing) and
expenses (that may be declining), as well as capital investment.
Additionally, the statute authorizing the GRIP rate adjustment process allows the
Company to place the entirety of any rate increase in the unavoidable monthly customer
charge portion of its rates. If the Company were to file for an increase under the GRIP
provisions, the entire amount of the increase would be collected through the fixed
portion of the bill, rather than the volumetric charge that varies by a customer’s usage.
Between 2007 and 2012, ACSC was able to negotiate rate design results that
constrained residential customer charges to the $7.00 to $7.50 range. However, the
Railroad Commission has recently raised the residential customer charge to $17.70.
Additionally, the RRM tariff provides a discount as an incentive for cities permitting the
Company annual rate relief. The RRM tariff includes an adjustment amount that is a
reduction to the Company’s requested increase. The adjustment lowers the Company’s
rate request by at least $3 million each year. Additional reductions will also be made
each year depending on the size of the Company’s requested increase. The attached
RRM tariff also caps at 55% the percentage of equity that can be used to calculate the
Town of Trophy Club 28 of 62 June 3, 2013
Company’s capital structure. Railroad Commission policy allows rates to be based on a
parent company’s actual capital structure, which for Atmos could mean increases in
equity above the most recent level of 52%.
Under the RRM tariff, cities are also able to review the Company’s annual expenses
and capital investments and make adjustments, or disallowances, for any such
expenses or investments that are considered to be unreasonable or unnecessary. The
cities’ costs in reviewing the annual filings, such as fees associated with the hiring of
expert consultants and legal counsel, will be reimbursed by the Company on a monthly
basis.
If cities do not approve the RRM tariff, the Company has stated that it will reinstitute its
annual filings under the GRIP provisions. The anticipated GRIP adjustment for 2013
would be approximately $5 million higher than the Company anticipates requesting
through an RRM filing. Additionally, GRIP rate adjustments would place the entire
amount of the Company’s requested increase into the customer charge. The ACSC
Executive Committee recommends that ACSC city members take action to approve the
Ordinance authorizing the RRM tariff.
Attachments:
Ordinance 2013- 14
Exhibit A
Town Council Goals:
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:
Town Staff recommends Town Council approve an Ordinance adopting a RRM (Rate
Review Mechanism) for Atmos Energy Corporation, MID Tex Division to be in force in
the Town of Trophy Club, as presented.
Town of Trophy Club 29 of 62 June 3, 2013
TOWN OF TROPHY CLUB TEXAS
ORDINANCE NO. 2013-14
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, (“TOWN”)
APPROVING AND ADOPTING RATE SCHEDULE “RRM –
RATE REVIEW MECHANISM” FOR ATMOS ENERGY
CORPORATION, MID-TEX DIVISION TO BE IN FORCE
IN THE TOWN FOR A PERIOD OF TIME AS SPECIFIED
IN THE RATE SCHEDULE; 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 O F
THIS ORDINANCE TO THE COMPANY AND ACSC
LEGAL COUNSEL.
WHEREAS, the Town of Trophy Club, Texas (“Town”) is a gas utility customer of
Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “the Company”), and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of cities, most of whom retain original jurisdiction over the rates and services of Atmos
Mid-Tex; and
WHEREAS, in 2007 ACSC member cities and Atmos Mid-Tex collaboratively
developed the Rate Review Mechanism (“RRM”) Tariff that allows for an expedited rate review
process controlled by cities as a substitute for the legislatively-constructed Gas Reliability
Infrastructure Program (“GRIP”); and
WHEREAS, the GRIP mechanism does not permit the Town to review rate increases,
and constitutes piecemeal ratemaking; and
WHEREAS, the RRM process permits Town review of requested rate increases and
provides for a holistic review of the true cost of service for Atmos Mid-Tex; and
Town of Trophy Club 30 of 62 June 3, 2013
WHEREAS, the initial RRM tariff expired in 2011; and
WHEREAS, ACSC’s representatives have worked with Atmos Mid-Tex to negotiate a
renewal of the RRM process that avoids litigation and Railroad Commission filings; and
WHEREAS, the ACSC’s Executive Committee and ACSC’s legal counsel recommend
ACSC members approve the negotiated new RRM tariff; and
WHEREAS, the attached Rate Schedule “RRM – Rate Review Mechanism” (“RRM
Tariff”) provides for a reasonable expedited rate review process that is a substitute for, and is
superior to, the statutory GRIP process; and
WHEREAS, the expedited rate review process as provided by the RRM Tariff avoids
piecemeal ratemaking; and
WHEREAS, the RRM tariff reflects the ratemaking standards and methodologies
authorized by the Railroad Commission in the most recent Atmos Mid-Tex rate case, G.U.D. No.
10170; and
WHEREAS, the RRM Tariff provides for an annual reduction in Atmos Mid-Tex’s
requested rate increase of at least $3 million; and
WHEREAS, the RRM Tariff provides for a lower customer charge than if Atmos Mid-
Tex pursued GRIP filings; and
WHEREAS, the attached RRM Tariff as a whole is 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.
Town of Trophy Club 31 of 62 June 3, 2013
Section 2. That the Town Council finds that the RRM Tariff, which is attached hereto
and incorporated herein as Attachment A, is reasonable and in the public interest, and is
hereby in force and effect in the Town.
Section 3. That to the extent any resolution or ordinance previously adopted by the Town
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 4. 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 5. That if any one or more sections or clauses of this Ordinance is judged 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 6. That this Ordinance shall become effective from and after its passage.
Section 7. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of
Christopher Felan, Vice President of Rates and Regulatory Affairs for Atmos Mid-Tex Division,
Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240, and to
Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816
Congress Avenue, Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED this __________ day of ___________________, 2013.
_________________________________
Connie White, Mayor
Town of Trophy Club 32 of 62 June 3, 2013
ATTEST:
__________________________________
Amy Piukana, TRMC; Town Secretary
APPROVED AS TO FORM:
___________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club 33 of 62 June 3, 2013
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 1 OF 6
I. Applicability
Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in
the Mid-Tex Division of Atmos Energy Corporation (“Company”) except such customers
within the City of Dallas. This Rate Review Mechanism (“RRM”) provides for an annual
adjustment to the Company’s Rate Schedules R, C, I and T (“Applicable Rate
Schedules”). Rate calculations and adjustments required by this tariff shall be
determined on a System-Wide cost basis.
II. Definitions
“Test Period” is defined as the twelve months ending December 31 of each preceding
calendar year.
The “Effective Date” is the date that adjustments required by this tariff are applied to
customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is
October 15, 2013.
Unless otherwise noted in this tariff, the term “Final Order” refers the final order issued
by the Railroad Commission of Texas in GUD 10170.
The term “System-W ide” means all incorporated and unincorporated areas served by
the Company.
“Review Period” is defined as the period from the Filing Date until the Effective Date.
The “Filing Date” is as early as practicable but no later than March 1 of each year with
the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual
Effective Date is June 1, 2017.
III. Calculation
The RRM shall calculate an annual, System-Wide cost of service (“COS”) that will be
used to adjust applicable rate schedules prospectively as of the Effective Date. The
annual cost of service will be calculated according to the following formula:
COS = OM + DEP + RI + TAX + CD - ADJ
Where:
OM = all reasonable and necessary operation and maintenance expenses from the
Test Period adjusted for known and measurable items and prepared
Town of Trophy Club 34 of 62 June 3, 2013
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 2 OF 6
consistent with the rate making treatments approved in the Final Order.
Known and measurable adjustments shall be limited to those changes that
have occurred prior to the Filing Date. OM may be adjusted for atypical and
non-recurring items. Shared Services allocation factors shall be recalculated
each year based on the latest component factors used during the Test
Period, but the methodology used will be that approved in the Final Order.
DEP = depreciation expense calculated at depreciation rates approved by the Final
Order.
RI = return on investment calculated as the Company's pretax return multiplied by
rate base at Test Period end. Rate base is prepared consistent with the rate
making treatments approved in the Final Order, except that no post Test
Period adjustments will be permitted. Pretax return is the Company's
weighted average cost of capital before income taxes. The Company's
weighted average cost of capital is calculated using the methodology from the
Final Order including the Company's actual capital structure and long term
cost of debt as of the Test Period end (adjusted for any known and
measurable changes) and the return on equity from the Final Order.
However, in no event will the percentage of equity exceed 55%. Regulatory
adjustments due to prior regulatory rate base adjustment disallowances will
be maintained. Cash working capital will be calculated using the lead/lag
days approved in the Final Order. With respect to pension and other
postemployment benefits, the Company will record a regulatory asset or
liability for these costs until the amounts are included in the next annual rate
adjustment implemented under this tariff. Each year, the Company’s filing
under this Rider RRM will clearly state the level of pension and other
postemployment benefits recovered in rates.
TAX = income tax and taxes other than income tax from the Test Period adjusted for
known and measurable changes occurring after the Test Period and before
the Filing Date, and prepared consistent with the rate making treatments
approved in the Final Order.
CD = interest on customer deposits.
ADJ = Downward adjustment to the overall, System-W ide test year cost of service in
the amount of $3,000,000.00, adjusted by a percentage equal to the total
percentage increase in base-rate revenue sought pursuant to this tariff.
IV. Annual Rate Adjustment
Town of Trophy Club 35 of 62 June 3, 2013
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 3 OF 6
The Company shall provide schedules and work papers supporting the Filing’s revenue
deficiency/sufficiency calculations using the methodology accepted in the Final Order.
The result shall be reflected in the proposed new rates to be established for the
effective period. The Revenue Requirement will be apportioned to customer classes in
the same manner that Company’s Revenue Requirement was apportioned in the Final
Order. For the Residential Class, 40% of the increase may be recovered in the
customer charge. The increase to the Residential customer charge shall not exceed
$0.50 per month in any given year. The remainder of the Residential Class increase not
collected in the customer charge will be recovered in the usage charge. The Company
will forgo any change in the Residential customer charge with the first proposed rate
adjustment pursuant to this tariff. For all other classes, the change in rates will be
apportioned between the customer charge and the usage charge, consistent with the
Final Order. Test Period billing determinants shall be adjusted and normalized
according to the methodology utilized in the Final Order.
V. Filing
The Company shall file schedules annually with the regulatory authority having original
jurisdiction over the Company's rates on or before the Filing Date that support the
proposed rate adjustments. The schedules shall be in the same general format as the
cost of service model and relied-upon files upon which the Final Order was based. A
proof of rates and a copy of current and proposed tariffs shall also be included with the
filing. The filing shall be made in electronic form where practical. The Company’s filing
shall conform to Minimum Filing Requirements (to be agreed upon by the parties),
which will contain a minimum amount of information that will assist the regulatory
authority in its review and analysis of the filing. The Company and regulatory authority
will endeavor to hold a technical conference regarding the filing within ten (10) calendar
days after the Filing Date.
The 2013 Filing Date will be July 15, 2013.
A sworn statement shall be filed by an Officer of the Company affirming that the filed
schedules are in compliance with the provisions of this Rate Review Mechanism and
are true and correct to the best of his/her knowledge, information, and belief. No
testimony shall be filed, but a brief narrative explanation shall be provided of any
changes to corporate structure, accounting methodologies, allocation of common costs,
or atypical or non- recurring items included in the filing.
VI. Evaluation Procedures
The regulatory authority having original jurisdiction over the Company's rates shall
review and render a decision on the Company's proposed rate adjustment prior to the
Town of Trophy Club 36 of 62 June 3, 2013
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 4 OF 6
Effective Date. The Company shall provide all supplemental information requested to
ensure an opportunity for adequate review by the relevant regulatory authority. The
Company shall not unilaterally impose any limits upon the provision of supplemental
information and such information shall be provided within seven (7) working days of the
original request. The regulatory authority may propose any adjustments it determines to
be required to bring the proposed rate adjustment into compliance with the provisions of
this tariff.
The regulatory authority may disallow any net plant investment that is not shown to be
prudently incurred. Approval by the regulatory authority of net plant investment pursuant
to the provisions of this tariff shall constitute a finding that such net plant investment
was prudently incurred. Such finding of prudence shall not be subject to further review
in a subsequent RRM or Statement of Intent filing.
During the Review Period, the Company and the regulatory authority will work
collaboratively and seek agreement on the level of rate adjustments. If, at the end of the
Review Period, the Company and the regulatory authority have not reached agreement,
the regulatory authority shall take action to modify or deny the proposed rate
adjustments. The Company shall have the right to appeal the regulatory authority's
action to the Railroad Commission of Texas. Upon the filing of an appeal of the
regulatory authority's order relating to an annual RRM filing with the Railroad
Commission of Texas, the regulatory authority having original jurisdiction over the
Company's rates shall not oppose the implementation of the Company's proposed rates
subject to refund, nor will the regulatory authority advocate for the imposition of a third
party surety bond by the Company. Any refund shall be limited to and determined based
on the resolution of the disputed adjustment(s) in a final, non-appealable order issued in
the appeal filed by the Company at the Railroad Commission of Texas.
In the event that the regulatory authority and Company agree to a rate adjustment(s)
that is different from the adjustment(s) requested in the Company’s filing, the Company
shall file compliance tariffs consistent with the agreement. No action on the part of the
regulatory authority shall be required to allow the rate adjustment(s) to become effective
on June 1. To the extent that the regulatory authority does not take action on the
Company's RRM filing by May 31, the rates proposed in the Company's filing shall be
deemed approved effective June 1. (2013 filing RRM rate will be effective October 15,
2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory
authority may choose to take affirmative action to approve a rate adjustment under this
tariff. In those instances where such approval cannot reasonably occur by May 31, the
rates finally approved by the regulatory authority shall be deemed effective as of June 1.
To defray the cost, if any, of regulatory authorities conducting a review of the
Company's annual RRM filing, the Company shall reimburse the regulatory authorities
on a monthly basis for their reasonable expenses incurred upon submission of invoices
Town of Trophy Club 37 of 62 June 3, 2013
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 5 OF 6
for such review. Any reimbursement contemplated hereunder shall be deemed a
reasonable and necessary operating expense of the Company in the year in which the
reimbursement is made. A regulatory authority seeking reimbursement under this
provision shall submit its request for reimbursement to the Company no later than
August 1 of the year in which the RRM filing is made and the Company shall reimburse
regulatory authorities in accordance with this provision on or before August 30 of the
year the RRM filing is made.
To the extent possible, the provisions of the Final Order shall be applied by the
regulatory authority in determining whether to approve or disapprove of Company’s
proposed rate adjustment.
This Rider RRM does not limit the legal rights and duties of a regulatory authority.
Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate
proceeding at any time to review whether rates charged are just and reasonable.
Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code,
Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider
RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities
Code, Chapters 101-105).
The annual rate adjustment process set forth in this tariff shall remain in effect during
the pendency of any Statement of Intent rate filing.
VII. Reconsideration, Appeal and Unresolved Items
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject
to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code
(Vernon 2007).
VIII. Notice
Notice of each annual RRM filing shall be provided by including the notice, in
conspicuous form, in the bill of each directly affected customer no later than forty-five
(45) days after the Company makes its annual filing pursuant to this tariff. The notice to
customers shall include the following information:
a) a description of the proposed revision of rates and schedules;
b) the effect the proposed revision of rates is expected to have on the rates
applicable to each customer class and on an average bill for each affected
customer;
Town of Trophy Club 38 of 62 June 3, 2013
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 6 OF 6
c) the service area or areas in which the proposed rates would apply;
d) the date the annual RRM filing was made with the regulatory authority; and
e) the Company’s address, telephone number and website where information
concerning the proposed rate adjustment be obtained.
Town of Trophy Club 39 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-332-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Consider and take appropriate action regarding a Resolution appointing persons to serve on the
Board of Directors of the newly created Trophy Club Crime Control and Prevention District; providing
for initial terms of office expiring on September 1, 2014 and September 1, 2015 and thereafter
providing for staggered two-year terms; designating a staff liaison; and providing an effective date.
Attachments:ccpd appt staff report.pdf
Resolution CCPD.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Resolution appointing persons to serve on the Board of
Directors of the newly created Trophy Club Crime Control and Prevention District; providing for initial
terms of office expiring on September 1, 2014 and September 1, 2015 and thereafter providing for
staggered two-year terms; designating a staff liaison; and providing an effective date.
Town of Trophy Club 40 of 62 June 3, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Chief Kniffen
CC: Mike Slye, Town Manager
Re: Town Council Meeting June 3, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action to appoint a permanent Crime Control and Prevention
District Board.
Explanation:
On May 11, 2013, the Town election resulted in the creation of a Crime Control and Prevention
District (CCPD). This election requires that the temporary CCPD Board be replaced with a
permanent CCPD Board. This board will meet in June to review the two year plan and budget.
They will then post notice of a public hearing on this budget. That public hearing must take
place by June 21st. Of the seven members of the temporary CCPD board, six members
volunteered to stay on as permanent members. A quorum of the board is four members. Since
the board must meet soon to review the plan and budget and bringing in a member who is
unfamiliar with the CCPD and the plan would delay the process, it is probably advisable to wait
until the normal time of year (August) to appoint the seventh member.
Attachments:
None
Town Council Goals:
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
Town of Trophy Club 41 of 62 June 3, 2013
Recommendation:
Management recommends the appointment of the temporary CCPD board members who wish to
continue as permanent CCPD board members. Those members are:
Adam Broyles,
Christopher Davis,
Dena Boudreau,
J.J. Isherwood,
Paul Glowacki, and
Timothy Gamache.
Town of Trophy Club 42 of 62 June 3, 2013
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-11
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS APOINTING PERSONS RESIDING WITHIN
THE TOWN TO SERVE AS DIRECTORS OF THE NEWLY CREATED
TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT
(“TCCCPD”); SETTING FORTH THE NAMES OF QUALIFIED
PERSONS APPOINTED TO THE BOARD, DESIGNATING INITIAL ONE
AND TWO YEAR TERMS OF OFFICE AND THEREAFTER
DESIGNATING TWO YEAR STAGGERED TERMS OF OFFICE FOR
ALL MEMBERS; DIRECTING MEMBERS OF THE BOARD TO DRAW
LOTS TO DETERMINE THE LENGTH OF INITIAL SERVICE ON THE
BOARD; SETTING FORTH REQUIREMENTS FOR THE MEETINGS OF
THE BOARD; APPOINTING THE TOWN MANAGER OR HIS
DESIGNEE TO SERVE AS A STAFF LIAISON TO THE BOARD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is empowered under §51.001 of the Texas Local
Government Code to adopt a resolution that is for the good government of the Town;
WHEREAS, pursuant to Section 363.052 of the Texas Local Government Code
(LGC), the Town Council took action on December 10, 2012 to appoint seven (7) people
to serve as a Temporary Board of Directors for the proposed Trophy Club Crime Control
and Prevention District formed within the boundaries of the Town of Trophy Club, Texas
(hereinafter “CCPD”), and
WHEREAS, the Temporary Board of Directors of the CCPD adopted an Order of
Election on February 20, 2013 ordering an election on May 11, 2013 and placing a
proposition on the May ballot for approval of the creation of the Trophy Club Crime
Control and Prevention District (hereinafter “TCCCPD”) and the adoption of a local
sales and use tax at a rate of one-fourth of one percent; and
WHEREAS, a majority of the voters at the May 11, 2013 election approved the
creation of the TCCCPD and associated local sales and use tax, which election results
were duly canvassed and the TCCCPD was declared created on May 20, 2013; and
WHEREAS, the Town Council is required by statute to appoint seven (7) persons
who reside in the proposed district to serve as a Board of Directors for the newly
created TCCCPD, and
WHEREAS, the Town has been advised by the current members of the
Temporary Board that six (6) of the seven (7) members of the Temporary Board desire
to serve on the Board of Directors for the newly created TCCCPD; and
Town of Trophy Club 43 of 62 June 3, 2013
WHEREAS, due to statutory deadlines for the adoption of an annual budget for
the TCCCPD, the Town Council has determined it appropriate to appoint the six (6)
members whose names are set forth below to serve on the Board of Directors of the
TCCCPD and to appoint a seventh member at a later date after applicants are solicited;
and
WHEREAS, Chapter 363 of the LGC provides that members of the Board shall
serve staggered two-year terms that expire on September 1; provided however, that
subsequent to creation of a District, the initial appointees shall draw lots to determine
the three (3) Directors who shall serve an initial term that expires September 1 of the
first year following creation of the District and the four (4) Directors who shall serve an
initial term that expires on September 1 of the second year following creation of the
District; and
WHEREAS, the Town Council finds and determines that the appointment of six
(6) qualified persons to serve on the Board of Directors for the Trophy Club Crime
Control and Prevent District serves the public health, safety and welfare.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The foregoing recitals are found to be true and correct and are
incorporated herein as if written word for word.
Section 2. The Town Council of the Town of Trophy Club, Texas does hereby
create a Board of Directors for the newly created Trophy Club Crime Control and
Prevention District who shall serve at the pleasure of the Town Council.
Section 3. At its first meeting, it shall be the duty of the TCCCPD Board as initial
appointees to the Board, to draw lots to determine the three (3) Directors who shall
serve a term expiring on September 1, 2014 and to determine the four (4) Directors who
shall serve a term expiring on September 1, 2015. Thereafter the Directors shall be
appointed for staggered two (2) year terms that expire on September 1 of the second
anniversary of their respective appointment in accordance with the Texas Local
Government Code.
Section 4. The Town Council hereby finds that the persons recommended for
appointment to the Board reside within the boundaries of the Town and hereby appoints
the follow six (6) residents of the Town to serve as the Board of Directors for the Trophy
Club Crime Control and Prevention District:
Trophy Club Crime Control and Prevention District
1. Paul Glowacki 5. Timothy Gamache
2. Dena Boudreau 6. Adam Broyles
3. Christopher Davis 7. (Vacant)
4. James Jay Isherwood
Town of Trophy Club 44 of 62 June 3, 2013
Section 5. The Town Manager or his designee shall serve as a liaison between
the Town Council and the Board (hereinafter “Staff Liaison”). The Staff Liaison shall be
the point of contact for members of the TCCCPD Board, and it shall be the responsibility
of the Staff Liaison to obtain necessary input from Town Staff and from Town Council in
order to assist the Board with the performance of its’ duties.
Section 6. All meetings of the TCCCPD Board, including meetings of any
subcommittee of the Board shall be open to the public and shall be held in accordance
with the Texas Open Meetings Act.
Section 7. The Staff Liaison shall attend all meetings of the TCCCPD Board,
shall be responsible for preparation and posting of the meeting agendas, and shall
ensure that minutes are prepared for Board’s review and action. The Staff Liaison shall
be responsible for ensuring that all clerical support for the Board is provided by Town
staff.
Section 8. This Resolution shall take effect 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 on this 3rd day of June, 2013.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Amy Piukana, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town of Trophy Club 45 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-326-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Consider and take appropriate action regarding a Consulting Agreement between the Town of Trophy
Club and Freese and Nichols, Inc. for professional services to analyze and provide conceptual and
technical improvements regarding drainage, channel improvements, erosion; and authorizing the
Mayor or her designee to execute all necessary documents.
Attachments:Staff Report FNI.pdf
FNI Contract Proposal.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Consulting Agreement between the Town of Trophy
Club and Freese and Nichols, Inc. for professional services to analyze and provide conceptual and
technical improvements regarding drainage, channel improvements, erosion; and authorizing the Mayor
or her designee to execute all necessary documents.
Town of Trophy Club 46 of 62 June 3, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Stephen Seidel, Assistant Town Manager
CC: Mike Slye, Town Manager
Re: Town Council Meeting June 3, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding a Consulting Agreement between the
Town and Freese and Nichols for professional services to analyze and provide
conceptual and technical improvements regarding drainage, channel improvements,
and erosion.
Explanation:
A small creek flows near the intersection of Highlands & Broadway within The Highlands
development that flows north towards the amenity lakes and linear trail. Staff has
worked with the developer to address some of the drainage and erosion issues, but
there are areas that need to be analyzed to develop a long term solution in order to
develop proper drainage to avoid ponding, water stagnation, and erosion along slopes.
Additionally, it would help prevent excessive soil and debris from washing onto the trail
and into the lakes. The project scope would include an assessment and survey,
hydraulic analysis, conceptual options for channel improvements, erosion prevention,
and technical evaluation.
Attachments:
Agreement for Professional Services – Freese and Nichols
Town Council Goals:
• Safe and Secure
• Financial and Operational Stewardship
• Healthy, Picturesque and Environmentally Sound
Town of Trophy Club 47 of 62 June 3, 2013
Recommendation:
Town Management recommends that the Town Council approve the professional
services contract with Freese and Nichols. Funding of the not to exceed fee of
$11,708.00 will be provided by the Storm Drainage Fund.
Town of Trophy Club 48 of 62 June 3, 2013
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Town of Trophy Club 55 of 62 June 3, 2013
Town of Trophy Club 56 of 62 June 3, 2013
Town of Trophy Club 57 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-329-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Town Manager Update; discussion of same.
- Transportation Projects Update
- Strategic Partnership Update
- June Staffing and Training
Attachments:
Action ByDate Action ResultVer.
Title
Town Manager Update; discussion of same.
- Transportation Projects Update
- Strategic Partnership Update
- June Staffing and Training
Town of Trophy Club 58 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-331-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- Byron Nelson High School Royal Awards
Attachments:
Action ByDate Action ResultVer.
Title
Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- Byron Nelson High School Royal Awards
Town of Trophy Club 59 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-330-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/28/2013 Town Council
On agenda:Final action:6/3/2013
Title:Items for Future Agendas.
Attachments:FutureAgendaItemList.pdf
Action ByDate Action ResultVer.
Title
Items for Future Agendas.
Town of Trophy Club 60 of 62 June 3, 2013
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 noise regulations for Oil and Gas
Well Drilling and Production (Rose, 4/26/10)
3. Consider and take appropriate action regarding the creation of a “Going Green”
initiative throughout the Town. (White, 2/24/2011)
4. Consider and take appropriate action regarding updates to the Sign Ordinance
(retail windows and political signs) (White and Cantrell, 5/2/2011)
5. Consider and take appropriate action regarding ball park signage. (Cantrell,
6/6/2011)
6. Consider and take appropriate action regarding Food Prep Carts for sporting
events and special events and to review/update Park Policies (Cantrell, 5/7/2012)
7. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01
“Nuisances Defined” (Schroeder, 6/21/2012)
8. Consider and take appropriate action regarding the creation of a Youth Council
within Trophy Club (White and Schroeder, 8/20/2012)
9. Consider and take appropriate action regarding reviewing the Ethics Ordinance
(White, 1/21/2013)
10. Residential Property Renewal for tax incentives and grants for the recovery and
renewal of existing residential properties (Mayer 4/22/13)
Town of Trophy Club 61 of 62 June 3, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-336-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/29/2013 Town Council
On agenda:Final action:6/3/2013
Title:Pursuant to Section 551.087(1) of the Texas Government Code, "Deliberation regarding Economic
Development Negotiations" and pursuant to Texas Tax Code Section 321.3022 "Tax Information" (i)
which provides:
Notwithstanding Chapter 551, Government Code, the governing body of a municipality or other local
governmental entity is not required to confer with one or more employees or a third party in an open
meeting to receive information or question the employees or third party regarding the information
received by the municipality or other local governmental entity under this section. Tex. Tax Code
§321.3022(i)
A. Town Council will convene into closed session regarding Economic Development Tax Finance
Information.
B. Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into
closed executive session as authorized by:
Section 551.071(2) "Consultation with Attorney" for consultation with its attorney on a matter in which
the duty of the attorney to the Governmental Body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with this Chapter.
(1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of
utility system assets and provision of
retail water and wastewater services, approval and parameters of representation, and related matters.
Attachments:
Action ByDate Action ResultVer.
Title
Pursuant to Section 551.087(1) of the Texas Government Code, "Deliberation regarding Economic
Development Negotiations" and pursuant to Texas Tax Code Section 321.3022 "Tax Information" (i)
which provides:
Notwithstanding Chapter 551, Government Code, the governing body of a municipality or other local
governmental entity is not required to confer with one or more employees or a third party in an open meeting
to receive information or question the employees or third party regarding the information received by the
municipality or other local governmental entity under this section. Tex. Tax Code §321.3022(i)
A. Town Council will convene into closed session regarding Economic Development Tax Finance Information.
B.Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed
executive session as authorized by:
Section 551.071(2) "Consultation with Attorney" for consultation with its attorney on a matter in which the duty
of the attorney to the Governmental Body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with this Chapter.
(1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility
system assets and provision of
retail water and wastewater services, approval and parameters of representation, and related matters.
Town of Trophy Club 62 of 62 June 3, 2013