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06-11-2013 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING fir Regular Meeting Agenda June 11, 2013 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Nathan Scott Mayor ProTem Keith Stephens Place 1 Todd Wintters Place 3 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • "Shining the Wylie Way" - 6th 6 Weeks • CWD Annual Review—Jeff Butters, Assistant City Manager CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. June 11,2013 Wylie City Council Regular Meeting Agenda Page 2 of 3 • American Legion and Chuck Flesch - Comments regarding a request for matching funds to replace pavestones at the Wylie Veterans Memorial located in Olde City Park. • Gilbert Tamez, Creekside Estates resident—Comments regarding the proposed Wal-Mart to be located at the northeast corner of McMillian and McCreary Road. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the May 28, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and act upon, approval of Resolution 2013-14(R) authorizing the City Manager to execute partial funding Interlocal Agreement #2 by and between Collin County, the City of Sachse, and the City of Wylie concerning the construction of Woodbridge Parkway from SH 78 to Hensley Lane. (C. Holsted, City Engineer) C. Consider, and act upon, approval of a Preliminary Plat for Wal-Mart Store #6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. (R. 011ie, Planning Director) REGULAR AGENDA PUBLIC HEARING TABLED ITEM FROM 5-28-2013 Motion to remove from table and consider: 1. Continue Public Hearing and consider, and act upon, amending the zoning from Agricultural District (AG/30) to Planned Development-Single Family District creating varied density single family dwellings on 28.321 acres. Located south of Alanis Drive and west of Ballard Avenue. ZC 2013-01. (R. 011ie, Planning Director) Executive Summary The applicant is requesting to withdraw ZC 2013-01 to establish permanent zoning on an approximate 28 acre tract generally located south of Alanis on South Ballard. The property is currently zoned A/30 and almost completely surrounded by property that lies outside city limits. 2. Consider, and act upon, the recommendations of the 2013 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Historic Review Commission, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2013 and end June 30, 2015/16. (C. Ehrlich, City Secretary) June 11,2013 Wylie City Council Regular Meeting Agenda Page 3 of 3 Executive Summary Article 8, Section 1A of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. The City Council has prescribed the purpose, composition, function, duties, accountability and the tenure of each board,commission and committee. 3. Consider and act upon, Ordinance No. 2013-24 approving and adopting Rate Schedule "RRM — Rate Review Mechanism" for Atmos Energy Corporation, Mid-Tex Division to be in force in the City 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 of this ordinance to the company and ACSC legal counsel. (M. Manson, City Manager) Executive Summary The City, along with 154 other cities served by Atmos Energy Corporation, Mid-Tex Division, is a member of the Atmos Cities Steering Committee. In 2007, ACSC and Atmos Mid-Tex agreed to implement an annual rate review mechanism for Atmos Mid-Tex,known as the Rate Review Mechanism,as a temporary replacement for the statutory mechanism known as Gas Reliability Infrastructure Program. This first RRM tariff expired in 2011, and although ACSC and Atmos Mid-Tex met many times to attempt to reach an agreement on a renewed or replacement tariff, they were unable to do so. Atmos Mid-Tex filed a full rate case in 2012. The resulting rates were approved by the Railroad Commission in December 2012 in G.U.D.No. 10170. READING OF ORDINANCES ADJOURNMENT In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. CERTIFICATION I certift that this Notice of Meeting was posted on this 7rh day of June, 2013 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed _9471 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, May 28, 2013 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tern Nathan Scott, Councilwoman Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones, and Councilman Todd Wintters. Councilman Rick White was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; Police Chief, John Duscio; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Former Mayor William Martin gave the invocation and Mike Williams, Wylie East High School Principal, led the Pledge of Allegiance. PRESENTATIONS • Proclamation — Breanna Denali Figuly — Presidential Nomination to the U.S. Air Force Academy Mayor Hogue presented a proclamation to senior Breanna Figuly for being the Presidential Nominee to the United States Air Force Academy in Colorado Springs. Hogue reported that she was chosen from over 25,000 applicants. Mike Williams, principal of Wylie East High School, and Lt. Col. Wayne Wilbanks, JR. ROTC at Wylie East High School, were present for the reading of the proclamation. • Proclamation - Mayor for the Day — Garrett Bradford - 4th Grade at Birmingham Elementary Mayor Hogue introduced Junior Mayor for the Day Garrett Bradford. Mayor Hogue explained Minutes May 28, 2013 Wylie City Council Page 1 Garrett won the silent auction for Birmingham Elementary where he is a student. The winner receives the designation as "Mayor for the Day." City Secretary Ehrlich administered the student oath of office and Garrett presided along with the Mayor during the council meeting. All funds raised from the silent auction go to the local campus PTA. • Presentations - Excellence in Libraries Award Presentation Mayor Hogue presented a plaque to Rachel Orozco, Library Director, awarding the 2012 Achievement in Excellence Award from the Texas Municipal Library Director's Association to the Smith Public Library. Library staff was on hand for the award and dedicated the award in memory of Rita and Truett Smith, who established the first library in Wylie. • Update on Bluegrass Ballard- Craig Kelly, Public Information Officer Public Information Officer Craig Kelly and members of the Wylie Downtown Merchants Association gave an overview of final plans for the upcoming Bluegrass on Ballard Event to be held July 6, 2013 in the Wylie Historic Downtown area. They went over some of the merchant sponsored events which included: four bluegrass bands, antique car show, and chili cook-off. Also planned for the day's events are crafts in the park sponsored by the Wylie Public Arts Advisory Board and the City. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Councilman Bennie Jones thanked staff and members of the council for their attendance and support for the Youth Fitness Day sponsored by the Wylie Youth Organization held May 25, 2013. Councilman Jones also thanked first responders for their assistance during the inclement weather the day of the event. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the May 14, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2013. (L. Rant, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for April 30, 2013. (L. Rant, Finance Director) D. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2013. (S. Satterwhite, WEDC Executive Director) Minutes May 28, 2013 Wylie City Council Page 2 E. Consider, and act upon, Resolution No. 2013-11-1(R) approving an Indigent Care Affiliation Agreement between the City of Wylie and East Texas Medical Center. (R. Corbin, Fire Chief F. Consider, and act upon, Resolution No. 2013-12-1(R) authorizing the City Manager of the City of Wylie, Texas, to execute an interlocal agreement by and between the Town of St. Paul and the City of Wylie for Fire Protection Services. (R. Corbin, Fire Chief G. Consider, and act upon, approval of a Preliminary Plat for Alanis Crossing Phase I consisting of 29.292 acres for 52 single family residential lots and 1 open space lot dedicated for drainage purposes, generally located west of F.M. 544, south of Alanis Drive. (R. 011ie, Planning Director) H. Consider, and act upon, the award of bid number W2013-43-B Wylie Senior Center Interior Renovation in the amount of $52,653.00 to Concord Commercial Services Inc., Lutz Woodworks, and Wylie Carpet and Tile; and subject to the timely execution of any necessary documents by the City Manager. (G. Hayes, Purchasing) I. Consider, and act upon, approval of Resolution No. 2013-10(R) authorizing the City Manager of the City of Wylie, Texas, to execute the interlocal agreement between Collin County and the City of Wylie concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. (C. Holsted, City Engineer) J. Consider, and act upon, Resolution No. 2013-13(R) of The City Council of the City of Wylie, Texas, to ratify Change Order #1 to an agreement between Pulliam Construction Management Inc. for an increase in the scope of work of an additional parking lot at 949-100 Hensley Lane in the amount of$51,228.70. (G. Hayes, Purchasing) K. Consider, and act upon, authorizing the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2012-2013 audit services for a fee not to exceed $57,750. (L. Bantz, Finance Director) Mayor Hogue asked that Item G be pulled from the consent agenda for clarification. Mayor pro tem Scott asked that Item K be pulled from the consent agenda. Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tem Scott to approve Items A, B, C, D, E, F, H, I and J of the consent agenda as presented. A vote was taken and the motion passed 6-0 with Councilman White absent. REGULAR AGENDA G. Consider, and act upon, approval of a Preliminary Plat for Alanis Crossing Phase I consisting of 29.292 acres for 52 single family residential lots and 1 open space lot Minutes May 28, 2013 Wylie City Council Page 3 dedicated for drainage purposes, generally located west of F.M. 544, south of Alanis Drive. (R. 011ie, Planning Director) Council Discussion Councilwoman Culver asked Planning Director 011ie to clarify the plat presented in Item G was regarding a different issue than Item #1, Zoning Case 2013-01. Planning Director 011ie reported that Item G was the preliminary plat for a planned development that was approved by the Wylie City Council in 2006 (Ordinance 2006-55). 011ie explained that by law, if the preliminary plat complies with the approved planned development, it would require approval. Planning Director 011ie displayed the individual parcels that were addressed in Item G and Item #1 which addressed different locations. Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Wintters to approve Item G of the consent agenda. A vote was taken and the motion passed 6-0 with Councilman White absent. K. Consider, and act upon, authorizing the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2012-2013 audit services for a fee not to exceed $57,750. (L. Bantz, Finance Director) Council Discussion Mayor pro tern Scott commented that he had spoken earlier with the City Manager and wanted to clarify that this is the normal process to obtain the City's annual financial report and is not different than what has been done in the past. He noted he had had some questions regarding the item and wanted to publicly clarify. Council Action A motion was made by Mayor pro tern Scott, seconded by Councilwoman Culver to approve Item K of the consent agenda. A vote was taken and the motion passed 6-0 with Councilman White absent. PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF) to accommodate a proposed single family residential subdivision on an approximate 28 acre tract generally located on South Ballard approximately 1000' south of Alanis. ZC 2013-01 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the applicant is requesting to establish permanent zoning on an approximate 28 acre tract generally located south of Alanis on South Ballard. The property is currently zoned A/30 with a majority of its borders surrounded by property that lies outside city limits. 011ie explained the applicant is proposing to provide a residential development on lots that are smaller than normally required while adding architectural, landscaping, and site design elements to the development that offer a distinctive character to the development. The Comprehensive Plan designates this area as a Sub- Urban sector allowing for low to medium densities, so the proposed development does fall within the land Minutes May 28, 2013 Wylie City Council Page 4 use guidelines. 011ie noted the applicant has also been meeting with Park's Department staff and the City's Park's Board in the dedication and construction of public hike & bike trails and open spaces that will be incorporated in the proposed neighborhood. At the April 22, 2013 Parks Board meeting, the Board tabled the applicant's proposal for parkland dedication until the applicant could provide more information regarding the pond and whether it would be retention or detention and detailed park amenities. 011ie reported the developer went back to the Parks Board on May 20th and the Parks Board denied their request to accept parkland but approved fees in lieu of parkland with outstanding questions regarding the parkland proposal. 011ie reported the Planning and Zoning Commission voted 5-0 to table the item until June 4, 2013. She explained that there were many questions unanswered for the Planning and Zoning Board as well as the Parks Board and consequently The Planning and Zoning Commission tabled the item. 011ie requested that since this was a public hearing, that Council open the public hearing and allow any citizen time to speak on this item, after which the Council continue the public hearing and table the request until the June 11th regular council meeting. 011ie explained the proposed development butts up to Colonial Acres Estates with a proposed access that would take traffic flow into the Colonial Acres Estates community. Mayor Hogue asked what size lots the applicant was proposing. 011ie replied they were 6,000 square foot lots. Councilwoman Culver asked what issues were still outstanding with regard to city concerns with the planned development. 011ie replied there were many; the pond, access, the amenities, the park, the lot sizes, the layout and the landscaping. She explained that what the applicant has submitted and what the current zoning ordinance will allow are far apart. Councilwoman Culver asked why residents in the Colonial Acres Estates were not notified about the public hearing. 011ie replied that state law requires that residents within 200 feet of the proposed development be notified of all public hearings. She explained that Colonial Acres Estates was in the City's extraterritorial jurisdiction and outside the 200 foot notification area. Public Hearing Mayor Hogue opened the public hearing at 7:02 p.m. asking anyone present wishing to address council to come forward. Residents of the Colonial Acres Estates (adjacent to the proposed development) were present to speak against the proposed planned development (ZC 2013-01). Residents included: Steven Montgomery, Barrie Foster, Marty Williams, Mark Ritchie, Alexis Tapp, and M. G. Red Byboth. Mayor Hogue announced that this item would be heard on June 4, 2013 at the regular Planning and Zoning Commission and if tabled by council would be heard again on June 11, 2013 by the Wylie City Council. Council Action A motion was made by Councilman Jones, seconded by Councilwoman Culver to table Item #1, Zoning Case #2013-01; and to continue the public hearing to the June 11, 2013 city council meeting to obtain more information. A vote was taken and the motion passed 6-0 with Councilman White absent. Councilman Jones left the meeting at 7:45 p.m. Minutes May 28, 2013 Wylie City Council Page 5 WORK SESSION • 2013-14 Budget Work Session. (L. Bantz, Finance Director) City Manager Manson gave council a preliminary overview of the FY 2013-2014 Budget. Manson reviewed estimated property tax values which she reported were estimated to increase by 3% in the coming year and sales tax revenues which were forecast to increase 5%. She reported that without adding any additional departmental requests to the expenditures side with the exception of the two police officers for the narcotics divisions and one officer as the Child Advocacy Officer and non-personnel items, the expenditures were over estimated revenues by $67,015. She suggested drawing down the fund balance which as of 2013 was very healthy at $10,162.372 by $400,000 for debt service. Manson noted there would be additional council work sessions through the summer as department budgets were finalized, the marketing plans were presented, and the compensation survey and plan were presented. RECONVENE INTO REGULAR SESSION Mayor Hogue convened into regular session at 8:25 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilwoman Culver, seconded by Mayor pro tern Scott to adjourn the meeting at 8:28 p.m. A vote was taken and the motion passed 5-0 with Council members Jones and White absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes May 28, 2013 Wylie City Council Page 6 A OF • ® Wylie City Council = ;' AGENDA REPORT • 01887• "rE op S'E0 Meeting Date: June 11,2013 Item Number: B Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: June 3,2013 Budgeted Amount: Exhibits: 2 Subject Consider and act upon, approval of Resolution 2013-14(R) authorizing the City Manager to execute partial funding Interlocal Agreement #2 by and between Collin County, the City of Sachse, and the City of Wylie concerning the construction of Woodbridge Parkway from SH 78 to Hensley Lane. Recommendation Motion to approve, Resolution 2013-14(R) authorizing the City Manager to execute partial funding Interlocal Agreement #2 by and between Collin County, the City of Sachse, and the City of Wylie concerning the construction of Woodbridge Parkway from SH 78 to Hensley Lane. Discussion The extension of Woodbridge Parkway from Hooper Road to SH 78 in Sachse will connect FM 544 to SH 78 and will promote economic benefits for both cities and improve mobility for southeast Collin County. The Interlocal Agreement defines funding sources along with the roles and responsibilities of Collin County, the City of Sachse, and the City of Wylie. Collin County has agreed to fund up to $4,084,198.77 towards the project. On April 10, 2012 Council approved the Partial Funding ILA#1 which funded $1,351,750 for the project. The attached ILA #2 will authorize an additional $2,732,448.77 which is funded from 2007 Collin County discretionary bond funds as authorized in Court Order#2012-121-2-20. Right of way acquisition for the project is nearing completion and the project will be advertised for construction as soon as the acquisition is finalized. The City of Wylie responsibility is funded through the Wylie Economic Development Corporation and the 2005 Bond Program. Page 1 of 1 RESOLUTION NO. 2013-14(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE PARTIAL FUNDING INTERLOCAL AGREEMENT #2 BY AND BETWEEN COLLIN COUNTY, THE CITY OF SACHSE, AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF WOODBRIDGE PARKWAY FROM SH 78 TO HENSLEY LANE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, Partial Funding Interlocal Agreement#2 by and between Collin County, the City of Sachse, and the City of WYLIE, Texas for the construction of Woodbridge Parkway from SH 78 to Hensley Lane, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 11th day of June, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-14(R)-Partial Funding Interlocal Agreement#2 By And Between Collin County, Sachse,Wylie Construction of Woodbridge Parkway From SH 78 To Hensley Lane Page 1 of 2 EXHIBIT "A" Interlocal Agreement Resolution No.2013-14(R)-Partial Funding Interlocal Agreement#2 By And Between Collin County, Sachse,Wylie Construction of Woodbridge Parkway From SH 78 To Hensley Lane Page 2 of 2 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY, THE CITY OF SACHSE AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF WOODBRIDGE PARKWAY FROM SH 78 TO HENSLEY LN.IMPROVEMENTS 2003 BOND PROJECT#03-072 (Partial Funding ILA#2) WHEREAS, the County of Collin, Texas ("County"), the City of Sachse, Texas ("Sachse"), and the City of Wylie, Texas ("Wylie") (Sachse and Wylie herein sometimes collectively referred to as "Cities"), desire to enter into an agreement concerning the construction of improvements to Woodbridge Parkway from SH 78 to Hensley Ln.(the"Project")in the Cities of Wylie and Sachse,Collin County,Texas ("Partial Funding ILA#1"); and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act;and WHEREAS, County, Sachse, and Wylie have determined that the improvements related to the Project may be constructed most economically by implementing this Partial Funding ILA#1; and WHEREAS, the Collin County Commissioners Court approved an Interlocal Agreement for Engineering and Construction of the Maxwell Creek Bridge at Hooper Road with the City of Wylie on May 7th 2012, Court Order#2012-262-05-07 for an amount not to exceed $1,351,750.00 of which the County has already tendered to Wylie$1,351,750.00;and WHEREAS, the Collin County Commissioners Court approved the use of Discretionary Bond funds for Woodbridge Parkway on February 20,2012,Court Order#2012-121-2-20. WHEREAS,parties intend for the Available Funding to be distributed according to the terms and conditions set forth in two (2) separate interlocal agreements, specifically, Partial Funding ILA#1 and this Partial Funding ILA#2;and WHEREAS,Partial Funding ILA#2 shall provide the terms and conditions for engineering,right of way acquisition and some construction costs,as herein defined;and WHEREAS,the parties hereto have investigated and determined that is in the best interest of each of their respective jurisdictions to enter into this Partial Funding ILA#2. NOW, THEREFORE,this Partial Funding ILA#2 is made and entered into by and between the County, Sachse, and Wylie upon and for the mutual consideration stated herein,the receipt and sufficiency of which is hereby acknowledged: WITNESSETH: ARTICLE I. The Cities shall arrange to cause the construction of the improvements for the Project. The Project shall consist of constructing Woodbridge Parkway from SH 78 to Hensley Lane and includes the construction of approximately 5,280 feet of 4-lane concrete divided roadway, a 320 foot bridge, and crossing of the KCS railroad. The Project improvements shall also include construction of underground storm sewers as part of the road improvements. Interlocal-between Collin County,Sachse&Wylie Construction of Woodbridge Parkway from SH 78 To Hensley Ln. Improvements 2003 Bond Project#03-072 Page 1 of 6 The Project shall consist of five (5) phases: Woodbridge Parkway & KCS Railroad Crossing, Phase 1,Phase 2,Maxwell Creek Bridge, and Woodbridge Parkway north of Maxwell Creek Bridge, all of which are depicted in Exhibit "A", attached hereto and incorporated herein for all purposes. All Project improvements shall be designed to meet or exceed the current County design standards and shall be constructed in accordance with the plans and specifications approved by the respective Cities. ARTICLE II. Sachse shall be obligated to deliver or cause to have delivered Phase 1 and the Woodbridge Parkway&KCS Railroad Crossing portions of the Project as a roadway system. The projected cost for this portion of the project is$1,874,018.13. Sachse shall also be responsible for the design of Phase 2. Sachse's participation is estimated to be$2,113,148.78 which includes $277,000 in reallocated 2007 Collin County Transportation Bond funds,approved on February 20,2012,court order#2012-122-2-20,to be applied toward the Project.The total cost to construct Phase 1 and the Woodbridge Parkway&KCS Railroad Crossing portions of the project shall be computed based on the unit prices for the construction of Phase 2,Maxwell Creek Bridge,and Woodbridge Parkway north of Maxwell Creek Bridge to the maximum extent possible. Wylie shall be responsible for the construction of Phase 2, and the design and construction of Maxwell Creek Bridge, and design and construction of Woodbridge Parkway, north of Maxwell Creek Bridge. The projected cost for this portion of the Project is $6,612,990.92. Wylie's total participation is estimated to be $2,289,661.50. Wylie shall prepare specifications for Phase 2; plans and specifications for the Maxwell Creek Bridge and Woodbridge Parkway north of Maxwell Creek Bridge, accept bids and award contracts to construct such improvements and administer the construction contract(s). In all such activities,the Cities shall comply with all state statutory requirements. The Cities shall provide the County with a copy of the executed construction contract(s)for the Project. ARTICLE III. The Cities shall also acquire the necessary property in the vicinity of the Project improvements for use as right-of-way. ARTICLE IV. The County and Cities estimate the total actual cost of the Project to be$8,487,009.05,which shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The total funds remitted by the County for the Project identified in this Partial Funding ILA #2 shall not exceed $2,732,448.77. The County's available funds for this Partial Funding ILA #2 consist of 2007 County discretionary bond funds in the amount of$2,732,448.77.The use of discretionary bond funds was approved on February 20,2012,by Court Order#2012-121-2-20. The Payment Schedule is as follows: (a) Within thirty (30) days after the Cities (1) execute a Professional Services Agreement for the design of the Project, and (2) request payment from the County, the County shall remit a portion of the Available Funds to the Cities to cover those engineering costs required under the Professional Service Agreement. (b) Within thirty(30)days after the Cities request payment from the County,the County shall remit a portion of the Funds to the Cities to cover any and all right of way Interlocal-between Collin County,Sachse&Wylie Construction of Woodbridge Parkway from SH 78 To Hensley Ln. Improvements 2003 Bond Project#03-072 Page 2 of 6 acquisition costs for the Project, including but not limited to, the cost to acquire the right of way through eminent domain. (c) Within thirty (30) days after all of the following have occurred, the County shall remit to the Cities the remaining Funds not already disbursed under(a)or(b)above: (1) the Cities issue a Notice to Proceed to the lowest responsible bidder for the construction of Phase 2,Maxwell Creek Bridge, and Woodbridge Parkway north of Maxwell Creek Bridge; (2) the Cities request payment from the County;and (3) County bond money is available. (d) Upon the completion of the Project, the Cities shall provide to the County a final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein,the Cities shall remit to the County fifty percent(50%) of the difference between the estimated cost and the actual cost. The Commissioners Court may revise this payment schedule based on the progress of the Project with prior written notice and approval by the Cities. ARTICLE V. The Cities shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE VI. County and Cities agree that the party paying for the performance of governmental functions or services pursuant to this Partial Funding ILA #2 shall make those payments only from current revenues legally available to the paying party. ARTICLE VII. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER(AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS PARTIAL FUNDING ILA#1. ARTICLE VIII. COUNTERPARTS. This Agreement may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. ARTICLE IX. NOTICE. Any notice provided or peiiiutted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, Interlocal-between Collin County,Sachse&Wylie Construction of Woodbridge Parkway from SH 78 To Hensley Ln. Improvements 2003 Bond Project#03-072 Page 3 of 6 postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same, to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification,the addresses of the parties shall be as follows: If to the City,to: City of Sachse Attn: City Manager 3815 Sachse Rd. Sachse,TX 75048 If to the City,to: City of Wylie Attn: City Manager 300 Country Club Rd.,Bld. 100 Wylie,Texas 75098 ARTICLE X. VENUE. The laws of the State of Texas shall govern the interpretation,validity,performance and enforcement of this Partial Funding ILA #2. The parties agree that this Partial Funding ILA #2 is performable in Collin County,Texas and that exclusive venue shall lie in Collin County,Texas. ARTICLE XI. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. ARTICLE XII. SEVERABILITY. The provisions of this Partial Funding ILA#2 are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Partial Funding ILA#2 is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Partial Funding ILA #2 shall be enforced as if the invalid provision had never been included. ARTICLE XIII. ENTIRE AGREEMENT. This Partial Funding ILA #2 embodies the entire agreement between the parties regarding the subject matter of this Partial Funding ILA #2 and may only be modified in a writing executed by both parties. ARTICLE XIV. SUCCESSORS AND ASSIGNS. This Partial Funding ILA#2 shall be binding upon the parties hereto,their successors and assigns. No party may assign or transfer an interest in this Partial Funding ILA #2 without the written consent of the other parties. ARTICLE XV. IMMUNITY. It is expressly understood and agreed that, in the execution of this Partial Funding ILA #2, none of the parties waive, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Partial Funding ILA#2, the parties do not create any obligations, express Interlocal-between Collin County,Sachse&Wylie Construction of Woodbridge Parkway from SH 78 To Hensley Ln. Improvements 2003 Bond Project#03-072 Page 4 of 6 or implied, other than those set forth herein, and this Partial Funding ILA#2 shall not create any rights in parties not signatories hereto. ARTICLE XVI. TERM. This Partial Funding ILA #2 shall be effective upon execution by all parties and shall continue in effect annually until final acceptance of the Project. This Partial Funding ILA #2 shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Keith Self Name: County Judge Title: Date: Date: Executed on this day of , 2013, by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF SACHSE,TEXAS By: By: Terry Smith William K. George City Secretary City Manager Date: Date: Executed on behalf of the City of Sachse pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Peter G. Smith City Attorney Date: Interlocal-between Collin County,Sachse&Wylie Construction of Woodbridge Parkway from SH 78 To Hensley Ln. Improvements 2003 Bond Project#03-072 Page 5 of 6 ATTEST: CITY OF WYLIE,TEXAS By: By: Carole Ehrlich Mindy Manson City Secretary City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. 2013-14(R) APPROVED AS TO FORM: By: Courtney A.Kuykendall City Attorney Date: Interlocal-between Collin County,Sachse&Wylie Construction of Woodbridge Parkway from SH 78 To Hensley Ln. Improvements 2003 Bond Project#03-072 Page 6 of 6 G`�q oF. ' :, ` - `' Wylie City Council it lk �'`''j 4T AGENDA REPORT 1857� '�TP OF iE1'6 Meeting Date: June 11,2013 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: June 5,2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Wal-Mart Store #6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. Recommendation Motion to approve a Preliminary Plat for Wal-Mart Store#6078,being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. Discussion APPLICANT: Kimley-Horn Associates OWNER: The Cambridge Companies, Inc. The applicant is proposing two commercial lots of 5.254 and 0.648 acres, respectively to develop a neighborhood market food and general merchandise store. The total area is approximately 6.3 acres (including right-of-way dedication) on the northeast corner of McMillian and McCreary. It is part of the Creekside Planned Development (99-32) approved in October 1999. The Plat complies with the Development Plan which was approved with the PD and also the Comprehensive Development Plan. A Site Plan, Elevations & Landscape Plan was tabled by the Planning and Zoning Commission on June 4, 2013 to allow the applicant sufficient time to address concerns presented by the Commission and citizens as it relates to the design of the building. The Planning and Zoning Commission voted 6-1 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineering. Page 1 of 1 VICINITY MAP N.T.S. I II I I \ I I OWNER'S CERTIFICATE McYMIRTER I I \ I 5 I STATE OF TEXAS § N I I I I \ 1 COUNTY OF COLLIN § w.4E SITE SURVEYORS CERTIFICATION s - WHEREAS CREEKSIDE DEVELOPMENT, INC., is the owner of a tract of land situated in the John H. BETSY I I Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, and being a portion of Tract 4 (a KNOW ALL MEN BY THESE PRESENTS: `\ I I called 25.108 acre tract of land) conveyed to Creekside Development, Inc., as evidenced in a General MCMILLAN I I� I I Warranty Deed, recorded in Instrument No. 20121231001666860 of the Official Public Records of Collin I, Michael B. Marx, R.P.L.S., do hereby declare that this plat was prepared from an actual survey of the land r l T� I I County, Texas, and being more particularly described by metes and bounds as follows: and that the corner monuments shown thereon were properly placed under my personal supervision in 1 McMILLAN 1 I 6 accordance with the platting rules and regulations of the City of Wylie, Texas. BEGINNING at a 5/8-inch iron rod with a plastic cap stamped "KHA" set for the most westerly, southwest corner of said Tract 4, same being the intersection of the north right of way line of McMillen Road (County I J / - - / Road No. 298), a variable width right of way with the east right of way line of McCreary Road (County Road ,cE OF TF III ki- IGARNET HILL ADDITION, ' ' I- ` No. 245), a variable width right of way, both rights of way lines created on the final plat of Creekside Estates Michael B. Marx �P.• '�IsreRF • tq I I BLOCK A,LOT 1 CREEKSIDE ESTATES PHASE I, Phase I, an Addition to the City of Wylie, Texas, according to the Plat, thereof recorded in Cabinet N, Page Registered Professional Land Surveyor#5181 VOLUME 2007, PAGE 291 I BLOCK E 894 of the Plat Records of Collin Count Texas; KIMLEY-HORN AND ASSOCIATES, INC . I I I P.R.C.C.T. / / CABINET N, PAGE 894 y' S750 Genesis Court, Suite 200, Frisco, Texas 75034 PRELIMINARY 6 P.R.GC T. I ~ N THENCE North 00°0$'18" East (called North 00°36'44" East), along the west line of said Tract4 and the east (972) 335-3580 THIS DOCUMENT SHALL NOT BE m 1_ 20'X 20'DRAINAGE EASEMENT 7 RECORDED FOR ANY PURPOSE z. VOL. 2007, PG.291, P.R.C.C.T. right of way line of said McCreary Road (County Road No. 245), a distance of 511.95 feet to a 5/8-inch iron •" q� F- WATER EASEMENT rod with a plastic cap stamped "BURY PARTNERS" found for the northwest corner of said Tract 4, same '9 '•••.FES.................. 1!2"IRFC } F VOL.2007, PG.291, / / being the southwest corner of Garnet Hill Addition, Block A, Lot 1, an Addition to the City of Wylie, Texas, HD (wnq = o P.R.C.C.T. I `- a LLI / --------- / 7 according to the Plat, thereof recorded in Volume 2007, Page 291 of the Plat Records of Collin County, K I� I 10'SIDEWALKEASEMENT _ _ \\1 I VOL. 2007, PG.291, P.R.C.C.T. r ITexas; THE GABLES AT NORTH HILL, I ILL I I / PHASE 2A, O O FIRE LANE,ACCESS& - THENCE South 89°54'42" East (called South 89°23'16" East), along the north line of said Tract 4 and the BLOCK E I I I UTILITY EASEMENT / south line of said Block A, Lot 1, a distance of 504.00 feet to a 5/8-inch iron rod with a plastic cap stamped CABINET R,PAGE 077 O. U VOL. 2007, PG.201, P.R.C.C.T. I 518"IRFC "BURY PARTNERS" found for the the southeast corner of said Block A, Lot 1, and the most westerly, P.R.C.C.T. STATE OF TEXAS / (BURY PARTNERS) • northeast corner of said Tract 4, same also being on the west line of Lot 8, Block E of aforesaid Creekside § 7 S89°54'42"E 504.00' I �5lB"IRFC Estates Phase I; ' 518'IRFC S89°54'42"E 494.00' (BURY PARTNERS) I I (BURY PARTNERS) 10'X 10'WATER 20'DRAINAGE EASEMENT CM COUNTY OF COLLIN § I CM EASEMENT INST.NO.20070608000781740, 8 9 THENCE South 00°05'18" West (called South 00°36'44" West), along the westerly, east line of said Tract 4 I 10'UTILITY EASEMENT / O.P.R.C.C.T. L21 BEFORE ME, the undersigned authority, on this daypersonallyappeared Michael Marx, known to me to be �c� or,w and the west line of said Lot 8, Block E, passing at a distance of 74.48 feet a 5/8-inch iron rod with a plastic PP I I l �T Sas°sa'a2"E 205.33' i� / cap stamped "BURY PARTNERS" found for the the southwest corner of said Lot 8, Block E and continuing the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he S r4' S89°54'42"E 205.40' across said Tract 4, a total distance of 570.59 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" executed the same for the purposes and consideration therein expressed, in the capacity therein stated and \ Q F - N C� / I• C (BURY PARTNERS)MN - - - - set for a corner on the south line of said Tract 4, same being on the occupied original centerline of aforesaid as the act and deed of said corporation. a O N S8s°54'42"E 151.40' I f// I` McMillen Road (County Road No. 298), no record found for the right of way at this point; I I s6s°54'42"E 150.37' J G1� L Given under my hand and seal of office on this the day of 2013. z a Z �- L THENCE South 89°56'22" West (called North 89°32'12" West), along the south line of said Tract 4 and along I a I No s the occupied centerline of said McMillen Road (County Road No. 298), a distance of 303.88 feet to a \ I I / \ 35'FIRELANE,ACCESS AND 5/8-inch iron rod with a plastic cap stamped "KHA" set for the most southerly, southwest corner of said Tract NOTARY PUBLIC in and for the STATE OF TEXAS 36'FIRELANE AND ACCESS EASEMENT 1 o UTILITY EASEMENT Z o a z 4, same being the southeast corner of the right of way line of said McMillen Road (County Road No. 298) as U ¢ co M w created in aforesaid Cabinet N, Page 894; 8 I oco w co z ¢ w m � Y THENCE North 00°04'30" West (called North 00°26'56" East), along the most easterly, west line of said Q °° a w L w i Tract 4 and along the east right of way line of said McMillen Road (County Road No. 298), a distance of • O a • z U 3 u o P 60.00 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for the northeast corner of said right of I it z( o S > CO N way dedication; p J O z ° co . F N z z J THENCE South 89°55'30" West (called North 89°33'04" West), along the south line of said Tract 4 and along I II } a w N the north right of way line of said McMillen Road (County Road No. 298), a distance of 199.96 feet to the I I I Q U 10'X 15'WATER N Z EASEMENT POINT OF BEGINNING and containing 6.334 acres (275,913 square feet)of land, more or less. En w La • LLl �, z N D �J Bearings and distances are based upon Texas State Plane Coordinates, North Central Zone, NAD83, as I rz 0) LOT 1 , BLOCK A N w NLs (-3, determined using City of Wylie GPS station CM 2, City of Wylie GPS station CM 4 and City of Wylie GPS Vinw 5.254 ACRES en o station CM 5. The bearings shown are Grid values. The distances shown are Surface values. 1 1 12 o o (228,849 SQ. FT.) o Co I i° 0 z NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 00 1�f1 O O o I ci zz Z �� 0 Lc) o THAT CREEKSIDE DEVELOPMENT, INC., acting herein by and through it's duly authorized officers, does Z I U PORTION OF TRACT 4 °vo1 REMAINDER OF TRACT 4 hereby adopt this plat designating the hereinabove described property as WOODBRIDGE CENTRE CALLED 25.108ACRES CERTIFICATE OF APPROVAL I CALLED 25.108 ACRES PHASE II, an addition to the City of Wylie, Texas, and does hereby dedicate, in fee simple, to the public n CREEKSIDE DEVELOPMENT, INC. a CREEKSIDE DEVELOPMENT, INC. a o INST.NO.20121231001666860 use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. F: rn m INST.NO.20121231001666860 15'UTILITY EASEMENT z o a ti Q O.P.R.C.C.T. o o.P.R.C.C.T. The Easements and public use areas, as shown are dedicated, for the public use forever, for the purposes "Recommended for Approval" -U < w co indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be en a > L18 l - - LJ constructed or placed upon, over or across the Easements as shown, except that landscape improvements o ? I Jr m or �11 G^b C13 , may be placed in Landscape Easements, if approved by the City of Wylie. In addition, Utility Easements CALLED 66.2147 ACRES I o I ?HI', L - L9 -- mayalso be used for the mutual use and accommodation of allpublic utilities desiringto use or usingthe Chairman, Planning &ZoningCommission Date w1s C� 589°54'42"E 1s1.ao' L6-I THE SAAM TRUST I I g II= 76 15 VOLUME 4536, PAGE 2324 I v 10'X 10'WATER c same unless the easement limits the use to particular utilities, said use by public utilities being subordinate City of Wylie, Texas O.P.R.C.C.T. 0 L EASEMENT to the Public's and City of Wylie's use thereof. The City of Wylie and public utility entities shall have the . = J right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements "Approved for Construction" cre z 0 589°54'42"E 139.40' or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of ci x _ _ 589°54'42"E 199.23'- C� �S o - their respective systems in said Easements. The City of Wylie and public utility entities shall at all times h have the full right of ingress and egress to or from their respective easements for the purpose of I M II r 130'FIRELANE AND o � O M w constructing, reconstructing, inspecting, patrolling, maintaining, readingmeters, and addingto or removingMayor, Cityof Wylie, Texas Date z 1 co 9, P 9. P 9+ 9, Y Y S4a°54'42"E ACCESS EASEMENT a w all orparts of their respective systems without the necessityat anytime procuringpermission from anyone. I I - II 21.76' w P Y Y c? I N a) Eo w a "Accepted" CL ai t m - z �' o The area or areas shown on the plat as "VAM" (Visibility, Access and Maintenance) Easement(s) are t a LOT 2, BLOCK A w a o o hereby given and granted to the City, its successors and assigns, as an easement to provide visibility, right Jp • N ILw $r z P o W 0.648 ACRE N. - z N E. I D of access for maintenance upon and across said VAM Easement. The City shall have the right but not the e° (28,213 SQ. FT. En S >. obligation to maintain any and all landscaping within the VAM Easement. Should the City exercise this Mayor, City of Wylie, Texas Datea. ol O ( ) �I z to I� I�� maintenance right, then it shall be permitted to remove and dispose of any and all landscaping b I 10'SIDEWALK EASEMENT M ? improvements, including without limitation, any trees, shrubs, flowers, ground cover and fixtures. The City The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final plat of ry o may withdraw maintenance of the VAM Easement at any time. The ultimate maintenance responsibility for WOODBRIDGE CENTRE PHASE II, an addition to the City of Wylie was submitted to the City Council on the ici the VAM Easement shall rest with the owners. No building, fence, shrub, tree or other improvements or dayof 2011, and the Council, b formal action, then and there acce ted the e S45°05'05"E 9+ P Y P l z7.z7' growths, which in any way may endanger or interfere with the visibility, shall be constructed in, on, over or dedication of streets, alleys, parks, easements, public places, and water and sewer lines as shown and set NO°os'1s"E� Rsc - _ across the VAM Easement. The City shall also have the right but not the obligation to add any landscape forth in and upon said plat and said Council further authorized the mayor to note the acceptance thereof by o 20.00' N89°5a'03"E 195.27' O� L14 O1 Ns9°54'03"E 289.40' �a c'w _ - _ - - - _ improvements to the VAM Easement, to erect any traffic control devices or signs on the VAM Easement signing his name as hereinabove described. ° • �''_"- `- - `�` Lie and to remove any obstruction thereon. The City, its successors, assi ns, or a ents shall have the ri ht and I IRsc S89 55'30"W 199.96' _ L15 _ _ privilege at all times to enter upon the VAM Easement or any part thereoffor the purposes and with all Witness my hand this day of , A.D., 2013. i rights and privileges set forth herein. a o PROPOSED RIGHT OF WAY FOR S0"05'18"W N NO 04'30"V1f McMILLAN ROAD PER DEDICATION 61.01' M CABINET N, PAGE 894 60.00' `- This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, • P.R.C.C.T. AND IMPACT FEE AGREEMENT Texas. City Secretary N „�iRsc - - - - - City of Wylie, Texas. a I Ia - - - - - - S89°56'22"W 303.88' it WITNESS, my hand, this the day of 2013. x IRSC U I I I McM I LLEN ROAD (C. R. NO. 298) CREEKSIDE DEVELOPMENT, INC. m BY: - - - - - - - - - - - - - - - - - - - - - - - - Name, Title m 0 I I 0 a. CALLED 66.2147 ACRES I o PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY I I CALLED 115.155 ACRES 3 THE SAAM TRUST LINE TABLE LINE TABLE CURVE TABLE VOLUME 4536,PAGE 2324 I I YES COMPANIES,LLC STATE OF TEXAS § PRELIMINARY PLAT B. O.P.R.C.C.T. I INST. NO. 200 80 20500 01 4 1 500 NO. BEARING LENGTH NO. BEARING LENGTH NO. DELTA RADIUS LENGTH CHORD BEARING CHORD ..P.R.C.C.T. COUNTY OF DALLAS § L1 N00°05'18"E 60.49' L17 SOO°05'18"W 10.00' C1 36'13'54" 25.00' 15.81' 871°47'45"E 15.55' CREEKSIDE RETAIL ADDITION z L2 N00°05'18"E 41.67' L18 S89°54'42"E 10.00' C2 90°00'00" 54.00' 84.82' N44°54'42"W 76.37' Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally g I I L3 N00°06'27"E 15.00' L19 S00°05'18"W 10.00' C3 35°24'30" 25.00' 15.45' S17°36'56"E 15.21' appeared NAME, TITLE, known to me to be the person whose name is subscribed to the foregoing 2 LOTS instrument and acknowledged to me that he executed the same for the purpose and considerations therein 6,334 ACRES Lu a 4 . L20 N00"08144"E 10.00' C4 35°29'37" 25.00' 15.49' N17°50'07"E 15.24' N L4 589'51'16"E 1000' expressed. to I L5 S00°05'18'W 15.00' L21 S89°54'42"E 10.00' C5 90°00'00" 30.00' 47.12' N44°54'42"W 42.43' SITUATED IN THEuo Given under my hand and seal of office, this day of 2013. c0 L6 N89"51'16"W 10.01' L22 S00°08'44"W 10.00' C6 90°00'00" 30.00' 47.12' S45°05'18"W 42.43' Engineer: o Kimley-Horn and Associates, Inc. HN H . MITCHELL SURVEY in L7 N89°54'42"W 14.50' . L23 N00°05'18"E 15.00' C7 35°24'30" 25.00' 15.45' S17°36'S6"E 15.21' 7 5750 Genesis Court NOTES: I i L8 N89°54'42"W 9.50' L24 N00°05'18"E 66.00' C8 35°29'37" 25.00' 15.49' N17°50'07"E 15.24' NOTARY PUBLIC in and for the STATE OF TEXAS Suite 200 ABSTRACT NO. 589cc Frisco, Texas 75034 .r g y I L9 N89°54'42"W _ 47.98' L25 - N00°05'18"E 90.00' C9 90°00'00" 30.00' 47.12' - N44°54'42"W - 42.43' ( ) CITY OF WYLIE, COLLIN COUNTY, TEXAS a 1. Bearings based on Texas State Plane Coordinate System Tel. No. 972 335-3580 per the City of Wylie Control Monuments No. 2,4 and 5. I L10 N00°05'18"E 15.00' L26 N00°05'18"E 66.00' C10 52°38'05" 50.00' 45.93' S63°46'16"W 44.33' Fax No. (972) 335-3779 4 L11 N89°54'42"W 58.59' C11 90'00'00" 30.00' 47.12' S45°05'18"W 42.43' Contact: Heath Voyles, PE N 2. Selling a portion of this addition by metes and bounds is a Kimley-Hornenn L12 S8s°54'03"W 19.88' C12 90°00'00" 30.00' 47.12' N4a°54'a2"W 42.43' 0 violation of City Ordinance and State Law and is subject to Owner: )- fines and withholding of utilities and building permits. L13 s89°54'03"W 45.27' C13 17°27'27" 30.00' 9.14' N08°49'02"E 9.11' Creekside Development, Inc. and As Inc. L14 589°54'03"W 33.27' C14 35°40'22" 30.00' 18.68' N35°22'56"E 18.38' 8235 Douglas Avenue I Coi 3. M.R.C.C.T. = Map Records, Collin County, Texas I Suite 650, LB-65 5750 Genesis Court, Suite 200 Tel. No. (972) 335-3580 u. R D.R.C.C.T. = Deed Records, Collin County, Texas I L15 N89°54'03"E 0.85' C15 36'52'12" 30.00' 19.31' N71°39'13"E 18.97' Dallas, Texas 75225 Frisco, Texas 75034 Fax No. (972) 335-3779 O.P.R.C.C.T. = Official Public Records, Collin County, L16 N89°sa'az"w 10.00' C16 90°00'00" 30.00' 47.12' S44°54'42"E 42.43' Tel. No. fir Scale Drawn by Checked by Date Project No. Sheet No. Texas IRecorded in Cabinet , Page , P.R.C.C.T. Contact: 0 1" = 50' MBM KHA 04/XX/2013 063362274 1 OF 1 r 0 '` - `' Wylie City Council - k AGENDA REPORT �ss��" Were or tst0 Meeting Date: June 11,2013 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 15,2013 Budgeted Amount: Exhibits: 1 Subject Continue a Public Hearing and consider, and act upon amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF)to accommodate a proposed single family residential subdivision on an approximate 28 acre tract generally located on South Ballard approximately 1000' south of Alanis. ZC 2013-01 Recommendation Motion to approve a request to withdraw a change in zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF) to accommodate a proposed single family residential subdivision on an approximate 28 acre tract generally located on South Ballard approximately 1000' south of Alanis. ZC 2013-01 Discussion Owner: Bank Site Acquisition Corp Applicant: Jagjit (JJ) Singh REQUEST TO REMOVE FROM TABLE The applicant is requesting to withdraw ZC 2013-01 to establish permanent zoning on an approximate 28 acre tract generally located south of Alanis on South Ballard. The property is currently zoned A/30 and almost completely surrounded by property that lies outside city limits. The original application was to change the zoning to Planned Development Single Family Detached (PD-SF) to allow for a suburban single family residential neighborhood that is consistent with the City's Comprehensive Plan for that area. However, at this time, there are still unresolved issues that preclude a favorable recommendation. Therefore, the applicant is requesting a withdrawal in order to resolve the challenges. These include: 1- The subdivision currently has no name or theme. PDs are required by Ordinance to be innovative in some way in order to break from standard zoning. Generally, the proposed PD is presenting much smaller lots, with minor improvements over the minimum requirements and very little innovative quality. Page 1 of 2 Page 2 of 2 2- The detention area is not resolved satisfactorily. 3- There is significant opposition by neighboring property owners regarding the lot size and number of lots. 4- The south entrance may become an emergency only entrance, and if so, how will it be established. The applicant will work with staff and resubmit the PD at a later date. Planning Commission Discussion Several property owners from the Colonial Estates Subdivision located in the County were in attendance. All spoke against the development of small lots. They would prefer consistency with surrounding area, such as 1/2 acre lots or greater. The Commission voted 6-0 to recommend Withdrawal. Exhibit "A" Legal Description Zoning Case#2013-01 BEING a tract of land situated in the H. Douglas Survey, Abstract No. 292, City of Wylie, Collin County, Texas, the subject tract being a portion of a tract of land conveyed to Bank Site Acquisition Corporation according to the deed recorded in Document Number 20060221000229610 of the Deed Records, Collin County, Texas (DRCCT), the subject tract being more particularly described as follows; BEGINNING at %" iron rod with plastic cap stamped "SPIARSENG" set for the northeast corner of the subject tract and for the southeast corner of a tract conveyed to Jeffrey Dutschke, recorded in Document Number 00-0001592 DRCCT, and being on the west line of S. Ballard Avenue (a variable width public right-of-way); THENCE S 00°18'11" W, 725.51 feet along the common line thereof to a %" iron rod with plastic cap stamped "SPIARSENG" set for the southeast corner of the subject tract; THENCE N 87°27'25" W, PASSING 11.27 feet a 3/8" iron rod found for the northeast corner of Colonial Acres Estates, an addition to the City of Wylie, recorded in Volume 6, Page 39 of the Plat Records, Collin County, Texas, passing at 1413.67 feet a %" iron rod found for the northeast corner of Estates Lane (a called 60 foot right-of-way) per the aforementioned plat, continuing along the north line of Colonial Estates a total distance of 1783.87 feet to a %" iron rod with plastic cap stamped "SPIARSENG" set for the southwest corner of the subject tract and the northwest corner of Colonial Acres Estates, and being the southeast corner of a tract conveyed to Woodbridge Properties, LLC, recorded in Document Number 97-0032076 DRCCT; THENCE N 16°37'45" E, 33.02 feet along the common line thereof to a 5/8" capped iron rod found; THENCE N 01°12'16" E, 637.35 feet continuing along the common line thereof to a to a /" iron rod with plastic cap stamped "SPIARSENG" set for the northwest corner of the subject tract and for the southwest corner of a tract conveyed to Nicklas Peter, recorded in Volume 1996, Page215 DRCCT; THENCE S 89°15'51" E, 733.25 feet along the common line thereof to a to a %" iron rod found for the southeast corner of said Peter tract and for the southwest corner of a tract conveyed to Bennie Blakey & James Blakey, recorded in Document Number 94-0024429 DRCCT; THENCE S 89°16'22" E, along the common line thereof, passing the common corner between said Blakey tract and said Dutschke tract, continuing along the south line thereof a total distance of 1030.00 feet to the PLACE OF BEGINNING with the subject tract containing 1,233,642 square feet or 28.321 acres of land. i . aµ 1 MI i :mom liami Nam hie N - 11\mUmPinRnnnun►1►im n� .�inion■. ____I: --- :tsilir_i 0In nui Z • ■ • MI MN C� NMI im -nn"MM� � VD b -_ ZMI INE It 1 I'MI ll►' -111 > al W A nue SmithBill ND N Avulati , l :ill Mtn I • 1-41111 -% .ko IMIN ___,J < O • _ .� "ill � n . 1 J 11 lL [ 11k ,., f�lfl - I U11111 PI - � i :.iiiiil�� l w111 _ - . 1� I If : mi : j � , /r �� M,� • iFn.,k w .v • J _ I 1 - • , ,,,yt Fail i et. till i: I�� I I II I i tit r . I L V) U / [ III _1—I_.I E,' Z n NMBae rarer A. \ L ,a RO, — _/ PROPERTY uaxrs 8 ',.,. / LOCATION W Cti UJ _ Bennie Blakey& / ,I Z Nickles Peter Amos Blakey _—'IN '4 o:No.sr-0.9 / crya. ,. ver ma.4 zrs tea ti e� u x Doc I.00-0001592 Outeaxke ?gI u c (POINT OF YJ U� --- mx�.- a r.Y 5BB°IB61•E- IBEGINNING� ar/z'wr / -Z Lu / '106.� 1n'mr N® x as ui 5P9'1912'E-fp9agO s/C'� r/e'wn I`( WOODBPJDGE PROPER11E5,LEG` '''- 4V 1 o LOCATION MAP ® ® A A A A A ® A A A ® A A v A ® A A A A ,Aii tN4 Open Space/Park or/r wr m ® Proposed Street,50'R.O.W.(Typ.) ® Q++n� t1.5 Acres Proposed S / A U\Jl Proposed et,50'R.O.W. .''50'R.o.w. , y 'RV-� / � x�� e NM n, 11.1 m ro'N+ 0 U \.G N r 3Ts Ac4uI 3oN oxro M. nae.Neu, Bxzm zvxa0 111 CC �. APPROXIMATE P e or •.e. S ON SURbc,O 50'R.O.W.'-�38 r rasrxc are w _.- LOCATION OF -� _ .. W ✓T R P C S N a I t V ,00 -_-" • HIGHLAND OAKS zor P b J V I �"/ CU - I 1� A A A A A ;, CU Ll qq J / r' _ __ 24'TEMPORARY ACCESS N + 0- 83 A DRIVE TO BE REMOVED V } r/r wr NBTLYIgW..1JH38T IIIIInIIIIIII 11111 g, WITH CONNECTION TO �'Q" ~a- B2 I (in-s ass'c rm.ay r/a m` I,aBs HIGHLAND OAKS DRIVE >00 0 o tAt -' / O ' saw' IN PHASE 2 Q N z C..) HIGHLAND RIDGE DRIVE oNr B1 9 rsi O Z / 8 U a 80 ® a I 2 4 =h 0" J9 _ COLONIAL ACRES ESTATES A. "E%HIBIT" �. W14 METES AND BOUNDS DESCRIPTION Qv go 78 -- I�� 8 Bank Site Acquistion Corporation Tract a tract of land situated in the H.Douglas Survey.Abstract No.292.City of O Wylie.S of land COLONIAL 1 e 3 .. the subject tract tieing more particularlydRecords. s. Collin County. Issue Dates:(a wxe airs,mry (0x cpt Waco described . _ 5/6/13 _________ .______ nokheast comer of the subject troot and for the southeast corner of a tract and being on he west line of S. Ballard Avenue (a variable width public , THENCE S 00.18'11.'Yit 725,1 feet along the common line thereof to a I2.iron qJ 4 wp stamped SpIARCFNc xf for ties sauthaoet coer/of the o O 060' /8".iron rod round vr the n passing at . recorded in Volume 6,Page 39 of the Plat Records.CoHin County.Texas.passing 1nT SUMMARY n (a --wayl p continuing along . north line,C,onio/Estates a total distance of 1783.87 rev to o l iron rod 50'x 120' 68 59% A 60'x 120' 46 41% 1 to 25 wcav I I,mber eI-o 017, "'arid s vmpen�e",ue,reto'ded'n Botamenf 33.02 feet along the common une thereof to a s/8' a= • 11161 _ 9 _ tapp.e nq BENct ng'5,IAt+SPNc" set for the northwest • 4.1 D.U.A f m �e2 1 a treat conveyed to • - Nick.Peter,recorded in volume 1996,Page 215 DR., . THENCE S 59.15'51.E.733.25 feet along the common line thereof to a 1/2'.iron rod found fob the southeast comer of said Peter tract and for the southwest BI y damee er y recorded in `;tole. 1' 1W' --_--_— 0ocumenl Number 94-0024429 ORCci, prawn y: Checked, THENCE S 89.16.22.E,along the common line thereof.passing the common By: -- RAW wrtn the n b1 tmcl canto g q a teat ar 281 1 acres a Iona. Sheet 1 TYPICAL LOT CONFIGURATION • of 1 • OB µ12-,07 2 NOTIFICATION REPORT APPLICANT: J.J. Singh with Megatel Homes APPLICATION FILE 2013-01 5512 W. Plano Parkway #300 Plano, TX 75093 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant - J.J. Singh 512 W. Plano Parkway #300 1 Megatel Homes Plano, Texas 75093 Woodbridge Addn 5773 W. Premier Lane 2 Blk R Lot 1 R-9178-00R-0010-1 George Strippoli Herriman, UT 84096 Woodbridge Addn 1905 Highland Oaks Drive 3 Blk H Lot 81 R-9178-00H-0810-I David Wolfe Wylie, Texas 75098 Woodbridge Addn 1903 Highland Oaks Drive 4 Blk H Lot 82 R-9178-001-I-0820-1 Tarlok Dhot Wylie, Texas 75098 Woodbridge Addn 1901 Highland Oaks Drive 5 Blk H Lot 83 R-9178-00H-0830-1 Barbara Shafer Wylie, Texas 75098 Twin Lakes PO Box 2408 6 Blk A Lot I R-2462-00A-0010-1 North Texas Municipal Water District Wylie, Texas 75098 Twin Lakes 385 E. Green Street #2602 7 Blk A Lot 2 R-2462-00A-0020-1 Frank McNally Pasadena, CA 91 101 Twin Lakes 102 Martin Drive 8 Blk D Lot 47 R-2462-0OD-0470-1 Bermudez Alvarez Wylie, Texas 75098 Twin Lakes PO Box 2408 9 Blk D Lot 48 R-2462-00D-0480-1 North Texas Municipal Water District Wylie, Texas 75098 12900 Preston Road #1040 10 Abst 292 Tract 4 R-6292-000-0040-1 Bank Site Acquisition Corporation Dallas, Texas 75230 300 Country Club Road #100 11 Abst 660 Tract 3 R-6660-000-0030-1 City of Wylie Wylie, Texas 75098 12 13 14 15 16 r——i r——� �I �in1rli""n I �1 Ve Alanis D � I n 1) �)1, f1 'Tr sii':'',,1011„5-1.11-11.010-1,191!,-Nitintimpii1111.011-50111!1111110,11.110EI �� N it , 'Colonial Drive • Loqi • �� N eadowlark ane I I': o Ills: nd Hi Wands Drive OWNER NOTIFICATION MAP ZONING CASE#2013-01 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 11, 2013 Item Number: 2 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: May 27, 2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, the recommendations of the 2013 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Historic Review Commission, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2013 and end June 30, 2015/16. Recommendation Motion to accept the recommendations of the 2013 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Historic Review Commission, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2013 and end June 30, 2015/16. Discussion Article 8, Section lA of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. The City Council has prescribed the purpose, composition, function, duties, accountability and the tenure of each board, commission and committee. The Public Information Officer and City Secretary's Office began an active campaign to solicit for Board and Commission applications by utilizing the Wylie News, eWylie, Facebook, all municipal facilities and current board and commission members. Staff also utilized the City's Website by offering application submittals on- line. An interview panel, consisting of three council members was used to conduct interviews of all applicants. All applicants were personally contacted to schedule an informal meeting, in open session, with the Boards and Commission Council Interview Panel. Council members appointed by the City Council for 2013 are: Mayor pro tem Nathan Scott, Chair; Councilman Todd Wintters, and Councilman Keith Stephens who was the alternate in Page 1 of 2 place of Councilwoman Diane Culver who was unable to attend. The Panel met with applicants on Monday, May 20th, Wednesday May 22nd, and Thursday May 23, 2013 to conduct interviews and deliberate their choices to recommend to the full council. The Council feels that the entire process is helpful to them in making appointments and offers an opportunity to understand some of the visions the applicants have for the community. The 2013 Boards and Commission Council Interview Panel have attached their recommendations for Council consideration and action. In addition to the applicant positions recommended, the panel has recommended replacements should a vacancy occur and a replacement appointment is needed. All replacement appointments will come before council as they occur. City Council Interview Panel 2013 Board and Commission Recommendations Animal Shelter Advisory Board; Staff Liaison - Lt. Mike Atkison 972-442-8183 PLACE NAME VACANCIES(2) SEEKING REAPPOINTMENT APPLICANT AWARDED POSITION Current Members 1 Chuck Kerin (Veterinarian) 2 Amy Nutz (Animal Welfare Org) 3 Shelia Patton (Shelter Employee) x n/a Shelia Patton(Shelter Employee) 4 Diane Culver(Public Official) x n/a Diane Culver(Public Official) 5 David Lewis (Wylie Resident) Recommended Replacement#1 should a vacancy occur Angie McCrary(Wylie Resident) Recommended Replacement#2 should a vacancy occur Terry Self(Animal Welfare Grp) Construction Code Board; Staff Liaison - Interim Building Official,Todd White 972-516-6420 PLACE NAME VACANCIES (6) SEEKING REAPPOINTMENT APPLICANT AWARDED POSITION Current Members Alt Terry Benjamin(citizen-resident) x Dale Davenport,Alt. Alt Bobbie Heath,Jr. (contractor) x x Bobby Heath,Jr.,Alt. Alt Robert Hunter(contractor) 1 Michael Grubbs (contractor) 2 David Williams (citizen-resident) 3 Sunil Verma (citizen-resident) 4 Bryan Rogers(citizen-resident) x x Bryan Rogers(citizen) 5 Brian Huddleston (citizen-resident) x Sonny Lee Mosby(citizen) 6 Zachary Herrera (citizen-resident) x x Zachary Herrera (citizen) 7 Billy McClendon (retired electrical engineer) x x Billy McClendon (electrical eng.) Recommended Replacement#1 should a vacancy occur Recommended Replacement#2 should a vacancy occur Historic Review Commission; Staff Liaison - Planning Director, Renae 011ie 972-516-6322 PLACE NAME VACANCIES (7) SEEKING REAPPOINTMENT APPLICANT AWARDED POSITION Current Members 1 n/a Jon Lewis(Wylie Historic Society) 2 n/a Kathy Spillyards(Vested in City) 3 n/a Bobby Heath Jr.(DMA Member) 4 n/a Bob Heath Sr. (Lanmark Property) 5 n/a Tommy Pulliam Page 1 of 4 City Council Interview Panel 2013 Board and Commission Recommendations 6 n/a Alexis Tapp(Landmark Property) 7 n/a Jeremy Stone(Preservationalist) Recommended Replacement#1 should a vacancy occur Chris Scorgie Recommended Replacement#2 should a vacancy occur Todd Abronowitz Library Board; Staff Liaison - Library Director, Rachel Orozco 972-516-6250 PLACE NAME VACANCIES (5) SEEKING REAPPOINTMENT APPLICANT AWARDED POSITION Current Members 1 Mindy Ayers x x Mindy Ayers 2 Candiece Arrington (not reapplying) Dorothy Corbin Brand 3 Shirley Burnett x x Shirley Burnett 4 Timothy McCray(not reapplying) Kathy Schwartz 5 Margaret Sichter(vacancy) Todd Abronowitz 6 William Whitney 7 Geraldine Washington Recommended Replacement#1 should a vacancy occur Liz Tamez Recommended Replacement#2 should a vacancy occur Eric Yanou Parks and Recreation Board; Staff Liaison - Recreation Superintendent, Robert Diaz 972-516-6340 PLACE NAME VACANCIES(3) SEEKING REAPPOINTMENT APPLICANT AWARDED POSITION Current Members 1 Jeremy White 2 Daniel Chesnut x x Daniel Chesnut 3 Jeff Harris x x Jeff Harris 4 Lisa Ulmer 5 Jim Ward x x Jim Ward 6 Emmett Jones 7 Matt Rose Recommended Replacement#1 should a vacancy occur Eric Staten Recommended Replacement#2 should a vacancy occur Megan Frank Parks and Recreation 4B Board; Staff Liaison - Recreation Superintendent, Robert Diaz 972-516-6340 PLACE NAME VACANCIES(5) SEEKING REAPPOINTMENT APPLICANT AWARDED POSITION Current Members 1 Cristine Price (not reapplying) x Coda Hampton Page 2 of 4 City Council Interview Panel 2013 Board and Commission Recommendations 2 Dan Chesnut(Park Rep) x x Daniel Chesnut 3 Anne Hiney(not reapplying) x Jeff Harris 4 Kathy Spillyards(vacancy) x Nathan Scott 5 Eric Hogue (Council) 6 David Goss(vacancy) x Keith Stephens 7 Rick White(Council) Recommended Replacement#1 should a vacancy occur Bennie Jones (coumcilman) Recommended Replacement#2 should a vacancy occur Jim Ward (citizen/parks) Planning and Zoning Commission; Staff Liaison - Planning Director, Renae 011ie 972-516-6322 PLACE NAME VACANCIES (3) SEEKING REAPPOINTMENT APPLICANT AWARDED POSITION Current Members 1 Gilbert Tamez 2 Ruthie Wright(not reapplying) x Dennis Larsen 3 Ramona Kopchenko(not reapplying) x Mike McCrossin 4 Ronald Smith 5 Darnell Harris 6 Phillip Johnston 7 David Dahl x x David Dahl Recommended Replacement#1 should a vacancy occur Randy Owens Recommended Replacement#2 should a vacancy occur Jennifer Lacy Public Arts Advisory Board; Staff Liaison - City Secretary, Carole Ehrlich 972-516-6023 PLACE NAME VACANCIES (3) SEEKING REAPPOINTMENT APPLICANT AWARDED POSITION Current Members 1 James Lenox(not reapplying) x Britt Volker 2 Gaynell Reed x x Gaynell Reed 3 Susan Spurgin x x Susan Spurgin 4 DeeAnn Ross 5 Lynn Grimes 6 Lisa Green 7 Anne Hiney Recommended Replacement#1 should a vacancy occur Kathy Spillyards Recommended Replacement#2 should a vacancy occur Alexis Tapp Page 3 of 4 City Council Interview Panel 2013 Board and Commission Recommendations Wylie Economic Development Corporation Board; Staff Liaison -WEDC Executive Director, Sam Satterwhite 972-442-7901 PLACE NAME VACANCIES(2) SEEKING REAPPOINTMENT APPLICANT AWARDED POSITION Current Members 1 Mitch Herzog x x Mitch Herzog 2 Marvin Fuller x x Marvin Fuller 3 Demond Dawkins 4 John Yeager 5 Todd Wintters Recommended Replacement#1 should a vacancy occur Richard DeBlasi Recommended Replacement#2 should a vacancy occur Gabriel Gbayisomore Zoning Board of Adjustments; Staff Liaison -Planning Director, Renae 011ie 972-516-6321 PLACE NAME VACANCIES (2) SEEKING REAPPOINTMENT APPLICANT AWARDED POSITION Current Members Alt Bryan Rogers x William Hiney,Alt Alt Kevin Finnell 1 Linda Jourdan x x Linda Jourdan 2 Jason Potts 3 William Baumbach 4 Karyn McGinnis 5 Kelly Price Recommended Replacement#1 should a vacancy occur Margaret Smith,Alt. Recommended Replacement#2 should a vacancy occur Page 4 of 4 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 3, 2013 Item Number: 3 Department: City Manager (City Secretary's Use Only) Prepared By: City Manager Account Code: N/A Date Prepared: June 3, 2012 Budgeted Amount: N/A Exhibits: 4 Subject Consider and act upon, Ordinance No. 2013-24 approving and adopting Rate Schedule "RRM — Rate Review Mechanism" for Atmos Energy Corporation, Mid-Tex Division to be in force in the City 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 of this ordinance to the company and ACSC legal counsel. Recommendation Motion to approve, Ordinance No. 2013-24 approving and adopting Rate Schedule "RRM — Rate Review Mechanism" for Atmos Energy Corporation, Mid-Tex Division to be in force in the City 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 of this ordinance to the company and ACSC legal counsel. Discussion The City, along with 154 other cities served by Atmos Energy Corporation, Mid-Tex Division ("Atmos Mid- Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"). In 2007, ACSC and Atmos Mid-Tex agreed to implement an annual rate review mechanism for Atmos Mid-Tex, known as the Rate Review Mechanism ("RRM"), as a temporary replacement for the statutory mechanism known as GRIP (the "Gas Reliability Infrastructure Program"). This first RRM tariff expired in 2011, and although ACSC and Atmos Mid-Tex met many times to attempt to reach an agreement on a renewed or replacement tariff, they were unable to do so. Atmos Mid-Tex filed a full rate case in 2012. The resulting rates were approved by the Railroad Commission in December 2012 in G.U.D. No. 10170. ACSC and the Company renewed discussions to develop revisions to the RRM tariff, and have reached a tentative agreement on the form of the RRM tariff to be in effect for a four-year period from 2013 to 2017. If the RRM process is to continue to function as a substitute for the GRIP process, cities that exercise original jurisdiction must adopt a tariff that authorizes the process. For the reasons outlined below, the ACSC Executive Committee and ACSC legal counsel recommend approval of the new RRM tariff by all ACSC member cities. Page 1 of 3 Page 2 of 3 RRM Background: The RRM tariff was originally approved by ACSC member cities as part of the settlement agreement resolving the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. The RRM process was created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP rate adjustment process. GRIP, like the RRM, is a form of expedited rate relief for gas utilities that avoids the long and costly process of a full rate filing. However, ACSC strongly opposes the GRIP process because it constitutes piecemeal ratemaking, does not allow any review by cities of the reasonableness of capital expenditures, and does not allow participation by cities in the Railroad Commission's review of the annual GRIP filings, or recovery by cities of their rate case expenses. The Railroad Commission undertakes only an administrative review of GRIP filings (instead of a full hearing) and the rate increases go into effect without any material adjustments. In ACSC's view, the GRIP process unfairly raises customers' rates without any real regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings. Purpose of the Ordinance: The purpose of the Ordinance is to approve the RRM tariff("Attachment A") that reflects the negotiated RRM process. For the RRM process to continue, cities exercising original jurisdiction must approve a tariff that authorizes the process. Reasons Justifying Approval of the Negotiated RRM Tariff: 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. The Company has agreed that for the first filing under the revised RRM tariff, there will be no increase to the residential customer charge. Thus, some of the primary benefits of the attached RRM tariff are that it moderates the impact of rate adjustments on residential customers by not changing the residential customer charge for the first RRM period. In subsequent years only 40% of the proposed increase in revenues to the residential class will be recovered through the fixed customer charge, and in no event will the residential customer charge increase by more than $.50 per month. No such constraints exist under the GRIP process. Additionally, the attached 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 Page 3 of 3 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 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. Explanation of`Be It Ordained" Paragraphs: 1. This section approves all findings in the Ordinance. 2. This section adopts the attached RRM Tariff("Attachment A") and finds the adoption of the tariff to be just, reasonable, and in the public interest. Note that only the new tariff being revised is attached to the Ordinance. The initial RRM Tariff has expired by its own terms, and other existing tariffs not being changed in any way are not attached to the Ordinance. 3. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 4. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 5. This section is a savings clause, which provides that if any section 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. 6. This section provides for an effective date upon passage. 7. This section paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for ACSC. ORDINANCE NO. 2013-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE TEXAS, ("CITY") APPROVING AND ADOPTING RATE SCHEDULE "RRM—RATE REVIEW MECHANISM" FOR ATMOS ENERGY CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY 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 OF THIS ORDINANCE TO THE COMPANY AND ACSC LEGAL COUNSEL. WHEREAS, the City of Wylie Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City 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 City to review rate increases, and constitutes piecemeal ratemaking; and WHEREAS, the RRM process permits City review of requested rate increases and provides for a holistic review of the true cost of service for Atmos Mid-Tex; and 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 Ordinance No.2013-24-Atmos Energy Corporation Rate Schedule"RRM—Rate Review Mechanism" Page 1 of 4 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 CITY COUNCIL OF THE CITY OF WYLIE 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 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 City. Section 3. That to the extent any resolution or ordinance previously adopted by the City 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. Ordinance No.2013-24-Atmos Energy Corporation Rate Schedule"RRM—Rate Review Mechanism" Page 2 of 4 PASSED AND APPROVED this 11th day of June, 2013. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Ordinance No.2013-24-Atmos Energy Corporation Rate Schedule"RRM—Rate Review Mechanism" Page 3 of 4 Attachment A Ordinance No.2013-24-Atmos Energy Corporation Rate Schedule"RRM—Rate Review Mechanism" Page 4 of 4 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-Wide" 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. Ill. 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 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 Test Period adjusted for known and measurable items and prepared 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-Wide 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. 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 IV. Annual Rate Adjustment 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 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 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 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. 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 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 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; 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 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; 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. Reasons Justifying Approval of the Negotiated RRM Tariff: 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. The Company has agreed that for the first filing under the revised RRM tariff, there will be no increase to the residential customer charge. Thus, some of the primary benefits of the attached RRM tariff are that it moderates the impact of rate adjustments on residential customers by not changing the residential customer charge for the first RRM period. In subsequent years only 40% of the proposed increase in revenues to the residential class will be recovered through the fixed customer charge, and in no event will the residential customer charge increase by more than $.50 per month. No such constraints exist under the GRIP process. Additionally, the attached 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 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 2 3562173.1 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. Explanation of"Be It Ordained" Paragraphs: 1. This section approves all findings in the Ordinance. 2. This section adopts the attached RRM Tariff ("Attachment A") and finds the adoption of the tariff to be just, reasonable, and in the public interest. Note that only the new tariff being revised is attached to the Ordinance. The initial RRM Tariff has expired by its own terms, and other existing tariffs not being changed in any way are not attached to the Ordinance. 3. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 4. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 5. This section is a savings clause, which provides that if any section 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. 6. This section provides for an effective date upon passage. 7. This section paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for ACSC. 3 3562173.1 The New RRM: How Does It Stack Up? RRM (2007-2011) GRIP • Negotiated limits to the amount of increase included in • All increase included in customer charge. customer charge. • Less money requested from ratepayers, because it considers • More costly to ratepayers, because it does not consider the the Company's entire cost of providing service, including Company's entire cost of providing service, including declining expenses. declining expenses. • Cities can review reasonableness of expenses and negotiate • Cities have no input as to reasonableness or recovery of disallowances. expenses. • Reimbursement of Cities' rate case expenses. • No reimbursement of Cities' rate case expenses. • Cities can order reductions to requested increase. • No reduction in requested increase. • Better working relationship between Cities and Company. • Poorer working relationship between Cities and Company. New RRM Tariff • Includes limits on percentage of increase to be included in monthly customer charge. • Shorter turn-around on discovery. • Technical conference to expedite receipt of information from Company. • No post-test year adjustments. • Time limit for O&M known and measurable adjustments. • Reduction in requested increase of at least $3 million each year. • Tracks the methodologies approved by the Railroad Commission in the most recent Mid-Tex rate case. 3561909.1