MURPHY CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING OCTOBER 15, 2013 AT 6:00 P.M. 206 NORTH MURPHY ROAD MURPHY, TEXAS 75094

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1 MURPHY CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING OCTOBER 15, 2013 AT 6:00 P.M. 206 NORTH MURPHY ROAD MURPHY, TEXAS NOTICE is hereby given of a meeting of the City Council of the City of Murphy, Collin County, State of Texas, to be held on October 15, 2013 at Murphy City Hall for the purpose of considering the following items. The City Council of the City of Murphy, Texas, reserves the right to meet in closed session on any of the items listed below should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1. CALL TO ORDER 2. INVOCATION & PLEDGE OF ALLEGIANCE Eric Barna Mayor Owais Siddiqui Mayor Pro Tem Ben St. Clair Deputy Mayor Pro Tem Scott Bradley Councilmember Betty Spraggins Councilmember Bernard Grant Councilmember Rob Thomas Councilmember 3. ROLL CALL & CERTIFICATION OF A QUORUM 4. PUBLIC COMMENTS 5. PRESENTATION ITEMS : A. Proclamation Recognizing the Firehouse Subs Public Safety Foundation 6. CONSENT AGENDA All consent agenda items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the Consent Agenda and voted on separately. A. Consider and/or act upon meeting minutes: 1. September 23, 2013 special meeting minutes; and, 2. October 1, 2013 regular meeting minutes. B. Consider and take action, if any, on the approval of an ordinance approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid Tex Division regarding the company s 2013 annual rate review mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; 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; requiring the company to reimburse cities reasonable ratemaking expenses; repealing conflicting resolutions or ordinances; determining that this ordinance was passed accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; providing a most favored nations clause; and requiring delivery of this ordinance to the company and the steering committee s legal counsel. James Fisher City Manager C. Consider and take action, if any, on a Resolution approving the 2013 tax roll with a total levy of $9,201, as certified by Kenneth L. Maun, Tax Assessor Collector for Collin County. 7. INDIVIDUAL CONSIDERATION A. Consider and take action, if any, on the request by the Glen Ridge Estates Homeowners Association to waive permit and/or impact fees for a proposed

2 MURPHY CITY COUNCIL AGENDA October 15, 2013 beautification project located at the intersection of Glen Ridge Drive and Heritage Drive. B. Consider and take action, if any, on the results of the bids received for the Animal Shelter Project. C. Discussion on the improvements to North Murphy Road and an update on the Safe Routes to School project along North Murphy Road. D. Consider and take action, if any, on the City Council meeting schedule for November and December 2013 and January E. Discussion regarding setting a date and time for a fall Council planning session. F. Consider and take action, if any, on the 2014 City of Murphy Holiday Schedule. G. Discuss Planned Development District Ordinance No (Gables and Ranch), Section H. Screening. (Council will convene into executive session prior to discussion of this item.) 8. CITY MANAGER/STAFF REPORTS North Murphy Road Construction Update Murphy Central Park Construction Update Update on West Nile Virus Council Planning Session Employee Cook Out October 16 th 9. EXECUTIVE SESSION The City Council will hold a closed Executive Session pursuant to the provisions of Chapter 551, Subchapter D, Texas Government Code, in accordance with the authority contained in: A Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings act regarding: Zoning and subdivision regulation issues involving the Ranch/ Gables subdivisions B Deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of : 1. City Secretary; 2. Municipal Court Judge; and, 3. City Attorney 10. RECONVENE INTO REGULAR SESSION Page 2 of 3

3 MURPHY CITY COUNCIL AGENDA October 15, 2013 The City Council will reconvene into Open Session pursuant to the provisions of Chapter 551, Subchapter D, Texas Government Code, in accordance with the authority contained in: A Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings act regarding: Zoning and subdivision regulation issues involving the Ranch/ Gables subdivisions B Deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of : 1. City Secretary; 2. Municipal Court Judge; and, 3. City Attorney C. Consideration, if any, on executive session items. 11. ADJOURNMENT I certify that this is a true and correct copy of the Murphy City Council Meeting Agenda and that this notice was posted on the designated bulletin board at Murphy City Hall, 206 North Murphy Road, Murphy, Texas 75094; a place convenient and readily accessible to the public at all times, and said notice was posted on October 11, 2013 by 5:00 p.m. and will remain posted continuously for 72 hours prior to the scheduled meeting pursuant to Chapter 551 of the Texas Government Code. Kristi Gilbert, TRMC, CMC, CPM City Secretary In compliance with the American with Disabilities Act, the City of Murphy will provide for reasonable accommodations for persons attending public meetings at City Hall. Requests for accommodations or interpretive services must be received at least 48 hours prior to the meeting. Please contact the City Secretary at or kgilbert@murphytx.org. Notice of Possible Quorum: There may be a quorum of the 4B Community Development Corporation, the Animal Shelter Advisory Committee, the Board of Adjustment, the Building and Fire Code Appeals Board, the Ethics Review Commission the Murphy Municipal Development District Board, the Park and Recreation Board and/or the Planning and Zoning Commission may be present at the meeting, but they will not deliberate on any city business. Page 3 of 3

4 Item 6.A. CITY COUNCIL MINUTES SEPTEMBER 23, 2013 JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK SESSION 1. CALL TO ORDER Mayor Barna called the City Council meeting to order at 6:00 p.m. in the Fire Training Room at the Murphy Fire Department. 2. CERTIFICATION OF A QUORUM City Secretary, Kristi Gilbert, certified a quorum with the following Councilmembers present: Mayor Eric Barna Mayor Pro Tem Owais Siddiqui Deputy Mayor Pro Tem Ben St. Clair (arrived at 6:25 p.m.) Councilmember Scott Bradley Councilmember Betty Nichols Spraggins Councilmember Bernard Grant Councilmember Rob Thomas Councilmembers absent: None Planning and Zoning Chairperson Steve Levy called the Planning and Zoning meeting to order. Lori Knight, certified a quorum of the Planning and Zoning Commission with the following Commissioners present: Chairperson Steve Levy Chairperson Vice Chairperson Jon King Secretary Ty Holcomb Commissioner Camille Hooper Commissioner John Johnson Commissioner Eric Hemphill Commissioner Mathew Thekkil Commissioners absent: None INDIVIDUAL CONSIDERATION 1. Discuss and give direction on amendments to the Murphy Code of Ordinances: a. Digital Signs b. Residential fence applications c. Procedures for Final Plat approval d. Regulations for the Stopping, Standing and Parking of vehicles Kristen Roberts introduced the item relating to digital signs and stated ordinance changes had been made nearly a year ago to address conflicts in the ordinance. The Council and Commission held discussion with regard to digital and electronic changeable message signs. Discussion included allowing digital signs at Plano ISD and Wylie ISD school

5 Item 6.A. MURPHY CITY COUNCIL MINUTES September 23, 2013 facilities; religious institutions as defined by the IRS and municipal facilities. Discussion was held with regard to limiting the location of digital signs to major thoroughfares including FM 544 and North Murphy Road. Discussion included reviewing ordinance changes to prohibit animation features and regulation of the duration of the messages. The Council and Commission held discussions relating to the City Council having sole approval on final plats that substantially conform with the construction plat. The Council and Commission held discussions with regard to amending regulations as it pertains to fencing repairs and overnight parking of recreational and commercial vehicles. COUNCIL ACTION: No action was taken. NON ACTION ITEM ADJOURNMENT With no further business by the City Council, the Council meeting was adjourned at 7:40 p.m. APPROVED BY: ATTEST: Eric Barna, Mayor Kristi Gilbert, City Secretary Page 2 of 2

6 Item 6.A. CITY COUNCIL MINUTES OCTOBER 1, 2013 REGULAR CITY COUNCIL MEETING 1. CALL TO ORDER Mayor Barna called the meeting to order at 6:00 p.m. 2. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Barna gave the invocation and led the recitation of the Pledge of Allegiance. 3. ROLL CALL & CERTIFICATION OF A QUORUM City Secretary, Kristi Gilbert, certified a quorum with the following Councilmembers present: Mayor Eric Barna Mayor Pro Tem Owais Siddiqui Deputy Mayor Pro Tem Ben St. Clair Councilmember Scott Bradley Councilmember Betty Nichols Spraggins Councilmember Bernard Grant Councilmember Rob Thomas Councilmembers absent: None 4. PUBLIC COMMENTS Don Jackson, 522 Havenwood Drive Mr. Jackson stated he was the president of the Glen Ridge Estates HOA. Mr. Jackson stated that Progressive Waste had stated that they do not offer bulky waste pick up for the residents, instead the items must be dropped off twice a year at the city complex. Mr. Jackson stated that the neighborhood feels that the services have been reduced. Joe Stalgin, 167 Sunset Drive Mr. Stalgin stated that he received a citation for a watering violation. Mr. Stalgin stated that he did water at the incorrect time, but he felt that to have a citation issued for a first offense for a large fine was burdensome to residents. 5. PRESENTATION ITEMS A. Mayor Barna presented Parks and Public Works Director Kim Lenoir with a proclamation declaring a Murphy Arbor Day Celebration. B. Finance Director Linda Truitt presented the Council with the unaudited investment and financial report as of August 31, (Resolution No. 13 R 781) 6. CONSENT AGENDA All consent agenda items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the Consent Agenda and voted on separately. A. Consider and/or act upon meeting minutes: 1. September 16, 2013 special meeting minutes; and, 2. September 17, 2013 regular meeting minutes.

7 Item 6.A. MURPHY CITY COUNCIL MINUTES October 1, 2013 B. Consider and/or act upon approval of Resolution designating investment officers of the City and approving the investment policies for the investment of municipal funds. COUNCIL ACTION (6.A. 6.B.): APPROVED Mayor Pro Tem Siddiqui moved to approve the consent agenda as presented. Councilmember Bradley seconded the motion. For: Unanimous. The motion carried by a vote of 7 to INDIVIDUAL CONSIDERATION A. Hold a public hearing and reconsider and/or act on a request by Aron Frydberg on behalf of Allen Tari to reconsider the denied appeal by the City Council of the denied variance by the Planning and Zoning Commission to sign requirements as stated in the Code of Ordinances Section 28 22, Monument Signs Business Districts, for a sign at the business known as Tari Car Lot, located at 729 W. FM 544. Mayor Barna opened the public hearing at 6:15 p.m. Mr. Frydberg presented information regarding utilizing signs for advertising purposes. Mr. Frydberg stated that the sign regulations need to be more balanced. Mr. Frydberg commented that by not allowing a taller sign, the City is depriving Mr. Tari of 50% of his advertising capability. Councilmember Grant asked Mr. Frydberg if he felt he had the opportunity to make his full presentation. Mr. Frydberg stated he felt he had made his full presentation. Don Jackson, 522 Woodhaven Drive Mr. Jackson stated big signs detract from the community. Mr. Jackson stated that when he drives by the car lot, he knows it is a used car lot without the sign. Mayor Pro Tem Siddiqui inquired about the existing signs. Mr. Fisher responded that the existing signs were installed prior to the ordinance changes or were part of a planned development. Mayor Pro Tem Siddiqui inquired as to if a stop work order was issued as a result of proceeding with construction prior to the issuance of a permit. Mr. Fisher stated that a stop work order was issued. Mayor Barna closed the public hearing at 6:31 p.m. COUNCIL ACTION (7.A.): No action was taken. The initial ruling to deny the request stands. NO ACTION B. Consider and take action, if any, on the request by the Glen Ridge Estates Homeowners Association to waive permit and/or impact fees for a proposed beautification project located at the intersection of Glen Ridge Drive and Heritage Drive. Keith Patton, 451 Poindexter Mr. Patton stated that these types of items come up frequently and reminded the Council of the hard costs involved. Page 2 of 4 Home Agenda Packet 7 of 71

8 Item 6.A. MURPHY CITY COUNCIL MINUTES October 1, 2013 Council held discussions with regard to previous waivers and hard costs. Mr. Fisher responded that the City has only waived fees for PSA and the schools. Mr. Fisher asked the Council to delay action to allow staff the opportunity to investigate resident complaints regarding damages to the entrances at Glen Ridge and Shirehurst as a result of the construction on North Murphy Road. COUNCIL ACTION (7.B.): No action was taken. NO ACTION C. Consider and take action, if any, on a proposed resolution approving an amendment to the City of Murphy Policies and Procedures. COUNCIL ACTION (7.C.): APPROVED Councilmember Grant moved to approve the amendments to the Murphy Policies and Procedures as presented. Mayor Pro Tem Siddiqui seconded the motion. For: Unanimous. The motion carried by a vote of 7 to 0. (Resolution No. 13 R 781) 8. CITY MANAGER/STAFF REPORTS Mr. Fisher provided the Council with an update on the following items: North Murphy Road Construction Update Murphy Central Park Construction Update A grand opening will be late March to early April Update on West Nile Virus Maize Days Update Fire Open House October 5th 10a 2p Texas Municipal League October 8th 11th Calling All Castoffs (recycling event) October 12th 9a noon Arbor Day, Brentwood Park Tree Planting, October 12th 10a noon Council Planning Session Staff Appreciation Day on Wednesday, October 16th for an employee lunch Boards and Commissions Dinner December 10th Employee Holiday Lunch December 19th 9. EXECUTIVE SESSION The City Council convened into Executive Session at 6:47 p.m. pursuant to the provisions of Chapter 551, Subchapter D, Texas Government Code, in accordance with the authority contained in: A Deliberation regarding the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Collin County Surplus Property B Deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of : 1. City Secretary; and, 2. Municipal Court Judge. Page 3 of 4 Home Agenda Packet 8 of 71

9 Item 6.A. MURPHY CITY COUNCIL MINUTES October 1, RECONVENE INTO REGULAR SESSION The City Council reconvened into Open Session at 7:56 p.m. pursuant to the provisions of Chapter 551, Subchapter D, Texas Government Code, in accordance with the authority contained in: A Deliberation regarding the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Collin County Surplus Property B Deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of : 1. City Secretary; and, 2. Municipal Court Judge. No action was taken as a result of executive session items. 11. ADJOURNMENT With no further business, the meeting was adjourned at 7:56 p.m. APPROVED BY: Eric Barna, Mayor ATTEST: Kristi Gilbert, City Secretary Page 4 of 4

10 Item 6.B. City Council Meeting October 15, 2013 Issue Consider and take action, if any, on the approval of an ordinance approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid Tex Division regarding the company s 2013 annual rate review mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; 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; requiring the company to reimburse cities reasonable ratemaking expenses; repealing conflicting resolutions or ordinances; determining that this ordinance was passed accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; providing a most favored nations clause; and requiring delivery of this ordinance to the company and the steering committee s legal counsel. Staff Resource/Department Linda Truitt, Finance Director Background The City, along with approximately 164 other cities served by Atmos Energy Mid Tex Division ( Atmos Mid Tex or Company ), is a member of the Atmos Cities Steering Committee ( ACSC ). On or about July 15, 2013, Atmos Mid Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ( RRM ) tariff renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review process. This is the first annual RRM filing under the renewed RRM tariff. The Atmos Mid Tex RRM filing sought a $22.7 million rate increase system wide based on an alleged test year cost of service revenue deficiency of $25.7 million. 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 tariffs are the result of negotiations between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of Atmos Mid Tex s RRM filing. The Ordinance resolves the Company s RRM filing by authorizing additional revenues to the Company of $16.6 million system wide. For purposes of comparison, this negotiated result is about $11 million less than what ACSC s consultants calculated that Atmos would have been entitled to if Atmos had filed a case under the Gas Reliability Infrastructure Program ( GRIP ) rather than an RRM case. The settlement is expected to increase the average residential customer s bill by approximately $0.74 per month. An Average Bill Comparison of base rates has been prepared for residential, commercial, industrial, and transportation customers. The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC Cities adopt the Ordinance implementing the rate change.

11 Item 6.B. City Council Meeting October 15, 2013 RRM Background: The RRM tariff was originally 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. In early 2013, the City adopted a renewed RRM tariff for an additional five years. Atmos Mid Tex s July 2013 filing was made pursuant to the renewed RRM tariff. The RRM tariff and the process implementing that tariff were created collaboratively by ACSC and Atmos Mid Tex as an alternative to the legislatively authorized GRIP surcharge process. ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow any review of the reasonableness of Atmos expenditures, and does not allow participation by cities or recovery of cities rate case expenses. In contrast, the RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings. ACSC s consultants have calculated that had Atmos filed under the GRIP provisions, it would have received additional revenues from ratepayers in excess of $28 million. Purpose of the Ordinance: The purpose of the Ordinance is to approve rates (shown on Attachment A to the Ordinance) that reflect the negotiated rate changes pursuant to the RRM process and to ratify the recommendation of the ACSC Executive Committee. As a result of the negotiations, ACSC was able to reduce the Company s requested $22.7 million RRM increase to $16.6 million. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid Tex s revenues effective November 1, Reasons Justifying Approval of the Negotiated RRM Tariff: 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 $22.7 million increase requested by the Company, ACSC s consultants agree that the Company can justify an increase in revenues of some lesser amount. The agreement on $16.6 million is a compromise between the positions of the parties. The alternative to a resolution of the RRM filing would be a GRIP filing by the Company, based upon the Railroad Commission s decision in the 2012 rate case. A GRIP filing would entitle the Company to receive more than $28 million in additional revenues, with ACSC being precluded from reviewing the reasonableness of the GRIP filing. The ACSC Executive Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. No Changes to Residential Customer Charges: For the first annual filing under the revised RRM tariff, the Company agreed to forgo any change to the residential customer charge. Therefore, for the 2013 RRM, the result of the filing will not increase the residential customer charge, and the entirety of the increase to the residential class will be applied to the commodity (natural gas consumption) component of rates.

12 Item 6.B. City Council Meeting October 15, 2013 Financial Considerations N/A Staff Recommendation Approval of the ordinance as presented. Attachments 1) Ordinance 2) Memo from Atmos Cities Steering Committee (ACSC)

13 Item 6.B. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID TEX DIVISION REGARDING THE COMPANY S 2013 ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; 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; REQUIRING THE COMPANY TO REIMBURSE CITIES REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; PROVIDING A MOST FAVORED NATIONS CLAUSE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE S LEGAL COUNSEL. WHEREAS, the City of Murphy Texas ( City ) is a gas utility customer of Atmos Energy Corp., Mid Tex Division ( Atmos Mid Tex or Company ), and a regulatory authority with an interest in the rates and charges of Atmos Mid Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ( ACSC ), a coalition of approximately 164 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; 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 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 Gas Reliability Infrastructure Program ( 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, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff process for an additional five years; and

14 Item 6.B. WHEREAS, the City passed an ordinance renewing the RRM tariff process for the City for an additional five years; and WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities reasonable expenses associated with RRM applications; and WHEREAS, on or about July 15, 2013, the Company filed with the City its first annual RRM filing under the renewed RRM tariff, requesting to increase natural gas base rates by $22.7 million; and WHEREAS, ACSC coordinated its review of Atmos Mid Tex s RRM filing through its Executive Committee, assisted by ACSC attorneys and consultants, to resolve issues identified by ACSC in the Company s RRM filing; and WHEREAS, the ACSC Executive Committee, as well as ACSC s counsel and consultants, recommend that ACSC Cities approve the attached rate tariffs ( Attachment A to this Ordinance), which will increase the Company s revenues by $16.6 million; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURPHY, 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 which are attached hereto and incorporated herein as Attachment A, 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 RRM application. Section 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining

15 Item 6.B. provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 7. That if ACSC 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 Atmos 2013 RRM filing would be more beneficial to the ACSC Cities than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally and automatically accrue to the ACSC Cities, including the City, without the need for City to take any further action. If this automatic adjustment occurs, Atmos Mid Tex shall promptly thereafter file with the City an amended tariff documenting the adjustment to rates. Section 8. 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 November 1, Section 9. That a copy of this Ordinance shall be sent to Atmos Mid Tex, care of Chris Felan, Manager of 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 PASSED AND APPROVED this 15th day of October, ATTEST: Eric Barna, Mayor City of Murphy Kristi Gilbert, City Secretary City of Murphy APPROVED AS TO FORM: City Attorney

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45 Item 6.C. City Council Meeting October 15, 2013 Issue Consider and take action, if any, on a Resolution approving the 2013 tax roll with a total levy of $9,201, as certified by Kenneth L. Maun, Tax Assessor Collector for Collin County. Staff Resource/Department Linda Truitt Finance Director Background/History The 2013 appraisal roll was certified to the City by the Chief Appraiser of the Collin Central Appraisal District and approved by the City Council on August 6, The tax roll consists of the approved tax rate ($0.5700) applied to the taxable appraisal values ($1,614,305,560). This total levy includes funding for both maintenance and operations of the City and debt service. The City contracts with the Collin County Tax Assessor Collector for assessment and collection of property taxes. The Tax Assessor Collector calculates the total tax levy and submits this to the City for approval by the governing body. Approval of the tax roll is required by Section of the Texas Property Tax Code. Financial Considerations N/A Action Requested Approval of Resolution approving the 2013 tax roll and total tax levy as certified by Kenneth L. Maun, Tax Assessor Collector for Collin County. Attachments 1) Resolution 2) Correspondence from Tax Assessor

46 Item 6.C. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS, CONCERNING THE APPROVAL OF THE 2013 TAX ROLL WITH A TOTAL LEVY OF $9,201, WHEREAS The City of Murphy has a taxable levy in the amount of $9,201, as certified by Kenneth L. Maun, Collin County Tax Assessor Collector, for the 2013 tax year, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURPHY, COLLIN COUNTY, TEXAS AS FOLLOWS: SECTION 1. Section of the Texas Property Tax Code requires submittal of the tax roll to the governing body for approval. SECTION 2. The City Council approves the tax roll with a total levy in the amount of $9,201, for 2013 tax year for the City of Murphy. DULY RESOLVED by the City Council of the City of Murphy, Collin County, Texas on this 15 th day of October, APPROVED: ERIC BARNA, Mayor ATTEST: KRISTI GILBERT, City Secretary

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49 Item 7.A. City Council Meeting October 15, 2013 Issue Consider and take action, if any, on the request by the Glen Ridge Estates Homeowners Association to waive permit and/or impact fees for a proposed beautification project located at the intersection of Glen Ridge Drive and Heritage Drive. Staff Resource / Department James Fisher, City Manager Background/History The Council first considered this item at the October 1, 2013 Council meeting. During the meeting, HOA President Don Jackson advised the City Manager of several incidents in which the irrigation system and landscaping had been damaged by TxDOT contractors at their entrances at Glen Ridge and Shirehurst during the construction of North Murphy Road. Branson McCallister, acting on behalf of the Board of Directors of the Glen Ridge Estates HOA, has asked that the City waive the impact fees associated with installing a water meter at Glen Ridge Drive and Heritage Drive to provide irrigation for a beautification project at one of the subdivisions entrances. The HOA has funds in their budget for a landscaping project that they have been unable to spend at their entrances along North Murphy Road at both Shirehurst and Glen Ridge Drive due to TxDOT s construction activities. The HOA plans to undertake beautification projects at both the North Murphy Road intersections upon completion of the road construction. Mr. McAllister has been advised of the Stage 3 water restrictions, as well as the requirement to pay fees for future beautification projects. The following is city related costs: Water Meter 1 $ Deposit for meter $ Impact fees for 1 (water only for irrigation) $ 2, Cost for Public Works to make the tap and subsequent sidewalk repair $ 1, Irrigation/landscape permit fee $ Contractor registration fee (good for a year) $ Total Estimated City Fees: $ 4, I visited with TxDOT regarding the concern expressed by the Glen Ridge HOA. They advised that if the sprinkler line was in TxDOT right of way, the line would have been cut and capped. They did not know if the affected property owner would have been notified. It will also be difficult to determine which entity may have been responsible for capping the line if cut. I would propose that the City waived the requested fees, while we continue to resolve this issue. Action Requested Consider waiving all, a portion, or none of the development and/or impact fees for the Glen Ridge Estates landscape/beautification project.

50 Item 7.B. City Council Meeting October 15, 2013 Issue Consider and take action, if any, on the results of the bids received for the Animal Shelter Project. Background This project was approved by Council at the March 19, 2013 regular council meeting. The project, as approved, included (summary): 1. Concept drawing with suggested changes made at the joint January Council/ASAC meeting. 2. The costs for the Animal Shelter Project (ASP) to be at or below $620, Approval and adoption of Quorum as the architect and project management firm. 4. Authorized Quorum to develop the bid specifications and building plans for project construction. Council approved going out for bids on July 16, Bids notices were sent out and a pre bid meeting was held September 10, Bids were opened on September 17, 2013 The city received bids from eight (8) contractors. See the attached table for each bid, along with estimated costs for add alternates. The lowest bid received was for $939,000, which comes out to about $451 per square foot. The highest bid was $1,130,000, which is about $543 psf. The project estimate provided by Quorum was about $275 psf. This was a reasonable estimate based upon current and expected materials and labor costs. No satisfactory explanation has been submitted that might come close to explaining why the bids came in so high. The most recent project Quorum had come in at about $270 per square foot. Financial Considerations Depending upon the add alternate options approved upon bid openings, the costs should range from $620,000 for the building, including architectural services, to any additional add/alt items approved. As of this time, the financial exposure for the approved Animal Shelter project $620,000, which includes costs for architectural services. Other Considerations None Attachments Bid Tabulation Sheet: Murphy Animal Shelter Board/Staff Recommendation It is staff recommendation to reject all bids and rebid the project. If after the second round of bids, the project cannot be completed at the budgeted amount, other alternatives, such as remodeling of the current facility might be in order Motion: I move to reject all bids and direct Quorum to rebid the project utilizing the approved bid specs and documents for the Animal Shelter Project. Chief G. M. Cox and Kim Parker, Support Services Manager Submitted By Mr. James Fisher City Manager Approval

51 Item 7.B. 1. The bid climate is changing and material and labor prices are escalating. 2. The site utilities (extending the Fire line, adding the FH, then extending the water service down to the building) were high for such a small project. 3. The site grading and pavement (leveling of the site for grading, adding the concrete Fire Lane required by FD, both items resulting in partial removal and replacement of some of the existing asphalt pavement) exceeded original planned scope. 4. The Chain link fence prices I heard a contractor indicate that he had over $50,000 in fencing. 5. Small project, limited interest, higher prices from subs. 6. Higher OH than other municipal projects The City charged themselves over $36,000 for permit and impact fees. 7. The Mechanical (plumbing and HVAC) subs were using super inflated costs and GC could not find subs to do it for less. Digitally signed by David Duman Date: :31:55-05'00'

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53 Item 7.C. City Council Meeting October 15, 2013 Page 1 of 1 Issue Discussion on the improvements to North Murphy Road and an update on the Safe Routes to School project along North Murphy Road. Staff Resource / Department James Fisher, City Manager Background The staff has been in meetings with TxDOT to discuss this project and the status of completion. The City has been advised that the anticipated completion date is December Also, the City is working with TxDOT to provide safe access along and across North Murphy Road by pedestrians who will utilize the schools and parks. Staff would like to discuss with City Council some of the challenges/ideas and get City Council feedback. Staff Recommendation This item is for informational purposes only.

54 Item 7.D. City Council Meeting October 15, 2013 Page 1 of 1 Issue Consider and take action, if any, on the City Council meeting schedule for November and December 2013 and January Staff Resource / Department James Fisher, City Manager Consideration Section 3.09 of the Murphy City Charter requires the City Council to meet at least once per month. Traditionally, the City Council holds its regular meetings on the 1 st and 3 rd Tuesdays of the month. In years past, Council has modified the regular meeting schedule to allow for one meeting in December, typically conducted on the 2 nd Tuesday of the month. Staff Recommendation Staff is recommending modifications to the Council meeting dates as schedules allow.

55 Item 7.F. City Council Meeting October 15, 2013 Page 1 of 1 Issue Consider and take action, if any, on the 2014 City of Murphy Holiday Schedule. Staff Resource / Department James Fisher, City Manager Stacy Buckley, Human Resources Consideration Section 4.03 of the Employee Handbook requires submission of the holiday schedule prior to November 1st. The proposed schedule includes 10 holidays and is as follows: Wednesday, January 1 New Year s Day Monday, January 20 Martin Luther King, Jr. Day Friday, April 18 Good Friday Monday, May 26 Memorial Day Friday, July 4 Independence Day Monday, September 1 Labor Day Thursday, November 27 Thanksgiving Day Friday, November 28 Friday Thanksgiving Holiday Wednesday, December 24 Christmas Eve* Thursday, December 25 Christmas Day* * concern about closing Wednesday and Thursday, maybe staying open on December 24th, consider closing early on Wed (maybe 3pm) and taking Friday, December 26th off completely Staff Recommendation Staff recommends approval of the 2014 holiday schedule.

56 Item 7.G. City Council Meeting October 15, 2013 Issue Discuss Planned Development District Ordinance No (Gables and Ranch), Section H. Screening. Summary Council held discussions on this item on June 4, 2013 and has since provided direction to the City Attorney on pursuing a resolution. On May 21, 2013, a resident spoke to the City Council on behalf on behalf of the Ranch Subdivision property owners regarding the maintenance of the wooden fence along McWhirter Road and the requirements set forth in Ordinance , the planned development regulations for the subdivision. Background On October 20, 2003, the City Council adopted Ordinance No creating a Planned Development District for Single Family Uses with conditions, also known as The Ranch and Gables PD. This PD governs Phases 3 8 of The Ranch at North Hill and all phases of The Gables at North Hill subdivisions. On May 17, 2010, the City Council approved an amendment to Ordinance No that eliminated a tree maintenance requirement. On October 2, 2011, the City Council approved an amendment to Ordinance No that eliminated the masonry requirement for accessory buildings. Conditions 1. There is limited history available in regards to the approval of this Planned Development District from 2003 and/or the background as to the inclusion of the section in question. 2. Planned Development District Ordinance No (Gables and Ranch), Section H. Screening states (section in question is italicized): H. Screening: The screening shall be as reflected on the concept plan and as listed below, except as allowed by the Planning and Zoning and City Council. Permanent signage shall be permitted at all major entry points. All screening shall be maintained by the Homeowners' Association except for the 6 foot high board on board wooden fence with a top rail along McWhirter Road, which shall be maintained by each owner on whose lot the fence is located. Lots abutting dedicated park land shall have fencing consisting of an 8 foot high board on board wooden fence with a top rail, which shall have no access points (openings) to the park and shall be maintained by each owner on whose lot the fence is located. 1. McWhirter Road

57 Item 7.G. City Council Meeting October 15, 2013 i. A living screen shall be constructed as shown on the concept plan. The lots backing to McWhirter shall be deed restricted to require a 6 foot high board on board wooden fence with a top rail. 2. McCreary Road i. A 6 foot high brick thinwall will be constructed. 3. Betsy Lane i. A 6 foot high brick thinwall will be constructed. 4. Lots abutting dedicated park landi. The lots abutting dedicated parkland shall be deed restricted to require an 8 foot high board on board wooden fence with top rail. 3. If Council were to request amendment to this section of the PD affecting approximately thirty residences, public notification would be required to all residences within the Ranch and Gables (approximately 650 homes) governed by PD NO Action Requested Council will be briefed by the City Attorney in executive session Attachments Planned Development District Ordinance No

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