AGENDA BARTONVILLE TOWN COUNCIL REGULAR MEETING FEBRUARY 21, 2017 BARTONVILLE TOWN HALL, 1941 E. JETER, BARTONVILLE, TX :30 PM

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1 TC Agenda Pkt Page 1 AGENDA BARTONVILLE TOWN COUNCIL REGULAR MEETING FEBRUARY 21, 2017 BARTONVILLE TOWN HALL, 1941 E. JETER, BARTONVILLE, TX A. CALL MEETING TO ORDER 6:30 PM B. CLOSED SESSION The Town Council to convene into a closed meeting pursuant to Texas Government Code Chapter 551, sections , , and to discuss matters relating to consultation with Town Attorney, real property, and personnel as follows: a. Deliberate the purchase, exchange, lease, or value of real property, to wit: 96 McMakin Road. b. Deliberate and consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officers or employees; to wit: Town Secretary; and Chief of Police. C. RECONVENE OPEN MEETING The Town Council to reconvene into an open meeting and consider action, if any, on items discussed in closed session. D. PLEDGE OF ALLEGIANCE E. INTRODUCTION OF TOWN ADMINISTRATOR F. PRESENTATIONS Fiscal Year Audit presentation - William C. Spore, P.C., Certified Public Accountant G. PUBLIC PARTICIPATION/CITIZEN APPEARANCES Please fill out a "Citizen Participation" form in order to address the Council and turn the form in to the Town Secretary. Individual speaker s time shall be limited to three (3) minutes each and may be extended by an additional (3) minutes with the approval of a majority of the Councilmembers present. A 20-minute time allotment is set for this section. The purpose of this item is to allow the public an opportunity to address the Town Council on issues that are not the subject of a public hearing. Any item requiring a public hearing will allow the public to speak at the time that item appears on this agenda as indicated as a "Public Hearing." Issues regarding daily operational or administrative matters should first be dealt with at the administrative level by calling Town Hall at during business hours. In accordance with the Texas Open Meetings Act the Town Council is restricted in discussing or taking action on items not posted on the agenda. For this reason, action on your statement or inquiry by Council or a Town representative is limited to: a statement of specific factual information given in response to the inquiry; or a recitation of existing policy in response to the inquiry; or proposal to place the subject on the agenda for a subsequent

2 Town Council Meeting Agenda February 21, 2017 Page 2 TC Agenda Pkt Page 2 H. APPOINTED REPRESENTATIVE/LIAISON REPORTS 1. Argyle Fire District 2. Planning and Zoning Commission 3. Community Development Corporation 4. Police Chief Report - Department Statistics/Activities for January 2017/Annual Report 5. Town Administrator a. Monthly Reports: Financial Statement-January 2017; Animal Services Report; Engineering Report; Historical Marker Dedication 6. Town Secretary - May 6, 2017, General Election; Spring Clean Up I. CONSENT AGENDA This agenda consists of non-controversial or housekeeping items required by law. Items may be approved with a single motion. Items may be removed from the Consent Agenda by any Councilmember by making such request prior to a motion and vote on the Consent Agenda. 1. Consider approval of the December 13, 2016, meeting minutes. 2. Consider approval of the January 10, 2017, special meeting minutes. 3. Consider approval of the January 17, 2017, meeting minutes. 4. Consider approval of the January 24, 2017, special meeting minutes. 5. Consider approval to accept the Fiscal Year Audit as prepared and presented by William C. Spore, P.C., Certified Public Accountant. J. REGULAR ITEMS 6. Discuss and consider acceptance of the 2016 Racial Profiling Report. 7. Discussion on the Animal Services Contract including the type of microchip scanner used; and provide direction to staff. 8. Discuss and consider authorizing staff to solicit proposals for depository banking services for the Town of Bartonville. 9. Approve ratification of Change Order No. 14 and Payment Request #2 from Texas Benchmark in the amount of $43, for the Town Hall Remodel Project. 10. Consider approval of a contractor services agreement with Brad Hodges for Gas Well Inspection Services through September 30, K. FUTURE AGENDA ITEMS AND REQUESTS BY COUNCILMEMBERS FOR ITEMS TO BE ON NEXT AGENDA

3 Town Council Meeting Agenda February 21, 2017 Page 3 TC Agenda Pkt Page 3 L. ADJOURNMENT I do hereby certify that the Notice of Meeting was posted on the bulletin board at Town Hall of the Town of Bartonville, Texas, a place convenient and readily accessible to the public at all times and said Notice was posted on the following date and time: February 17, 2017, at 1:30 p.m., at least 72 hours prior to the time of said meeting. Tammy Dixon, TRMC, CMC, Town Secretary The City Council reserves the right to adjourn into a closed meeting or executive session as authorized by Texas Government Code, Sections , et seq. (the Texas Open Meetings Act) on any item on its open meeting agenda in accordance with the Texas Open Meetings Act, including, without limitation Sections of the Texas Open Meetings Act. Any final action, decision, or vote on a matter deliberated in a closed meeting will only be taken in an open meeting that is held in compliance with Texas Government Code, Chapter 551.

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5 TC Agenda Pkt Page 5 ACTIVITY LOG: JANUARY 2017 ANIMAL SERVICES FOR TOWN OF BARTONVILLE CALL OUT by RESIDENT: hrs Glenview St: Stray cat in owned trap for removal; cat taken to shelter CALL OUT by RESIDENT: hrs. 149 Green Oaks: set live trap for stray cat; this cat had bit the resident severely two days ago; cat has been hanging around often for past 3 months getting into cat fights with resident s own cat; cat described as large orange tabby, short haired CALL OUT by RESIDENT: hrs. 149 Green Oaks: bite cat is in trap for pick up; cat wearing no collar and acts very aggressive; took cat to shelter for quarantine by state law; cat will be held until Jan. 17 th to complete 10 day period from date of bite CALL OUT by SHERRIFF S DEPT: hrs. 330 Porter Rd: property under eviction: requested to removed 3 dogs from property; took dogs to shelter; owner of dogs gave owner surrender on the dogs. Brasher Estates: report of 2 hound type dogs at large; upon patrol of area, nothing found NOTE: stray cat from BITE case on Green Oaks has passed quarantine period; cat still semi-feral and will not allow contact; notified victim who has not heard of anyone in the area missing the cat; sedated the cat and scanned for micro-chip; no chip found; cat not adoptable due to it s aggression CALL OUT by RESIDENT: hrs. 329 Seals Rd: stray dog found in Brasher Estates a few days ago; took out chip reader to scan dog for chip; no micro-chip found; resident desires to keep the dog and find a new home for it CALL OUT by RESIDENT: hrs W. Jeter Rd: sickly raccoon walking fence line; police officer on scene; animal was dispatched by land owner; unknown what animal was sick with. CALL OUT by TOWN HALL: hrs Timber Ridge: received complaint of aggressive dog out loose this morning; made contact with dog s owner and gave verbal WARNING to keep dog confined.

6 TC Agenda Pkt Page 6 CALL TOTALS: ANIMAL CONTROL TOWN OF BARTONVILLE JANUARY, 2017 # of Call Outs 8 TOTAL Wk Hrs 4 Animal Impnds 5 Claim by Owner Adoptions 3 Warnings 1 Written Notice Citations Trap Calls Investigations 3 Cruelty Calls Dead Animals Dogs at Large 2 Bite Cases 1 Injured Animals 1 Loose Livestock Wildlife Calls 1 Contacted By: TOWN HALL 1 RESIDENTS 5 SELF POLICE 1

7 BARTONVILLE POLICE DEPARTMENT Monthly Activity Report Summary JANUARY 2017 CALLS FOR SERVICE/SELF INITIATED ACTIVITIES ALCOHOL VIOLATIONS TC Agenda Pkt Page 7 AGENCY ASSIST 18 DWI 0 BUILDING CHECK 9 DUI-MINOR 0 CARJACKING 1 PUBLIC INTOXICATION 0 CHEST PAIN 1 MINOR IN POSSESSION 0 CIVIL SERVICE 1 MINOR IN CONSUMPTION 0 CLOSE PATROL 38 OTHER 0 CONVULSIONS/SEIZURES 1 DRUG RELATED CRIMINAL TRESPASS 2 DISTURBANCE 2 FALL 1 GRASS FIRE 1 ILLEGAL BURN 1 POSSESSION OF DRUGS POSSESSION OF DRUG PARAPHERNALIA MANU/DELIVERY OF DRUGS TOTAL ALCOHOL/DRUG RELATED ACTIVITIES STRUCTURE FIRE 1 2 VEHICLE FIRE 1 TRAFFIC STOPS FIREWORKS COMPLAINT 1 FOLLOW UP INVESTIGATION TOTAL TRAFFIC STOPS 6 CITATIONS 41 FORGERY/FRAUD 4 WARNINGS 20 FOUND PROPERTY 1 TOTAL CALLS FOR SERVICE SHOTS FIRED 1 61 INTOXICATED PERSON 1 TOTAL SELF-INITATED ACTIVITES MEET COMPLAINANT ORDINANCE VIOLATION 1 ARRESTS RECKLESS DRIVER 2 MISDEMEANOR 4 SUSPICIOUS PERSON/VEHICLE 8 FELONY 0 TRAFFIC 90 TOTAL ARRESTS 4 TRAFFIC COMPLAINT 1 TOTAL ACTIVITIES (CFS/SELF-INIT) FAINTING VACATION WATCH 10 VEHICLE UNLOCK 2 WALK THRU 18 WELFARE CONCERN 3 TRAFFIC ACCIDENT 6 ALARM

8 TC Agenda Pkt Page 8 ALARM/HOLD-UP 1 ANIMAL COMPLAINT 3 ANIMAL CRUELTY 1

9 BARTONVILLE POLICE DEPARTMENT Annual Activity Report Summary 2016 CALLS FOR SERVICE/SELF INITIATED ACTIVITIES ALCOHOL VIOLATIONS TC Agenda Pkt Page 9 ABANDONDED VEHICLE 2 DWI 1 ADMIN DUTY 13 DUI-MINOR 0 AGENCY ASSIST 181 ASSAULT 1 ASSAULT/SEX ASSAULT BREATHING PROBLEMS 1 PUBLIC INTOXICATION MINOR IN POSSESSION MINOR IN CONSUMPTION 2 OTHER 0 BURGLARY 5 DRUG RELATED BUILDING CHECK 58 CARBON MONOXIDE OR HAZMAT CARDIAC OR RESP ARREST CHEST PAIN 1 CHILD CUSTODY POSSESSION OF DRUGS POSSESSION OF DRUG PARAPHERNALIA MANU/DELIVERY OF DRUGS TOTAL ALCOHOL/DRUG RELATED ACTIVITIES CIVIL SERVICE 3 10 CLOSE PATROL/VACATION WATCH CONVULSIONS TRAFFIC STOPS TOTAL TRAFFIC STOPS CPS REFERRAL 1 CITATIONS 694 CRIMINAL MISCHIEF WARNINGS 757 CRIMNAL TRESPASS 5 TOTAL CALLS FOR SERVICE DIABERTIC PROBLEMS (+10% from 2015) DISTURBANCE 13 TOTAL SELF-INITATED ACTIVITES DOMESTIC DISTURBANCE (+14% from 2015) ENTRAPMENT 1 ARRESTS COURTESY ESCORT 1 MISDEMEANOR 11 INJURIES 1 FELONY 0 FALLS 8 TOTAL ARRESTS 11 FIRE/HAY 1 TOTAL ACTIVITIES (CFS/SELF-INIT) ILLEGAL BURN (+13% from 2015) STRUCTURE FIRE 2 UNKNOWN FAIRE 4 VEHICLE FIRE 1

10 TC Agenda Pkt Page 10 FIREWORK COMP FOLLOW UP 60 FORGERY 8 FOUND PROPERTY 6 SHOTS FIRED HANG UP 16 HARRASSMENT 3 LECERATIONS 1 ILLEGAL DUMPING 2 INTOXICATED PERSON 5 JUVENILE COMPLAINT 2 LOOSE LIVESTOCK 10 MASS CASUALTY INCIDENT 1 MEDICAL EMERGENCY 1 MEET COMPLAINANT 22 MISSING PERSON 3 MOTORIST ASSIST 40 NOISE COMPLAINT 21 OPEN DOOR 3 ORDINANCE VIOLATION 17 SUICIDE ATTEMPT 1 RECKLESS DRIVER 7 SICK PERSON 6 SPECIAL PATROL 1 STAB/GUNSHOT 1 SUSPICIOUS PERSON 74 THEFT 24 TRAFFIC 1362 TRAFFIC COMPLAINT 38 TRAUMATIC INJURIES 2 FAINTING 2 VEHICLE COMPLAINT 12 VEHICLE UNLOCK 3 WALK THRU 160 WELFARE CONCERN 16 MOTOR VEHICLE ACCIDENT 43 ALARM 69 ANIMAL BITE/COMPLAINT 23 2

11 TC Agenda Pkt Page 11 Town of Bartonville Monthly Financial Report (period ending Jan. 2017) -Property Tax Income has increased 37% from year-to-year -Sales Tax is up 21% from year-to-year Year-to-Date Budget Report The Year-to Date Budget Report compares the budgeted expenditures and revenues to actual expenditures and revenues.

12 TC Agenda Pkt Page 12 Town of Bartonville Monthly Financial Report (period ending Jan. 2017) -Property Tax Income has increased 37% from year-to-year -Sales Tax is up 21% from year-to-year Revenue Reports The Revenue Reports provide an analysis of the major revenue sources for the General Fund. They contain the current year and 4 years of historical information.

13 TC Agenda Pkt Page 13 Property Tax Revenue General Fund FY Month FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 YTD Difference Variance Received Received Received Received Received Received to FY 2016 to FY 2016 October $9,436 $12,707 $13,522 $958 $4,107 $3, % November 23,170 20,865 28,428 34,117 20,525 (13,592) 39.8% December 179, , , , ,955 (25,170) 11.9% January 175, , , , ,493 68, % February 63,438 65,575 58, ,179 (102,179) 100.0% March 5,691 12,269 12,830 11,131 (11,131) 100.0% April 4,657 2,365 3,726 4,689 (4,689) 100.0% May 7,977 4,569 2,139 5,743 (5,743) 100.0% June 2,008 3, ,099 (1,099) 100.0% July 1,393 2,572 1,660 3,109 (3,109) 100.0% August ,570 2,471 (2,471) 100.0% September ,347 3,931 (3,931) 100.0% Total $473,396 $479,418 $511,413 $565,331 $464,080 ($101,251) 18.1% Property Tax Revenue by Year $0.6 Millions $0.5 $0.4 $0.3 $0.2 $0.1 $0.0 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 YTD $0.3 Property Tax Revenue by Month FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 $0.3 Millions $0.2 $0.2 $0.1 $0.1 $0.0 $4,10720,525186,955252,493 Unaudited

14 TC Agenda Pkt Page 14 Sales Tax Revenue General Fund FY Month FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 YTD Difference Variance Received Received Received Received Received Received to FY 2016 to FY 2016 October $9,601 $8,421 $10,504 $13,053 $18,108 $5, % November 10,648 10,596 12,775 43,778 52,644 8, % December 8,689 10,640 13,289 14,355 16,627 2, % January 8,114 9,017 13,772 13,318 16,167 2, % February 10,075 12,992 15,800 48,335 (48,335) 100.0% March 7,927 8,188 10,750 13,726 (13,726) 100.0% April 6,956 7,755 20,505 18,240 (18,240) 100.0% May 10,561 11,093 35,724 43,285 (43,285) 100.0% June 9,006 9,466 17,356 15,784 (15,784) 100.0% July 8,576 9,517 43,420 18,667 (18,667) 100.0% August 10,941 11,581 20,459 43,510 (43,510) 100.0% September 7,290 9,668 12,340 16,585 (16,585) 100.0% Total $108,384 $118,934 $226,694 $302,636 $103,546 ($199,090) 82.1% Special Note: The latest entry for the current fiscal year is listed in the month the tax was collected by the merchant. This amount is not received by the Town until two months later. By tracking information in this manner, the report and analysis will match the Town's Fiscal Year. Sales Tax Revenue by Year Thousands $350.0 $300.0 $250.0 $200.0 $150.0 $100.0 $50.0 $0.0 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 YTD Thousands $64.0 $54.0 $44.0 $34.0 $24.0 $14.0 Sales Tax Revenue by Month FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 $4.0 $18,10852,64416,62716,167 Unaudited

15 TC Agenda Pkt Page 15 Month FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 YTD Difference Variance Received Received Received Received Received Received to FY 2016 to FY 2016 October $32,629 $35,386 $37,200 $36,925 $33,503 ($3,422) 9.3% November 11,218 11,215 9,814 10,447 8,946 (1,501) 14.4% December , ,061 1,061 January 21,665 24,997 27,407 25,685 24,339 (1,346) 5.2% February 12,660 16,240 12,298 10,417 (10,417) 100.0% March 8,157 8,806 14,859 5,534 (5,534) 100.0% April 25,402 33,582 29,957 30,147 (30,147) 100.0% May 11,321 9,719 9,560 10,480 (10,480) 100.0% June 877 1,527 1,182 1,128 (1,128) 100.0% July 21,762 24,376 23,494 18,814 (18,814) 100.0% August 9,701 10,024 10,272 11,365 (11,365) 100.0% September 3,730 1,687 1,954 1,136 (1,136) 100.0% Total $159,982 $178,463 $180,659 $162,078 $67,849 ($94,229) 63.0% Special Note: Franchise Fees are typically received on a quarterly basis. Franchise Fee Revenue General Fund FY Franchise Fee Revenue by Year $200.0 Thousands $150.0 $100.0 $50.0 $0.0 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 YTD Thousands $50.0 $40.0 $30.0 $20.0 $10.0 $0.0 ($10.0) ($20.0) ($30.0) ($40.0) Franchise Fee Revenue by Month FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Unaudited

16 Licenses & Permits Revenue General Fund FY TC Agenda Pkt Page 16 Month FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 YTD Difference Variance Received Received Received Received Received Received to FY 2016 to FY 2016 October $5,903 $1,580 $7,071 $13,765 $18,458 $4, % November 2,940 6,329 4,750 8,254 64,302 56, % December 12,266 2,375 11,859 15,449 11,950 (3,499) 22.6% January 15,202 7,254 2,557 5,649 5, % February 6,521 9,345 1,050 6,889 (6,889) 100.0% March 4,609 7,174 1,200 20,626 (20,626) 100.0% April 7,596 11,950 9,899 24,034 (24,034) 100.0% May 8,934 9,955 9,937 11,032 (11,032) 100.0% June 5,050 2,210 1,090 15,141 (15,141) 100.0% July 9,567 2,130 13,186 7,678 (7,678) 100.0% August 1,680 6,101 10,920 6,401 (6,401) 100.0% September 3,141 1,656 8,883 6,524 (6,524) 100.0% Total $83,409 $68,059 $82,402 $141,442 $100,654 ($40,788) 31.7% Licenses & Permits Revenue by Year $150.0 Thousands $100.0 $50.0 $0.0 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 YTD Thousands $70.0 $60.0 $50.0 $40.0 $30.0 $20.0 $10.0 $0.0 Licenses & Permits Revenue by Month FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Unaudited

17 Fines & Forfeitures Revenue General Fund FY TC Agenda Pkt Page 17 Month FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 YTD Difference Variance Received Received Received Received Received Received to FY 2016 to FY 2016 October $4,523 $6,455 $1,820 $3,695 $3,270 ($425) 11.5% November 2,731 4,287 1,681 3,674 4,851 1, % December 4,617 3,023 3,738 4,294 2,748 (1,546) 36.0% January 3,310 4,605 4,905 3,378 2,998 (380) 11.3% February 4,339 6,169 4,778 6,109 (6,109) 100.0% March 4,431 4,623 4,325 8,049 (8,049) 100.0% April 3,694 5,453 3,679 7,167 (7,167) 100.0% May 5,688 3,051 3,113 7,940 (7,940) 100.0% June 7,597 5,054 4,399 4,517 (4,517) 100.0% July 8,791 1,843 7,790 7,394 (7,394) 100.0% August 7,895 2,162 6,514 5,768 (5,768) 100.0% September 12,052 3,280 5,389 5,019 (5,019) 100.0% Total $69,668 $50,005 $52,131 $67,004 $13,867 ($53,137) 94.5% Fines & Forfeitures Revenue by Year Thousands $70.0 $60.0 $50.0 $40.0 $30.0 $20.0 $10.0 $0.0 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 YTD Thousands $14.0 $12.0 $10.0 $8.0 $6.0 $4.0 $2.0 $0.0 Fines & Forfeitures Revenue by Month FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Unaudited

18 2:02 PM Town of Bartonville 02/16/17 Balance Sheet Accrual Basis As of January 31, 2017 TC Agenda Pkt Page 18 Jan 31, 17 ASSETS Current Assets Checking/Savings Economic Development Tax Gra , General Operating 392, Reserve Fund 283, Street Maintenance/Const 324, Vehicle and Equiptment Fund 5, Capital Improvement Fund 205, Interest & Sinking 6, Wastewater Operating 10, Town Hall Petty Cash Municipal Court Cash Box Total Checking/Savings 1,336, Other Current Assets Recievable Overpayment Sev. 5, PD CoServ Grant - Restricted Accounts Receivable 59, Taxes Receivable 7, Total Other Current Assets 72, Total Current Assets 1,408, Fixed Assets Police Equipment 294, Accumulated Depreciation Public Works 4,476, Building 369, Computer & Office Equipment 25, Land 510, Page 1

19 2:02 PM Town of Bartonville 02/16/17 Balance Sheet Accrual Basis As of January 31, 2017 TC Agenda Pkt Page 19 Jan 31, 17 Total Fixed Assets 2,550, TOTAL ASSETS 3,959, LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable *Accounts Payable 15, Total Accounts Payable 15, Other Current Liabilities Payable to ED Tax Grants 144, PD - Restricted Donations 1, TML PD/Veh Ins Claim Proceeds 7, P D - Restricted Donations 1, Direct Deposit Liabilities Accounts Payable 14, Accrued Wages FICA Payable FIT Payable 3.00 TWC Payable TMRS Payable Dependent Insurance Payable Muncipal Court Technology Fu... 4, Court House Bldg Security Fund 4, Municipal Court Bonds Payable Payable to Eco Development C... -2, State Traffic Fees Payable 21, Child Safety Fund 9, Unearned Revenues 7, Page 2

20 2:02 PM Town of Bartonville 02/16/17 Balance Sheet Accrual Basis As of January 31, 2017 TC Agenda Pkt Page 20 Jan 31, 17 Total Other Current Liabilities 215, Total Current Liabilities 230, Long Term Liabilities Capital Lease Police Car 30, Accrued Interest Accrued Vacation/Comp Time 26, LT Debt-Amt to be provided -80, Capital Lease #2 Payable 21, Total Long Term Liabilities 0.00 Total Liabilities 230, Equity Investment in Gen. Fixed Assets 2,550, Fund Balance-Unreserved 346, Fund Balance - Reserved for Str 417, Net Income 414, Total Equity 3,728, TOTAL LIABILITIES & EQUITY 3,959, Page 3

21 2:00 PM Town of Bartonville 02/16/17 Monthly Profit & Loss General Operating Accrual Basis January 2017 TC Agenda Pkt Page 21 Jan 17 Ordinary Income/Expense Income Other Income Adm Service/Misc Misc/Sale of Surplus FM ILA - Transfer to Street 150, Interest Income Municipal Court Fines/Fees 2, Total Other Income 153, Permits Red Tag Fees Mobile/Utility/Other Permits Health/Food Permits Pool Permit Fees Septic Permit Fee 1, Culvert/Driveway Permit Accessory Bldg Permit Contractor Registration Fees 1, Total Permits 5, Revenue Solid Waste Franchise 2, Water Supply Corps Franchise Electric/Gas Franchise 21, Mixed Beverage Allocation 1, Sales Tax - Gen Fund 14, Penalty & Interest 0.00 Delinquent Ad Valorem Taxes Oper & Maint Ad ValoremTax 252, Page 1

22 2:00 PM Town of Bartonville 02/16/17 Monthly Profit & Loss General Operating Accrual Basis January 2017 TC Agenda Pkt Page 22 Jan 17 Total Revenue 292, Street Sales Tax 8, Total Income 460, Gross Profit 460, Expense PD Contracted Service PD Property Insurance PD Liability Insurance PD Auto Liability PD Moble Telephone Expense PD Training/Travel PD Small Equip Purchase/Rep... 1, Total PD Contracted Service 3, Maintenance PD PD Auto Maint/Repair/CarWash Total Maintenance PD Suppplies PD PD Fuel Expense Total Suppplies PD Public Safety Salary & Benefits PD Workers Compensation 1, PD Health Ins 2, PD Certification Pay PD Overtime Page 2

23 2:00 PM Town of Bartonville 02/16/17 Monthly Profit & Loss General Operating Accrual Basis January 2017 TC Agenda Pkt Page 23 Jan 17 Police Officer Wages FT 12, Police Chief Salary 6, Total Salary & Benefits 23, Total Public Safety 23, Contracted Service/Other Ins-Prop/Liability/WC 1, Denton County Filing Fees Tax Note, Series , Town Mtgs/Events Banners and Signs Banking Fees/Charges Utilities (Elec,Water, Phone) 1, Publications/Subscriptions Training and Travel Records Management Postage Municipal Court Expense Advertising - Legal Notice/Pub Total Contracted Service/Other 8, Maintenance Computer Maint/Software Maint/Repair/Cleaning Total Maintenance Supplies Copier Lease/Supplies/Maint Operations and Supplies Page 3

24 2:00 PM Town of Bartonville 02/16/17 Monthly Profit & Loss General Operating Accrual Basis January 2017 TC Agenda Pkt Page 24 Jan 17 Total Supplies Expenditures Salary & Benifits Payroll Tax Expense Health and Dental Ins TMRS - Admin 1, Salaries and Wages-Town S... 6, Salries and Wages - Court Cl... 2, Total Salary & Benifits 11, Total Expenditures 11, Capital Improvements Town Hall Improvements 4, Total Capital Improvements 4, Professional Services Bldg Inspections/Code Enforce 1, Sanitarian & Health Inspections 3, Animal Control Contract Labor Legal Expense 2, Total Professional Services 8, PD Retirement Expense 2, Total Expense 65, Net Ordinary Income 395, Page 4

25 2:00 PM Town of Bartonville 02/16/17 Monthly Profit & Loss General Operating Accrual Basis January 2017 TC Agenda Pkt Page 25 Jan 17 Net Income 395, Page 5

26 2:09 PM Town of Bartonville FY Street Improvement Fund Profit & Loss February 16, 2017 Accrual Basis October 2016 through January 2017 TC Agenda Pkt Page 26 Oct '16 - Jan 17 Budget $ Over Budget Ordinary Income/Expense Income Other Income FM ILA - Transfer to Street Interest Income Total Other Income Street Sales Tax 29, Total Income 30, , Gross Profit 30, , Expense Contracted Service/Other Advertising - Legal Notice/Pub Total Contracted Service/Other Public Works and Streets 2016 Street Improvement Project 10, Street Maint/Rpr /2014 Projects TBD Street Maintenance Plan Total Public Works and Streets 10, , Professional Services Engineering Total Professional Services Total Expense 11, , Net Ordinary Income 18, , Net Income 18, , Page 1

27 2:10 PM Town of Bartonville February 16, 2017 FY Capital Imp Profit & Loss October 2016 through January 2017 TC Agenda Pkt Page 27 Oct '16 - Jan 17 Budget $ Over Budget Ordinary Income/Expense Income CIP Interest Earned Total Income Gross Profit Expense Maintenance Maint/Repair/Cleaning Total Maintenance Capital Improvements Town Hall Improvements 95, , Total Capital Improvements 95, , Total Expense 95, , Net Ordinary Income (95,266.57) 0.00 (95,266.57) Net Income (95,266.57) 0.00 (95,266.57)

28 2:06 PM Town of Bartonville FY Waste Water Profit & Loss February 16, 2017 Accrual Basis October 2016 through January 2017 TC Agenda Pkt Page 28 Oct '16 - Jan 17 Budget $ Over Budget Ordinary Income/Expense Income WW Treatment Income - BTC 9, , WW Administrative Fee WW Interest Income WW Personnel/Overhead Income Total Income 10, , Gross Profit 10, , Expense Waster Water WW Metering Station Utilities WW Treatment Expense - UTRWD 13, , Total Waster Water 13, , Total Expense 13, , Net Ordinary Income (3,603.19) 0.00 (3,603.19) Net Income (3,603.19) 0.00 (3,603.19) Page 1

29 2:14 PM BCCPD 02/16/17 Profit & Loss Accrual Basis October 2016 through January 2017 TC Agenda Pkt Page 29 Oct '16 - Jan 17 Income Grants and Donations 36, Income Sales and Use Tax 12, Total Income 12, Interest Inc Total Income 48, Expense Administrative Costs Interest/Late Fees Total Administrative Costs Blue Santa DCSO Grant Funds 10, National Night Out Operating Costs Admin Service to TOB 1, Total Operating Costs 1, Police Department Expense Capital Projects PD Operations Equipment 1, Software 2, Total PD Operations 3, Total Police Department Expense 4, Total Expense 17, Net Income 31, Page 1

30 2:15 PM Bartonville Community Development Corp 02/16/17 Profit & Loss YTD Comparison Accrual Basis October 2016 through January 2017 TC Agenda Pkt Page 30 Oct '16 - Jan 17 Oct '16 - Jan 17 Ordinary Income/Expense Income Revenue Interest Income Sales Tax Income 50, , Total Revenue 51, , Total Income 51, , Expense Expenditures Ooperations and Supplies 1, , Legal & Accounting Old Town Maintenance & Repairs 6, , Consulting Fees 4, , Salary to Town 5, , Total Expenditures 17, , Total Expense 17, , Net Ordinary Income 34, , Net Income 34, , Page 1

31 TOWN COUNCIL AGENDA ITEM NO. 1 TC Agenda Pkt Page 31 CONSENT ITEM DATE: February 21, 2017 FROM: ITEM: Tammy Dixon, Town Secretary Consider approval of the December 13, 2016, meeting minutes. SUMMARY: The Town Council held a regular meeting on December 13, FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Draft Minutes RECOMMENDATION: Move to approve the minutes from a regular meeting of the Town Council held on December 13, 2016.

32 TC Agenda Pkt Page 32 THE BARTONVILLE TOWN COUNCIL HELD A REGULAR MEETING ON THE 13 th DAY OF DECEMBER 2016, AT FELLOWSHIP CHURCH OF THE NAZARENE, 2200 E. JETER RD, IN THE TOWN OF BARTONVILLE, COUNTY OF DENTON, TEXAS AT 6:30 P.M. The Town Council met in a regular meeting with the following members present: Bill Scherer Mayor Jaclyn Carrington Mayor Pro Tem Jeff Traylor (arrived at 6:36 p.m.) Councilmember Place 1 Clay Sams Councilmember Place 3 Jim Murphy Councilmember Place 4 Jim Langford Councilmember Place 5 Also present: Stacey Almond, Town Administrator; Tammy Dixon, Town Secretary; Corry Blount, Police Chief; Ed Voss, Town Attorney; and Gary Vickery, Town Engineer. A. CALL REGULAR MEETING TO ORDER Mayor Scherer called the regular meeting to order at 6:30 p.m. B./C. CLOSED/OPEN SESSION The Town Council convened into a closed meeting pursuant to Texas Government Code Chapter 551, Sections, and at 6:31 p.m. and reconvened into open session 7:00 p.m. to discuss matters relating to consultation with Town Attorney and personnel as follows: a. Deliberate and consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officers or employee; to wit: Town Administrator. No Action Taken. b. Discuss matters relating to consultation with Town Attorney regarding Broome Road Street Damage. No Action Taken. D. PLEDGE OF ALLEGIANCE Mayor Scherer led the pledge of allegiance. E. PUBLIC PARTICIPATION/CITIZEN APPEARANCES There were none. F. APPOINTED REPRESENTATIVE/LIAISON REPORTS 1. Argyle Fire District - Jim Strange provided an update from the District. 2. Planning and Zoning - No Report

33 TC Agenda Pkt Page 33 TOWN COUNCIL REGULAR MEETING December 13, 2016 PAGE 2 3. Community Development Corporation No Report 4. Police Chief Report - Department Statistics/Activities for November Chief Blount provided the statistics for November. 5. Town Secretary/Interim Town Administrator a. Monthly Reports: Financial Statement-November 2016 b. Update on Town Hall Remodel Ms. Dixon provided an update on the Town Hall Remodel. A disucssion ensued regarding the exterior base and trim colors, the additon of a metal window frame for security purposes to the police department lobby window and upgrades to the kitchen. It was the consensus of the council to explore different options for the trim color to blend better with the window frames, and to not make any construction changes to the kitchen at this time. G. CONSENT AGENDA Mayor Pro Tem Carrington moved to approve consent items 1 and 2. Councilmember Traylor seconded the motion. The item, as approved by consent, is restated below along with the approved recommendation, for the record. 1. Consider approval of the November 15, 2016, regular meeting minutes. RECOMMENDATION: Approve the November 15, regular meeting minutes. 2. Consider approval of the November 21, 2016, special meeting minutes. RECOMMENDATION: Approve the November 15, special meeting minutes. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 H. REGULAR ITEMS 3. Discuss and consider approval to vacate the plat for Lots 10R-1 and 10R-2 of the Springfield Addition, Town of Bartonville, Denton County, Texas in order for the land to revert back to the original plat, Lot 10, Springfield Addition. (The Planning and Zoning Commission recommended approval by a vote of 5-0 at their December 7, 2016, regular meeting.) Ms. Dixon explained the property owner submitted a minor plat, which was approved and filed with Denton County on June 21, It was later discovered by the property owner that their deed restrictions prevented them from subdividing the property therefore they requested the plat be vacated and revert back to the original plat of record. Ms. Dixon further explained per Chapter 10, Subdivision Regulations, Exhibit A, Section 2.11: Plat Vacation - the property owner of the tract covered by the plat may vacate, upon approval of

34 TC Agenda Pkt Page 34 TOWN COUNCIL REGULAR MEETING December 13, 2016 PAGE 3 the Planning and Zoning Commission and the Town Council, the plat at any time before any lot in the plat is sold. Councilmember Langford moved to approve to vacate the plat for Lots 10R-1 and 10R-2 of the Springfield Addition, Town of Bartonville, Denton County, Texas in order for the land to revert back to the original plat, Lot 10, Springfield Addition. Mayor Pro Tem Carrington seconded the motion. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 4. Discuss and consider approval a Professional Planning Consulting Services agreement with Dunaway Associates, L.P., and authorize the Interim Town Administrator to execute same on behalf of the Town. Ms. Dixon stated this request was to approve an agreement for a contract planner to provide on-call planning services on an as needed basis to assist in maintaining responsive services to the public with planning and development services. Councilmember Langford moved to approve a Professional Planning Consulting Services agreement with Dunaway Associates, L.P., and authorize the Interim Town Administrator to execute same on behalf of the Town. Mayor Pro Tem Carrington seconded the motion. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 5. Discussion on Five-Year Street Plan. Mr. Vickery stated the updated five-year street plan was based on the projected completed this past year which included microsealing Post Oak, Pin Oak and Timber Oak; Reconstruction of Brasher, Chestnut and Oakwood; and limited crack sealing. He explained he added some culvert replacements in an effort to avoid emergency repairs in the future; updated the construction cost estimates to better address the pricing and noted the higher than expected prices had been affected by rising construction prices in general and the nature of doing small projects; included more geotechnical investigation and more construction testing and inspection to ensure the Town is getting a good product; and updated the existing conditions map, showing his current assessment of the street conditions. He stated his objectives in establishing the priorities shown were as follows: 1.) Make the major streets a priority: E. Jeter, W. Jeter, Porter, Gibbons, McMakin, Frenchtown and Broome; 2.) Address critical culvert replacements specifically on the major streets; and 3.) Maintain the residential streets. Mr. Vickery stated the highlights of the updated plan were: The crack sealing shown for the current fiscal year should be completed before Christmas, as Work Order No. 1 of the current Annual Contract. A small repair on Dove

35 TC Agenda Pkt Page 35 TOWN COUNCIL REGULAR MEETING December 13, 2016 PAGE 4 Creek is also included, although he does not like to spend much money on that road if reconstruction is eminent. The cost estimates shown reflect a 5% per year price escalation. It is added at the yearly total, so most likely after this year the projects total less than the years total. Dove Creek (Gibbons to Noble Champions) is shown to be reconstructed this fiscal year. It assumes Denton County will participate. It also assumes that we place just 3 of asphalt on a pulverized and treated subgrade. He stated he would would prefer at least a 5 pavement, but it may be possible to overlay it in a few years if needed. He would prefer not to reconstruct until Hat Creek is completed in the summer of 2017, assuming for now that Dove Creek is the construction access to that project. He would prefer to wait until the homes are largely completed, but is not not sure the road will hold up that long. If it is determined it will, the Town could switch years 4 and 5 in the updated plan, but would probably need to do more maintenance on Dove Creek to make it last that long. He left the total cost of work for next fiscal year below the budget to allow the Town Council to build a little reserve for emergencies, but could easily find projects to use those funds if desired. There are a couple culverts that need to be replaced to avoid an emergency repair, and have included them. Where feasible, he intends to install a toe-wall to secure the existing culverts rather than construct a headwall. The toe-wall can be built much cheaper, and can anchor the concrete pipe so that the joints do not open over time. One of the casualties of the higher costs is that some projects would have to slide further to the future, and work to address edge drop-offs has been pushed beyond the next four years. He did not have anything more than some minor repairs and crack sealing for the major streets in the next four years. Both Gibbons and McMakin are showing some signs of distress, so the Town would have to watch them and adjust accordingly. There are several roads that the Town may choose to chip seal rather than microseal, but that decision can wait at least a year. He did not address the possible damage to Dove Creek between the Hat Creek development and Fox run. It is his intent to address that issue with the developer, and he has a series of pictures to document the current condition of that street. Discussion ensured regarding an overlay of Dove Creek from Noble Champions to Gibbons and the impact of the construction from Hat Creek and if it would be better to wait until the Hat Creek development was completed. Mr. Vickery was directed update an alternate approach to stay within budget and to build some reserves for emergencies. 6. Discuss and consider approval of an ordinance renewing the franchise agreement with Cross Timbers Water Supply Corporation. Ms. Dixon stated the town granted Bartonville Water Supply Corporation (now known as Cross Timbers Water Supply Corporation) a franchise in The non-exclusive franchise was extended to the end of January 2005 and in 2005 subsequently renewed for an additional

36 TC Agenda Pkt Page 36 TOWN COUNCIL REGULAR MEETING December 13, 2016 PAGE 5 ten years. In 2015 the town renewed and extended the agreement for one year - through December 31, 2016, to supply, sell, distribute, and furnish potable/domestic water to the town and allow the use of town easements, right-of-ways, roads, or streets. The Franchise Fees were approved at 2%. Councilmember Traylor moved to approve Ordinance No renewing the franchise agreement with Cross Timbers Water Supply Corporation for one year. Councilmember Langford seconded the motion. The caption of the ordinance reads as follows: ORDINANCE AN ORDINANCE OF THE TOWN OF BARTONVILLE, DENTON COUNTY, TEXAS, RATIFYING, RENEWING AND EXTENDING A FRANCHISE GRANTED TO CROSS TIMBERS WATER SUPPLY CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO CONDUCT A BUSINESS OF SUPPLYING POTABLE/DOMESTIC WATER IN THE TOWN OF BARTONVILLE, AND TO CONSTRUCT, OPERATE, AND MAINTAIN A WATER TRANSMISSION AND DISTRIBUTION SYSTEM ALONG AND UNDER THE UTILITY EASEMENTS, RIGHTS-OF-WAY, STREETS, ROADS, LANES, ALLEYS, AND BRIDGES OF SAID TOWN, AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 I. FUTURE ITEMS There were none. J. ADJOURNMENT Mayor Scherer declared the meeting adjourned at 8:04 p.m. APPROVED this the 21 st day of February, Approved: Attest: Bill Scherer, Mayor Tammy Dixon, Town Secretary

37 TOWN COUNCIL AGENDA ITEM NO. 2 TC Agenda Pkt Page 37 CONSENT ITEM DATE: February 21, 2017 FROM: ITEM: Tammy Dixon, Town Secretary Consider approval of the January 10, 2017, special meeting minutes. SUMMARY: The Town Council held a special meeting on January 10, FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Draft Minutes RECOMMENDATION: Move to approve the minutes from a special meeting of the Town Council held on January 10, 2017.

38 TC Agenda Pkt Page 38 THE BARTONVILLE TOWN COUNCIL HELD A SPECIAL MEETING ON THE 10 th DAY OF JANUARY 2017, AT BARTONVILLE TOWN HALL, 1941 E. JETER ROAD, IN THE TOWN OF BARTONVILLE, COUNTY OF DENTON, TEXAS AT 6:00 P.M. The Town Council met in a special meeting with the following members present: Bill Scherer Mayor Jaclyn Carrington Mayor Pro Tem Jeff Traylor (arrived at 6:31 p.m.) Councilmember Place 1 Clay Sams Councilmember Place 3 Jim Murphy Councilmember Place 4 Jim Langford Councilmember Place 5 Also present: Tammy Dixon, Town Secretary; and Ed Voss, Town Attorney. A. CALL SPECIAL MEETING TO ORDER Mayor Scherer called the special meeting to order at 6:00 p.m. B./C. CLOSED/OPEN SESSION The Town Council convened into a closed meeting pursuant to Texas Government Code Chapter 551, Sections, and at 6:31 p.m. and reconvened into open session 8:52 p.m. to discuss matters relating to consultation with Town Attorney and personnel as follows: a. Deliberate and consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officers or employee; to wit: Town Administrator. No Action Taken. D. ADJOURNMENT Mayor Scherer declared the meeting adjourned at 8:53 p.m. APPROVED this the 21 st day of February, Approved: Attest: Bill Scherer, Mayor Tammy Dixon, Town Secretary

39 TOWN COUNCIL AGENDA ITEM NO. 3 TC Agenda Pkt Page 39 CONSENT ITEM DATE: February 21, 2017 FROM: ITEM: Tammy Dixon, Town Secretary Consider approval of the January 17, 2017, regular meeting minutes. SUMMARY: The Town Council held a regular meeting on January 17, FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Draft Minutes RECOMMENDATION: Move to approve the minutes from a regular meeting of the Town Council held on January 17, 2017.

40 TC Agenda Pkt Page 40 THE BARTONVILLE TOWN COUNCIL HELD A REGULAR MEETING ON THE 17 th DAY OF JANUARY 2017, AT BARTONVILLE TOWN HALL, 1941 E. JETER RD, IN THE TOWN OF BARTONVILLE, COUNTY OF DENTON, TEXAS AT 7:00 P.M. The Town Council met in a regular meeting with the following members present: Bill Scherer Mayor Jaclyn Carrington Mayor Pro Tem Jeff Traylor Councilmember Place 1 Clay Sams Councilmember Place 3 Jim Murphy Councilmember Place 4 Jim Langford Councilmember Place 5 Also present: Tammy Dixon, Interim Town Administrator/Town Secretary; Corry Blount, Police Chief; Ed Voss, Town Attorney; Gary Vickery, Town Engineer; and Barry Hudson, Town Planner. A. CALL REGULAR MEETING TO ORDER Mayor Scherer called the regular meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE Mayor Scherer led the pledge of allegiance. C. PUBLIC PARTICIPATION/CITIZEN APPEARANCES There were none. D. APPOINTED REPRESENTATIVE/LIAISON REPORTS 1. Argyle Fire District - Jim Strange provided an update from the District. 2. Planning and Zoning - No Report 3. Community Development Corporation No Report 4. Police Chief Report - Department Statistics/Activities for December Chief Blount provided the statistics for December. 5. Town Secretary/Interim Town Administrator a. Monthly Reports: Financial Statement-December 2016 b. Update on Town Hall Remodel Ms. Dixon distributed the Financial Statements for December and stated she would discuss the update on Town Hall later in the meeting under Agenda Item 8.

41 TC Agenda Pkt Page 41 TOWN COUNCIL REGULAR MEETING January 17, 2017 PAGE 2 E. CONSENT AGENDA Councilmember Traylor moved to approve consent item 1. Mayor Pro Tem Carrington seconded the motion. The item, as approved by consent, is restated below along with the approved recommendation, for the record. 1. Consider approval of a resolution of the Town Council of the Town of Bartonville ordering a General Election to be held on May 6, 2017, for the purpose of electing three Councilmembers Places 1, 3, and 5, for two-year terms each; and providing for a joint services contract with Denton County. RECOMMENDATION: Approve Resolution of the Town Council of the Town of Bartonville ordering a General Election to be held on May 6, 2017, for the purpose of electing three Councilmembers Places 1, 3, and 5, for two-year terms each; and providing for a joint services contract with Denton County. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 F. REGULAR ITEMS 2. Public Hearing to consider a request for rezoning from Agricultural AG to Residential 2 Acre Estates RE-2 of approximately acres of land. The property is located at 1408 Jeter Road. (The Planning & Zoning Commission recommended approval by a vote of 5 to 0 at its January 4, 2017, meeting.) Mayor Scherer opened the public hearing at 7:00 p.m. Ms. Dixon stated the property owners, Terrance and Claire Rock were requesting a zoning change from AG to RE-2 for approximately acres of land which was in conformance to the Land Use Map. Mr. Rock stated he was requesting the change as it complies with the land use map. No one spoke in favor or in opposition. Mayor Scherer closed the public hearing at 7:08 p.m. Councilmember Traylor moved to approve a request for rezoning from Agricultural AG to Residential 2 Acre Estates RE-2 of approximately acres of land. The property is located at 1408 Jeter Road; and adopt Ordinance No for the same. Mayor Pro Tem Carrington seconded the motion. The caption of the ordinance reads as follows:

42 TC Agenda Pkt Page 42 TOWN COUNCIL REGULAR MEETING January 17, 2017 PAGE 3 ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NO , THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF BARTONVILLE, AS AMENDED, BY CHANGING THE ZONING DESIGNATION OF APPROXIMATELY ACRES, BEING GENERALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE JAMES BURKE SURVEY, ABSTRACT NO 42, BEING ALL THAT CERTAIN CALLED ACRE TRACT OF LAND RECORDED IN VOLUME 847, PAGE 480, DEED RECORDS, LOCATED WITHIN THE LIMITS OF THE TOWN OF BARTONVILLE, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO, FROM A ZONING DESIGNATION OF "AG" AGRICULTURE TO A ZONING DESIGNATION OF "RE-2" RESIDENTIAL 2 ACRE ESTATES, AND BY AMENDING THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND NAMING AN EFFECTIVE DATE. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 3. Public Hearing to consider a request for a subdivision replat, on a tract of land being described as Lot 1R, Block A, Denkmann Plaza Addition, Town of Bartonville, Denton County, Texas (recorded in Cabinet U, Page 934, P.R.D.C.T.); into two lots. The property is generally located north of I.T. Neely and west of F.M Mayor Scherer opened the public hearing at 7:10 p.m. Ms. Dixon stated the Property Owner was Denmiss, LLC (David Hunt); the Developer: Bryfam Properties, LLC (Marty Bryan); Engineer: G&A Consultants, LLC (Robert Dollak & Josh Barton). The current zoning is VC, Village Center District. Ms. Dixon stated the purpose of this replat application was to subdivide Lot 1R, Bock A, of the Denkmann Plaza Addition (Bartonville Town Center) in order to create two lots. The existing Lot 1R contains approximate acres. The proposed acre lot was located on the southwest corner of the Denkmann Plaza Addition ( acres) on the west side of FM 407 and the north side of I.T. Neely Drive and will contain a restaurant. The proposed Lot depth ( ) did not meet the 500 minimum lot depth required by Section 12.3.B.5. Village Center Zoning District, Bartonville Zoning Ordinance; however,

43 TC Agenda Pkt Page 43 TOWN COUNCIL REGULAR MEETING January 17, 2017 PAGE 4 Denmiss, LLC requested a lot depth variance to this section and on January 11, 2017, and the Board of Adjustment approved a variance to allow for a lot depth of feet. Bobby Dollak, Project Engineer, stated Bartonville Town Center was developed more than 16 years ago, and this was a great opportunity for Phase II of the Center. Mr. Dollak provided a power point presentation and answered questions from the Town Council. Marty Bryan, developer for the proposed restaurant Marty B s, explained the concept of his restaurant was to be a destination restaurant such as the Salk Lick BBQ in Driftwood, Texas with the ambiance like The Rustic, in Dallas. The restaurant will provide indoor and outdoor seating, a rooftop patio, an outdoor stage for live music, a large screen to view sporting events, and a fire pit for kids to enjoy making their own s mores. He stated he picked Bartonville because of its rural country atmosphere. No one spoke in favor or in opposition. Mayor Scherer closed the public hearing at 7:34 p.m. Councilmember Traylor moved to approve the request for a subdivision replat, on a tract of land being described as Lot 1R, Block A, Denkmann Plaza Addition, Town of Bartonville, Denton County, Texas (recorded in Cabinet U, Page 934, P.R.D.C.T.); into two lots in accordance with the lot depth variance from Section 12.3.B.5. Village Center Zoning District, Bartonville Zoning Ordinance of as approved by the Board of Adjustment. Councilmember Sams seconded the motion. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 4. Discuss and consider approval of an application for a Site Plan for a acre lot located in the southwest corner of the Denkmann Plaza Addition, for Marty B s restaurant. The property is generally located north of I.T. Neely and west of F.M Ms. Dixon stated the purpose of this request was to obtain site plan approval to develop a 6,658 square-foot restaurant within the Bartonville Town Center Phase II within the Village Center District. Mr. Hudson, the Town s Planning Consultant, stated the proposed acre lot was located on the southwest corner of the Denkmann Plaza Addition ( acres) on the west side of FM 407 and the north side of I.T. Neely Drive. The property is zoned VC Village Center and the restaurant use is a permitted use. The Land Use Plan shows this property as part of the Village Center, so the Site Plan submission was in conformance with the Comprehensive Plan. Mr. Hudson discussed the lot depth variance, parking, and explained the primary access to the lot will be from I.T. Neely. He stated a right-turn deceleration lane on the west-bound FM 407 would be constructed along with this project and mentioned the parties had agreed to a vehicular paving connection between Marty B s and Phase 1 which would improve access and

44 TC Agenda Pkt Page 44 TOWN COUNCIL REGULAR MEETING January 17, 2017 PAGE 5 circulation to Marty B s patrons and for emergency services, instead of only one point of access (I.T. Neely). Mr. Hudson also reviewed the landscape plan and architectural elevations. The large metal roof canopy over the restaurant building should be considered a building and it therefore subject to the VC building regulations, section 12.3.C.3.b. which states that exposed columns shall be constructed of or clad with a material that is like or similar material to that of the primary structure. The 20 support columns are being brick clad to a height of 11 which seems to meet the intent of the ordinance. Mr. Hudson stated Marty B s restaurant was a departure from the original conceptual site plan for the Village Center. This is a free-standing single use that compliments the two-story mixed use buildings in the first phase of the Village Center. The large metal canopy over the building and the rooftop deck give the restaurant a taller two story feel, even though the enclosed portion of the building is only one story. He further stated the building is well placed in the southwest corner of the Village Center property, so the different architectural style should not adversely affect the aesthetics of the existing Town Center buildings. The changing demographics of the area should make a unique restaurant concept like this a success. Councilmember Langford moved to approve the Site Plan for a acre lot located in the southwest corner of the Denkmann Plaza Addition, for Marty B s restaurant. Mayor Pro Tem Carrington seconded the motion. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 5. Discuss and consider approval of an ordinance amending Attachment A of Section 10 entitled Rate Adjustment of the Exclusive Franchise Agreement for Solid Waste Collection authorizing a 3% increase in solid waste disposal rates. Ms. Dixon stated on January 9, 2017, the Town received a request from Waste Connections successor-in-interest to Progressive Waste Solutions for an increase in rates effective February 1, The requested increase represents a 3% increase in the present residential rate, which would be an increase of $0.28 per household per month from $9.31 to $9.59. The recycling rate would remain the same since there is no disposal cost in curbside recycling. Mayor Pro Tem Carrington moved to approve Ordinance No amending Attachment A of Section 10 entitled Rate Adjustment of the Exclusive Franchise Agreement for Solid Waste Collection authorizing a 3% increase in solid waste disposal rates. Councilmember Sams seconded the motion. The caption of the ordinance reads as follows: ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS, AMENDING ATTACHMENT A OF SECTION 10, ENTITLED RATE ADJUSTMENT OF THE EXCLUSIVE FRANCHISE AGREEMENT FOR THE

45 TC Agenda Pkt Page 45 TOWN COUNCIL REGULAR MEETING January 17, 2017 PAGE 6 COLLECTION, HAULING, RECYCLING AND DISPOSAL OF MUNICIPAL SOLID WASTE, CONSTRUCTION AND DEMOLITION WASTE, AND RECYCLABLE MATERIALS IN THE TOWN OF BARTONVILLE, TEXAS, ADOPTED BY ORDINANCE , AUTHORIZING A 3% INCREASE IN SOLID WASTE DISPOSAL RATES; AND PROVIDING AN EFFECTIVE DATE. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 6. Approve ratification of Change Order Nos. 1-4, and 6-13, to the Town Hall Remodel contract with Texas Benchmark in the amount of $14,359. Ms. Dixon stated all items have been completed and the change orders have been paid. Councilmember Traylor explained the change orders include items that were unforeseen and/or not included in the bid specifications such as solid core doors, data drops, metal frames for the interior lobby windows, new LED exterior lights, and paint samples. Councilmember Langford moved to ratify Change Order Nos. 1-4, and 6-13, to the Town Hall Remodel contract with Texas Benchmark in the amount of $14,359. Mayor Pro Tem Carrington seconded the motion. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 7. Discuss and consider approval of Payment Request from Texas Benchmark in the amount not to exceed $100,000 for the Town Hall Remodel Project. Ms. Dixon stated Texas Benchmark began construction on the Town Hall Remodel project in October The contractor is requesting payment #1 for work completed for the periods November 6 November 16, and November 16 December 15, in accordance with the contract in the amount $79,658 which includes the reduction of 10% retainage. Councilmember Langford moved to approve Payment Request #1 from Texas Benchmark in the amount not to exceed $100,000 for the Town Hall Remodel Project. Mayor Pro Tem Carrington seconded the motion. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 8. Discussion on additional Town Hall improvements to include furniture, equipment, signage, and security options and provide an update on the Town Hall Remodel Project.

46 TC Agenda Pkt Page 46 TOWN COUNCIL REGULAR MEETING January 17, 2017 PAGE 7 Ms. Dixon stated the Hall Remodel was 75% complete. The contractor advised that the interior offices would be completed by January 22 nd. The police department will move into their offices and the court clerk will move into the reception area the week of January 23 rd. Ms. Dixon provided a breakdown of the Capital Improvement Fund Budget as follows: Beg. Capital Improvements Fund Balance $300, Beginning CIP Town Hall Project Budget $203, , Town Hall Remodel Bid -$134, Town Hall Remodel Change Orders to date -$14, Town Hall Remodel Misc.* -$ Current Project Expenses -$151, Current Project balance $52, Ending Capital Improvements Fund Balance $96, The estimated total CIP fund balance after the remodel is approximately $149,000. The Town Council discussed each item and directed staff to move forward with the items as directed: Items Estimated Cost Direction provided to staff Executive Chairs (Council Room 10/Conference Room 6) $3, chairs for conference room only Storage Bldg 16x24 (2 lights, build, deliver, setup No. Research shipping container for an option. 8' Conference Table (Conference Room) $ Yes Blinds $1, Yes Projector/100" portable Screen $ Projector Only Dais/Council/Board Desk $8, No Lobby Furniture (chairs/table) $1, Yes Security (cameras, server, labor) $2, Yes (1/2 paid by court security fund) Signage/Lettering Exterior $3, Yes Mayor Scherer recessed the meeting at 8:45 p.m. and reconvened the meeting at 8:50 p.m. H./I. CLOSED/OPEN SESSION The Town Council convened into a closed meeting pursuant to Texas Government Code Chapter 551, Sections, , , and at 8:51 p.m. and reconvened into open session 9:26 p.m. to discuss matters relating to consultation with Town Attorney, real property and personnel as follows:

47 TC Agenda Pkt Page 47 TOWN COUNCIL REGULAR MEETING January 17, 2017 PAGE 8 1. Deliberate the purchase, exchange, lease, or value of real property, to wit: 96 McMakin Road. Mayor Pro Tem Carrington moved to authorize staff to proceed with a notice and bidding process pursuant to state law for the sale of real property located at 96 McMakin Road for the purpose of soliciting bids for the sale of said property. Councilmember Langford seconded the motion. VOTE ON THE MOTION AYES: Carrington, Traylor, Sams, Murphy, Langford NAYS: None VOTE: 5/0 2. Deliberate and consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officers or employee; to wit: Town Administrator. No Action Taken. J. FUTURE ITEMS There were none. K. ADJOURNMENT Mayor Scherer declared the meeting adjourned at 9:27 p.m. APPROVED this the 21 st day of February, Approved: Attest: Bill Scherer, Mayor Tammy Dixon, Town Secretary

48 TC Agenda Pkt Page 48

49 TOWN COUNCIL AGENDA ITEM NO. 4 TC Agenda Pkt Page 49 CONSENT ITEM DATE: February 21, 2017 FROM: ITEM: Tammy Dixon, Town Secretary Consider approval of the January 24, 2017, special meeting minutes. SUMMARY: The Town Council held a special meeting on January 24, FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Draft Minutes RECOMMENDATION: Move to approve the minutes from a special meeting of the Town Council held on January 24, 2017.

50 THE BARTONVILLE TOWN COUNCIL HELD A SPECIAL MEETING ON THE 24 th DAY OF JANUARY 2017, AT BARTONVILLE TOWN HALL, 1941 E. JETER ROAD, IN THE TOWN OF BARTONVILLE, COUNTY OF DENTON, TEXAS AT 6:30 P.M. The Town Council met in a special meeting with the following members present: Bill Scherer Mayor Jaclyn Carrington Mayor Pro Tem Clay Sams Councilmember Place 3 Jim Murphy Councilmember Place 4 Jim Langford (arrived at 6:33 p.m.) Councilmember Place 5 With the following member absent: Jeff Traylor Councilmember Place 1 Also present: Tammy Dixon, Town Secretary; and Ed Voss, Town Attorney. A. CALL SPECIAL MEETING TO ORDER Mayor Scherer called the special meeting to order at 6:31 p.m. B./C. CLOSED/OPEN SESSION The Town Council convened into a closed meeting pursuant to Texas Government Code Chapter 551, Sections, and at 6:32 p.m. and reconvened into open session 6:39 p.m. to discuss matters relating to consultation with Town Attorney and personnel as follows: a. Deliberate and consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officers or employee; to wit: Town Administrator. Councilmember Sams moved to approve and appoint Michael Montgomery as Town Administrator at the compensation of $68,000 and authorize the execution of the Town Administrator Employment Agreement as agreed by the parties. Mayor Pro Tem Carrington seconded the motion. VOTE ON THE MOTION AYES: Carrington, Sams, Murphy, Langford NAYS: None VOTE: 4/0 D. ADJOURNMENT Mayor Scherer declared the meeting adjourned at 6:41 p.m. APPROVED this the 21 st day of February, Approved: TC Agenda Pkt Page 50 Attest: Bill Scherer, Mayor Tammy Dixon, Town Secretary

51 TOWN COUNCIL AGENDA ITEM NO. 5 TC Agenda Pkt Page 51 REGULAR ITEM DATE: February 21, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Fiscal Year Audit presentation - William C. Spore, P.C., Certified Public Accountant Summary: The Fiscal Year Audit was conducted in late December 2016, and early January 2017, by William C. Spore, P.C., Certified Public Accountant. Fiscal Impact: N/A Attachments: The final audit will be presented then distributed to council at the meeting and following acceptance, will be posted on the Town of Bartonville website for public review. Recommendation: Move to accept the Fiscal Year Audit as prepared and presented by William C. Spore, P.C., Certified Public Accountant.

52 TC Agenda Pkt Page 52

53 TOWN COUNCIL AGENDA ITEM NO. 6 TC Agenda Pkt Page 53 REGULAR ITEM DATE: February 21, 2017 FROM: ITEM: Corry Blount, Police Chief Discuss and consider acceptance of the 2016 Racial Profiling Report. Summary: The Texas Code of Criminal Procedure, Article Compilation and Analysis of Information Collected, requires law enforcement agencies to collect specific data on traffic stops, and report that data to the Texas Commission on Law Enforcement (TCOLE) and their governing body on an annual basis. The TCOLE report is due no later than March 1 of each year. While no timetable is established for council reporting, the report has traditionally been provided in February or March. The attached report indicates that the department claims partial exemption in reporting, since we regularly capture traffic stops on video camera. Videos are then stored for a minimum of 90 days, as required by Section 2.13(a) of the CCP. The report further details the number of stops resulting in arrest, citation, or both, breaks down the race or ethnicity of drivers stopped, whether race or ethnicity was known prior to the stop, whether a search was conducted, and the number of searches that would be considered as consensual. No analysis of the data is required, and none is provided in the report. The department received no racial profiling complaints in The law requires no action on the part of town council regarding this report Fiscal Impact: N/A Attachments: Bartonville Police Department s 2015 Racial Profiling Report Recommendation: Move to accept the 2015 Racial Profiling Report.

54 TC Agenda Pkt Page 54 Bartonville Police Department Racial Profiling Report January 2016-December 2016 Corry D. Blount Chief of Police

55 TC Agenda Pkt Page 55 Bartonville Police Department Number of motor vehicle stops: Partial Exemption Racial Profiling Report (Tier 1) January 2016 December Citation Only Arrest Only 0 3. Both Total 629 Race or Ethnicity 5. African Asian Caucasian Hispanic 3 9. Middle Eastern Native American Total 629 Race or Ethnicity known prior to stop? 12. Yes No 629 Search Conducted? 15. Yes No Total Total 629 Was search consented? 18. Yes No 1 Total 1 (must equal #15)

56 TC Agenda Pkt Page 56 Racial Profiling Report Tier one Agency Name: Bartonville Police Department Reporting Date: 02/09/2017 TCOLE Agency Number: Chief Administrator: Corry Blount Agency Contact Information: Phone: Mailing Address: 1941 East Jeter Road Bartonville Texas This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report (Tier 1), Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling Bartonville Police Department has adopted a detailed written policy on racial profiling. Our policy: 1.) clearly defines acts constituting racial profiling; 2.) strictly prohibits peace officers employed by the Bartonville Police Department from engaging in racial profiling; 3.) implements a process by which an individual may file a complaint with the Bartonville Police Department if the individual believes that a peace officer employed by the Bartonville Police Department has engaged in racial profiling with respect to the individual; 4.) provides public education relating to the agency's complaint process; 5.) requires appropriate corrective action to be taken against a peace officer employed by the Bartonville Police Department who, after an investigation, is shown to have engaged in racial profiling in violation of the Bartonville Police Department's policy adopted under this article; 6.) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: a.) the race or ethnicity of the individual detained;

57 TC Agenda Pkt Page 57 b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and 7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(6) to: a.) the Commission on Law Enforcement; and b.) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. Executed by: Corry Blount Chief Administrator Bartonville Police Department Date: 02/09/2017

58 TC Agenda Pkt Page 58 Bartonville Police Department Motor Vehicle Racial Profiling Information Total stops: 629 Number of motor vehicle stops Citation only: 629 Arrest only: 0 Both: 0 Race or ethnicity African: 10 Asian: 16 Caucasian: 597 Hispanic: 3 Middle eastern: 2 Native American: 1 Was race known ethnicity known prior to stop? Yes: 0 No: 629 Was a search conducted? Yes: 1 No: 628 Was search consented? Yes: 0 No: 1 Submitted electronically to the The Texas Commission on Law Enforcement

59 TOWN COUNCIL AGENDA ITEM NO. 7 TC Agenda Pkt Page 59 REGULAR ITEM DATE: February 21, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Discussion on the Animal Services Contract including the type of microchip scanner used; and provide direction to staff. Summary: This item was placed on the agenda at the request of Councilmember Traylor. The microchip scanner used by Brian the Animal Guy, the Town s contracted Animal Services in not universal. A universal scanner, such as the HomeAgain Universal WorldScan Reader costs approximately $ Fiscal Impact: N/A Attachments: Animal Services Contract Universal Scanner Specifications Recommendation: N/A

60 TC Agenda Pkt Page 60 AGREEMENT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT (hereinafter referred to as the Agreement ) is made and entered into by Brian Hall, a private contractor, d/b/a/ Brian the Animal Guy Consulting (hereinafter referred to as Brian the Animal Guy) and the Town of Bartonville, Texas, a municipal corporation, (hereinafter referred to as Bartonville or the Town ). RECITALS: WHEREAS, Bartonville is desirous of providing its residents and businesses with full-time animal control services, and WHEREAS, Brian the Animal Guy is desirous of furnishing full-time animal control services to Bartonville, and WHEREAS, the parties hereto desire to enter into this Agreement to provide animal control services at the highest level possible to Bartonville 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. All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term: This Agreement shall be for a term of twelve (12) months, commencing on October 1, 2016 and ending September 30, 2017, and may be extended thereafter by mutual consent of the parties hereto for an additional term of 12 months. 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 Bartonville. Section 3. Scope of Services: Brian The Animal Guy hereby agrees to provide Bartonville the following equipment, services, personnel, and facilities: 1

61 TC Agenda Pkt Page 61 a. Service Calls: Brian The Animal Guy will provide unlimited field service calls per month in consideration for the payment to be made by Bartonville under Section 4a. b. Monthly Reports: Brian The Animal Guy will supply a monthly report to the Town Administrator, or Town representative of Bartonville no later than 4:00 p.m., the first Monday of every month. The report shall summarize all animal control activity within the Town borders from the previous month. c. Animal Bites: An ACO, (Animal Control Officer) 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. d. Dead Animal Pickup: Brian The Animal Guy agrees to provide removal of dead animals, excluding livestock, within the limits of Bartonville e. Impoundment: An ACO is authorized to capture and impound any nuisance animal upon having received a complaint on such and has probable cause to believe the animal to be in violation of any provision of the Bartonville Code of Ordinances or state law, which authorizes or requires the animal/s capture and impoundment. The ACO will notify Town Hall as soon as possible regarding any animal impounded. The Town shall receive fifty (50) percent of the fees generated from impounds if the animal is claimed by its owner. All impound fees are waived if the animal is adopted out or humanely destroyed. 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 may be issued to owners. Repeat violators may be impounded and/or citations may be issued to owners of said animal. All impounded animals shall be kept for not less than three (3) days by Brian the Animal Guy. After this period of time, the animal shall be released to the animal control facility and either placed for adoption or humanely destroyed at the discretion of the facility and Brian the Animal Guy. No record shall be kept by the Town as to the disposition of an animal after release is made to the facility. Any animal, whether licensed or unlicensed, which in the professional judgment of Brian the Animal Guy, is in great pain and suffering due to injury from which the animal probably will not recover, or which appears to have rabies, 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. 2

62 TC Agenda Pkt Page 62 Brian the Animal Guy shall use the following facility: 6200 Mesa Butte Ct Roanoke, TX Phone (817) If Brian the Animal Guy desires to change facilities, a representative of, Brian the Animal Guy shall provide written notification to Bartonville at least 48 hours prior to the change. f. Humane Traps: Brian the Animal Guy shall make available humane traps for raccoons, armadillos, opossums, cats, skunks, and unapproachable dogs. Traps will be set by the ACO. Skunks will be euthanized due to their rabies risk. Feral dogs will be impounded. Other animals will be relocated to remote drop sites. The ACO will determine whether any cats caught in live traps will be released. Trap rental fees will be charged to the resident who requested the trap. g. Loose Livestock: Brian the Animal Guy will respond to calls on loose horses, cattle, pigs, or ruminants by containing the animal(s) and then notifying the owner (if possible) to claim the animal(s). h. Wild Animal Removal: Brian the Animal Guy will remove snakes and other wildlife from the Town resident=s homes or yards. Minimal fees to the resident may be applicable. i. Animal Cruelty Calls: Brian the Animal Guy will respond to animal cruelty or neglect calls and take appropriate action according to state law. j. Education: Brian the Animal Guy 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. k. Schedule of Fees: Animal Impoundment Fee: $30 per day from animal owner; Town shall receive 50% of total fee. Trap Rental Fee: Trap Emptying Fee: Wildlife Removal Fee: $30 per trap, per week usage charged to resident. $20 per visit, charged to resident. $0 to $30 depending upon situation, charged to the resident. 3

63 TC Agenda Pkt Page 63 Section 4. Bartonville s Obligations: Bartonville agrees to perform the following: a. Pay an all-inclusive monthly fee of two hundred dollars ($200) for all animal control services, payable on the first day of each month. b. Pay a fuel surcharge depending on the current gas prices in accordance with the following schedule: Below $2.25 per gallon no surcharge $2.26 to $2.85 per gallon $25 for current month $2.86 to $3.45 per gallon $50 for current month Over $3.45 per gallon $75 for current month c. Agree to the Schedule of Fees set forth in Section 3k. Section 5. Section 6. Revenues Retained: Bartonville shall retain all fines, forfeitures, etc. that may be generated by performing ordinance enforcement duties within the Town s boundary. Termination: a. This Agreement may be terminated at any time, by either party, giving thirty (30) days written notice to the other party to the addresses provided herein. In the event of such termination by either party, Brian the Animal Guy will be compensated for all service 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 Bartonville fails to make payment to Brian the Animal Guy within fifteen (15) days after the date of billing for any invoiced amounts, Brian the Animal Guy, at its discretion, may suspend service until payment is received. Bartonville will not receive credit for time which service is suspended for payment. If it becomes necessary for Brian the Animal Guy to suspend services to Bartonville for non-payment of the invoiced amounts, Brian the Animal Guy will identify a date on which the services will be suspended and will notify Town Hall by telephone and in writing of the date services will be suspended. c. Bartonville s recourse for failure of Brian the Animal Guy to furnish any services under this Agreement will be the right to make a proportionate reduction in the fee to be paid (as determined by mutual agreement of the parties) or terminate this Agreement by giving proper notice. 4

64 TC Agenda Pkt Page 64 Section 7. Notices: All written notices shall be sent to the following parties by certified mail-return receipt requested: Brian the Animal Guy Bartonville Town Hall 510 Santa Barbara Dr E. Jeter Rd. Keller, TX Bartonville, TX Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Dispute Resolution: In order to ensure an effective relationship between the parties and to provide the best possible services, it is mutually agreed that all questions arising under this Agreement shall be handled and resolved between the Town Council of Bartonville and the CEO of Brian the Animal Guy. Jurisdiction: By this Agreement, Bartonville grants full and complete authorization and jurisdiction to Brian the Animal Guy for all services provided by Brian the Animal Guy as contained in this Agreement. Said jurisdiction shall apply to the town limits of Bartonville. 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 supervision and control of a representative of Brian the Animal Guy. All officers must be certified in their respective areas of expertise to carry out their duties. Performance: Both parties mutually agree that Brian the Animal Guy is an independent contractor, and shall have exclusive control of performance hereunder, and those employees of Brian the Animal Guy in no way are to be considered employees of Bartonville. Indemnification: Brian the Animal Guy agrees to hold harmless, save and indemnify the Town of Bartonville and its Officers for any and all claims for damages, personal injury, and/or death that any be asserted against Bartonville arising from Brian the Animal Guy negligence or its performance hereunder, save and except intentional acts of gross negligence by Bartonville. 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. 5

65 TC Agenda Pkt Page 65 Section 14. Insurance: Brian the Animal Guy agrees to procure and maintain, at a minimum, $300,000 liability insurance policy providing coverage against any and all claims for personal injury or property damage arising out of acts, errors, or omissions of Brian the Animal Guy, its officers, employees, or agents under or pursuant to this agreement. IN WITNESS WHEREOF, we have hereunto set our hands this 20th day of September 2016, in duplicate originals. BRIAN THE ANIMAL GUY TOWN OF BARTONVILLE By: Brian Hall, Owner By: Stacey Almond, Town Administrator ATTEST: ATTEST: By: Witness By: Tammy Dixon, Town Secretary 6

66 HomeAgain Universal WorldScan Reader Revival Animal Health Page 2 of 3 02/17/2017 TC Agenda Pkt Page 66

67 HomeAgain Universal WorldScan Reader Revival Animal Health Page 3 of 3 02/17/2017 TC Agenda Pkt Page 67 Share 0 Tweet Save

68 TC Agenda Pkt Page 68

69 TOWN COUNCIL AGENDA ITEM NO. 8 TC Agenda Pkt Page 69 REGULAR ITEM DATE: February 21, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Discuss and consider authorizing staff to solicit proposals for depository banking services for the Town of Bartonville. Summary: The Bank Depository Agreement with NorthStar Bank approved in 2012 was extended through July 31, The Town is required to bid the Bank Depository Agreement in 2017 per the Texas Local Government Code: Sec TERM OF DEPOSITORY CONTRACT. A municipality may approve, execute, and deliver any depository services contract whose term does not exceed five years. The depository services contract may only contain terms and conditions approved by the governing body of the municipality. Fiscal Impact: To be determined once bids have been received Attachments: None Recommendation: Move to authorize staff to solicit proposals for depository banking services for the Town of Bartonville.

70 TC Agenda Pkt Page 70

71 TOWN COUNCIL AGENDA ITEM NO. 9 TC Agenda Pkt Page 71 REGULAR ITEM DATE: February 21, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Approve ratification of Change Order No. 14 and Payment Request #2 from Texas Benchmark in the amount of $43, for the Town Hall Remodel Project. Summary: Change Order 14 includes painting and repairing the kitchen cabinets, a counter top for the work station in the administration office, and moving an existing antenna wire for the police department. All items have been completed and the change order has been paid in the amount of $ Payment #2 is for work completed for the period December 16 January 15, in accordance with the contract in the amount $46, which includes the reduction of 10% retainage. Fiscal Impact: CIP Town Hall Project $ 43, Attachments: 1. Change Orders Payment Request #2 Recommendation: Move to approve ratification of Change Order No. 14 and Payment Request #2 from Texas Benchmark in the amount of $43, for the Town Hall Remodel Project.

72 Texas Benchmark Building Group, LLC TC Agenda Pkt Page 72 Estimate Setting the Standard for Excellence DATE February 17, 2017 P.O. Box Quotation # Flower Mound, Texas Customer ID Bville C.O. # / Bill To: Quotation valid until: February 27, 2017 Prepared by: JDM Town of Bartonville jay@texasbenchmarkgroup.com 1941 E. Jeter Rd Bartonville, Tx Change Order #14 Description AMOUNT Paint kitchen cabinets Paint existing pre-used cabinets (4 lower units) New countertop/workstation Drawer pulls for kitchen cabinets Move existing antenna wire at Police desk $ $ $ $75.00 $ TOTAL $1, Date: Date : Contractor: Jay Martin / Texas Benchmark Building Group. LLC THANK YOU FOR YOUR BUSINESS!

73 Texas Benchmark Building Group, LLC TC Agenda Pkt Page 73 Invoice Setting the Standard for Excellence DATE February 17, 2017 P.O. Box Quotation # 1118 Flower Mound, Texas Customer ID Bville Pay App / Bill To: Quotation valid until: February 27, 2017 Prepared by: JDM Town of Bartonville jay@texasbenchmarkgroup.com 1941 E. Jeter Rd Bartonville, Tx Pay Application Request Description AMOUNT December 16, - January 15, Phase 2 wall demo, new wall framing, insulation, electrical, drywall, tape, bed, texture, paint, demo floor tile, demo VCT, floor prep, new doors and frames, hdwr. $36, January 16, - Present Floor covering, countertops, window glass, final clean $9, Total Less 10% retainage $46, ($4,625.20) TOTAL $41, Date: Date : Contractor: Jay Martin / Texas Benchmark Building Group. LLC THANK YOU FOR YOUR BUSINESS!

74 TC Agenda Pkt Page 74

75 TOWN COUNCIL AGENDA ITEM NO. 10 TC Agenda Pkt Page 75 REGULAR ITEM DATE: February 21, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Consider approval of a contractor services agreement with Brad Hodges for Gas Well Inspection Services through September 30, Summary: Staff inadvertently missed placing this item on the September 20, 2017, agenda with the other annual contract renewals. Mr. Hodges performs gas well application reviews and quarterly gas well inspections as required by State Law. Fiscal Impact: $24,500 - approved in the FY Budget Attachments: Gas Well Inspection Contract Recommendation: Move to approve a contractor services agreement with Brad Hodges for Gas Well Inspection Services through September 30, 2017.

76 TC Agenda Pkt Page 76 CONSULTANT SERVICES AGREEMENT This agreement is made upon the date of execution, as set forth below, by and between Brad Hodges, hereinafter referred to as "Consultant," and the Town of Bartonville, Texas, a Municipal Corporation, hereinafter referred to as "Town. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.0 GENERAL PROVISIONS 1.01 PURPOSE: Consultant shall provide assistance with gas well application review and gas well inspections for gas well within the Town of Bartonville TERMS: This agreement will become effective on the date of execution set forth below, and will continue in effect through September 30, 2017, unless terminated or extended as provided herein SERVICES TO BE PERFORMED BY CONSULTANT: Consultant agrees to perform or provide the services specified in the "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Consultant agrees that Consultant is to work closely with the appropriate officials and/or representatives of Town. Consultant shall determine the method, details, and means of performing the above-referenced services. Consultant may, at Consultant's own expense, employ such assistants as Consultant deems necessary to perform the services required of Consultant by this agreement. Town may not control, direct, or supervise Consultant's assistants or employees in the performance of those services CHANGE IN WORK: Through its chosen representative, Town may request changes in the scope and focus of the activities and studies called for under this agreement. Any such change which, in the opinion of Consultant or Town varies significantly from the scope and focus of the work set out herein or entails a significant increase in cost or expense to Consultant must be mutually agreed upon by Consultant and Town COMPENSATION: In consideration for the services to be performed by Consultant, Town agrees to pay Consultant the consideration set forth in the amounts and under the terms provided in the Schedule of Fees attached hereto as "Exhibit B" hereby incorporated herein. Town agrees to pay invoices of services rendered within 30 days of receipt. 2.0 OBLIGATIONS OF CONSULTANT 2.01 MINIMUM AMOUNT OF SERVICE BY CONSULTANT: Consultant agrees to devote the hour s necessary to perform the services set forth in this agreement in an efficient and effective manner. Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant's sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with Town's business TOOLS AND INSTRUMENTALITIES: Consultant Agreement Town of Bartonville, Texas Page 1 of 11

77 TC Agenda Pkt Page 77 Consultant shall provide all tools and instrumentalities to perform the services under this agreement except those listed in "Tools and Instrumentalities Provided by Town attached hereto as "Exhibit C and hereby incorporated herein WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: Town and Consultant intend and agree that Consultant is an independent Consultant of Town and agrees that Consultant and Consultant's employees and agents have no right to Worker's Compensation and other employee benefits. If any worker insurance protection is desired, Consultant agrees to provide Worker's Compensation and other employee benefits, where required by law, for Consultant's employees and agents LIABILITY OF CONSULTANT-NEGLIGENCE: Consultant shall be responsible for performing the work under this agreement in a manner which is consistent with generally-accepted standards for the Consultant's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The Town shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors. 3.0 OBLIGATIONS OF TOWN 3.01 COOPERATION: Town agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant's duties under this agreement PLACE OF WORK: Town agrees to furnish space for use by the Consultant while performing the services described in this agreement only as set forth in "Exhibit D," hereby incorporated herein. Any workspace requirements not set forth in "Exhibit D" shall be the responsibility of Consultant, and Consultant may use alternate space for performing described services. 4.0 TERMINATION OF AGREEMENT 4.01 TERMINATION: Notwithstanding any other provision of this agreement, 180 days after the effective date of this agreement any party hereto may terminate this agreement, at any time, without cause, by giving at least ninety (90) days prior written notice to the other parties to this agreement. The Town, with the agreement of the Consultant, is authorized to extend the term of this agreement annually beyond the termination date, under the same terms and conditions set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: Bankruptcy or insolvency of any party; Sale of the business of any party; Death of any party; End of the contract to which Consultant's services were necessary; or Assignment of this agreement by Consultant without consent of Town. Consultant Agreement Town of Bartonville, Texas Page 2 of 11

78 TC Agenda Pkt Page TERMINATION BY ANY PARTY FOR DEFAULT OF CONSULTANT: Should any party default in the performance of this agreement or materially breach any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 5.0 SPECIAL PROVISIONS None. 6.0 MISCELLANEOUS 6.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement ASSIGNMENT: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service Consultant Agreement Town of Bartonville, Texas Page 3 of 11

79 TC Agenda Pkt Page 79 when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: Brad Hodges P.O. Box 1646 Stephenville, TX Town of Bartonville 1941 E. Jeter Road Bartonville, TX (817) GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of Texas in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by Town to any assignment of this agreement or any interest in this agreement SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void TIME: Time is expressly declared to be of the essence of this agreement DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate COUNTERPARTS: This agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. Consultant Agreement Town of Bartonville, Texas Page 4 of 11

80 TC Agenda Pkt Page AMENDMENTS: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this agreement. IN WITNESS WHEREOF, the parties do hereby affix their signatures and execute this Agreement on this the day of _, ATTEST: Tammy Dixon, Town Secretary TOWN Town of Bartonville, Texas BY: Bill Scherer, Mayor CONSULTANT Brad Hodges BY: Consultant Agreement Town of Bartonville, Texas Page 5 of 11

81 TC Agenda Pkt Page 81 EXHIBIT A DESCRIPTION OF SERVICES A1.0 ORDINANCES A1.01 REVIEW: Consultant shall review the existing ordinances of Town relevant to the exploration and production of petroleum minerals and deliver to the Town a comprehensive report detailing alignment with current industry standards and recommendations, if necessary, for updates. A1.02 DRAFTING: Consultant shall prepare draft ordinances relevant to the exploration and production of petroleum minerals and assist the Town with revisions and adjustments resulting in final ordinances. A1.03 UPDATING: Consultant shall make recommendations to the Town as necessary to insure that ordinances are maintained in a state that reflects changes and adjustments in the industry of petroleum mineral exploration and production and municipal oversight of that industry. A2.0 PLAN REVIEW A2.01 DEVELOPMENT PLATS: Consultant will review gas well, oil well and pipeline development plat submittals for conformity to ordinances. Consultant will issue a recommendation to approve development plat, or detail changes necessary to bring plat up to an acceptable level for approval. A2.02 SITE PLANS: Consultant will review site plans submitted with development plats and permit applications for conformity to ordinances and industry standards. Consultant will issue a recommendation to approve site plan, or detail changes necessary to bring plan up to an acceptable level for approval. Site plans may include, but are not limited to, the following: A Equipment Layout A Land Use Plan A Grading Plan A Erosion Control Plan A Drainage Area Map A Drilling Rig Site Layout A Production Site layout A Landscape Plan Consultant Agreement Town of Bartonville, Texas Page 6 of 11

82 TC Agenda Pkt Page 82 A3.0 PERMIT APPLICATION REVIEW A3.01 WELL PERMIT: Consultant will review applications for Gas Well Permits and Pipeline Permits related to the exploration and production of petroleum minerals. Consultant will issue one of the following recommendations: A Approve completed application; A Approve completed application contingent upon corrections, additions and/or special conditions; A Deny completed application, with reasons for denial; or A Table incomplete application, with detail of required items that are incomplete A4.0 SITE INSPECTIONS A4.01 NEW WELL INSPECTIONS A Pre-Construction: Consultant will conduct a pre-construction site inspection for each development plat and permit application. Consultant will inspect site for suitability and conformity to ordinances and issue a report to the Town. A Surface Casing: Consultant will observe the setting of the surface casing as well as the cementing process. A Completion: Consultant will conduct an inspection during the well completion process whereby the consultant will witness the initial stage of the perforation and fracture stimulation. Consultant will review all permits issued by Town to the operator and/or the operator s representatives to ensure all required permits have been obtained. A Turning To Sales Consultant will conduct an inspection when the completed well is turned to final sales Consultant will record the pressure of the bradenhead as well as the production pressure. Consultant will also conduct a visual inspection of the site. A4.02 EXISTING AND/OR PRODUCING WELLS QUARTERLY COMPLIANCE INSPECTIONS/PRODUCTION Consultant will conduct quarterly site inspection of each production site within Town limits and issue a report to Town. Production site shall be defined as any petroleum extraction bore into the earth during the time after the removal of the original drilling rig and before the RRC designation that the bore is plugged and permanently abandoned. A shut in well shall be defined as a production site. At Town s request, Consultant will inspect corrective measures taken by operators regarding any non-compliance issues identified during a quarterly inspection. Consultant Agreement Town of Bartonville, Texas Page 7 of 11

83 TC Agenda Pkt Page 83 A4.03 PIPELINE Consultant will inspect surface pipeline route and equipment annually and issue a report to the Town. A4.04 UNSCHEDULED INSPECTIONS Consult will respond to Town requests for unscheduled inspections within twentyfour hours of notification by Town of emergent circumstances at a well site or at a specified time agreed upon by Consultant and Town at the time of notification. A4.05 EMERGENCY AND/OR CLEANUP SUPERVISION: Consultant will represent Town and provide supervision of emergency response and/or cleanup activities by well operators. A5.0 MISCELLANEOUS A5.01 ANALYTICAL REPORT REVIEW: Consultant will review any analytical reports submitted by operators to Town. A5.02 LIAISON: Consultant will, at the Town s request, act as liaison for the Town with entities engaged in the exploration and production of petroleum minerals. A5.03 ATTENDANT OPINION: Consultant will, at the Town s request, attend meetings along with Town representatives in order to supply the Town with Consultant s professional opinion regarding matters discussed during the meetings. A5.04 TOWN COUNCIL MEETINGS: Consultant will, at the Town s request, attend meetings of the Town Council upon which agenda there may be matters relating to the exploration and production of petroleum minerals. A5.05 ENFORCEMENT: Consultant shall act as Enforcement Agent under authority of the Town. As such, Consultant will: A Issue warning letters and citations, at Consultant s discretion, for violations of Town ordinances relating to the exploration and production of petroleum minerals; A File copies of any enforcement communication with the Town Secretary; and A Appear, as required, as the Town s agent at municipal enforcement hearings. A5.06 RECORD KEEPING: Consultant shall perform the following record keeping duties in relation to gas activities in the Town: A Maintain current contact information for operators and update Town staff and emergency services as needed; Consultant Agreement Town of Bartonville, Texas Page 8 of 11

84 TC Agenda Pkt Page 84 EXHIBIT B SCHEDULE OF FEES PROFESSIONAL SERVICES AGREEMENT NEW WELL INSPECTIONS $1,800 per inspection o Surface Casing Setting & Cementing Review BOP test results o Completions Initial stage perforation and frac Bomb & Arson Permits o Turning to Sales Bradenhead Pressure Production Pressure Visual site inspection QUARTERLY COMPLIANCE INSPECTIONS COMPLAINT RESPONSE EMERGENCY/CLEANUP SUPERVISION ADDITIONAL REQUESTED INSPECTIONS PIPELINE INSPECTIONS RE-INSPECTIONS PROFESSIONAL SERVICES $225/well with $1,800/day minimum $225/hr with 1hr minimum $225/hr with $1,800/day maximum** $225/hr with $1,800/day minimum $225/hr with $1,800/day minimum** $150/well** o Consulting/Problem Resolution o Meeting Attendance o Permit/Ordinance Review o Document Preparation $225/hr** $650 (inclusive of travel and mileage) $225/hr** $225/hr** SERVICES INCLUDE: o Quarterly inspections after initial spud date. o Detailed report delivered to the City of identifying findings of inspection with photographs of violations. o Inspection process consisting of: o identification of compliance issues with the City Gas Well Ordinance and/or state regulations o written notice to be delivered to the Gas Well Operator ("Operator") and the City of ("City") identifying compliance issues with the City Ordinance. This notice will identify areas of non-compliance and establish a timeframe for the Operator to come into compliance. o after established timeframe has been met, re-inspection of the site for compliance. **Hourly rate does not include mileage and travel time. Mileage will be charged at the current IRS rates and travel time will be charged at $100 per hour Pay: At the rates stated above as agreed by City and Brad Hodges ("Contractor"). date Brad Hodges ("Contractor"). Consultant Agreement date Town of Bartonville, Texas Page 9 of 11