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HomeMy WebLinkAboutCCpkt2017-05-30A VOUR} HOMETOWN FACI =10111 City Council Work Session Tuesday, May 30, 2017 @ 6:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on May 30, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Briefing/Discussion regarding the FY 17 and preliminary draft FY 18 Budget. (Dana Thornhill) 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 5. Adjourn. This is to certify that I, Came L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on May 26, 2017. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. * Item No. 2. City Council Agenda Staff Report Meeting Date 5/30/2017 VOMHOMET WN AGENDAITEM: Briefing/Discussion regarding the FY 17 and preliminary draft FY 18 Budget. (Dana Thornhill) SUMMARY: Staff will review the following draft budgets with the City Council: • City Council • City Manager's Office • City Secretary • Finance • General Administration STAFF RECOMMENDATION: These are preliminary draft budget proposals. Any feedback or comments are welcome, however, no action by the Council is required at this time. AGENDA Regular City Council Meeting Tuesday, May 30, 2017 @ 7:30 P M Anna City Hall, Council Chambers VOUMROMETowN 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on May 30, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body,, information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality,, and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of noncontroversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council meeting minutes for May 9, 2017. (City Secretary) b. Review minutes from the March 2, 2017 and April 6, 2017 CDC Meetings. (Jessica Perkins) c. Review minutes from the March 2, 2017 and April 6, 2017 EDC Meeting. (Jessica Perkins) d. Resolution approving a Special Event Permit and an Agreement with the Greater Anna Chamber of Commerce for the annual July 4th Fire Works Show. (Maurice Schwanke) 6. Conduct a Public Hearing and take Action on an Ordinance approving a Negotiated Settlement Between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid -Tex Division regarding the Companys 2017 Rate Review Mechanism Filings. (City Manager) 7. Consider/Discuss/Action on a Resolution approving the submission of an application for the TxDOT Green Ribbon Program. (Maurice Schwanke) 8. CLOSED SESSION (EXECEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code 6551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 9. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed sessior>—that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10. Adjourn. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on May 19, 2017 Came L. Smith, City Secretary 1. The Council may wte and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. * Item No. 5.a. City Council Agenda Staff Report Meeting Date 5/30/2017 VOMHOMETOWN AGENDAITEM: Approve Council meeting minutes for May 9, 2017. (City Secretary) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Proposed Minutes 5/19/2017 Exhibit ANNA CITY COUNCIL MINUTES WORK SESSION May 9, 2017 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Crist called the meeting to order at 6:03 PM. Council Members Pelham and Martinez were absent. 2. Briefing/Discussion regarding FY18 Preliminary General Fund Revenue Estimates. (Dana Thornhill) 3. Briefing/Discussion regarding improvements to Taylor Blvd. (Joseph Johnson) 4. Briefing/Update on the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) 5. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duly of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex Gov't Code 4551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. MOTION: Council Member Bryan moved to recess into closed session. Council CC Minutes 5-9-2017 Page 1 of 8 Member Beazley seconded. Motion carried 5-0 Mayor Crist recessed the meeting at 7:11 p.m. Mayor Crist reconvened the meeting at 7:32 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 6. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. MOTION: Council Member Bryan moved to take no action. Council Member Beazley seconded. Motion carried 5-0 7. Adjoum. MOTION: Council Member Bryan moved to adjourn. Council Member Beazley seconded. Motion carried 5-0 Mayor Crist adjourned the meeting at 7:32 p.m. CC Minutes 5-9-2017 Page 2 of 8 ANNA CITY COUNCIL MINUTES REGULAR SESSION May 9, 2017 1. Call to Order/Roll Call and Establishment of Quorum Mayor Crist called the meeting to order at 7:32 p.m. Council Members Martinez and Pelham were absent. 2. Invocation and Pledge of Allegiance. Mayor Crist led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Mayor Crist read each proclamation. a. Proclamation Recognizing National Public Works Week 2017. (Joseph Johnson) b. Proclamation Recognizing National Police Week 2017. (Chief Jenks) 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making CC Minutes 5-9-2017 Page 3 of 8 such request prior to a motion and vote on the Consent Items. Items d-h were removed from consent. a. Approve the April 25, 2017 Council meeting minutes. Items d-h were removed from consent. b. Review the Planning and Zoning Comission minutes for the April 3, 2017 meeting C. Review Quarterly Investment Report (Dana Thornhill) MOTION: Council Member Bryan moved to approve consent agenda items a-c. Council Member Miller seconded. Motion carried 5-0 d. Authorize the City Manager to solicit bids for the Natural Springs Park office, breakroom and public restroom facility building improvement project. (Maurice Schwanke) MOTION Council Member Bryan moved to approved. Mayor Crist seconded. Motion carried 5-0. e. Resolution approving a development plat of the Davis Addition. (Maurice Schwanke) RESOLUTION NO. 2017-05-315 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING DEVELOPMENT PLAT OF THE DAVIS ADDITION MOTION: Council Member Burr moved to approve. Council Member Bryan seconded. Motion carried 5-0. f. Resolution approving a final plat of NorthPointe Crossing Ph. 3. (Maurice Schwanke) RESOLUTION NO. 2017-05-316 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF NORTHPOINTE CROSSING PHASE 3. MOTION: Council Member Burr moved to approve. Council Member Beazley seconded. Motion carried 5-0. g. Resolution approving a final plat of Anna Crossing Ph. 7. (Maurice Schwanke) RESOLUTION NO. 2017-05-317 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNA CROSSING PHASE 7. MOTION: Council Member Bryan moved to approve. Council Member Beazley seconded. Motion carried 5-0. CC Minutes 5-9-2017 Page 4 of 8 h. Resolution approving a final plat of West Crossing Ph. 7. (Maurice Schwanke) RESOLUTION NO. 2017-05-318 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF WEST CROSSING PHASE 7. MOTION: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 5-0. 6. Discussion regarding the proposed annexation of approximately 466 acres of land within the J. Chalmers Survey, Abstract No. 0233 and the S. Craft Sr. Survey No. 0165. (Maurice Schwanke) Mayor Crist allowed Citizen Comments: William Morgan, 2029 Helmoken Fallas Drive, Anna, TX 75409 - In favor Michael Felini, 7985 FM 2862, Anna, TX 75409 - Opposed Michael Monin, 3613 Cockwell Dr, McKinney, TX 75070 - Opposed Jimmy Morgan, 128 Shalom Dr., Anna, TX 754049 - In favor Lou Gigliotti, 704 E. Houston St, Anna, TX 75409 - Opposed Mark Mahar, Anna, TX 75409 - Opposed Jose Vasquez, 46 Meadowcreek Dr, Melissa, TX 75454 - Opposed Rob Stone, 7170 Sterling Dr., Anna tX 75409 - Opposed Shawn Sherman, 101 Bryan St., Prosper, TX 75078 - Opposed Warren Huddleston, 14020 Falls Creek Ct., Dallas, TX 75254 - Opposed Richard Cook, 3619 Spring Run Ln., Melissa, TX 75454 - Opposed Corbett Reagan, 10205 Raspberry Rd., McKinney, TX 75070 - Opposed Christine Fritsa, 1299 Secretariat Dr., Terrell, TX 75160 - Opposed David Cavazos, Savannah, TX - Opposed Jolie Williams, 3613 Cockrill, McKinney, TX 75070 - Opposed Mackenzie Pruena, Aubrey, TX 76227 - Opposed Cynda Felini, 7985 FM 2862, Anna, TX 75409 - Opposed Alonzo Tutson, 1601 White Oak Rd., Anna, TX 75409 - spoke about the City's public safety services used in Westminister Mitzi Stephens, 1604 Oak Circle, Anna, TX 75409 - Opposed 7. Conduct a public hearing and take action on an Ordinance changing the zoning district designation from Planned Development (PD) 323-2007 to Planned Development (PD) for business park uses, on an 85.571 acre tract of land located in the D.E.W. Babb Survey, Abstract 33 and located at the northeast corner of SH 5 and the Collin County Outer Loop, requested by the Anna Community Development Corporation. (Maurice Schwanke) Mayor Crist opened the public hearing at 9:12 p.m. No comments. Mayor Crist closed the public hearing at 9:13 p.m. CC Minutes 5-9-2017 Page 5 of 8 ORDINANCE NO.743-2017 ANNA BUSINESS PARK "Planned Development- ("PD") Northeast corner of Highway 5 and Collin County Outer Loop AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTYAS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITYCLAUSES; PROVIDING FORAN EFFECTIVE DATE; PROVIDING FORA PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTYAMOUNT ALLOWED BYLAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Beazley moved to approved. Council Member Burr seconded. Motion carried 5-0. 8. Consider/Discuss/Action regarding a Resolution approving a preliminary plat of the Anna Business Park. (Maurice Schwanke) RESOLUTION NO. 2017-05-319 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELI MI NARY PLAT OF ANNA BUSI NESS PARK. MOTION: Council Member Beazley moved to approve. Mayor Crist seconded. Motion carried 5-0. 9. Consider/Discuss/Action on an Ordinance amending the FY 2017 annual budgets for the Community Development Corporation and the Economic Development Corporation. (Jessica Perkins) ORDINANCE NO. 744-2017 AN ORDINANCE AMENDING ORDINANCE NO. 729-2016 ADOPTING THE BUDGET FOR THE 2016-2017 FISCAL YEAR; PROVIDING FOR SAVI NGS, SEVERABI LITY, AND REPEALI NG CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Miller moved to approve. Council Member Bryan seconded. Motion carried 5-0. 10. Consider/Discuss/Action regarding a Council committee to review appointments to the Charter Review Commission. (Mayor Crist) MOTION: Mayor Crist moved to appoint Lee Miller, Nathan Bryan and Justin Burr to the committee. Council Member Beazley seconded. Motion carried 5-0. CC Minutes 5-9-2017 Page 6 of 8 11. CLOSED SESSION (EXECEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071 b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. MOTION: Council Member Bryan moved to recess into closed session. Council Member Miller seconded. Motion carried 5-0. Mayor Crist recessed the meeting at 9:38 p.m. Mayor Crist reconvened the meeting at 10:29 p.m. 12. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary MOTION: Council Member Bryan moved to take no action. Council Member Beazley seconded. Motion carried 5-0. 13. Adjourn. MOTION: Council Member Beazley moved to adjourn. Council Member Bryan seconded. Motion carried 5-0. Mayor Crist adjourned the meeting at 10:30 p.m. CC Minutes 5-9-2017 Page 7 of 8 Approved on the May 23, 2017. Mayor Mike Crist ATTEST: City Secretary Carrie L. Smith CC Minutes 5-9-2017 Page 8 of 8 Item No. 5.b. City Council Agenda Staff Report Meeting Date: 5/30/2017 YOUR} HOMETOWN AGENDA ITEM: Review minutes from the March 2, 2017 and April 6, 2017 CDC Meetings. (Jessica Perkins) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type March 2017 CDC Minutes 5/10/2017 Backup Material April 2017 CDC Minutes 5/10/2017 Backup Material DEVELOPMENT CORPORATION ANNA COMMUNITY DEVELOPMENT CORPORATION MINUTES March 2, 2017 The Community Development Corporation of the City of Anna met on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Alonzo Tutson, Vice -President, called the meeting to order at 5:06 pm. After roll call and the declaration that a quorum was present, the floor was open for business. Directors in -attendance: Alonzo Tutson, Brent Thomas, Doug Hermann Connie Stump, Anthony Richardson and James Gurski Directors in Abstention: Nate Pike Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards; Jessica Perkins Chief Administrative Officer; and Lauretta Blacketer, secretary. 2. Invocation and Pledge Invocation given by Brent Thomas and Pledge lead by Alonzo Tutson 3. Consider/Discuss/Action regarding accepting John Houcek's resignation from the board. Connie Stump made a motion to accept the resignation motion second by Brent Thomas. Motion passed all. 4. Consider/Discuss/Action regarding electing a president for the Anna Community Development Corporation Connie Stump nominated Nate Pike for President Alonzo Tutson second the nomination. Motion passed all. Nate Pike is the new CDC President 5. ConsiderlDiscusslAction regarding accepting Sherilyn Godfrey's resignation as secretary. Doug Hermann made a motion to accept Sherilyn Godfrey's resignation. Anthony Richardson seconded the motion. Motion passed all. 6. Consider/Discuss/Action electinglappointing a new secretary for the Anna Community Development Corporation. Connie Stump made a motion to appoint Lauretta Blacketter to the position of volunteer secretary. James Gurski seconded the motion. Motion passed all. 7. Closed Session (exceptions) — skipped. 8. Consider/Discuss/Action regarding approving the language for the Planned Development for the Anna Business Park. Motion made by Anthony Richardson to approve the language for the planned Development for the Anna Business Park 2"d by James Gurski. Motion passed all. 9. Consider/Discuss/Action reviewing and approving the preliminary plat for the Anna Business Park. Motion made by Brent Thomas to approve the preliminary plat. The motion was seconded by Connie Stump. Motion passed all. 10. Consider/Discuss/Action regarding approving a resolution authorizing the expenditure of funds to install two (2) signs on the Anna Business Park property to promote the park site as well as offer contact information. Motion to table made by Brent Thomas. Motion was seconded by Anthony Richardson. Motion passed all. 11. Consider/Discuss/Action approving minutes from February 2, 2017. Motion by Connie Stump to approve minutes. Motion was seconded Doug Herman. Motion passed. James Gurski and Anthony Richardson abstained. 12. Adjourn. Motion to Adjourn was made by Doug Herman. Motion was seconded by Anthony Richardson, in favor. Motioned passed all. Adjourned at 5:40pm. Nathan Pike, CDC President 4Lureft�-a Blacketer, CDC Secretary JL MINUTES OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, April 6, 2017 COMMUNITY DEVELOPMENT CORPORATION The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:001 p.m., on Thursday, April 6, 2017 at the Anna City Hall Administration Building, 111 North Powell Parkway (Navy. 5), Anna, Texas. 1. Call to Order, Roll Call and Establishment of Quorum. Nate Pike, President, called the meeting to order at 5:00 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, Anthony Richardson, .games Gurski, and Nate Bike. Directors in Abstention: Doug Hermann was absent A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica Perkins Chief Administrative Officer. 2. Invocation and Pledge. Nate Pike gave the invocation and led the group in the Pledge of Allegiance. 3. Consider/Discuss/Action regarding approving a resolution authorizing the submittal and expenditure of funds for a zoning change application for the Anna Business Park. Brent Thomas made a motion to approve a resolution seconded by James Gurski. Motion passed 'ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agcnda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda- whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-06-2017 Regular CDC Minutes.doc 4. Consider/Discuss/Action regarding approving a resolution authorizing submittal and expenditure of funds for a plat application for the preliminary plat for the Anna Business Park. Anthony Richardson made a motion to approve a fee of $340.00 seconded by Alonzo Tutson. Motion passed 6. Consider/Discuss/Action approving a resolution authorizing the creation of CCR's (Covenants, Conditions, and Restrictions) for the Anna Business Park. Connie Stump made a motion to approve seconded by Alonzo Tutson. Motion Passed. 6. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §661.072). b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §551.087); discuss business park property. Skipped 7. Consider/Discuss/Action approving a resolution authorizing a current fiscal year (2016-2017) budget amendment Nate Pike made a motion to approve a resolution seconded by Brent Thomas Motion Passed. 8. Consider/Discuss/Action approving a resolution authorizing the expenditure of funds for a commercial for sale/advertising sign for the Anna Business Park property. Brent Thomas moved to table Item #8 James Gurski seconded the motion. Motion passed. 9. Consider/Discuss/Action regarding minutes from March 2, 2017. Brent Thomas made a motion to accept the minutes as written. Alonzo Tutson seconded the motion. Motion passed. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-06-2017 Regular CDC Minutes.doc 10. Adjourn. Alonzo Tutson made a motion to adjourn the meeting. Connie Stump seconded the motion and the meeting adjourned at 6.01 p.m. APPROVED: Bate Pike President of CDC ATTESTED: ZZ Lau etta Biacketer Secretary of CDC IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-06-2017 Regular CDC Minutes.doc Item No. 5.c. City Council Agenda Staff Report Meeting Date: 5/30/2017 YOUR} HOMETOWN AGENDA ITEM: Review minutes from the March 2, 2017 and April 6, 2017 EDC Meeting. (Jessica Perkins) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type March 2017 EDC Minutes 5/10/2017 Backup Material April 2017 EDC Minutes 5/10/2017 Backup Material ANNA ECONOMIC DEVELOPMENT CORPORATION MINUTES March 2, 2017 The Economic Development Corporation of the City of Anna met on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Connie Stump, President, called the meeting to order at 5:42p.m. After roll call and the declaration that a quorum was present, the floor was open for business. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, Anthony Richardson, and James Gurski Directors in Abstention: John Houcek (resigned) and Michael Williams (resigned) and Nate Pike. Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards; Jessica Perkins, Chief Administrative Officer; and Lauretta Blacketer, secretary 2. Consider/Discuss/Action regarding accepting John Houcek's resignation from the board. Brent Thomas made a motion to accept the resignation of John Houcek. Doug Hermann seconded the motion. Motion passed all. 3. Consider/Discuss/Action regarding accepting Sherilyn Godfrey's resignation as secretary. Alonzo Tutson made a motion to accept the resignation of Sherilyn Godfrey and Brent Thomas 2"d the motion. Motion passed all. 4. Consider/Discuss/Action electing/appointing a new secretary for the Anna Economic Development Corporation. Brent Thomas made a motion to appoint Lauretta Blacketer as the new secretary 2"d by Alonzo Tutson. Motion passed all. 5. ConsiderlDiscusslAction approving a resolution authorizing representatives from the EDC and the city to attend the annual ICSC RECon Conference from May 21-24, 2017 at the Las Vegas convention center. Anthony Richardson made a motion to approve the resolution authorizing travel expenses for the ICSC conference. James Gurski seconded the motion. Motion passed all. 6. Consider/Discuss/Action adopting a resolution approving a lease agreement with Lisa Biddle Realty Group, LLC, for property at 312 North Powell Parkway. Alonzo Tutson made a motion to approve the resolution authorizing the lease agreement and 2Id by Doug Hermann. Motion passed all. 7. Consider/Discuss/Action adopting a resolution authorizing the expenditure of funds to erect a monument sign at 312 North Powell Parkway. Alonzo Tutson made a motion to approve the resolution authorizing the expenditure of funds for a monument sign. Resolution states not to exceed $10,000.00. The motion was seconded by Anthony Richardson. Motion passed. Doug Hermann abstained. 8. Closed Session (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) b. Consult with legal counsel on matters 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 Chapter 551 of the Government Code (Tex. Gov't Code §551.071); c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss property located at 312 North Powell Parkway. SKIPPED 9. Consider/DiscussfAction approving minutes from February 2, 2017. Brent Thomas made a motion to approve the minutes as written. Alonzo Tutson seconded the motion. Motion passed all. 10. Adjourn. Doug Hermann made a motion to adjourn and 2nd by AlonzoTutson. Motion passed and meef g w adjoumed.at 2 pm � Constance Stump, EDC. President _ 4Latta Blacketer, EDC Secretary MINUTES OF THE = ANNA ECONOMIC DEVELOPMENT CORPORATION ECONOMIC DEVELOPMENT Thursday, April 6, 2017 CORPORATION The Anna Economic Development Corporation ("EDC") of the City of Anna met at 6:02 p.m.', on Thursday, April 6, 2017, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. Call to Order, (toll Call and Establishment of Quorum. Connie Stump, President, called the meeting to order at 6:02 p.m. After roll call and a declaration that a quorum was present, the floor was open for business. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, Nate Pike, Anthony Richardson, and James Gurski. Directors in Abstention: Doug Hermann Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards; Jessica Perkins, Chief Administrative Off leer-, and Lauretta Blacketer, secretary. 2. Consider/Discuss/Action approving a resolution authorizing a budget amendment for the current (2016- 2017) fiscal year. Nate Pike made motion to approve the proposed amended budget with minor line item changes. Brent Thomas seconded the motion. Motion passed all. 3. Cons iderlDiscusslAction adopting the minutes from March 2, 2017. Brent Thomas made a motion to adopt the minutes as written. Anthony Richardson seconded the motion. Motion passed all. 9. Adjourn. Nate Pike made a motion to adjourn the meeting. Alonzo Tutson seconded the motion and the meeting adjourned at 6:18 p.m. [Type text] NOTICE REGARDING MEETING TIME. In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-06-2017 Reg EDC Meeting — Page 1 APPROVED: Constance Ann Stump President of EDC ATTESTED: i La re at Blackete Secretary of EDC ' NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can he made. 04-06-2017 Reg EDC Meeting -- Page 2 A Item No. 5.d. City Council Agenda Staff Report Meeting Date: 5/30/2017 AGENDA ITEM: Resolution approving a Special Event Permit and an Agreement with the Greater Anna Chamber of Commerce for the annual J my 4th Fire Works Show. (Maurice Schwanke) �YIJJi1JID_1Xg The City has received a Special Event Permit application from the Greater Anna Chamber of Commerce (GACC) for the annual 4th of July fireworks display to be held at the Anna ISD football stadium located at 1201 North Powell Pkwy behind the Anna Middle School. GACC is working with the Anna Fire Department and Anna Police Department on a traffic control plan, and other measures to provide public safety during this event. The fireworks display will be provided by the same company that the Chamber has used in prior years. Insurance certificates from the GACC and the firework company will be provided to the City. Several food vendors and a trinket vendor will be present at the event. The Parks Advisory Board reviewed this application during their meeting on May 15, 2017 and is recommending that the City Council approve the Special Event Permit and Agreement for this event. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution approving the Special Event Permit and Agreement. ATTACHMENTS: Description Special Event Permit Resolution Exhibit 1, Special Event Agreement Special Event Permit Application Location Map Upload Date Type 5/18/2017 Resolution 5/17/2017 Exhibit 5/17/2017 Backup Material 5/17/2017 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA CHAMBER OF COMMERCE FOR THE 2017 41" of JULY FIREWORK DISPLAY WHEREAS, the Greater Anna Chamber of Commerce the "GACC") has submitted a Special Event Permit application to conduct a 4T of July Fireworks Display on Tuesday, July 4th; and WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City shall enter into a Special Event Agreement (the "Agreement) incorporating the terms and conditions of a Special Event Permit; and WHEREAS, the City of Anna Parks Advisory Board has reviewed the application and is recommending that the City Council of the City of Anna, Texas (the "City Council") approve the Special Event Permit; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit application for the 2017 4t" of July Fireworks Display and the Special Event Agreement attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the City Manager to execute same on its behalf. The City Manager is further authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 23rd, day of May, 2017. ATTEST: APPROVED: City Secretary, Carrie L Smith Mayor, Mike Crist AGREEMENT This Agreement (the "Agreement") is made by and between the City of Anna, Texas ("City"), and the Greater Anna Chamber of Commerce ("GACC") and is entered into on this 23d day of May, 2017. Section 1. Summary A Fireworks Display to be held inside the City's corporate limits at the Anna High School Football Field on July 4'h, 2017, in accordance with the provisions of this Agreement. Section 2. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: City shall mean the City of Anna, Texas. GACC shall mean the Greater Anna Chamber of Commerce, Incorporated. Fireworks Display shall mean a pyrotechnics display —properly and timely permitted by the Fire Marshal under The Anna City Code Part II, Article 21, Section 4.04 (or other applicable provisions) —to be held inside the City's corporate limits on July 4, 2017 for the purpose of public entertainment and for the purposes stated in the resolution adopted by the City approving of this Agreement. Section 3. General Requirements The Fireworks Display must be held within the City's corporate limits at a location approved by the Fire Marshal. The Fireworks Display must be open to the public without any charge. In written advertisements publicizing the Fireworks Display, the GACC will include the following language: "This Fireworks Display is specially permitted under the Anna City Code Part II, Article 21, Section 4.04. Possession of or use of fireworks within City limits and within 5,000 feet of City limits without a written permit granted by the Fire Marshal is a violation of law carrying fines for violations of up to $2,000." Section 4. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the Fireworks Display and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Fireworks Display. Section 5. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking, promoting, operating, and performance of any other activity related to the Fireworks Display including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to conduct the Fireworks Display. There shall be no joint control over the Fireworks Display. The GACC agrees to fully defend, indemnify and hold harmless the City from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Fireworks Display. The indemnification includes, but is not limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. It is expressly understood and agreed that any participation in the presentation of or conducting of the Fireworks Display by any City Official or City employee is not authorized by the City and shall not be authorized by the City, unless such authorization is by written agreement, duly adopted by the City. THE GACC's DUTIES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY EXPRESSLY APPLY EVEN IF A CLAIM, PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR GROWING OUT OF, OR ASSOCIATED IN ANY WAY WITH THE FIREWORKS DISPLAY IS CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY CITY OFFICIAL OR EMPLOYEE. THE OBLIGATIONS UNDER THIS SECTION 5 OF THIS AGREEMENT SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. Section 6. Insurance GACC shall procure and maintain for the duration of the contract insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the presentation of or conducting of the Fireworks Display or in any way related to the GACC's undertakings performed in connection with the Fireworks Display, including but not limited to coverage for GACC, its agents, representatives, employees, subcontractors, volunteers, and other participants. The form, coverage and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the City and the Fire Marshal but regardless of such acceptance it shall be the responsibility of the GACC to maintain adequate insurance coverage at all times, and to require that each contractor, vendor, or other participant in the Fireworks Display does likewise. Failure of the GACC to maintain adequate coverage shall not relieve the GACC of any contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the City. A copy of each policy, or at the City's discretion, a certificate of insurance, shall be filed by GACC with the City Secretary. Proof of adequate coverage must be provided to the City as soon as practicable after this Agreement becomes effective, and GACC is encouraged to discuss the limits and types of coverage that will be acceptable to the City and Fire Marshal before submitting such proof to the City to reduce the potential that the City or Fire Marshal rejects same as insufficient. Section 7. Amendment This Agreement may not be amended except pursuant to a written instrument signed by both parties. Section 8. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna Philip Sanders, City Manager City of Anna 111 N. Powell Parkway Anna, Texas 75409 GACC Kevin Hall, Executive Director 218 W Fourth Street Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. Section 9. No Waiver of Immunity; No Third -Party Beneficiaries Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this Agreement are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 10. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral with respect to the Fireworks Display. Section 11. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas. Section 12. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 13. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Section 14. Force Majeure If a party is prevented or delayed from performing any of its obligation hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 15. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the City. Section 16. Effective Date This Agreement shall be effective performance of such Agreement shall as specified herein. SIGNATURES: Greater Anna Chamber of Commerce, Incorporated Executive Director upon the date first stated herein, and begin as soon thereafter as practicable, or City of Anna, Texas Philip Sanders, City Manager SPECIAL EVENT PERMIT APPLICATION Planning and Development Dept. 3223 N. Powell Pkwy Anna, TX 75409 972-924-2616 Type of Event: ❑Carnival ❑Circus ❑Festival ❑Parade ❑Tent Other Applicant Name: G, 9 FA 7W AviVA C,+LAI^,� of Z-ol-.�fkcF Address: a- I B w V TY YTP—bt T S yTr-f C city: ftNNh State: r)- Zip Code:7S y o 9 Phone#: — y Email: K£vgv e 4U4 Date: 3 09 a v) j *Note: Applications must be filed at least 30 days in advance. APPLIC-MON1 DEPOSIT Application Fee $50 non-refundable Deposit $300 refundable 62'Same Information As Above if not the same, complete the next two lines Issue Deposit Refund To: Address: City: State: Zip Code Date(s) of Activity: -T W El12A yt y T, D017 Reservation Time Block: Type of Activity (explain purpose of activity): FT t c '--vxX j 02— 4,9-0 Estimated Number of People Attending Activity: v t, Reservation Location: 4~ -i- S o FvoTB/f Z k f %q o ra,., Will Food and/or Beverages be on -site for the activity? Gk Yes ❑ No Will Alcohol be served or sold? ❑ Yes o if yes, include request letter If yes, please indicate who the vendors are (food and drinks): 1 .B D Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.): *If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the event sponsor. undersigned, its officers, employees or agents, arising out of, resulting from, or caused by any act occurring as a result of the exercise of the privileges granted by this permit. Applicant agrees that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall; notwithstanding, continue in full legal force and effect. I do solemnly swear (or affirm) that all the answers given and statements made on this application and supporting documents are full, true, and correct to the best of my knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part 11, m Article 47 and have read/the provisions ]coontained therein and agree to abide by them. Applicant Name: I` F, yy� I' � t �1 4 f/ fq Signature: Date: D 3 0�/�,17 Submittal Requirements: N m 1. Completed application with signatures and contact information. 2 2. Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008; Checks payable to the City c of Anna) w 3. Map of Event area. 4. List of food and beverage vendors and/or copy of current license from vendor. E 5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate of Insurance is due a minimum of one week before event start date) 6. Letter of request if alcohol is desired. For Office Use Only: Date Application & Deposit Received $300 : Date Application Fee Received $50 : Received By: Received By: Cash or Check # Cash or Check # Receipt #: Receipt #: Required Documents Rec'd: ❑ Completed Application ❑ Insurance ❑ Food Vendor List ❑ Sound System ❑ Map ❑ Alcohol Request (optional) ❑ Other: ❑ Other: ❑ Approved by: ❑Permit Issued Date: Assign Date of Parks Board Review of Application: (put date in blank and notify Applicant. 07.04.17 Anna Siteplan F I R F N 0R k 5 lAG Medium PYROTECHNICS • FLAMES* LASERS • FIREWORKS • CONFETTI • FOG 1605 Crescent Circle. Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 1 Fax:972-24.5-7977 1 IIWminationFireworkacom i Item No. 6. City Council Agenda Staff Report Meeting Date: 5/30/2017 YOUR} HOMETOWN AGENDA ITEM: Conduct a Public Hearing and take Action on an Ordinance approving a Negotiated Settlement Between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid -Tex Division regarding the Company's 2017 Rate Review Mechanism Filings. (City Manager) SUMMARY: The City of Anna, along with other similarly situated cities served by Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an alternative to the Gas Reliability Infrastructure Program ("GRIP"), the statutory provision that allows Atmos to bypass the City's rate regulatory authority to increase its rates annually to recover capital investments. The RRM Tariff has been modified several times, most recently in 2013. The 2017 RRM filing is the fifth RRM filing under the renewed RRM Tariff. On March 1, 2017, Atmos made a filing requesting $57.4 million additional revenues on a system -wide basis. Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the Company requesting $46.4 million from other municipalities. Environs customers (ratepayers outside municipal limits) remain under the Railroad Commission's exclusive original jurisdiction and have their rates set through the GRI P process. If the Company had used the GRIP process rather than the RRM process it would receive a $52.4 million increase, or about $4.4 million more than will be approved by the Ordinance. ACSC and the Company have reached an agreement, reflected in the Ordinance, to reduce the Company's request by $9.4 million, such that the Ordinance approving new rates reflects an increase of $48 million on a system -wide basis, or $38.8 million for Mid -Tex Cities, exclusive of the City of Dallas. The tariffs attached to the Ordinance approve rates that will increase the Company's revenues by $38.8 million for the Mid -Tex Rate Division, effective for bills rendered on or after June 1, 2017. The monthly residential customer charge will be $19.60. The consumption charge will be $0.14 per Ccf. The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an increase of $2.04, or about 3.87%. The typical commercial customer will see an increase of $6.27, or 2.37%. Attached to this Staff Report is a summary of the impact of new rates on the average bills of all customer classes The ACSC Executive Committee and its designated legal counsel and consultants recommend that all Cities adopt the Ordinance with its attachments approving the negotiated rate settlement resolving the 2017 RRM filing, and implementing the rate change. Explanation of "Be It Ordained" Sections: 1. This section approves all findings in the Ordinance. 2. This section finds the settled amount of $48 million on a system -wide basis to be a comprehensive settlement of gas utility rate issues arising from Atmos Mid-Tex's 2017 RRM filing, and that such settlement is in the public interest and is consistent with the City's statutory authority. 3. This section finds the existing Atmos Mid -Tex rates to be unreasonable, and approves the new tariffed rates providing for additional revenues over currently -billed rates of $48 million on a system -wide basis and adopts the attached new rate tariffs (Attachment A). 4. This section establishes the baseline for pensions and other post -employment benefits for future rate cases (Attachment C). 5. This section requires the Company to reimburse Cities for reasonable ratemaking costs associated with reviewing and processing the RRM filing. 6. This section requires a rate reconciliation in the event that federal income tax rates change. 7. This section requires renegotiation of current RRM terms and conditions this Summer and if new terms and conditions are not agreed to by both parties, the RRM process will be terminated and Cities will be encouraged to pass show cause resolutions to trigger a traditional rate case at the Railroad Commission. 8. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 9. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 10. 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. 11. This section provides for an effective date upon passage which, according to the Cities' ordinance that adopted the RRM process, is June 1, 2017. 12. 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. STAFF RECOMMENDATION: Staff recommends approval of the attached settlement agreement and Ordinance. ATTACHMENTS: Description Upload Date Type Ordinance adopting Settlement Agreement 5/18/2017 Ordinance Ordinance Attachments A, B, & C 5/18/2017 Exhibit Rate Impact Summary 5/18/2017 Backup Material ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2017 RATE REVIEW MECHANISM FILINGS; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING RECONCILIATION AND RATE ADJUSTMENTS IF FEDERAL INCOME TAX RATES CHANGE; TERMINATING THE RRM PROCESS FOR 2018 PENDING RENEGOTIATION OF RRM TERMS AND CONDITIONS; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of Anna, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by 1 the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division; and WHEREAS, on March 1, 2017, Atmos Mid -Tex filed its 2017 RRM rate request with ACSC Cities; and WHEREAS, ACSC coordinated its review of the Atmos Mid -Tex 2017 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $48 million on a system -wide basis; and WHEREAS, the attached tariffs implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; WHEREAS, the Company and ACSC have agreed that rates should be adjusted if any change in federal income tax rates is implemented during the period that rates approved herein remain in place; and WHEREAS, because ACSC believes that certain provisions of the current terms and conditions of the RRM tariff are inconsistent with market conditions, the City expects renegotiation of the current RRM tariff in the Summer of 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds that the settled amount of an increase in revenues of $48 million on a system -wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid-Tex's 2017 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment A, are just and reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $48 million in revenue over the amount allowed under currently approved rates, as shown in the Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are hereby adopted. Section 4. That the ratemaking treatment for pensions and other post -employment benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Attachment C, attached hereto and incorporated herein. Section 5. Consistent with Texas Utilities Code Section 104.055(c), Atmos Energy's recovery of federal income tax expense through the Rider RRM has been computed using the statutory income tax rate. In the event that a change in the statutory income tax rate is implemented during the Rider RRM Rate Effective Date, Atmos Energy shall reconcile the difference between the amount of federal income tax expense included in the Rider RRM calculation for the Rate Effective Date with the amount of federal income tax expense authorized under the new statutory income tax rate. The reconciliation period shall be from the date on which any new statutory income tax rate is implemented through the Rate Effective Date. An 3 interest component calculated at the customer deposit interest rate then in effect as approved by the Railroad Commission of Texas shall be applied to the federal income tax expense reconciliation. Further, any required reconciliation of federal income tax expense shall be included as part of Atmos Mid-Tex's next annual RRM filing and shall be returned to or recovered from customers as a one-time credit or surcharge to the customer's bill. Section 6. The City requires renegotiation of RRM tariff terms and conditions during the Summer of 20017. If an agreed renegotiated RRM tariff cannot be achieved, the City will terminate the RRM process and consider initiation of a traditional rate case to reduce the Company's authorized return on equity. Section 7. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2017 RRM filing. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 9. 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 10. 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 11. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after June 1, 2017. 2 Section 12. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this 23rd day of May, 2017. ATTEST: City Secretary Mayor APPROVED AS TO FORM: City Attorney k, MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I R —RESIDENTIAL SALES Attachment A RRC Tariff No: APPLICABLE TOALL I: I DALLAS AND UNSNCORPORATED CUSTOMERAREIN THE MID-TEX AS DIVISION EXCEPT THE CITY OF EFFECTIVE DATE: I Bills Rendered on or after 06/01/2017 1 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 19.60 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 19.62 per month Commodity Charge — All Ccf $0.14427 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2016. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C — COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 44.70 per month Rider CEE Surcharge $ 0.08 per month' Total Customer Charge $ 44.78 per month Commodity Charge — All Ccf $ 0.09279 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2016. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF APPLICABLE TO: DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 799.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.3374 per MMBtu Next 3,500 MMBtu $ 0.2470 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0530 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. MID-TEX DIVISION ATMOS ENERGY CORPORATION Attachment A RRC Tariff No: RATE SCHEDULE: I — INDUSTRIAL SALES ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF APPLICABLE TO: DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 799.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.3374 per MMBtu Next 3,500 MMBtu $ 0.2470 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0530 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA — WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2017 PAGE: Provisions for Adiustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one -hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAFi x q;j Where q;j is the relevant sales quantity for the jth customer in ith rate schedule. Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA — WEATHER NORMALIZATION ADJUSTMENT ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF APPLICABLE TO: DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2017 PAGE: Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.79 0.1347 93.16 0.6060 Austin 10.37 0.1483 190.68 0.9069 Dallas 13.36 0.2089 180.35 1.0191 Waco 9.64 0.1348 124.37 0.5791 Wichita 11.20 0.1412 107.96 0.5571 Falls Weather Normalization Adiustment (WNA) Report On or before June 1 of each year, the Company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the Company calculated its WNAs factor during the preceding winter season. 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Q. V //�U((%�� LL a) Q CL Q. V (c) Q Q. fl. /�(.i��/� LJ_. O Q !0_ Q /()� LJ.. Co .may CO- v O � � L CO L F— ��/� L� p L CO L r iM V /�/� O L v/ L F- ��/1 p vJ L f , tq fn fn In C C C O O O a .� 0 to w U) C C C O O O ,-� fn fn N U) C C C O O �-. w w to w C C C O O a C O O O �UUUUC� C� tY C O O O UUUUtYIY �UUUUtY C 0 0 0 IY O O O O UUUUtY CO ti M CA O �- N M d' LO M M M M 't d' 't 't d' d' CO I` M O O r- N M "t M CO t` 't 't 't d' LO LO LO LO U') Ln U) Ln M O O r- N M d' Lo CO I` M O O r- N M d' U) Ltd Ln CO CO CO 0 CO CO co 0 O O I` I- I- rl_ t` h i Item No. 7. City Council Agenda Staff Report Meeting Date: 5/30/2017 YOUR} HOMETOWN AGENDA ITEM: Consider/Discuss/Action on a Resolution approving the submission of an application for the TxDOT Green Ribbon Program. (Maurice Schwanke) SUMMARY: In December last year Staff met with Mr. Steven Copely with the TxDOT Dallas District office to discuss funding opportunities through the TxDOT green ribbon program fund. The TxDOT green ribbon program is a cooperative (city/TxDOT) program that funds landscape improvements along TxDOT roadways. The primary goal of the program is to establish a higher level of visual appeal along the State highway corridors through landscape improvements. The program operates on the premise that TxDOT will fund certain landscape enhancements through an Agreement with a sponsoring local government to maintain the landscape enhancements upon completion. Cities are allowed to include limited monument signage as part of the enhancements, however, any monumentation would be funded by the city. Participation in this program would assist the City with "Improving the Curb/Aesthetic Appeal of our Community", one of our Strategic Goals. Several current and future roadway construction projects will be eligible for landscape enhancements funded through the green ribbon program including the new FM 455 median, and areas around the new bridges/interchanges at US 75 and the Collin County Outer Loop, FM 455, future Rosemond Parkway, and CR 371 (Mantua) On March 14, 2017 the City Council approved a Professional Services Agreement with Pacheco Koch for landscape architecture services to assist the City in developing a schematic design for Green Ribbon projects along FM 455 and US 75. An internal staff level review team was formed to work with Parcheco Koch on development of the Green Ribbon design proposal. The submittal deadline for the Green Ribbon program is June 5, 2017. The attached plans illustrate the design proposal that will acompany the City's application. Based on the recommendation from the TxDOT Green Ribbon program manager, the FM 455 medain project, along with future Green Ribbon projects at the interchanges on U.S. 75, are being be submitted all together. This will help the TxDOT Green Ribbon Program staff provide appropriate irrigation and electrical sleeves as construction proceeds forward in phases. If approved, Green ribbon funds for the FM 455 median projects will be available in the 2018 fiscal year. Green ribbon funds coould be available for areas around the new bridges and interchanges on US 75 when the US 75 reconstruction project is complete. If fuding for the FM 455 Green Ribbon Project is approved, the City will be responsible for developing construction plans for the project which will be approximately $65,000 to $70,000. After a one year period following completion of the project the City will be responsible for maintenance in perpetuity. The landscape design proposed with this application will require minimal on -going maintenance by the City. STAFF RECOMMENDATION: Staff recommends approval of this Resolution. ATTACHMENTS: Description Exhibit 1, Green Ribbon Application Presentation Upload Date Type 5/8/2017 Exhibit Resolution 5/23/2017 Resolution Nu CITY OF ANNA, TEXAS ANNA GREEN RIBBON FWY 75 & FM 455 8 4. r! UO I• I �j 71 L_ LEGEND ------- CITY LIMITS PRIMARY SECONDARY II � I• I I I 1 I rr s� �ELARGE MENT At I MAJOR TfIOROLIGHFARE ENHANC MENT AMP r POWELL PKWY .-7 L= ' _-_- ---- R y' I F ANNA. - ENLARGEMENT B HARDSCAPE ■ COLORED CONCRETE • CONCRETE PAVERS ■ COBBLE J/ ANNA GREEN RIBBON: White Road Median I Materials BARK MULCHES DECOMPOSED GRANITE EDGES CONCRETE CITY OF ANNA, TEXAS END NOSING 3' IRRIGATION MAIN ZONE < 20' > 7' STREET TREE ZONE - FUTURE CURS A ANNA GREEN RIBBON: White Road Median I Future Lane TURN LANE NOSING Ed FUTURE LANE IL CITY OF ANNA, TEXAS �� - 1, .I • � - a� .. ,•. + `Y + ` F � \ r AV r. 4r. IL I r J/ ANNA GREEN RIBBON: White Road Median // I♦ too F- M.4 N A 0 50 100 200(ft) i CITY OF ANNA, TEXAS PURPLE CONCRETE LILLA MEXICAN PAVERS BOULDER WINTERCREEPER MOW CURB LIVE OAK SMOKE BUSH FEATHERCRASS SUMAC COBBLES A ANNA GREEN RIBBON: White Road Median Live Oak Y i i Sumac Lilla Smoke Bush e SS s, n ve i r7•� FF Purple Mexican Wintercreeper Feathergrass Boulder Cobbles L_L� Concrete Pavers Concrete Curb UP Nt� 1f� ' M.. s r •IV a 4L J/ ANNA GREEN RIBBON: White Road Median [*A li N 0 50 100 200(ft) CITY OF ANNA, TEXAS PURPLE CONCRETE PAVERS BOULDER WINTERCREEPER MOW CURB LIVE OAK r; � yr �; �.{ %�''�; ;'��t+�f, -y •4. J.A4,~+.'�*'r�,"4 -1iJ .:a.'•� �+r. -+tea`. i l i 3 l J� ..r i '� i T,s4di, e �,�� �����-gtye: .y_ •� i71j� i4• 4 '� � �^ / � i! a `tea i. i f *� s � w .I •� r 17 � � • �} � � �1 ANNA GREEN RIBBON: White Road Median LILLA MEXICAN SMOKE BUSH FEATHERGRASS SUMAC COBBLES E Sumac Live Oak Lilla Smoke Bush d r Purple Mexican Wintercreeper Feathergrass i Boulder Cobbles w r Concrete Pavers Concrete Curb Item Arch, Est No. Quantity Unit Description SITE CLEARING AND PREPARATION; 1 16,500 SF SOD REMOVAL & PALLET 2 1,375 SF 7" DEPTH REMOVAL FOR NOSE PAVING 3 10 LF INLET PROTECTION TOPSOIL CREATION 4 70 CY STEP 3 - 2" COMPOSTTILLED INTO EXISTING 6" SOIL FOR ALL PLANTER BEDS HARDSCAPE 5 387 LF 6 1,375 SF IRRIGATION SYSTEM 7 I 1 EA 8 1 EA 9 2 EA 10 500 LF 11 130 EA MULCH AND STONE V 13 5 I EA 14 5 r EA 15 5 EA 16 73 CY 17 2,805 SF PLANTING 18 5 EA 19 5 EA 20 60 EA 21 1,750 EA 22 2,162 EA ELECTRICAL 23 1 EA 24 2 EA 25 130 LF GENERAL CONDITIONS 26 1 LS 27 1 LS CONCRETE MOW CURB CONCRETE PAVERS METER & TAP DCA + MASTER VALVE + CONTROLLER VALVE W/ ACCESSORIES FOR ENTIRE ZONE MAIN LINE, WIRING DIRECTIONAL BORE AND 4" SLEEVE MEDIAN TO MEDIAN Unit Price Total $0.50 $0.40 $ 7.00 $ 60.00 $10.00 $12.00 $500.00 $500.00 $1,600.00 $3.25 $16,00 $8,250.00 $550.00 $ 70.00 $4,200.00 $3,870.00 $16,500.00 $ 500.00 $ 500.00 $3,200.00 $1,625.00 $2,080,00 BOUDER-TYPE 1 I $75.00 $375.00 BOUDERS - TYPE 2 $125.00 $625.00 BOUDERS - TYPE 3 $175.00 $875.00 BARK MULCH (3" DEPTH) $60.00 $4,380.00 DECORATIVE COBBLE (3" OVER FABRIC) $2.00 $5,610.00 ORNAMENTAL TREE (30 GAL CONT) $225.00 $1,125.00 SHADE TREE (65 GAL CONT) $600.00 $3,000.00 SHRUBS (3/5 GAL CONT) $20.00 $1,200.00 GROUNDCOVER (1 GAL CONT) _ $7.50 $13,125.00 GROUNDCOVER (4" POT) $2.75 $5,945.50 ELECTRICAL SERVICE TO CONTROLLER W/ METER CONNECTION $500.00 $500.00 LIGHT POLES (BOX ONLY) $200.00 $400.00 DIRECTIONAL BORE (FOR 2" CONDUIT MEDIAN TO MEDIAN) $8.00 $1,040.00 MOBILIZATION $500.00 $500.00 HARDSCAPE LAYOUT AND STAKING $500.00 $500.00 BASE BID LUMP SUM TOTAL IN NUMERICAL FIGURES $80,545.50 DOLLARS PER SQ. FOOT $4.88 455 DOLLAR TOTAL $1,300,897.69 J/ ANNA GREEN RIBBON: White Road Median I Cost Estimate IL CITY OF ANNA, TEXAS White Road (455) Intersection A ANNA GREEN RIBBON: Enlargement A ORNAMENTAL SHRUBS Primary Road I Concept Plan ORNAMENTAL TREES + ORNAMENTAL GRASS e SHADE TREES + ORNAMENTAL GRASS PERENNIALS + BOULDERS ?N 0 200 400 800(ft) C ITY 0 F AN NA, TEXAS White Road (455) Intersection PERENNIALS BOULDERS fl . S M, A ANNA GREEN RIBBON: Enlargement A SHADE TREES ORNAMENTRAL GRASS ORNAMENTAL TREES ORNAMENTAL GRASS "0" F } Q 1: Primary Road I Planting Plan 0 ORNAMENTAL SHRUBS J� PRIMARY ROAD 1 1.52 AC x $100,000 = $1,152,000 $1,152,000 x 2 Intersection=12,304,000 ?N 0 200 400 800(ft) C ITY 0 F AN NA, TEXAS C R 371 ORNAMENTAL TREES + u'''r,� SHADE TREES + ORNAMENTAL SHRUBSMM f '� ORNAMENTAL GRASS ORNAMENTAL GRASS _`�` A ANNA GREEN RIBBON: Enlargement B I Secondary Road I Concept Plan PERENNIALS + BOULDERS >N 0 200 400 800(ft) CITY OF ANNA, TEXAS C R 371 ORNAMENTAL TREES ORNAMENTAL GRASS ORNAMENTAL ORNAMENTAL TREES SHADE TREES SHRUBS + + ORNAMENTAL GRASS ORNAMENTRAL GRASS A ANNA GREEN RIBBON: Enlargement B Secondary Road SHADE TREES ORNAMENTRAL GRASS Planting Plan PERENNIALS BOULDERS ORNAMENTAL SHRUBS 0 SECONDARY ROAD 4.18 AC x $100,000 = $418,000 $418,000 x 2 Intersection = 1836,000 >N 0 200 400 800iftj CITY OF ANNA, TEXAS LANDSCAPE FUNCTIONS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Cultivate & Weed Shrub Beds 1 1 1 1 2 2 2 2 2 1 1 1 17 Groundcover Trimming 1 1 1 3 Shrub Pruning 1 1 1 3 Shrub/Groundcover-Fertilization 1 1 2 Pre -emerge Beds 1 1 2 Tree Pruning (Lifting 8' min. clearance) on 1 1 Shade Trees (Starting in December) Tree Fertilization 1 1 Leaf Removal 1 1 2 4 Irrigation Inspections I 1 I 1 I I 1 I 1 I 1 1 I 1 I 1 1 1 8 Shrub bed mulching (separate invoice) I I I 1 I I I I I I I 1 A ANNA GREEN RIBBON: Typical Annual Landscape Maintenance Schedule CITY OF ANNA, TEXAS CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE SUBMISSION OF AN APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE GREEN RIBBON GRANT PROGRAM. WHEREAS, the City Council of the City of Anna, Texas, Strategic Plan recognizes the need to create programs that result in a consistent, aesthetic look and feel of the City thoroughfares; and WHEREAS, the Strategic Plan puts a focus is put on aesthetic improvements to major transportation corridors such as F.M. 455 and the U.S. 75 interchanges; and WHEREAS, the Texas Department of Transportation provides grant funding for the installation of landscape and irrigation along TxDot facilities through the use of the Green Ribbon Program; and WHEREAS, the City will be required to use local funds to design such improvements; and WHEREAS, after the construction, the City will be required to maintain such facilities after a one year growing period in perpetuity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. The City Council hereby approves the submittal of an application for the Texas Department of Transportation Green Ribbon Grant Program. Section 2. The City of Anna City Council hereby authorizes the City Manager to execute same on its behalf. PASSED by the City Council of the City of Anna, Texas, on this 23rd, day of May, 2017. ATTEST: U1»Y61TJC19 i City Secretary, Carrie L Smith Mayor, Mike Crist