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09-14-2010 (City Council) Agenda Packet Wylie City Council CITY FW IE NOTICE OF MEETING Regular Meeting Agenda September 14, 2010 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter 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: wwwwylietexas,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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION 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. September 14,2010 Wylie City Council Regular Meeting Agenda Page 2 of 5 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 August 24, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approving a request for the Wylie Citizen's Police Academy Alumni Association to sell items at Olde City Park on Tuesday, October 5, 2010 during National Night Out. (R. Diaz, Recreation Supervisor) C. Consider, and act upon, approving a request for the Wylie Women's League to hold a craft fair and sell items at Olde City Park on Saturday, November 13, 2010. (R. Diaz, Recreation Supervisor) D. Consider, and act upon, Ordinance No. 2010-15 amending the zoning from Agricultural 30 (AG/30) District to Commercial Corridor (CC) District, generally located at the northeast corner of S.H. 78 and E. Brown Street. ZC 2010-03 (R. 011ie, Director of Planning) E. Consider and act upon, Resolution No. 2010-29 authorizing the City Manager to execute an Interlocal Agreement with the City of Fate for dispatch services for a one year term beginning October 13, 2010, annually renewable at cost plus administrative fees. (R. Corbin, Fire Chief) RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 1. Consider, and act upon, approval of the Minutes from the September 8, 2009 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 2. Consider, and act upon, approval of the FY2010-2011 4B Budget and authorize expenditures for the FY 2010-2011 Community Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director) 3. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2011 and ending December 31, 2012 (C. Ehrlich, City Secretary) ADJOURN September 14,2010 Wylie City Council Regular Meeting Agenda Page 3 of 5 RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2010-16 of the City Council of the City of Wylie, Texas, ("city") approving a negotiated resolution between the Atmos Cities Steering Committee ("ACSC" or "Steering Committee") and Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") regarding the company's third rate review mechanism ("RRM") filing in all cities exercising original jurisdiction; Declaring existing rates to be unreasonable; Requiring the company to reimburse cities' reasonable ratemaking expenses; Adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; Approving Atmos Mid-Tex's proof of revenues; Extending the RRM process for two cycles and adopting a new RRM Tariff; Ratifying the settlement agreement, including cost recovery for a steel service line replacement program; Adopting a savings clause; Determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; Declaring an effective date; and requiring delivery of this Ordinance to the Company and the Steering Committee's legal counsel. (M. Manson City Manager) Executive Summary The City of Wylie, along with approximately 148 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"). On or about March 15, 2010,Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. This is the third RRM filing under a three year experimental program. Public Hearing 2. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2006-04, Article 5, Section 5.1.D (Office), 5.1.E (Recreational, Entertainment, and Amusement), 5.1.F (Retail, Personal Service & Commercial), and 5.1.J (Accessory Uses); allowing for and providing certain safeguards and parking requirements relating to office, amusement, and retail and accessory uses, specifically Financial Institutions, Commercial Amusement, Car Washes and Home Occupations. (R. 011ie, Planning Director) Executive Summary In researching permitted uses associated with office, retail, personal services and commercial uses, and where such uses are located throughout the city, including parking requirements for various indoor commercial amusement facilities, staff offers several amendments in an effort to better streamline and quantify certain use categories. Specific uses researched include financial institutions, car washes, commercial amusement or recreation, inside, and home occupations. The elements that are surrounded by these type uses need to be specifically addressed. High volume traffic areas need some oversight. September 14,2010 Wylie City Council Regular Meeting Agenda Page 4 of 5 General Business 3. Consider, and act upon, Ordinance No. 2010-17 adopting a budget and appropriating resources for Fiscal Year 2010-2011, beginning October 1, 2010, and ending September 30, 2011. This ordinance also authorizes approval of the FY 2010- 2011 4B Budget and authorizes expenditures for the FY 2010-2011 Community Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director) Executive Summary The tax rate being proposed for Fiscal Year 2010-2011 is $0.8989 per $100 of assessed valuation. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. The adoption of the FY 2010-2011 tax rate is presented as a separate agenda item. 4. Consider, and act upon, Ordinance No. 2010-18 fixing the tax rate/levy for Tax Year 2010 and Budget Year FY 2010-2011 at $0.89890 per $100 of assessed valuation. (L. Vaughan, Finance Director) Executive Summary The tax rate needed to fund the FY 2010-2011 budget is $0.89890 per $100 of assessed valuation. The tax rate is broken down with $0.60085 being used for operations and maintenance and $0.29805 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$13,194,123 for the General Fun and $6,544,909 for the I& S Fund. The adopted Fiscal Year 2010-2011 budget requires the support of the ordinance for funding. 5. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. (L. Fagerstrom, H.R. Manager) Executive Summary United Healthcare, represented by Wylie Insurance Agency, has tailored a plan to closely maintain the current level of coverage for the City of Wylie for medical and dental insurance. The premium rates quoted by United reflect a 24.1% increase for medical and 8% increase for dental for the term of October 1, 2010, through September 30, 2011. The changes to the plan are reflected on an attachment, including the plan changes and increases applicable to those employees who cover dependents. There are no benefit changes to the dental, life or long term disability plans. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.087 (Economic Development Negotiations) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). • Recess into Closed Session in compliance with Section 551.087 of the Texas Government Code, in order to deliberate regarding commercial or financial information that the city has received from a business prospect and to deliberate the offer or other incentives to a business prospect. 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. September 14,2010 Wylie City Council Regular Meeting Agenda Page 5 of 5 WORK SESSION ■ Discussion regarding CWD rate increase request. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION 1 certify that this Notice of Meeting was posted on this 10th day of September, 2010 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 Wylie City Council CITY OF WYLIE q Minutes Wylie City Council Tuesday, August 24, 2010 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:03 p.m. with the following Wylie City Council members present: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, Councilman Rick White, and Councilman Bennie Jones. Mayor Pro Tem Red Byboth was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Building Official, Mike McAnnally; Fire Chief, Randy Corbin; Police Chief, John Duscio; Finance Director, Linda Bantz; Library Director, Rachel Orozco; Construction Manager, Shane Colley; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Corbin gave the invocation and Police Chief Duscio led the Pledge of Allegiance. PRESENTATION • Cotton Belt Corridor Study and Eastern Terminus Alternatives (City of Plano) Representatives from DART and Frank Turner, Deputy City Manager for the City of Plano offered several alternative service routes for the eastern extension of the Cotton Belt Line planned to extend to Wylie and beyond. They asked council to contact DART with recommendations as to which alternative service route was preferred. Plans for beginning the eastern extension was being reviewed by NTCOG and was anticipated within the next few years. Extensions to Wylie and beyond would be completed when usage and traffic numbers reflected the need. 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. Minutes August 24, 2010 Wylie City Council Page 1 John Onufreiczuk, residing at 3103 Bryce Drive, Wylie, and Elizabeth Welch, representing the Sage Creek HOA and Select Management Company, respectively addressed council concerning code violations within the Sage Creek Community. Don Hallum and former council woman Rita Allen addressed council thanking them for the consideration of using the current Rita and Truett Smith Library for a senior center once the library staff moves to the new Municipal Complex. 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 August 10, 2010 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 as of July 31, 2010 (L. Bantz, Director of Finance) C. Consider and place on file the Wylie Economic Development Monthly Revenue and Expenditure Report as of July 31, 2010 (S. Satterwhite, WEDC) D. Consider, and act upon, approval for a Replat of the Williams Addition, Block A, Lots 3-5 creating three commercial lots. Subject property being generally located north of FM 544 and approximately 825 feet west of Springwell Parkway. (R. 011ie, Director of Planning) E. Consider and act upon, Ordinance No. 2010-13 amending Section 3 of Ordinance 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (C. Holsted, City Engineer) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing on the City of Wylie Fiscal Year 2010-2011 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item on the proposed budget; and set and announce the date, time, and place of the meeting at which Council will vote on the fmal proposed budget. (L. Bantz, Director of Finance) Minutes August 24, 2010 Wylie City Council Page 2 Staff Comments Finance Director Bantz addressed council stating that a Public Hearing is required to be held on the fiscal year 2010-2011 Proposed Budget. In addition the date, time, and place that the vote will be taken on the final proposed budget must also be scheduled. Bantz explained that all interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. She explained that at the end of the hearing, the City Council will schedule the date, time and place that the vote will be taken on the final proposed budget. This meeting is currently scheduled for September 14, 2010 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, TX. Public Hearing Mayor Hogue opened the public hearing for the FY 2010-2011 Proposed Budget at 6:35 p.m. asking anyone present wishing to address the council on this item to come forward and limit their comments to three minutes No citizens were present wishing to address the council; the mayor closed the public hearing at 6:35 p.m. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to set September 14, 2010 at 6:00 p.m. at the Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas as the date, time, and place for the approval of the FY 2010-2011 City of Wylie Budget. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. 2. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural 30 (AG/30) District to Commercial Corridor (CC) District, generally located at the northeast corner of S.H. 78 and E. Brown Street. ZC 2010-03 (R. 011ie, Director of Planning) Staff Comments Planning Director 011ie addressed council stating that the subject property is located at the northeast corner of S.H. 78 and E. Brown Street and consists of 2.772 acres. The property is currently zoned A-30 and has been used for warehousing/self-storage purposes in the past and has never been platted. FEMA Floodplain Zone "AE" runs along the northern property line and includes a heavily vegetated tree line. The applicant is requesting to rezone the property to Commercial Corridor (CC) District to allow for a convenience store selling gasoline, beer and wine. A zoning exhibit is attached hereto and made part of this request. The zoning exhibit depicts the proposed layout of the facility. A final site plan and final plat will be submitted to the Planning and Zoning Commission and the City Council for recommendation and approval. Ms. 011ie reported that the Planning and Zoning Commission vote 6-0 to recommend approval. Travis Henegar and Karen Mitchell, representatives for Racetrac Petroleum, Inc gave a short presentation regarding the design of the proposed facility. Public Hearing Mayor Hogue opened the public hearing for Zoning Case 2010-03 at 6:50 p.m. asking anyone present wishing to address the council on this item to come forward and limit their comments to three minutes. Jay Patel, residing at 202 S. Ballard Avenue, Wylie, spoke against the proposed zoning case. Allen Snider, residing at 213 Liberty Drive, Wylie, spoke against the proposed zoning case. Minutes August 24, 2010 Wylie City Council Page 3 With no one else wishing to address the council, the mayor closed the public hearing at 6:58 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman White to amend the zoning from Agricultural 30 (AG/30) District to Commercial Corridor (CC) District, generally located at the northeast corner of S.H. 78 and E. Brown Street. A vote was taken and the motion passed 5-1 with Mayor Hogue, Councilwoman Spillyards, Councilman Goss, Councilman White and Councilman Porter voting for and Councilman Jones voting against. Mayor Pro Tern Byboth was absent. General Business 3. Consider, and act upon, the appointment of a committee member to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School district City/Schools Partnerships Committee. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that in 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. Current City Council members are: Chair, Kathy Spillyards, Mayor Eric Hogue, and Council member Rick White. Also in attendance are: WISD Committee facilitator, Dr. John Fuller, and City of Wylie facilitator, City Manager Mindy Manson. City Manager Manson explained that Kathy Spillyards was re-elected to the Wylie City Council in 2010 leaving that position on the Subcommittee vacant per Ordinance No. 2005-55. Staff is requesting this position on the subcommittee be filled either by re-appointment or the selection of another council member to serve in this capacity. Council Discussion Councilman Goss reported that current members serving on the sub-committee are: WISD Trustee members: Chair, Barbara Goss; trustee member, Ronni Fetzer; and trustee member, Heather Leggett. Councilman Porter asked Councilwoman Spillyards if she was willing to serve again if appointed by council. Councilwoman Spillyards replied she would be pleased to serve again. Councilman Goss stated that Councilman Jones would be a good candidate to serve on the committee. He noted that Mr. Jones was very interested in youth. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to appoint Councilman Jones to the City/School Partnerships Committee to run concurrent with his term of office. A vote was taken and the motion failed 2-4 with Councilman Jones and Councilman Goss voting for and Mayor Hogue, Councilwoman Spillyards, Councilman White and Councilman Porter voting against. Minutes August 24, 2010 Wylie City Council Page 4 The mayor asked if there was any further discussion or action the council wished to take on this item. Council Action A motion was made by Councilman Porter, seconded by Councilman White to appoint Councilwoman Spillyards to the City/School Partnerships Committee to run concurrent with her term of office. A vote was taken and the motion passed 4-2 with Mayor Hogue, Councilwoman Spillyards, Councilman White and Councilman Porter voting for and Councilman Jones and Councilman Goss voting against. 4. Consider, and act upon,Resolution No. 2010-28 authorizing the City Manager to execute the Solar Electric Design and Installation Agreement between the City of Wylie and Meridian Solar, to be purchased through a State Energy Conservation Office's (SECO) Energy Efficiency and Conservation Block Grant Agreement. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed council stating that the City of Wylie has received both an EECBG grant and an Oncor Energy rebate for the design and installation of a PV solar electric system on the Wylie Municipal Complex. Once the funding agreements are finalized, and the City of Wylie gets the notice to proceed, the City will be required to enter into an agreement to design and install the PV solar system with an approved provider. Having the agreement in place in advance will allow us to begin construction sooner. The funds received from the ECBG grant and Oncor will pay for the entire system, the City of Wylie will not incur any costs. The agreement is contingent upon the City obtaining the promised funding for the project, should the funding not be received for any reason the agreement will be null and void. Meridian was recommended to us by CLEAResult Consulting (on behalf of Oncor) as an excellent provider with good experience and reputation. Meridian is on State Contract with the PV system so that all State mandated bidding requirements had been met. Council Discussion Councilman White asked how much of the overall electricity use will be provided through the solar system. Assistant City Manager Butters stated that the estimate was approximately 35,000 kilowatt hours per year would be provided with the solar system. The estimated overall consumption for the three buildings is 1.6 million kilowatt hours. Councilman Porter asked if the system could be added to in the future. ACM Butters replied that he did not believe the system could be added to but there was space for additional systems should the city want to increase the solar use. Council Action A motion was made by Councilman White, seconded by Councilman Jones to adopt Resolution No. 2010-28 authorizing the City Manager to execute the Solar Electric Design and Installation Agreement between the City of Wylie and Meridian Solar, to be purchased through a State Energy Conservation Office's (SECO) Energy Efficiency and Conservation Block Grant Agreement. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 5. Consider, and act upon, Ordinance No. 2010-14, Amending the Code of Ordinances of the City of Wylie by Adopting Article IX (Prohibition of Illegal Smoking Material) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Wylie Code of Ordinances and establishing "Illegal Smoking Products" ("Genie", "Dascents", "Zohai", "Sage", "K-2" and "KO Knock-Out 2, "SALVIA DIVINORUM) to Prohibit the Sale or Delivery of Illegal Smoking Materials to Persons and to Prohibit the Possession of Minutes August 24, 2010 Wylie City Council Page 5 Illegal Smoking Materials by Persons; Providing for Repealing, Savings and Severability Clauses; Providing for a Penalty for the Violation of this Ordinance," and Providing for the Publication of the Caption hereof. (I Duscio, Police Chief) Staff Comments Police Chief Duscio addressed council stating that the proposed ordinance defines "Illegal Smoking Product" as "any plant or other substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked." The Chief explained that these products have grown in popularity among young adults and juveniles. The substances are not yet categorized as illegal controlled substances under state or federal law; and the substances are often used as an alternative to marijuana and are potentially dangerous to users and the long term effects are not yet known. It has been determined that the effects of these substances are a health concern to the citizens of the City of Wylie. The purpose of this ordinance is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices within the city limits of the City of Wylie. Staff is recommending the approval of this ordinance. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to adopt Ordinance No. 2010-14 amending the Code of Ordinances of the City of Wylie by adopting Article IX (Prohibition of Illegal Smoking Material) of Chapter 74 of the Wylie Code of Ordinances and establishing "Illegal Smoking Products" ("Genie", "Dascents", "Zohai", "Sage", "K-2", "KO Knock- Out 2", and "SALVIA DIVINORUM") to Prohibit the Sale or Delivery of Illegal Smoking Materials to Persons and to Prohibit the Possession of Illegal Smoking Materials by Persons. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 6. Consider, and act upon, authorizing the purchase of a Fire Station Alerting System to be integrated with the existing Computer Aided Dispatch system and E9-1-1 from US Digital Designs in the amount of$167,713.75 (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed council stating that this proposal will provide for the addition of Fire Station Alerting and Automatic Computer Aided Dispatch of Fire/EMS apparatus in compliance with National Fire Protection Association standards and ISO recommendations. This will cut down on response times to citizens and allow simultaneous dispatch of multiple companies to multiple calls while keeping radio traffic free, and freeing up more time for dispatchers to administer emergency medical dispatch to callers. This is part of the upgraded Public Safety Communications system, and is funded through that project. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to authorize the purchase of a Fire Station Alerting System to be integrated with the existing Computer Aided Dispatch System and E9-1-1 from US Digital Designs in the amount of$167,713.75. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinances No. 2010-13 and 2010-14 into the official record. Minutes August 24, 2010 Wylie City Council Page 6 WORK SESSION • Discussion regarding the signage at the new Municipal City Complex (M. Manson, City Manager) City Manager Manson addressed council stating that staff was looking for direction regarding the signage at the new Wylie Municipal Complex. She explained that the city was required to stay within the sign ordinance requirements. She asked for direction regarding the preference between a single tenant sign (Wylie Municipal Complex) and a multi tenant sign (City Hall, Library and Recreation Center). She explained that if a single tenant sign was used, additional directional signs could be placed in the parking areas designating parking for each building. Direction from council was to bring back options for single and multi tenant signs with scrolling electronic signage and costs associated with those options; also include funding options for the signage. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman White, seconded by Councilman Porter to adjourn the meeting at 7:50 p.m. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes August 24, 2010 Wylie City Council Page 7 tri Wylie City Council CITY:F WYLIE AGENDA REPORT Meeting Date: September 14, 2010 Item Number: B. Division: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: August 24, 2010 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approving a request for the Wylie Citizen's Police Academy Alumni Association to sell items at Olde City Park on Tuesday, October 5, 2010 during National Night Out. Recommendation Motion to recommend approval for the Wylie Citizen's Police Academy Alumni Association to sell items at Olde City Park on Tuesday, October 5, 2010 during National Night Out. Discussion The Wylie Citizen's Police Academy Alumni Association would like to sell items as a fundraiser at Olde City Park during the National Night Out event on Tuesday, October 5, 2010. The funds raised will benefit their charitable organization. The Parks and Recreation Board at their Regular Meeting on August 23, 2010, unanimously approved the Wylie Citizen's Police Academy Alumni Association request to have the fundraiser event at Olde City Park. Approved By Initial Date Department Director RD 8/ 4/10 City Manager /1/i/j1 9 Q (0 Page 1 of 1 CITY OF YLIE " Romeo*eo* Vendor Registration Form NAME OF PERSON, ORGANIZATION, FIRM, CORPORATION, ETC. Name Wylie Citizen's Police Academy Alumni Association Contact Person Name Janet Draeger Address 2000 N Hwy 78 Address 2000 N Hwy 78 City, State Wylie,TX City, State Wylie, TX Phone No. 972-442-8170 Phone No. 214-284-7277 Email Email jlgraham31@gmail.com Website wyliecpaaa.org Emergency Contact Name Donna Valdepena Phone No. 214-677-7071 EVENT INFORMATION Date Start Time End Time Event Location 1. 10/5/2010 1700 2000 National Night Out Olde City Park 2. 3. 4. Expected Turn Out Target Audience Number of Vendors Items to be Sold 1. 1000 Citizens of Wylie 10 Glow necklaces, cold wraps 2. 3. 4. The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation,community center facilities,and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products.An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Sec.78-105. Peddling and vending of articles. It shall be unlawful for any person to solicit for sale, vend, peddle,sell or offer to sell any cold drinks,cigars,tobacco,cigarettes,fruits, candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility; provided, however,that this section shall not apply to any person, organizations,firms or corporations,or the agents of any person, or organization,firm or corporation,or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city. (Ord. No. 78-18,art. I, §7,6-13-1978;Code 1991,Ch. 1, §6.06;Code 1997, §78-105) 2000 Highway 78 North • Wylie,Texas 75098 • 972-442-8195 • www.wylietexas.gov Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 14, 2010 Item Number: C. Division: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: August 24, 2010 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approving a request for the Wylie Women's League to hold a craft fair and sell items at Olde City Park on Saturday, November 13, 2010. Recommendation Motion to recommend approval the Wylie Women's League to hold a craft fair and sell items at Olde City Park on Saturday,November 13, 2010. Discussion The Wylie Women's League would like to hold a craft fair fundraiser at Olde City Park on Saturday,November 13, 2010. The fair will feature arts and crafts booths, food, and other miscellaneous craft items. The funds raised will benefit their charitable organization. The Parks and Recreation Board at their Regular Meeting on August 23, 2010, unanimously approved the Wylie Women's League request to have the fundraiser event at Olde City Park. Approved By Initial Date Department Director RD 8/24/1 City Manager gin 1 )9ito Page 1 of 1 CITY Ofv flU CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION, INDIVIDUAL,ETC. EVENT INFORMATION Name Wylie Women's League Location Olde City park Address P.O.Box 2284 Wylie TX 75098 Date(s) Saturday, November 13, 2010 Phone No. 972-442-7495 Start Time 8:00 a.m. Alternate Phone No. 469-235-9341 End Time 5:00p.m. Contact Person Name Stacey Daniel Number of Individuals Vending Items 50-60 Address 321 South 4th Street Wylie TX 75098 Target Audience Everyone Phone No. 469-964-7425 Anticipated Number in Attendance at Event about 200 Alternate Phone No. 214-505-7305 Ella Garrett Specific Items to be Sold Homemade jellies, Emergency Contact Name Cathy Hanson quilts,jewerly, crafts, homebased businesses, (Mary Kay, Address 3407 Meandering Way Wylie TX 75098 Southern Living, etc) Phone No. 972-442-7495 Hm or 469-235-9341 cell Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares, and merchandise within the city park or recreation or community center facilities of the city. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 14, 2010 Item Number: D. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 25, 2010 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2010-15 amending the zoning from Agricultural 30 (AG/30) District to Commercial Corridor (CC) District, generally located at the northeast corner of S.H. 78 and E. Brown Street. ZC 2010-03 Recommendation Motion to approve Ordinance No. 2010-15 amending the zoning from Agricultural 30 (AG/30) District to Commercial Corridor (CC) District, generally located at the northeast corner of S.H. 78 and E. Brown Street. ZC 2010-03 Discussion Owner: Ladylike Shop, Inc. Applicant: Mitchell Planning Group, LLC Zoning Case 2010-03 requires an Ordinance to amend the zoning accordingly in the Official Zoning Map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The 2.772 acre tract is located at the northeast corner of S.H. 78 and E. Brown Street. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Approved By Initial Date Department Director RO 08/25/ 0 City Manager /40 Page 1 of 1 ORDINANCE NO. 2010-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2010-03, FROM AGRICULTURAL 30 (AG/30) DISTRICT TO COMMERCIAL CORRIDOR (CC) DISTRICT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Commercial Corridor (CC), said property being described in Exhibit "A", and Exhibit "B" (Zoning Exhibit) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the Ordinance 2010-15 Zoning Ordinance Zoning Case No. 2010-03 part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of September, 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance 2010-15 Zoning Ordinance Zoning Case No. 2010-03 Exhibit "A" Legal Description Zone Case#2010-03 Being a 2.772 acre tract of land situated in the Francisco De La Pina Survey, Abstract No. 688,City of Wylie,Collin County, Texas, and being a part of a called 24.482 acre tract of land described in Warranty Deed to The Ladylike Shop,Inc. as recorded in Volume 1030, Page 416, Deed Records, Collin County, Texas and being more particularly described as follows: Beginning at a Y2"iron rod with plastic cap stamped"SPIARSENG" set for corner at the intersection of the north line of East Brown Street(Variable width public right-of-way)with the southeast line of State Highway No. 78 (Variable width public right-of-way); THENCE North 52°26'56" East along said southeast line of State Highway No 78, for a distance of 116.79 feet to a concrete right-of-way marker found for corner; THENCE North 51'42'57" East continuing along said lines, for a distance of 391.35 feet to a'/a"iron rod with plastic cap stamped"SPIARSENG"set for corner, from which a concrete right-of-way marker (controlling monument) found for corner bears North 5l°42'57"East, 621.00 feet; THENCE South 48'16'12"East departing said lines, for a distance of 484.05 feet to a '/z"iron rod with plastic cap stamped "SPIARSENG" set for corner in the north line of said East Brown Street, from which a%2 inch iron rod (controlling monument)found bears North 89°21'22"East, 1183.52 feet; THENCE North 89°21'22" West along the north line of said East Brown Street, for a distance of 761.07 feet to the Point ofBeginning and containing 120,761 square feet or 2.772 acres of land. 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Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: September 8, 2010 Budgeted Amount: $10,772.19 (revenue) Fate F. D. Dispatch Contract Exhibits: Subject Consider, and act upon, Resolution No. 2010-29(R) authorizing the City Manager to execute an Interlocal Agreement with the City of Fate for dispatch services for a one year term beginning October 13, 2010. Recommendation Motion to approve Resolution No. 2010-29(R) authorizing the City Manager to execute an Interlocal Agreement with the City of Fate for dispatch services for a one year term beginning October 13, 2010. Discussion This is a revenue-generating agreement for the City of Wylie's Public Safety Communications Division to provide fire dispatching services for the City of Fate Fire Department. The dispatching will be for fire services and EMS First Responder only, and all technology is provided at FFD's expense. The additional call load will be a very small addition to the work load in Dispatch, with a total of approximately 250 calls per year. The contract provides for an annual increase based on the respective share of the call load in our Communications Division, and includes an Administrative Fee of 10% that is added to the calculated cost of the service per year. The contract requires the City of Fate to pay the City of Wylie $10,772.19 for dispatching services for the first year. The City Attorney's staff has reviewed the agreement and has approved it as having appropriate protections in place for the City of Wylie. Approved By Initial Date Department Director GRC Septem er 8, 2010 City Manager fOl 9 olio Page 1 of 1 RESOLUTION NO. 2010-29(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF FATE FOR DISPATCH SERVICES FOR A ONE YEAR TERM BEGINNING OCTOBER 13, 2010, ANNUALLY RENEWABLE AT COST PLUS ADMINISTRATIVE FEES. 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, an Interlocal Agreement with the City of Fate for dispatch services for a one year term beginning October 13th, 2010, annually renewable at cost plus administrative fees. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas, on this the 14th day of September, 2010. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2010-29(R) COW&City of Fate,Dispatch Services EXHIBIT "A" Agreement 563458-1 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES This Agreement made and entered into this 13th day of October, 2010, by and between the City of Wylie, Texas ("Wylie") and the City of Fate, Texas ("Fate"), both Texas municipal corporations, acting herein through their duly authorized agents, officers and employees ("Agreement"). WITNESSETH WHEREAS,the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes units of local government to contract with one or more units of local government to perform governmental functions and services; and WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of, and in accordance with, Chapter 791 of the Texas Government Code, for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and EMS First responder general police and fire services; and WHEREAS, Wylie provides these services to the citizens of Wylie and has the capacity to service other municipalities; and WHEREAS, Fate has investigated and determined that it would be advantageous and beneficial to Fate and its inhabitants to provide emergency fire dispatch services to Fate and its inhabitants; and WHEREAS, Fate desires to engage Wylie, and Wylie desires to be engaged by Fate, to provide emergency fire dispatching services as set forth herein; and WHEREAS, the governing bodies of Wylie and Fate desire to foster good-will and cooperation between the two entities; and WHEREAS, Wylie and Fate deem it to be in the best interest of both entities to enter into this Agreement relative to emergency fire dispatch services. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, WYLIE AND FATE AGREE AS FOLLOWS: I. Services to be Performed Wylie shall provide to Fate emergency fire dispatching services consisting of receiving emergency fire calls and forwarding them to the Fate Fire Department personnel via alpha pager and radio. In order to facilitate such services, Fate shall provide to Wylie's Communication personnel, on a continuing basis to stay current, all necessary street, apparatus and response information, as well as all necessary dispatching information unique to Fate Fire Department's operations. Interlocal Agreement for Emergency Dispatch Services(Fate) Page 1 573825-1 II. Duration of Agreement This Agreement shall become effective on October 13, 2010 (the "Effective Date") and end on October 12, 2011 (the "Primary Term"), unless terminated in the manner described in Section III below and/or renewed as provided herein. This Agreement may be renewed, by written agreement, for three (3) successive one (1) year terms, beginning October 13, 2010 and ending October 12, 2011 with notice and agreement by both parties within thirty (30) days of the expiration date of the Primary Term or any renewal term, upon the same terms and conditions as set forth herein, or as amended; provided, however, that the Agreement has not been terminated in the manner described in Section III below. This Agreement supersedes and otherwise terminates all prior agreements, written or oral, between the parties concerning the same services. III. Termination This Agreement may be terminated prior to the expiration date noted in Section II above with the occurrence of either of the following: 1. Either party may terminate the Agreement upon providing the other party written notice of termination at least ninety (90) days prior to the anticipated date of termination; or 2. Mutual agreement of termination of the Agreement, executed in writing by both parties, without the requisite ninety(90) days prior written notice. At the sole discretion of Wylie, this Agreement may be terminated or renegotiated in the event Fate annexes additional territory into its corporate limits and/or increases the area the Fate Fire Department services. IV. Compensation Fate, out of current revenues available, shall pay to Wylie the amount of Ten Thousand Seven Hundred Seventy-Two and 19/100 dollars ($10,772.19) upon the execution of this Agreement. This amount shall compensate Wylie for dispatch services provided during the Primary Term of this Agreement. Such amount is based upon the annual operating budget for the Wylie Communications Division divided by the total number of calls plus an administrative fee. The formula and/or pricing shall be reviewed by Wylie each year the Agreement is renewed for possible adjustments that would increase the cost for dispatch services. Compensation for any period shall be prorated in any period termination occurs prior to the expiration date. In addition, Fate shall provide, at its sole expense, any telephone lines or equipment deemed necessary by either party, to Wylie to provide the service set forth in Paragraph I, which telephone lines or other equipment shall be installed at positions designated by Wylie in the Wylie Communication Center. Interlocal Agreement for Emergency Dispatch Services(Fate) Page 2 573825-1 V. Relationship of Parties The parties intend that Wylie, in performing services specified in this Agreement, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Neither Wylie, its agents, employees, volunteer help or any other person operating under this Agreement shall be considered an agent or employee of Fate and shall not be entitled to participate in any pension or other benefits that Fate provides its employees. VI. Acceptance of Responsibility Wylie agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Wylie employees and agents. Fate agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Fate employees and agents. VII. Miscellaneous Provisions a. Notice. Any notice provided or required to be given under the terms of this Agreement, must be in writing and may be served by depositing same in the United States Mail, properly addressed, postage pre-paid, registered or return receipt requested or by hand-delivery. All notices and communications concerning this Agreement to be mailed or delivered to Wylie shall be sent to the address of Wylie as follows, unless and until Fate is otherwise notified: Fire Chief Wylie Municipal Complex 2000 Hwy. 78 N Wylie, Texas 75098 All notices and communications under this Agreement to be mailed or delivered to Fate shall be sent to the address of Fate as follows, unless and until the Wylie is otherwise notified: Fire Chief City of Fate—City Hall 105 E. Fate Main Place Fate, Texas 75132 Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date the notice or communication is placed in the United States Mail or hand-delivered by other means. b. Entire Agreement. This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. Interlocal Agreement for Emergency Dispatch Services(Fate) Page 3 573825-1 c. Governing Law and Venue. This Agreement and any of its terms, conditions or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Venue for this Agreement shall lie in Collin County, Texas. d. Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. e. Severability. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. f. Authorization. The undersigned officer and/or agents of the parties hereto are the properly authorized officials of the party represented and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and approved and are now in full force and effect. g. Amendments. Wylie and Fate may amend this Agreement only by an instrument in writing. h. Counterparts. The Agreement may be signed in counterparts, each of which shall be deemed to be an original. i. Waiver. Notwithstanding any provision to the contrary, Wylie and Fate do not waive any rights or obligations it may have, either at common law or by statute, through this Agreement or any other agreement between these same parties. j. Assignment. This Agreement is not assignable. k. Sovereign Immunity. The parties agree that neither has waived its sovereign immunity by entering into and performing its obligations under this Agreement. 1. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed, that each party has had an opportunity to confer with counsel, on the matters contained herein. m. Drafting Provisions. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this Agreement. Interlocal Agreement for Emergency Dispatch Services(Fate) Page 4 573825-1 EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on the date specified on the multiple counterpart executed by such entity. CITY OF FATE,TEXAS CITY OF WYLIE,TEXAS Vicki Mikel, City Manager Mindy Manson, City Manager ATTEST: ATTEST: Jean Dwinnell, City Secretary Carole Ehrlich, City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: Print Name: Abernathy Roeder Boyd &Joplin P.C. Title: City Attorney Claire E. Swann, City Attorney Date: Date: Interlocal Agreement for Emergency Dispatch Services(Fate) Page 5 573825-1 Wylie Parks and Recreation Facilities Development CITY OF WYLIE Corporation (4B) 41- NOTICE OF MEETING Special Called Meeting Agenda September 14, 2010 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North Eric Hogue Chairman Rick White Member Bennie Jones Member Kathy Spillyards Member Anne Hiney Member Shirley Burnett Member Dan Chesnut Member 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.w,ilietexas.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 972.442.8100 or TD 972.442.8170. CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION Announce the presence of a Quorum. 1. Consider, and act upon, approval of the Minutes from the September 8, 2009 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 2. Consider, and act upon, approval of the FY2010-2011 4B Budget and authorize expenditures for the FY 2010-2011 Community Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director) 3. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and appoint a September 14,2010 Wylie Parks and Recreation Facilities Development Corporation Page 2 of 2 (4B)Meeting Agenda Chair and Vice Chairman from its board members for a term beginning January 1, 2011 and ending December 31, 2012. (C. Ehrlich, City Secretary) ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 10th day of September, 2010 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 14/1 Wylie Parks and Recreation Facilities Development Corporation (4B) CITY OF WYLIE Special Called Meeting Minutes Tuesday, September 8, 2009 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION Mayor Hogue (4B Board Chair) called the Wylie Parks and Recreation Facilities Development Corporation 4B board to order at 6:25 p.m. Board members present included: Kathy Spillyards, Bennie Jones, Rick White, Dan Chesnut, and Vice Chair Anne Hiney. Board member Shirley Burnett was absent. BUSINESS ITEMS 1. Consider, and act upon, approval of the Minutes from the December 9, 2008 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 4B Board Action A motion was made by board member Chestnut, seconded by vice chair Hiney to approve the December 9, 2008 4B board minutes as presented. A vote was taken and the motion passed 6-0 with board member Burnett absent. 2. Consider, and act upon, approval of the FY2009-2010 4B Budget and authorizing expenditures for the FY2009-2010 Community Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director) 4B Board Action A motion was made by vice chair Hiney, seconded by board member Spillyards to approve the FY 2009-2010 4B budget authorizing expenditures for the FY 2009-2010 Community Services Facilities September 8,2009 Wylie Park and Recreation Facilities Development Corporation(4B) Page 2 of 2 Capital Improvement Plan. A vote was taken and the motion passed 6-0 with board member Burnett absent. ADJOURN With no further business before the Wylie Parks and Recreation Facilities Development Corporation 4B board, Chairman Hogue adjourned the meeting at 6:28 p.m. Consensus of the 4B board was to adjourn. Eric Hogue,Chair ATTEST: Carole Ehrlich,City Secretary CITY OF WYLI Wylie Parks and Recreation Facilities Development Corporation (4B) AGENDA REPORT Meeting Date: September 14, 2010 Item Number: 2. Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: August 26, 2010 Budgeted Amount: Exhibits: 4B Budget Subject Consider, and act upon, approval of the FY 2010-2011 4B Budget and authorize expenditures for the FY 2010- 2011 Community Services Facilities Capital Improvement Plan. Recommendation Motion to approve FY 2010-2011 4B Budget and authorize expenditures for the FY 2010-2011 Community Services Facilities Capital Improvement Plan. Discussion The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the 'V2 cent sales tax for parks, recreation and library projects. The Board of Directors of the Corporation are: Mayor Eric Hogue Councilmember Bennie Jones Councilmember Rick White Councilmember Kathy Spillyards Shirley Burnett—Library Board Member Daniel Chesnut—Parks Board Member Anne Hiney—Parks Board Member As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of sales tax receipts for projects approved by the City Council. Further, the Bylaws state that," It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Approved By Initial Date Department Director LB 8/26/ 0 City Manager I r l q l to 4B SALES TAX REVENUE FUND The Wylie Park and Recreation Facilities Development Corporation (the 4B Corporation) was established to promote economic development with the City of Wylie. The activities of the 4B Corporation are accounted for in two fund types. The two funds are titles the 4B Sales Tax Revenue Fund and the 4B Debt Service Fund. The special revenue fund accounts for the use of the 4B Corporation sales tax revenue and is restricted by State legislation to improve the appeal of the City as a place to live, work, visit and to promote economic development. Sales taxes are levied in Wylie at 8.25% of goods and services sold within the City's boundaries. Of this 8.25% tax, 0.5% of the City's share goes to the 4B Sales Tax Revenue Fund. City f Wylie Fund Summary 4B Sales Tax Fund Audited 4B Fund Ending Balance 09/30/09 $ 1,373,960 Projected '10 Revenues 1,299,556 Available Funds 2,673,516 Projected '10 Expenses (1,251,137) Estimated Ending Fund Balance 09/30/10 $ 1,422,379 Estimated Beginning Fund Balance-10/01/10 $ 1,422,379 Proposed Revenue'11 1,321,556 Proposed Expenditures '11 (1,112,412) Transfer to Rec Fund '11 (510,775) Estimated Ending Fund Balance 09/30/11 $ 1,120,748 112-4B SALES TAX REVENUE FUND REVENUES 2008-2009 2009-2010 2009-2010 2010-2011 ACTUAL BUDGET PROJECTED PROPOSED TAXES 4000-40210 SALES TAX 1,298,336 1,295,556 1,295,556 1,299,056 TOTAL TAXES 1,298,336 1,295,556 1,295,556 1,299,056 SERVICE FEES 4000-44156 RECREATION CLASS FEES 0 0 0 10,000 TOTAL SERVICE FEES 0 0 0 10,000 INTEREST INCOME 4000-46110 ALLOCATED INTEREST EARNINGS 8,112 4,000 4,000 4,000 4000-46140 TEXPOOL INTEREST 0 0 0 0 4000-46143 LOGIC INTEREST 0 0 0 0 TOTAL INTEREST INCOME 8,112 4,000 4,000 4,000 MISCELLANEOUS INCOME 4000-48120 COMMUNITY ROOM FEES 0 0 0 8,500 4000-48310 RECOVERY-PRIOR YEAR EXPEND 0 0 0 0 4000-48410 MISCELLANEOUS INCOME 0 0 0 0 TOTAL MISCELLANEOUS INCOME 0 0 0 8,500 OTHER FINANCING SOURCES 4000-49320 G.O.BOND PROCEEDS 0 0 0 0 4000-49401 BOND PREMIUM/DISCOUNT 0 0 0 0 TOTAL OTHER FINANCING SOURCES 0 0 0 0 TOTAL REVENUES 1,306,448 1,299,556 1,299,556 1,321,556 4B PARKS The 4B Parks is responsible for the development and maintenance of parks. This is a division of the Public Services Department. The 4B Sales Tax Revenue Fund, 4B Parks, is a supplemental cost-center to the General Fund's Parks Department. The sales tax revenue is restricted by State legislation to improving the appeal of the City as a place to live, work, and visit and promoting economic development. BUDGET BUDGET BUDGET BUDGET STAFFING 2007-2008 2008-2009 2009-2010 2010-2011 Asst. Parks Superintendent 1.0 1.0 1.0 0.0 Field Supervisor 1.0 1.0 1.0 1.0 Maintenace Worker 2.0 2.0 2.0 2.0 TOTAL 4.0 4.0 4.0 3.0 112-4B SALES TAX REVENUE FUND 4B PARKS DEPARTMENTAL EXPENDITURES 2008-2009 2009-2010 2009-2010 2010-2011 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 5614-51110 SALARIES 188,702 124,315 124,315 121,472 5614-51130 OVERTIME 6,109 14,500 14,500 14,500 5614-51140 LONGEVITY PAY 1,248 938 938 1,093 5614-51145 SICK LEAVE BUYBACK 826 0 0 701 5614-51160 CERTIFICATION INCENTIVE 1,729 0 0 1,825 5614-51170 PARAMEDIC INCENTIVE 0 0 0 0 5614-51210 CAR ALLOWANCE 0 0 0 0 5614-51220 PHONE ALLOWANCE 37 1,470 1,470 1,200 5614-51230 CLOTHING ALLOWANCE 1,440 2,160 2,160 2,160 5614-51310 TMRS 19,656 15,688 15,688 14,893 5614-51410 HOSPITAL&LIFE INSURANCE 34,544 23,025 23,025 28,578 5614-51420 LONG-TERM DISABILITY 389 696 696 696 5614-51440 FICA 11,962 8,890 8,890 8,890 5614-51450 MEDICARE 2,797 2,079 2,079 2,079 5 6 14-5 1470 WORKERS COMP PREMIUM 2,997 2,345 2,345 2,345 5614-51480 UNEMPLOYMENT COMP(TWC) 180 810 810 810 TOTAL PERSONNEL SERVICES 272,615 196,916 196,916 201,242 SUPPLIES 5614-52130 TOOLS/EQUIP-UNDER$100 0 50 50 0 5614-52310 FUEL&LUBRICANTS 0 0 0 2,500 TOTAL SUPPLIES 0 50 50 2,500 CONTRACTUAL SERVICES 5614-56040 SPECIAL SERVICES 64,630 45,715 45,715 60,090 5614-56210 TRAVEL&TRAINING 0 1,770 1,770 1,970 5614-56250 DUES&SUBSCRIPTIONS 0 450 450 450 TOTAL CONTRACTUAL SERVICES 64,630 47,935 47,935 62,510 CAPITAL OUTLAY 5614-58110 LAND-PURCHASE PRICE 0 0 0 0 5614-58150 LAND-BETTERMENTS 18,070 0 0 0 5614-58510 MOTOR VEHICLES 0 0 0 0 5614-58530 HEAVY EQUIPMENT 0 0 0 33,500 5614-58830 FURNITURE&FIXTURES 0 0 0 0 5614-58840 OUTDOOR FURNITURE&EQUIPMENT 0 0 0 0 5614-58850 MAJOR TOOLS&EQUIPMENT 0 0 0 18,500 5614-58910 BUILDINGS 0 0 0 0 TOTAL CAPITAL OUTLAY 18,070 0 0 52,000 TOTAL 4B PARKS 355,315 244,901 244,901 318,252 4B RECREATION As a division of the Public Services Department, this division supports the overall recreation programming functions administered by the Recreation Division. The division is funded by 4B Sales Tax revenue and is used as a supplemental cost-center to the General Fund Recreation(5521)budget. BUDGET BUDGET BUDGET BUDGET STAFFING 2007-2008 2008-2009 2009-2010 2010-2011 Recreation Supervisor 1.0 1.0 1.0 1.0 Recreation Superintendant 0.0 0.0 1.0 0.0 Building Monitor 0.0 0.0 1.0 1.0 Recreation Manager 0.0 0.0 0.5 0.0 Fitness Programmer 0.0 0.0 0.3 0.0 Recreation Programmer 0.0 0.0 0.5 0.0 Building Monitor Part-time 1.75 1.75 1.75 2.75 TOTAL 2.75 2.75 6.00 4.75 112-4B SALES TAX REVENUE FUND 48 RECREATION DEPARTMENTAL EXPENDITURES 2008-2009 2009-2010 2009-2010 2010-2011 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 5615-51110 SALARIES 53,859 193,048 193,048 45,532 5615-51112 SALARIES-PARTTIME 38,137 58,708 58,708 78,900 5615-51130 OVERTIME 0 0 0 0 5615-51140 LONGEVITY PAY 48 962 962 33 5615-51145 SICK LEAVE BUYBACK 0 1,513 1,513 263 5615-51160 CERTIFICATION INCENTIVE 10 3,140 3,140 0 5615-51170 PARAMEDIC INCENTIVE 0 0 0 0 5615-51210 CAR ALLOWANCE 0 0 0 0 5615-51220 PHONE ALLOWANCE 74 5,210 5,210 1,200 5615-51230 CLOTHING ALLOWANCE 0 1,300 1,300 800 5615-51310TMRS 4,940 22,357 22,357 5,600 5615-51410 HOSPITAL&LIFE INSURANCE 8,097 56,559 56,559 11,600 5615-51420 LONG-TERM DISABILITY 124 1,410 1,410 260 5615-51440 FICA 5,587 16,299 16,299 7,732 5615-51450 MEDICARE 1,307 3,812 3,812 1,809 5615-51470 WORKERS COMP PREMIUM 1,431 4,922 4,922 3,481 5615-51480 UNEMPLOYMENT COMP(TWC) 375 2,496 2,496 1,890 TOTAL PERSONNEL SERVICES 113,990 371,736 371,736 159,100 SUPPLIES 5615-52010 OFFICE SUPPLIES 0 2,400 2,400 3,000 5615-52070 COMPUTER SOFTWARE 0 0 0 0 5615-52130 TOOLS/EQUIP-UNDER$100 0 13,900 13,900 3,700 5615-52160 TOOLS/EQUIP-$100-$999.99 0 0 0 0 5615-52310 FUEL&LUBRICANTS 0 4,100 4,100 7,600 5615-52610 RECREATIONAL SUPPLIES 0 3,000 3,000 3,000 5615-52710 WEARING APPAREL&UNIFORMS 0 0 0 0 5615-52810 FOOD SUPPLIES 0 5,000 5,000 6,000 5615-52990 OTHER 0 0 0 0 TOTAL SUPPLIES 0 28,400 28,400 23,300 MATERIALS FOR MAINTENANCE 5615-54510 MOTOR VEHICLES 0 0 0 0 5615-54530 HEAVY EQUIPMENT 0 1,000 1,000 3,000 5615-54630 TOOLS&EQUIPMENT 0 500 500 800 5615-54650 COMMUNICATIONS 0 0 0 0 5615-54810 COMPUTER HARD/SOFTWARE 0 0 0 0 5615-54910 BUILDINGS 0 0 0 3,900 TOTAL MATERIALS FOR MAINTENANCE 0 1,500 1,500 7,700 CONTRACTUAL SERVICES 5615-56040 SPECIAL SERVICES 4 12,500 12,500 19,400 5615-56080 ADVERTISING 0 11,000 11,000 2,000 5615-56110 COMMUNICATIONS 0 1,200 1,200 1,200 5615-56140 RECREC CLASS EXPENSES COMM CT 0 0 0 11,000 5615-56180 RENTAL 0 900 900 1,560 5615-56210 TRAVEL&TRAINING 0 3,500 3,500 2,500 5615-56250 DUES&SUBSCRIPTIONS 0 2,700 2,700 1,400 5615-56360 ACTIVENET ADMINISTRATIVE FEES 0 6,000 6,000 0 TOTAL CONTRACTUAL SERVICES 4 37,800 37,800 39,060 112-4B SALES TAX REVENUE FUND 4B RECREATION DEPARTMENTAL EXPENDITURES 2008-2009 2009-2010 2009-2010 2010-2011 ACTUAL BUDGET PROJECTED PROPOSED CAPITAL OUTLAY 5615-58150 LAND-BETTERMENTS 0 0 0 0 5615-58810 COMPUTER HARD/SOFTWARE 0 1,500 1,500 0 5615-58830 FURNITURE&FIXTURES 0 0 0 0 5615-58850 MAJOR TOOLS&EQUIPMENT 0 0 0 0 5615-58995 CONTRA CAPITAL OUTLAY 0 0 0 0 TOTAL CAPITAL OUTLAY 0 1,500 1,500 0 TOTAL 4B RECREATION 113,994 440,936 440,936 229,160 112-4B SALES TAX REVENUE FUND NON-DEPARTMENTAL DEPARTMENTAL EXPENDITURES 2008-2009 2009-2010 2009-2010 2010-2011 ACTUAL BUDGET PROJECTED PROPOSED OTHER FINANCING(USES) 5000-59132 TRANSFER TO 4B DEBT SERVICE 565,300 565,300 565,300 565,000 TOTAL OTHER FINANCING(USES) 565,300 565,300 565,300 565,000 TOTAL NON-DEPARTMENTAL 565,300 565,300 565,300 565,000 CITY OF WYL Wylie Parks and Recreation Facilities Development Corporation (4B) AGENDA REPORT Meeting Date: August 26, 2010 Item Number: 3 —4B Agenda Department: City Secretary- 4B Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: September 14, 2010 Budgeted Amount: 4B Bylaws and Amendments Exhibits: (12-05) Subject Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2011 and ending December 31, 2012. Recommendation A motion to appoint as Chairman and as Vice Chairman; and Mindy Manson as President; Jeff Butters as Vice-President; Linda Bantz as Treasurer, and Carole Ehrlich as Secretary of the Wylie Parks and Recreation Facilities Development Corporation (4B) for a term beginning January 1, 2011 and ending December 31, 2012. (2 year term) Discussion Article II, Section 1. (d) states; "The Corporation Board will chose from among its members a Chairman of the Board and a Vice Chairman of the Board. The Chairman will preside at all board meetings and the Vice Chairman will serve in the absence of the Chairman". Currently, Mayor Hogue holds the position of 4B Chair and Anne Hiney services as Vice Chair. Article III, Section 1. (a) amended states that the officers of the Corporation shall appoint a president, a vice president, a secretary and a treasurer and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Vice President or Secretary. Terms of the office shall be two years with the right of an officer to be reappointed. Section 2 of Article III explains the duties of the officers and designates that the president shall be the chief operating executive officer of the corporation, and subject to the authority of the Board, the president shall be in general charge of the properties and affairs of the corporation and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments in the name of the Corporation. The City Manager of the City of Wylie shall be president. Page 1 of 2 Page 2 of 2 Section 3 designates the Asst. City Manager as the first vice president Section 4 designates the Finance Director as Treasurer Section 5 designates the City Secretary as the Secretary. Current officers serving are: Mindy Manson, President; Jeff Butters, Vice President; Melissa Beard, Treasurer, and Carole Ehrlich, Secretary. Pursuant to this article, the board should appoint all officers for a 2 year term. A copy of the 4B Bylaws and amendments thereto are attached for your review. All new appointments will begin January 2, 2011 and end December 31, 2012. Current Wylie Parks and Recreation 4B Board members include: Shirley Burnett, Dan Chesnut, Anne Hiney, Councilwoman Kathy Spillyards, Mayor Eric Hogue, Councilman Bennie Jones, and Councilman Rick White. Approved By Initial Date Department Director C 8-26-2010 City Manager l'`E� I/� qiQ/(O I/it. Wylie City Council CITY OF WY-Lit AGENDA REPORT Meeting Date: September 14, 2010 Item Number: 1 Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Account Code: N/A Date Prepared: 8-25-2010 Budgeted Amount: N/A Exhibits: Ordinance & Attachments Subject Consider and act upon Ordinance No. 2010-16 of the City Council of the City of Wylie, Texas, ("city") approving a negotiated resolution between the Atmos Cities Steering Committee ("ACSC" or "Steering Committee") and Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") regarding the company's third rate review mechanism ("RRM") filing in all cities exercising original jurisdiction; Declaring existing rates to be unreasonable; Requiring the company to reimburse cities' reasonable ratemaking expenses; Adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; Approving Atmos Mid-Tex's proof of revenues; Extending the RRM process for two cycles and adopting a new RRM Tariff; Ratifying the settlement agreement, including cost recovery for a steel service line replacement program; Adopting a savings clause; Determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; Declaring an effective date; and requiring delivery of this Ordinance to the Company and the Steering Committee's legal counsel. Recommendation A motion adopting Ordinance No. 2010-16 of the City of Wylie, Texas approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corp., Mid-Tex Division regarding the company's third rate review mechanism (RRM) filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; requiring the company to reimburse cities' reasonable ratemaking expenses; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable and all other requirements of the agreement, thereto. Discussion The City of Wylie, along with approximately 148 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"). On or about March 15, 2010, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. This is the third RRM filing under a three year experimental program. The Atmos Mid-Tex RRM filing sought a $70.2 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached rate and RRM tariffs are the result of negotiations between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance resolves the Company's RRM filing by authorizing an increase in the Company's base rate of$27 million effective for bills rendered on or after October 1, 2010. Additionally, the Ordinance authorizes supplemental revenue of $3.4 million to be recovered through the customer charge component of rates to cover direct costs associated with a Page 1 of 1 Page 2 of 4 steel service line replacement program. The monthly bill impact for the average residential customer will be a $1.40 increase (about a 3.15% increase in the total bill). The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC Cities adopt the Ordinance implementing the rate change. RRM Background: The RRM tariff was approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid- Tex 2007 system-wide rate filing at the Railroad Commission. Atmos Mid-Tex's current action represents the third filing pursuant to the three-year trial project known as the RRM process. The RRM process was created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively authorized GRIP surcharge process. ACSC opposed GRIP because it constituted piecemeal ratemaking, did not allow any reasonableness review, and did not allow participation by cities or recovery of cities' rate case expenses. The RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings during the three-year trial period specified by the tariff. There are two components to the current RRM adjustment. The prospective component adjusts rates for known and measurable changes in operations and maintenance ("O&M") expense and net plant investment. Atmos Mid-Tex and ACSC agreed to cap changes to expenses and invested capital at no more than five percent per year. The true-up component evaluates whether the Company has over or under recovered its earnings for the previous year. For purposes of the RRM true-up component, the Atmos Mid-Tex rate of return on equity and its capital structure are frozen to avoid the parent company from manipulating the overall rate of return. Costs expressly prohibited from recovery through the RRM include first-class air fare, travel, meals or entertainment for an employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. Purpose of the Ordinance: Rates cannot change and the Settlement Agreement with Atmos Mid-Tex cannot be implemented without passage of rate ordinances by cities. No related matter is pending at the Railroad Commission. The purpose of the Ordinance is to approve rate tariffs ("Attachment A") and Proof of Revenues ("Attachment B") that reflect the negotiated rate change pursuant to the RRM process and to ratify a Settlement Agreement recommended by the ACSC Settlement Committee and Executive Committee. As a result of the negotiations, ACSC was able to reduce the Company's requested $70.2 million RRM increase to $27 million. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid-Tex's revenues effective October 1, 2010. The Settlement Agreement ("Attachment C") to be ratified by the Ordinance authorizes an extension of the RRM process, in modified form to eliminate the true-up component, for an additional two annual filings. The Settlement Agreement also addresses the Atmos Mid-Tex steel service line replacement program and authorizes current cost recovery via an adder to residential and commercial customer charges. Reasons Justifying Approval of the Negotiated Resolution: During the time that the City has retained original jurisdiction in this case, consultants working on behalf of ACSC cities have investigated the support for the Company's requested rate increase. While the evidence does not support the $70.2 million increase requested by the Company, ACSC consultants agree that the Company can justify an increase in revenues of$21 million. The agreement on $27 million is a compromise between the Page 3 of 4 positions of the parties. The Settlement Agreement includes an allowance for recovery of direct costs, excluding overheads, of the steel service line replacement program. Current year recovery factors shall be $00.15 for residential customers and $00.41 for commercial customers per month. The rates will be adjusted annually, but shall be capped at $00.44 cents for residential customers and $1.22 for commercial customers. The alternative to a settlement of the RRM filing would be a contested case proceeding before the Railroad Commission on the Company's current application, would take several months and cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable than that to be produced by the settlement. The ACSC Executive Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. Steel Service Line Replacement: Under pressure from the Railroad Commission to establish a comprehensive program to replace service lines that contain steel which is subject to corrosion and leaks, ACSC has worked with Atmos Mid-Tex to establish a risk based approach to steel service line replacement that accomplishes the following goals: 1. Replace all service lines throughout the Mid-Tex Region with the highest degree of risk within two years; 2. Coordination between ACSC city members and Atmos Mid-Tex to minimize disruption of rights of way without compromising safety; 3. To minimize and spread the rate impact on customers of the replacement program, the service lines with little relative risk of leaks should be replaced over a 10-year period; and 4. Current recovery of incremental (above and beyond normal maintenance and repair addressed in RRM proceedings) direct (excluding Atmos Mid-Tex overheads) cost of service line replacement should be permitted as an adder to customer charges. Fulfillment of these goals in this case will lead to $00.15 and $00.41 added to residential and commercial customer charges, respectively. The customer charge assessment may not exceed $00.44 and $1.22 for residential and commercial customers, respectively, prior to the entry of a Final Order in the next system- wide Statement of Intent rate proceeding. Pursuant to the Settlement Agreement, 100,000 steel service lines will be replaced prior to September 30, 2012. Explanation of"Be It Ordained" Paragraphs: 1. This paragraph approves all findings in the Ordinance. 2. This section adopts the attached tariffs ("Attachment A") and the Company's Proof of Revenues ("Attachment B") in all respects and finds the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing tariffs not being changed in any way are not attached to the Ordinance. 3. This section requires the Company to reimburse ACSC for reasonable rate making costs Page 4 of 4 associated with reviewing and processing the RRM application. 4. This section ratifies the Settlement Agreement ("Attachment C") between ACSC and Atmos Mid-Tex. 5. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 6. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 7. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 8. This section is a"Most Favored Nations" clause, which protects the City by mandating that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's RRM filing would be more beneficial to the City than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. 9. This section provides for an effective date upon passage. 10. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for ACSC. Approved By Initial Date Department Director MM 8-25-2 10 City Manager q/Via ORDINANCE NO. 2010-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORP., MID- TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S THIRD RATE REVIEW MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS MID-TEX'S PROOF OF REVENUES; EXTENDING THE RRM PROCESS FOR TWO CYCLES AND ADOPTING A NEW RRM TARIFF; RATIFYING THE SETTLEMENT AGREEMENT, INCLUDING COST RECOVERY FOR A STEEL SERVICE LINE REPLACEMENT PROGRAM; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division("Atmos Mid-Tex" or " Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"), a coalition of approximately 148 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as "ACSC Cities"); and WHEREAS, pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to Ordinance 2010-16 1 ACSC &Atmos Energy Rate Review develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled in a three year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities' reasonable expenses associated with RRM applications; and WHEREAS, on or about March 15, 2010, Atmos Mid-Tex filed with the City its third application pursuant to the RRM tariff to increase natural gas base rates by approximately $70.2 million, such increase to be effective in every municipality that has adopted the RRM tariff within its Mid-Tex Division; and WHEREAS, ACSC Cities coordinated its review of Atmos Mid-Tex's RRM filing by designating a Settlement Committee made up of ACSC representatives, assisted by ACSC attorneys and consultants, to resolve issues identified by ACSC in the Company's RRM filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid- Tex is able to justify an increase over current rates of$21 million; and WHEREAS, Atmos Mid-Tex has commenced a program to replace steel service lines based on a relative leak repair risk analysis; and WHEREAS, the Steering Committee has entered a Settlement Agreement ("Attachment C" to this Ordinance) with Atmos Mid-Tex to: (1) increase base rate revenues by $27 million; (2) Ordinance 2010-16 2 ACSC &Atmos Energy Rate Review extend the RRM process, with modifications for an additional two cycles and to thereafter require the filing of a system-wide Statement of Intent rate case on or before June 1, 2013; and (3) in the interim to allow current recovery of incremental direct costs of the steel service line replacement program in rates set via this ordinance and in future RRMs; and WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants, recommend that ACSC members approve the attached rate tariffs ("Attachment A" to this Ordinance), which will increase the Company's revenue requirement by$27 million; and WHEREAS, the attached tariffs implementing new rates and Atmos Mid-Tex's Proof of Revenues ("Attachment B" to this Ordinance) are consistent with the negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's Third RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City; and WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are, as a whole, 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 the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs and Atmos Mid-Tex's Proof of Revenues, Ordinance 2010-16 3 ACSC &Atmos Energy Rate Review which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. Section 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC Cities in processing the Company's rate application. Section 4. That the Settlement Agreement, attached as Attachment C, which includes in addition to resolution of the Third RRM: (1) extension of a modified RRM process; (2) requirement that Atmos Mid-Tex file a system-wide Statement of Intent rate case on or before June 1, 2013; and (3) current recovery of incremental direct costs for a steel service line replacement program, is hereby ratified. Section 5. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 6. 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 7. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 8. That if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's Third RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. Ordinance 20 10-1 6 4 ACSC &Atmos Energy Rate Review Section 9. That this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for bills rendered on or after October 1, 2010. Section 10. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle&Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this 14th day of September, 2010. Mayor ATTEST: City Secretary Ordinance 2010-16 5 ACSC & Atmos Energy Rate Review ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: R—RESIDENTIAL SALES APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 7.15 per month Commodity Charge—All Mcf $2.5246 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a)and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: C—COMMERCIAL SALES APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 13.91 per month Commodity Charge-All Mcf $ 1.0796 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 450.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2750 per MMBtu Next 3,500 MMBtu $ 0.2015 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0433 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in P/atts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 450.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2750 per MMBtu Next 3,500 MMBtu $ 0.2015 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0433 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part(b)of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Monthly Imbalance Fees Customer shall pay Company the greater of(i)$0.10 per MMBtu, or(ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Provisions for Adjustment The base rate per Mcf(1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the 'Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Mcf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Mcf Ri = base rate of temperature sensitive sales for the ith schedule or classification approved by the entity exercising original jurisdiction. HSFi = heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per bill (Mcf)and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification calculated as the y- intercept of the linear regression of average sales per bill (Mcf)and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA;= WNAF; x q;j ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Where qq is the relevant sales quantity for the jth customer in ith rate schedule. Filings with Entities Exercising Original Jurisdiction As part of its annual RRM filing the Company will file (a)a copy of each computation of the Weather Normalization Adjustment Factor, (b)a schedule showing the effective date of each such Weather Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such Weather Normalization Adjustment and (d)a random sample and audit of thirty(30)actual customer bills, with customer information deleted, for each rate schedule or classification to which the WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annual RRM filing. If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be filed with the entities exercising original jurisdiction shall be filed on March 1 of each year. Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Mcf Mcf/HDD Mcf Mcf/HDD Abilene 1.06 .0131 9.03 .0588 Austin 1.17 .0138 19.39 .0674 Dallas 1.49 .0191 20.37 .0872 Waco 1.13 .0137 11.81 .0610 Wichita 1.19 .0136 11.21 .0549 Falls Sample WNAFJ Calculation: (.0131 x (30-17) ) .3352 per Mcf = 2.5246 x (1.06 + (.0131 x 17) ) Where i = Residential Single Block Rate Schedule Ri = 2.5246 per MCF HSFi = .0131 (Residential -Abilene Area) NDD = 30 HDD (Simple ten-year average of Actual HDD for Abilene Area—9/15/06 — 10/14/06) ADD = 17 HDD (Actual HDD for Abilene Area—9/15/06— 10/14/06) Bli = 1.06 Mcf(Residential -Abilene Area) ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM—RATE REVIEW MECHANISM APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 I. Purpose: This mechanism is designed to provide annual earnings transparency. All rate calculations under this tariff shall be made on a system wide basis. If, through the implementation of the provisions of this mechanism, it is determined that rates should be decreased or increased, then rates will be adjusted accordingly in the manner set forth herein. The rate adjustments implemented under this mechanism will reflect annual changes in the Company's cost of service and rate base. This Rider RRM will be effective for the period commencing with the Company's RRM filing on April 1, 2011, and concluding with the implementation of new, final rates established pursuant to the general rate case that Atmos will file on or before June 1, 2013. II. Definitions a) The Annual Evaluation Date shall be the date the Company will make its annual filing under this mechanism. The Annual Evaluation Date shall be no later than April 1, of each year. This filing shall be effective in electronic form where practicable. b) Audited Financial Data shall mean the Company's books and records related to the Company's Mid- Tex operating area and shared services operations. Audited Financial Data shall not require the schedules and information provided under this tariff to undergo a separate financial audit by an outside auditing firm similar to the Company's annual financial audit. c) The Evaluation Period is defined as the twelve month period ending December 31, of each calendar year. d) The Rate Effective Period is defined as the later of the twelve month period for which rates determined under this mechanism will be in effect or subsequent rates are implemented. e) Per Connection Basis is defined as the existing average number of Mid-Tex active meters to customers during the Evaluation Period. f) Final Order is defined as the most recent order establishing the Company's latest effective rates for the area in which the mechanism is implemented, and shall include municipal rate ordinances and resolutions. III. Rate Review Mechanism The Company shall file with each regulatory authority having original jurisdiction over the Company's rates the schedules specified below for the Evaluation Period, with the filing to be made by the Annual Evaluation Date following the end of the Evaluation Period. The schedules, which will be based upon the Company's Audited Financial Data, as adjusted, and provided in the same format as Atmos' RRM filing with municipalities on March 15, 2010, will exclude a true-up computation, but will include the following: a) Evaluation Period ending balances for actual gross plant in service, accumulated depreciation, accumulated deferred income taxes, inventory, working capital, and other rate base components will be used for the calculation of rates for the Rate Effective Period. The ratemaking treatments, principles, findings and adjustments included in the Final Order will apply. 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. Accumulated deferred income taxes (ADIT)will be calculated using the methodology used in the Final Order. The RRM Schedules & Information section of this tariff identifies those ADIT components to be included in the calculation of rate base for both the Evaluation Period and Rate Effective Period calculations. ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM—RATE REVIEW MECHANISM APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 b) Depreciation rates booked in the period will be those approved in the Final Order, or the rate most recently approved. All calculation methodologies will be those approved in the Final Order except where noted or included in this tariff, or in the most recent order addressing the methodology. In addition, the Company shall exclude from operating and maintenance expense the discretionary costs to be disallowed from Rider RRM filings listed in the RRM Schedules and Information section of this tariff. c) Return on Equity(ROE)shall be maintained at 9.7%. d) Cost of debt will reflect actual cost for the Evaluation Period. Evaluation Period ending balances for cost of debt and capital structure will be used for the calculation of rates for the Rate Effective Period. Capital structure will be the actual Evaluation Period ratio of long-term debt and equity, with percentage equity not to exceed 50%, based on the calculation methodology outcomes used above. e) All applicable accounting adjustments along with all supporting work papers. Such adjustments may include: 1) Pro-forma adjustments to update and annualize costs and revenue billing determinants for the Rate Effective Period. 2) Pro-forma or other adjustments required to properly account for atypical, unusual, or nonrecurring events recorded during the Evaluation Period. f) Shared Services allocation factors shall be recalculated each year based on the latest component factors used during the Evaluation Period, but the methodology used will be that approved in the Final Order. g) Any changes to corporate structure or allocation of common costs will include narrative explanations with the filing. IV. Calculation of Rate Adjustment a) The Company shall provide additional schedules indicating the following revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order with the exception of any allowance for a true-up component in the April 1, 2011 or the April 1, 2012 RRM filings. Evaluation Period ending balances will be used for the calculation of rates for the Rate Effective Period. These schedules shall identify the rate adjustments necessary for the setting of prospective rates for the Rate Effective Period. The result shall be reflected in the proposed new rates to be established for the Rate Effective Period. In calculating the required rate adjustments, such adjustments will be made pro-ratably to the customer charge and usage charge based upon actual revenue generated, as adjusted under the Company's approved Weather Normalization Adjustment (WNA) Rider. Provided, however, that neither the Residential nor the Commercial customer charges may increase more than 20% per year. b) The Company may also adjust rates for the Rate Effective Period to include recovery of any known and measurable changes to operating and maintenance costs including, but not limited to, payroll and compensation expense, benefit expense, pension expense, insurance costs, materials and supplies, bad debt costs, medical expense, transportation and building and lease costs for the Rate Effective Period. Provided, however, that adjustments may only be made for costs that are reasonable and necessary. Additionally, utility plant and rate base for the Rate ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM —RATE REVIEW MECHANISM APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Effective Period will be established by using the Evaluation Period ending balances, including associated changes in depreciation and amortization expense and taxes. In calculating the Company's known and measurable changes for prospective RRM adjustment purposes, the following limitations will apply, on a Per Connection Basis. 1. Operating and Maintenance expenses per connection for the Rate Effective Period cannot increase more than 5% per year without specific identification and justification. Any proposed adjustment above 5% per year, is subject to the provisions of the Evaluation Procedures of this tariff. Such procedures provide that the regulatory authority will review the proposed adjustment and that the Company and regulatory authority will work collaboratively to seek agreement on the proposed adjustments to the Company's schedules and proposed rates. Justification for such expenditures over the cap shall include an event or combination of events beyond the control of the Company. The beginning adjusted Operation and Maintenance expense per connection for the 2007 RRM Evaluation Period will be limited to not exceed $151 million divided by the connections for the period. The increase in adjusted Operation and Maintenance expenses per connection for the 2008 Rate Effective Period and the subsequent Rate Effective periods cannot exceed 5% per year, without specific identification and justification 2. Net plant investment per connection for the Rate Effective Period cannot increase more than 5% per year without specific identification and justification. Any proposed adjustment above 5% per year, is subject to the provisions of the Evaluation Procedures of this tariff. Such procedures provide that the regulatory authority will review the proposed adjustment and that the Company and regulatory authority will work collaboratively to seek agreement on the proposed adjustments to the Company's schedules and proposed rates. However, in performing a cap test to verify compliance, the Company shall exclude any changes in net plant investment associated with federal, state, or local mandates related to safety, compliance, or road moves, including steel service line replacement program costs incurred prior to October 1, 2010. The initial 2008 rate will be set using net plant limited to not exceed [$1,243,607,206 divided by average active meters for the 12 months ended June 30 2007] times 1.025 times the average active meters for calendar year 2007. Subsequent filing calculations of net plant investment will be made using the same method used in the Company's September 20, 2007 Statement of Intent except that Evaluation Period ending balances will be used for net plant in the calculation of rates for the Rate Effective Period. The rate increase limitations set forth in this tariff shall not preclude the Company from recovering any excluded net plant costs during a subsequent Evaluation Period in which the 5% limitation for net plant investment is not reached or in a subsequent Statement of Intent case. To the extent that the Company seeks to recover any excluded net plant costs during a subsequent Evaluation Period in which the 5% limitation for net plant investment is not reached or in a subsequent Statement of Intent case, the Company shall identify these costs as a specific line item in the schedule accompanying the RRM rate adjustment filing. 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 Evaluation Period or Statement of Intent filing. ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM—RATE REVIEW MECHANISM APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 c) Notwithstanding the limitations in subparts IV (a) through (b) of this tariff, the Company shall be entitled to separately adjust rates for the Rate Effective Period to include recovery for direct incremental costs associated with a steel service line replacement program incurred on and after October 1, 2010, a return on equity of 9.0% for such incremental costs as capitalized, depreciation, and applicable taxes. Capital structure will be the actual Evaluation Period ratio of long-term debt and equity, with percentage equity not to exceed 50%, based on the calculation methodology outcomes used above. Rate recovery associated with a steel service line replacement program shall be recovered through the Residential and Commercial customer charges and shall not be subject to or included in the rate increase limitations set forth in IV (a) through (b) of this tariff. Current year recovery factors are presumed to be $0.15 for residential customers and $0.41 for commercial customers. The rates will be adjusted annually, however, in no case will the per customer monthly cost recovery factors attributable to a steel service line replacement program exceed $0.44 for residential customers or$1.22 for commercial customers, prior to or during the pendency of the Company's next Statement of Intent case. Moreover, the per customer amount attributable to cost recovery for a steel service line replacement program shall be subject to review by the regulatory authority in a subsequent Evaluation Period and all costs associated with a steel service line replacement program will be subject to a prudence/reasonableness review in the Company's next Statement of Intent rate case. d) The Company shall provide a schedule demonstrating the "proof of revenues" relied upon to calculate the proposed rate for the Rate Effective Period. The proposed rates shall conform as closely as is practicable to the revenue allocation principles approved in the Final Order. V. Attestation A sworn statement shall be filed by the Company's Chief Officer in Charge of Mid-Tex Operations affirming that the filed schedules are in compliance with the provisions of this 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 or allocation of common costs. VI. Evaluation Procedures The regulatory authority having original jurisdiction over the Company's rates shall have no less than ninety (90) days to review the Company's filed schedules and work papers. The Company will be prepared to provide all supplemental information as may be requested to ensure 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 ten (10) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the schedules into compliance with the above provisions. During and following the ninety (90) day review period and a thirty (30) day response period, the Company and the regulatory authority will work collaboratively and seek agreement on, the proposed adjustments to the Company's schedule and proposed rates. If agreement has been reached by the Company and the regulatory authority, the regulatory authority shall authorize an increase or decrease to the Company's rates so as to achieve the revenue levels indicated for the Rate Effective Period. If, at the end of the thirty (30) day response period, the Company and the regulatory authority have not reached agreement on the proposed adjustments, the Company shall have the right to appeal the regulatory authority's action or inaction to the Railroad Commission of Texas. Upon the filing of any appeal, the Company shall have the right to implement the proposed RRM rate adjustment, including the adjustment attributable to steel service line replacement program costs, subject to refund. ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM—RATE REVIEW MECHANISM APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Rates established pursuant to the Rate Review Mechanism, if approved as provided herein, shall be effective on August 15 of each year. VII. Reconsideration and Appeal 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 the annual Rate Review Mechanism filing shall be provided pursuant to Section 104.103, TEX. UTIL. CODE ANN. no later than forty-five (45) days after the Company makes its annual filing pursuant to this tariff. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer; c) the service area or areas in which the proposed rate adjustment would apply; d) the date the proposed rate adjustment was filed with the regulatory authority; and e) the Company's address, telephone number and website where information concerning the proposed rate adjustment may be obtained. IX. RRM Schedules and Information a. Accumulated Deferred Income Tax("ADIT") Items To Be Recognized in Rate Base The following list identifies those ADIT components to be included in the calculation of rate base for both the Evaluation Period and Rate Effective Period calculations: Mid-Tex: Gas Plant in Service Insurance Accruals Benefit Accruals Deferred Expense Projects Allowance for Doubtful Accounts Customer Advances UNICAP Section 263A Costs (which shall be removed from Atmos Mid-Tex when these costs are transferred to Atmos Pipeline Texas) Regulatory Asset- Mid Tex Regulatory Liability- Mid-Tex Other Plant SSU -Customer Support: Gas Plant in Service ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM—RATE REVIEW MECHANISM APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 SSU -General Office: Gas Plant in Service Insurance Accruals Benefits Accruals Deferred Expense Projects Prepaid Expenses Regulatory Liability-Atmos 109 FAS 115 Adjustment Treasury Lock Adjustment Revenue Agent Report Carryforward Adjustments 1990-1985 Tax Net Operating Loss Credit Carryforwards State Bonus Depreciation R& D Credit Valuation Allowance Other Plant b. Discretionary Costs to Be Disallowed from Rider RRM filings The following types of employee reimbursed expenses and directly incurred costs are to be removed from all expense and rate base amounts included within Rider RRM filings for the Evaluation Period and for the Rate Effective Period: Amounts incurred for travel, meals or entertainment of employee spouses. Amounts for air travel that exceed published commercial coach air fares. Amounts incurred for hotel rooms exceeding $250 per night inclusive of taxes and fees assessed on such rooms. Amounts for alcoholic beverages. Amounts paid for admission to entertainment, sports, art or cultural events, and all event sponsorship costs. Amounts for social club dues or fees. ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY OF CURRENT AND PROPOSED RATE STRUCTURE TEST YEAR ENDING DECEMBER 31, 2009 (2010 RRM SETTLEMENT PROPOSAL) Proposed Line (Beginning No. Description Current Oct 1) (a) (b) (d) 1 Rate R 2 Customer Charge per month $7.00 $7.00 3 4 Consumption Charge per MCF $2.2647 $2.5246 5 2008 RRM True-up per MCF $0.0000 $0.0000 6 2009 RRM True-up per MCF $0.0060 $0.0000 7 Total Consumption Charge per MCF $2.2707 $2.5246 8 Rate C 9 Customer Charge per month $13.50 $13.50 10 11 Consumption Charge per MCF $0.9825 $1.0796 12 2008 RRM True-up per MCF $0.0000 $0.0000 13 2009 RRM True-up per MCF $0.0052 $0.0000 14 Total Consumption Charge per MCF $0.9877 $1.0796 15 Rate l &T 16 Customer Charge per month $425.00 $450.00 17 18 Consumption Charge per MMBTU: 19 First 1,500 MMBTU $0.2496 $0.2750 20 Next 3,500 MMBTU $0.1820 $0.2015 21 Over 5,000 MMBTU $0.0390 $0.0433 22 2008 RRM True-up per MMBTU: 23 First 1,500 MMBTU $0.0087 $0.0000 24 Next 3,500 MMBTU $0.0064 $0.0000 25 Over 5,000 MMBTU $0.0014 $0.0000 26 2009 RRM True-up per MMBTU: 27 First 1,500 MMBTU $0.0000 $0.0000 28 Next 3,500 MMBTU $0.0000 $0.0000 29 Over 5,000 MMBTU $0.0000 $0.0000 30 Total Consumption Charge per MMBTU 31 First 1,500 MMBTU $0.2583 $0.2750 32 Next 3,500 MMBTU $0.1884 $0.2015 33 Over 5,000 MMBTU $0.0404 $0.0433 ATMOS ENERGY CORP.,MID-TEX DIVISION CUSTOMER IMPACT OF PROPOSED RATES COMPARED TO CURRENT RATES TEST YEAR ENDING DECEMBER 31,2009 (2010 RRM SETTLEMENT PROPOSAL) Line Prospective No. Description Rate Increase (a) (b) 1 Rate R 2 Consumption Charge per MCF 3 Change from Current Rate $0.2539 4 Billing Units for Specified Period 78,500,000 5 Total Change in Base Revenue $19,934,212 6 Associated Revenue Taxes $1,490,401 7 Total Rate Impact $21,424,613 8 Number of Bills for Specified Period 17,287,740 9 Average Impact per Bill $1.24 10 Rate C 11 Consumption Charge per MCF 12 Change from Current Rate $0.0919 13 Billing Units for Specified Period 49,500,000 14 Total Change in Base Revenue $4,547,060 15 Associated Revenue Taxes $339,966 16 Total Rate Impact $4,887,026 17 Number of Bills for Specified Period 1,445,436 18 Average Impact per Bill $3.38 19 Rates I&T-Customer Charge 20 Customer Charge 21 Change from Current Rate $25.00 22 Billing Units for Specified Period 10,985 23 Total Change in Base Revenue $274,625 24 Associated Revenue Taxes $20,533 25 Total Rate Impact $295,157.61 26 Rates I&T-1st block 27 Consumption Charge per MCF 28 Change from Current Rate $0.0167 29 Billing Units for Specified Period 10,597,655 30 Total Change in Base Revenue $177,031 31 Associated Revenue Taxes $13,236 32 Total Rate Impact $190,266 33 Rates I&T-2nd block 34 Consumption Charge per MCF 35 Change from Current Rate $0.0131 36 Billing Units for Specified Period 10,791,216 37 Total Change in Base Revenue $141,297 38 Associated Revenue Taxes $10,564 39 Total Rate Impact $151,862 40 Rates I&T-3rd block 41 Consumption Charge per MCF 42 Change from Current Rate $0.0029 43 Billing Units for Specified Period 16,585,623 44 Total Change in Base Revenue $47,655 45 Associated Revenue Taxes $3,563 46 Total Rate Impact $51,218 47 Rates I&T-Total 48 Total Rate Impact $688,504 49 Number of Bills for Specified Period 10,985 50 Average Impact per Bill $62.68 51 52 Total Change in Base Revenue $25,121,880 53 Total Rate Impact(Inc.Rev.Taxes) $27,000,142 ATMOS ENERGY CORP.,MID-TEX DIVISION AVERAGE BILL COMPARISON-OCTOBER 1,2010 TEST YEAR ENDING DECEMBER 31,2009 Line OCTOBER 1,2010 1 Rate R a 4.5 Mcf CURRENT PROPOSED CHANGE 2 Customer charge $ 7.00 3 Consumption charge 4.5 MCF X $2.2707 = 10.31 4 Rider GCR Part A 4.5 MCF X $4.6303 = 21.03 5 Rider GCR Part B 4.5 MCF X $0.6611 = 3.00 6 7 Subtotal $ 41.34 8 Rider FF&Rider TAX $41.34 X 0.07477 = 3.09 9 Total $44.43 10 11 Customer charge $7.00 12 Consumption charge 4.5 MCF X $2.5246 = 11.46 13 Rider GCR Part A 4.5 MCF X $4.6303 = 21.03 14 Rider GCR Part B 4.5 MCF X $0.6611 = 3.00 15 16 Subtotal $42.49 17 Revenue-related Tax Reimbursement $42.49 X 0.07477 = 3.18 18 Total $45.67 $1.24 19 2.79% 20 21 Rate C at 34.2 Mcf CURRENT PROPOSED CHANGE 22 Customer charge $13.50 23 Consumption charge 34.2 MCF X $0.9877 = 33.82 24 Rider GCR Part A 34.2 MCF X $4.6303 = 158.57 25 Rider GCR Part B 34.2 MCF X $0.5542 = 18.98 26 27 28 Subtotal $224.87 29 Revenue-related Tax Reimbursement $224.87 X 0.07477 = 16.81 30 Total $241.69 31 32 Customer charge $13.50 33 Consumption charge 34.2 MCF X $1.0796 = 36.97 34 Rider GCR Part A 34.2 MCF X $4.6303 = 158.57 35 Rider GCR Part B 34.2 MCF X $0.5542 = 18.98 36 37 Subtotal $228.02 38 Revenue-related Tax Reimbursement $228.02 X 0.07477 = 17.05 39 Total $245.07 $3.38 .. ...40 1.40% 41 Rate I Cd 3457 MMBTU CURRENT PROPOSED CHANGE 42 Customer charge $425.00 43 Consumption charge 1,500 MMBTU X $0.2583 = 387.45 44 Consumption charge 1,957 MMBTU X $0.1884 = 368.69 45 Consumption charge 0 MMBTU X $0.0404 = 0.00 46 Rider GCR Part A 3,457 MMBTU X $4.6303 = 16,006.67 47 Rider GCR Part B 3,457 MMBTU X $0.3062 = 1,058.42 48 49 Subtotal $18,246.23 50 Revenue-related Tax Reimbursement $18,246.23 X 0.07477 = 1,364.20 51 Total $19,610.43 52 53 Customer charge $450.00 54 Consumption charge 1,500 MMBTU X $0.2750 = 412.51 55 Consumption charge 1,957 MMBTU X $0.2015 = 394.31 56 Consumption charge 0 MMBTU X $0.0433 = 0.00 57 Rider GCR PartA 3,457 MMBTU X $4.6303 = 16,006.67 58 Rider GCR Part B 3,457 MMBTU X $0.3062 = 1,058.42 59 Subtotal $18,321.91 60 Revenue-related Tax Reimbursement $18,321.91 X 0.07477 = 1,369.86 61 Total $19,691.77 $81.34 62 0.41% 63 Rate T 0 3480 MMBTU CURRENT PROPOSED CHANGE 64 Customer charge $425.00 65 Consumption charge 1,500 MMBTU X $0.2583 = 387.45 66 Consumption charge 1,957 MMBTU X $0.1884 = 368.69 67 Consumption charge 0 MMBTU X $0.0404 = 0.00 68 Rider GCR Part B 3,457 MMBTU X $0.3062 = 1,058.42 69 70 Subtotal $2,239.56 71 Revenue-related Tax Reimbursement $2,239.56 X 0.07477 = 167.44 72 Total $2,407.00 73 74 Customer charge $450.00 $25.00 75 Consumption charge 1,500 MMBTU X $0.2750 = 412.51 $25.06 76 Consumption charge 1,957 MMBTU X $0.2015 = 394.31 $25.62 77 Consumption charge 0 MMBTU X $0.0433 = 0.00 78 Rider GCR Part B 3,457 MMBTU X $0.3062 = 1,058.42 79 Subtotal $2,315.24 80 Revenue-related Tax Reimbursement $2,315.24 X 0.07477 = 173.10 81 Total $2,488.34 $81.34 3.38% ATMOS ENERGY CORP.,MID-TEX DIVISION CUSTOMER IMPACT OF PROPOSED RATES COMPARED TO CURRENT RATES (STEEL SERVICE REPLACEMENT PROGRAM) Line Prospective No. Description Rate Increase (a) (b) 1 Rate R 2 Monthly Customer Charge 3 Change from Current Rate $0.15 4 Billing Units for Specified Period 17,287,740 5 Total Change in Base Revenue $2,593,161 6 Associated Revenue Taxes $193,880 7 Total Rate Impact $2,787,041 8 Number of Bills for Specified Period 17,287,740 9 Average Impact per Bill $0.16 10 Rate C 11 Monthly Customer Charge 12 Change from Current Rate $0.41 13 Billing Units for Specified Period 1,445,436 14 Total Change in Base Revenue $592,629 15 Associated Revenue Taxes $44,308 16 Total Rate Impact $636,937 17 Number of Bills for Specified Period 1,445,436 18 Average Impact per Bill $0.44 19 20 Total Change in Base Revenue $3,185,790 21 Total Rate Impact(Inc.Rev.Taxes) $3,423,979 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 SETTLEMENT AGREEMENT BETWEEN ATMOS ENERGY CORP., MID-TEX DIVISION AND ATMOS CITIES STEERING COMMITTEE WHEREAS, this settlement agreement is entered into by Atmos Energy Corp's Mid- Tex Division and Atmos Cities Steering Committee ("ACSC") whose members include the Cities of Abilene, Addison, Allen, Alvarado, Angus, Anna, Argyle, Arlington, Bedford, Bellmead, Benbrook, Beverly Hills, Blossom, Blue Ridge, Bowie, Boyd, Bridgeport, Brownwood, Buffalo, Burkburnett, Burleson, Caddo Mills, Carrollton, Cedar Hill, Celeste, Celina, Cisco, Cleburne, Clyde, College Station, Colleyville, Colorado City, Comanche, Coolidge, Coppell, Corinth, Corral City, Crandall, Crowley, Dalworthington Gardens, Denison, DeSoto, Duncanville, Eastland, Edgecliff Village, Emory, Ennis, Euless, Everman, Fairview, Farmers Branch, Farmersville, Fate, Flower Mound, Forest Hill, Fort Worth, Frisco, Frost, Gainesville, Garland, Garrett, Grand Prairie, Grapevine, Haltom City, Harker Heights, Haskell, Hewitt, Highland Park, Highland Village, Honey Grove, Hurst, Iowa Park, Irving, Justin, Kaufman, Keene, Keller, Kemp, Kennedale, Kerrville, Killeen, Krum, Lakeside, Lake Worth, Lancaster, Lewisville, Lincoln Park, Little Elm, Lorena, Malakoff, Mansfield, McKinney, Melissa, Mesquite, Midlothian, Murphy, Nocona, North Richland Hills, Northlake, Oakleaf, Ovilla, Palestine, Pantego, Paris, Parker, Pecan Hill, Plano, Ponder, Pottsboro, Prosper, Quitman, Red Oak, Reno (Parker County), Richardson, Richland, Richland Hills, Roanoke, Robinson, Rockwall, Roscoe, Rowlett, Sachse, Saginaw, Seagoville, Sherman, Snyder, Southlake, Springtown, Stamford, Stephenville, Sulphur Springs, Sweetwater, Temple, Terrell, The Colony, Tyler, University Park, Venus, Vernon, Waco, Watauga, Waxahachie, Westlake, Whitesboro, White Settlement, Wichita Falls, Woodway, and Wylie. WHEREAS, on March 15, 2010, Atmos filed with the ACSC Cities an application, hereafter referred to as the 2010 RRM filing, to adjust rates pursuant to Rider RRM - Rate Review Mechanism; and WHEREAS, ACSC has hired experts and lawyers to analyze the rates proposed by Atmos Energy Corp.'s, Mid-Tex Division("Atmos" or"Company") in its 2010 RRM filing; and WHEREAS, the Settlement Agreement resolves all issues between Atmos and ACSC ("the Signatories") regarding the 2010 RRM filing, which is currently pending before the ACSC Cities, in a manner that the Signatories believe is consistent with the public interest, and the Signatories represent diverse interests; and WHEREAS, the Signatories believe that the resolution of the issues raised in the 2010 RRM filing can best be accomplished by each ACSC City approving this Settlement Agreement and the rates, terms and conditions reflected in the tariffs attached to this Settlement Agreement as Exhibit A; NOW, THEREFORE, in consideration of the mutual agreements and covenants established herein, the Signatories, through their undersigned representatives, agree to the following Settlement Terms as a means of fully resolving all issues between the ACSC Cities and Atmos involving the 2010 RRM filing: 1 Settlement Terms 1. Upon the execution of this Settlement Agreement, Atmos and the counsel for the ACSC cities will recommend that an ordinance or resolution be adopted to approve this Settlement Agreement and implement the rates, terms and conditions reflected in the tariffs attached to this Settlement Agreement as Exhibit A. (Attachment A to the Ordinance ratifying this Agreement). Said tariffs should allow Atmos an additional, prospective $27 million in annual revenue by implementation of rates shown in the proof of revenues attached as Exhibit B. (Attachment B to the Ordinance ratifying this Agreement). The uniform implementation of gas rates, terms and conditions established by this Settlement Agreement shall be effective for bills rendered on or after October 1, 2010. 2. In an effort to streamline the regulatory review process, Atmos and ACSC have agreed to renew the Rate Review Mechanism ("Rider RRM") for a period commencing with the Company's April 1, 2011 filing under this mechanism for the calendar year 2010, effective August 15, 2011, and concluding upon the implementation of new, final rates established pursuant to the general rate case that Atmos will file on or before June 1, 2013. Rider RRM provides for an annual rate adjustment to reflect changes in billing determinants, operating and maintenance expense, depreciation expense, other taxes expense, and revenues as well as changes in capital investment and associated changes in gross revenue related taxes. The revised RRM tariff is included in Exhibit A. 3. Notwithstanding the RRM rate adjustments that will occur pursuant to paragraph 2 of this Settlement Agreement, Atmos and ACSC agree that on or before June 1, 2013, Atmos shall file a general, system-wide rate case for the Mid-Tex Division. During the pendency of the general rate case, Atmos and ACSC agree that rate adjustments associated with the RRM filing for calendar year 2011 shall be implemented on August 15, 2012, and shall remain in effect until the earlier of either the issuance of a final order by the Railroad Commission of Texas in the general rate case to be filed on or before June 1, 2013, or the entry of an agreed upon order resolving all issues involved in the general rate case. The adjustments made or requested in the 5th year RRM shall not be considered precedent during the general rate case. 4. Atmos and ACSC further agree that for the period commencing March 1, 2010 through September 30, 2012, Atmos will expand its existing steel service line replacement program to complete the replacement of 100,000 steel service lines within its Mid-Tex Division during this period. Atmos and ACSC agree that a risk-based approach should be adopted to allow replacement of the highest priority steel service lines within this time period. Atmos agrees to provide the ACSC cities with quarterly reports providing the number and location of the lines replaced during the quarter. Atmos agrees to coordinate with ACSC member cities to minimize disruption to cities' rights of way without compromising the safety of residents of the cities. 5. Atmos and ACSC agree that costs incurred to replace steel service lines prior to October 1, 2010 shall be included in the RRM rate adjustment calculation for the 2010 calendar year, and shall not be subject to or included in the rate cap limitations set forth in subsection IV (a)-(b) of the Rider RRM tariff 2 6. Atmos and ACSC agree that the projected incremental direct costs incurred to replace steel service lines on or after October 1, 2010 shall be separately identified and shall not be subject to or included in the rate cap limitations set forth in subsection IV (a)- (b) of the Rider RRM tariff. Atmos and ACSC further agree that such projected direct incremental costs incurred to replace steel service lines after October 1, 2010, shall be separately calculated and recovered as a discrete component of customer charges in the Company's annual RRM filings as set forth below: a. Atmos and ACSC agree that Atmos shall be entitled to separately adjust rates for the Rate Effective Period as defined in the Rider RRM tariff to allow recovery of the projected annual revenue requirement associated with direct incremental costs to be incurred in connection with a steel service line replacement program, that are not otherwise included within the RRM cost of service, including a return on equity of 9.0% within the overall weighted cost of capital applied to net investment (net plant additions, less accumulated depreciation and accumulated deferred income taxes), depreciation expense and applicable taxes; b. Atmos and ACSC further agree that the capital structure used to calculate the steel service line replacement rate adjustment will be the actual Evaluation Period (as defined in the Rider RRM tariff) ratio of long-term debt and equity, with an equity percentage not to exceed 50%; c. Rate recovery associated with a steel service line replacement program shall occur through an adjustment to the Residential and Commercial customer charges. Current year recovery factors as of October 1, 2010 shall be $0.15 for residential customers and $0.41 for commercial customers. The rates will be adjusted annually, however, Atmos and ACSC agree that in no case will the per customer monthly cost recovery factors attributable to a steel service line replacement program exceed $0.44 for residential customers or $1.22 for commercial customers, either prior to or during the pendency of the general rate case Atmos will file on or before June 1, 2013. d. Atmos and ACSC further agree that any per customer amount attributable to cost recovery for a steel service line replacement program shall be subject to review by the regulatory authority in a subsequent Evaluation Period as defined in the Rider RRM tariff and all incremental costs associated with a steel service line replacement program shall be subject to a prudence/reasonableness review in the general rate case to be filed by Atmos on or before June 1, 2013. 7. With respect to the Company's annual RRM filings, Atmos agrees to pay all reasonable and necessary expenses of each entity having original jurisdiction that are incurred to review the Company's annual RRM filings. Atmos further agrees that in calculating the proposed rate for any Rate Effective Period, the Company shall not include: (1) any external legal, expert, or consultant costs to prepare and/or provide supportive information related to its filing; or (2) reimbursements to original jurisdiction entities. 8. Notwithstanding paragraph 7 of this Settlement Agreement, Atmos and ACSC agree that in the event of an appeal of an original jurisdiction entity's decision regarding a proposed RRM adjustment, recovery of rate case expenses shall be determined 3 according to Chapters 103 and 104, TEx. UTIL. CODE ANN. Further, in the event of such appeal(s), Atmos shall recover any reimbursement made to the original jurisdiction entity through a surcharge to all customer rates that are subject to the Commission's jurisdiction in that proceeding or proceedings that might be joined therewith, regardless of whether such reimbursements are made during the initial review period or appeal period. 9. The ACSC Cities agree that they will not challenge the legal basis of the rates, terms, and conditions reflected in Exhibit A, or any annual RRM adjustment that is implemented pursuant to Rider RRM. 10. Atmos and the ACSC Cities further agree that the express terms of the Rider RRM are supplemental to the filing, notice, regulatory review, or appellate procedural process of the ratemaking provisions of Chapter 104 of the Texas Utilities Code. If the statute requires a mandatory action on behalf of the municipal regulatory authority or Atmos, the parties will follow the provisions of such statute. If the statute allows discretion on behalf of the municipal regulatory authority, the ACSC Cities agree that they shall exercise such discretion in such a way as to implement the provisions of the RRM tariff. If Atmos appeals an action or inaction of an ACSC City regarding an RRM filing to the Railroad Commission, the ACSC Cities agree that they will not oppose the implementation of interim rates or advocate the imposition of a bond by Atmos consistent with the RRM tariff Atmos agrees that it will make no filings on behalf of its Mid-Tex division under the provisions of TEx. UTIL. CODE ANN. § 104.301 while the Rider RRM is in place. In the event that a regulatory authority fails to act or enters an adverse decision regarding the proposed annual RRM adjustment, the Railroad Commission of Texas shall, pursuant to the provisions of the Texas Utilities Code, have exclusive appellate jurisdiction to review the action or inaction of the regulatory authority exercising exclusive original jurisdiction over the RRM request. In addition, the Signatories agree that this Settlement Agreement shall not be construed as a waiver of the ACSC Cities' right to initiate a show cause proceeding or the Company's right to file a Statement of Intent under the provisions of the Texas Utilities Code. 11. Atmos and ACSC further agree that the ordinance or resolution adopting this Settlement Agreement shall include a provision authorizing Atmos to establish regulatory asset account(s) for costs related to working gas in storage. Atmos and ACSC further agree that the language authorizing these regulatory asset account(s) shall be the same as that set forth in the 4`11 Ordering Paragraph (Page 10 of 11) of the Final Order Nunc Pro Tunc issued by Railroad Commission of Texas in GUD No. 9869 on February 23, 2010. This language states as follows: IT IS FURTHER ORDERED that Atmos shall be allowed to establish a regulatory asset for the ad valorem taxes related to working gas in storage. In addition, Atmos shall be allowed to establish a regulatory asset for (1) the costs associated with Accumulated Deferred Income Tax for UNICAP Section 263A, (2) the WACOG to FIFO change, and (3) an amount equal to the rate of return approved in this RRM Proceeding for the Accumulated Deferred Income Tax items related to working gas in storage. Atmos shall record these amounts in Other Regulatory Assets (Account 182.3). These deferred items shall be considered, along with the 4 investment in working gas, for consideration and possible inclusion in rates for Atmos Pipeline-Texas in that entity's next filed rate case. If the Commission determines that such deferred items are not properly included in the rates of Atmos Pipeline—Texas, the items shall be further deferred until the next Atmos Mid-Tex rate case filed after the final decision in the Atmos Pipeline-Texas rate case for inclusion with the working gas investment in the Atmos Mid-Tex rates. 12. Atmos and ACSC agree that each ACSC city should approve this Settlement Agreement and adopt an ordinance or resolution to implement for the ACSC Cities the rates, terms, and conditions reflected in the tariffs attached to this Settlement Agreement as Exhibit A, as well as the regulatory asset authorization language discussed in paragraph 12 of this Settlement Agreement. 13. The Signatories agree that the terms of the Settlement Agreement are interdependent and indivisible, and that if any ACSC city enters an order that is inconsistent with this Settlement Agreement, then any Signatory may withdraw without being deemed to have waived any procedural right or to have taken any substantive position on any fact or issue by virtue of that Signatory's entry into the Settlement Agreement or its subsequent withdrawal. If any ACSC city rejects this Settlement Agreement, then this Settlement Agreement shall be void ab initio and counsel for the ACSC Cities shall thereafter only take such actions as are in accordance with the Texas Disciplinary Rules of Professional Conduct. 14. The Signatories agree that all negotiations, discussions and conferences related to the Settlement Agreement are privileged, inadmissible, and not relevant to prove any issues associated with Atmos' 2010 RRM filing. 15. The Signatories agree that neither this Settlement Agreement nor any oral or written statements made during the course of settlement negotiations may be used for any purpose other than as necessary to support the entry by the ACSC Cities of an ordinance or resolution implementing this Settlement Agreement. 16. The Signatories agree that this Settlement Agreement is binding on each Signatory only for the purpose of settling the issues set forth herein and for no other purposes, and, except to the extent the Settlement Agreement governs a Signatory's rights and obligations for future periods, this Settlement Agreement shall not be binding or precedential upon a Signatory outside this proceeding. 17. The Signatories agree that this Settlement Agreement may be executed in multiple counterparts and may be filed with facsimile signatures. 5 Agreed to this day of August, 2010. ATMOS ENERGY CORP., MID-TEX DIVISION By: John A. Paris President, Mid-Tex Division 6 Agreed to this day of August 2010. ATTORNEY FOR ATMOS TEXAS MUNICIPALITIES, WHOSE MEMBERS INCLUDE THE CITIES OF ABILENE, ADDISON, ALLEN, ALVARADO, ANGUS, ANNA, ARGYLE, ARLINGTON, BEDFORD, BELLMEAD, BENBROOK, BEVERLY HILLS, BLOSSOM, BLUE RIDGE, BOWIE, BOYD, BRIDGEPORT, BROWNWOOD, BUFFALO, BURKBURNETT, BURLESON, CADDO MILLS, CARROLLTON, CEDAR HILL, CELESTE, CELINA, CISCO, CLEBURNE, CLYDE, COLLEGE STATION, COLLEYVILLE, COLORADO CITY, COMANCHE, COOLIDGE, COPPELL, CORINTH, CORRAL CITY, CRANDALL, CROWLEY, DALWORTHINGTON GARDENS, DENISON, DESOTO, DUNCANVILLE, EASTLAND, EDGECLIFF VILLAGE, EMORY, ENNIS, EULESS, EVERMAN, FAIRVIEW, FARMERS BRANCH, FARMERSVILLE, FATE, FLOWER MOUND, FOREST HILL, FORT WORTH, FRISCO, FROST, GAINESVILLE, GARLAND, GARRETT, GRAND PRAIRIE, GRAPEVINE, HALTOM CITY, HARKER HEIGHTS, HASKELL, HEWITT, HIGHLAND PARK, HIGHLAND VILLAGE, HONEY GROVE, HURST, IOWA PARK, IRVING, JUSTIN, KAUFMAN, KEENE, KELLER, KEMP, KENNEDALE, KERRVILLE, KILLEEN, KRUM, LAKESIDE, LAKE WORTH, LANCASTER, LEWISVILLE, LINCOLN PARK, LITTLE ELM, LORENA, MALAKOFF, MANSFIELD, MCKINNEY, MELISSA, MESQUITE, MIDLOTHIAN, MURPHY, NOCONA, NORTH RICHLAND HILLS, NORTHLAKE, OAKLEAF, OVILLA, PALESTINE, PANTEGO, PARIS, PARKER, PECAN HILL, PLANO, PONDER, POTTSBORO, PROSPER, QUITMAN, RED OAK, RENO (PARKER COUNTY), RICHARDSON, RICHLAND, RICHLAND HILLS, ROANOKE, ROBINSON, ROCKWALL, ROSCOE, ROWLETT, SACHSE, SAGINAW, SEAGOVILLE, SHERMAN, SNYDER, SOUTHLAKE, SPRINGTOWN, STAMFORD, STEPHENVILLE, SULPHUR SPRINGS, SWEETWATER, TEMPLE, TERRELL, THE COLONY, TYLER, UNIVERSITY PARK, VENUS, VERNON, WACO, WATAUGA, WAXAHACHIE, WESTLAKE, WHITESBORO, WHITE SETTLEMENT, WICHITA FALLS, WOODWAY, AND WYLIE By: Geoffrey Gay* * Subject to approval by ACSC City Councils 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 14, 2010 Item Number: 2. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 18, 2010 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing and consider, and act upon amending Zoning Ordinance 2006-04, Article 5, Section 5.1.D (Office), 5.1.E (Recreational, Entertainment, and Amusement), 5.1.F (Retail, Personal Service & Commercial), and 5.1.J (Accessory Uses); allowing for and providing certain safeguards and parking requirements relating to office, amusement, and retail uses, specifically car washes, Inside Commercial Amusement, check cashing business, and home occupations. ZC2010-04 Recommendation Motion to approve amending regulations to Zoning Ordinance 2006-04, Article 5, Section 5.1.D (Office), 5.1.E (Recreational, Entertainment, and Amusement), 5.1.F (Retail, Personal Service & Commercial), and 5.1.J (Accessory Uses); allowing for and providing certain safeguards and parking requirements relating to office, amusement, and retail uses, specifically car washes, Inside Commercial Amusement, check cashing business, and home occupations. ZC2010-04 Discussion In researching permitted uses associated with office, retail, personal services and commercial uses, and where such uses are located throughout the city, including parking requirements for various indoor commercial amusement facilities, staff offers several amendments in an effort to better streamline and quantify certain use categories. Specific uses researched include financial institutions, car washes, commercial amusement or recreation, inside, and home occupations. The elements that are surrounded by these type uses need to be specifically addressed. High volume traffic areas need some oversight. SECTION 5.1.D OFFICE, Financial Institutions are currently categorized as "with and without drive-thru services". As the market has changed and as varying facility types have evolved, it is apparent that our ordinance should be updated to reflect a more streamlined category. Staff is proposing to define the financial institution category where it is not all-inclusive. The proposed amendment would classify such uses as: 1. Financial Institution,with drive-through a. Definition: Bank headquarters or branch of a financial institution with drive-through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody, loan or exchange of money, and the extension of credit that provides drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment, loan or mortgage broker, stockbroker or other financial institution without a state bank charter. An automatic teller machine is not considered a bank. Page 1 of 4 Page 2 of 4 2. Financial Institution,without drive-through a. Definition: Bank headquarters or branch of a financial institution without drive-through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody, loan or exchange of money, and the extension of credit that does not provide drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment, or other financial institution without a state bank charter. A "stand alone" automatic teller machine on a separate lot is not considered a bank. 3. Financial Institution, Alternative a. Definition: A non-depository, check cashing business, payday advance or loan establishment, money transfer business holding a Money Transmission or Currency Exchange license with the Texas Department of Banking, car title loan business or a stand-alone automatic teller machine. Planning Commission Discussion The Commission asked for clarity on automatic teller machines in regards to which category they would fall under. It was voted that the language specify "stand alone" ATM's be considered as Alternative Financial Institutions. If an ATM was being proposed on a single lot as the primary structure then it would be classified as Financial Institution, Alternative. However, if a bank that holds a charter granted under the Texas Department of Banking also has a detached ATM on the same lot as the main building; it is considered part of the bank and would be classified as either Financial Institution, with drive-through or Financial Institution, without drive- through and would not require an SUP. In addition, it was questioned whether Council should have the authority to regulate the hours of operation for an alternative financial institution or not. Although the Commission did not direct staff to remove this item, staff would like to reiterate that because the proposal is being made to require an SUP for Alternative Financial Institutions, hours of operation may be part of the SUP conditions or simply left to the discretion of the business owner at the time the SUP request is considered by the Commission and the Council. SECTION 5.1.E RECREATION, ENTERTAINMENT & AMUSEMENT currently lists Commercial Amusement or Recreation(Inside) as a single category, and thus the use has only one parking requirement. The proposed amendment would divide Commercial Amusement or Recreation, Inside into two distinct categories with different parking requirements. The first category would be Low-Density and would be parked at 1 space per 500 square feet of floor area, plus four spaces per unit of entertainment. The uses in this category typically include bowling alleys, miniature golf facilities, and batting cages. These uses have a lower occupancy potential as the amusement devices themselves have a large footprint and use a majority of the available floor area. The second category would be High-Density and would retain the current parking requirements of 1 space per 100 square feet of floor area. The uses for this category include billiard parlors and arcades among others. These uses typically have a high occupancy potential as the amusement devices themselves have relatively small footprints and use a small floor area. 1. Commercial Amusement or Recreation, Inside a. Low-Density (1). Definition: Low-Density Commercial Amusement, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee, where the space used by the equipment for the games or entertainment preclude occupancy of a majority of the floor space. These types of uses include, but are not limited to bowling alleys, miniature golf, and sporting practice cages. Page 3 of 4 b. High-Density (1). Definition: High-Density Commercial Amusement, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee, where a majority of the floor area is usable for occupancy. This use typically includes but is not limited to billiard parlors, arcades, and other coin-operated machines. Planning Commission Discussion No additional comments from the Commission. SECTION 5.1.F RETAIL allows car wash facilities by right in Community Retail (CR), Commercial Corridor (CC) and permitted with approval of a Specific Use Permit (SUP) within the Neighborhood Services (NS) District. Through staff research, most car wash uses (self-service or tunnel) are restricted to either more intense commercial districts or require SUP oversight. While Staff understands the need for car washes for our city and its citizens, we must also consider specific criteria that put into place certain safeguards as it relates to site layout. The proposed amendments will address greater setbacks from residential districts as well as where vacuum areas and/or detail areas are located on the site. Water conservation and smart water use plays a substantial role in the protection of our environment. Providing commercial car washes provides an alternative for individual property owners who would otherwise wash their vehicles in their driveways. Although the TCEQ considers individual residential car washing as an "occasional incidental non-storm water discharge, " a small amount of pollutants including oil, grease, wheel cleaners, and soaps are likely to be contained in the discharge flowing from the individual's site. Eventually, this discharge can enter storm drains and flow into our lakes, rivers, and streams. Commercial car washes are typically water efficient and have measures installed in them to capture oil, grease, and sediments so that these contaminants are not discharged into the environment. Aesthetically, car washes can be designed to be compatible with the surrounding area. However, in the unfortunate event of the business failing, the reuse of such a facility is very limited and lends itself to a vacant building that will blight the area until it is demolished and the entire site is redeveloped. The proposed amendments would place additional provisions to safeguard site design, including but not limited to: 1. All washing facilities shall occur under a roofed area with at least two walls; 2. Limit where vacuuming and detailing takes place on the site; 3. Distance from the building to a residential district line; 4. Implement provisions to construct a permanent screening fence or wall not less than six feet in height along any site property line which abuts a residential district. 5. Require all car wash uses to seek approval through an SUP. Planning Commission Discussion No additional comments from the Commission. Section 5.1.J Accessory Uses, 9. Home Occupations, The current language of the home occupation ordinance is very restrictive in that it does not allow customers to retrieve previously purchased items from the business owner's address. The current ordinance states that "there shall be no sale of merchandise which requires customers to go to the property". This statement as it is written prevents the pick-up of such typical home sale items as cosmetics, pre-packaged Page 4 of 4 spices, candles, firearms, books, etc. Today many consumers purchase items via the internet, telephone, or at product- sponsored home parties. Some of these transactions, due to State and Federal regulations, have additional steps in the process that necessitates the products being delivered to the sellers address and not to the customer who originally made the purchase. A change to the Home Occupation Ordinance would allow for these transactions to be completed in Residential Zoning Districts. The intent is not to simply make this an open-ended market where residential neighborhoods would begin to resemble commercial districts. Therefore, certain safe-guards are proposed to insure that residential neighborhoods continue to maintain a residential character and not allow an over-abundance of traffic that is not customarily associated with single- family dwelling areas. The primary change in text removes the statement that there shall be no sale of merchandise which requires customers to go to the property, and replaces it with: sales from orders previously made by telephone, internet or at a previously held off-site sales party may be filled on the premises. Plannine Commission Discussion The Commission discussed at length whether or not requirements and/or regulations should be put in place regarding the inside use of a dwelling unit. Initially staff proposed to limit the space dedicated for home occupation to 10% of the total floor area including the garage. As an example, if the property owner resides in a 2,000 s.f. home, 200 s.f. can be dedicated as a home occupation; or on a smaller scale, a 900 s.f. home could dedicate 90 s.f. to the home occupation. These numbers roughly equate to one room (typically a bedroom or a living room). However, after much debate, the Commission directed staff to remove this clause from the proposal. Staff reiterated that even without the 10% or any percentage given, by definition there are some limitations in place. By definition, Home Occupation is an occupation that is incidental to the primary use of the premises as a residence and conducted on the residential premises by a resident of the premises. In essence, as long as the home occupation does not exceed 49% of the total floor area, it remains incidental to the residential use. Additionally, the Commission also eliminated the clause that all employees shall be members of the resident family and shall reside on the premises. The Commission voted to replace the clause with No more than 3 additional employees on the premises who need not be residents of the premises. The Commission voted 6-1 to recommend approval of the proposed amendment with the aforementioned modifications. Approved By Initial Date Department Director RO 08/f18/10 City Manager I1� q/9 (t Ci y wyL E Zoning Ordinance ARTICLE 5 USE REGULATIONS SECTION 5.1 LAND USE CHARTS Buildings, structures and land shall be used only in accordance with the uses permitted in the following Land Use Tables, subject to all other applicable requirements of this ordinance. Page lof 225 ARTICLE 5: USE REGULATIONS CITY or Wyr IL Zoning Ordinance Residential Districts Permitted Uses Non-Residential Districts Low-Density Medium- High-Density Commercial Industrial Mixed Residential Density Residential Uses Residential AG/3 SF- SF- SF- TH MF MH D. Office NS CR CC BG L I H I DT SB 0 1A/ 20/ 10/ H 30 26 24 • 1. Financial Institution S S P P (with drive-thru) 2. Financial Institution P P P P PPP (without drive-thru) 3. Financial S S S S S SS Institution, Alternative 4. General Office P P P P PPP 5. Medical Clinic P* P P P* P* P P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 2of 225 ARTICLE 5: USE REGULATIONS 41 Cin cji W'YL,IL Zoning Ordinance Residential Districts Permitted Uses Non-Residential Districts Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential AG/ SF- SF- SF- TH MF MH F. Retail, Personal NS CR CC BG L I H I DTH SBO 30 IA/ 20/ 10/ Service & 30 26 24 Commercial S 1. Animal Clinic or S P P Hospital 2. Automobile Rental S P* P P* P 3. Automobile Repair, S S P Major 4. Automobile Repair, S P P P S Minor 5. Body Art Studio P* p* 6. Car Wash S S* S* 7. Club or Lodge(Non- p P P P P profit) 8. Contractor's S P Maintenance Yard 9. Dry Cleaning or P P P P P P* Laundry, Drop-Off or Self Service 10. Cleaners S P* P* (Commercial) 11. Equipment Rental S S S P P 12. Food Processing S P* P P 13. General Merchandise p p p p* p p p or Food Store 5,000 s.f. or less P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 3of 225 ARTICLE 5: USE REGULATIONS tit City r Mill Zoning Ordinance f D. Office Uses 1. Financial Institution,with drive-through a. Definition: Bank headquarters or branch of a financial institution with drive-through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody, loan or exchange of money, and the extension of credit that provides drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment, loan or mortgage broker, stockbroker or other financial institution without a state bank charter. An automatic teller machine is not considered a bank. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001 —50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: None 2. Financial Institution,without drive-through a. Definition: Bank headquarters or branch of a financial institution without drive-through window means a facility granted a charter under the Texas Department of Banking as a state- chartered bank, savings and loan,or credit union for the custody, loan or exchange of money, and the extension of credit that does not provide drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment,or other financial institution without a state bank charter. An automatic teller machine is not considered a bank. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001 —50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: None 3 Financial Institution,Alternative a. Definition: A non-depository, check cashing business, payday advance or loan establishment, money transfer business holding a Money Transmission or Currency Exchange license with the Texas Department of Banking, car title loan business or a stand alone automatic teller machine on a single lot as a primary use. Page 4of 225 ARTICLE 5: USE REGULATIONS 14/ Ciro ! Y1.1[ Zoning Ordinance b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001 —50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: In addition to requiring a Specific Use Permit, an Alternative Financial Institution as defined in Section 5.1.D.3, shall comply with the following regulations: (1) Hours of operation shall be established by City Council; (2) No outside queuing; (3) Must have an indoor waiting area large enough to accommodate all customers; (4) A lot containing an alternative financial institution shall be located at least 1,000 feet from any lot containing another alternative financial institution, as measured in a straight line between the nearest point from one property line to the other property line. (5) No lot containing an alternative financial institution shall be located within 500 feet of the rights-of-way for any 4 lane divided or greater thoroughfare as indicated on the most current Thoroughfare Plan. (6) A lot containing an alternative financial institution shall be located at least 300 feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one property line to the other property line. 4. General Office a. Definition: General office means a place for the regular transaction of business. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: • Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001 —50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: None 5. Medical Clinic a. Definition: Medical clinic means a facility for examining, consulting with,and treating patients with medical, dental, or optical problems on an out-patient basis. b. Permitted Districts: See Land Use Charts in Section 5.1. Page 5of 225 741 Ciitirwt.ie Zoning Ordinance c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001 —50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: NS District: If the building is over 5,000 square feet, an SUP is required. LI and HI Districts: May only occupy up to 10 percent of the gross floor area of a building. E.Recreational,Entertainment&Amusement Uses 1. Commercial Amusement or Recreation, Inside a. Low-Density (1). Definition: Low-Density Commercial Amusement, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee, where the space used by the equipment for the games or entertainment preclude occupancy of a majority of the floor space. These types of uses include, but are not limited to bowling alleys, miniature golf, and practice cages. (2).Permitted Districts: See Land Use Charts in Section 5.1. (3). Required Parking: Four spaces for every bowling alley, golf hole, batting cage or other unit of activity as prescribed by the Planning Director, plus one space per 500 square feet of floor area inclusive of the gaming areas. (4).Required Loading: None (5). Additional Provisions: None b.High-Density (1). Definition: High-Density Commercial Amusement, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee, where a majority of the floor area is usable for occupancy. This use typically include but are not limited to billiard parlors, arcades, and other coin- operated machines. (2).Permitted Districts: See Land Use Charts in Section 5.1. (3). Required Parking: One space for every 100 square feet of floor area and one space for each employee. (4). Required Loading: None (5). Additional Provisions: None F. Retail,Personal Service& Commercial Uses 6. Car Wash Page 6of 225 7/ Crrvi01 Wvi;ii Zoning Ordinance ... ....... a. Definition: Car wash means a facility for the washing or cleaning of vehicles. A car wash may be: (1) a single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high pressure hose to wash the vehicle by hand; or (2) an automated single unit type which has a single bay to accommodate one vehicle at a time; or (3) a tunnel unit type which allows washing of multiple vehicles in a tandem arrangement while moving through the structure. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Type of Car Wash Total Number of Parking Spaces Required Single unit,not automated Automated single unit Tunnel unit I per employee d. Required Loading: None e. Additional Provisions: (1) The following off-street stacking spaces are required: Type of Car Wash Total Number of Stacking S aces Re uired Single unit, not 2 automated Automated single unit 2 Tunnel unit 5 (2) Bay openings shall not face public streets or adjoining residential properties. (3) All washing facilities shall occur under a roofed area with at least two walls. (4) Vacuuming and/or detailing area may be outside the building but shall not be within 50 feet of the front property line and shall not be closer than 100 feet from any residential district. (5) Vacuuming and/or detailing area may be outside the building, but shall not be within 200 feet of the rights-of-way for any 4 lane divided or greater thoroughfare as indicated on the most current Thoroughfare Plan. (6) The building shall not be less than 150 feet from any residential district. (7) A permanent screening fence or wall not less than six feet in height shall be constructed along any site property line which abuts a residential district. During site plan review, the Commission may allow a living screen to be combined with or in lieu of the solid screening. J. Accessory Uses Page 7of 225 ARTICLE 5: USE REGULATIONS tit ,In OF visit Zoning Ordinance 9. Home Occupation a. Definition: Home occupation means an occupation that is incidental to the primary use of the premises as a residence and conducted on the residential premises by a resident of the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None, other than required for the primary structure. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) On-premise advertisements, signs or displays are prohibited. (2) The appearance of the structure shall not be altered, nor shall the occupation within the dwellings be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials,construction, lighting, or by signs,or the emission of sounds, noises, dust, odors, fumes, smoke, or vibrations. (3) No more than 3 additional employees on the premises who need not be residents of the premises. . (4) Sales from orders previously made by telephone, internet or at a sales party may be filled on the premises. (5) Pedestrian and vehicular traffic will be limited to that normally associated with residential districts. (6) There shall be no outdoor storage of materials or equipment; no storage of toxic or hazardous materials, including ammunition and gunpowder, nor shall merchandise be visible from outside the dwelling. (7) The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (8) There shall be no use or storage of mechanical equipment not recognized as being part of normal household or hobby use. Page 8of 225 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 14, 2010 Item Number: 3. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 24, 2010 Budgeted Amount: All Funds Summary, Budget Exhibits: Ordinance, 4B Budget Subject Consider, and act upon, Ordinance No. 2010-17 adopting a budget and appropriating resources for Fiscal Year 2010-2011, beginning October 1, 2010, and ending September 30, 2011. This ordinance also authorizes approval of the FY 2010-2011 4B Budget and authorizes expenditures for the FY 2010-2011 Community Services Facilities Capital Improvement Plan. Recommendation Motion to approve Ordinance No. 2010-17 adopting the budget and appropriating resources for Fiscal Year 2010-2011, beginning October 1, 2010, and ending September 30, 2011 and approving the FY 2010-2011 4B Budget and authorizing expenditures for the FY 2010-2011 Community Services Facilities Capital Improvement Plan Discussion The tax rate being proposed for Fiscal Year 2010-2011 is $0.8989 per $100 of assessed valuation. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. The adoption of the FY 2010-2011 tax rate is presented as a separate agenda item. The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the V2 cent sales tax for parks, recreation and library projects. The Board of Directors of the Corporation are: Mayor Eric Hogue Councilmember Bennie Jones Councilmember Rick White Councilmember Kathy Spillyards Shirley Burnett—Library Board Member Daniel Chesnut—Parks Board Member Anne Hiney—Parks Board Member Page 1 of 1 Page 2 of 2 As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of sales tax receipts for projects approved by the City Council. Further, the Bylaws state that," It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Approved By Initial Date Department Director LB 8/ 4/10 City Manager I' YI ` -1 t ORDINANCE NO. 2010-17 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2010-2011, BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2010-2011; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS, the City Council on August 24, 2010, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget and the revenues and expenditures contained therein is in the best interest of the City and therefore desires to adopt the same by formal action; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2010-2011. Section 2. That the sum of eighty million, five hundred seventy thousand, and three hundred ninety-eight dollars, $80,570,398 is hereby appropriated for the City's FY 2010-2011 Budget. These funds are for payment of operating, capital, and debt service expenses associated with the operation and administration of the City according to the various purposes and intents described in the FY 2010-2011 budget document. Section 3. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance No.2010-17 Approval of Budget FY2010-2011 1 Section 4. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 14th day of September, 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No.2010-17 Approval of Budget FY2010-2011 2 SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2010-2011 BUDGET DEBT SERVICE FUNDS SPECIAL GENERAL REVENUE G 0 DEBT 4B DEBT FUND FUNDS SERVICE SERVICE ESTIMATED BEGINNING BALANCES $ 7,413,328 $ 4,703,102 $ 687,267 $ 190,342 REVENUES: - Ad Valorem Taxes 13,751,556 - 6,821,422 - Non-Property Taxes 2,608,112 1,299,056 - - Franchise Fees 2,260,000 - - - Licenses&Permits 287,030 - - - Intergovernmental 595,067 7,500 - - Service Fees 2,204,000 1,289,500 - - Court Fees 548,107 - - - Interest&Misc.Income 333,646 162,070 6,500 - TOTAL REVENUES 22,587,518 2,758,126 6,827,922 - Transfers from Other Funds 1,252,612 1,370,427 900,000 565,000 Transfer from Fleet Fund for Current Vehicles 217,500 Transfer from Fleet Fund to Close Fund 525,000 Use of Fund Balance for Emerg Communications 880,932 - - - Use of Fund Balance for General Obligation Debt Services 400,000 - -Use of Fund Balance for Equipment for Municipal Complex 150,000 Use of Fund Balance for Streets and Alleys 200,000 - - - Transfer from 4B to Recreation Center Fund - 510,775 TOTAL AVAILABLE RESOURCES 31,995,958 9,342,430 8,415,189 755,342 EXPENDITURES: General Government 7,780,442 - - - Public Safety 10,822,406 2,847,484 - - Development Services 1,333,874 - - - Streets 1,313,233 - - - Community Services 3,041,893 2,541,537 - - Utilities - - - - Debt Service - - 7,706,656 563,709 Capital Projects - - - - Economic Development - 2,116,365 - - TOTAL EXPENDITURES 24,291,848 7,505,386 7,706,656 563,709 Transfers to Other Funds 1,396,714 515,775 - - ENDING FUND BALANCE $ 6,307,396 $ 1,321,269 $ 708,533 $ 191,633 SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2010-2011 BUDGET PROPRIETARY FUND CAPITAL PROJECTS TOTAL ALL FUNDS UTILITY FUND FUNDS ESTIMATED BEGINNING BALANCES $ 32,566,083 $ 10,624,394 $ 56,184,516 REVENUES: Ad Valorem Taxes - - 20,572,978 Non-Property Taxes 3,907,168 Franchise Fees 2,260,000 Licenses&Permits 287,030 Intergovernmental 602,567 Service Fees 600,000 9,979,475 14,072,975 Court Fees 548,107 Interest&Misc.Income 135,000 65,000 702,216 TOTAL REVENUES 735,000 10,044,475 42,953,041 Transfers from Other Funds - 1,500,000 5,588,039 Transfer from Fleet Fund for Current Vehicles 16,440 233,940 Transfer from Fleet Fund to Close Fund 225,000 750,000 Use of Fund Balance for Emerg Communications - - 880,932 Use of Fund Balance for General Obligation Debt Services - - 400,000 Use of Fund Balance for Equipment for Municipal Complex - 150,000 Use of Fund Balance for Streets and Alleys - - 200,000 Transfer from 4B to Recreation Center Fund 510,775 TOTAL AVAILABLE RESOURCES 33,301,083 22,410,309 106,220,311 EXPENDITURES: General Government 7,780,442 Public Safety 13,669,890 Development Services 1,333,874 Streets 1,313,233 Community Services 5,583,430 Utilities 9,997,232 9,997,232 Debt Service 1,324,618 9,594,983 Capital Projects 25,660,848 360,000 26,020,848 Economic Development 2,116,365 TOTAL EXPENDITURES 25,660,848 11,681,850 77,410,297 Transfers to Other Funds - 1,247,612 3,160,101 ENDING FUND BALANCE $ 7,640,235 $ 10,728,459 $ 25,649,913 TOTAL.REVENUES $ 50,035,795 NET DECREASE(INCREASE)IN FUND BALANCE 30,534,603 TOTAL APPROPRIABLE FUNDS $ 80,570,398 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 14, 2010 Item Number: 4. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 24, 2010 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2010-18 fixing the tax rate/levy for Tax Year 2010 and Budget Year FY 2010-2011 at $0.89890 per $100 of assessed valuation. Recommendation Motion to approve Ordinance No. 2010-18 fixing the tax rate/levy for Tax Year 2010 and Budget Year FY 2010-2011 at$0.89890 per $100 of assessed valuation. Discussion The tax rate needed to fund the FY 2010-2011 budget is $0.89890 per $100 of assessed valuation. The tax rate is broken down with $0.60085 being used for operations and maintenance and $0.29805 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$13,194,123 for the General Fund and $6,544,909 for the I & S Fund. The adopted Fiscal Year 2010-2011 budget requires the support of this ordinance for funding. Approved By Initial Date Department Director LB 8/24/10 City Manager I► ict Ito Page 1 of 1 ORDINANCE NO. 2010-18 AN ORDINANCE FIXING THE TAX RATE AND LEVY FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN THE CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF THE CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF THE CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2010-2011; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax all taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2010-2011; and WHEREAS, notice of the proposed tax rate, as well as the effective tax rate, has been published as required by law and the City has received no formal protest thereof. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2010-2011 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2010, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of $0.8989 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: a) An ad valorem tax rate of $0.60085 on each $100 of assessed valuation of said taxable property is hereby levied for general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September 30, 2011, which tax, when Ordinance 2010-18 Approval of Tax Rate Year 2010 and Budget Year FY2010-2011 1 collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax rate of $0.29805 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and principal of the valid bonded indebtedness, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the General Debt Service Fund of the City of Wylie, Texas, for the fiscal year ending September 30, 2011. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. Section 5. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Section 7. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Section 8. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. Ordinance 2010-18 Approval of Tax Rate Year 2010 and Budget Year FY2010-2011 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 14th day of September, 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance 2010-18 Approval of Tax Rate Year 2010 and Budget Year FY2010-2011 3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 14, 2010 Item Number: 5. Department: Human Resources (City Secretary's Use Only) Prepared By: Lynn Fagerstrom Account Code: Date Prepared: September 8, 2010 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. Recommendation Motion to accept a proposal from United Healthcare for fiscal 2011 medical, dental and prescription drug coverage under our current broker, The Wylie Insurance Agency. Accept a continuation of long-term disability and life insurance coverage from Lincoln Financial. Discussion The operating budget adopted by Council for fiscal 2011 provides adequate funding for the proposed employee group insurance plans. United Healthcare, represented by Wylie Insurance Agency, has tailored a plan to closely maintain the current level of coverage for the City of Wylie for medical and dental insurance. The premium rates quoted by United reflect a 24/1% increase for medical and 8% increase for dental for the term of October 1, 2010, through September 30, 2011. The changes to the plan are reflected on an attachment, including the plan changes and increases applicable to those employees who cover dependents. There are no benefit changes to the dental, life or long term disability plans. Approved By Initial Date Department Director LF 9/8/2010 City Manager !►� 1 � ii° Page 1 of 2 Page 2 of 2 The changes to our medical insurance are: 2009/2010 2011 Definition Specialist Co-Pay $50 $25* Certain specialists with a "**" next to their listing qualify for a $25 co-pay. They are considered preferred by UHC and have a lesser co-pay. Prescriptions $10/$35/$60 $15/$30/$65 Your cost for prescriptions at pharmacies. Annual Deductible $500 $750 Amount of extra co-insurance due for services outside of regular office visits. Once this deductible is met, 20% of the fee is payable by the covered individual up to the annual maximum. Annual Maximum $1500 $3000 Amount to be met once you have met your deductible; the most you will have to pay out of your own pocket. Rate Increase applicable to employees covering dependents are: 2011 Si- fts* 2011 Monthly Employee 10480144113 covered Employee Cost Increase Cost trioniimse Employee Only Medical -0- -0- -0- -0- S.ouse Medical/Prescri ton $482.88 $93 74 $241.44 $46 81 Child(ren)Medical/Prescription $219.21 842 56 $109.60 $21 27 Family Medical/Prescription i $527.37 $102 38 $263.69 $51 19 Employee Only Dental -0- -0- -0- -0- Spouse Dental $18.17 $1 38 $9.08 $0 67 Child ren) Dental $22.93 $1 71 $11.46 $0 85 Family Dental $43.52 83 23 $21,76 $1 61 1( 11Y WY LIE City f Wylie FY 011 Insurance Rate Schedule The City of Wylie is pleased to pay 100% for all employee's medical, dental, long-term disability and life insurance! Contributions for optional dependent coverage for medical, dental and life insurance is split 50/50 between the City and the employee. 'Y,En44 4 t 'ttisitotirPoy Employee Only Medical $635.36 _0_ _0 Siouse Medical/Prescription $965.76 $482.88 $241.44 Child(ren) Medical/Prescription $438.41 $219.21 $10 .6 1 Famil. Medical/Prescription $1,054.74 $527.37 $263.69 Em•loyee Only Dental $37.15 -0- -0- Spouse Dental $36.33 $18.17 $9.08 Child(ren) Dental $45.85 $22.93 $11.46 Family Dental $87.03 $43.52 $21.76 *We have 26 pay periods per year. There are two pay periods per year when insurance premiums are not deducted from the employee's paychecks. In-Network Benefits: No "primary care physician" required, self refer to any in-network provider. Specialist with a "**" by their name are considered "preferred" by UHC and have a special $25 regular doctor visit co-pay. Doctor Visit Co-Pay: $25; Specialist $50 Annual Deductible: 5750/$1500 family Prescriptions: $15/$30/$65 Annual Out-of-Pocket Max: $3000/$6000 family Discounted Mail Order Prescriptions also available at 2 1 x the above rates. Emergency Room Co-Pay: $200 Urgent Care Center Co-Pay: 575 Vision Plan: Emergencies = Per Plan; Regular Check-ups = $25 Co-Pay + UHC Vision/Spectera discounts Out of Network Benefits: Co-insurance: 60%of all charges Annual Deductible: $15 I0/$3000 family Annual Out-of-Pocket Max: $4750/$9000 family WORKSESSION DISCUSSION - CWD RATE INCREASE REQUEST Community Waste Disposal.com .'' July 28, 2010 Mindy Manson City Manager 2000 Highway 78 N Wylie,TX 75098 RE: Request for Market Adjustment Effective September 01,2010 Dear Mindy: In accordance with the Solid Waste & Recycling Contract, Community Waste Disposal (CWD) may request an annual market adjustment. This notice is to inform you of our request for a Market Adjustment effective September 01, 2010. Attached is a new 2010 schedule "A" outlining the changes in rates, the U.S. Department of Labor information regarding the CPI index, the City of Garland landfill increase notice,the DOE regional fuel prices for 2008 & 2010 and a worksheet that recaps the changes in disposal, fuel and landfill. The information below reflects adjustment for Wylie's residential customer base. 2008-2010 Residential rate $ 7.80 2010-2011 Residential rate $ 7.79 2008-2010 Additional Carts each $ 3.40 2010-2011 Additional Carts each $ 3.45 I also estimated net monthly increase in the commercial front load fees at $830, a net monthly increase in roll off at $1,268 and a net monthly increase in the commercial cart fees at $36. If you have any questions concerning this matter, please feel free to contact me directly at 972.392.9300 x 225. Sincerely, David Dalrymple Accounts Receivable Manager Enc: Statistical Summary Data DOE Regional Diesel Fuel Prices 2008&2010 Garland Landfill Notice Calculation Worksheet 2010 Schedule A CC:Jeff Butters Greg Roemer Dale Pound 2010 California Crossing Dallas.Texas 75220-2310 telephone 972.392.9300•817 795 9300 lac=;mite 972 392 9301 2010 CITY of WYLIE Schedule "A" 2008/20/0 29'n12011 r 2008/2010 2010/2011 2010/2011 2010/2011 2010/2011 2010/2011 Sfi/,.,icn City of Wylie's Solid Waste Collection and Recycling Wylie Net Rate to CPI Fuel Disposal Total Net Rate to Services Custorrpr (.:titn-:�. Rate CWD Adjustment Adjustment Adjustment Adjustment CWD Rates -0.12% -30.07% 16.67% Residential Collection Percent of Adjustment 63% A 10% _ 27% Residential Trash Rate to Residents(once a week) N/A $4.64 $0.00 -$0.14 $0.21 $0.07 $4.71 N'A Additional Residential Trash Cart Pricing(Each) N/A $3.40 $0.00 -$0.10 $0.15 $0.05 $3.45 Frr , Percent of Adjustment 88% 12% 0% Residential Recycling Rate to Residents(once a week) N/A $2.47 $0.00 -$0.09 $0.00 -$0.09 $2.38 WA Additional Residential Recycling Cart Pricing(Each) N/A $2.00 $0.00 -$0.07 $0.00 -$0.07 $1.93 NiA - Percent of Adjustment r 63% 10% • 27% Bulky Waste Collection(6 yards per pick/24 yards max per year) NIA $0.69 $0.00 -$0.02 $0.03 $0.01 $0.70 NIA Percent of Adjustment _ 100% 0% 0% Replace lost/stolen Trash or Recycle Cart(Each) $84.21 $80.00 -$0.10 $0.00 $0.00 -$0.10 $79.90 $84.11 Commercial Cart Percent of Adjustment 63% 10% 27% First Trash Poly-Cart $22.94 $21.79 -$0.02 -$0.66 $0.98 $0.30 $22.09 523.25 Two Trash(2)Poly-Carts $43.58 $41.40 -$0.03 -$1.24 $1.86 $0.59 $41.99 $44.2n Price for Each additional Trash Poly-Cart There After $20.00 $19.00 -$0.01 -$0.57 $0.86 $0.28 $19.28 520.22 Front Load Commercial Trash Container Services 2 Cubic Yard Container Percent of-Adjustment 58% _ 12% 30% One time per week $53.01 $53.01 -$0.04 -$1.91 - $2.65 $0.70 $53.71 $53.71 Two times per week $113.17 $113.17 -$0.08 -$4.08 $5.66 $1.50 $114.67 $114.67 Three times per week $208.60 $198.17 -$0.14 -$7.15 $9.91 $2.62 $200.79 S211.36 Four times per week $291.06 $276.51 -$0.19 -$9.98 $13.83 $3.66 $280.17 $294.92 Five times per week $377.76 $358.87 -$0.25 -$12.95 $17.95 $4.75 $363.62 $382.76 Six times per week $465.85 $442.56 -$0.31 -$15.97 $22.13 $5.85 $448.41 $472.01 3 Cubic Yard Container One time per week $73.05 $73.05 -$0.05 -$2.64 $3.65 $0.96 $74.01 $74.01 Two times per week $136.09 $136.09 -$0.09 -$4.91 $6.81 $1.81 $137.90 $137.90 Three times per week $226.80 $215.46 -$0.15 -$7.77 $10.78 $2.86 $218.32 $229.81 Four times per week $314.16 $298.45 -$0.21 -$10.77 $14.93 $3.95 $302.40 $318.32 Five times per week $423.50 $402.33 -$0.28 -$14.52 $20.12 $5.32 $407.65 $429.11 Six times per week $503.12 $477.96 -$0.33 -$17.25 $23.90 $6.32 $484.28 5509.77 4 Cubic Yard Container One time per week $92.40 $87.78 -$0.06 -$3.17 $4.39 $1.16 $88.94 $93.62 Two times per week $172.70 $164.07 -$0.11 -$5.92 $8.21 $2.18 $166.25 $175.00 Three times per week $242.20 $230.09 -$0.16 -$8.30 $11.51 $3.05 $233.14 5245.41 Four times per week $337.26 $320.40 -$0.22 -$11.56 $16.02 $4.24 $324.64 $341.73 Five times per week $433.66 $411.98 -$0.29 -$14.87 $20.60 $5.44 $417.42 5439.39 Six times per week $538.52 $511.59 -$0.36 -$18.46 $25.58 $6.76 $518.35 5545.E 3 6 Cubic Yard Container One time per week S107.80 $102.41 -$0.07 -$3.70 $5.12 $1.35 $103.76 $109.22 Two times per week $197.40 $187.53 -$0.13 -$6.77 $9.38 $2.48 $190.01 S200.01 Three times per week $277.20 $263.34 -$0.18 -$9.50 $13.17 $3.49 $266.83 $280.87 Four times per week $381.92 $362.82 -$0.25 -$13.09 $18.14 $4.80 $367.62 538697 Page 1 of 4 2010 CITY of WYLIE Schedule "A" 2008;2010 20 10'2n1 1 City of Wylie's Solid Waste Collection and Recycling Wylie 2008/2010 2010/2011 2010/2011 2010/2011 2010/2011 2010/2011 "j,rlfv Customer Adjustment Adjustment Adjustment Adjustment CWD J Net Rate to CPI Fuel Disposal Total Net Rate to CWD tcstnm2r Services Rate Rate -0.12% -30.07% 16.67% Five times per week $496.34 $471.52 -$0.33 -$17.01 $23.58 $6.24 $477.76 $5,12.91 Six times per week $613.06 $582.41 -$0.41 -$21.02 $29.13 $7.70 $590.11 5621.17 8 Cubic Yard Container One time per week $120.40 $114.38 -$0.08 -$4.13 $5.72 $1.51 $115.89 $121.99 Two times per week $226.60 $215.27 -$0.15 -$7.77 $10.77 $2.85 $218.12 $229.80 Three times per week $312.20 $296.59 -$0.21 -$10.70 $14.83 $3.92 $300.51 $315.33 Four times per week $428.12 $406.71 -$0.28 -$14.68 $20.34 $5.38 $412.09 $433.76 Five times per week $553.94 $526.24 -$0.37 -$18.99 $26.32 $6.96 $533.20 $561.26 Six times per week $685.73 $651.44 -$0.45 -$23.51 $32.58 $8.62 $660.06 $694.80 Extra Pick-Ups 2 cu.Yd.Containers $47.37 $45.00 -$0.03 -$1.62 $2.25 $0.60 $45.60 $48.00 3 cu.Yd.Containers $48.42 $46.00 -$0.03 -$1.66 $2.30 $0.61 $46.61 $49.06 4 cu.Yd.Containers $49.47 $47.00 -$0.03 -$1.70 $2.35 $0.62 $47.62 $50.13 6 cu.Yd.Containers $51.58 $49.00 -$0.03 -$1.77 $2.45 $0.65 $49.65 $52.26 8 cu.yd.Containers $52.63 $50.00 -$0.03 -$1.80 $2.50 $0.67 $50.67 $53.34 Refills 2 cu.Yd.Containers $36.84 $35.00 -$0.02 -$1.26 $1.75 $0.47 $35.47 $37.34 3 cu.Yd.Containers $37.89 $36.00 -$0.03 -$1.30 $1.80 $0.47 $36.47 $38.39 4 cu.Yd.Containers $38.95 $37.00 -$0.03 -$1.34 $1.85 $0.48 $37.48 $39.45 6 cu.Yd.Containers $41.05 $39.00 -$0.03 -$1.41 $1.95 $0.51 $39.51 541.59 8 cu.Yd.Containers $42.11 $40.00 -$0.03 -$1.44 $2.00 $0.53 $40.53 $42.66 Front Load Compactor(Rate per Pick Up) Percent of Adjustment 38% 12% 50% 6 Cubic Yard $61.23 $58.17 -$0.03 -$2.10 $4.85 $2.72 $60.89 $64.09 8 Cubic Yard $68.77 $65.33 -$0.03 -$2.36 $5.45 $3.06 $68.39 $71.99 Commercial Special Services Percent of Adjustment 100% 0% 0% Container Inside Four Side Enclosures-Per Pick-Up,Per Container $8.75 $8.31 -$0.01 $0.00 $0.00 -$0.01 $8.30 $8.74 Caster-(<4 cu.Yd.)Per Pick-up,Per Container $8.75 $8.31 -$0.01 $0.00 $0.00 -$0.01 $8.30 $8.74 Locks-Per Pick Up,Per Container $8.75 $8.31 -$0.01 $0.00 $0.00 -$0.01 $8.30 $8.74 Percent of Adjustment 88% 12% 0% Front Load Container Exchange Charge $78.94 $74.99 -$0.08 -$2.71 $0.00 -$2.79 $72.20 $76.00 Rolloff Compactors Percent of Adjustment 88% 12% 0% Trip Charge(Dry Run)-weekday $369.96 $351.46 -$0.37 -$12.68 $0.00 -$13.05 $338.41 $356.22 Trip Charge(Dry Run)-weekend $400.28 $380.27 -$0.40 -$13.72 $0.00 -$14.12 $366.15 $385.12 Percent of Adjustment 38% _ 12% 50°le 30 Cubic Yard Per Haul-weekday" $492.84 $468.20 -$0.21 -$16.89 $39.02 $21.92 $490.12 $515.92 30 Cubic Yard Per Haul-weekend" $524.42 $498.20 -$0.23 -$17.98 $41.52 $23.31 $521.51 $548.96 35 Cubic Yard Per Haul-weekday** $492.84 $468.20 -$0.21 -$16.89 $39.02 $21.92 $490.12 $515.92 35 Cubic Yard Per Haul-weekend" $524.42 $498.20 -$0.23 -$17.98 $41.52 $23.31 $521.51 $548.96 42 Cubic Yard Per Haul-weekday" $492.84 $468.20 -$0.21 -$16.89 $39.02 $21.92 $490.12 $515.92 42 Cubic Yard Per Haul-weekend** $524.42 $498.20 -$0.23 -$17.98 $41.52 $23.31 $521.51 $548.96 Page 2 of 4 2010 CITY of WYLIE Schedule "A" 200812010 7n1q'2r', City of Wylie's Solid Waste Collection and Recycling Wylie 2008/2010 2010/2011 2010/2011 2010/2011 2010/2011 2010/2011 n�r,r y Net Rate to CPI Fuel Disposal Total Net Rate to , Customer CWD Adjustment Adjustment Adjustment Adjustment CWD r .� Services Rate P,atn -0.12% -30.07% 16.67% **Plus Disposal Per Ton if over 8,000 lb.'s _ Percent of Adjustment 0% 0% 100% Disposal Per Ton $29.23 $27.77 $0.00 $0.00 $4.63 $4.63 $32.40 5'1.11 Open Top Rolloff Containers Percent o Adjustment 38% 12% 50% Delivery-weekday $369.76 $351.27 -$0.16 -$12.68 $29.28 $16.44 $367.71 $307.00 Delivery-weekend $400.28 $380.27 -$0.17 -$13.72 $31.70 $17.81 $398.08 $419.03 Trip Charge(Dry Run)-weekday $369.76 $351.27 -$0.16 -$12.68 $29.28 $16.44 $367.71 $387.0; Trip Charge(Dry Run)-weekend $400.28 $380.27 -$0.17 -$13.72 $31.70 $17.81 $398.08 $419.03 Percent of Adjustment 100% 0% 0% , Monthly Rental $236.70 Il $224.87 -$0.27 $0.00 $0.00 -$0.27 $224.60 $238.42 Percent of Adjustment 38% 12% 50% 20 Cubic Yard Per Haul-weekday** $482.31 $458.20 -$0.21 -$16.53 $38.19 $21.45 $479.65 $504.89 20 Cubic Yard Per Haul-weekend'" $513.89 $488.20 -$0.22 -$17.62 $40.69 $22.85 $511.05 $537.95 30 Cubic Yard Per Haul-weekday** $492.84 $468.20 -$0.21 -$16.89 $39.02 $21.92 $490.12 5515.92. 30 Cubic Yard Per Haul-weekend** $524.42 $498.20 -$0.23 -$17.98 $41.52 $23.31 $521.51 $54R.9F 40 Cubic Yard Per Haul-weekday** $524.42 $498.20 -$0.23 -$17.98 $41.52 $23.31 $521.51 $548.96 40 Cubic Yard Per Haul-weekend" $556.00 $528.20 -$0.24 -$19.06 $44.03 $24.73 $552.93 $552.03 **Plus Disposal Per Ton if over 8,000 lb.'s Percent of Adjustment 0% 0% 10091, Disposal Per Ton $29.23 $27.77 $0.00 $0.00 $4.63 $4.63 $32.40 $34.11 Special Collections Other Charges Returned Checks $26.31 $25.00 $0.00 $0.00 $0.00 $0.00 $25.00 $26.31 City Services Solid Waste Removal Service at: City Hall,Police Station,Fire Stations,Service Center and other Municipal facilities as needed NIC N/C N/C N/C N/C N/C N/C WC Ten(10)thirty(30)yard roll off containers three(3)times per year N/C N/C N/C N/C N/C N/C N/C N/C for the City of Wylie to be used for annual clean up project Curbside collection of Christmas Trees N/C N/C N/C N/C N/C N/C N/C N/C two times during a two week period and delivery to the recycling center. Page 3 of 4 2010 CITY of WYLIE Schedule "A" 2008/2010 - 7ieini2na. City of Wylie's Solid Waste Collection and Recycling Wylie 2008/2010 2010/2011 2010/2011 2010/2011 2010/2011 2010/2011 jn,,,,;�, `7 y Net Rate to CPI Fuel Disposal Total Net Rate to Services C_! ,. TM Customer CWD Adjustment Adjustment Adjustment Adjustment CWD i,s. Rate Rate. -0.12% -30.07% 16.67% 2008/2010 2008/2010 2010/2011 2010/2011 2010/2011 2010/2011 2010/2011 29 1 nl20 City of Wylie's I.S.C. Solid Waste Collection Wylie I.S.D. Net Rate to CPI Fuel Disposal Total Net Rate to !r!y'1P'S P. Rate CWD , Adjustment Adjustment Adjustment Adjustment CWD rzete Front Load Commercial Trash Container Services 2 Cubic Yard Container Percent of Adjustment 58% 12% 30% One time per week $67.03 $67.03 -$0.05 -$2.42 $3.35 $0.88 $67.91 '$67.21 Two times per week $128.08 $128.08 -$0.09 -$4.62 $6.41 $1.70 $129.78 $129.7a Three times per week $178.35 $178.35 -$0.12 -$6.44 $8.92 $2.36 $180.71 $19,0.7 t Four times per week $248.86 $248.86 -$0.17 -$8.98 $12.45 $3.30 $252.16 $252.16 Five times per week $322.99 $322.99 -$0.22 -$11.65 $16.15 $4.28 $327.27 $327.27 Six times per week $398.30 $398.30 -$0.28 -$14.37 $19.92 $5.27 $403.57 5403.57 3 Cubic Yard Container One time per week $74.21 $74.21 -$0.05 -$2.68 $3.71 $0.98 $75.19 $75.19 Two times per week $140.05 $140.05 -$0.10 -$5.05 $7.00 $1.85 $141.90 $141.90 Three times per week $193.91 $193.91 -$0.13 -$7.00 $9.70 $2.57 $196.48 $196.10 Four times per week $268.61 $268.61 -$0.19 -$9.69 $13.43 $3.55 $272.16 $272.16 Five times per week $362.09 $362.09 -$0.25 -$13.07 $18.11 $4.79 $366.88 $366.80 Six times per week $430.17 $430.17 -$0.30 -$15.52 $21.51 $5.69 $435.86 $435.86 4 Cubic Yard Container One time per week $79.00 $79.00 -$0.05 -$2.85 $3.95 $1.05 $80.05 $80.05 Two times per week $147.23 $147.23 -$0.10 -$5.31 $7.36 $1.95 $149.18 $149.111 Three times per week $207.08 $207.08 -$0.14 -$7.47 $10.38 $2.75 $209.83 5209.83 Four times per week $288.36 $288.36 -$0.20 -$10.41 $14.42 $3.81 $292.17 $292.17 Five times per week $370.78 $370.78 -$0.26 -$13.38 $18.54 $4.90 $375.68 $375.68 Six times per week $460.44 $460.44 -$0.32 -$16.61 $23.03 $6.10 $466.54 6466.54 6 Cubic Yard Container One time per week $92.17 $92.17 -$0.06 -$3.33 $4.61 $1.22 $93.39 $93.39 Two times per week $168.78 $168.78 -$0.12 -$6.09 $8.44 $2.23 $171.01 $171.91 Three times per week $237.01 $237.01 -$0.16 -$8.55 $11.85 $3.14 $240.15 $210.15 Four times per week $326.54 $326.54 -$0.23 -$11.78 $16.33 $4.32 $330.86 $330.86 Five times per week $424.37 $424.37 -$0.30 -$15.31 $21.22 $5.61 $429.98 $429.98 Six times per week $524.17 $524.17 -$0.36 -$18.91 $26.21 $6.94 $531.11 $531.11 8 Cubic Yard Container One time per week $102.94 $102.94 -$0.07 -$3.71 $5.15 $1.37 $104.31 $104.31 Two times per week $190.32 $190.32 -$0.13 -$6.87 $9.52 $2.52 $192.84 $192.84 Three times per week $266.93 $266.93 -$0.19 -$9.63 $13.35 $3.53 $270.46 S270.46 Four times per week $366.04 $366.04 -$0.25 -$13.21 $18.31 $4.85 $370.89 $370.89 Five times per week $473.63 $473.63 -$0.33 -$17.09 $23.69 $6.27 $479.90 5479.90 Six times per week $586.30 $586.30 -$0.41 -$21.16 $29.32 $7.75 $594.05 $524.05 Page 4 of 4 Wylie - Fuel worksheet Apr, May & June of 2008 Apr, May & June of 2010 3.894 Week 1 2.978 4.000 Week 2 3.023 4.077 Week 3 3.034 4.113 Week 4 3.038 4.084 Week 5 3.083 4.268 Week 6 3.087 4.443 Week 7 3.042 4.673 Week 8 2.977 4.664 Week 9 2.936 4.658 Week 10 2.899 4.656 Week 11 2.874 4.602 Week 12 2.908 4.604 Week 13 2.893 4.267 Average 2.984 Dollar Change (1.283) Percent of Change -30.07% Landfill Information Landfill Prior 30.00 Current 35.00 Difference in $ 5.00 Difference in % 16.67% CPI May 2008 202.357 CPI May 2010 202.108 May 10-May 08 (0.249) Difference in % -0.12% Index Change CPI% -0.12% Fuel % -30.07% Disposal % 16.67% R/O Excessive F/L R/O Weight Resi Trash Resi Rcy CPI 58% 38% 0% 63% 88% Fuel 12% 12% 0% 10% 12% Disposal 30% 50% 100% 27% 0% 100% 100% 100% 100% 100% R/O Excessive F/L R/O Weight Resi Trash Resi Rcy CPI -0.07% -0.05% 0.00% -0.08% -0.11% Fuel -3.61% -3.61% 0.00% -3.01% -3.61 Disposal 5.00% 8.33% 16.67% 4.50% 0.00% Total 1.32% 4.68% 16.67% 1.42% -3.71% Transport Topics Online 12008 DOE Regional Fuel Prices Page 1 of 2 Transport Topics Online 2008 DOE Regional Diesel Fuel Prices (See below for detailed PADD/geographic information.) Click here for the most recent fuel prices. Date U.S. East New Central Lower Midwest Gulf Rocky West California Average Coast England Atlantic Atlantic Coast Mountain Coas[ 12/29 2.327 2.423 2.638 2.536 2.355 2.314 2.264 2.250 2.273 2.241 12/22 2.366 2.469 2.689 2.566 2.406 2.359 2.306 2.272 2.274 2.251 12/15 2.422 2.534 2.740 2.642 2.469 2.406 2.378 2.350 2.303 2.292 12/8 2.515 2.632 2.849 2.742 2.564 2.491 2.465 2.447 2.421 2.402 12/1 2.615 2,735 2.954 2.875 2.655 2.578 2.556 2,577 2.553 2.538 11/24 2.664 2.788 2.997 2.925 2.710 2.624 2.598 2.644 2.608 2.605 11/17 2.809 2.924 3.148 3.072 2.840 2.764 2.745 2.822 2.768 2.754 11/10 2.944 3.060 3266 3.203 2.980 2.888 2.895 2.964 2.910 2.913 11/3 3.088 3.219 3.420 3.369 3.137 3.018 3.033 3.157 3.052 3.057 10/27 3288 3.397 3.573 3.509 3.333 3.244 3.219 3.375 3.233 3.286 10/20 3.482 3.553 3.729 3.633 3.503 3.447 3.453 3.555 3.433 3.460 10/13 3.659 3.709 3.892 3.794 3.655 3.641 3.631 3.697 3.622 3.656 10/6 3.875 3.928 4.036 3.978 3.896 3.858 3.843 3.886 3.847 3.869 929 3.959 4.020 4.077 4.073 3.992 3.936 3.929 3.944 3.941 3.963 9/22 3.958 4.021 4.110 4.081 3.987 3.931 3.924 3.964 3.943 3.951 9/15 4,023 4.082 4.246 4.166 4.031 3.973 4.011 4.041 4.056 4.053 9/8 4.059 4.100 4.312 4.246 4.018 4.015 4.015 4.105 4.156 4.185 9/1 4.121 4.169 4.359 4.307 4.093 4.066 4.068 4.184 4.248 4.282 8/25 4.145 4.199 4.382 4.360 4.113 4.073 4.098 4.227 4.286 4.359 8/18 4.207 4263 4.422 4.414 4.184 4.130 4.156 4.319 4.356 4.422 8/11 4.353 4.420 4.584 4.563 4.344 4.267 4.299 4.473 4.511 4.607 8/4 4.502 4.563 4.735 4.672 4.501 4.419 4.450 4.605 4.664 4.781 7/28 4.603 4.664 4.806 4.772 4.604 4.518 4.570 4.657 4.766 4.869 7/21 4.718 4.773 4.869 4.869 4.723 4.649 4.701 4.714 4.845 4.964 7/14 4.764 4.822 4.889 4.912 4.777 4.698 4.737 4.718 4.909 5.026 7/7 4.727 4.789 4.863 4.887 4.741 4.654 4.697 4.672 4.886 5.001 6/30 4.645 4.704 4.822 4.822 4.643 4.571 4.604 4.638 4.817 4.928 6/23 4.648 4.711 4.833 4.831 4.648 4.574 4.602 4.652 4.816 4.922 6/16 4.692 4.752 4.853 4.874 4.690 4.618 4.656 4.685 4.852 4.969 6/9 4.692 4.743 4.834 4.879 4.677 4.615 4.658 4.698 4.874 4.992 6/2 4.707 4.759 4.846 4.907 4.687 4.643 4.664 4.680 4.878 5.027 5/26 4.723 4.779 4.843 4.913 4.717 4.667 4.673 4.653 4.883 5.027 5/19 4.497 4.544 4.610 4.682 4.480 4,463 4.443 4.442 4.610 4.737 5/12 4.331 4.377 4.463 4.516 4.310 4.298 4268 4.276 4.454 4.547 5/5 4.149 4.194 4.337 4.345 4.117 4.101 4.084 4.156 4.303 4.382 4/28 4.177 4.230 4.346 4.376 4.157 4.133 4.113 4.141 4.312 4.390 4/21 4.143 4.207 4.346 4.370 4.126 4.098 4.077 4.111 4.255 4.317 4/14 4.059 4.117 4.239 4.266 4.043 4.013 4.000 4.039 4.176 4.234 4/7 3.955 4.005 4.121 4.142 3.936 3.917 3.894 3.974 4.052 4.118 3/31 3.964 4.014 4.130 4.160 3.941 3.929 3.907 3.972 4.049 4.112 3/24 3.989 4.045 4.142 4.186 3.975 3.964 3.928 3.953 4.056 4.119 3/17 3.974 4.035 4.119 4.177 3.967 3.958 3.914 3,892 4.018 4.083 3/10 3,810 3,870 3.938 3.989 3.814 3.784 3.798 3.732 3.885 3.955 3/3 3.658 3.700 3.813 3.825 3.636 3.639 3.609 3.573 3.736 3.803 2/25 3.552 3.608 3.710 3.693 3.562 3.525 3.510 3.473 3.609 3.672 2/18 3.396 3.444 3.588 3.526 3.396 3.365 3.367 3.350 3.454 3.511 2/11 3.280 3.324 3.542 3.412 3.266 3.249 3.239 3.264 3.347 3.393 2/4 3.280 3.338 3.566 3.438 3.275 3.243 3.247 3.260 3.325 3.377 1/28 3.259 3.327 3.583 3.432 3.258 3.218 3.218 3.236 3.301 3.346 1/21 3.270 3.343 3.594 3.472 3.264 3.228 3222 3.229 3.327 3.360 1/14 3.326 3.391 3.621 3.510 3.318 3.288 3.266 3.261 3.420 3.459 1/7/08 3.376 3.436 3.644 3.554 3.366 3.345 3.318 3.276 3.474 3.526 Click here for older prices. About DOE regional averages: http://www.ttnews.com/fuel/doeregional2008.htm 7/28/2010 Transport Topics Online 1 National Fuel Prices Page 1 of 2 Newsietiers 11ansportiopics Sul,.:,11_,.io,'iV l Sign up»> , .�...T .R � kr, Welcome Guest Sign In DUIY 28,2010 ADVERTISEMENT HOME POWER r a . BUYER'S GUIDE ti u t:g PR cl r 11. °< «_. Digital `` � Digi�l Edition NEWSLETTERS 2010 DOE REGIONAL DIESEL FUEL PRICES Option FUEL PRICES See below for detailed PADD/geographic information. CLASSIFIEDS i. T Jobs Date U.S. East New Central Lower Midwest Gulf Rocky West California n � Average Coast England Atlantic Atlantic Coast Mountain Coast ' Equipment Markeplace 7/26 2.919 2.928 3.014 3.020 2.880 2.891 2.875 2.920 3.060 3.125 Place an Ad :.� WEBINARS 7/19 2.899 2.913 3.015 3.012 2.861 2.866 2.859 2.902 3.042 3.116 Archives 7/12 2.903 2.921 3.017 3.022 2.869 2.865 2.857 2.912 3.057 3.123 Sponsorship utscrit el}}, NEWSPAPER 7/5 2.924 2.944 3.033 3.055 2.889 2.890 2.866 2.928 3.077 3.132 Subscribe Search. Renew 6/28 2.956 2,975 3.044 3.091 2.919 2.930 2.893 2.956 3.099 3.147 Customer Service Buy a Digital Copy 6/21 2.961 2.974 3.029 3.088 2.921 2.936 2.908 2.980 3.093 3.125 Find. Archives Staff 6/14 2.928 2.949 3.025 3.067 2.892 2.892 2.874 2.989 3.054 3.068 Contact Us 6/7 2.946 2.973 3.045 3.090 2.916 2.904 2.899 3.020 3.058 3.068 Buy RANKINGS TT100 TT Logistics 50 5/31 2.980 3.005 3.064 3.121 2.950 2.940 2.936 3.061 3.082 3.094 Topics ADVERTISING 5/24 3.021 3.039 3.098 3.165 2.981 2.985 2.977 3.107 3.132 3.162 1 BUYER'S Web i GUIDEJ Print 5/17 3.094 3.109 3.142 3.232 3.054 3.067 3.042 3.157 3.204 3.238 L_ Reprints 5/10 3.127 3.136 3.161 3.246 3.087 3.102 3.087 3.169 3.233 3.269 LIGHT&MEDIUM "You start TRUCK 5/3 3.122 3.127 3.138 3.238 3.079 3.096 3.083 3.166 3.243 3.260 on MOfldaY,p Current Issue LMT 100 1 RESOURCES 4/26 3.078 3.075 3.105 3.186 3.025 3.053 3.038 3.137 3.211 3.227 1 a ATA Home 4/19 3.074 3.081 3.103 3.189 3.033 3.044 3.034 3.109 3.203 3.228 #..i ATA Business x;; Solutions 4/12 3.069 3.082 3.086 3.186 3.037 3.045 3.023 3.082 3.187 3.221 Useful Links 4/5 3.015 3.032 3.054 3.136 2.986 2.989 2.978 3.044 3.113 3.147 The online job search tool for the industry. Copyright Notice: 3/29 2.939 2.965 3.029 3.075 2.913 2.910 2.899 2.968 3.027 3.073 ,�� Transport Topics content is protected 3/22 2.946 2.973 3.032 3.079 2.923 2.922 2.904 2.954 3.027 3.072 by U.S.copyright law and may not be 3/15 2.924 2.948 3.018 3.055 2.895 2.895 2.897 2.923 3.005 3.065 used without prior Ads by Googie written 3/8 2.904 2.932 3.015 3.037 2.880 2.871 2.873 2.890 3.003 3.057 Permission 3/1 2.861 2.902 3.018 3.013 2.844 2.825 2.819 2.851 2.956 3.023 Dallas Coupons 1 ridiculously huge coupon a day.Get 50- 90%off Dallas's best! vow,.Grouponcom.Delle 2/22 2.832 2.877 3.011 2.967 2.826 2.794 2.793 2.827 2.918 2.980 2/15 2.756 2.809 2.991 2.905 2.751 2.705 2.718 2.777 2.846 2.902 2/8 2.769 2.819 3.014 2.920 2.757 2.724 2.729 2.782 2.860 2.920 University of 2/1 2.781 2.832 3.017 2.926 2.775 2.731 2.744 2.797 2.876 2.950 Official Site.Online& Campus Programs. Request More Info Today! 1/25 2.833 2.883 3.055 2.986 2.823 2.790 2.800 2.817 2.915 2.987 Pecenix ado 1/18 2.870 2.923 3.065 3.023 2.867 2.834 2.831 2.827 2.947 3.008 1/11 2.879 2.922 3.068 3,026 2.864 2.844 2.846 2.814 2.971 3.032 1/4/10 2.797 2.827 2.935 2.932 2.772 2.771 2.750 2.746 2.908 2.959 CLICK HERE FOR OLDER PRICES About DOE regional averages: http://www.ttnews.com/fuel/national.aspx 7/28/2010 EWS Rate Increases - City of Garland Page 1 of I t1 c L/\N m Sign In I Site Map I Comments CityH.+II_Setvitas Online Services Department> News 7 General Information ! Home i My Garland You her c. Home a Departments a City Administration a Public and Media Affairs a EWS Rate Increases Increasing Fuel Costs Prompt City of Garland Environmental " ? ` s Waste Services Rate Increase City Administration 11111111110 Due to significant escalations In fuel cost, mid-year rate increases are Public and Media Affairs 1.111Miln required for residential and commercial solid waste collection Main Page customers. The disposal gate rate charged to non-Garland residents Contact Information and commercial customers using the City's landfill and Transfer Station will also be Increased. The new rates take effect August CGTV 11111111-1 1,2008. Garland City Press MOM New rates will be as follows: News Releases 1111111110 • The current monthly residential sanitation rate of$16.25 will Increase by$1.84 a month for a total monthly rate of$18.09. • Commercial solid waste collection rates will increase by 10% based on the size(s)and type(s)of container(s)and the collection frequency • Landfill disposal gate rates will increase by$5.00 per ton (non- Garland residents and commercial customers). - New rate for automatic dumping vehicles: $35.00 per ton - New rate for trucks and trailers that do not automatically dump: $52.50 • Transfer Station disposal gate rates will Increase by$5.00 per ton (non-Garland residents and commercial customers). - New rate for automatic dumping vehicles: $52.50 per ton - New rate for vehicles that do not automatically dump: $78.75 http://www.ci.garland.tx.us/Home/Departments/City+Administration/Public+and+Media+,., 7/28/2010 Bureau of Labor Statistics Data Page 1 of 1 „ r Subscribe to E-mail Updates:j Enter E-mail Address I iSUBSCRIBE. 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Data extracted on:July 28,2010(9:50:33 AM) Consumer Price Index-All Urban Consumers Series Id: CUURA316SA0 Not Seasonally Adjusted Area: Dallas-Fort Worth, TX Item: All items Base Period: 1982-84=100 Download:J-xis 1 Year 1 Jan Jul Aug Sep 1Oct4 Nov Dec Annual HALF1 HALF2 1 000 160.4 FebFeb( r163.11 f Apr I r163.21'un 1, 166.2 166.91 166_8� 164.7 162.7 166.7 _ - 172.81 171.5 1 170.4� 168.91 171.8 2001 167.3 168.9 169 4 171.5 _ � i 2002 I 170.6 4_4, 172.11 44! 172.9, 172.9 173.21 L 173.6 I 172.7 172.11 173.3 2003 I 174.0 176.8 I 176.9 I 176.5 I 177.0, 1 175.91 + 176.2 176.11176.4 2004 175.7 177.74 I 179.1 i 179.1 I 179 7 _ _1 179.9 i i 178.7 177.8 179.6 1 188 6 188 4� I- 1912 191.71 I 192 0 It , 188.41 12006, 1.i. _190.1 189.7 _ 190.5 20071 188.890 190 156' 1192.779 194.286 1 194.847 196.465 193.245 191.057 195.433 I _ + 2= I 206.413 L 205.883 1 200.051 201.791 1 200 118 1 203 463 20081197.079 198.5 202.357 � 2009 1198 623 200.039 199.311 I 200.663 f 201.802! 201.958 200.544 1199.494 14201.595 12010 202.106, 1201.982 t 202.108 ! 1 Tools Calculators Help Info L: Areas at a Glance Inflation Help& What's New Industries at a Glance Location Tutorials Careers @ BLS Economic News Quotient A to Z Index Find It! 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