4. Presentation of Proclamation declaring September 17-23, 2017 at Constitution Week. (Palmer)

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1 1. Call to Order, Roll Call, and Determination of Quorum. (Palmer) 2. Invocation 3. Pledge of Allegiance. (Palmer) 4. Presentation of Proclamation declaring September 17-23, 217 at Constitution Week. (Palmer) 5. Items of Community Interest (Palmer) In accordance with Section of the Government Code, this agenda item provides an opportunity for City staff or the City Council to report information on items of community interest that is not posted on the agenda. Items of community interests may include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in Oak Point that has arisen after the posting of the agenda. 6. Public Input. (Palmer) This agenda item provides an opportunity for citizens to address the Council on any matter that is not posted on the agenda. The Council will hear comments on specific agenda items that are listed as public hearings prior to the Council addressing those items. There is a three minute time limit for each citizen. The City Council is not permitted to take action or engage in any discussion on presentations or inquiries concerning an item not listed on the agenda. However, in accordance with Section of the Government Code, a representative of City staff or the City Council may respond with either a statement of specific factual information relating to the inquiry or a recitation of existing policy in response to the inquiry. 7. Presentation and discussion of the following Monthly Reports: Financial Report for August 217 (Savage) Municipal Court Report for August 217 (Bockes) Permits Report for August 217 (Bockes) Department of Public Safety (DPS) Report regarding police, fire, medical, and code enforcement incidents during the month of August 217 (Shackleford) Zoning and Development Activity Report for September 217 (Olson) CONSENT AGENDA Meeting Agenda Regular Meeting of the Oak Point City Council Oak Point City Hall 1 Naylor Road Oak Point, Texas 7568 Monday, September 18, 217 6: P.M. items listed under the Consent Agenda heading are considered to be non-controversial and routine in nature. The Consent Agenda can be approved by the City Council with a single motion. Approval of the Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. Any City Council Member may remove any item from the Consent Agenda for discussion and separate action. Regular Meeting of the Oak Point City Council Monday, September 18, 217 Page 1 of 3

2 8. Consider and act upon the minutes for the August 21, 217 Regular City Council Meeting and August 29, 217 Special City Council Meetings. (Bockes) 9. Consider and act upon a resolution designating an official newspaper of the City of Oak Point for publication of required notices for FY (Bockes) 1. Consider and act upon a resolution authorizing the City Manager to execute an Interlocal Agreement with Aubrey Area Ambulance for emergency ambulance services for FY (Shackleford) 11. Consider and act upon a resolution authorizing the City Manager to execute an agreement with All American Animal Control regarding the provision of animal control services to the City of Oak Point. (Olson) 12. Consider and act upon a resolution authorizing the City Manager to execute an Interlocal Agreement with Denton County regarding the provision of property tax assessment and collection services for the Shahan Prairie Road Public Improvement District No. 1. (Savage) 13. Consider and act upon a resolution authorizing the City Manager to execute an electric supply agreement between the City of Oak Point, Texas and the Texas Coalition for Affordable Power, Inc., (TCAP) for a five year agreement for electric delivery services. (Savage) REGULAR AGENDA 14. Consider and act upon a resolution authorizing the City Manager to execute an extended three year service agreement with Republic Services for Solid Waste/Recycle services. (Olson) 15. Discuss and act upon an ordinance adopting the City of Oak Point 217 property tax rate. (Savage) 16. Discuss and act upon an ordinance adopting the FY City of Oak Point budget. (Olson) 17. Discuss and act upon an ordinance adopting the FY Oak Point Economic Development Corporation budget. (Olson) 18. Consider and act upon topics to be scheduled for a future City Council meeting. (Palmer) The City Council is not permitted to take action on or engage in any discussion regarding an item not listed on the agenda. However, this agenda item provides an opportunity for any member of the City Council to propose that a topic be scheduled for a future meeting. Upon an item being proposed for discussion, the City Council will vote to determine its collective desire to schedule the item for discussion and/or action at a future meeting. A majority vote of the City Council is required to schedule an item for discussion and/or action at a future meeting. 19. Adjournment. (Palmer) The City Council of the City of Oak Point, Texas, reserves the right to meet in a Closed Session on any item listed on this Agenda should the need arise, pursuant to authorization by Texas Government Code, Sections (consultation with attorney), (deliberations about real property), (deliberations about gifts and donations), (personnel matters), (deliberations about security devices), (economic development), (homeland security). This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to the meeting. Please contact City Hall at or by FAX at for further information. Regular Meeting of the Oak Point City Council Monday, September 18, 217 Page 2 of 3

3 CERTIFICATION: I do hereby certify that the above notice of this public meeting was posted on the designated bulletin boards at a.m. / p.m. on the 15 th day of September, 217. Amy Bockes, City Secretary This notice was removed at a.m. / p.m. on the day of September, 217. Amy Bockes, City Secretary Regular Meeting of the Oak Point City Council Monday, September 18, 217 Page 3 of 3

4 To: From: Mayor and City Council Amy Bockes, City Secretary Re: City Council Meeting September 18, 217 Date: September 15, 217 Agenda Item: Presentation of a proclamation declaring September 17th-23rd, 217 as Constitution Week in Oak Point. Description of Agenda Item: Each year the Daughters of the American Revolution bring awareness to the United States Constitution by requesting support from local towns and cities with a written proclamation declaring Constitution Week. This is the 23 th anniversary of the signing of the Constitution of the United States and the 62nd anniversary of Constitution week signed into law by President Eisenhower in The attached proclamation declares September as Constitution Week in Oak Point. Budget Impact: N/A Legal Obligations and Review: N/A Attached Documents: Constitution Week Proclamation Board, Committee and/or Staff Recommendation: City staff recommends that the Mayor present the proclamation declaring September 17-23, 217 as Constitution Week in Oak Point. Agenda Item No. 4 Page 1 of 1

5 PROCLAMATION CITY OF OAK POINT, TEXAS WHEREAS, September 17, 217 marks the two hundred twentyninth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 th through 23 rd as Constitution Week. NOW, THEREFORE, I, Keith Palmer, Mayor of the City of Oak Point, Texas, do hereby proclaim the week of September 17 th through 23 rd as CONSTITUTION WEEK in Oak Point, Texas AND, urge our citizens of Oak Point to commemorate the twohundred twenty-ninth anniversary of the Constitution and to reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Oak Point to be affixed this 18 th day of September, 217. Keith Palmer, Mayor ATTEST: Amy Bockes, City Secretary

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29 Monthly Court Report August 217 Aug 217 July 217 June 217 May 217 Apr 217 Mar 217 Feb 217 Jan 217 Dec 216 Nov 216 Oct 216 Sept 216 Aug 216 New Cases Filed Traffic (non-parking) Traffic (parking) Non-Traffic (state law) Non-Traffic (penal code) Non-Traffic (city ord) Compliance Dismissals Cases Dismissed: After Driver Safety Course After Deferred Disposition After Proof of Insurance Total Cases Pending Active Cases Pending Inactive Cases (Warrants) Total Cases Disposed Fines Kept by City $4, $3, $5, $5,992.6 $1, $4,696.8 $3,954.9 $3, $4,53.45 $3, $4,724.1 $3, $3, Remitted to State $2,22.4 $1,98.31 $3,23.11 $4,14.34 $1, $1, $1,928.5 $2, $1, $1, $2, $2,13.7 $2,24.18 Total $6, $5, $8,369.3 $1,6.4 $3,77.95 $6,61.83 $5, $5, $5, $5,42. $7,2.74 $5, $5,822.44

30 BUILDING INSPECTIONS August 217 PERMIT TYPE Jan Feb Mar Apr New Single Family Residential (1) New Commercial Electrical Plumbing HVAC Septic Swimming Pool/Pond Accessory Building/Addition Fence Retaining Wall Driveway/Culvert Irrigation Water Well Certificate of Occupancy Demolition Sign Right-of-Way Food Establishment Temporary Food/Mobile Food Roof Permit TOTAL (1) INSIDE CITY LIMITS/OUTSIDE CITY LIMITS *DISD MIDDLE SCHOOL **CONSTRUCTION TRAILER May Jun Jul Aug Sep Oct Nov Dec

31 Monthly DPS Report 217 January February March April May City COR WR City COR WR City COR WR City COR WR City COR WR City COR WR Calls Involving Persons Calls Involving Property Citizen Assist Agency Assist Ordinance Violations Police Admininistrative Duties/Crime Prevention Medical Calls Fire Calls Citations/ Violations Training Hours June City COR WR City COR WR City COR WR City COR WR City COR WR City COR WR Calls Involving Persons Calls Involving Property Citizen Assist Agency Assist Ordinance Violations Police Admininistrative Duties/Crime Prevention Medical Calls Fire Calls Citations/ Violations Training Hours July August September October November December

32 To: From: Cc: Re: Mayor and City Council Martin Almaraz, Public Works Superintendent Amy Bockes August Public Works Activity Report Date: September 11, 217 The Public Works Department completed the following projects and work during the month of august 217. Date Description of Work 8/1/17 Pull weeds and grass baseball #2 and drug baseball dirt, collect all grass and weeds disposal in trash. Preconstruction meeting prairie oaks phase 1 Inspections: Shahan lake view phase 1 electrical crossing pipe encasement. 8/2/17 Build drag for baseball fields, washed two tractors. Sharp blades brush hog etc. Inspections: Culvert 82 oak view rd. eagle landing Overview Shahan lake view 1A 8/3/17 Start mowing and weed eating Emerald Sound, pick trash from city hall, restrooms, park, boat ramp. Inspections: 8/4/17 Mowing city hall and weed eating, pavilion, basketball, volleyball, finish mowing Emerald Sound, mowing maverick ditch. Replaced fuel filter on Toro went to McKinney TX for second quote on mower tractor. Inspections: 8/7/17 Take trash from city hall, park, boat ramp, prepare timesheets. Finish weed eating Emerald Sound, trash pick McCormick and Naylor road. Inspections: RCB inspection mar top rd. for north Texas construction. Culvert inspection 82 oak view dr. 8/8/17 Pick trash from mar top road, weed eating around basketball. Complete complain 11 S1/2 lot remove and cut dead tree and haul off from there 3 hours. Inspections: Shahan lake view 1A electric crossing Call Atkins construction 22 mail box broken and two addresses at Concho. no grass 8/9/17 Went to city of Denton land field take load brush from 11 S ½ lake shore. Went to Page 1 of 3

33 Chico for load of cold mix start mowing mar top, Dickson ln. Inspections: Wood ridge phase 3. 3-wheel chair ramps lake bluff, Racine dr. 8/1/17 mowing mar tom road median pick trash. Meet with parker power system, city hall electrical problems. Weed eating martingale and 72 interceptions, went for water to the colony Inspections: 8/11/17 Mowing city hall, park, basketball, and weed eating, went to grand prairie to get school signs and posts hardware. Inspections: 8/14/17 Weed eating lakeshore entrance, park, north fence. Load base rock 2 yards lonesome dove graded and rolled. Inspections: 8/15/17 Takes off school signs and re-done new time, deliver load base rock. Installing school signs back, replaced mar top and Winchester road street signs. Inspections: Overview culvert design 115 Emerald sound 8/16/17 Trash pick boat ramp, weed eating. Killed weds at park. Filed potholes maverick and aqua marine Inspections 8/17/17 Roads flooded set up barricades at yacht club, check roads. Went Lowes for supply s. Mark spots for school zone signs on mar top made bases, dug holes on mar top Inspections 8/18/17 Dug holes set bases on mar top, weed park and mowed, mowed city hall and weed eating Inspections: 8/21/17 Pick trash park, boat ramp, ball fields. Pick trash McCormick and mowed weed eating. Inspections: 8/22/17 Pick trash restrooms, park, martingale mowed and weed eating. Inspections: 8/23/17 Mowed some martingale, mowed 2 city lots, cleaned outside restrooms. Inspections: 8/24/17 Pick trash from city hall, park, boat ramp, service the equipment (joe alone) Inspections: 8/25/17 Trash at park, mowing city hall, installing school signs on mar top road. Weed eat city lot maverick, mowed front ditch park. Inspections: 8/28/17 Pick trash from park, city hall, lake. Open enrollment meeting, set sign bases Mar top road Inspections 8/29/17 Replaced school signs post from 1 ft. to 12 ft. set up school bases and post. Preconstruction meeting wild ridge phase 3C and 3D Inspections: 8/3/17 Dug out 35 ft. side walk at long horn school zone haul off load dirt and add 8 tons of base rock from yard. Overview saw cuts patching crescent oaks drainage. Page 2 of 3

34 In addition to the above major projects, the Public Works Department performs the following recurring tasks during the month: Clean public restrooms in the DPS/Public Works Building on Monday and Friday of each week. Mow the intersection at McCormick Road, Naylor Road, and Yacht Club Road up to Martingale every other week and the rights-of-way along both roads on a monthly basis. Pick up trash on McCormick Road, Naylor Road and Yacht Club Road every other week. Collect trash at City Hall, boat ramp, and Jake s Place Park every Thursday. Mow City Hall yard every Friday. Perform park maintenance activities at Jake s Place Park every other week. Fill pot holes on roads as needed. Any spare time or rain days are spent performing maintenance work on City equipment. Culvert inspections as needed. Page 3 of 3

35 To: From: Re: Mayor & City Council Luke Olson, City Manager Zoning & Development Activity Report Date: September 18, 217 Agenda Item: Review and discuss the Zoning and Development Activity Report for the month of September 217 regarding current, pending, and recently approved projects within the City of Oak Point and Oak Point s extraterritorial jurisdiction. Description of Agenda Item: The purpose of this agenda item is simply to provide the Planning & Zoning Commission and City Council with an opportunity to inquire about or discuss the status of current, pending, and recently approved projects within the City of Oak Point and Oak Point s extraterritorial jurisdiction. Budget Impact: N/A Legal Obligations and Review: N/A Attached Documents: Zoning and Development Activity Report for the month of September 217. All Changes are highlighted in yellow. Board, Committee and/or Staff Recommendation: It is recommended that the City Council review and discuss the Zoning and Development Activity Report for the month of September 217. Page 1 of 1

36 Zoning and Development Activity Report September 217 Type of Plan Project Name Location City or ETJ Number of Lots Homebuilders (if applicable) P & Z Approval? Plats and Site Plans City Council Approval? Preconstructio n Meeting Conducted? Construction Status Amended Combine three lots into one 1.54 Lots , 36 Sagebrush Drive, Crescent Oaks City 1 Unknown Administrative Review Only Plat acre lot 481A Final Plat Wildridge Phase 3 A North side of Shahan Prairie Road approximately 1,3 feet east of FM 72 ETJ 26 Unknown P&Z Approved CC Approved April 4, 217 P&Z April 17, 217 CC 4/4 4/17 Final Plat Wildridge Phase 3B Northside of Shahan Prairie Road approximately 1,3 fee east of FM SFR Lots/3 HOA lots. ETJ ETJ 77 Unknown P&Z Approved 5/2/17 CC Approved 5/15/17 May 2, 217 P&Z May 15, 217 CC Final Plat Wildridge Phase 3C Northside of Shahan Prairie Rd. 34 SFR lots 1 HOA lot City/ETJ 35 Unknown P&Z Approved 6/6/17 Final Plat Wildridge Phase 3D Northside of Shahan Prairie Rd 83 SFR Lots 1 HOA lot City 84 Unknown P&Z Approved 6/6/17 Final Plat Prairie Oaks Phase Acres between Lloyds Road and the future extension of Martop Road Final Plat Construction Plans Shahan Lakeview (Shahan Prairie Road PID) Phase acres east of the Wildridge development on Shahan Prairie Rd. ETJ 64 Unknown P&Z Approved 3/7 ETJ 191 DR Horton P&Z Approved 4/4 CC Approved 6/19/217 CC Approved 6/19/17 CC Approved 3/2 CC Approved 4/17 June 6, 217 P&Z-Approved June 19, 217 CC June 6, 217 P&Z-Approved June 19, 217 CC Other Approved by P&Z and CC 3/217 April 4, 217 P&Z April 17, 217 CC Pending Zoning and Special Use Permit (SUP) Requests Type Request Location P & Z Approval City Council Approval SUP SUP for 2,4 square foot 312 Onyx, Emerald Sound at Lake Lewisville Public Hearing 1/3/217 P&Z barn/garage Public Hearing 1/16/217 City Council Zoning PD-Residential Lilly Tract Request to rezone acres from RE-3 to a PD R-1 for approximately 89 single-family residential lots from one to three acres. Public Hearing 1/3/217 P&Z Public Hearing 1/16/217 City Council Status Other Pending Projects Project Name Location Proposed Comprehensive Plan Amendment Lilly Tract Yacht Club Road Public Hearing 1/3/217 P&Z Public Hearing 1/16/217 City Council Dowdall Commercial Property Approximately 1 acres at the southeast corner of FM 72 (Oak Grove Parkway) and Shahan Prairie Road Zoning was approved in September 22. Owner is in marketing stage. Status September 217 Zoning and Development Activity Report - Page 1 of 2

37 Miller Commercial Property Rudman Property Wildridge (formerly Timberlake) Approximately 1 acres at the southwest corner of FM 72 (Oak Grove Parkway) and McCormick Road Approximately 127 acres at the northeast corner of FM 72/Oak Grove Parkway and Shahan Prairie Road Approximately 327 acres on the north side of Shahan Prairie Road east of FM 72 (City of Oak Point and Oak Point ETJ) Zoning was approved in March 212. Owner is in marketing stage. Zoning was approved in September 22. Zoning approved for 114 acres and development agreement approved for 213 acres in September 213. Preliminary plat of approximately 117 acres in the Oak Point ETJ was approved by the Planning & Zoning Commission and City Council. A final plat for 172 lots in Phase 1 and plans to reconstruct Shahan Prairie Road have been submitted to the City (see above). Phases 1 and 2 have been constructed and Phase 3 potentially being developed before end of the year. Annexation Petition for Shahn Prairie PID No. 1 Portion of Shahan Prairie Road Petition Resolution 4/17; public hearings on 5/15/17; Ordinance 6/19/17 Annexation Petition for Wildridge Portion of Shahan Prairie Road Petition Resolution 4/17; public hearings on 5/15/17; Ordinance 6/19/17 Prairie Oaks Public Improvement District No. 1 Approximately acres west of FM 72 (Oak Grove Parkway) within PID Resolution passed creating PID. Phase 1 Final Plat approved March 217-Pre construction meeting held 8/1/17 construction Phase 1 starting the Oak Point and Little Elm ETJ. Shahan Prairie Road Public Improvement District No. 1 Approximately 12.1 Acres-DR Horton East of the Wildridge development on Shahan Prairie Road in the Oak Point ETJ. PID Resolution Approved for Creation on 2/21/217-final plats pending. SAP and Assessment Rolls pending August 217 September 217 Zoning and Development Activity Report - Page 2 of 2

38 AGENDA ITEM 8 City Council Minutes August 21, 217 Regular Meeting and August 29, 217 Tax Rate Meeting

39 1. Call to Order, Roll Call, and Determination of Quorum. (Palmer) Mayor Palmer called the meeting to order at 6:2 p.m. with the following roll call: Keith Palmer Mayor Present Lynn Harpold Mayor Pro Tem Absent Judith Camp Deputy Mayor Pro Tem Absent Don Lindemann Council Member Present John Lusk Council Member Present Jim Almond Council Member Present City staff present: Meeting Minutes Regular Meeting of the Oak Point City Council Oak Point City Hall 1 Naylor Road Oak Point, Texas 7568 Monday, August 21, 217 6: P.M. Luke Olson Amy Bockes Jeff Moore Grant Savage Brian Howard City Manager City Secretary City Attorney Finance Manager Sergeant/DPS And with a quorum present the following items were address: Invocation Jeff Stafford gave the Invocation 2. Pledge of Allegiance. (Palmer) Mayor Palmer led the Pledge of Allegiance 3. Items of Community Interest (Palmer) Leslie Maynard asked to note in the newsletter to be aware of trash and debris on roadways and that people not throw trash on the roadways. 4. Public Input. (Palmer) There was no public input 5. Presentation and discussion of the following reports: Financial Report for July 217 (Savage) Regular Meeting of the Oak Point City Council Monday, August 21, 217 Page 1 of 5

40 Quarterly Investment Report June 217 (Savage) Municipal Court Report for July 217 (Bockes) Permits Report for July 217 (Olson) Department of Public Safety (DPS) Report regarding police, fire, medical, and code enforcement incidents during the month of July 217 (Shackleford) Zoning and Development Activity Report for August 217 (Olson) Council requested information on school traffic flow since school started. CONSENT AGENDA All items listed under the Consent Agenda heading are considered to be non-controversial and routine in nature. The Consent Agenda can be approved by the City Council with a single motion. Approval of the Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. Any City Council Member may remove any item from the Consent Agenda for discussion and separate action. 6. Consider and act upon the minutes for the July 17, 217 Regular City Council meeting, July 25, 217 and August 1, 217 Special Meeting. (Bockes) 7. Consider and act upon a resolution authorizing the City Manager to enter into an Interlocal Agreement with Denton County regarding the provision of property tax assessment and collection services for the Wildridge Public Improvement District No. 1. (Olson) Council Member Lusk motioned that the City Council approve the consent agenda items No. 6-7 as presented; motion seconded by Council Member Lindemann. Motion passed with a vote of 3-. REGULAR AGENDA 8. Conduct a public hearing to receive input on the City of Oak Point proposed budget for FY and act on the same. (Savage) A brief overview of the budget workshops was provided including larger item purchased budgeted for FY Tax rate was proposed with at.23 cent reduction and budget included replacement bullet proof vests and radio system for DPS. City staff recommended City Council open the public hearing. Mayor Palmer opened the public hearing at 6:13 p.m. No one wished to speak. Mayor Palmer closed the public hearing at 6:14 p.m. Mayor Palmer announced that the City Council will hold public hearings on the proposed tax rate tonight and on Tuesday, August 29, 217 at 5:3 p.m. The City Council will take final action on the FY budget and tax rate at the Monday, September 18, 217 City Council meeting. All meetings will be held at 1 Naylor Road, Oak Point. Regular Meeting of the Oak Point City Council Monday, August 21, 217 Page 2 of 5

41 9. Conduct the first of two public hearings on proposed 217 tax rate. (Savage) A brief presentation on the proposed 217 tax rate was provided stating the reduction of $.23 to lower the tax rate to $.54 per $1. The requirements for public hearings and the next scheduled date. City staff recommended opening the public hearing. Mayor Olson opened the public hearing at 6:15 p.m. Leslie Maynard requested to know how much her tax rate was going to be. Leslie was provided with the new tax rate of $.54 per $1. Mayor Palmer closed the public hearing at 6:17 p.m. Council Member Lusk requested that the actual tax rate be published on the projector for residents to see at the next public hearing. Mayor Palmer announced that the second public hearing on the proposed tax rate would be held on Tuesday, August 29, 217 at 5:3 p.m. and the City Council will take final action on the 217 tax rate on Monday, September 18, 217 at 6 p.m.. Both meetings will be held at 1 Naylor Rd., Oak Point. 1. Consider and act upon a resolution approving an amended and restated development agreement between the City of Oak Point and DRH Land Opportunities I, LLC. (Olson) A brief overview of the amendment to the development agreement was provided to the City Council showing that the assessment per lot for road maintenance was being reduced from $25 to $85; however, the new assessment was for the term of the PID as opposed to maximum amount of $15K. City staff recommended approval of the amended development agreement. Council Member Lusk motioned that the City Council vote to approve a resolution authorizing the City Manager to execute a fourth amendment to the Development agreement between the City of Oak Point and DRH Land Opportunities I, LLC; motion seconded by Council Member Lindemann. Motion passed with a vote of Continue a public hearing, consider and act upon an ordinance levying special assessments for the Shahan Prairie Road Public Improvement District No. 1 lots to pay for public improvements that confer a special benefit on the public improvements being constructed and financed and approving a final service and assessment plan. (Olson) The public hearing from July 17 was continued in order to consider an ordinance levying assessments against the property located in the Shahan Prairie Road Public Improvement District No. 1 to pay for the public improvements identified in the final SAP. The public hearing included testimony concerning the levying of special assessments for public improvements as noted: (i) acquisition, construction, and improvement of streets, sidewalks, and roadways, including drainage facilities related thereto; (ii) projects similar to those listed in subsection (i) above that are authorized by the Act; and (iii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i)- Regular Meeting of the Oak Point City Council Monday, August 21, 217 Page 3 of 5

42 (ii) above, including costs of establishing and operating the District (including ongoing maintenance) in the estimated total amount of $4,442,. The notice of public hearing was published in the Little Elm Journal on Friday, June 3, 217 and public hearing notices were mailed to affected property owners on June 23, 217, in accordance with Section (b) of the Texas Local Government Code and the boundaries of the PID in accordance with Section (c) of the Texas Local Government Code. At the July 17 City Council Meeting the City Council motioned to continue the public hearing to August 21, 217 at 6 p.m. to allow for an adjustment from a set fee for street maintenance to a per lot fee per year of $85. Mayor Palmer continued the public hearing, no one wished to speak. Mayor Palmer closed the public hearing at 6:22 p.m. Council Member Almond motioned that the City Council approve an ordinance levying special assessments to pay for public improvements and approving a final service and assessment plan for the Shahan Prairie Road Public Improvement District No.1; motion seconded by Council Member Lusk. Motion passed with a vote of Consider and act upon an ordinance updating the Phase 2 Service and Assessment Plan for the Wildridge Public Improvement District No. 1. (Olson) On November 16, 216 the City Council approved Ordinance No which approved a Service and Assessment Plan for Phase 2 for the Wildridge Public Improvement District No. 1. levying assessments against the Phase 2 Property to pay for the public improvements identified in the SAP. The 216 SAP included the levying of special assessments in the aggregate amount of $3,775,. against the Phase 2 Property to pay for public improvements that would confer a special benefit on the Phase 2 Property. The purpose of this item is to update the Phase 2 Service and Assessment Plan related to a slight decrease in total indebtedness over the six year period of approximately $6,815. Exhibit I (Service Plan Six-Year Projection of Annual Indebtedness) on page 57 was adjusted for 218 with the prior SAP showing 218 Principal as $25, and the updated SAP showing $ principal for 218, and a lower amount of interest between the two years. There are no changes to any assessments being levied to the lots. The change of amounts reflects in the projected indebtedness. City staff recommended approval of the updated Phase 2 service and assessment plan. Council Member Lindemann motioned that the City Council vote to approve an ordinance accepting the Wildridge Public Improvement District No. 1, Phase 2 updated 217 service and assessment plan; motion seconded by Council Member Almond. Motion passed with a vote of Consider and act upon the nomination and appointment for a Council Liaison for the EDC/MDD Boards. (Bockes) Due to travel schedules, Council Member Almond was unable to serve as Council Liaison for the EDC/MDD. City staff recommended that the City Council nominate and appoint a new liaison. Regular Meeting of the Oak Point City Council Monday, August 21, 217 Page 4 of 5

43 Council Member Lindemann motioned to nominate and appoint Mayor Palmer to serves as the Council Liaison for the EDC/MDD; motion seconded by Council Member Lusk. Motion passed with a vote of 3-. CLOSED SESSION 14. Recess into Closed Session in compliance with Section et. Seq. Texas Government Code, to wit: a. Section Consultation with City Attorney to receive legal advice related to the Wildridge Public Improvement District No. 1. b. Section (Personnel Matters)- to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager Evaluation. Mayor Palmer recessed into Closed Session at 6:27 p.m. 15. Reconvene into Regular Session and take any actions necessary as a result of the Closed Session. Mayor Palmer reconvened into Regular Session at 7:53 p.m. No action was taken on item 14 a. Council Member Lindemann motioned that the City Council increase the City Manager s pay to $128,25 and provide one additional personal day; motion seconded by Council Member Almond. Motion passed with a vote of Consider and act upon topics to be scheduled for a future City Council meeting. (Palmer) No future agenda items were addressed. 17. Adjournment. (Palmer) Council Member Lusk motioned to adjourn; motion seconded by Council Member Almond. Motion passed with a vote of 3-. The meeting adjourned at 7:54 p.m. Keith Palmer, Mayor ATTEST: Amy Bockes, City Secretary Regular Meeting of the Oak Point City Council Monday, August 21, 217 Page 5 of 5

44 Meeting Minutes Special Meeting of the Oak Point City Council Oak Point City Hall 1 Naylor Road Oak Point, Texas 7568 Tuesday, August 29, 217 5:3 P.M. 1. Call to Order, Roll Call, and Determination of Quorum. (Palmer) Mayor Palmer called the meeting to order at 5:31 p.m. with the following roll call: Keith Palmer Mayor Present Lynn Harpold Mayor Pro Tem Present Judith Camp Deputy Mayor Pro Tem Present Don Lindemann Council Member Present John Lusk Council Member Present Jim Almond Council Member Absent City staff present: Luke Olson Amy Bockes Grant Savage Mike Shackleford City Manager City Secretary Finance Manager Director of Public Safety And with a quorum present the following items were addressed: 2. Pledge of Allegiance. (Palmer) Mayor Palmer led the Pledge of Allegiance 3. Presentation of a proclamation declaring September 11, 217 as Patriot Day in Oak Point, Texas. (Palmer) Mayor Palmer read a proclamation declaring September 11, 217 as Patriot Day in Oak Point. REGULAR AGENDA 4. Conduct the second of two public hearings on proposed 217 tax rate. (Savage) This is was the second of two public hearings on the proposed tax rate. The rate was lowered by $.23 which took the tax rate from $.563 down to $.54. Mayor Palmer opened the public hearing at 5:39 p.m. No one wished to speak. Special Meeting of the Oak Point City Council Tuesday, August 29, 217 Page 1 of 2

45 Mayor Palmer closed the public hearing at 5:4 p.m. Mayor Palmer stated that the City Council will take final action on the proposed tax rate and budget at the September 18, 217 City Council meeting at 1 Naylor Rd., Oak Point. 5. Consider and act upon an Ordinance providing for school zone times to alter based on school starting and ending times annually for Oak Point Elementary, Shahan Prairie Road. (Olson) The purpose of this item is to remove specific school zone times for Oak Point elementary and allow for changes in the school year to avoid having to update ordinances with every change. There were no changes to the posted speed. City staff recommended approval of the amended ordinance. Mayor Pro Tem Harpold motioned that the City Council approve an ordinance providing for school zone times to be altered based on school starting and ending times annually for Oak Point Elementary, Shahan Prairie Road; motion seconded by Council Member Lindemann. Motion passed with a vote of Consider and act upon an Ordinance providing for a maximum rate of speed of twenty-five (25) miles per hour on portions of Mar top and Winchester Roads within the City of Oak Point and Extraterritorial Jurisdiction during school zone hours when school is in session. (Olson). The purpose of this item is to set school zone speed limits for the new Denton Middle School. The times would be based on annual start and end times, but the speed limit is being recommended at 25 mph until a speed study can be conducted. The speed limits and times will be for both Mar top Road and Winchester Roads as noted in the ordinance. City staff recommended approval of the ordinance. Council Member Lusk motioned that the City Council approve an ordinance providing for a maximum rate of speed of twenty-five (25) miles per hour on portion of Martop and Winchester Roads within the City of Oak Point and Extraterritorial Jurisdiction during school zones hours when school is in session; motion seconded by Council Member Lindemann. Motion passed with a vote of Adjournment. (Palmer) Council Member Lusk motioned to adjourn; motion seconded by Deputy Mayor Pro Tem Camp. Motion Passed with a vote of 4-. The meeting adjourned at 5:47 p.m. Keith Palmer, Mayor ATTEST: Amy Bockes, City Secretary Special Meeting of the Oak Point City Council Tuesday, August 29, 217 Page 2 of 2

46 To: From: Mayor and City Council Amy Bockes, City Secretary Re: City Council Meeting September 18, 217 Date: September 15, 217 Agenda Item: Consider and act upon a resolution designating an official newspaper of the City of Oak Point for publication of required notices for FY Description of Agenda Item: The Local Government Code, Section 52.4, requires the governing body of a municipality to contract annually with a public newspaper for the publication of its legal notices, ordinances, and other matters as required by law. The Denton Record Chronicle and the Little Elm Journal are two local newspapers available to residents of Oak Point. The Denton Record Chronicle is published daily and the Little Elm Journal is published weekly on Fridays. Both newspapers meet the requirements set forth in the Local Government Code relating to official newspapers of a municipality. Currently, the City uses the Little Elm Journal for its official publications. When designating the official newspaper, there are several items to consider. In comparing standard publication rates for notices, the Denton Record Chronicle is slightly less expensive than the Little Elm Journal. However, there is another variable to consider regarding the publication rates for ordinances. The Local Government Code states each ordinance that imposes a penalty, fine, or forfeiture shall be published in: Two (2) consecutive issues if the official newspaper is a daily paper; or One issue of the newspaper if the official newspaper is a weekly paper. Since the Denton Record Chronicle is published daily, ordinance notices must be published for two consecutive days. The Little Elm Journal is published weekly; therefore ordinance notices would only have to be published for one day. Because there is no fixed number of ordinances adopted by the City Council, the overall costs relating to publications can vary. Agenda Item No. 9 Page 1 of 2

47 Another item to consider is the local coverage provided by each newspaper. Denton Record Chronicle covers stories within the City of Denton and areas located within Denton County, including Oak Point. The Little Elm Journal primarily covers items relating to Little Elm, Lakewood Village, Oak Point, and some surrounding areas. Budget Impact: There is $1,75 budgeted in the proposed FY budget for legal publications. Legal Obligations and Review: As noted above, the Local Government Code, Section 52.4, requires the governing body of a municipality to contract annually with a public newspaper for the publication of its legal notices, ordinances, and other matters as required by law. Attached Documents: Resolution Board, Committee and/or Staff Recommendation: City staff has been pleased with the service provided by the Little Elm Journal. Because the Little Elm Journal primarily covers items relating to the nearby smaller cities and the cost issues are negligible, City staff recommends that the City Council approve a resolution designating the Little Elm Journal as the official newspaper of the City of Oak Point for publication of required notices for FY Agenda Item No. 9 Page 2 of 2

48 CITY OF OAK POINT, TEXAS RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, DESIGNATING THE LITTLE ELM JOURNAL AS THE OFFICIAL NEWSPAPER FOR THE CITY OF OAK POINT FOR PUBLICATION OF REQUIRED NOTICES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Local Government Code, Section 52.4, requires the governing body of a municipality to annually designate a public newspaper of the City as the official newspaper for publication of required notices; and WHEREAS, the City Council of Oak Point, Texas, finds that the Little Elm Journal is a publication that meets the following legal criteria as required of an officially designated newspaper: Devotes not less than 25% of its total column lineage to general interest items; Is published at least once a week; Is entered as second class postal matter in the county where published; and Has been published regularly and continuously for at least 12 months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, THAT: SECTION 1. The City Council of the City of Oak Point, Texas hereby designates the Little Elm Journal as the official newspaper for publication of ordinances, notices, and other matters required by state law. SECTION 2. This resolution remains effective for the fiscal year beginning October 1, 217 through September 3, 218. DULY PASSED AND APPROVED by the City Council of the City of Oak Point, Texas, this the 18th day of September, 217. ATTEST: Keith Palmer, Mayor Amy Bockes, City Secretary Page 1

49 To: From: Mayor and City Council Michael Shackleford, Director of Public Safety Re: City Council Meeting September 18, 217 Date: September 15, 217 Agenda Item: Consider and act upon a resolution authorizing the City Manager to execute an Interlocal Agreement with Aubrey Area Ambulance for emergency ambulance services for FY Description of Agenda Item: Because the City has not been and is not in a position to supply its own ambulance transport service, the City has contracted with the Aubrey Area Ambulance since 22 to provide ambulance transport for patients who experience a medical or mental emergency. The contract costs have remained essentially the same with small increases mostly due to fuel costs. This stability in cost is due to the department s training and the ability of firefighters and officers to recognize calls which do not require ambulance transport. The level of service provided by Aubrey Area Ambulance has remained consistent throughout the years that the City has been associated with them and I see no reason to think it would not continue to be so. Aubrey Ambulance has also been consistent with the City in its costs and while the City may go with a neighboring city or private entity in which they may initially offer a less expensive price the City takes the risk that it will be hit with substantial increases as contracts are renewed with no other option as what would be the incentive of Aubrey to resume service with the City. Budget Impact: The annual rate included in the contract is $18,353, which is $1,685 more than the fee paid in FY The FY budget includes $18, for ambulance services. Legal Obligations and Review: This contract is the same as the past year. Therefore, it was not forwarded to the City Attorney for review. Agenda Item No. 1 - Page 1 of 2

50 Attached Documents: Resolution with Interlocal Agreement for Emergency Ambulance Services Board, Committee and/or Staff Recommendation: City staff recommends that the City Council approve the resolution authorizing the City Manager to execute an Interlocal Agreement with Aubrey Area Ambulance for emergency ambulance services for FY Agenda Item No. 1 - Page 2 of 2

51 CITY OF OAK POINT, TEXAS RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF OAK POINT, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT WITH AUBREY AREA AMBULANCE FOR EMERGENCY AMBULANCE SERVICES FOR FY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: The City Manager of the City of Oak Point, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Oak Point, Texas, an Interlocal Agreement, attached hereto, with Aubrey Area Ambulance for emergency ambulance services for FY SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Oak Point, Texas, this 18th day of September, 217. ATTEST TO: Keith Palmer Mayor Amy Bockes City Secretary

52

53

54 To: From: Mayor and City Council Luke Olson, City Manager Re: City Council Meeting September 18, 217 Date: September 15, 217 Agenda Item: Consider and act upon a resolution authorizing the City Manager to execute a two-year agreement with All American Animal Control regarding the provision of animal control services to the City of Oak Point. Description of Agenda Item: All American Animal Control currently provides animal control services to the City of Oak Point. The services provided by All American Animal Control include random patrols, routine and emergency service calls, dead animal removal, impoundment, and containing loose livestock. All American Animal Control has provided animal control services to the City since September 29. While the term of prior agreements extended from January through December, the current contract terminates in September. The change was made to allow contract terms for the following year to be negotiated during the budget process. This year the contract has been extended to a two year contract with built in increases based on population. The term of the contract will extend from October 217 to September 219. Year one fee will be $19, and Year two fee will be $19, Each year 1% of the total will be due by October 15 th and the remainder fees will be paid monthly. Budget Impact: Per the proposed contract, FY expenses will total $19, GL Code of the FY budget includes $22, for animal control services. Legal Obligations and Review: Because the agreement has not changed, it was not forwarded to the City Attorney for review. Agenda Item No Page 1 of 2

55 Attached Documents: Resolution with Agreement Alternatives: Potential alternatives include entering into a contract with another provider such as the North Texas Animal Control Authority or exploring the possibility of entering into an interlocal agreement with the Town of Little Elm to provide animal control services to the City. Board, Committee and/or Staff Recommendation: City staff recommends that the City Council approve the resolution authorizing the City Manager to execute a two-year agreement with All American Animal Control regarding the provision of animal control services to the City of Oak Point. Agenda Item No Page 2 of 2

56 CITY OF OAK POINT, TEXAS RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF OAK POINT, TEXAS, TO EXECUTE A TWO-YEAR AGREEMENT WITH ALL AMERICAN ANIMAL CONTROL REGARDING THE PROVISION OF ANIMAL CONTROL SERVICES TO THE CITY OF OAK POINT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: The City Manager of the City of Oak Point, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Oak Point, Texas, a two-year Agreement, a copy of which is hereto attached, with All American Animal Control regarding the provision of animal control services to the City of Oak Point. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED this the 18 th day of September, 217. ATTEST: Keith Palmer, Mayor City of Oak Point, Texas Amy Bockes, City Secretary City of Oak Point, Texas

57 1286 Tischler Rd. Pilot Point TX (972) 382-DOGS THIS AGREEMENT (hereinafter referred to as the Agreement ) is made and entered into by Robert Matthews, a private contractor, d/b/a/ All American Animal Control, a division of All American Dogs (hereinafter referred to as AAAC ) and the City of Oak Point, Texas, a municipal corporation (hereinafter referred to as Oak Point or the City. RECITALS WHEREAS, Oak Point is desirous of providing for residents and businesses with full-time animal control services, and WHEREAS, AAAC is desirous of furnishing full-time animal control services to Oak Point, and WHEREAS, the parties hereto desire to enter into this Agreement to provide animal control services at the highest level possible to Oak Point in accordance with the terms and conditions set forth herein, and WHEREAS, all payments to be made hereunder shall be made from current revenues available to the paying party, and WHEREAS, the parties have concluded that this Agreement fairly compensates the performing party for the services being provided hereunder, and is in the best interest of each party. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, THE PARTIES HERETO AGREE TO THE FOLLOWING: Section 1: Section 2: Section 3: All matters stated above in the preamble are found to be true and correct and are incorporated herein by references as if copies in their entirety. Term: This Agreement shall commence on October 1, 217 and end September 3, 219. Any extension of the term of this Agreement, including any changes in the terms and conditions, shall require the approval of the governing body of Oak Point. Scope of Services: AAAC hereby agrees to provide Oak Point the following services, personnel, and facilities:

58 a. Patrol Services: AAAC will provide random patrols for the enforcement of ordinances set forth in Chapter 2, Articles 2, Animal Control and any amendments. b. Service Calls: AAAC will provide unlimited field service calls per month in this all inclusive contract. Routine service calls will be answered between the hours of 8:AM and 5:PM Monday through Friday. Only emergency calls for service will be answered after theses hours. Routine service calls must be viable calls which the animal control officer (hereinafter referred to as ACO ) will be able to provide an immediate proper disposition. Some examples of viable service calls include, but are not limited to: A contained stray animal which the ACO is guaranteed to impound; A deceased domestic animal in the roadway; A complaint which requires immediate ACO intervention. Non-emergency service calls (Weekdays after 5pm until 8am next day and weekends) will be billed separately at $225 per call. Examples would be cat in a tree or deceased animal not impeding traffic. Emergency service calls will be answered 24 hours a day, 7 days a week and include the following: An injured domestic animal when the owner is not known or present; A domestic animal bite to a human when the owner is not known or present; Loose livestock in the roadway causing a hazard to motorists, A domestic animal which has or is showing aggressive or dangerous tendencies. An officer from the Oak Point Police Department or their designate must respond prior to any emergency call to confirm the need for an ACO. c. Monthly Reports: AAAC will supply a monthly report to the City Secretary of Oak Point no later than 4:PM on the third Monday of every month. The report shall summarize all animal control activity within the City borders from the previous month. d. Animal Bites: An ACO will make an incident report and have the animal s owner verify that rabies vaccinations are current. An ACO will respond and oversee proper quarantine procedures set forth by state law. e. Dead Animal Removal: AAAC agrees to provide removal of dead animals, excluding livestock, on any public property and on private property when an animal owner is unidentified within the limits of Oak Point. In the event of dead livestock, AAAC may contract an outside resource to provide removal services at the further expense of the City. In the event the owner of a

59 deceased animal is identified, AAAC will charge said owner a fee for any removal of dispositioning services. f. Impoundment and Boarding: An ACO is authorized to capture and impound any animal upon having probable cause to believe the animal to be in violation of any provision of Ordinance Chapter 2, Articles 2 or state law, which authorizes or requires the animal s capture and impoundment. The ACO will notify the City Secretary or designee of the City as soon as possible regarding any animal impounded. AAAC shall collect and retain any impoundment fees from the enforcement of this ordinance. If, by identification tag, the owner of an impounded animal can be identified, the ACO will make every attempt to return the animal to its home and notify the owner of any violations witnessed by the ACO. Written warnings and/or citations may be issued to owners of said animal. All impounded animals shall be kept for not less than five (5) days by AAAC. After this period of time, the animal shall be released to a humane organization, placed for adoption, or humanely destroyed at the discretion of AAAC. No record shall be kept by the City as to the disposition of an animal after release is made to the facility. Any animal, whether licensed or unlicensed, which is the professional judgment of AAAC and its employees, is in great pain and suffering due to injury from which the animal probably will not recover, and/or which is at large and is posing an imminent danger to human beings or to other animals, may be destroyed by the ACO on scene in a humane manner. The ACO may impound any animal which, in the professional opinion of the ACO, appears to be rabid, or is showing the clinical signs of rabies. The ACO will provide humane euthanasia so that the animal may be submitted to the Texas Department of Health for proper rabies testing. g. Loose Livestock: AAAC will respond to calls on loose horses, cattle, pigs, or ruminants by containing the animal(s) and then notifying the owner (if possible) to clam the animal(s) and/or the Denton County Sheriffs Department to provide impoundment applicable to state laws. h. Animal Cruelty and Neglect Calls: AAAC will respond to animal cruelty or neglect calls and take appropriate actions according to state law. A City police officer may be called to assist the ACO on any such call. i. Education: AAAC will provide information to residents on pet responsibility, local and state animal control laws, rabies and coping with wildlife issues. Professional advice will be given to solve most animal related problems. j. Other Services: The City of Oak Point agrees to allow AAAC to provide its complete line of Animal Related Services to the residents of Oak Point as

60 individual clients at no other cost to the City. Such services include, but are not limited to: Emergency Animal Ambulance Services Pet Transportation & Taxi Services Lost Pet Recovery Services Deceased Pet Removal, Cremation, and Burial Services Nuisance Wildlife Rescue & Control (Trapping) The resident would be considered a client of AAAC and would be solely responsible for any fees incurred. k. Information Line: AAAC currently operates on a 24 hour basis and maintains that our phone lines are answered 24 hours a day, 7 days a week for police and city officials. Any resident from the City of Oak Point nay take advantage of this service during normal business hours so that AAAC may better assist their individual needs. l. Schedule of Fees: These fees shall be charged to the residents of Oak Point. The City is not responsible for these fees: Animal Impoundment Fee: Boarding Fee: $75. each impoundment $1 per day or portion thereof These fees may be changed upon approval of the governing body of Oak Point upon adoption or a change of City Ordinance. Section 4: City of Oak Point s Obligations: Oak Point agrees to perform the following: Year One: Pay an all-inclusive fee of $19, for all animal control and sheltering services for the duration of the contract. Ten percent (1%) of this fee will be paid with receipt of a signed contract in the amount of $1, This results in the remaining monthly payment of $1, Year Two: Pay an all-inclusive fee of $19,74.45 for all animal control, sheltering services, and trapping for the duration of the contract. Ten percent (1%) of this fee will be paid by October 15 th, 218 in the amount of $1,974.5 This results in the remaining monthly payment of $1,48.53 All inclusive fees do not include the following situations: Quarantine fees as required by Texas Department of Heath when an owner is not known or available; Specimen shipment fees on applicable animals; Medical & veterinary fees as needed. Any fees not covered under the all inclusive contract must be approved by the Chief of Police.

61 Section 5: Section 6: Revenues Retained: City shall retain all fines, forfeitures, etc. that may be generated by performing ordinance enforcement duties within the City s boundary. Termination: a. This Agreement may be terminated at any time, by either party, giving thirty (3) days written notice to the other party to the addresses provided herein. In the event of such termination by either party, AAAC will be compensated for all services performed to termination date, which will be the date one (1) month after the date of the notice of termination., together with any payments then due and as authorized by this Agreement. b. If the City fails to make payment to AAAC within fifteen (15) days after the date of billing for any invoiced amounts, AAAC will suspend services to Oak Point and identify a date on which the services will be suspended and will notify City Hall by telephone and in writing of the date services will be suspended. c. Failure of AAAC to furnish any services under this Agreement, the City shall have the right to make appropriate reduction in any fee paid (as determined by mutual agreement of the parties) or terminate this Agreement by giving proper notice. Section 7: Notice and Payments: All written notices, payments, or refunds shall be sent to the following addresses: All American Dogs City of Oak Point 1286 Tischler Rd. P.O. Box 268 Pilot Point, TX Oak Point, TX Section 8: Dispute Resolution: In order to ensure an effective relationship between the parties and to proved the best possible services, it is mutually agreed that all questions arising under this Agreement shall be handled and resolved between the Mayor and the owner of AAAC. Section 9: Jurisdiction: By this Agreement, Oak Point grants full and complete authorization and jurisdiction to AAAC for all services provided by AAAC as contained in this Agreement. Said jurisdiction shall apply to the city limits of Oak Point. Section 1: Section 11: Venue: Venue for any legal dispute arising pursuant to this Agreement shall be in Denton County, Texas. Supervision/Certification: At all times during the term of this Agreement, all Animal Control Officers shall be under the supervision and control of a representative of AAAC. Also, all officers shall be certified in their respective areas of expertise to carry out their duties. All Animal Control vehicles shall

62 be properly marked and identified. ACO vehicles shall be considered as Authorized Emergency Vehicles in accordance with the Uniform Traffic Code. Section 12: Performance: Both parties mutually agree that AAAC is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of AAAC in no way are to be considered employees of the City. Section 13: Indemnification: AAAC agrees to hold harmless, save and indemnify the City and its Officers for any an all claims for damages, personal injury and/or death that may be asserted against Oak Point arising from AAAC negligence or its performance hereunder, save and except intentional acts of gross negligence by Oak Point. The foregoing notwithstanding, the parties hereto reserve the right to all available legal defenses and all protections and limitations of liability provided by the Texas Tort Claims Act and the Texas Constitution relative to these parties. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 14: Insurance: AAAC agrees to procure and maintain, at a minimum, $1,, liability insurance policy providing coverage against any and all claims for personal injury or property damage arising out of acts, errors, or omissions of AAAC, its officers, employees, or agents under or pursuant to this Agreement. The City shall be named as a certificate holder and shall be notified if this policy is cancelled for any reason. Section 15: Employment Verification: All AAAC Owners, employees, and volunteers have undergone a comprehensive criminal background check provided by a legitimate company (Lexis-Nexis) and records will be made available to the governing body at their request. In addition, a driving background will be performed for employees whose responsibilities reasonably require them to use company vehicles in the performance of Animal Control Services. IN WITNESS WHEREOF, we have hereunto set out hands this the day of, 217 in the duplicate originals. All American Animal Control By: Bob Matthews City of Oak Point By: Attest: By: Witness Attest: By: Amy Bockes, City Secretary

63 To: From: Cc: Mayor and City Council Grant Savage, Finance Manager Luke B. Olson, City Manager Re: City Council Meeting September 18, 217 Date: September 15, 217 Agenda Item: Consider and act upon a resolution authorizing the City Manager to execute an Interlocal Agreement with Denton County regarding the provision of property tax assessment and collection services for the Shahan Prairie Road Public Improvement District No. 1. Description of Agenda Item: In previous years, Denton County has performed tax assessment and collection services for the City of Oak Point and will add the collection of PID assessments for the Shahan Prairie Road Public Improvement District No. 1. Upon execution of the attached Interlocal Agreement (ILA), Denton County will again serve as the District s tax assessor and collector for FY Budget Impact: Funds for tax assessment and collection services associated with the PID will be included in the proposed FY budget. The fee will be the same as the City s fee of $.82 per statement for FY Denton County will deduct the fees from the PID s tax collection revenue no later than January 31, 218 rather than the City paying an invoice for the services. Legal Obligations and Review: The agreement is Denton County s standard ILA for tax collection and assessment services and only the method of payment for collection services changed from previous years. Therefore, it was not forwarded to the City Attorney for review. Attached Documents: Resolution with Interlocal Agreement Agenda Item No. 12 Page 1 of 2

64 Board, Committee and/or Staff Recommendation: City staff recommends that the City Council approve the resolution authorizing the City Manager to execute an Interlocal Agreement with Denton County regarding the provision of tax assessment and collection services for the Shahan Prairie Road Public Improvement District No. 1. Alternatives The City could employ a Tax Assessor/Collector, but the cost of providing property tax assessment and collection services would undoubtedly increase. Agenda Item No. 12 Page 2 of 2

65 CITY OF OAK POINT, TEXAS RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF OAK POINT, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT WITH DENTON COUNTY REGARDING THE PROVISION OF PROPERTY TAX ASSESSMENT AND COLLECTION SERVICES FOR FY FOR THE SHAHAN PRAIRIE ROAD PUBLIC IMRPOVEMENT DISTRICT NO. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: The City Manager of the City of Oak Point, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Oak Point, Texas, an Interlocal Agreement, attached hereto, with Denton County regarding the provision of property tax assessment and collection services for FY for the Shahan Prairie Road Public Improvement District No. 1. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 18th DAY OF September, 217. ATTEST: Keith Palmer, Mayor Amy Bockes, City Secretary

66 THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR PUBLIC IMPROVEMENT ASSESSMENT COLLECTION BETWEEN DENTON COUNTY, TEXAS AND PUBLIC IMPROVEMENT DISTRICT THIS AGREEMENT is made and entered into this day of, 217, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and, Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "CITY/TOWN." WHEREAS, COUNTY and CITY/TOWN mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act; and WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code, Subchapter A, CITY/TOWN has created,, hereinafter referred to as DISTRICT, and has levied special assessments on properties within the boundaries of the CITY/TOWN, and; WHEREAS, pursuant to of the Texas Local Government Code, CITY/TOWN has the authority to contract with the COUNTY to perform the duties of CITY/TOWN relating to collection of special assessments levied by DISTRICT under Chapter 372, Subchapter A; and NOW THEREFORE, COUNTY and CITY/TOWN, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: I. The effective date of this Agreement shall be the 1st day of October, 217. The term of this Agreement shall be for a period of one year, from October 1, 217, to and through September 3, 218. This Agreement shall be automatically renewed for an additional one (1) year term at the discretion of the COUNTY and CITY/TOWN, unless written notice of termination is provided by the terminating party prior to one hundred-fifty (15) days of the expiration date of the current term of the Agreement. CITY/TOWN agrees to deliver this agreement no later than September 5, 217 or the first Monday of September 217 in manner required by COUNTY to fully execute said collection services by COUNTY. 1 of FIXED LIEN PID INTERLOCAL AGREEMENT

67 II. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for CITY/TOWN to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 1. COUNTY, by and through its duly qualified tax assessor-collector, shall collect DISTRICT assessments for tax year 217. CITY/TOWN does hereby expressly authorize COUNTY and COUNTY agrees to do and perform for CITY/TOWN all acts necessary and proper to collect said DISTRICT assessments. COUNTY agrees to collect base assessments, penalties, interest, and attorney's fees. 2. COUNTY agrees to prepare and mail all assessment statements (included on the tax statement for each parcel, provide monthly collection reports to CITY/TOWN, maintain both current and delinquent assessment rolls, disburse assessment monies to CITY/TOWN daily (business day) based on prior day assessment postings, and to develop and maintain such other records and forms as are necessary or required by State law, rules or regulations. 3. If COUNTY determines, based on DISTRICT assessment roll, that a person erred in paying a DISTRICT assessment by making a duplicate payment or payment on the wrong account, COUNTY agrees to refund the payment to the person who erred in making it from current DISTRICT assessment collections. COUNTY agrees that such refund will be made as soon as practicable after COUNTY discovers the erroneous payment. The refund shall be accompanied by a description of the property subject to the assessment sufficient to identify the property. If the property is assigned an account number, COUNTY shall include that number. 4. If COUNTY determines, based on DISTRICT assessment roll, that there has been an overpayment of a DISTRICT assessment, COUNTY shall send the owner a refund application. Upon owner s return of the accurate and fully completed refund application, COUNTY will issue, from current DISTRICT assessment collections, a refund of the overpayment. 5. COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of the 2 of FIXED LIEN PID INTERLOCAL AGREEMENT

68 County Tax Office to CITY/TOWN, and to promptly furnish written reports to keep CITY/TOWN informed of all financial information affecting it. 6. CITY/TOWN agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the collection of assessments, and to cooperate in furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 7. COUNTY agrees to allow an audit of the assessment collection records of CITY/TOWN in COUNTY S possession during normal working hours with at least 48 hours advance, written notice to COUNTY. The expense of any and all such audits shall be paid by CITY/TOWN. A copy of any and all such audits shall be furnished to COUNTY. 8. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent assessment penalties will apply to all assessments which are not paid by January 31, COUNTY agrees that it will post to a secure website collection reports for CITY/TOWN listing current assessments, delinquent assessments, and penalties and interest on a daily basis through September 3, 218. COUNTY will provide monthly collection reports, monthly recap reports, and monthly attorney fee collection reports. 1. CITY/TOWN retains its right to select its own delinquent assessment/collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by CITY/TOWN in the collection of delinquent assessments and related activities. 11. CITY/TOWN will provide COUNTY with notice of any change in collection attorney on or before the effective date of the new collection attorney contract. 3 of FIXED LIEN PID INTERLOCAL AGREEMENT

69 III. COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the County Tax Office and to serve as Liaison for COUNTY with CITY/TOWN. The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and CITY/TOWN. IV. It is understood and agreed between COUNTY and CITY/TOWN that the CITY/TOWN, in performing its obligations hereunder, is acting independently, and the COUNTY assumes no responsibility or liabilities in connection therewith to third parties. It is further understood and agreed between COUNTY and CITY/TOWN that the COUNTY, in performing its obligations hereunder, is acting independently, and the CITY/TOWN assumes no responsibilities in connection therewith to third parties. Nothing in this AGREEMENT is intended to benefit any third party beneficiary. CITY/TOWN agrees that it will protect, defend, indemnify, and hold harmless COUNTY and all of its officers, agents, and employees from and against all claims, demands, causes of action, damages, judgments, losses and expenses, including attorney s fees, of whatsoever nature, character, or description that any person or entity has or may have arising from or on account of any injuries or damages received or sustained by person, persons, or property, on account of or arising out of, or in connection with the performance of the services, including without limiting the generality of the foregoing, any negligent act or omission of the CITY/TOWN or any employee, officer, agent, subcontractor, servant, invitee, or assignee of the CITY/TOWN in the execution or performance of this AGREEMENT. This provision shall survive the termination of this AGREEMENT. 4 of FIXED LIEN PID INTERLOCAL AGREEMENT

70 V. COUNTY accepts responsibility for the acts, negligence, and/or omissions of all COUNTY employees and agents, sub-contractors and /or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. VI. CITY/TOWN accepts responsibility for the acts, negligence, and/or omissions of all CITY/TOWN employees and agents, sub-contractors and/or contract laborers, and for those of all other persons doing work under a contract or agreement with CITY/TOWN to the extent allowed by law. VII. CITY/TOWN understands and agrees that CITY/TOWN, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of CITY/TOWN. VIII. For the services rendered during the 217 assessment year, CITY/TOWN agrees to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of assessment statements as follows: 1. The current assessment statements will be mailed by October 1, 217 or as soon thereafter as practical. If CITY/TOWN does not provide COUNTY with an assessment roll identifying the assessments levied by CITY/TOWN s governing body under Local Government Code Section on or before September 1, 217, COUNTY may charge a $5,. late processing fee, plus the per statement fee not to exceed $.82 each. The assessment roll is to be in the form of a spreadsheet as required by the Tax Assessor/Collector and delivered to the Tax Assessor/Collector; delivery may be by CD, or FTP. All assessments become due on receipt of the tax statement each year. Assessment roll is to be accompanied by the governing body resolution for the 217 assessment year. 5 of FIXED LIEN PID INTERLOCAL AGREEMENT

71 2. All unpaid assessments become delinquent on February 1st of the year following the assessment year. Penalty and interest fees accrue at the same rate and time schedule as the same year s ad valorem property tax. (Tax Code, Section 31.2(a), and 33.1(a)). 3. Delinquent assessment collection attorneys become involved at the same times as do the delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.3, 33.7, 33.8, 33.11, and 33.48) 4. An additional notice will be sent during the month of March following the initial mailing provided that CITY/TOWN has requested such a notice on or before February 28, 218. The fee for this service will be a rate not to exceed $ At least 3 days, but no more than 6 days, prior to April 1st, and following the initial mailing, a delinquent assessment statement meeting the requirements of Section of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent assessments. 6. At least 3 days, but no more than 6 days, prior to July 1st, and following the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.7 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent assessments. 7. For accounts which become delinquent on or after June 1st, COUNTY shall mail a delinquent tax statement meeting the requirements of Section 33.8 of the Texas Property Tax Code to the owner of each parcel having delinquent assessments. 8. In the event DISTRICT levies a supplemental assessment by order of its governing body after the assessment statements have already been mailed, CITY/TOWN shall provide COUNTY with an updated assessment roll identifying the assessments levied by DISTRICT S governing body under Local Government Code Section , as corrected by any supplemental assessments levied by its governing body under Section CITY/TOWN agrees COUNTY may charge a programming charge of $5,.. COUNTY will mail corrected statements to the owner of each affected parcel. County will charge a fee for preparing and mailing will be at rate not to exceed $.82 per corrected statement. Supplemental Assessment Roll will be accompanied by a resolution passed by the governing body authorizing the supplemental assessement(s). 6 of FIXED LIEN PID INTERLOCAL AGREEMENT

72 9. CITY/TOWN understands and agrees that COUNTY will, no later than January 31, 218 deduct from current collections of DISTRICT the Total Cost of providing all services described in paragraphs 1-7 above. This Total Cost includes any such services that have not yet been performed at the time of deduction. The Total Cost of providing all services described in paragraphs 1-7 above shall be the total of: $.82 x the total number of parcels on DISTRICT Assessment Roll as reported on September 3, 217 end of year assessment roll for assessment year 216. In the event costs for additional delayed tax statements, processing and mailing are incurred as described in paragraph 1, COUNTY shall bill CITY/TOWN for such amounts. CITY/TOWN shall pay COUNTY all billed amounts within 3 days of its receipt of said bill. CITY/TOWN further understands and agrees that COUNTY (at its sole discretion) may increase or decrease the amounts charged to CITY/TOWN for any renewal year of this Agreement, provided that COUNTY gives written notice to CITY/TOWN sixty (6) days prior to the expiration date of the initial term of the Agreement. The County Budget Office establishes collection rates annually based on a survey of actual annual costs incurred by the COUNTY in performing tax collection services. The collection rate for each year is approved by County Commissioners Court. All entities are assessed the same per parcel collection rate. IX. COUNTY agrees to remit all assessments, penalties, and interest collected on CITY/TOWN behalf and to deposit such funds into the CITY/TOWN depositories, as designated: 1. For deposits of assessments, penalties, and interest, payment shall be by wire transfer or ACH to CITY/TOWN depository accounts only. Only in the event of failure of electronic transfer protocol will a check for deposits of assessments, penalty and interest be sent by mail to CITY/TOWN. 7 of FIXED LIEN PID INTERLOCAL AGREEMENT

73 2. If CITY/TOWN uses the same depository as COUNTY, the deposits assessments, penalty and interest shall be by deposit transfer. 3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will be made daily through September 3, 218. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. 4. In event that COUNTY experiences shortage in collections as a result of an outstanding assessment debt of CITY/TOWN, the CITY/TOWN agrees a payment in the amount of shortage shall be made by check or ACH to COUNTY within 15 days after notification of such shortage. X. In the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the assessment year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement, during such period. XI. This Agreement represents the entire agreement between CITY/TOWN and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both CITY/TOWN and COUNTY or those authorized to sign on behalf of those governing bodies. XII. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 11 West Hickory Denton, Texas 7621 Telephone of FIXED LIEN PID INTERLOCAL AGREEMENT

74 CITY/TOWN: Address: City, State, Zip: Telephone: XIII. CITY/TOWN hereby designates to act on behalf of CITY/TOWN, and to serve as Liaison for CITY/TOWN to ensure the performance of all duties and obligations of CITY/TOWN as stated in this Agreement. CITY/TOWN designee shall devote sufficient time and attention to the execution of said duties on behalf of CITY/TOWN in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct supervision of the CITY/TOWN employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of CITY/TOWN and COUNTY. XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. Executed in duplicate originals this day of of FIXED LIEN PID INTERLOCAL AGREEMENT

75 COUNTY CITY/TOWN Denton County 11 West Hickory Address: Denton, Texas 7621 City, State, Zip: BY: Honorable Mary Horn Denton County Judge ATTEST: BY: Juli Luke Denton County Clerk APPROVED FORM AND CONTENT: Michelle French Denton County Tax Assessor/Collector BY: Name: Title: ATTEST: BY: Name Title APPROVED AS TO FORM: Name Denton County Assistant District Attorney 1 of FIXED LIEN PID INTERLOCAL AGREEMENT

76 To: From: Mayor and City Council Luke B. Olson, City Manager Re: City Council Meeting September 18, 217 Date: September 15, 217 Agenda Item: Consider and act upon a resolution authorizing the Texas Coalition For Affordable Power, Inc. (TCAP) to negotiate the necessary services agreement with Next Era for a fixed price per KwH that is lower than current contract rates. Description of Agenda Item: The City of Oak Point is a member of the Texas Coalition For Affordable Power, Inc. (TCAP), a nonprofit political subdivision corporation dedicated to securing electric power for more than 17 political subdivision members in the competitive retail market. TCAP has negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 22 resulting in savings for the City. The current contract for power with Next Era, arranged through TCAP expires December 31, 217 and the TCAP Board of Directors is currently considering a blend and extend contract with Next Era that is expected to reduce the prices under the current contract for the next three years and extend a fixed price for energy through December 31, 222. Assuming that the combination of savings over scheduled prices in the current contract and the perpetuation of those prices through 217 seem less risky than betting that natural gas prices will be lower in 218 than they are today and that the ERCOT reserve margins will remain higher than necessary into 222, the intent of the new blend and extend agreement is to capitalize on current savings, insure against price volatility, manage risk, and stabilize budgets. TCAP representatives have indicated that the projected cost for the five-year period would not exceed 3.95 cents per kwh. Approval of the resolution does not guarantee that the Next Era contract will be extended. The contract will be extended only if both Boards conclude that significant near-term savings and fixed prices will result. Approval of the resolution ensures the City s right to participate in the blend and extend agreement, if it is finalized, approved, and recommended by the TCAP Board. Agenda Item No. 13 Page 1 of 2

77 Budget Impact: The resolution should result in a reduction in electrical costs for future years. Legal Obligations and Review: The resolution was prepared by TCAP s legal counsel. Attached Documents: Resolution Board, Committee and/or Staff Recommendation: City staff recommends that the City Council approve the resolution authorizing the Texas Coalition For Affordable Power, Inc. (TCAP) to negotiate the necessary services agreement with Next Era for a fixed price not to exceed 3.95 cents per kwh which is lower than current contract rates. Alternatives: 1. Table the item and direct City staff to research any concerns. 2. Take no action. Agenda Item No. 13 Page 2 of 2

78 CITY OF OAK POINT RESOLUTION: R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, AUTHORIZING THE TEXAS COALITION FOR AFFORDABLE POWER, INC. (TCAP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR FIVE YEARS FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 218; AUTHORIZING TCAP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING TCAP or STAP or CAPP TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 218 AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 218 THROUGH 222 AND TO HONOR THE CITY S COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 218 THROUGH 222 THROUGH TCAP 1. WHEREAS, the City of Oak Point, Texas (City) is a member of Texas Coalition For Affordable Power, Inc. (TCAP), a non-profit, political subdivision corporation dedicated to securing electric power for its more than 17 members in the competitive retail market; and 2. WHEREAS, TCAP has unique rights under Texas law to negotiate directly in the wholesale market and arrange separate contracts for power supply and retail services which provides TCAP leverage to achieve contract provisions that single city negotiations with a Retail Electric Provider (REP) would be unlikely to produce; and 3. WHEREAS, TCAP s geographic diversity across all four ERCOT zones produces an aggregated peak load that is lower than the total of individual peak loads of the individual TCAP members, allowing price benefits in the wholesale market that are not likely to be available to any given TCAP member alone; and 4. WHEREAS, TCAP and its predecessor organizations, Cities Aggregation Power Project, Inc. (CAPP) and South Texas Aggregation Project, Inc. (STAP), negotiated favorable

79 contract terms that resulted in rebates from the wholesale supplier and reasonable commodity prices for delivered electricity since 22 resulting in stable budgets for electricity for members; and 5. WHEREAS, commodity prices for electricity experienced significant volatility between 22 and 29, with prices ranging from 4 cents to over 13 cents per kwh, causing CAPP and STAP members to welcome a five year contractual commitment that came close to cutting the 28 prices in half, with that contract being extended until December 31, 217, with a negotiated price reduction of about 1 cent per kwh; and 6. WHEREAS, TCAP has become a forceful voice for consumer protections and market reform to benefit the public and well as cities and other political subdivisions; and 7. WHEREAS, TCAP is owned by its members and distributes monetary and other resources according to relative load size of members and is controlled by a 15 member Board of Directors, all of whom must be city employees of members who represent diversity in size and geography; and 8. WHEREAS, wholesale power prices within the deregulated Texas market are largely determined by the NYMEX gas futures prices for natural gas which are currently low and relatively stable, but which change daily; and 9. WHEREAS, daily price changes require retail customers to execute a contract immediately upon receipt of a favorable offer; and 1. WHEREAS, pursuant to Texas Local Government Code Section (a)(15) expenditures for electricity are exempt from competitive bidding requirements; and 11. WHEREAS, on any given day, TCAP is able to capture a favorable wholesale price for any period of time, comparable to or better than any given REP or broker; and 2

80 12. WHEREAS, TCAP intends to continue to contract with its current wholesale supplier, NextEra, because the relationship with NextEra is such that NextEra is willing, after it knows the size of a given load, to execute a contract at or below prescribed price and terms; and 13. WHEREAS, the City desires to execute a contract for electricity for the period beyond the expiration of its current contract, that locks-in favorable wholesale prices; and 14. WHEREAS, City desires to participate in this opportunity to contract for power for five years at a current competitive market price, but in no circumstances in excess of 3.95 cents per kwh; and 15. WHEREAS, wholesale suppliers demand assurance that TCAP will pay for all contracted load; and 16. WHEREAS, the City needs to assure TCAP that it will sign a Commercial Electric Supply Agreement (CESA) reflecting the contract extension and budget for energy purchases and honor its commitment to purchase power for its electrical needs for 218 through 222 through TCAP, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: Section 1: That the TCAP Board of Directors and its consultants and advisors are agents authorized to negotiate for the City s electricity needs as a member of TCAP for the period of five years at a price not to exceed 3.95 cents per kwh; Section 2: The City prefers to participate in a full-requirements, fixed-price supply option; Section 3: Assuming this resolution is passed and NextEra is able to provide TCAP an opportunity prior to December 31, 217 to contract for power to be delivered at a current competitive market price but in no circumstances in excess of 3.95 cents per kwh, any one of the following individuals is hereby authorized to sign an electric supply agreement for the City within 24 hours of receipt of a contract that has been approved and recommended by the 3

81 TCAP Board of Directors: or or. Section 4: That the City will commit to purchase power to meet all of its electricity needs eligible for competition pursuant to the TCAP approved supply agreement and approve funds necessary to pay electricity costs proportionate to the City s load under the supply agreement (whether wholesale or retail) arranged by TCAP and signed by TCAP s Executive Director or President or other TCAP representatives authorized by the TCAP Board. Section 5: That a copy of this resolution shall be sent to Jay Doegey, Executive Director, TCAP, Dallas Parkway, Suite 6, Addison, Texas 751 and Geoffrey M. Gay, legal counsel to TCAP at 816 Congress Avenue, Suite 19, Austin, Texas PRESENTED AND PASSED on this the 18th day of September, 217, by a vote of ayes and nays at a regular meeting of the City Council of Oak Point, Texas. Keith Palmer, Mayor ATTEST: Amy Bockes, City Secretary 4

82 To: From: Mayor and City Council Luke Olson, City Manager Re: City Council Meeting September 18, 217 Date: September 15, 217 Agenda Item: Consider and act upon a resolution authorizing the City Manager to execute an automatic renewal of the contract with Allied Waste Systems, Inc. DBA Republic Services to provide refuse and recycling collection services within the City of Oak Point. Description of Agenda Item: On October 7, 22, the City of Oak Point granted a franchise to Allied Waste Services (formerly Trinity Waste Services) to provide refuse and recycling collection services within the City of Oak Point. The City of Oak Point has twice extended the franchise agreement with Allied Waste for additional three-year terms (in June 25 and May 28). With the contract scheduled to expire on October 1, 217, the City can automatically extend the franchise agreement for another three-year period or a five-year period. To assist the City Council in determining rates, City staff compiled the following list of trash and recycling rates by reviewing the websites of several area cities. Monthly Rates for Residential Trash and Recycling Collection* City Standard Rate Senior Citizen Rate Additional Cart Total of Standard Rate + Addl Cart Carrollton $2. -- $7.69 $27.69 Denton $ $19.75 $47.63 Frisco $11.5 $9.5 $8.5 $2. Krugerville $ Little Elm $ $6.59 $23.37 The Colony $ $8.22 $24.82 Oak Point (current) $15.5 $13. $6. $21.5 Oak Point (proposed) $16.67 $15.9 $8.5 $24.72 *Collection frequency varies from city to city / Rates do not include sales tax **Includes variable fuel surcharge Agenda Item No. 14 Page 1 of 2

83 Allied Waste wishes to continue providing its services to Oak Point. However, they are proposing to increase their rates from $15.5 to $16.67 per customer per month. Even with this increase, the proposed rates generally remain competitive with the rates charged by other cities. It should also be noted that the proposed increase for the senior citizen rate ($13. to $15.9) is more significant than the increase associated with the standard rate; however while researching other cities there was only one other city that offered a senior citizen rate (Frisco). Besides comparing Allied Waste s rates to the trash and recycling rates of other cities, City staff believes that the level of service provided by Allied Waste should also be evaluated. City staff has received complaints regarding the service provided by Allied Waste. Allied Waste has been quick to respond to customer concerns that have been brought to the attention of City staff and quick to respond to any service requests or inquiries by City staff. The City Council may also wish to consider some of the staffing problems currently being experienced by other solid waste collection companies. Because the rate proposed by Allied Waste remains competitive with the rates of other area cities and Allied Waste has been very responsive to services requests or inquiries, City staff recommends that the City Council exercise the option to extend the franchise for an additional three-year term. Budget Impact: Per the contract with Allied Waste, the City receives a franchise fee of 15% of all amounts received by Allied for refuse and recycling collection services provided in Oak Point. Legal Obligations and Review: As noted above, the terms of both the current and proposed contract allow Allied Waste to request rate adjustments no more than once every 12 months to reflect changes in the cost of operations (see Section 14.2 of the contract). Attached Documents: Resolution with Contract for Refuse and Recycling Collection. Board, Committee and/or Staff Recommendation: City staff recommends that the City Council authorize the requested rate increase by approving the resolution authorizing the City Manager to execute a contract extension with Allied Waste Systems, Inc. to continue providing refuse and recycling collection services within the City of Oak Point. Agenda Item No. 14 Page 2 of 2

84 CITY OF OAK POINT, TEXAS RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF OAK POINT, TEXAS, TO EXECUTE A CONTRACT WITH ALLIED WASTE SYSTEMS, INC. DBA REPUBLIC SERVICES TO PROVIDE REFUSE AND RECYCLING COLLECTION SERVICES WITHIN THE CITY OF OAK POINT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: The City Manager of the City of Oak Point, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Oak Point, Texas, a contract, attached hereto, with Allied Waste Systems, Inc. DBA Republic Services, to provide refuse and recycling collection services within the City of Oak Point. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 18TH DAY OF SEPTEMBER, 217. ATTEST: Keith Palmer, Mayor Amy Bockes, City Secretary

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89 To: From: Mayor and City Council Grant Savage, Finance Manager Re: City Council Meeting September 18, 217 Date: September 15, 217 Agenda Item: Discuss and act upon an ordinance adopting the City of Oak Point 217 property tax rate. Description of Agenda Item: The Denton County Tax Office provides tax assessment and collection services to the City and has calculated the City s effective and rollback tax rates as $ per $1 of property valuation and $ per $1 of valuation, respectively. The effective tax rate is a calculated rate that would provide the taxing unit with about the same amount of revenue it received in the year before on properties taxed in both years. If property values rise, the effective tax rate will go down and vice versa. The rollback rate is a calculated maximum rate allowed by law without voter approval. The rollback rate provides the taxing unit with about the same amount of tax revenue it spent the previous year for day-to-day operations, plus an extra eight (8) percent increase for those operations, in addition to sufficient funds to pay debt in the coming year. If a unit adopts a tax rate higher than the rollback rate, voters can circulate a petition calling for an election to limit the amount of the tax increase. The proposed FY budget is based on a combined tax rate of $.54 per $1 of taxable assessed value, a decrease of $.23 from last year. The combined tax rate consists of an interest and sinking (I&S) rate of $ and a maintenance and operations (M&O) rate of $ The combined tax rate is less than rollback rate, but more than the effective rate. Because the tax rate exceeds the effective rate, the City was required to hold two public hearings on the tax rate. The hearings were held on Monday, August 21 and Tuesday, August 29. The attached ordinance will adopt the proposed tax rate. Budget Impact: The proposed tax rate is necessary to support the proposed FY budget and the associated maintenance, operation, and debt obligations of the City.

90 Legal Obligations and Review: Chapter 26 of the State s Tax Code requires the City Council to hold two public hearings on the proposed tax rate if the tax rate exceeds the effective or rollback rate. Because the tax rate exceeds the effective rate, the City was required to hold two public hearings on the tax rate. The hearings were held on Monday, August 21 and Tuesday, August 29. Section 26.5(b) of the Texas Tax Code requires the vote on the ordinance setting a tax rate that exceeds the effective tax rate to be a record vote and the associated motion to adopt the ordinance must also be in accordance with the form specified within the Tax Code. Because the ordinance will set a tax rate that will impose an amount of taxes to fund maintenance and operation expenditures that exceeds the amount of taxes in the preceding year, Section 26.5 of the Tax Code requires the ordinance to include the following statement: "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE." in type larger than the type used in any other portion of the document. Because the tax rate also exceeds the effective maintenance and operations rate, the ordinance also contains the following statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY 4.1% PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $1, HOME BY APPROXIMATELY $ " Upon the approval of the ordinance, Section 26.5 of the Tax Code also requires that the following statements be added to the home page of the City s website: THE CITY OF OAK POINT ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; and THE TAX RATE WILL EFFECTIVELY BE RAISED BY 4.1% PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $1, HOME BY APPROXIMATELY $ Attached Documents: Proposed ordinance Board, Committee and/or Staff Recommendation: City staff recommends that the City Council take action to adopt the 217 property tax rate using the following motion with a record vote: "I move that the property tax rate be increased by the adoption of a tax rate of $.54 per $1 of assessed value on all taxable property, which is effectively a 4.1% percent increase in the tax rate." City staff also recommends that the City Council motion and vote to approve the ordinance adopting the City of Oak Point 217 property tax rate.

91 CITY OF OAK POINT, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, LEVYING TAXES FOR THE 217 TAX YEAR AT THE RATE OF $.54 PER ONE HUNDRED DOLLARS ($1.) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF OAK POINT, TEXAS; PROVIDING FOR A DATE ON WHICH SUCH TAXES BECOME DUE AND DELINQUENT TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Oak Point, Texas (hereinafter referred to as the City ) hereby finds that the tax for the fiscal year beginning October 1, 217, and ending September 3, 218, hereinafter levied for current expenditures of the City and the general improvements of the City and its property must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the City Council has approved, by a separate ordinance to be adopted on the 18th day of September, 217, the budget for the fiscal year beginning October 1, 217, and ending September 3, 218; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been complied with. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Tax Levied. There is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 217, and ending September 3, 218 and for each fiscal year thereafter until it be otherwise provided by and ordained on all taxable property, real, personal and mixed, situated within the corporate limits of the City of Oak Point, Texas, and not exempt from taxation by the Constitution of the State and valid State laws, an ad valorem tax for the general operations of the City at a rate of $.54 on each One Hundred Dollars ($1.) assessed value of taxable property, and shall be apportioned and distributed as follows: a. For the purpose of defraying the current expenses (maintenance and operations) of the municipal government of the City, a tax of $ on each One Hundred Dollars ($1.) assessed value of all taxable property. Page 1 of 3

92 b. For the purpose of creating an interest and sinking fund to pay the interest and principal on all outstanding debt, capital lease payments, and related fees of the City, not otherwise provided for, a tax of $ on each One Hundred Dollars ($1.) assessed value of all taxable property, within the City which shall be applied to the payment of such interest and maturities of all outstanding debt. c. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. d. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 4.1% PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $1, HOME BY APPROXIMATELY $ Total tax rate of $.54 is based on one hundred percent (1%) market value on each One Hundred Dollars ($1.) of all taxable property within said City. SECTION 3: Due Date of Taxes. The taxes assessed and levied hereby are payable anytime after the approval and publication of this Ordinance and not later than January 31 st of the year following the year in which the taxes are assessed. Penalties and interest shall accrue as provided by law. However, if the entire taxes due as provided herein are paid in full by January 31 st of the year following the year in which the taxes are assessed, no penalty or interest shall be due. SECTION 4: Penalties and Interest. A delinquent tax shall incur the maximum penalty and interest authorized by law. SECTION 5: Place of Payment/Collection. Taxes are payable at the office of the Denton County Tax Assessor/Collector. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this Ordinance. SECTION 6: Tax Roll. The tax roll, as presented to the City Council, together with any supplement thereto, is hereby accepted. SECTION 7: Rollback Taxes. All rollback taxes collected during the 217 fiscal year shall be deposited only in the General Fund of the City of Oak Point, Texas and said funds shall not be allocated, in whole or in part, to the Debt Service fund of the City. SECTION 8: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. Page 2 of 3

93 SECTION 9: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. City hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 1: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, ON THIS 18th DAY OF SEPTEMBER, 217. ATTEST: Keith Palmer, Mayor Amy Bockes, City Secretary Page 3 of 3

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