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Minutes TC 05/26/2015 - Joint SessionMINUTES FROM JOINT AND REGULAR SESSION TOWN OF TROPHY CLUB TOWN COUNCIL AND CRIME CONTROL AND PREVENTION DISTRICT LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, May 26, 2015 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, and the Crime Control and Prevention District (CCPD), met in a Joint Session on Tuesday, May 26, 2015, at 6:00 p.m. and then the Town Council met in a Regular Session at 7:00 p.m. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § COUNTY OF TARRANT § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager April Reiling PIO/Marketing Manager Danny Thomas Fire Chief John Zagurski Strategic Services Coordinator CRIME CONTROL AND PREVENTION DISTRICT BOARD MEMBERS PRESENT: Adam Broyles Board Member Louis Opipare Board Member J.J. Isherwood Board Member Mike Conklin Board Member Loren Van Roekel Board Member Tracey Shields Police Lieutenant Janet Grunt Secretary CRIME CONTROL AND PREVENTION DISTRICT BOARD MEMBERS ABSENT: Paul Glowacki Vice Chairman Mayor Sanders announced the date of Tuesday, May 26, 2015, called the Joint Session to order and announced a quorum at 6:06 p.m. CONVENE INTO JOINT SESSION - START TIME — 6:06 P.M. Town Council Joint and Regular Minutes May 26, 2015 Page 1 of 213 1. Discussion with Town Council regarding the CCPD Budget for Fiscal Year 2015-2016. Police Chief Arata provided a brief update regarding the remaining Fiscal Year 2015 CCPD budget balance and the proposed Fiscal Year 2016 budget. The proposal for the remaining Fiscal Year 2015 CCPD budget is for: vehicle; uniforms/vests; body cameras; weapons; and a potential canine program. The proposal for the Fiscal Year 2016 budget is for: vehicle; small equipment; uniforms/vests; weapons; and the remaining balance to be used towards the new Police facility. Additionally, the CCPD is scheduled to meet on June 3, 2015, to begin their budget discussions. Town Manager Seidel commented that since the budgeted debt service will not be needed, this will give the Police Department the opportunity to purchase equipment that they normally would not have funding for. The Fiscal Year 2016 budget may be used to help offset the cost of the new Police facility by reserving funds for furniture and equipment. Discussion took place regarding vehicle replacement in Fiscal Year 2015 and in Fiscal Year 2016; the possibility of the CCPD budget being applied to the new facility; and exploring starting a canine program. Additional discussion took place regarding the three CCPD strategies, and the utilization of the 2010 and 2012 tax note being used towards professional services for the new Town Hall and Police facility. CCPD Board Member Isherwood commented that the highest priority when the CCPD was created, was to obtain a new Police facility, but since the May 2014 Bond election was not approved, those funds were used in other areas. Mayor Sanders asked if CCPD had developed a new set of priorities list, and was advised by CCPD Board Member Broyles that a new list was not developed, but that the propriety became new radios. Discussion took place regarding the vehicle replacement policy, and that the CCPD budget allows for the purchase of items to adequately equip the Police Department that would not normally be purchased through general budget. Council Member Shoff ner commented that it may be of benefit for the CCPD to create a new set of priorities to accomplish over the next couple of years. Council Member Reed commented that the end goal is to have a new Police facility, and that there is a potential to use CCPD funds to apply towards the new facility that would help reduce the amount of the proposed Bond, and that the CCPD budget would replenish in time along with possible new sales tax revenue sources. CCPD Board Member Opipare asked that the Council give them some direction as to whether they are looking at the equipment side of the budget or the building side of the budget, so that CCPD knows where to apply funding. Mayor Sanders advised that the Council would be reviewing both the general fund and CPPD budget, and stated that CCPD needs to discuss their budget and report back to the Council first, and then the Council can provide CCPD with direction. CCPD Board Member Roekel commented that it may be important to review implementing a canine unit program. No action was taken on this item. Mayor Sanders adjourned the Joint Meeting at 6:48 p.m. CONVENE INTO REGULAR SESSION - START TIME — 7:00 P.M. Town Council Joint and Regular Minutes May 26, 2015 Page 2 of 213 Mayor Sanders announced the date of Tuesday, May 26, 2015, called the Regular Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Council Member Parrow. The Pledges were led by Council Member Shoffner. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Eric Jensen, 2218 McLean Avenue, presented Council Member Kurtz with an award from the Samuel Beck Elementary Parent -Teacher -Association (PTA) golf tournament that he had played in earlier that day. Alexi Joslin, 31 Troon Drive, addressed the Council regarding the ordinance for no parking on the street from 3 a.m. to 5 a.m. She stated that she has lived in Town for eight years and is currently home from college. While she is home, she parks in the street due to her parents leaving early in the morning. She has received tickets from parking on the street, and feels that the ordinance is outdated because it was enforced for street sweeping. She asked that the Council review assigning one day a month for street sweeping. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 2. Consider and take appropriate action regarding the Minutes dated April 28, 2015. 3. Consider and take appropriate action regarding financial and variance report dated April 2015. AttachmentA —April Financial Report FY 2015 Attachment B —April General Fund Budget Report 4. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid -Tex Division regarding the Company's 2014 and 2015 Rate Review Mechanism filings; approving a settlement agreement with rate tariffs and proof of revenues; and providing an effective date. AttachmentC— Ordinance No. 2015-10 S. Consider and take appropriate action regarding an Resolution approving an Interlocal Agreement between the Town and the Cities of Keller, Southlake, Colleyville and Roanoke for the creation, operation, and funding of the North Tarrant Regional SWAT Team; and authorizing the Mayor or his designee to execute all necessary documents. Mayor Sanders requested to remove Item No. 2 from the consent agenda. Council Member Reed requested to remove Item No. 5 from the consent agenda. Town Council Joint and Regular Minutes May 26, 2015 Page 3 of 213 Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda Items 3 and 4. Motion passed unanimously. 2. Consider and take appropriate action regarding the Minutes dated April 28, 2015. Mayor Sanders stated that there were two corrections made on page 2, in the first and second paragraph that referenced the Fire/EMS Joint Sub -Committee, but was corrected to reference the Sub -Committee that worked on the details of the ground lease for the Annex Building. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Minutes dated April 28, 2015, as presented at the dais. Motion passed unanimously. Consider and take appropriate action regarding an Resolution approving an Interlocal Agreement between the Town and the Cities of Keller, Southlake, Colleyville and Roanoke for the creation, operation, and funding of the North Tarrant Regional SWAT Team; and authorizing the Mayor or his designee to execute all necessary documents. Attachment D — Resolution No. 2015-09 Council Member Reed stated that he does not have an issue with the Interlocal Agreement but is concerned that the agreement is for one year and renews automatically unless there is written notice of non -renewal at least ninety days prior to the expiration of the agreement. He would like to have the item come for review prior to the agreement's renewal, to allow for discussion on what was spent and the successes and failures of the program. Town Manager Seidel commented that the Town's participation would allow them to have the SWAT resources if needed, and discussed anticipated cost to participate. Mayor Sanders asked that there be a way to review this item in the future, prior to the automatic renewal of the agreement. Council Member Rowe asked that when this item comes back for review, to have included an activity report with the number of calls received and what they were for. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve Resolution No. 2015- 09, approving an Interlocal Agreement between the Town and the Cities of Keller, Southlake, Colleyville and Roanoke for the creation, operation, and funding of the North Tarrant Regional SWAT Team; and authorizing the Mayor or his designee to execute all necessary documents. Motion carried 5-2-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow, Rowe, and Kurtz voting for, and Council Members Reed and Shoffner voting against. PUBLIC HEARING 6. Public Hearing regarding a request for a Specific Use Permit for a liquor store to be located on Lot 1, The Village at Trophy Club in the Village Shopping Center at Highway 114 and Trophy Club Drive. Mayor Sanders opened the public hearings at 7:15 p.m. There was no one present that wished to speak regarding the item. Town Council Joint and Regular Minutes May 26, 2015 Page 4 of 213 7. Public Hearing regarding a request to amend the Code of Ordinances of the Town of Trophy Club, Chapter 13, "Zoning", Article V, "Supplementary District Regulations" Section 5.09(8) "Changes to the Site Plan" repealing Subsection 3 and adopting a new Subsection 5.09(8)(3) providing guidelines for administrative approval of changes to Site Plans. There was no one present that wished to speak regarding the item. Mayor Sanders closed the public hearings and reconvened into Regular Session at7:17 p.m. REGULAR SESSION S. Consider and take appropriate action relative to the Town's Request for Qualifications for Financial Advisory Services and the selection of SAMCO Capital Markets, Inc. to provide Financial Advisory Services to the Town; and authoring the Town Manager or his designee to negotiate and execute all necessary contractual documents. Attachment E — RFQ for Financial Advisor Services Town Manager Seidel introduced Mark McLiney, with SAMCO Capital Markets, and stated that Mr. McLiney has previously served as the Town's Financial Advisor. He added that the Town solicited RFQ's and reviewed the submittals, and based upon experience and knowledge of the Town, Town Staff is recommending SAMCO Capital Markets as the Town's Financial Advisor. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve the Town's Request for Qualifications for Financial Advisory Services and the selection of SAMCO Capital Markets, Inc. to provide Financial Advisory Services to the Town; and authoring the Town Manager or his designee to negotiate and execute all necessary contractual documents. Mr. McLiney stated that he would be honored to continue representing the Town as their Financial Advisor. The vote was taken. Motion passed unanimously. 9. Receive citizen input regarding the Police and Town Hall facility; discussion of same. Attachment F—Joint Police and Town Hall Facility Exhibit Town Manager Seidel commented that Tom Batenhorst, GSBS Principal, is scheduled to provide an update to the Council at their June 9, 2015, meeting. Mayors Sanders provided an update and stated that the Town has closed on approximately 5.5 acres on Trophy Wood Drive, which will serve as the future site for the new Town Hall and Police facility. He added that the next step is to review the layout of the site and begin a design phase. Town Manager Seidel stated that the intent of Mr. Batenhorst's update is to provide a revised layout of the proposed facility, as well as an exterior perspective, and receive Council input. Mayors Sanders invited citizens to watch the presentations and stated that the objective is to call for a November Bond Election at the August 11, 2015, Council meeting. Town Council Joint and Regular Minutes May 26, 2015 Page 5 of 213 10. Consider and take appropriate action regarding award/rejection of bids for street and draining improvements for Pebble Beach Drive, Timberline Court, Pin Oak Court and Cypress Court to the apparent low bidder, McClendon Construction Co., Inc.; and authorizing the Mayor or his designee to execute all necessary documents. Attachment G — Letter from Teague Nall and Perkins Town Manager Seidel stated that this item is the budgeted Capital Improvement Program for 2015, for the reconstruction of Pebble Beach Drive, Timberline Court, and Pin Oak Court, and drainage improvements to Cypress Court. He added that one bid was received from McClendon Construction Company, and that the goal is to have Pebble Beach open prior to the holidays, and work out a schedule to overlap the construction of Pin Oak Court and Timberline Court. He stated that there will be a Neighborhood meeting on June 8, 2015, to meet with the effected homeowners, and that Town Staff is working to ensure that those homeowners are updated on the progress of the project. Mike Wilson, Project Manager with Teague Nall and Perkins, was available for any questions. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to award a contract to McClendon Construction Company, Inc. for $1,099,373.40 for the following street projects: Pin Oak Court, Timberline Court, Pebble Beach Drive, and Cypress Court. Mayor Sanders commented that Cyprus Court and Pebble Beach are both on Sequence 1, but the two streets are not close together. Town Manager Seidel stated that there are resource allocations for the drainage improvements on Pebble Beach that can be capitalized on by moving those crews to Cypress Court while they are in Town. The vote was taken. Motion passed unanimously. 11. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas approving a Specific Use Permit for a Liquor Store located at within PD Planned Development #13, The Village at Trophy Club, on Lot 1, providing applicable regulations, providing a penalty not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and providing an effective date. Attachment H — Ordinance No. 2015-12 P&Z Clay Stockton, the applicant, was available for any questions Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Ordinance No. 2015- 12 P&Z, approving a Specific Use Permit for a Liquor Store located at within PD Planned Development #13, The Village at Trophy Club, on Lot 1, providing applicable regulations, providing a penalty not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and providing an effective date. Motion passed unanimously. 12. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas, repealing Subsection 3, of Section 5.09(B), "Changes to the Site Plan" of Section 5.09, "Site Plan Requirements" of Article V, "Supplementary District Regulations" of Chapter 13, "Zoning" of the Code of Ordinances of the Town and adopting a new Subsection 5.09(8)(3) regulating administrative approval of changes to Site Plans; providing a penalty not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and providing an effective date. Town Council Joint and Regular Minutes May 26, 2015 Page 6 of 213 Attachment 1— Ordinance No. 2015-04 P&Z Town Manager Seidel stated that this item is a follow-up from previous discussion with Council regarding Site Plan revisions, and recommendations with refinements that limit Town Staff's ability to authorize certain changes to a Site Plan that do not impact the overall aesthetics. He added that the Planning and Zoning (P&Z) Commission reviewed the item, and that Town Staff did make one change regarding Subsection 3C to clarify the language, and that change was included in the Staff Report presented in the Council packet. Dennis Sheridan, P&Z Commission Chair, stated that P&Z was the applicant on this item and that their recommendations were to alter the paragraph of Section 3 and that Section 3a be deleted. He stated that P&Z was concerned with the broad nature of significant change to the physical and aesthetic character. He added that he was concerned with the one change that was made after the P&Z reviewed it, without it going back to the Commission. Discussion took place reading deleting 3a "A significant change in the physical and aesthetic character of the development; or" based upon the Commission recommendations. Motion: Motion made by Council Member Reed, seconded by Council Member Rowe, to refer the item back to the Planning and Zoning Commission to bring back at a future Council meeting. Town Manager Seidel commented that the public hearing for this item was closed earlier in the meeting; therefore the public hearing would have to be re -advertised. Mr. Sheridan stated that 3a is just a clerical error. Mayor Pro Tem Lamont asked Mr. Sheridan if there were any other changes made from what the Commission had reviewed. Motion to Remove: Motion made by Council Member Reed, seconded by Council Member Rowe, to remove the main motion to allow for further discussion of the item. Mr. Sheridan stated that 3a should be removed, which would re -alphabetize the sub-sequent items. He added that Section 3c was rewritten after P&Z had reviewed the document, which he does not have an issue with the wording, but he has an issue from what he has heard from other Commissioners, that it was re -written after the Commission had reviewed it. Town Manager Seidel advised that the Town Staff agreed to the Commissions recommendations but changed Section 3c language for clarification purposes. Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, made a motion to approve Ordinance No. 2015-04 P&Z, as presented in the packet with the following changes: Section 3a be removed, and that Section 3c be amended to follow Town Staff recommendation as presented. Mayor Sanders commented that he would like to see the item come back on the June 9, 2015, Consent Agenda. Council Member Reed stated that he will object to the motion because he served on P&Z and understands their perspective. Council Member Rowe commented that the Staff Report did reflect the proposed amendment to Section 3c, and added that there was no change to the intent of the regulation and asked Council to vote in favor. Town Council Joint and Regular Minutes May 26, 2015 Page 7 of 213 The vote was taken. Motion carried 6-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow, Rowe, Kurtz and Shoff ner voting for, and Council Member Reed voting against. Mr. Sheridan stated that P&Z Commissioner Jon Mills resigned from the Commission and stated that he appreciated his service. 13. Presentation by the CFAB President over the assigned projects; discussion of same. Attachment J — Vehicle Replacement Policy Attachment K — Purchasing Policy Mike Buck, Citizens Financial Advisory Board (CFAB) President, provided an update over the projects that the Board has been working on the last few months, which included: Vehicle Replacement Policy; review of Trophy Club Park's financial position; Liquidation Policy; and the Popular Annual Financial Report (PAFR). He added that the Board is scheduled to meet again in June and stated that they have an additional item to review, which is the salary true -ups issue. Mayor Sanders thanked Mr. Buck for his presentation, and commented that the Vehicle Replacement Policy is an internal policy. Council Member Parrow thanked Mr. Buck and the Board for their work on the Vehicle Replacement Policy. Discussion took place regarding having the Vehicle Replacement Policy come before the Council for discussion. Town Manager Seidel recognized Strategic Services Coordinator Zagurski, PIO/Marketing Manager Reiling, Chief Financial Analyst Ezell, and Assistant Town Manager/CFO Glickman for their assistance on the PAFR. Mayor Sanders thanked Town Staff for their work on the PAFR, and asked to have some discussion on the fund balance for Trophy Club Park. Council Member Shoffner stated that no general funds go into Trophy Club Park, and that his intention for a reserve fund was for it to build over five to six years from Trophy Club Park funds to assist with incurred cost of issues with the Park. Mayor Pro Tem Lamont stated that this is a federally owned park and does not belong to the Town, and that the Town is better off holding the funds aside in case there is a flood. Council Member Rowe commented that there should be a reserve funds policy established for Trophy Club Park. Strategic Services Coordinator Zagurski stated that the $150,000 amount came about based on doubling the amount to repair the Park now as compared to what it would have been in 2007, and also the ability to go out for 80/20 grants for ATV's and expanding the major capital improvements projects, without jeopardizing the funds to repair the Park. Mayor Sanders commented to Mr. Buck that he will leave the decision up to Town Manager Seidel regarding salary true -ups. No action was taken on this item. 14. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas Amending Ordinance No. 2015-08 and preceding ordinances creating and amending PD Planned Development #13 in Town Council Joint and Regular Minutes May 26, 2015 Page 8 of 213 order to correct a clerical error in the numbering/lettering of Section A(1)(b)(1) "Permitted Uses" of Exhibit "C", Development Standards, and effecting no substantive change to the regulations governing PD Planned Development #13; providing for the adoption of an amendment; providing a penalty; and providing an effective date. Attachment L — Ordinance No. 2015-11 P&Z Motion made by Council Member Reed, seconded by Council Member Parrow, to approve Ordinance No. 2015-11 P&Z, amending Ordinance No. 2015-08 and preceding ordinances creating and amending PD Planned Development #13 in order to correct a clerical error in the numbering/lettering of Section A(1)(b)(1) "Permitted Uses" of Exhibit "C", Development Standards, and effecting no substantive change to the regulations governing PD Planned Development #13; providing for the adoption of an amendment; providing a penalty; and providing an effective date. Motion passed unanimously. 15. Consider and take appropriate action to appoint an Organized Sports Council subcommittee to work with Town staff and representatives of Sports Associations and other organized sports groups utilizing Town facilities in order to negotiate agreements for the use of Town facilities and related matters. Motion made by Council Member Rowe, seconded by Council Member Reed, to establish an Organized Sports Council subcommittee consisting of Council Members Rowe, Shoffner, and Kurtz to work with Town staff and representatives of Sports Associations and other organized sports groups utilizing Town facilities in order to negotiate agreements for the use of Town facilities and related matters (this motion supersedes the motion made at the May 12, 2015, Council meeting regarding forming a sub -committee to work with TCRYBA and Town Staff) Motion passed unanimously. 16. Consider and take appropriate action regarding employee compensation for Fiscal Year 2016 budget. Attachment M — FY2016 General Fund Revenue Presentation (Town Secretary Note: Item No. 17 was presented before Item No. 16) Assistant Town Manager/CFO Glickman provided the employee compensation for Fiscal Year 2016 budget presentation, which included: Fiscal Year 2015 Recap; Base Salary; Stipend; Texas Municipal Retirement System (TMRS); Police Salary True -Up; Police Officer Comparison; Police Sergeant Comparison; Police Lieutenant Comparison; Cost of Base Salary Proposals; Other City Compensation; Recent Turnover Rates; Cost to Hire a New Employee; and Decision Points. Discussion took place regarding the Police Salary True -Up and that the total cost of making the change immediately for the remainder of Fiscal Year 2015 is approximately $24,000, which would include existing employees and four new hires to the new pay range. Additional discussion took place regarding factors of turnover rates. Mayor Pro Tem Lamont commented that he believes it is unfair that a person that works here six months should receive a full stipend. Council Member Rowe commented that he believes the stipend would be cleaner to roll the funds into the merit budget, but he will continue to support the item similar to what was done last year. Mayor Sanders stated that he would continue to support the stipend at $750. Mayor Sanders commented that regarding the Police Salary True -Up for the Lieutenant, that he would not include that position in the current year true -up since the promotion was fairly recent and that the proposed next year's Town Council Joint and Regular Minutes May 26, 2015 Page 9 of 213 true -up will adjust the compensation. He spoke in favor of moving forward with the planning of the $24,000 that would cover the remainder of Fiscal Year 2015, and for the planning of the $62,727, that would be for the annualized total cost for Fiscal Year 2016. Mayor Pro Tem Lamont commented that he would have liked to have the presentation earlier to be able to review the information. Council Member Shoffner commented that he does not like comparisons to other cities around Trophy Club because each area has their own benefits beyond salary, and that Trophy Club has a low crime rate. Council Member Reed stated that he is not in favor of changing anything in the middle of the current budget year, and that this can be discussed when going over next year's budget. Council Member Rowe stated that he would like for the Council to discuss and agree upon the total of base salary proposals for Fiscal Year 2016 in order to maintain their goals, and that he liked the merit program that was described. Council Member Kurtz stated that he believes that the employees that are doing the best job should receive the merit increases. Council Member Parrow stated that he agrees with trying to come up with an equitable difference between the Town and other areas, and believed that the Council should wait until the appropriate time to make a decision regarding the Fiscal Year 2016 True -Up. Mayor Sanders stated that as long as been he has been on Council, there has been discussion of Police True -Ups, and that it is something that he would like to discuss in the budget. He commented that he is not in favor of a two percent and then a three percent merit raise because he believes that is too high. Town Manager Seidel encouraged the Council to look at the Police True -Up separately from the proposed merit program because the merit program is for all employees. Council Member Rowe stated that he is not in favor of the proposed Police True -Up that mandates an increase to everyone's minimum; however he would be in favor of approving a budget that enables Town Staff to distribute that appropriately. Assistant Town Manager/CFO Glickman commented that not all Police employees would receive that amount. Town Manager Seidel stated that Town Staff is bringing some budget items separately to the Council for decisions so that when the budget is presented to the Council, they can see how the pieces fit together. He added that the decision that the Council makes tonight regarding this item would help determine the upcoming proposed budget figures. Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to instruct the Town Manger to plan a preliminary budget total for Fiscal Year 2016 of $135,000 for a comprehensive budget for merit increases and Police salary adjustments. Council Member Rowe stated that the amount he referenced was based on last year's discussions and numbers given tonight, and anticipates debate on that amount as the budget is established and if Town Staff are able to work with that number. The vote was taken. Motion passed unanimously. Town Council Joint and Regular Minutes May 26, 2015 Page 10 of 213 17. Consider and provide direction to Town Staff regarding parking regulations and related signage within all Town Parks. Council Member Parrow stated that based on information provided by Town Staff, input by numerous citizens via social media and personal contact, and Police Department personnel concerning this particular subject that was raised in late 2014 and in early 2015, he moved that Council advise Town Staff to terminate any activity or action regarding revising any parking ordinances or adding any parking regulation signage at any Town park. Motion failed for lack of a second. Ginger Dennie, 15 Timberline Drive, filled out a speaker request form and based on the comment, she did not wish to speak. No action was taken on this item. RECESSED AT 8:37 P.M. FOR A BREAK RECONVENED AT 8:47 P.M. INTO REGULAR SESSION 18. Town Council Liaison Updates; discussion of same: *Parks and Recreation Board, May 18, 2015 Council Liaison - Council Member Philip Shoffner Provided update, no action taken, just discussion. 19. Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same. • 2015 Best Neighborhoods in DFW • Budget Calendar • Laserfiche Town Manager Seidel updated the Council and addressed questions; no action taken, update only. 20. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for June 9, 2015 meeting and discussion of Future Agenda Items. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Town Manager Seidel advised that a presentation will be presented at the June 9, 2015, Council meeting regarding General Fund Revenues, and the presentation for the General Fund Expenditures and Supplemental items will be presented at the June 23, 2015, Council meeting. He added that Financial Advisor Mark McLiney will discuss the possible street refunding at the June 23, 2015, Council meeting. Discussion took place that the Council would wait to fill the vacant positions on the various boards and commissions to coincide with the regular annual appointments process. Mayor Sanders asked to remove Item No. 6 from the Town Council Future Agenda Items list: Consider and take appropriate action regarding infrastructure assets being deeded over to the TCMUD No. 1. This item has been handled by the Town. Town Council Joint and Regular Minutes May 26, 2015 Page 11 of 213 Mayor Sanders asked to add an item to the future list: Review the overnight parking permit and review allowing an extended temporary permit. Council Member Rowe supported that the item be added. Discussion took place regarding adding an agenda item to the June 9, 2015, Council agenda regarding the Community Garden project. Mayor Sanders asked to add an item to the future list: Discussion of and take appropriate action regarding the Parks RFP. Additionally, he asked to add an item to the future list: Establish a reserve policy for Trophy Club Park. Council Member Reed asked to add an item to the future list: Town Staff research and present options for the Town to purchase the clock tower and the land around it. EXECUTIVE SESSION (TOWN SECRETARY NOTE: THE COUNCIL DID NOT ENTER INTO EXECUTIVE SESSION) 21. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 551.072, Deliberation about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Annex Building, and Potential Lease and/or Purchase of Property 22. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried unanimously. Meeting adjourned at 10:12 p.m. U Hoy Fim e , Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Joint and Regular Minutes May 26, 2015 Page 12 of 213 ATTACHMENT A April Financial Report FY 2015 Town Council Joint and Regular Minutes May 26, 2015 Page 13 of 213 GENERAL FUND SUMMARY YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Revenues Original Budget RevisedBudgetYear to Date Variance % Received Property Tax $ 5,166,466 $ 5,166,466 $ 5,165,456 $ (1,010) 100% Licenses and Permits 710,631 710,631 410,929 (299,702) 58% Franchise Fees 812,506 812,506 220,534 (591,972) 27% Sales Tax 676,323 698,133 427,408 (270,725) 61% Fines and Fees 466,101 571,101 228,284 (342,817) 40% Intergovernmental 192,901 127,231 71,152 (56,079) 56% Grants 77,018 77,018 57,423 (19,595) 75% Charges for Service 260,852 300,852 249,910 (50,942) 83% Investment Income 6,000 6,000 2,960 (3,040) 49% Miscellaneous Income 118,550 118,550 48,195 (70,355) 41% Total Revenues $ 8,487,348 $ 8,588,488 $ 6,882,250 $ (1,706,238) 80% Other Sources Original Budget RevisedBudgetYear to Date Variance % Received ransfers In $ 11,000 $ 11,000 $ 5,500 (5,500) 50% Total Available Resources $ 8,498,348 $ 8,599,488 $ 6,887,750 $ (1,711,738) 80% Expenditures Original Budget RevisedBudgetYear to Date Variance % Used Manager's Office $ 899,938 $ 1,051,078 $ 670,678 $ 380,400 64% Human Resources 92,495 90,495 40,725 49,770 45% Information Services 423,312 512,312 286,730 225,582 56% Legal 193,389 188,389 91,870 96,519 49% Police 2,110,098 2,005,098 1,061,345 943,753 53% Emergency Medical Services 1,016,722 1,002,722 455,835 546,887 45% Streets 411,677 456,677 238,348 218,329 52% Medians 299,310 291,310 154,272 137,038 53% Parks 1,043,416 1,025,916 479,976 545,940 47% Recreation 550,039 546,539 139,930 406,609 26% Community Events 60,201 60,201 21,286 38,915 35% Community Development 572,921 562,921 303,705 259,216 54% Finance 387,097 369,097 191,591 177,506 52% Municipal Court 85,936 84,936 42,875 42,061 50% Facilities Maintenance 111,042 111,042 85,520 25,522 77% Total Expenditures $ 8,257,593 $ 8,358,733 $ 4,264,687 $ 4,094,046 51% Other Uses Original Budget RevisedBudgetYear to Date Variance % Used ransfers Out $ (385,000) $ (385,000) $ - $ 385,000 0% Total Outflows of Resources $ 8,642,593 $ 8,743,733 $ 4,264,687 $ 4,479,046 49% Town Council Joint and Regular Minutes May 26, 2015 Page 14 of 213 Gross Sales Tax Receipts $200,000 $180,000 $160,000 — $140,000 $120,000 $100,000 ■ FY 2014 $80,000 ■ FY 2015 $60,000 $40,000 $20,000 $0 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP The large sales tax spike for February is due to a delinquent payment Town Council Joint and Regular Minutes May 26, 2015 Page 15 of 213 RevisedBudget Fund balance Original Budget Year to Date Beginning fund balance $ 2,960,660 $ 2,851,702 $ 3,045,021 + Net increase (Decrease) (144,245) (144,245) 2,623,063 From FY 2014 Audited Financial Statements Ending Fund Balance $ 2,816,415 $ 2,707,457 $ 5,668,084 Revised Fund balance Detail Original Budget Budget Year to Date Reserve Fund balance (30% of Total Expenditures) $ 2,477,278 $ 2,507,620 $ 1,279,406 Based on FY 2014 Audit Assigned Fund Balance 228,138 228,138 228,138 Numbers Unassigned Fund Balance in Excess (Deficit) of 30% 202,839 172,497 4,160,540 Total Fund balance $ 2,908,255 $ 2,908,255 $ 5,668,084 Gross Sales Tax Receipts $200,000 $180,000 $160,000 — $140,000 $120,000 $100,000 ■ FY 2014 $80,000 ■ FY 2015 $60,000 $40,000 $20,000 $0 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP The large sales tax spike for February is due to a delinquent payment Town Council Joint and Regular Minutes May 26, 2015 Page 15 of 213 Departmental Budget Reports YEAR TO DATE APRIL I Percent of Budget Year Transpired 58% Town Council Joint and Regular Minutes May 26, 2015 Page 16 of 213 Manager's Office General Fund Summary Category Original Budget Category Original Budget Revised Budget Year to Date Variance % Used Personnel Services & Supplies Capital $ 6,027,651 1,954,139 275,803 $ 6,013,791 2,014,139 330,803 $ 3,212,524 949,955 109,505 $ 2,801,267 1,064,184 221,298 53% 47% 33% Total $ 8,257,593 $ 8,358,733 $ 4,271,984 $ 4,086,749 51% Town Council Joint and Regular Minutes May 26, 2015 Page 16 of 213 Manager's Office Information Services Category Original Budget Revised Budget Year to Date Variance % Used Personnel $ 757,082 Services & Supplies 142,856 $ 921,722 $ 619,177 $ 129,356 51,502 302,545 77,855 67% 40% Total $ 899,938 $ 1,051,078 $ 670,678 $ 380,400 64% Personnel expenditures are higher than anticipated due to turnover and changes in the Manager's Office. Town Council Joint and Regular Minutes May 26, 2015 Page 16 of 213 Legal Information Services Category Original Budget Category Original Budget Revised Budget Year to Date Variance % Used Personnel $ 162,446 Services & Supplies 30,943 $ 157,446 30,943 $ 87,736 4,134 $ 69,710 26,809 56% 13% Total $ 193,389 $ 188,389 $ 91,870 $ 96,519 49% Town Council Joint and Regular Minutes May 26, 2015 Page 16 of 213 Human Resources Information Services Category Original Budget Revised Budget Year to Date Variance % Used Personnel $ 87,655 Services & Supplies 4,840 $ 85,655 $ 39,801 $ 4,840 924 45,854 3,916 46% 19% Total $ 92,495 $ 90,495 $ 40,725 $ 49,770 45% Town Council Joint and Regular Minutes May 26, 2015 Page 16 of 213 Information Services Category Original Budget Revised Budget Year to Date Variance % Used Personnel Services & Supplies Capital $ 191,325 200,374 31,613 $ 186,825 $ 293,874 31,613 102,567 $ 184,164 7,297 84,258 109,710 24,316 55% 63% 23% Total $ 423,312 $ 512,312 $ 286,730 $ 218,284 56% Services & Supplies are higher than anticipated due to the purchase of a hosted exchange and the MUD buyout. Town Council Joint and Regular Minutes May 26, 2015 Page 16 of 213 Departmental Budget Reports YEAR TO DATE APRIL IPercent of Budget Year Transpired 58% Town Council Joint and Regular Minutes May 26, 2015 Page 17 of 213 Police EMS Category Original Budget Category Original Budget Revised Budget Year to Date Variance % Used Personnel $ 1,868,734 Services & Supplies 241,364 $ 1,773,734 $ 231,364 946,542 114,803 $ 827,192 116,561 53% 50% Total $ 2,110,098 $ 2,005,098 $ 1,061,345 $ 943,753 53% Town Council Joint and Regular Minutes May 26, 2015 Page 17 of 213 Medians EMS Category Original Budget Category Original Budget Category Original Budget Revised Budget Year to Date Variance % Used Personnel Services & Supplies Capital $ 764,304 73,058 179,360 $ 750,304 73,058 179,360 $ 413,185 $ 42,650 - 337,119 30,408 179,360 55% 58% 0% Total $ 1,016,722 $ 1,002,722 $ 455,835 $ 546,887 45% Town Council Joint and Regular Minutes May 26, 2015 Page 17 of 213 Medians Streets Category Original Budget Category Original Budget Category Original Budget Revised Budget Year to Date Variance % Used Personnel Services & Supplies Capital $ 222,195 189,482 - $ 212,195 $ 189,482 55,000 106,442 76,724 55,181 $ 105,753 112,758 (181) 50% 40% 100% Total $ 411,677 $ 456,677 $ 238,348 $ 218,329 52% Town Council Joint and Regular Minutes May 26, 2015 Page 17 of 213 Medians Category Original Budget Category Original Budget Revised Budget Year to Date Variance % Used Personnel $ 151,083 Services & Supplies 148,227 $ 148,083 $ 143,227 79,374 $ 74,898 68,709 68,329 54% 52% Total $ 299,310 $ 291,310 $ 154,272 $ 137,038 53% Town Council Joint and Regular Minutes May 26, 2015 Page 17 of 213 Municipal Court Category Original Budget Revised Budget Year to Date Variance % Used Personnel $ 75,397 Services & Supplies 10,539 $ 74,397 $ 38,539 10,539 4,337 $ 35,858 6,202 52% 41% Total $ 85,936 $ 84,936 $ 42,875 $ 42,061 50% Town Council Joint and Regular Minutes May 26, 2015 Page 17 of 213 Departmental Budget Reports YEAR TO DATE APRIL I Percent of Budget Year Transpired 58% Facilities Maintenance Category Original Budget Revised Budget Year to Date Variance % Used Services & Supplies $ 111,042 $ 111,042 $ 85,520 $ 25,522 77% Total $ 111,042 $ 111,042 $ 85,520 $ 25,522 77% The Town's annual property insurance premiums were paid for in full under Facilities Maintenance in order to take advantage of an early payment discount. (This expenditure represents 50% of the department's budget, and the actual cost was $923 less than the budgeted amount.) Town Council Joint and Regular Minutes May 26, 2015 Page 18 of 213 Finance Category Original Budget Category Original Budget Revised Budget Year to Date Variance % Used Personnel $ 266,946 Services & Supplies 120,151 $ 248,946 $ 120,151 127,286 64,305 $ 121,660 55,846 51% 54% Total $ 387,097 $ 369,097 $ 191,591 $ 177,506 52% Facilities Maintenance Category Original Budget Revised Budget Year to Date Variance % Used Services & Supplies $ 111,042 $ 111,042 $ 85,520 $ 25,522 77% Total $ 111,042 $ 111,042 $ 85,520 $ 25,522 77% The Town's annual property insurance premiums were paid for in full under Facilities Maintenance in order to take advantage of an early payment discount. (This expenditure represents 50% of the department's budget, and the actual cost was $923 less than the budgeted amount.) Town Council Joint and Regular Minutes May 26, 2015 Page 18 of 213 Community Development Category Original Budget Revised Budget Year to Date Variance % Used Personnel $ 429,897 Services & Supplies 143,024 Capital - $ 419,897 $ 220,152 $ 143,024 60,638 - 22,915 199,745 82,386 (22,915) 52% 42% NA Total $ 572,921 $ 562,921 $ 303,705 $ 259,216 54% The capital expenditure of $22,915 is a part of $41,825 encumberance from last year. Facilities Maintenance Category Original Budget Revised Budget Year to Date Variance % Used Services & Supplies $ 111,042 $ 111,042 $ 85,520 $ 25,522 77% Total $ 111,042 $ 111,042 $ 85,520 $ 25,522 77% The Town's annual property insurance premiums were paid for in full under Facilities Maintenance in order to take advantage of an early payment discount. (This expenditure represents 50% of the department's budget, and the actual cost was $923 less than the budgeted amount.) Town Council Joint and Regular Minutes May 26, 2015 Page 18 of 213 Departmental Budget Reports YEAR TO DATE APRIL I Percent of Budget Year Transpired 58% Community Events Category Original Budget Revised Budget Year to Date Variance % Used Services & Supplies $ 60,201 $ 60,201 $ 21,286 $ 38,915 35% Total $ 60,201 $ 60,201 $ 21,286 $ 38,915 35% Town Council Joint and Regular Minutes May 26, 2015 Page 19 of 213 Recreation Parks Category Original Budget Revised Budget Year to Date Category Original Budget Revised Budget Year to Date Variance % Used Personnel Services & Supplies Capital $ 657,422 321,164 64,830 $ 644,922 $ 316,164 64,830 326,139 $ 129,725 24,112 318,783 186,439 40,718 51% 41% 37% Total $ 1,043,416 $ 1,025,916 $ 479,976 $ 545,940 47% Community Events Category Original Budget Revised Budget Year to Date Variance % Used Services & Supplies $ 60,201 $ 60,201 $ 21,286 $ 38,915 35% Total $ 60,201 $ 60,201 $ 21,286 $ 38,915 35% Town Council Joint and Regular Minutes May 26, 2015 Page 19 of 213 Recreation Category Original Budget Revised Budget Year to Date Variance % Used Personnel $ 393,165 Services & Supplies 156,874 $ 389,665 $ 105,585 $ 156,874 34,345 284,080 122,529 27% 22% Total $ 550,039 $ 546,539 $ 139,930 $ 406,609 26% Community Events Category Original Budget Revised Budget Year to Date Variance % Used Services & Supplies $ 60,201 $ 60,201 $ 21,286 $ 38,915 35% Total $ 60,201 $ 60,201 $ 21,286 $ 38,915 35% Town Council Joint and Regular Minutes May 26, 2015 Page 19 of 213 CAPITAL PROJECTS FUND YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Original Revised Other Sources Budet Bud et Year to Date Variance % Received g g Transfer In $ 385,000 $ 385,000 $ - $ - 0% Total $ 385,000 $ 385,000 $ - $ - NA Expenditures Original Revised Year to Date Variance % Used Budget Budget Capital Outlay 4,627,524 4,627,524 1,095,023 3,532,501 24% Total $ 4,627,524 $ 4,627,524 $ 1,095,023 $ 3,532,501 24% Original Revised Revised Fund Balance g Budget Revenues Beginning Fund Balance $ 4,275,854 Year to Date $ 4,505,273 Variance % Received (4,042,024) gud g et (1,030,510) Budget g From FY 2014 Audited Ending Fund Balance $ 233,830 $ 233,830 Contributions $ 200,000 $ 200,000 $ 63,367 $ 136,633 32% Interest Income $ 500 $ 500 $ 1,146 $ (646) 229% Total $ 200,500 $ 200,500 $ 64,513 $ 135,987 32% Original Revised Other Sources Budet Bud et Year to Date Variance % Received g g Transfer In $ 385,000 $ 385,000 $ - $ - 0% Total $ 385,000 $ 385,000 $ - $ - NA Expenditures Original Revised Year to Date Variance % Used Budget Budget Capital Outlay 4,627,524 4,627,524 1,095,023 3,532,501 24% Total $ 4,627,524 $ 4,627,524 $ 1,095,023 $ 3,532,501 24% Town Council Joint and Regular Minutes May 26, 2015 Page 20 of 213 OrigBudget Revised Fund Balance g Budget to Date Beginning Fund Balance $ 4,275,854 $ 4,275,854 $ 4,505,273 +Net Increase (Decrease) (4,042,024) (4,042,024) (1,030,510) From FY 2014 Audited Ending Fund Balance $ 233,830 $ 233,830 $ 3,474,763 1 Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 20 of 213 DEBT SERVICE FUND YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Original Revised Other Sources Bud et Bud et Year to Date Variance % Received g g Transfers In $ 127,350 $ 127,350 $ 18,200 $ 109,150 14% Total $ 127,350 $ 127,350 $ 18,200 $ 109,150 14% Expenditures Original Revised Year to Date Variance % Used Revenues $ 1,088,000 $ 1,088,000 to Date Variance % Received Interest Payments Bud g et BudgetYear 245,996 235,916 51% Property Tax $ 1,498,303 $ 1,498,303 $ 1,493,969 $ (4,334) 100% Interest Income 250 250 176 (74) 71% Total Revenue $ 1,498,553 $ 1,498,553 $ 1,494,145 $ (4,408) 100% Original Revised Other Sources Bud et Bud et Year to Date Variance % Received g g Transfers In $ 127,350 $ 127,350 $ 18,200 $ 109,150 14% Total $ 127,350 $ 127,350 $ 18,200 $ 109,150 14% Expenditures Original Budget Revised Budget Year to Date Variance % Used Principal Payments $ 1,088,000 $ 1,088,000 $ 470,000 $ 618,000 43% Interest Payments 481,912 481,912 245,996 235,916 51% Paying Agent Fees 3,750 3,750 2,000 1,750 53% Total Expenditures $ 1,573,662 $ 1,573,662 $ 717,996 $ 855,666 46% From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 21 of 213 Original Revised Fund Balance Year to Date Budget g Beginning Fund Balance $ 122,222 $ 122,222 $ 118,092 +Net Increase (Decrease) 52,241 52,241 794,350 Ending Fund Balance $ 174,463 $ 174,463 $ 912,442 From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 21 of 213 CRIME CONTROL PREVENTION DISTRICT YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Original Revised Revised Revenue Expenditures to Date Variance % Received Budget BudgetYear $ 92,246 Budget Sales Tax $ 147,272 $ 147,272 $ 95,327 $ (51,945) 65% Interest Income - - 58 58 NA Total Revenue $ 147,272 $ 147,272 $ 95,385 $ (51,887) 65% Original Revised Other Uses BudgetYear to Date Variance % Used Budget Transfer to Debt Service $ 75,000 $ 75,000 $ - $ 75,000 NA Total Other Uses $ 75,000 $ 75,000 $ - $ 75,000 NA Original Revised Fund Balance Expenditures Budget g Year to Date Year to Date Variance % Used $ 92,246 Budget Budget (11,192) (71,692) Services & Supplies $ 36,285 $ 36,285 $ 7,024 $ 29,261 19% Capital Expenses 47,179 107,679 36,466 71,213 34% Total Expenditure $ 83,464 $ 143,964 $ 43,490 $ 100,474 30% Capital Expenses: The Police department purchased a 2015 Chevrolet Tahoe & Police graphics for the vehicle Original Revised Other Uses BudgetYear to Date Variance % Used Budget Transfer to Debt Service $ 75,000 $ 75,000 $ - $ 75,000 NA Total Other Uses $ 75,000 $ 75,000 $ - $ 75,000 NA From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 22 of 213 Original Revised Fund Balance Budget g Budget g Year to Date Beginning Fund Balance $ 92,246 $ 92,246 $ 93,746 +Net Increase (Decrease) (11,192) (71,692) 51,895 Ending Fund Balance $ 81,054 $ 20,554 $ 145,641 From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 22 of 213 COURT SECURITY FUND YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Revenue OrigBudget Revised to Date Variance % Received g Budget Municipal Court Security Fee $ 3,788 $ 3,788 $ 1,562 $ (2,226) 41% Total Revenue $ 3,788 $ 3,788 $ 1,562 $ (2,226) 41% Original Revised Other Uses Bud et Bud et Year to Date Variance % Received g g Transfer to General Fund $ 3,000 $ 3,000 $ 1,500 $ 1,500 50% Total Other Uses $ 3,000 $ 3,000 $ 1,500 $ 1,500 50% Town Council Joint and Regular Minutes May 26, 2015 Page 23 of 213 Uriginall Kevisea Fund Balance Budget Budget Year to Date Beginning Fund Balance $ 22,526 $ 22,526 $ 22,293 From FY 2014 Audited +Net Increase (Decrease) 788 788 62 Financial Statements Ending Fund Balance $ 23,314 $ 23,314 $ 22,355 Town Council Joint and Regular Minutes May 26, 2015 Page 23 of 213 COURT TECHNOLOGY FUND YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Expenditures Original Revised Year to Date Variance % Used Budget Budget Purchased Services $ 5,730 $ 5,730 $ 803 $ 4,927 14% Total Expenditure $ 5,730 $ 5,730 $ 803 $ 4,927 14% Original Revised Revenue Budget g Year to Date Variance % Received Beginning Fund Balance Bud g et Budget g $ 23,960 Fines & Fees $ 5,000 $ 5,000 $ 2,083 $ (2,917) 42% Miscellaneous - - - - NA Total Revenue $ 5,000 $ 5,000 $ 2,083 $ (2,917) 42% Expenditures Original Revised Year to Date Variance % Used Budget Budget Purchased Services $ 5,730 $ 5,730 $ 803 $ 4,927 14% Total Expenditure $ 5,730 $ 5,730 $ 803 $ 4,927 14% From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 24 of 213 Original Revised Fund Balance Budget g Budget g Year to Date Beginning Fund Balance $ 22,071 $ 22,071 $ 23,960 +Net Increase (Decrease) (730) (730) 1,280 Ending Fund Balance $ 21,341 $ 21,341 $ 25,240 From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 24 of 213 ECONOMIC DEVELOPMENT COPORATION 4B YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Original Revised Revised Revenue Bdietl ug Year to Date Variance % Received Bud g et Budget g Variance % Used Sales Tax $ 327,272 $ 327,272 $ 206,408 $ 120,864 63% Interest Income 300 300 282 18 94% Total Revenue $ 327,572 $ 327,572 $ 206,690 $ 120,882 63% Original Revised Other Uses Original Budget Year to Date Variance % Used g g Transfer to General Fund $ 155,634 $ 89,964 $ 44,982 $ 44,982 50% Total Other Uses $ 155,634 $ 89,964 $ 44,982 $ 44,982 50% Original Revised Fund Balance Bdietl ug Expenditures Year to Date Year to Date Variance % Used Beginning Fund Balance Budget Budget $ 339,715 +Net Increase (Decrease) 2,612 Auditing $ 1,000 $ 1,000 $ 1,000 $ - 100% Advertising 3,000 3,000 2,280 720 76% Printing 500 500 - 500 0% Schools & Training 2,120 2,120 270 1,850 13% Dues & Membership 1,050 1,050 - 1,050 0% Travel & Per Diem 1,533 1,533 30 1,503 2% Office Supplies 400 400 15 385 4% Miscellaneous Expense 7,100 7,100 3,911 3,189 55% Capital EDC Projects 11,850 11,850 - 11,850 0% Incentive Programs 140,773 140,773 35,193 105,580 25% Total Expenditures $ 169,326 $ 169,326 $ 42,699 $ 126,627 25% Original Revised Other Uses Original Budget Year to Date Variance % Used g g Transfer to General Fund $ 155,634 $ 89,964 $ 44,982 $ 44,982 50% Total Other Uses $ 155,634 $ 89,964 $ 44,982 $ 44,982 50% From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 25 of 213 Revised Fund Balance Bdietl ug Year to Date g Beginning Fund Balance $ 167,530 $ 167,530 $ 339,715 +Net Increase (Decrease) 2,612 68,282 119,009 Ending Fund Balance $ 170,142 $ 235,812 $ 458,724 From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 25 of 213 HOTEL OCCUPANCY YEAR TO DATE APRIL Percent of Budget Year Transpired 58% From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 26 of 213 Original Revised Fund Balance Revenue Year to Date Year to Date Variance % Received Beginning Fund Balance gud g et Budget g $ 283,481 +Net Increase (Decrease) 194,891 Hotel Occupancy Tax $ 233,416 $ 233,416 $ 145,201 $ (88,215) 62% Interest income 300 300 254 (46) 85% Total Revenue $ 233,716 $ 233,716 $ 145,456 $ (88,260) 62% From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 26 of 213 Original Revised Fund Balance Expenditures Year to Date Year to Date Variance % Used Beginning Fund Balance Budget Budget $ 283,481 +Net Increase (Decrease) 194,891 Printing $ - $ - $ 14,150 $ (14,150) N/A Event Rentals $ 38,825 $ 38,825 $ 8,105 $ 30,720 21% Total Expenditures $ 38,825 $ 38,825 $ 22,255 $ 16,570 57% From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 26 of 213 Original Revised Fund Balance Year to Date Budget g Budget g Beginning Fund Balance $ 285,590 $ 285,590 $ 283,481 +Net Increase (Decrease) 194,891 194,891 123,201 Ending Fund Balance $ 480,481 $ 480,481 $ 406,682 From FY 2014 Audited Financial Statements Town Council Joint and Regular Minutes May 26, 2015 Page 26 of 213 STORM DRAINAGE UTILITY FUND YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Other Uses OrigBudget Revised to Date Variance % Used g Budget Transfer to Debt Service $ 27,350 $ 27,350 $ 5,700 $ 21,650 21% Total Other Uses $ 27,350 $ 27,350 $ 5,700 $ 21,650 21% Working Capital Year to Date Operating Days Beginning Working Capital $ 155,056 145 +Net Increase (Decrease) 188,336 176 Ending Working Capital $ 343,392 321 Drainage Capital Projects Original RevisedYear to Date Budget Budget 2013 CO Proceeds $ Original Revised 688,867 Operating Funds Expenses Revenue 164,000 Year to Date Year to Date Variance % Received g Bud g et Budget g Operating Expenses 178,283 178,283 Storm Drainage Fees $ 402,800 $ 402,800 $ 237,296 $ (165,504) 59% Miscellaneous Revenue 21,000 21,000 - (21,000) NA Interest Income 100 100 39 (61) NA Total Revenue $ 423,900 $ 423,900 $ 237,335 $ (186,565) 56% Other Uses OrigBudget Revised to Date Variance % Used g Budget Transfer to Debt Service $ 27,350 $ 27,350 $ 5,700 $ 21,650 21% Total Other Uses $ 27,350 $ 27,350 $ 5,700 $ 21,650 21% Working Capital Year to Date Operating Days Beginning Working Capital $ 155,056 145 +Net Increase (Decrease) 188,336 176 Ending Working Capital $ 343,392 321 Drainage Capital Projects Original RevisedYear to Date Budget Budget 2013 CO Proceeds $ Original Revised 688,867 Operating Funds Expenses 164,000 164,000 Year to Date Variance % Used Budget g (313,174) (313,174) Operating Expenses 178,283 178,283 29,185 149,098 16% Debt Service 178,963 178,963 14,114 164,849 NA Total Expenses $ 357,246 $ 357,246 $ 43,299 $ 313,947 12% Other Uses OrigBudget Revised to Date Variance % Used g Budget Transfer to Debt Service $ 27,350 $ 27,350 $ 5,700 $ 21,650 21% Total Other Uses $ 27,350 $ 27,350 $ 5,700 $ 21,650 21% Working Capital Year to Date Operating Days Beginning Working Capital $ 155,056 145 +Net Increase (Decrease) 188,336 176 Ending Working Capital $ 343,392 321 Drainage Capital Projects Original RevisedYear to Date Budget Budget 2013 CO Proceeds $ 578,174 $ 578,174 $ 688,867 Operating Funds 164,000 164,000 164,000 Project Detail Indian Creek (313,174) (313,174) (343,821) Timber Ridge/Fresh Meadow - - (22,599) Cypress Court Drainage Inlets (30,000) (30,000) - Pin Oak Court (80,000) (80,000) - Pebble Beach Drive (205,000) (205,000) - Broadway Creek Improvements and Amenity Lake Slopes (114,000) (114,000) - Remaining Funding $ - $ - $ 486,447 Town Council Joint and Regular Minutes May 26, 2015 Page 27 of 213 STREET MAINTENANCE SALES TAX FUND YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Original Revised Revenue Original to Date Variance % Received Bud g et BudgetYear Year to Date Sales Tax $ 163,636 $ 163,636 $ 103,204 $ (60,432) 63% Interest Income $ - $ - $ 9 $ 9 N/A Total Revenue $ 163,636 $ 163,636 $ 103,213 $ (60,432) 63% Original Revised Expenditures BudgetYear to Date Variance % Used Budget Operating Expenditures $ 131,300 $ 131,300 $ 49,859 $ 113,402 38% Total Expenses $ 131,300 $ 131,300 $ 49,859 $ 81,441 38% Original Revised Other Uses BudgetYear to Date Variance % Used Budget Transfer To Debt Service $ 25,000 $ 25,000 $ 12,500 $ 12,500 50% Total Other Uses $ 25,000 $ 25,000 $ 12,500 $ 12,500 50% Town Council Joint and Regular Minutes May 26, 2015 Page 28 of 213 Original Revised Fund Balance Year to Date Budget g Budget g Beginning Fund Balance $ 24,268 $ 24,268 $ 39,915 From FY 2014 Audited +Net Increase (Decrease) 7,336 7,336 40,854 Financial Statements Ending Fund Balance $ 31,604 $ 31,604 $ 80,769 Town Council Joint and Regular Minutes May 26, 2015 Page 28 of 213 TROPHY CLUB PARK FUND Original Revised YEAR TO DATE APRIL Expenses r Percent of Budget Year Transpired 58% Year to Date Original Variance Revised gud g et Revenue Budget g Year to Date Variance %Received $ 43,008 gud g et 43,008 Budget g 21,126 $ 21,882 Park Revenue $ 153,752 $ 153,752 $ 71,477 $ (82,275) 46% Interest Income $ - $ - $ 6 $ 6 NA Total Revenue $ 153,752 $ 153,752 $ 71,483 $ (82,269) 46% Town Council Joint and Regular Minutes May 26, 2015 Page 29 of 213 Original Revised Expenses Year to Date Variance %Used gud g et Budget g Salaries $ 43,008 $ 43,008 $ 21,126 $ 21,882 49% Longevity 112 112 112 - 100% Stipend 300 300 900 (600) 300% Retirement 4,222 4,222 1,954 2,268 46% Medical Insurance 2,826 2,826 1,386 1,440 49% Dental Insurance 155 155 120 35 78% Vision Insurance 32 32 18 14 56% Life Insurance & Other 211 211 115 96 55% Social Security Taxes 2,673 2,673 1,342 1,331 50% Medicare Taxes 630 630 314 316 50% Unemployment Taxes 306 306 67 239 22% Workman's compensation 1,033 1,033 - 1,033 0% Total Personnel Services $ 55,508 $ 55,508 $ 27,455 $ 28,053 49% Professional Outside Services $ 5,000 $ 5,000 $ 2,470 $ 2,530 49% Auditing 1,000 1,000 1,000 - 100% Software & Support 3,849 3,849 212 3,637 6% Advertising 1,500 1,500 161 1,340 11% Printing 1,416 1,416 1,244 172 88% Schools & Training 340 340 - 340 0% Service Charges & Fees 6,000 6,000 4,507 1,493 75% Electricity 3,600 3,600 1,343 2,257 37% Water 1,697 1,697 967 730 57% Telephone 1,600 1,600 1,043 557 65% Communication/Pagers/Mo biles 1,560 1,560 1,059 501 68% Property Maintenance 10,500 10,500 13,174 (2,674) 125% Equipment Maintenance 2,426 2,426 664 1,762 27% Independent labor 10,200 10,200 5,600 4,600 55% Portable Toilets 4,000 4,000 2,126 1,874 53% Dues & Membership 320 320 30 290 9% Travel & Per Diem 387 387 1,143 (756) 295% Office Supplies 1,013 1,013 670 343 66% Postage 318 318 - 318 0% Fuel 1,490 1,490 608 882 41% Uniforms 645 645 310 335 48% Community Events 6,500 6,500 10,942 (4,442) 168% Small tools 1,400 1,400 30 1,370 2% Furniture/Equipment <$5,000 1,720 1,720 1,867 (147) 109% Maintenance Supplies 451 451 241 210 53% Miscellaneous Expense 557 557 60 497 11% Total Services & Supplies $ 69,489 $ 69,489 $ 51,471 $ 18,018 74% Town Council Joint and Regular Minutes May 26, 2015 Page 29 of 213 TROPHY CLUB PARK FUND CONTINUED Capital Expense $ 25,330 $ 25,330 $ 24,112 $ 1,218 95% Total Expenses $ 150,327 $ 150,327 $ 103,037 $ 47,290 69% Original Revised Other Uses et Budget Year to Date Variance %Used gud g g Park Administration Transfer $ 8,000 $ 8,000 $ 4,000 $ 4,000 50% Total Other Uses $ 8,000 $ 8,000 $ 4,000 $ 4,000 50% Working Capital Year to Date Operating Days Beginning Working Capital $ 1,830 4 +Net Increase (Decrease) (35,554) (81) Ending Working Capital $ (33,724) (77) Town Council Joint and Regular Minutes May 26, 2015 Page 30 of 213 RECREATIONAL PROGRAMS YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Revenue Original Revised Year to Date Variance % Received Budget Budget tecreational Programs $ 4,000 $ 4,000 $ 2,558 $ (1,442) 64% otal Revenue $ 4,000 $ 4,000 $ 2,558 $ (1,442) NA Expenditures Original Revised year to Date Variance % Used Budget Budget recreational Programs $ 4,000 $ 4,000 $ 5,531 $ (1,531) 138% otal Expenditures $ 4,000 $ 4,000 $ 5,531 $ (1,531) NA Town Council Joint and Regular Minutes May 26, 2015 Page 31 of 213 Original Revised Fund Balance Budget Budget Year to Date Beginning Fund Balance $ 4,000 $ 4,000 $ 2,812 +Net Increase (Decrease) - - (2,973) Ending Fund Balance $ 4,000 $ 4,000 $ (161) Town Council Joint and Regular Minutes May 26, 2015 Page 31 of 213 30TH ANNIVERSARY FUND YEAR TO DATE APRIL Percent of Budget Year Transpired 58% Original Revised Revenue BudgetYear to Date Variance % Received Budget Donations $ - $ - $ 10,624 $ 10,624 NA Total Revenue $ - $ - $ 10,624 $ 10,624 NA Original Revised Expenditures BudgetYear to Date Variance % Used Budget Community Events $ - $ - $ 8,175 $ (8,175) NA Total Expenditures $ - $ - $ 8,175 $ (8,175) NA Town Council Joint and Regular Minutes May 26, 2015 Page 32 of 213 Revised Fund Balance Bdsel ug Year to Date g Beginning Fund Balance $ 2,114 $ 2,114 $ 2,114 +Net Increase (Decrease) - - 2,450 Ending Fund Balance $ 2,114 $ 2,114 $ 4,564 Town Council Joint and Regular Minutes May 26, 2015 Page 32 of 213 ATTACHMENT B April General Fund Budget Report Town Council Joint and Regular Minutes May 26, 2015 Page 33 of 213 C*� TOWN OF TROPHY LLB Town of Trophy Club, TX Budget Report Account Summary For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund: 01 -GENERAL FUND Revenue Department: 000 - General Category: 40 - Taxes 01-000-40100 Property Taxes 5,138,466.00 5,138,466.00 49,212.81 5,109,913.11 -28,552.89 0.56% 01-000-40125 Property Taxes/Delinquent 15,000.00 15,000.00 30,152.28 36,388.04 21,388.04 242.59% 01-000-40150 Property Taxes/Penalty & Interest 13,000.00 13,000.00 14,109.34 19,154.55 6,154.55 147.34% 01-000-40300 Sales Tax - General 654,543.00 676,353.00 50,647.90 412,816.37 -263,536.63 38.96% 01-000-40360 Mixed Beverage Tax 21,780.00 21,780.00 3,731.77 14,591.37 -7,188.63 33.01% Category: 40 - Taxes Total: 5,842,789.00 5,864,599.00 147,854.10 5,592,863.44 -271,735.56 4.63% Category: 41- Licenses & Permits 01-000-41050 Electric Franchise 389,270.00 389,270.00 6,671.92 30,936.34 -358,333.66 92.05% 01-000-41100 Gas Franchise 69,690.00 69,690.00 0.00 0.00 -69,690.00 100.00% 01-000-41150 Telecommunication Franchise 49,188.00 49,188.00 2,023.64 28,478.50 -20,709.50 42.10% 01-000-41200 Cable Franchise 221,453.00 221,453.00 0.00 111,255.44 -110,197.56 49.76% 01-000-41250 Refuse Franchise 82,905.00 82,905.00 7,050.50 49,863.35 -33,041.65 39.85% 01-000-41300 Building Permits 500,952.00 500,952.00 36,967.52 289,577.21 -211,374.79 42.19% 01-000-41330 Miscellaneous Permits 209,679.00 209,679.00 12,830.38 121,351.78 -88,327.22 42.12% Category: 41 - Licenses & Permits Total: 1,523,137.00 1,523,137.00 65,543.96 631,462.62 -891,674.38 58.54 Category: 42 - Intergovernmental 01-000-42000 MUD Service Contract 26,271.00 26,271.00 0.00 26,170.00 -101.00 0.38% 01-000-42100 Intergovernmental Transfer MUD 10,996.00 10,996.00 0.00 0.00 -10,996.00 100.00% 01-000-42150 Intergovernmental Transfer EDC 155,634.00 89,964.00 0.00 44,982.00 -44,982.00 50.00% 01-000-42500 Grant Revenue 77,018.00 77,018.00 19,125.87 57,422.99 -19,595.01 25.44% Category: 42 - Intergovernmental Total: 269,919.00 204,249.00 19,125.87 128,574.99 -75,674.01 37.05 Category: 43 - Fines & Fees 01-000-43002 City Vehicle Registration Fees/Child S... 10,000.00 10,000.00 0.00 11,087.82 1,087.82 110.88% 01-000-43003 TC Magazine 0.00 0.00 0.00 5,250.00 5,250.00 0.00% 01-000-43005 Golf Cart Registration 1,000.00 1,000.00 250.00 700.00 -300.00 30.00% 01-000-43011 Records Management Revenue 500.00 500.00 309.90 542.90 42.90 108.58% 01-000-43100 Municipal Court Fines/Fees 128,750.00 128,750.00 10,160.06 60,890.90 -67,859.10 52.71% 01-000-43105 Municipal Court - Child Safety Fees 5,665.00 5,665.00 500.00 2,475.00 -3,190.00 56.31% 01-000-43220 Zoning Fees 0.00 0.00 0.00 300.00 300.00 0.00% 01-000-43225 Platting Fees 3,000.00 3,000.00 0.00 351.50 -2,648.50 88.28% 01-000-43230 Developer Fees 30,000.00 135,000.00 0.00 134,955.79 -44.21 0.03% 01-000-43240 P&Z Administrative Fees 3,000.00 3,000.00 30.00 1,140.00 -1,860.00 62.00% 01-000-43310 Day Camp Programs 60,000.00 60,000.00 0.00 0.00 -60,000.00 100.00% 01-000-43315 Community Events Revenue 1,200.00 1,200.00 0.00 0.00 -1,200.00 100.00% 01-000-43320 Pool Entry Fees 123,789.00 123,789.00 0.00 0.00 -123,789.00 100.00% 01-000-43325 Pool Rentals 19,480.00 19,480.00 0.00 0.00 -19,480.00 100.00% 01-000-43330 Swim Team Programs 26,260.00 26,260.00 0.00 0.00 -26,260.00 100.00% 01-000-43335 Aquatic Programs 19,190.00 19,190.00 0.00 0.00 -19,190.00 100.00% 01-000-43340 Pool Concessions 23,000.00 23,000.00 0.00 0.00 -23,000.00 100.00% 01-000-43425 Denton/Tarrant County- EMS 5,000.00 5,000.00 0.00 5,562.00 562.00 111.24% 01-000-43600 Animal Control 3,500.00 3,500.00 405.00 2,319.00 -1,181.00 33.74% 01-000-43650 Miscellaneous Police Revenue 1,500.00 1,500.00 20.00 148.40 -1,351.60 90.11% 01-000-43800 Convenience Fees 1,267.00 1,267.00 1,756.67 2,560.93 1,293.93 202.13% Category: 43 - Fines & Fees Total: 466,101.00 571,101.00 13,431.63 228,284.24 -342,816.76 60.03 Category: 44 - Charges for Services 01-000-44000 EMS Runs 150,072.00 150,072.00 16,418.31 99,193.38 -50,878.62 33.90% 01-000-44001 NISD Contract for SRO 102,780.00 102,780.00 0.00 102,779.34 -0.66 0.00% 5/21/2015 12:08:36 PM Page 1 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 34 of 213 Budget Report For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 01-000-44003 PID Reimbursement 8,000.00 48,000.00 0.00 47,715.16 -284.84 0.59% 01-000-44006 CIA Lien Revenues 0.00 0.00 0.00 221.75 221.75 0.00% Category: 44 - Charges for Services Total: 260,852.00 300,852.00 16,418.31 249,909.63 -50,942.37 16.93 Category: 45 - Rents 01-000-45100 Recreation Rentals 33,000.00 33,000.00 20.00 15,240.00 -17,760.00 53.82% 01-000-45150 Cell Tower Lease Revenue 34,500.00 34,500.00 2,875.00 20,125.00 -14,375.00 41.67% Category: 45 - Rents Total: 67,500.00 67,500.00 2,895.00 35,365.00 -32,135.00 47.61 Category: 46 - Contributions and Donations 01-000-46000 Donations 0.00 0.00 135.15 1,315.15 1,315.15 0.00% Category: 46 - Contributions and Donations Total: 0.00 0.00 135.15 1,315.15 1,315.15 0.00 Category: 47 - Investment Income 01-000-47000 Interest Income 6,000.00 6,000.00 544.04 2,924.61 -3,075.39 51.26% Category: 47 - Investment Income Total: 6,000.00 6,000.00 544.04 2,924.61 -3,075.39 51.26 Category: 49 - Other Financing Sources 01-000-49220 Transfer In 11,000.00 11,000.00 0.00 5,500.00 -5,500.00 50.00% Category: 49 - Other Financing Sources Total: 11,000.00 11,000.00 0.00 5,500.00 -5,500.00 50.00 Category: 51- Miscellaneous 01-000-51012 Miscellaneous Revenue 51,050.00 51,050.00 940.30 11,514.75 -39,535.25 77.44% Category: 51- Miscellaneous Total: 51,050.00 51,050.00 940.30 11,514.75 -39,535.25 77.44 Department: 000 - General Total: 8,498,348.00 8,599,488.00 266,888.36 6,887,714.43 -1,711,773.57 19.91 Revenue Total: 8,498,348.00 8,599,488.00 266,888.36 6,887,714.43 -1,711,773.57 19.91% Expense Department: 000 - General Category: 99 - Other Financing Uses 01-000-99150 Transfer Out 385,000.00 385,000.00 0.00 0.00 385,000.00 100.00% 01-000-99500 Transfer to Future Replacement Rese... 233,243.00 233,243.00 0.00 116,621.50 116,621.50 50.00% Category: 99 - Other Financing Uses Total: 618,243.00 618,243.00 0.00 116,621.50 501,621.50 81.14 Department: 000 - General Total: 618,243.00 618,243.00 0.00 116,621.50 501,621.50 81.14 Department: 140 - Manager's Office Category: 50 - Personnel Services 01-140-50100 Salaries - Regular 523,682.00 673,682.00 37,059.53 461,784.98 211,897.02 31.45% 01-140-50140 Salaries - Longevity 1,863.00 1,863.00 0.00 1,882.50 -19.50 -1.05% 01-140-50145 Salaries - Stipend 4,500.00 4,500.00 0.00 4,000.00 500.00 11.11% 01-140-51200 Retirement 115,002.00 130,002.00 5,967.32 91,947.50 38,054.50 29.27% 01-140-51210 Medical Insurance 51,838.00 51,838.00 3,922.73 23,147.01 28,690.99 55.35% 01-140-51215 Dental Insurance 3,828.00 3,828.00 263.35 1,660.33 2,167.67 56.63% 01-140-51216 Vision Insurance 819.00 819.00 52.02 349.09 469.91 57.38% 01-140-51218 Life Insurance & Other 3,445.00 3,445.00 252.14 1,547.34 1,897.66 55.08% 01-140-52220 Social Security Taxes 29,400.00 31,400.00 2,208.24 18,479.88 12,920.12 41.15% 01-140-52225 Medicare Taxes 7,686.00 9,686.00 516.42 6,727.81 2,958.19 30.54% 01-140-52250 Unemployment Taxes 1,242.00 1,242.00 1,792.08 2,018.68 -776.68 -62.53% 01-140-52260 Workman's Compensation 1,327.00 1,327.00 0.00 283.13 1,043.87 78.66% 01-140-52290 Pre-employment Physicals/Testing 0.00 0.00 0.00 112.90 -112.90 0.00% 01-140-52950 Auto Allowance 12,000.00 7,640.00 500.00 5,140.00 2,500.00 32.72% 01-140-52960 Employee Relations 450.00 450.00 46.99 95.42 354.58 78.80% Category: 50 - Personnel Services Total: 757,082.00 921,722.00 52,580.82 619,176.57 302,545.43 32.82 Category: 60 - Purchased Services 01-140-60100 Professional Outside Services 2,000.00 2,000.00 0.00 0.00 2,000.00 100.00% 01-140-60110 TC Magazine 0.00 0.00 0.00 13,050.00 -13,050.00 0.00% 01-140-60805 Records Management 1,584.00 1,584.00 131.50 1,020.50 563.50 35.57% 01-140-61500 Newsletter/Year-in-Review 10,000.00 10,000.00 0.00 0.00 10,000.00 100.00% 01-140-62100 Elections 24,000.00 10,500.00 0.00 10,546.18 -46.18 -0.44% 01-140-63200 Advertising 3,000.00 3,000.00 0.00 314.30 2,685.70 89.52% 01-140-63250 Printing 2,000.00 2,000.00 0.00 302.50 1,697.50 84.88% 01-140-63551 Schools & Training 3,775.00 3,775.00 245.00 582.25 3,192.75 84.58% 5/21/2015 12:08:36 PM Page 2 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 35 of 213 Budget Report 01-140-64300 Telephone 01-140-64400 Communications /Pagers/Mobiles 01-140-67000 Independent Labor 01-140-68100 Dues & Membership 01-140-68200 Travel & per diem 01-140-68600 Meetings 01-251-50140 Category: 60 - Purchased Services Total: Category: 70 - Supplies 01-251-50145 01-140-70100 Office Supplies 01-140-70300 Postage 01-140-70400 Publications/Books/Subscriptions 01-140-70600 Mayor/Council Expense 01-140-79100 Maintenance Supplies 01-140-79900 Contingency Expense 01-140-79999 Miscellaneous Expense 1,700.00 Category: 70 - Supplies Total: 187.50 Department: 140 - Manager's Office Total: Department: 160 - Legal 47.85% Category: 50 - Personnel Services 01-160-50100 Salaries - Regular 01-160-50140 Salaries - Longevity 01-160-50145 Salaries - Stipend 01-160-51200 Retirement 01-160-51210 Medical Insurance 01-160-51215 Dental Insurance 01-160-51216 Vision Insurance 01-160-51218 Life Insurance & Other 01-160-52220 Social Security Taxes 01-160-52225 Medicare Taxes 01-160-52250 Unemployment Taxes 01-160-52260 Workman's Compensation 3,000.00 Category: 50 - Personnel Services Total: Category: 60 - Purchased Services 01-160-60100 Professional Outside Services 01-160-63551 Schools & Training 01-160-64300 Telephone 01-160-64400 Communications /Pagers/Mobiles 01-160-68100 Dues & Membership 01-160-68200 Travel & per diem 23.00 Category: 60 - Purchased Services Total: Category: 70 - Supplies 20,402.00 01-160-70100 Office Supplies 01-160-70300 Postage 01-160-70400 Publications/Books/Subscriptions 01-160-79999 Miscellaneous Expense Category: 70 - Supplies Total: Department: 160 - Legal Total: Department: 251- Police 116,233.00 8,889.76 Category: 50 - Personnel Services 45.39% 01-251-50100 Salaries - Regular 01-251-50130 Salaries - Overtime 01-251-50140 Salaries - Longevity 01-251-50145 Salaries - Stipend 01-251-50160 Salaries - Certification 01-251-50180 Salaries - Holiday Pay 01-251-51200 Retirement For Fiscal: 2014-2015 Period Ending: 04/30/2015 899,938.00 1,051,078.00 54,277.37 670,678.07 380,399.93 36.19 116,233.00 116,233.00 8,889.76 63,472.89 Variance 45.39% Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 500.00 500.00 0.00 0.00 500.00 100.00% 4,980.00 4,980.00 338.88 1,979.74 3,000.26 60.25% 1,700.00 1,700.00 187.50 886.50 813.50 47.85% 19,294.00 19,294.00 0.00 9,724.80 9,569.20 49.60% 7,678.00 7,678.00 158.93 1,437.64 6,240.36 81.28% 9,608.00 9,608.00 162.18 1,204.95 8,403.05 87.46% 90,119.00 76,619.00 1,223.99 41,049.36 35,569.64 46.42 3,000.00 3,000.00 131.83 1,340.03 1,659.97 55.33% 2,187.00 2,187.00 1.65 829.66 1,357.34 62.06% 48.00 48.00 0.00 25.00 23.00 47.92% 20,402.00 20,402.00 200.52 5,603.36 14,798.64 72.54% 100.00 100.00 0.00 0.00 100.00 100.00% 25,000.00 25,000.00 0.00 2,515.53 22,484.47 89.94% 2,000.00 2,000.00 138.56 138.56 1,861.44 93.07% 52,737.00 52,737.00 472.56 10,452.14 42,284.86 80.18 899,938.00 1,051,078.00 54,277.37 670,678.07 380,399.93 36.19 116,233.00 116,233.00 8,889.76 63,472.89 52,760.11 45.39% 1,058.00 1,058.00 0.00 1,057.50 0.50 0.05% 750.00 750.00 0.00 750.00 0.00 0.00% 28,203.00 23,203.00 1,836.62 13,752.29 9,450.71 40.73% 5,570.00 5,570.00 464.14 3,059.61 2,510.39 45.07% 387.00 387.00 32.26 214.21 172.79 44.65% 81.00 81.00 6.76 44.89 36.11 44.58% 696.00 696.00 57.46 381.53 314.47 45.18% 7,254.00 7,254.00 551.16 4,047.32 3,206.68 44.21% 1,712.00 1,712.00 128.90 946.55 765.45 44.71% 207.00 207.00 0.00 9.00 198.00 95.65% 295.00 295.00 0.00 0.00 295.00 100.00% 162,446.00 157,446.00 11,967.06 87,735.79 69,710.21 44.28 20,000.00 20,000.00 0.00 197.50 19,802.50 99.01% 450.00 450.00 0.00 0.00 450.00 100.00% 76.00 76.00 0.00 0.00 76.00 100.00% 624.00 624.00 50.80 234.06 389.94 62.49% 475.00 475.00 0.00 75.00 400.00 84.21% 1,500.00 1,500.00 0.00 742.77 757.23 50.48% 23,125.00 23,125.00 50.80 1,249.33 21,875.67 94.60 130.00 130.00 17.13 59.69 70.31 54.08% 10.00 10.00 0.00 35.37 -25.37 -253.70% 7,628.00 7,628.00 0.00 2,790.00 4,838.00 63.42% 50.00 50.00 0.00 0.00 50.00 100.00% 7,818.00 7,818.00 17.13 2,885.06 4,932.94 63.10 193,389.00 188,389.00 12,034.99 91,870.18 96,518.82 51.23 1,249,755.00 1,189,755.00 82,782.34 629,751.97 560,003.03 47.07% 46,324.00 71,324.00 2,740.91 36,878.13 34,445.87 48.29% 12,728.00 12,728.00 0.00 12,072.50 655.50 5.15% 15,750.00 15,750.00 0.00 16,600.00 -850.00 -5.40% 12,000.00 12,000.00 1,000.00 6,651.00 5,349.00 44.58% 25,080.00 20,080.00 0.00 19,836.44 243.56 1.21% 217,589.00 177,589.00 10,705.43 94,236.53 83,352.47 46.94% 5/21/2015 12:08:36 PM Page 3 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 36 of 213 Budget Report For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 01-251-51210 Medical Insurance 127,636.00 112,636.00 8,120.12 57,324.23 55,311.77 49.11% 01-251-51215 Dental Insurance 10,321.00 10,321.00 640.21 4,634.86 5,686.14 55.09% 01-251-51216 Vision Insurance 2,271.00 2,271.00 141.20 1,025.33 1,245.67 54.85% 01-251-51218 Life Insurance & Other 10,882.00 10,882.00 680.26 4,932.85 5,949.15 54.67% 01-251-52220 Social Security Taxes 83,445.00 83,445.00 5,146.57 43,209.20 40,235.80 48.22% 01-251-52225 Medicare Taxes 19,752.00 19,752.00 1,203.69 10,105.71 9,646.29 48.84% 01-251-52250 Unemployment Taxes 5,085.00 5,085.00 24.69 1,022.43 4,062.57 79.89% 01-251-52260 Workman's Compensation 27,116.00 27,116.00 0.00 6,493.63 20,622.37 76.05% 01-251-52290 Pre-employment Physicals/Testing 1,200.00 1,200.00 0.00 771.48 428.52 35.71% 01-251-52940 Clothing Allowance 1,800.00 1,800.00 75.00 996.00 804.00 44.67% Category: 50 - Personnel Services Total: 1,868,734.00 1,773,734.00 113,260.42 946,542.29 827,191.71 46.64 Category: 60 - Purchased Services 01-251-60100 Professional Outside Services 0.00 0.00 1,540.00 3,390.00 -3,390.00 0.00% 01-251-63250 Printing 800.00 800.00 0.00 7.50 792.50 99.06% 01-251-63551 Schools & Training 5,500.00 5,500.00 407.98 1,848.77 3,651.23 66.39% 01-251-64000 Electricity 18,500.00 18,500.00 1,159.25 6,697.56 11,802.44 63.80% 01-251-64100 Water 1,500.00 1,500.00 58.58 505.28 994.72 66.31% 01-251-64300 Telephone 1,000.00 1,000.00 0.00 0.00 1,000.00 100.00% 01-251-64400 Communications /Pagers/Mobiles 12,864.00 12,864.00 1,043.18 5,850.12 7,013.88 54.52% 01-251-65200 Building Maintenance 12,500.00 12,500.00 2,869.06 9,830.29 2,669.71 21.36% 01-251-65300 Vehicle Maintenance 21,730.00 21,730.00 2,493.73 10,905.14 10,824.86 49.82% 01-251-65350 Equipment Maintenance 4,250.00 4,250.00 0.00 3,214.45 1,035.55 24.37% 01-251-65400 Cleaning Services 0.00 0.00 0.00 196.53 -196.53 0.00% 01-251-66200 Qualifying Expenses 5,400.00 5,400.00 0.00 424.98 4,975.02 92.13% 01-251-66250 Emergency Management 2,000.00 2,000.00 0.00 1,000.00 1,000.00 50.00% 01-251-66500 Dispatch - Denton County 34,600.00 34,600.00 3,067.95 21,475.75 13,124.25 37.93% 01-251-67000 Independent Labor 6,000.00 6,000.00 300.00 1,800.00 4,200.00 70.00% 01-251-68100 Dues & Membership 2,250.00 2,250.00 0.00 195.00 2,055.00 91.33% 01-251-68200 Travel & per diem 5,000.00 5,000.00 929.79 3,253.49 1,746.51 34.93% 01-251-68600 Meetings 375.00 375.00 0.00 39.54 335.46 89.46% Category: 60 - Purchased Services Total: 134,269.00 134,269.00 13,869.52 70,634.40 63,634.60 47.39 Category: 70 - Supplies 01-251-70100 Office Supplies 2,500.00 2,500.00 355.88 1,429.88 1,070.12 42.80% 01-251-70300 Postage 900.00 900.00 23.39 221.60 678.40 75.38% 01-251-70400 Publications/Books/Subscriptions 350.00 350.00 0.00 0.00 350.00 100.00% 01-251-71000 Fuel 58,995.00 48,995.00 2,244.31 14,598.99 34,396.01 70.20% 01-251-72100 Uniforms 14,500.00 14,500.00 1,025.90 11,251.55 3,248.45 22.40% 01-251-72150 Protective Clothing 3,950.00 3,950.00 0.00 3,242.31 707.69 17.92% 01-251-72400 Investigative Materials 6,500.00 6,500.00 0.00 6,491.05 8.95 0.14% 01-251-77100 Animal Control 6,250.00 6,250.00 250.00 1,750.00 4,500.00 72.00% 01-251-78400 Small Equipment 6,150.00 6,150.00 0.00 643.81 5,506.19 89.53% 01-251-78500 Furniture/Equipment<$5,000 2,000.00 2,000.00 394.67 2,360.67 -360.67 -18.03% 01-251-79100 Maintenance Supplies 2,000.00 2,000.00 245.90 1,479.89 520.11 26.01% 01-251-79999 Miscellaneous Expense 1,500.00 1,500.00 100.80 352.30 1,147.70 76.51% Category: 70 - Supplies Total: 105,595.00 95,595.00 4,640.85 43,822.05 51,772.95 54.16 Category: 80 - Capital 01-251-87100 Programs & Special Projects 1,500.00 1,500.00 0.00 346.58 1,153.42 76.89% Category: 80 - Capital Total: 1,500.00 1,500.00 0.00 346.58 1,153.42 76.89 Department: 251- Police Total: 2,110,098.00 2,005,098.00 131,770.79 1,061,345.32 943,752.68 47.07 Department: 255 - EMS Category: 50 - Personnel Services 01-255-50100 Salaries - Regular 471,029.00 471,029.00 41,315.34 257,931.12 213,097.88 45.24% 01-255-50130 Salaries - Overtime 45,258.00 45,258.00 3,058.81 20,078.61 25,179.39 55.64% 01-255-50140 Salaries - Longevity 5,501.00 5,501.00 0.00 5,291.28 209.72 3.81% 01-255-50145 Salaries - Stipend 11,250.00 11,250.00 0.00 10,117.50 1,132.50 10.07% 01-255-50160 Salaries - Certification 4,800.00 4,800.00 437.50 2,844.00 1,956.00 40.75% 01-255-50180 Salaries - Holiday Pay 14,749.00 14,749.00 0.00 14,461.43 287.57 1.95% 5/21/2015 12:08:36 PM Page 4 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 37 of 213 Budget Report For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 01-255-51200 Retirement 91,367.00 77,367.00 5,913.70 42,996.49 34,370.51 44.43% 01-255-51210 Medical Insurance 59,167.00 59,167.00 4,758.07 31,857.93 27,309.07 46.16% 01-255-51215 Dental Insurance 4,387.00 4,387.00 362.39 2,457.58 1,929.42 43.98% 01-255-51216 Vision Insurance 807.00 807.00 63.25 430.35 376.65 46.67% 01-255-51218 Life Insurance & Other 4,030.00 4,030.00 321.51 2,158.93 1,871.07 46.43% 01-255-52220 Social Security Taxes 33,563.00 33,563.00 2,563.35 17,780.01 15,782.99 47.02% 01-255-52225 Medicare Taxes 8,013.00 8,013.00 599.62 4,159.16 3,853.84 48.09% 01-255-52250 Unemployment Taxes 1,620.00 1,620.00 4.47 -41.42 1,661.42 102.56% 01-255-52260 Workman's Compensation 8,763.00 8,763.00 0.00 662.31 8,100.69 92.44% Category: 50 - Personnel Services Total: 764,304.00 750,304.00 59,398.01 413,185.28 337,118.72 44.93 Category: 60 - Purchased Services 01-255-62000 Collection Fees 14,006.00 14,006.00 1,897.85 10,667.39 3,338.61 23.84% 01-255-62200 Hazmat Disposal 500.00 500.00 0.00 781.56 -281.56 -56.31% 01-255-63450 Radios 500.00 500.00 0.00 0.00 500.00 100.00% 01-255-63551 Schools & Training 1,575.00 1,575.00 87.50 813.50 761.50 48.35% 01-255-64000 Electricity 6,700.00 6,700.00 480.66 4,211.07 2,488.93 37.15% 01-255-64100 Water 1,750.00 1,750.00 99.21 741.92 1,008.08 57.60% 01-255-64300 Telephone 120.00 120.00 0.00 0.00 120.00 100.00% 01-255-64400 Communications /Pagers/Mobiles 2,616.00 2,616.00 149.82 1,152.01 1,463.99 55.96% 01-255-65200 Building Maintenance 200.00 200.00 64.58 355.99 -155.99 -78.00% 01-255-65300 Vehicle Maintenance 4,500.00 4,500.00 512.01 4,159.43 340.57 7.57% 01-255-65350 Equipment Maintenance 4,700.00 4,700.00 0.00 0.00 4,700.00 100.00% 01-255-66250 Emergency Management 0.00 0.00 0.00 2,180.00 -2,180.00 0.00% 01-255-66500 Dispatch - Denton County 2,216.00 2,216.00 0.00 2,215.50 0.50 0.02% 01-255-68100 Dues & Membership 1,332.00 1,332.00 0.00 226.00 1,106.00 83.03% 01-255-68190 Flags & Repairs 2,000.00 2,000.00 61.47 1,565.32 434.68 21.73% 01-255-68200 Travel & per diem 1,600.00 1,600.00 0.00 592.34 1,007.66 62.98% 01-255-68600 Meetings 100.00 100.00 0.00 0.00 100.00 100.00% 01-255-68700 Safety Programs 500.00 500.00 0.00 0.00 500.00 100.00% Category: 60 - Purchased Services Total: 44,915.00 44,915.00 3,353.10 29,662.03 15,252.97 33.96 Category: 70 - Supplies 01-255-70100 Office Supplies 150.00 150.00 0.00 21.87 128.13 85.42% 01-255-70300 Postage 70.00 70.00 0.00 52.68 17.32 24.74% 01-255-70400 Publications/Books/Subscriptions 200.00 200.00 0.00 0.00 200.00 100.00% 01-255-71000 Fuel 6,423.00 6,423.00 431.28 3,734.44 2,688.56 41.86% 01-255-72100 Uniforms 2,500.00 2,500.00 0.00 1,629.06 870.94 34.84% 01-255-72200 Medical Control 7,000.00 7,000.00 35.00 1,010.00 5,990.00 85.57% 01-255-72220 Pharmacy 2,750.00 2,750.00 369.24 2,165.82 584.18 21.24% 01-255-72250 Oxygen 900.00 900.00 63.00 686.27 213.73 23.75% 01-255-72500 Disposable Supplies 5,400.00 5,400.00 239.22 3,096.13 2,303.87 42.66% 01-255-78400 Small Equipment 2,200.00 2,200.00 0.00 147.98 2,052.02 93.27% 01-255-79100 Maintenance Supplies 150.00 150.00 0.00 91.11 58.89 39.26% 01-255-79999 Miscellaneous Expense 400.00 400.00 0.00 348.75 51.25 12.81% Category: 70- Supplies Total: 28,143.00 28,143.00 1,137.74 12,984.11 15,158.89 53.86% Category: 80 - Capital 01-255-83200 Vehicles 0.00 0.00 0.00 3.99 -3.99 0.00% Category: 80 - Capital Total: 0.00 0.00 0.00 3.99 -3.99 0.00 Department: 255 - EMS Total: 837,362.00 823,362.00 63,888.85 455,835.41 367,526.59 44.64 Department: 360 - Streets Category: 50 - Personnel Services 01-360-50100 Salaries - Regular 148,225.00 143,225.00 9,456.91 73,483.09 69,741.91 48.69% 01-360-50130 Salaries - Overtime 3,000.00 3,000.00 0.00 1,433.60 1,566.40 52.21% 01-360-50140 Salaries - Longevity 1,961.00 1,961.00 0.00 1,961.25 -0.25 -0.01% 01-360-50145 Salaries - Stipend 2,085.00 2,085.00 0.00 2,015.00 70.00 3.36% 01-360-51200 Retirement 26,229.00 21,229.00 1,291.83 11,140.08 10,088.92 47.52% 01-360-51210 Medical Insurance 19,860.00 19,860.00 1,422.95 10,212.61 9,647.39 48.58% 01-360-51215 Dental Insurance 1,541.00 1,541.00 100.60 729.63 811.37 52.65% 5/21/2015 12:08:36 PM Page 5 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 38 of 213 Budget Report For Fiscal: 2014-2015 Period Ending: 04/30/2015 Department: 360 - Streets Total: 411,677.00 456,677.00 77,084.88 238,347.82 218,329.18 47.81 Department: 400 - Parks Variance Category: 50 - Personnel Services Original Current Period Fiscal Favorable Percent 01-400-50100 Salaries - Regular Total Budget Total Budget Activity Activity (Unfavorable) Remaining 01-360-51216 Vision Insurance 298.00 298.00 21.46 155.92 142.08 47.68% 01-360-51218 Life Insurance & Other 1,288.00 1,288.00 84.52 630.38 657.62 51.06% 01-360-52220 Social Security Taxes 9,498.00 9,498.00 525.11 4,478.84 5,019.16 52.84% 01-360-52225 Medicare Taxes 2,251.00 2,251.00 122.81 1,047.49 1,203.51 53.47% 01-360-52250 Unemployment Taxes 573.00 573.00 0.49 -1.24 574.24 100.22% 01-360-52260 Workman's Compensation 5,386.00 5,386.00 0.00 -844.37 6,230.37 115.68% 01-400-51215 Category: 50 - Personnel Services Total: 222,195.00 212,195.00 13,026.68 106,442.28 105,752.72 49.84 Category: 60 - Purchased Services Vision Insurance 1,050.00 1,050.00 85.49 571.74 478.26 01-360-60100 Professional Services - PID Utility 5,000.00 5,000.00 0.00 0.00 5,000.00 100.00% 01-360-63551 Schools & Training 600.00 600.00 0.00 0.00 600.00 100.00% 01-360-64000 Electricity 173,237.00 173,237.00 12,978.54 73,272.36 99,964.64 57.70% 01-360-64300 Telephone 125.00 125.00 0.00 0.00 125.00 100.00% 01-360-64400 Communications /Pagers/Mobiles 2,580.00 2,580.00 118.66 1,182.95 1,397.05 54.15% 01-360-65300 Vehicle Maintenance 0.00 0.00 0.00 23.00 -23.00 0.00% 01-360-65350 Equipment Maintenance 3,000.00 3,000.00 0.00 55.56 2,944.44 98.15% 01-360-65510 Signs & Markings 0.00 0.00 -4,376.31 0.00 0.00 0.00% 01-360-68100 Dues & Membership 428.00 428.00 0.00 184.00 244.00 57.01% 01-360-68200 Travel & per diem 812.00 812.00 0.00 0.00 812.00 100.00% 01-360-68600 Meetings 150.00 150.00 0.00 0.00 150.00 100.00% 01-400-63551 Category: 60 - Purchased Services Total: 185,932.00 185,932.00 8,720.89 74,717.87 111,214.13 59.81 Category: 70 - Supplies Electricity 41,695.00 41,695.00 1,955.84 14,047.46 27,647.54 66.31% 01-360-70100 Office Supplies 200.00 200.00 17.13 59.69 140.31 70.16% 01-360-70300 Postage 100.00 100.00 0.96 1.44 98.56 98.56% 01-360-71000 Fuel 0.00 0.00 0.00 100.23 -100.23 0.00% 01-360-72100 Uniforms 1,750.00 1,750.00 0.00 1,376.35 373.65 21.35% 01-360-78200 Small Tools 1,500.00 1,500.00 138.15 468.89 1,031.11 68.74% Category: 70 - Supplies Total: 3,550.00 3,550.00 156.24 2,006.60 1,543.40 43.48 Category: 80 - Capital 01-360-83700 Capital Expenses 0.00 55,000.00 55,181.07 55,181.07 -181.07 -0.33% Category: 80 - Capital Total: 0.00 55,000.00 55,181.07 55,181.07 -181.07 -0.33 Department: 360 - Streets Total: 411,677.00 456,677.00 77,084.88 238,347.82 218,329.18 47.81 Department: 400 - Parks Category: 50 - Personnel Services 01-400-50100 Salaries - Regular 428,803.00 428,803.00 29,266.09 216,738.67 212,064.33 49.45% 01-400-50130 Salaries - Overtime 12,500.00 12,500.00 752.56 4,946.00 7,554.00 60.43% 01-400-50140 Salaries - Longevity 3,461.00 3,461.00 0.00 3,490.00 -29.00 -0.84% 01-400-50145 Salaries - Stipend 7,125.00 7,125.00 0.00 7,375.00 -250.00 -3.51% 01-400-50160 Salaries - Certification 1,500.00 1,500.00 125.00 785.00 715.00 47.67% 01-400-51200 Retirement 76,589.00 64,089.00 4,117.65 32,922.66 31,166.34 48.63% 01-400-51210 Medical Insurance 68,640.00 68,640.00 5,187.00 35,451.99 33,188.01 48.35% 01-400-51215 Dental Insurance 4,861.00 4,861.00 372.88 2,460.95 2,400.05 49.37% 01-400-51216 Vision Insurance 1,050.00 1,050.00 85.49 571.74 478.26 45.55% 01-400-51218 Life Insurance & Other 3,762.00 3,762.00 294.02 2,051.70 1,710.30 45.46% 01-400-52220 Social Security Taxes 27,668.00 27,668.00 1,736.08 13,492.07 14,175.93 51.24% 01-400-52225 Medicare Taxes 6,574.00 6,574.00 406.04 3,155.57 3,418.43 52.00% 01-400-52250 Unemployment Taxes 2,174.00 2,174.00 11.19 101.12 2,072.88 95.35% 01-400-52260 Workman's Compensation 10,300.00 10,300.00 0.00 2,556.10 7,743.90 75.18% 01-400-52290 Pre-employment Physicals/Testing 315.00 315.00 13.95 40.40 274.60 87.17% 01-400-52950 Auto Allowance 2,100.00 2,100.00 0.00 0.00 2,100.00 100.00% Category: 50 - Personnel Services Total: 657,422.00 644,922.00 42,367.95 326,138.97 318,783.03 49.43 Category: 60 - Purchased Services 01-400-63200 Advertising 1,000.00 1,000.00 371.00 420.00 580.00 58.00% 01-400-63250 Printing 0.00 0.00 0.00 2,700.80 -2,700.80 0.00% 01-400-63551 Schools & Training 4,596.00 4,596.00 500.00 1,411.00 3,185.00 69.30% 01-400-64000 Electricity 41,695.00 41,695.00 1,955.84 14,047.46 27,647.54 66.31% 01-400-64100 Water 73,315.00 73,315.00 1,207.24 24,576.82 48,738.18 66.48% 5/21/2015 12:08:36 PM Page 6 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 39 of 213 Budget Report For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 01-400-64300 Telephone 435.00 435.00 0.00 0.00 435.00 100.00% 01-400-64400 Communications /Pagers/Mobiles 7,220.00 7,220.00 845.12 4,062.53 3,157.47 43.73% 01-400-65100 Property Maintenance 113,100.00 113,100.00 5,163.07 29,267.88 83,832.12 74.12% 01-400-65200 Building Maintenance 2,500.00 2,500.00 105.58 975.43 1,524.57 60.98% 01-400-65300 Vehicle Maintenance 8,241.00 8,241.00 0.00 7,325.93 915.07 11.10% 01-400-65350 Equipment Maintenance 11,032.00 11,032.00 1,843.39 7,313.76 3,718.24 33.70% 01-400-67210 Storage Rental 14,008.00 14,008.00 0.00 11,402.98 2,605.02 18.60% 01-400-67350 Portable Toilets 4,243.00 4,243.00 0.00 0.00 4,243.00 100.00% 01-400-68100 Dues & Membership 1,189.00 1,189.00 0.00 584.17 604.83 50.87% 01-400-68200 Travel & per diem 2,155.00 2,155.00 38.69 2,678.93 -523.93 -24.31% 01-400-68600 Meetings 900.00 900.00 43.27 657.76 242.24 26.92% 01-400-68700 Safety Program 464.00 464.00 0.00 -22.55 486.55 104.86% Category: 60 - Purchased Services Total: 286,093.00 286,093.00 12,073.20 107,402.90 178,690.10 62.46 Category: 70 - Supplies 01-400-70100 Office Supplies 372.00 372.00 52.14 357.15 14.85 3.99% 01-400-70300 Postage 52.00 52.00 0.00 1.19 50.81 97.71% 01-400-70400 Publications/Books/Subscriptions 515.00 515.00 0.00 0.00 515.00 100.00% 01-400-71000 Fuel 17,013.00 12,013.00 1,434.00 8,419.55 3,593.45 29.91% 01-400-72100 Uniforms 6,750.00 6,750.00 207.79 5,327.29 1,422.71 21.08% 01-400-78200 Small Tools 7,000.00 7,000.00 1,802.77 3,642.16 3,357.84 47.97% 01-400-78300 Safety Equipment 2,039.00 2,039.00 374.81 3,347.92 -1,308.92 -64.19% 01-400-78500 Furniture/Equipment<$5,000 1,030.00 1,030.00 0.00 0.00 1,030.00 100.00% 01-400-79999 Miscellaneous Expense 300.00 300.00 0.00 59.97 240.03 80.01% Category: 70 - Supplies Total: 35,071.00 30,071.00 3,871.51 21,155.23 8,915.77 29.65 Category: 80 - Capital 01-400-83700 Capital Expenses 0.00 0.00 1,166.66 1,166.66 -1,166.66 0.00% Category: 80 - Capital Total: 0.00 0.00 1,166.66 1,166.66 -1,166.66 0.00% Department: 400 - Parks Total: 978,586.00 961,086.00 59,479.32 455,863.76 505,222.24 52.57 Department: 401- Medians Category: 50 - Personnel Services 01-401-50100 Salaries - Regular 98,876.00 98,876.00 7,550.40 52,931.00 45,945.00 46.47% 01-401-50130 Salaries - Overtime 2,000.00 2,000.00 707.57 1,530.64 469.36 23.47% 01-401-50140 Salaries - Longevity 285.00 285.00 0.00 200.00 85.00 29.82% 01-401-50145 Salaries - Stipend 2,250.00 2,250.00 0.00 2,000.00 250.00 11.11% 01-401-51200 Retirement 17,469.00 14,469.00 1,128.04 7,978.17 6,490.83 44.86% 01-401-51210 Medical Insurance 16,709.00 16,709.00 1,329.09 8,915.10 7,793.90 46.64% 01-401-51215 Dental Insurance 1,442.00 1,442.00 96.78 746.65 695.35 48.22% 01-401-51216 Vision Insurance 300.00 300.00 20.28 155.55 144.45 48.15% 01-401-51218 Life Insurance & Other 985.00 985.00 56.70 506.02 478.98 48.63% 01-401-52220 Social Security Taxes 6,272.00 6,272.00 508.28 3,471.62 2,800.38 44.65% 01-401-52225 Medicare Taxes 1,499.00 1,499.00 118.87 811.97 687.03 45.83% 01-401-52250 Unemployment Taxes 621.00 621.00 8.89 57.10 563.90 90.81% 01-401-52260 Workman's Compensation 2,375.00 2,375.00 0.00 0.00 2,375.00 100.00% 01-401-52290 Pre-employment Physicals/Testing 0.00 0.00 0.00 70.00 -70.00 0.00% Category: 50 - Personnel Services Total: 151,083.00 148,083.00 11,524.90 79,373.82 68,709.18 46.40 Category: 60 - Purchased Services 01-401-64000 Electricity 1,030.00 1,030.00 366.20 1,500.82 -470.82 -45.71% 01-401-64100 Water 32,273.00 32,273.00 783.43 18,340.87 13,932.13 43.17% 01-401-64400 Communications /Pagers/Mobiles 1,200.00 1,200.00 52.67 614.99 585.01 48.75% 01-401-65100 Property Maintenance 84,000.00 84,000.00 7,308.82 47,998.00 36,002.00 42.86% 01-401-65300 Vehicle Maintenance 2,048.00 2,048.00 0.00 55.00 1,993.00 97.31% 01-401-65350 Equipment Maintenance 3,167.00 3,167.00 0.00 0.00 3,167.00 100.00% 01-401-68600 Meetings 103.00 103.00 0.00 0.00 103.00 100.00% 01-401-68700 Safety Program 155.00 155.00 0.00 0.00 155.00 100.00% 01-401-69100 Tree City 10,000.00 10,000.00 0.00 4,830.00 5,170.00 51.70% Category: 60 - Purchased Services Total: 133,976.00 133,976.00 8,511.12 73,339.68 60,636.32 45.26 5/21/2015 12:08:36 PM Page 7 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 40 of 213 Budget Report Category: 70 - Supplies 01-401-71000 01-401-72100 01-401-78200 Fuel Uniforms Small Tools Category: 70 - Supplies Total: Department: 401- Medians Total: Department: 450 - Recreation Category: 50 - Personnel Services 01-450-50100 Salaries - Regular 01-450-50130 Salaries - Overtime 01-450-50140 Salaries - Longevity 01-450-50145 Salaries - Stipend 01-450-51200 Retirement 01-450-51210 Medical Insurance 01-450-51215 Dental Insurance 01-450-51216 Vision Insurance 01-450-51218 Life Insurance & Other 01-450-52220 Social Security Taxes 01-450-52225 Medicare Taxes 01-450-52250 Unemployment Taxes 01-450-52260 Workman's Compensation 01-450-52290 Pre-employment Physicals/Testing 01-450-52950 Auto Allowance Category: 50 - Personnel Services Total: For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 5,447.00 447.00 0.00 0.00 447.00 100.00% 2,444.00 2,444.00 0.00 235.00 2,209.00 90.38% 6,360.00 6,360.00 1,279.40 1,323.26 5,036.74 79.19% 14,251.00 9,251.00 1,279.40 1,558.26 7,692.74 83.16 299,310.00 291,310.00 21,315.42 154,271.76 137,038.24 47.04 309,673.00 309,673.00 11,574.66 77,646.12 232,026.88 74.93% 3,800.00 3,800.00 0.00 0.00 3,800.00 100.00% 892.00 892.00 0.00 900.50 -8.50 -0.95% 1,575.00 1,575.00 0.00 1,575.00 0.00 0.00% 23,140.00 19,640.00 1,434.88 10,761.47 8,878.53 45.21% 13,341.00 13,341.00 1,071.52 7,114.81 6,226.19 46.67% 891.00 891.00 82.10 545.18 345.82 38.81% 199.00 199.00 16.52 109.77 89.23 44.84% 1,141.00 1,141.00 94.08 624.73 516.27 45.25% 19,491.00 19,491.00 691.65 4,794.98 14,696.02 75.40% 4,581.00 4,581.00 161.75 1,121.29 3,459.71 75.52% 2,198.00 2,198.00 3.21 24.26 2,173.74 98.90% 7,438.00 7,438.00 0.00 0.00 7,438.00 100.00% 2,705.00 2,705.00 366.80 366.80 2,338.20 86.44% 2,100.00 2,100.00 0.00 0.00 2,100.00 100.00 393,165.00 389,665.00 15,497.17 105,584.91 284,080.09 72.90 Category: 60 - Purchased Services 01-450-60800 Software & Support 4,805.00 4,805.00 21.24 154.84 4,650.16 96.78% 01-450-62300 Health Inspections 261.00 261.00 0.00 0.00 261.00 100.00% 01-450-63200 Advertising 2,716.00 2,716.00 0.00 955.90 1,760.10 64.80% 01-450-63250 Printing 5,813.00 5,813.00 0.00 0.00 5,813.00 100.00% 01-450-63551 Schools & Training 5,733.00 5,733.00 0.00 1,488.50 4,244.50 74.04% 01-450-63800 Service Charges and Fees 5,700.00 5,700.00 -4,009.83 0.00 5,700.00 100.00% 01-450-64000 Electricity 19,500.00 19,500.00 896.74 5,996.62 13,503.38 69.25% 01-450-64100 Water 13,138.00 13,138.00 360.38 4,641.14 8,496.86 64.67% 01-450-64300 Telephone 1,295.00 1,295.00 150.78 1,054.95 240.05 18.54% 01-450-64400 Communications /Pagers/Mobiles 3,000.00 3,000.00 143.49 940.63 2,059.37 68.65% 01-450-65000 Insurance 501.00 501.00 0.00 0.00 501.00 100.00% 01-450-65100 Property Maintenance 6,221.00 6,221.00 0.00 6,840.12 -619.12 -9.95% 01-450-67000 Independent Labor 2,824.00 2,824.00 0.00 0.00 2,824.00 100.00% 01-450-67100 Equipment Rental/Lease 5,901.00 5,901.00 0.00 0.00 5,901.00 100.00% 01-450-68100 Dues & Membership 7,367.00 7,367.00 0.00 200.00 7,167.00 97.29% 01-450-68200 Travel & per diem 5,910.00 5,910.00 130.31 2,825.41 3,084.59 52.19% 01-450-68600 Meetings 1,191.00 1,191.00 43.75 86.20 1,104.80 92.76% 01-450-68750 Field Trips 5,665.00 5,665.00 0.00 0.00 5,665.00 100.00% Category: 60 - Purchased Services Total: 97,541.00 97,541.00 -2,263.14 25,184.31 72,356.69 74.18 Category: 70 - Supplies 01-450-70100 Office Supplies 1,988.00 1,988.00 46.06 257.52 1,730.48 87.05% 01-450-70300 Postage 777.00 777.00 0.00 1,324.31 -547.31 -70.44% 01-450-70400 Publications/Books/Subscriptions 478.00 478.00 15.56 272.84 205.16 42.92% 01-450-72100 Uniforms 8,110.00 8,110.00 0.00 147.00 7,963.00 98.19% 01-450-72300 Chemicals 19,156.00 19,156.00 1,948.80 4,177.49 14,978.51 78.19% 01-450-72600 Concessions 10,400.00 10,400.00 0.00 0.00 10,400.00 100.00% 01-450-72700 Program Supplies 3,578.00 3,578.00 0.00 25.95 3,552.05 99.27% 01-450-76900 Special Events 1,914.00 1,914.00 0.00 1,903.46 10.54 0.55% 01-450-78300 Safety Equipment 1,190.00 1,190.00 0.00 0.00 1,190.00 100.00% 01-450-78400 Small Equipment 2,500.00 2,500.00 0.00 77.68 2,422.32 96.89% 01-450-78500 Furniture/Equipment<$5,000 5,509.00 5,509.00 0.00 330.00 5,179.00 94.01% 01-450-78600 Hardware 1,500.00 1,500.00 631.87 631.87 868.13 57.88% 5/21/2015 12:08:36 PM Page 8 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 41 of 213 Budget Report 01-450-79100 Maintenance Supplies 01-450-79999 Miscellaneous Expense Period Category: 70 - Supplies Total: Favorable Department: 450 - Recreation Total: Department: 460 - Community Events Category: 60 - Purchased Services 01-460-63200 Advertising 01-460-63250 Printing 01-460-67300 Event Rentals 01-460-68100 Dues & Membership 01-460-68200 Travel & per diem Category: 60 - Purchased Services Total: Original Total Budget 1,909.00 324.00 59,333.00 550,039.00 Current Total Budget 1,909.00 324.00 59,333.00 For Fiscal: 2014-2015 Period Ending: 04/30/2015 2,642.29 9,160.62 50,172.38 84.56 546,539.00 15,876.32 139,929.84 406,609.16 74.40 1,288.00 1,288.00 Variance 102.44 Period Fiscal Favorable Percent Activity Activity (Unfavorable) Remaining 0.00 0.00 1,909.00 100.00% 0.00 12.50 311.50 96.14% 2,642.29 9,160.62 50,172.38 84.56 546,539.00 15,876.32 139,929.84 406,609.16 74.40 1,288.00 1,288.00 102.44 102.44 1,185.56 92.05% 3,914.00 3,914.00 0.00 0.00 3,914.00 100.00% 37,690.00 37,690.00 285.00 15,556.86 22,133.14 58.72% 124.00 124.00 0.00 0.00 124.00 100.00% 567.00 567.00 0.00 0.00 567.00 100.00% 43,583.00 43,583.00 387.44 15,659.30 27,923.70 64.07 Category: 70 - Supplies 606.00 100.00% 4,980.05 01-460-72100 Uniforms 606.00 606.00 0.00 01-460-72700 Program Supplies 13,231.00 13,231.00 2,457.11 01-460-79999 Miscellaneous Expense 2,781.00 2,781.00 0.00 48.21% Category: 70 - Supplies Total: 16,618.00 16,618.00 2,457.11 443.80 Department: 460 - Community Events Total: 60,201.00 60,201.00 2,844.55 Department: 522 - Community Development Category: 50 - Personnel Services 01-522-50100 Salaries - Regular 298,068.00 298,068.00 17,673.00 01-522-50130 Salaries - Overtime 3,000.00 3,000.00 537.08 01-522-50140 Salaries - Longevity 1,595.00 1,595.00 0.00 01-522-50145 Salaries - Stipend 4,500.00 4,500.00 0.00 01-522-51200 Retirement 51,888.00 41,888.00 2,487.50 01-522-51210 Medical Insurance 38,871.00 38,871.00 2,503.45 01-522-51215 Dental Insurance 2,603.00 2,603.00 169.16 01-522-51216 Vision Insurance 543.00 543.00 37.68 01-522-51218 Life Insurance & Other 2,745.00 2,745.00 173.49 01-522-52220 Social Security Taxes 18,765.00 18,765.00 1,079.95 01-522-52225 Medicare Taxes 4,454.00 4,454.00 252.57 01-522-52250 Unemployment Taxes 1,242.00 1,242.00 0.12 01-522-52260 Workman's Compensation 1,623.00 1,623.00 0.00 Category: 50 - Personnel Services Total: 429,897.00 419,897.00 24,914.00 Category: 60 - Purchased Services 01-522-60100 Professional Outside Services 12,000.00 12,000.00 4,410.00 01-522-60500 Engineering 75,000.00 75,000.00 7,799.96 01-522-60600 Plan Review Services 5,000.00 5,000.00 0.00 01-522-61100 Appraisal 500.00 500.00 0.00 01-522-62300 Health Inspections 6,100.00 6,100.00 0.00 01-522-62350 Inspection Services 8,000.00 8,000.00 0.00 01-522-63200 Advertising 1,100.00 1,100.00 0.00 01-522-63250 Printing 1,100.00 1,100.00 0.00 01-522-63300 Computer Mapping 4,000.00 4,000.00 0.00 01-522-63500 Abatements 3,000.00 3,000.00 50.00 01-522-63551 Schools & Training 2,800.00 2,800.00 166.99 01-522-64300 Telephone 600.00 600.00 0.00 01-522-64400 Communications /Pagers/Mobiles 3,672.00 3,672.00 176.60 01-522-65300 Vehicle Maintenance 3,000.00 3,000.00 1,274.07 01-522-68100 Dues & Membership 1,627.00 1,627.00 0.00 01-522-68200 Travel & per diem 1,000.00 1,000.00 143.18 01-522-68600 Meetings 240.00 240.00 0.00 01-522-69105 Plat Filing Fees 1,100.00 1,100.00 0.00 Category: 60 - Purchased Services Total: 129,839.00 129,839.00 14,020.80 Category: 70 - Supplies 01-522-70100 Office Supplies 2,500.00 2,500.00 35.67 0.00 606.00 100.00% 4,980.05 8,250.95 62.36% 646.95 2,134.05 76.74% 5,627.00 10,991.00 66.14 21,286.30 38,914.70 64.64 152,839.06 3,787.70 1,530.00 4,000.00 22,836.78 18,947.69 1,295.65 286.32 1,394.57 9,719.21 2,273.14 62.62 1,179.20 220,151.94 8,330.00 38,257.79 0.00 0.00 3,000.00 0.00 663.12 0.00 0.00 90.00 1,071.49 0.00 1,406.21 1,967.56 316.00 697.56 22.00 219.56 56,041.29 932.43 145,228.94 48.72% -787.70 -26.26% 65.00 4.08% 500.00 11.11% 19,051.22 45.48% 19,923.31 51.25 1,307.35 50.22% 256.68 47.27% 1,350.43 49.20% 9,045.79 48.21% 2,180.86 48.96% 1,179.38 94.96% 443.80 27.34% 199,745.06 47.57 3,670.00 30.58% 36, 742.21 48.99 5,000.00 100.00% 500.00 100.00% 3,100.00 50.82% 8,000.00 100.00% 436.88 39.72% 1,100.00 100.00 4,000.00 100.00% 2,910.00 97.00% 1,728.51 61.73% 600.00 100.00% 2,265.79 61.70% 1,032.44 34.41% 1,311.00 80.58% 302.44 30.24% 218.00 90.83% 880.44 80.04% 73,797.71 56.84 1,567.57 62.70% 5/21/2015 12:08:36 PM Page 9 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 42 of 213 Budget Report For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 01-522-70300 Postage 500.00 500.00 188.73 403.67 96.33 19.27% 01-522-70400 Publications/Books/Subscriptions 700.00 700.00 0.00 15.69 684.31 97.76% 01-522-71000 Fuel 6,245.00 6,245.00 258.55 1,949.62 4,295.38 68.78% 01-522-72100 Uniforms 2,340.00 2,340.00 0.00 973.50 1,366.50 58.40% 01-522-79999 Miscellaneous Expense 900.00 900.00 13.84 322.08 577.92 64.21% Category: 70 - Supplies Total: 13,185.00 13,185.00 496.79 4,596.99 8,588.01 65.13% Category: 80 - Capital 01-522-83650 Capital Replacement 0.00 0.00 22,914.52 22,914.52 -22,914.52 0.00% Category: 80 - Capital Total: 0.00 0.00 22,914.52 22,914.52 -22,914.52 0.00 Department: 522 - Community Development Total: 572,921.00 562,921.00 62,346.11 303,704.74 259,216.26 46.05 Department: 611- Finance Category: 50 - Personnel Services 01-611-50100 Salaries - Regular 188,912.00 188,912.00 12,470.20 102,142.24 86,769.76 45.93% 01-611-50140 Salaries - Longevity 270.00 270.00 0.00 200.00 70.00 25.93% 01-611-50145 Salaries - Stipend 2,250.00 2,250.00 0.00 1,500.00 750.00 33.33% 01-611-51200 Retirement 32,338.00 22,338.00 1,305.23 9,100.98 13,237.02 59.26% 01-611-51210 Medical Insurance 23,861.00 15,861.00 1,285.72 8,492.62 7,368.38 46.46% 01-611-51215 Dental Insurance 1,665.00 1,665.00 89.49 594.21 1,070.79 64.31% 01-611-51216 Vision Insurance 398.00 398.00 18.24 121.12 276.88 69.57% 01-611-51218 Life Insurance & Other 1,671.00 1,671.00 84.42 560.55 1,110.45 66.45% 01-611-52220 Social Security Taxes 11,729.00 11,729.00 543.70 3,691.80 8,037.20 68.52% 01-611-52225 Medicare Taxes 2,776.00 2,776.00 127.15 863.41 1,912.59 68.90% 01-611-52250 Unemployment Taxes 597.00 597.00 0.00 18.86 578.14 96.84% 01-611-52260 Workman's Compensation 479.00 479.00 0.00 0.00 479.00 100.00% Category: 50 - Personnel Services Total: 266,946.00 248,946.00 15,924.15 127,285.79 121,660.21 48.87 Category: 60 - Purchased Services 01-611-60100 Professional Outside Services 2,100.00 2,100.00 0.00 2,145.00 -45.00 -2.14% 01-611-60200 Auditing 32,750.00 32,750.00 2,000.00 22,750.00 10,000.00 30.53% 01-611-61100 Appraisal 46,394.00 46,394.00 0.00 27,975.30 18,418.70 39.70% 01-611-61150 Tax Administration 4,416.00 4,416.00 0.00 0.00 4,416.00 100.00% 01-611-63200 Advertising 3,800.00 3,800.00 0.00 150.00 3,650.00 96.05% 01-611-63250 Printing 750.00 750.00 0.00 730.59 19.41 2.59% 01-611-63551 Schools & Training 2,855.00 2,855.00 0.00 796.47 2,058.53 72.10% 01-611-63800 Service Charges & Fees 18,120.00 18,120.00 2,219.56 6,978.75 11,141.25 61.49% 01-611-63850 PID 100.00 100.00 0.00 0.00 100.00 100.00% 01-611-64300 Telephone 100.00 100.00 0.00 0.00 100.00 100.00% 01-611-64400 Communications /Pagers/Mobiles 900.00 900.00 0.00 0.00 900.00 100.00% 01-611-68100 Dues & Membership 1,500.00 1,500.00 0.00 280.00 1,220.00 81.33% 01-611-68200 Travel & per diem 2,916.00 2,916.00 0.00 767.74 2,148.26 73.67% 01-611-68600 Meetings 100.00 100.00 0.00 35.00 65.00 65.00% Category: 60 - Purchased Services Total: 116,801.00 116,801.00 4,219.56 62,608.85 54,192.15 46.40 Category: 70 - Supplies 01-611-70100 Office Supplies 1,800.00 1,800.00 35.99 1,223.09 576.91 32.05% 01-611-70300 Postage 1,000.00 1,000.00 44.98 473.20 526.80 52.68% 01-611-70400 Publications/Books/Subscriptions 250.00 250.00 0.00 0.00 250.00 100.00% 01-611-78500 Furniture/Equipment<$5,000 200.00 200.00 0.00 0.00 200.00 100.00% 01-611-79999 Miscellaneous Expense 100.00 100.00 0.00 0.00 100.00 100.00% Category: 70 - Supplies Total: 3,350.00 3,350.00 80.97 1,696.29 1,653.71 49.36 Department: 611- Finance Total: 387,097.00 369,097.00 20,224.68 191,590.93 177,506.07 48.09 Department: 615 - Municipal Court Category: 50 - Personnel Services 01-615-50100 Salaries - Regular 54,747.00 54,747.00 4,035.25 28,020.90 26,726.10 48.82% 01-615-50140 Salaries - Longevity 80.00 80.00 0.00 0.00 80.00 100.00% 01-615-50145 Salaries - Stipend 750.00 750.00 0.00 750.00 0.00 0.00% 01-615-51200 Retirement 8,714.00 7,714.00 533.29 3,976.30 3,737.70 48.45% 01-615-51210 Medical Insurance 5,570.00 5,570.00 464.14 3,059.61 2,510.39 45.07% 5/21/2015 12:08:36 PM Page 10 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 43 of 213 Budget Report 01-615-51215 Dental Insurance 01-615-51216 Vision Insurance 01-615-51218 Life Insurance & Other 01-615-52220 Social Security Taxes 01-615-52225 Medicare Taxes 01-615-52250 Unemployment Taxes 01-615-52260 Workman's Compensation Department: 630 - Human Resources Category: 50 - Personnel Services Total: Category: 60 - Purchased Services 01-615-60100 Professional Outside Services 01-615-60300 Judge's Compensation 01-615-63250 Printing 01-615-63551 Schools & Training 01-615-64300 Telephone 01-615-66300 Jury Fees 01-615-68100 Dues & Membership 01-615-68200 Travel & per diem Social Security Taxes Category: 60 - Purchased Services Total: Category: 70 - Supplies 450.00 01-615-70100 Office Supplies 01-615-70300 Postage 01-615-78500 Furniture/Equipment<$5,000 01-615-79999 Miscellaneous Expense Favorable Category: 70 - Supplies Total: Total Budget Department: 615 - Municipal Court Total: Department: 630 - Human Resources Category: 50 - Personnel Services 01-630-50100 Salaries - Regular 01-630-50140 Salaries - Longevity 01-630-50145 Salaries - Stipend 01-630-51200 Retirement 01-630-51210 Medical Insurance 01-630-51215 Dental Insurance 01-630-51216 Vision Insurance 01-630-51218 Life Insurance & Other 01-630-52220 Social Security Taxes 01-630-52225 Medicare Taxes 01-630-52250 Unemployment Taxes 01-630-52260 Workman's Compensation 01-630-52290 Pre-employment Physicals/Testing 01-630-52960 Employee Relations 01-630-53240 Tuition Reimbursement 01-630-53280 Employee Assistance Program 222.00 Category: 50 - Personnel Services Total: Category: 60 - Purchased Services 01-630-60400 Physicals/Testing 01-630-63250 Printing 01-630-63551 Schools & Training 01-630-64300 Telephone 01-630-64400 Communications /Pagers/Mobiles 01-630-68100 Dues & Membership 01-630-68200 Travel & per diem 48.20 Category: 60 - Purchased Services Total: Category: 70 - Supplies 01-630-70100 Office Supplies 01-630-70300 Postage For Fiscal: 2014-2015 Period Ending: 04/30/2015 450.00 450.00 70.02 176.64 Variance 60.75% Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 387.00 387.00 32.26 214.21 172.79 44.65% 81.00 81.00 6.76 44.89 36.11 44.58% 512.00 512.00 42.16 279.94 232.06 45.32% 3,399.00 3,399.00 249.13 1,776.76 1,622.24 47.73% 806.00 806.00 58.26 415.50 390.50 48.45% 222.00 222.00 0.39 0.47 221.53 99.79% 129.00 129.00 0.00 0.00 129.00 100.00% 75,397.00 74,397.00 5,421.64 38,538.58 35,858.42 48.20 1,890.00 1,890.00 175.65 646.95 1,243.05 65.77% 4,500.00 4,500.00 1,050.00 2,550.00 1,950.00 43.33% 1,100.00 1,100.00 0.00 312.50 787.50 71.59% 350.00 350.00 0.00 50.00 300.00 85.71% 150.00 150.00 0.00 0.00 150.00 100.00% 144.00 144.00 0.00 0.00 144.00 100.00% 130.00 130.00 0.00 0.00 130.00 100.00% 625.00 625.00 0.00 0.00 625.00 100.00% 8,889.00 8,889.00 1,225.65 3,559.45 5,329.55 59.96 450.00 450.00 70.02 176.64 273.36 60.75% 1,000.00 1,000.00 95.53 264.73 735.27 73.53% 200.00 200.00 0.00 199.99 0.01 0.01% 0.00 0.00 0.00 136.00 -136.00 0.00% 1,650.00 1,650.00 165.55 777.36 872.64 52.89 85,936.00 84,936.00 6,812.84 42,875.39 42,060.61 49.52 51,765.00 51,765.00 5,464.80 25,110.96 26,654.04 51.49% 65.00 65.00 0.00 0.00 65.00 100.00% 750.00 750.00 0.00 0.00 750.00 100.00% 8,882.00 6,882.00 746.49 3,603.13 3,278.87 47.64% 0.00 0.00 464.14 2,131.33 -2,131.33 0.00% 387.00 387.00 32.26 171.14 215.86 55.78% 81.00 81.00 6.76 31.37 49.63 61.27% 474.00 474.00 48.00 211.24 262.76 55.43% 3,213.00 3,213.00 331.07 1,531.14 1,681.86 52.35% 762.00 762.00 77.43 358.10 403.90 53.01% 207.00 207.00 0.00 -156.87 363.87 175.78% 131.00 131.00 0.00 0.00 131.00 100.00% 0.00 0.00 0.00 450.00 -450.00 0.00% 8,150.00 8,150.00 219.46 5,575.34 2,574.66 31.59% 10,100.00 10,100.00 0.00 0.00 10,100.00 100.00 2,688.00 2,688.00 0.00 784.00 1,904.00 70.83% 87,655.00 85,655.00 7,390.41 39,800.88 45,854.12 53.53 540.00 540.00 0.00 45.00 495.00 91.67% 150.00 150.00 0.00 0.00 150.00 100.00% 1,000.00 1,000.00 0.00 0.00 1,000.00 100.00% 100.00 100.00 0.00 0.00 100.00 100.00% 900.00 900.00 75.00 296.85 603.15 67.02% 250.00 250.00 0.00 75.00 175.00 70.00% 500.00 500.00 0.00 0.00 500.00 100.00% 3,440.00 3,440.00 75.00 416.85 3,023.15 87.88 1,000.00 1,000.00 61.74 398.73 601.27 60.13% 300.00 300.00 54.88 108.42 191.58 63.86% 5/21/2015 12:08:36 PM Page 11 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 44 of 213 Budget Report For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 01-630-70400 Publications/Books/Subscriptions 100.00 100.00 0.00 0.00 100.00 100.00% Category: 70 - Supplies Total: 1,400.00 1,400.00 116.62 507.15 892.85 63.78 Department: 630 - Human Resources Total: 92,495.00 90,495.00 7,582.03 40,724.88 49,770.12 55.00 Department: 640 - Information Services Category: 50 - Personnel Services 01-640-50100 Salaries - Regular 139,358.00 139,358.00 10,659.20 75,134.12 64,223.88 46.09% 01-640-50140 Salaries - Longevity 1,620.00 1,620.00 0.00 1,635.00 -15.00 -0.93% 01-640-50145 Salaries - Stipend 1,500.00 1,500.00 0.00 1,500.00 0.00 0.00% 01-640-51200 Retirement 24,068.00 19,568.00 1,456.05 11,015.57 8,552.43 43.71% 01-640-51210 Medical Insurance 11,139.00 11,139.00 928.28 6,141.50 4,997.50 44.86% 01-640-51215 Dental Insurance 774.00 774.00 64.52 428.42 345.58 44.65% 01-640-51216 Vision Insurance 162.00 162.00 13.52 89.78 72.22 44.58% 01-640-51218 Life Insurance & Other 1,130.00 1,130.00 92.86 616.59 513.41 45.43% 01-640-52220 Social Security Taxes 8,741.00 8,741.00 660.88 4,852.73 3,888.27 44.48% 01-640-52225 Medicare Taxes 2,066.00 2,066.00 154.56 1,134.90 931.10 45.07% 01-640-52250 Unemployment Taxes 414.00 414.00 0.00 18.00 396.00 95.65% 01-640-52260 Workman's Compensation 353.00 353.00 0.00 0.00 353.00 100.00% Category: 50 - Personnel Services Total: 191,325.00 186,825.00 14,029.87 102,566.61 84,258.39 45.10 Category: 60 - Purchased Services 01-640-60800 Software & Support 147,602.26 216,102.26 3,125.19 128,438.63 87,663.63 40.57% 01-640-60900 Security 1,350.00 1,350.00 302.34 410.34 939.66 69.60% 01-640-63551 Schools & Training 3,500.00 3,500.00 0.00 800.00 2,700.00 77.14% 01-640-64300 Telephone 5,808.00 5,808.00 531.94 3,320.65 2,487.35 42.83% 01-640-64400 Communications /Pagers/Mobiles 2,716.00 2,716.00 225.98 1,507.68 1,208.32 44.49% 01-640-67000 Independent Labor 3,000.00 3,000.00 0.00 672.50 2,327.50 77.58% 01-640-67150 Copier Rental/Lease 7,908.00 7,908.00 740.21 5,456.83 2,451.17 31.00% 01-640-68100 Dues & Membership 250.00 250.00 0.00 150.00 100.00 40.00% 01-640-68200 Travel & per diem 2,849.00 2,849.00 1,304.01 2,354.21 494.79 17.37% 01-640-68600 Meetings 72.00 72.00 0.00 0.00 72.00 100.00% Category: 60 - Purchased Services Total: 175,055.26 243,555.26 6,229.67 143,110.84 100,444.42 41.24 Category: 70 - Supplies 01-640-70100 Office Supplies 721.00 721.00 69.61 333.97 387.03 53.68% 01-640-70200 Printer Supplies 7,500.00 7,500.00 197.92 5,197.20 2,302.80 30.70% 01-640-70300 Postage 250.00 250.00 0.00 35.20 214.80 85.92% 01-640-72100 Uniforms 225.00 225.00 0.00 156.45 68.55 30.47% 01-640-78600 Hardware 16,623.00 41,623.00 646.32 35,330.04 6,292.96 15.12% Category: 70 - Supplies Total: 25,319.00 50,319.00 913.85 41,052.86 9,266.14 18.41 Department: 640 - Information Services Total: 391,699.26 480,699.26 21,173.39 286,730.31 193,968.95 40.35 Department: 710 - Facilities Management Category: 60 - Purchased Services 01-710-64000 Electricity 15,000.00 15,000.00 1,126.44 6,027.69 8,972.31 59.82% 01-710-64100 Water 1,860.00 1,860.00 53.46 488.05 1,371.95 73.76% 01-710-65000 Insurance 54,265.00 54,265.00 0.00 54,241.92 23.08 0.04% 01-710-65200 Building Maintenance 10,000.00 10,000.00 2,468.32 9,195.77 804.23 8.04% 01-710-65350 Equipment Maintenance 250.00 250.00 0.00 467.88 -217.88 -87.15% 01-710-65400 Cleaning Services 17,292.00 17,292.00 1,347.00 9,118.00 8,174.00 47.27% Category: 60 - Purchased Services Total: 98,667.00 98,667.00 4,995.22 79,539.31 19,127.69 19.39 Category: 70 - Supplies 01-710-78500 Furniture/Equipment<$5,000 10,875.00 10,875.00 0.00 5,035.95 5,839.05 53.69% 01-710-79100 Maintenance Supplies 1,500.00 1,500.00 156.00 944.77 555.23 37.02% Category: 70 - Supplies Total: 12,375.00 12,375.00 156.00 5,980.72 6,394.28 51.67 Department: 710 - Facilities Management Total: 111,042.00 111,042.00 5,151.22 85,520.03 25,521.97 22.98 Expense Total: 8,600,033.26 8,701,173.26 561,862.76 4,357,196.24 4,343,977.02 49.92% Fund: 01 - GENERAL FUND Surplus (Deficit): -101,685.26 -101,685.26 -294,974.40 2,530,518.19 2,632,203.45 2,588.58 5/21/2015 12:08:36 PM Page 12 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 45 of 213 Budget Report Original Current Total Budget Total Budget For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Period Fiscal Favorable Percent Activity Activity (Unfavorable) Remaining Fund: 07 - CAPITAL REPLACEMENT FUND Revenue Department: 000 - General Category: 47 - Investment Income Interest Income 0.00 0.00 0.00 35.47 35.47 0.00% Category: 47 - Investment Income Total: 0.00 0.00 0.00 35.47 35.47 0.00 Category: 49 - Other Financing Sources Transfer In - Future Replacement Res... 233,243.00 233,243.00 0.00 116,621.50 -116,621.50 50.00% Category: 49 - Other Financing Sources Total: 233,243.00 233,243.00 0.00 116,621.50 -116,621.50 50.00 Department: 000 - General Total: 233,243.00 233,243.00 0.00 116,656.97 -116,586.03 49.98 Revenue Total: 233,243.00 233,243.00 0.00 116,656.97 -116,586.03 49.98 Expense Department: 255 - EMS Category: 80 - Capital 07-2 Capital Expenses 179,360.00 179,360.00 0.00 0.00 179,360.00 100.00% Category: 80 - Capital Total: 179,360.00 179,360.00 0.00 0.00 179,360.00 100.00 Department: 255 - EMS Total: 179,360.00 179,360.00 0.00 0.00 179,360.00 100.00 Department: 400 - Parks Category: 80 - Capital 07-400-83700 Capital Expenses 64,830.00 64,830.00 0.00 24,111.97 40,718.03 62.81% Category: 80 - Capital Total: 64,830.00 64,830.00 0.00 24,111.97 40,718.03 62.81 Department: 400 - Parks Total: 64,830.00 64,830.00 0.00 24,111.97 40,718.03 62.81 Department: 640 - Information Services Category: 80 - Capital 07-640-83700 Capital Expenses 31,613.00 31,613.00 7,297.48 7,297.48 24,315.52 76.92% Category: 80 - Capital Total: 31,613.00 31,613.00 7,297.48 7,297.48 24,315.52 76.92 Department: 640 - Information Services Total: 31,613.00 31,613.00 7,297.48 7,297.48 24,315.52 76.92 Expense Total: 275,803.00 275,803.00 7,297.48 31,409.45 244,393.55 88.61 Fund: 07 - CAPITAL REPLACEMENT FUND Surplus (Deficit): -42,560.00 -42,560.00 -7,297.48 85,247.52 127,807.52 300.30 Report Surplus (Deficit): -144,245.26 -144,245.26 -302,271.88 2,615,765.71 2,760,010.97 1,913.42 Town Council Joint and Regular Minutes May 26, 2015 Page 46 of 213 Budget Report For Fiscal: 2014-2015 Period Ending: 04/30/2015 Group Summary Revenue Total: 8,498,348.00 8,599,488.00 266,888.36 6,887,714.43 -1,711,773.57 19.91% Expense Variance Department: 000 - General Original Current Period Fiscal Favorable Percent Categor... Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund: 01 -GENERAL FUND 618,243.00 618,243.00 0.00 116,621.50 501,621.50 81.14 Revenue Department: 000 - General 757,082.00 921,722.00 52,580.82 619,176.57 302,545.43 32.82 40 -Taxes 5,842,789.00 5,864,599.00 147,854.10 5,592,863.44 -271,735.56 4.63 41- Licenses & Permits 1,523,137.00 1,523,137.00 65,543.96 631,462.62 -891,674.38 58.54 42 -Intergovernmental 269,919.00 204,249.00 19,125.87 128,574.99 -75,674.01 37.05 43 - Fines & Fees 466,101.00 571,101.00 13,431.63 228,284.24 -342,816.76 60.03 44 - Charges for Services 260,852.00 300,852.00 16,418.31 249,909.63 -50,942.37 16.93 45 - Rents 67,500.00 67,500.00 2,895.00 35,365.00 -32,135.00 47.61 46 - Contributions and Donations 0.00 0.00 135.15 1,315.15 1,315.15 0.00 47 - Investment Income 6,000.00 6,000.00 544.04 2,924.61 -3,075.39 51.26 49 - Other Financing Sources 11,000.00 11,000.00 0.00 5,500.00 -5,500.00 50.00 51- Miscellaneous 51,050.00 51,050.00 940.30 11,514.75 -39,535.25 77.44 Department: 000 - General Total: 8,498,348.00 8,599,488.00 266,888.36 6,887,714.43 -1,711,773.57 19.91 Revenue Total: 8,498,348.00 8,599,488.00 266,888.36 6,887,714.43 -1,711,773.57 19.91% Expense Department: 000 - General 99 - Other Financing Uses 618,243.00 618,243.00 0.00 116,621.50 501,621.50 81.14 Department: 000 - General Total: 618,243.00 618,243.00 0.00 116,621.50 501,621.50 81.14 Department: 140 - Manager's Office 50 - Personnel Services 757,082.00 921,722.00 52,580.82 619,176.57 302,545.43 32.82 60 - Purchased Services 90,119.00 76,619.00 1,223.99 41,049.36 35,569.64 46.42 70 - Supplies 52,737.00 52,737.00 472.56 10,452.14 42,284.86 80.18 Department: 140 - Manager's Office Total: 899,938.00 1,051,078.00 54,277.37 670,678.07 380,399.93 36.19 Department: 160 - Legal 50 - Personnel Services 162,446.00 157,446.00 11,967.06 87,735.79 69,710.21 44.28 60 - Purchased Services 23,125.00 23,125.00 50.80 1,249.33 21,875.67 94.60 70 - Supplies 7,818.00 7,818.00 17.13 2,885.06 4,932.94 63.10 Department: 160 - Legal Total: 193,389.00 188,389.00 12,034.99 91,870.18 96,518.82 51.23 Department: 251- Police 50 - Personnel Services 1,868,734.00 1,773,734.00 113,260.42 946,542.29 827,191.71 46.64 60 - Purchased Services 134,269.00 134,269.00 13,869.52 70,634.40 63,634.60 47.39 70 - Supplies 105,595.00 95,595.00 4,640.85 43,822.05 51,772.95 54.16 80 - Capital 1,500.00 1,500.00 0.00 346.58 1,153.42 76.89 Department: 251- Police Total: 2,110,098.00 2,005,098.00 131,770.79 1,061,345.32 943,752.68 47.07 Department: 255 - EMS 50 - Personnel Services 764,304.00 750,304.00 59,398.01 413,185.28 337,118.72 44.93 60 - Purchased Services 44,915.00 44,915.00 3,353.10 29,662.03 15,252.97 33.96 70 -Supplies 28,143.00 28,143.00 1,137.74 12,984.11 15,158.89 53.86 80 - Capital 0.00 0.00 0.00 3.99 -3.99 0.00 Department: 255 - EMS Total: 837,362.00 823,362.00 63,888.85 455,835.41 367,526.59 44.64 Department: 360 - Streets 50 - Personnel Services 222,195.00 212,195.00 13,026.68 106,442.28 105,752.72 49.84 60 - Purchased Services 185,932.00 185,932.00 8,720.89 74,717.87 111,214.13 59.81 70 - Supplies 3,550.00 3,550.00 156.24 2,006.60 1,543.40 43.48 80 - Capital 0.00 55,000.00 55,181.07 55,181.07 -181.07 -0.33% Department: 360 - Streets Total: 411,677.00 456,677.00 77,084.88 238,347.82 218,329.18 47.81 Department: 400 - Parks 50 - Personnel Services 657,422.00 644,922.00 42,367.95 326,138.97 318,783.03 49.43 60 - Purchased Services 286,093.00 286,093.00 12,073.20 107,402.90 178,690.10 62.46 70 - Supplies 35,071.00 30,071.00 3,871.51 21,155.23 8,915.77 29.65 80 - Capital 0.00 0.00 1,166.66 1,166.66 -1,166.66 0.00% Department: 400 - Parks Total: 978,586.00 961,086.00 59,479.32 455,863.76 505,222.24 52.57 5/21/2015 12:08:36 PM Page 14 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 47 of 213 Budget Report For Fiscal: 2014-2015 Period Ending: 04/30/2015 Department: 611- Finance Variance 50 - Personnel Services Original Current Period Fiscal Favorable Percent Categor... Total Budget Total Budget Activity Activity (Unfavorable) Remaining Department: 401- Medians 3,350.00 3,350.00 80.97 1,696.29 1,653.71 49.36 50 - Personnel Services 151,083.00 148,083.00 11,524.90 79,373.82 68,709.18 46.40 60 - Purchased Services 133,976.00 133,976.00 8,511.12 73,339.68 60,636.32 45.26 70 - Supplies 14,251.00 9,251.00 1,279.40 1,558.26 7,692.74 83.16 Department: 401- Medians Total: 299,310.00 291,310.00 21,315.42 154,271.76 137,038.24 47.04 Department: 450 - Recreation 1,650.00 1,650.00 165.55 777.36 872.64 52.89 50 - Personnel Services 393,165.00 389,665.00 15,497.17 105,584.91 284,080.09 72.90 60 - Purchased Services 97,541.00 97,541.00 -2,263.14 25,184.31 72,356.69 74.18 70 -Supplies 59,333.00 59,333.00 2,642.29 9,160.62 50,172.38 84.56 Department: 450 - Recreation Total: 550,039.00 546,539.00 15,876.32 139,929.84 406,609.16 74.40 Department: 460 - Community Events 1,400.00 1,400.00 116.62 507.15 892.85 63.78 60 - Purchased Services 43,583.00 43,583.00 387.44 15,659.30 27,923.70 64.07 70 - Supplies 16,618.00 16,618.00 2,457.11 5,627.00 10,991.00 66.14 Department: 460 - Community Events Total: 60,201.00 60,201.00 2,844.55 21,286.30 38,914.70 64.64 Department: 522 - Community Development 175,055.26 243,555.26 6,229.67 143,110.84 100,444.42 41.24 50 - Personnel Services 429,897.00 419,897.00 24,914.00 220,151.94 199,745.06 47.57 60 - Purchased Services 129,839.00 129,839.00 14,020.80 56,041.29 73,797.71 56.84 70 -Supplies 13,185.00 13,185.00 496.79 4,596.99 8,588.01 65.13 80 - Capital 0.00 0.00 22,914.52 22,914.52 -22,914.52 0.00 Department: 522 - Community Development Total: 572,921.00 562,921.00 62,346.11 303,704.74 259,216.26 46.05 Department: 611- Finance 50 - Personnel Services 266,946.00 248,946.00 15,924.15 127,285.79 121,660.21 48.87 60 - Purchased Services 116,801.00 116,801.00 4,219.56 62,608.85 54,192.15 46.40 70 - Supplies 3,350.00 3,350.00 80.97 1,696.29 1,653.71 49.36 Department: 611- Finance Total: 387,097.00 369,097.00 20,224.68 191,590.93 177,506.07 48.09 Department: 615 - Municipal Court 233,243.00 233,243.00 0.00 116,656.97 -116,586.03 49.98 50 - Personnel Services 75,397.00 74,397.00 5,421.64 38,538.58 35,858.42 48.20 60 - Purchased Services 8,889.00 8,889.00 1,225.65 3,559.45 5,329.55 59.96 70 - Supplies 1,650.00 1,650.00 165.55 777.36 872.64 52.89 Department: 615 - Municipal Court Total: 85,936.00 84,936.00 6,812.84 42,875.39 42,060.61 49.52 Department: 630 - Human Resources 50 - Personnel Services 87,655.00 85,655.00 7,390.41 39,800.88 45,854.12 53.53 60 - Purchased Services 3,440.00 3,440.00 75.00 416.85 3,023.15 87.88 70 - Supplies 1,400.00 1,400.00 116.62 507.15 892.85 63.78 Department: 630 - Human Resources Total: 92,495.00 90,495.00 7,582.03 40,724.88 49,770.12 55.00 Department: 640 - Information Services 50 - Personnel Services 191,325.00 186,825.00 14,029.87 102,566.61 84,258.39 45.10 60 - Purchased Services 175,055.26 243,555.26 6,229.67 143,110.84 100,444.42 41.24 70 - Supplies 25,319.00 50,319.00 913.85 41,052.86 9,266.14 18.41 Department: 640 - Information Services Total: 391,699.26 480,699.26 21,173.39 286,730.31 193,968.95 40.35 Department: 710 - Facilities Management 60 - Purchased Services 98,667.00 98,667.00 4,995.22 79,539.31 19,127.69 19.39 70 - Supplies 12,375.00 12,375.00 156.00 5,980.72 6,394.28 51.67 Department: 710 - Facilities Management Total: 111,042.00 111,042.00 5,151.22 85,520.03 25,521.97 22.98 Expense Total: 8,600,033.26 8,701,173.26 561,862.76 4,357,196.24 4,343,977.02 49.92% Fund: 01 - GENERAL FUND Surplus (Deficit): -101,685.26 -101,685.26 -294,974.40 2,530,518.19 2,632,203.45 2,588.58 Fund: 07 - CAPITAL REPLACEMENT FUND Revenue Department: 000 - General 47 - Investment Income 0.00 0.00 0.00 35.47 35.47 0.00 49 - Other Financing Sources 233,243.00 233,243.00 0.00 116,621.50 -116,621.50 50.00 Department: 000 - General Total: 233,243.00 233,243.00 0.00 116,656.97 -116,586.03 49.98 Revenue Total: 233,243.00 233,243.00 0.00 116,656.97 -116,586.03 49.98 5/21/2015 12:08:36 PM Page 15 of 17 Town Council Joint and Regular Minutes May 26, 2015 Page 48 of 213 Budget Report Categor... Expense Department: 255 - EMS 80 - Capital Department: 255 - EMS Total: Department: 400 - Parks 80 - Capital Department: 400 - Parks Total: Department: 640 - Information Services 80 - Capital Department: 640 - Information Services Total: Expense Total: Fund: 07 - CAPITAL REPLACEMENT FUND Surplus (Deficit): Report Surplus (Deficit): For Fiscal: 2014-2015 Period Ending: 04/30/2015 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 179,360.00 179,360.00 64,830.00 64,830.00 31,613.00 31,613.00 275,803.00 -42,560.00 144,245.26 5/21/2015 12:08:36 PM Town Council Joint and Regular Minutes May 26, 2015 179,360.00 179,360.00 64,830.00 64,830.00 31,613.00 31,613.00 275,803.00 -42,560.00 -144,245.26 0.00 0.00 179,360.00 100.00 0.00 0.00 0.00 24,111.97 179,360.00 40,718.03 100.00 62.81 0.00 7,297.48 24,111.97 7,297.48 40,718.03 24,315.52 62.81 76.92 7,297.48 7,297.48 24,315.52 76.92 7,297.48 31,409.45 244,393.55 88.61 -7,297.48 85,247.52 127,807.52 300.30 -302,271.88 2,615,765.71 2,760,010.97 1,913.42 Page 49 of 213 Budget Report For Fiscal: 2014-2015 Period Ending: 04/30/2015 Fund Summary Variance Original Current Period Fiscal Favorable Fund Total Budget Total Budget Activity Activity (Unfavorable) 01 -GENERAL FUND -101,685.26 -101,685.26 -294,974.40 2,530,518.19 2,632,203.45 07 - CAPITAL REPLACEMENT FUND -42,560.00 -42,560.00 -7,297.48 85,247.52 127,807.52 Report Surplus (Deficit): -144,245.26 -144,245.26 -302,271.88 2,615,765.71 2,760,010.97 5/211/2015 12:08:36 P1`1 Town Council Joint and Regular Minutes May 26, 2015 Page 50 of 213 Page 17 of 17 ATTACHMENT C Ordinance No. 2015-10 Town Council Joint and Regular Minutes May 26, 2015 Page 51 of 213 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-10 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2014 AND 2015 RATE REVIEW MECHANISM FILINGS; APPROVING A SETTLEMENT AGREEMENT WITH ATTACHED RATE TARIFFS AND PROOF OF REVENUES; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the Town of Trophy Club, Texas ("Town") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos; and WHEREAS, the Town is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division; and WHEREAS, the initial RRM Tariff was in effect for four (4) years; and WHEREAS, ACSC Cities and Atmos Mid -Tex entered into another settlement agreement and revised the RRM Tariff; and WHEREAS, ACSC Cities and Atmos Mid -Tex compromised and reached agreements on the amount of the rate increases to be in effect for the RRM Tariff filings for 2012 and 2013; and ORD 2015-10 Town Council Joint and Regular Minutes May 26, 2015 Page 52 of 213 WHEREAS, ACSC Cities and Atmos Mid -Tex were unable to reach an agreement on the 2014 RRM Tariff filing, resulting in the ACSC Cities' rejection of the 2014 RRM filing; and WHEREAS, Atmos Mid -Tex appealed the ACSC Cities' actions rejecting its 2014 RRM filing to the Railroad Commission of Texas ("Commission"), pursuant to the provisions of the RRM Tariff; and WHEREAS, Atmos Mid -Tex and ACSC litigated the appeal of the 2014 RRM filing at the Commission; and WHEREAS, on February 27, 2015, Atmos Mid -Tex filed its 2015 RRM Tariff filing, requesting to increase natural gas base rates system -wide by $28.762 million; and WHEREAS, ACSC coordinated its review of Atmos Mid -Tex RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, Atmos Mid -Tex has agreed to withdraw its appeal of ACSC's rejection of its 2014 RRM Tariff rate increase; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve the attached Settlement Agreement (Attachment A to this Ordinance) as well as the tariffs attached thereto, resolving both the 2014 and the 2015 RRM Tariff filings, which together will increase the Company's revenues by $65.7 million over the amount allowed under Town -approved rates set in 2013; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated Settlement Agreement and are just, reasonable, and in the public interest; and WHEREAS, the RRM Tariff should be renewed for a period of time commencing in 2016 and continuing until the RRM Tariff is suspended by ordinance of the Town; and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. ORD 2015-10 2 Town Council Joint and Regular Minutes May 26, 2015 Page 53 of 213 Section 2. That the Town Council finds that the Settlement Agreement (Attachment A to this Ordinance) represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid-Tex's 2014 and 2015 RRM filings, is in the public interest, and is consistent with the Town's authority under Section 103.001 of the Texas Utilities Code. Section 3. That the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment C, are just and reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $65.7 million in revenue over the amount allowed under currently approved rates, or $21 million over currently -billed rates, as shown in the Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are hereby adopted. Section 4. That the ratemaking treatment for pensions and other post - employment benefits in Atmos' next RRM filing shall be as set forth on Attachment D, attached hereto and incorporated herein. Section 5. That in an effort to streamline the regulatory review process, the Atmos Mid -Tex RRM Tariff is renewed for a period commencing with the Company's March 1, 2016 RRM filing for calendar year 2015, effective June 1, 2016, and continuing thereafter until such time as the Town adopts an ordinance suspending operation of the RRM Tariff. Section 6. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's RRM application. Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the Town Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after June 1, 2015. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos ORD 2015-10 Town Council Joint and Regular Minutes May 26, 2015 Page 54 of 213 Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this 26th d7;72 oe Mayor, C. Nick Sanders Town of Trophy Club, Texas ATTEST: [SEAL] Town Segireiary, Holly Fimbres Town of Trophy Club, T exas APPROVED AS TO FORM: "'�b IPXQ�d op" Town Attorney, Patricia A. Adams Town of Trophy Club, Texas ORD 2015-10 Town Council Joint and Regular Minutes May 26, 2015 4 Page 55 of 213 SETTLEMENT AGREEMENT BETWEEN ATMOS ENERGY CORP., MID-TEX DIVISION AND ATMOS CITIES STEERING COMMITTEE WHEREAS, this agreement ("Settlement Agreement") is entered into by Atmos Energy Corp's Mid -Tex Division and Atmos Cities Steering Committee ("ACSC") whose members include the Cities of Abilene, Addison, Allen, Alvarado, Angus, Anna, Argyle, Arlington, Aubrey, Bedford, Bellmead, Benbrook, Beverly Hills, Blossom, Blue Ridge, Bowie, Boyd, Bridgeport, Brownwood, Buffalo, Burkburnett, Burleson, Caddo Mills, Canton, Carrollton, Cedar Hill, Celeste, Celina, Centerville, Cisco, Clarksville, Cleburne, Clyde, College Station, Colleyville, Colorado City, Comanche, Commerce, Coolidge, Coppell, Copperas Cove, Corinth, Corral City, Crandall, Crowley, Dalworthington Gardens, Denison, DeSoto, Duncanville, Eastland, Edgecliff Village, Emory, Ennis, Euless, Everman, Fairview, Farmers Branch, Farmersville, Fate, Flower Mound, Forest Hill, Fort Worth, Frisco, Frost, Gainesville, Garland, Garrett, Grand Prairie, Grapevine, Gunter, Haltom City, Harker Heights, Haskell, Haslet, Hewitt, Highland Park, Highland Village, Honey Grove, Hurst, Hutto, Iowa Park, Irving, Justin, Kaufman, Keene, Keller, Kemp, Kennedale, Kerens, Kerrville, Killeen, Krum, Lake Worth, Lakeside, Lancaster, Lewisville, Lincoln Park, Little Elm, Lorena, Madisonville, Malakoff, Mansfield, McKinney, Melissa, Mesquite, Midlothian, Murphy, Newark, Nocona, North Richland Hills, Northlake, Oakleaf, Ovilla, Palestine, Pantego, Paris, Parker, Pecan Hill, Petrolia, Plano, Ponder, Pottsboro, Prosper, Quitman, Red Oak, Reno (Parker County), Richardson, Richland, Richland Hills, Roanoke, Robinson, Rockwall, Roscoe, Rowlett, Royse City, Sachse, Saginaw, Sansom Park, Seagoville, Sherman, Snyder, Southlake, Springtown, Stamford, Stephenville, Sulphur Springs, Sweetwater, Temple, Terrell, The Colony, Trophy Club, Tyler, University Park, Venus, Vernon, Waco, Watauga, Waxahachie, Westlake, White Settlement, Whitesboro, Wichita Falls, Woodway, and Wylie. WHEREAS, on February 28, 2014, Atmos filed with the ACSC Cities an application, hereinafter referred to as the 2014 RRM filing, to adjust rates pursuant to Rider RRM - Rate Review Mechanism, which were subsequently consolidated into GUD No. 10359 at the Railroad Commission of Texas; and WHEREAS, on February 27, 2015, Atmos filed with the ACSC Cities an application, hereinafter referred to as the 2015 RRM filing, to adjust rates pursuant to Rider RRM - Rate Review Mechanism; and WHEREAS, the Settlement Agreement resolves all issues between Atmos and ACSC ("the Signatories") regarding the 2014 RRM filing, which is currently pending before the Commission, and the 2015 RRM filing, which is currently pending before the ACSC Cities, in a manner that the Signatories believe is consistent with the public interest, and the Signatories represent diverse interests; and WHEREAS, the Signatories believe that the resolution of the issues raised in the 2014 RRM filing and the 2015 RRM filing can best be accomplished by each ACSC City approving this Settlement Agreement and the rates, terms and conditions reflected in the tariffs attached to this Settlement Agreement as Exhibit A; NOW, THEREFORE, in consideration of the mutual agreements and covenants established herein, the Signatories, through their undersigned representatives, agree to the 1 Town Council Joint and Regular Minutes May 26, 2015 Page 56 of 213 following Settlement Terms as a means of fully resolving all issues between Atmos and the ACSC Cities involving the 2014 RRM filing and 2015 RRM filing: Settlement Terms 1. Upon the execution of this Settlement Agreement, the ACSC Cities will approve an ordinance or resolution to approve the Settlement Agreement and implement the rates, terms and conditions reflected in the tariffs attached to the Settlement Agreement as Exhibit A. (Attachment A to the Ordinance ratifying the Agreement). Said tariffs should allow Atmos to recover annually an additional $65.7 million in revenue over the amount allowed under currently approved rates by implementation of rates shown in the proof of revenues attached as Exhibit B. (Attachment B to the Ordinance ratifying this Agreement). The uniform implementation of gas rates, terms and conditions established by the Settlement Agreement shall be effective for bills rendered on or after June 1, 2015. Consistent with the City's authority under Section 103.001 of the Texas Utilities Code, the Settlement Agreement represents a comprehensive settlement of gas utility rate issues affecting the rates, operations and services offered by Atmos within the municipal limits of the ACSC Cities arising from Atmos' 2014 RRM filing and 2015 RRM filing. No refunds of charges billed to customers by Atmos under the RRM in past periods shall be owed or owing. 2. In an effort to streamline the regulatory review process, Atmos and the ACSC Cities have agreed to renew the Rate Review Mechanism ("Rider RRM") for a period commencing with the Company's March 1, 2016 filing under this mechanism for the calendar year 2015, effective June 1, 2016, and continuing thereafter until such time as either the ACSC Cities issue an ordinance stating a desire to discontinue the operation of the tariff or Atmos files a Statement of Intent. Atmos and the ACSC Cities further agree that the RRM tariff shall remain in effect until such time as new, final rates are established for Atmos. Upon approval of this Settlement Agreement by the ACSC Cities, Atmos shall file an updated RRM Tariff with each city reflecting the provisions of this agreement. 3. Atmos and the ACSC Cities agree that rate base as of December 31, 2014 in the amount of $1,955,948,256 is just and reasonable and shall be recovered in rates. 4. Atmos and the ACSC Cities agree that a pension and other postemployment benefits balance as of December 31, 2014 in the amount of $18,284,949 is just and reasonable and shall be used as the beginning balance for purposes of determining pension and other postemployment benefits to be recovered in the next RRM filing (Attachment D to the Ordinance ratifying the Agreement). 5. With regard to the treatment of Atmos' Rule 8.209 regulatory asset under the RRM, Atmos and the ACSC Cities agree to the following with respect to any pending and future RRM filings: a. the capital investment in the Rule 8.209 regulatory asset in the 2014 RRM filing and 2015 RRM filing is reasonable and consistent with the requirements of Rule 8.209; 2 Town Council Joint and Regular Minutes May 26, 2015 Page 57 of 213 b. the classification of projects included in the Rule 8.209 regulatory asset in the 2014 RRM filing and 2015 RRM filing is reasonable and consistent with the requirements of Rule 8.209 and shall serve as a basis for classification of projects in future RRM filings; c. the treatment of blanket replacement projects, system upgrades, relocations, and transmission line replacements in the Rule 8.209 regulatory asset in the 2014 RRM filing and 2015 RRM filing is reasonable and consistent with the requirements of Rule 8.209 and shall be included in future RRM filings. d. the incurred expenses included in the Rule 8.209 regulatory asset in the 2014 RRM and the 2015 RRM are reasonable and consistent with the requirements of Rule 8.209 and shall be included in future RRM filings; e. interest on the Rule 8.209 regulatory asset account shall be calculated using the pre-tax cost of capital most recently approved by the Commission. The use of the pre-tax cost of capital is consistent with Rule 8.209. A return on Rule 8.209 capital investment is only earned once the investment is included in rate base. No change in the Company's calculation of the interest component in its Rule 8.209 regulatory asset accounts is warranted through the period ended May 31, 2015. Beginning June 1, 2015, interest expense shall be calculated monthly using simple interest (i.e. 11.49% divided by 12, or approximately 0.96% per month) applied to the total value of the Rule 8.209 asset investment (exclusive of interest) until such time the Rule 8.209 regulatory asset is approved for inclusion in the Company's rate base. f. While Atmos and the ACSC Cities agree to apply the treatments and methodologies set forth in this paragraph, subsections (a) — (e) in all future RRM filings, the regulatory authority retains its right to disallow any capital investment that is not shown to be prudently incurred, and any expense not shown to be reasonable and necessary, in future RRM filings. g. Atmos and the ACSC Cities acknowledge that their agreement regarding the treatment and methodologies applicable to Rule 8.209 capital investments under the RRM tariff shall not prejudice the right of either party to argue for different treatments or methodologies in a future statement of intent proceeding. 6. Revenues approved pursuant to Paragraph 1 of the Settlement Agreement include reimbursement of rate case expenses owed to the ACSC Cities in connection with the 2014 RRM filing. 7. The Signatories agree that each ACSC city shall approve this Settlement Agreement and adopt an ordinance or resolution to implement for the ACSC Cities the rates, terms, and conditions reflected in the tariffs attached to the Settlement Agreement as Exhibit A. Atmos and ACSC further agree that at such time as all of the ACSC Cities have passed an ordinance or resolution consistent with the Settlement and Atmos has received such ordinance or resolution, Atmos shall withdraw its appeal of the currently pending RRM filing before the Railroad Commission of Texas in connection with the 2014 RRM filing. 3 Town Council Joint and Regular Minutes May 26, 2015 Page 58 of 213 8. Atmos and the ACSC Cities further agree that the express terms of the Rider RRM are supplemental to the filing, notice, regulatory review, or appellate procedural process of the ratemaking provisions of Chapter 104 of the Texas Utilities Code. If the statute requires a mandatory action on behalf of the municipal regulatory authority or Atmos, the parties will follow the provisions of such statute. If the statute allows discretion on behalf of the municipal regulatory authority, the ACSC Cities agree that they shall exercise such discretion in such a way as to implement the provisions of the RRM tariff. If Atmos appeals an action or inaction of an ACSC City regarding an RRM filing to the Railroad Commission, the ACSC Cities agree that they will not oppose the implementation of interim rates or advocate the imposition of a bond by Atmos consistent with the RRM tariff. Atmos agrees that it will make no filings on behalf of its Mid -Tex Division under the provisions of Section 104.301 of the Texas Utilities code while the Rider RRM is in place. In the event that a regulatory authority fails to act or enters an adverse decision regarding the proposed annual RRM adjustment, the Railroad Commission of Texas shall have exclusive appellate jurisdiction, pursuant to the provisions of the Texas Utilities Code, to review the action or inaction of the regulatory authority exercising exclusive original jurisdiction over the RRM request. In addition, the Signatories agree that this Settlement Agreement shall not be construed as a waiver of the ACSC Cities' right to initiate a show cause proceeding or the Company's right to file a Statement of Intent under the provisions of the Texas Utilities Code. 9. The Signatories agree that the terms of the Settlement Agreement are interdependent and indivisible, and that if any ACSC city enters an order that is inconsistent with this Settlement Agreement, then any Signatory may withdraw without being deemed to have waived any procedural right or to have taken any substantive position on any fact or issue by virtue of that Signatory's entry into the Settlement Agreement or its subsequent withdrawal. If any ACSC city rejects this Settlement Agreement, then this Settlement Agreement shall be void ab initio and counsel for the ACSC Cities shall thereafter only take such actions as are in accordance with the Texas Disciplinary Rules of Professional Conduct. 10. The Signatories agree that all negotiations, discussions and conferences related to the Settlement Agreement are privileged, inadmissible, and not relevant to prove any issues associated with Atmos' 2014 RRM filing and 2015 RRM filing. 11. The Signatories agree that neither this Settlement Agreement nor any oral or written statements made during the course of settlement negotiations may be used for any purpose other than as necessary to support the entry by the ACSC Cities of an ordinance or resolution implementing this Settlement Agreement. 12. The Signatories agree that this Settlement Agreement is binding on each Signatory only for the purpose of settling the issues set forth herein and for no other purposes, and, except to the extent the Settlement Agreement governs a Signatory's rights and obligations for future periods, this Settlement Agreement shall not be binding or precedential upon a Signatory outside this proceeding. 59 Town Council Joint and Regular Minutes May 26, 2015 Page 59 of 213 13. The Signatories agree that this Settlement Agreement may be executed in multiple counterparts and may be filed with facsimile signatures. Town Council Joint and Regular Minutes May 26, 2015 Page 60 of 213 Agreed to this7 day of May, 2015. ATMOS ENERGY CORP., MID-TEX DIVISION By: Jolfn A. Paris President, Mid -Tex Division Town Council Joint and Regular Minutes May 26, 2015 Page 61 of 213 Agreed to this !' .- day of May 2015. ATTORNEY FOR ATMOS CITIES STEERING COMMITTEE, WHOSE MEMBERS INCLUDE THE CITIES OF ABILENE, ADDISON, ALLEN, ALVARADO, ANGUS, ANNA, ARGYLE, ARLINGTON, AUBREY, BEDFORD, BELLMEAD, BENBROOK, BEVERLY HILLS, BLOSSOM, BLUE RIDGE, BOWIE, BOYD, BRIDGEPORT, BROWNWOOD, BUFFALO, BURKBURNETT, BURLESON, CADDO MILLS, CANTON, CARROLLTON, CEDAR HILL, CELESTE, CELINA, CENTERVILLE, CISCO, CLARKSVILLE, CLEBURNE, CLYDE, COLLEGE STATION, COLLEYVILLE, COLORADO CITY, COMANCHE, COMMERCE, COOLIDGE, COPPELL, COPPERAS COVE, CORINTH, CORRAL CITY, CRANDALL, CROWLEY, DALWORTHINGTON GARDENS, DENISON, DESOTO, DUNCANVILLE, EASTLAND, EDGECLIFF VILLAGE, EMORY, ENNIS, EULESS, EVERMAN, FAIRVIEW, FARMERS BRANCH, FARMERSVILLE, FATE, FLOWER MOUND, FOREST HILL, FORT WORTH, FRISCO, FROST, GAINESVILLE, GARLAND, GARRETT, GRAND PRAIRIE, GRAPEVINE, GUNTER, HALTOM CITY, HARKER HEIGHTS, HASKELL, HASLET, HEWITT, HIGHLAND PARK, HIGHLAND VILLAGE, HONEY GROVE, HURST, HUTTO, IOWA PARK, IRVING, JUSTIN, KAUFMAN, KEENE, KELLER, KEMP, KENNEDALE, KERENS, KERRVILLE, KILLEEN, KRUM, LAKE WORTH, LAKESIDE, LANCASTER, LEWISVILLE, LINCOLN PARK, LITTLE ELM, LORENA, MADISONVILLE, MALAKOFF, MANSFIELD, MCKINNEY, MELISSA, MESQUITE, MIDLOTHIAN, MURPHY, NEWARK, NOCONA, NORTH RICHLAND HILLS, NORTHLAKE, OAKLEAF, OVILLA, PALESTINE, PANTEGO, PARIS, PARKER, PECAN HILL, PETROLIA, PLANO, PONDER, POTTSBORO, PROSPER, QUITMAN, RED OAK, RENO (PARKER COUNTY), RICHARDSON, RICHLAND, RICHLAND HILLS, ROANOKE, ROBINSON, ROCKWALL, ROSCOE, ROWLETT, ROYSE CITY, SACHSE, SAGINAW, SANSOM PARK, SEAGOVILLE, SHERMAN, SNYDER, SOUTHLAKE, SPRINGTOWN, STAMFORD, STEPHENVILLE, SULPHUR SPRINGS, SWEETWATER, TEMPLE, TERRELL, THE COLONY, TROPHY CLUB, TYLER, UNIVERSITY PARK, VENUS, VERNON, WACO, WATAUGA, WAXAHACHIE, WESTLAKE, WHITE SETTLEMENT, WHITESBORO, WICHITA FALLS, WOODWAY, AND WYLIE. By: -'t'—d4 Geoffre ay* * Subject to approval by ACSC City Councils 7 Town Council Joint and Regular Minutes May 26, 2015 Page 62 of 213 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C — COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF Rider CEE Surcharge DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 40.00 per month Rider CEE Surcharge $ 0.00 per month' Total Customer Charge $ 40.00 per month Commodity Charge — All Ccf $ 0.08020 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE - Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2014. Town Council Joint and Regular Minutes May 26, 2015 Page 63 of 213 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF First 0 MMBtu to 1,500 MMBtu DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 700.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2937 per MMBtu Next 3,500 MMBtu $ 0.2151 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0461 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Town Council Joint and Regular Minutes May 26, 2015 Page 64 of 213 MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Town Council Joint and Regular Minutes May 26, 2015 Page 65 of 213 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: R — RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF Rider CEE Surcharge DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 18.60 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 18.62 per month Commodity Charge — All Ccf $0.09931 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE -Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2014. Town Council Joint and Regular Minutes May 26, 2015 Page 66 of 213 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF First 0 MMBtu to 1,500 MMBtu DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 700.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2937 per MMBtu Next 3,500 MMBtu $ 0.2151 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0461 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Town Council Joint and Regular Minutes May 26, 2015 Page 67 of 213 MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Town Council Joint and Regular Minutes May 26, 2015 Page 68 of 213 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA — WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2015 PAGE: Provisions for Adiustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAFi x q;j Where q;j is the relevant sales quantity for the jth customer in ith rate schedule. Town Council Joint and Regular Minutes May 26, 2015 Page 69 of 213 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA — WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2015 PAGE: Base Use/Heat Use Factors 1�J[ 9=11likii�_T•ID�iTa'ii�1�1�1V_�l: - 9 I� On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Town Council Joint and Regular Minutes May 26, 2015 Page 70 of 213 Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 10.22 0.1404 98.80 0.6372 Austin 11.59 0.1443 213.62 0.7922 Dallas 14.12 0.2000 208.11 0.9085 Waco 9.74 0.1387 130.27 0.6351 Wichita 11.79 0.1476 122.35 0.5772 Falls 1�J[ 9=11likii�_T•ID�iTa'ii�1�1�1V_�l: - 9 I� On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. 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CO O X a) 7 V M U M f - va6CcR�c�c»60�.c0% m m m o (D mmm a Z :3 ❑ a) L ❑N M ?i C Ci N N f0 L r L () a) a) v a) a) := c U (D C 0 0 o m ca a) o) 0)0 ED Cr N D: o: O a) is m a m c`a Ls L O CD a) O N N C O C c C Q C C F N C O O �) 0 0 0 m U as 06 z iri s � U U _ a) CO U L 7 7 7 LL N f6 C (6 f0 C6 Cp 0 00 a°i a1 CC C vOi C C C O OO vENW OWEEM000 n 0 O 'a O O NO NO N N as CUSz WCUUCO06ad06 ❑0 N M '14' u i (0 r- OD O C N N- W 0) 0 N N N N N N N N � A Town Council Joint and Regular Minutes May 26, 2015 Page 72 of 213 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C — COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF Rider CEE Surcharge DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 40.00 per month Rider CEE Surcharge $ 0.00 per month' Total Customer Charge $ 40.00 per month Commodity Charge — All Ccf $ 0.08020 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE - Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2014. Town Council Joint and Regular Minutes May 26, 2015 Page 73 of 213 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF First 0 MMBtu to 1,500 MMBtu DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 700.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2937 per MMBtu Next 3,500 MMBtu $ 0.2151 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0461 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Town Council Joint and Regular Minutes May 26, 2015 Page 74 of 213 MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Town Council Joint and Regular Minutes May 26, 2015 Page 75 of 213 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: R — RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF Rider CEE Surcharge DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 18.60 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 18.62 per month Commodity Charge — All Ccf $0.09931 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE -Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2014. Town Council Joint and Regular Minutes May 26, 2015 Page 76 of 213 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF First 0 MMBtu to 1,500 MMBtu DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 700.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2937 per MMBtu Next 3,500 MMBtu $ 0.2151 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0461 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Town Council Joint and Regular Minutes May 26, 2015 Page 77 of 213 MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Town Council Joint and Regular Minutes May 26, 2015 Page 78 of 213 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA — WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2015 PAGE: Provisions for Adiustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAFi x q;j Where q;j is the relevant sales quantity for the jth customer in ith rate schedule. Town Council Joint and Regular Minutes May 26, 2015 Page 79 of 213 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA — WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2015 PAGE: Base Use/Heat Use Factors 1�J[ 9=11likii�_T•ID�iTa'ii�1�1�1V_�l: - 9 I� On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Town Council Joint and Regular Minutes May 26, 2015 Page 80 of 213 Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 10.22 0.1404 98.80 0.6372 Austin 11.59 0.1443 213.62 0.7922 Dallas 14.12 0.2000 208.11 0.9085 Waco 9.74 0.1387 130.27 0.6351 Wichita 11.79 0.1476 122.35 0.5772 Falls 1�J[ 9=11likii�_T•ID�iTa'ii�1�1�1V_�l: - 9 I� On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Town Council Joint and Regular Minutes May 26, 2015 Page 80 of 213 a J Q O W a a Q Cn Z W O�_� Fn U N D O M LL W Cn W LL � � m W W U a m o O Q C7 W Z W LU W W W LU N p:0 LU F- m m W Cl) F- Z Q Cn Z O Cn z W a LO(.(n (7 LO LO 00(I)r- (`i L(i 6 LO (O (O �C'�� (D 00 61) (D co ! c 2 ! E E m m m m a N } as >-4) 0 0 0 6 0 x m m o ii UQ LSU O LLQ O W U U N 0 �2 7 (2 �: N CA O N ('7 V J Z N N N N N N ' LL N (0 0 N LL Town Town Council Joint and Regular Minutes May 26, 2015 Page 81 of 213 ol� o N LL, C CU V O (C I- CO O M O ('7 ('7 CO ('7 CO (`') ('7N O r- r- C� (O (`') M (O 7 0 V V 7 M LL) (O N V (1) I� O OO N- N (fl N O N V O (O LL) (O LQ (O N O (fl (D O O N CO (O 69 (i) EH QF K) (FJ (F) ER N o CO o N CO CO o 0) o o) O LL) O r, O LO O r O LO r LL) r LO r O O O N O O 7 O) LO r, LL) O LC) O LL) LC) LO 7 CA O LL) (O O (2 O (2 (O (O N CO I- M (2 H) EH ER ER ER ER ER Qi O o o o O o O I- O (O r� CO O LO O (`') LO ('7 LO M LC) CO O O (O r� a) M O (`') LO N O N N N ('7 LC) (O N N 00 r 0 O 0) � � V Cq LO r- a) ` CA (D O O O N CO (O QF EH (F) EA EH EH EH EA m o o o O o N (O O N N O O O N O N O N O N N (O N N (O I� N O V LV 7 O O O O O 0) O � O 7 N� N N N N N (» (» (» (» (s (» (» (» (O zr 0 7 V V o O o LL) zr N (O N N O O (`') O O M O (`') O M N N LL) N CO 7 7 O M N (O LO O LO LO LC) LO 7 CO LO CO V 4 O O O O O O CO- N CA (O N� N N N N N EH EA ER EH EA ER ER QF O U -O N O o O U as °> a O z� Ex w a) AU Op O a) x o a d a O a x N O L¢L a) C XO N J d N .= a 0 O O X > a a� U c m U d LL r) Om a) m o > X J C O C Q a) m N m U) Q d J � X X C O O C a) +�' C W+ H _ N Q N N 3 E a) r O C N 7 -6 (4 a) U V Q y N J LL C J ON O > N O( N O E+ N O r O O + 3 Q U N U .N N d E co T QO ~'o E as°ins w m m (D co ! c 2 ! E E m m m m a N } as >-4) 0 0 0 6 0 x m m o ii UQ LSU O LLQ O W U U N 0 �2 7 (2 �: N CA O N ('7 V J Z N N N N N N ' LL N (0 0 N LL Town Town Council Joint and Regular Minutes May 26, 2015 Page 81 of 213 ol� o N LL, C CU ATTACHMENT D Resolution No. 2015-09 Town Council Joint and Regular Minutes May 26, 2015 Page 82 of 213 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-09 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN AND THE CITIES OF KELLER, SOUTHLAKE, COLLEYVILLE AND ROANOKE FOR THE CREATION, OPERATION, AND FUNDING OF THE NORTH TARRANT REGIONAL SWAT TEAM; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services, such as those that serve the public health and welfare; and WHEREAS, the Cities of Keller ("Keller"), Southlake ("South lake"), Colleyville ("Colleyville"), Roanoke ("Roanoke"), and the Town of Trophy Club Trophy Club ("Trophy Club"), (hereinafter collectively "Cities"); have determined that there exists an on-going need for the creation and operation of a jointly operated and funded Special Weapons and Tactic Unit (the "North Tarrant Regional SWAT Team") to operate and have jurisdiction in the Cities; and WHEREAS, the Act provides the authority for the Cities to enter into the Agreement for the creation, operation and funding of the North Tarrant Regional SWAT Team; WHEREAS, the Town Council has been presented a proposed Interlocal Cooperation Agreement by and between the Town of Trophy Club, Texas, and the Ciies providing terms and conditions for the creation and operation of a jointly operated and funded SWAT Team, a substantial copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called "Agreement"); and WHEREAS, upon full review and consideration of the Agreement and of this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the execution of the Agreement serves a valid public purpose, that all funds necessary to pay for the services shall be paid out of current revenue legally available to the parties to the Agreement and shall not exceed the amount budgeted therefore in the current fiscal year budget, that the terms and conditions of the Agreement should be approved, and that the Mayor or his designee should be authorized to execute the Agreement on behalf of the Town of Trophy Club. RES 2015-09 Town Council Joint and Regular Minutes May 26, 2015 Page 83 of 213 1 NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT: Section 1. The Town Council of the Town of Trophy Club, Texas (the "Town") does hereby approve and agree to enter into an agreement with the Cities of Keller, Southlake, Colleyville, and Roanoke, a substantial copy of which is attached hereto and incorporated herein as Exhibit "A", for the creation, operation and funding of the North Tarrant Regional SWAT Team. Section 2. The Mayor or his designee is hereby authorized, empowered and directed to execute the Agreement on behalf of the Town of Trophy Club. Section 3. This Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 26th day of May, 2015. ATTEST: Holly Fi res, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: atricia A. Adams, Town Attorney Town of Trophy Club, Texas RES 2015-09 C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] OF TROpy �O v �P r�) C ED v 19 Town Council Joint and Regular Minutes May 26, 2015 Page 84 of 213 2 North Tarrant Regional SWAT INTERLOCAL AGREEMENT STATE OF TEXAS DENTON and TARRANT COUNTIES This Agreement (the "Agreement") is made and entered into by and between the Cities of Keller ("Keller"), Southlake ("Southlake"), Colleyville ("Colleyville"), Roanoke ("Roanoke"), and Trophy Club ("Trophy Club"). The afore -mentioned cities may be referred to in the Agreement collectively as the "Cities." WHEREAS, the Cities mutually agree and have determined that there exists an on-going need for the creation and operation of a jointly operated and funded Special Weapons and Tactic Unit (the "North Tarrant Regional SWAT Team") to operate and have jurisdiction in the Cities; and WHEREAS, Chapter 791 of the Texas Government Code (the "Act") provides the authority for the Cities to enter into the Agreement for the creation, operation and funding of the North Tarrant Regional SWAT Team; NOW, THEREFORE, for the consideration of the mutual covenants, agreements and benefits contained in the Agreement, the receipt and sufficiency of which are agreed to and acknowledged, the Cities agree as follows: 1. INCORPORATION OF RECITALS. The recitals and findings stated above are hereby found to be true and correct and are incorporated into the Agreement in their entirety. 2. EFFECTIVE DATE OF AGREEMENT:TERM: CONSIDERATION. (a) Effective Date of Agreement. The term of the Agreement shall become effective upon the approval by the governing bodies for all of the Cities, respectively and shall commence upon the date the last City executes the Agreement. (b) Term. The term shall be for one (1) year and the Agreement shall renew for successive one (1) year terms automatically unless any one (1) or more of the Cities shall provide its written notice of non -renewal to all other Cities at least ninety (90) days prior to the expiration of the then -existing term. (c) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 3. GOVERNING BODY AUTHORIZATION AND APPROVAL. Prior to execution below, the Agreement has been authorized by the Cities at a duly -called and legally noticed public meetings by Resolution, pursuant to §791.011(d)(1) of the Texas Government Code. Town Council Joint and Regular Minutes May 26, 2015 Page 85 of 213 4. GRANTS OF AUTHORITY AND JURISDICTION. For law enforcement purposes and jurisdiction associated with the Agreement, peace officers of the Cities are granted full peace officer authority throughout the Cities. 5. DESIGNATION OF SWAT TEAM AND REMOVAL OF SWAT TEAM MEMBERS. (a) Each City member to the Agreement shall independently select and designate its peace officers that will be a member of the North Tarrant Regional SWAT in the following manner: (1) Team Member Designation. Each City to the Agreement shall determine the procedures and methods by which individual peace officers are selected to be a member of the North Tarrant Regional SWAT Team as determined by the Chief of Police of each City, respectively. The Chief of Police of each City respectively may change the number and designation of peace officers or other personnel by written notice to the Chiefs of Police of the remaining Cities. (2) Team Commander Designation. Police Chiefs of the Cities shall jointly designate one peace officer to serve as the North Tarrant Regional SWAT Team Commander (the "Commander"). The North Tarrant Regional SWAT Team shall report to and be supervised by the SWAT Team Commander, who shall report jointly to the Chiefs of Police of the Cities. It is the preference of the Cities that the designation of Commander be reached by unanimous agreement, but if that is not possible, then the choice may be made by a majority vote of the Police Chiefs of the Cities. (3) Team Members Not to be Removed During Critical Events. Each City agrees that Team Members will not be removed from a critical event for the duration of the event. The Team Commander will designate if an event is a critical event. Examples of critical events include matters for which the Team Members are called out, including but not limited to hostage situations, high risk search or arrest warrants, suicidal subjects, terrorist events, large scale arrest operations, barricaded persons, or any event involving a high risk situation. (b) Each City member to the Agreement agrees that if the Commander requests that a certain member be removed from the SWAT Team that the City will remove that member from the SWAT Team. The City may ask the reasons for the request for the removal of the member. 6. SWAT TEAM SUPERVISION. (a) Operations. The day-to-day supervision of the North Tarrant Regional SWAT Team in regard to operations will be the responsibility of the Commander. (b) Administration. Matters involving personnel, expenditure of funds and all other administrative matters shall be made by the individual Police Chiefs of the Cities. Matters involving any future joint use of funds, grant applications, or other administrative matters that would involve the Cities jointly will be made jointly by the Police Chiefs of the Cities, provided that the Police Chiefs can not obligate their City in regard to an expenditure of funds beyond that which has been agreed to in this Agreement. Town Council Joint and Regular Minutes May 26, 2015 Page 86 of 213 7. SWAT TEAM RESPONSIBILITIES. (a) The North Tarrant Regional SWAT Team is responsible for responding to, assessing and resolving, critical incidents, including but not limited to, hostage situations, barricaded subjects, high risk warrant service, terrorist events, providing high threat dignitary protection, and other missions as determined and directed by the Chiefs of the Cities. The North Tarrant Regional SWAT Team is responsible for responding to, assessing and resolving other events or matters as well. (b) The North Tarrant Regional SWAT Team will also provide tactical, administrative and training assistance to all members of the police departments and departments of public safety of the Cities and other Law Enforcement Agencies. The North Tarrant Regional SWAT Team will also provide education to the citizenry of the Cities. 8. FUNDING AND EXPENDITURES. (a) Funds for expenditures related to salary, benefits, equipment, supplies and operation of the North Tarrant Regional SWAT Team shall be provided by the respective Cities. (b) As required by the Act, the Cities acknowledge and agree that funding under the Agreement will be made from current revenues available to each City. Funds for the participation in, and the obligations of, the Agreement have been made or will be made, in successive years, provided and approved, through the respective annual budgets approved by the City Councils of the Cities. 9. EFFECT OF TERMINATION. Upon any termination of the Agreement, each item of equipment purchased for the North Tarrant Regional SWAT Team shall be owned and kept by the purchasing City. If items are jointly purchased or obtained by a grant at some future date, the Cities will establish the procedures regarding where the item is kept and which agency will retain possession at the termination of this Agreement and other matters at the time the funding is sought or the item is purchased. 10. PUBLIC INFORMATION OFFICER. (a) Media Relations During Incident. The City and law enforcement agency with primary jurisdiction during any specific operations of the North Tarrant Regional SWAT Team will be responsible for overall media relations for that specific operation, although that agency may request assistance from any other agency in regard to media operations. (b) Public Information Requests. Each city shall be responsible for public information requests that are delivered to that City; however, if a public information request involves an operation of the North Tarrant Regional SWAT Team and is made of more than one city and requires a coordinated response, the City with primary jurisdiction over the event will coordinate the response. The Cities agree that they will comply with the Texas Public Information Act, including any applicable exceptions. The Cities agree that, pursuant to §552.117 of the Texas Government Code, the Cities will not release information that they may posses or have access to, regarding the home addresses, telephone numbers or family information about the peace officers of other Cities, to the extent allowed by law. Town Council Joint and Regular Minutes May 26, 2015 Page 87 of 213 11. INCORPORATION OF OTHER DOCUMENTS. This Agreement incorporates the following documents: (a) Exhibit "A" attached hereto and incorporated herein is included in this Agreement as if fully set out in the Agreement. (b) The North Tarrant Regional SWAT Manual (the "Manual"), as it may be amended from time to time in conjunction with consultation with all the Cities Police Chiefs, is hereby incorporated in this Agreement by reference. Each City will be provided a copy of the Manual and any amendments and each City will maintain a current copy of the Manual and any amendments in the administrative offices of their respective Police Departments. No amendments may require increased expenditures or commitments by the City beyond those set forth without the approval of the governing bodies of the Cities. 12. SEVERABILITY. If any portion of the Agreement is determined by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall remain in full force and effect. 13. SURVIVAL. Notwithstanding any termination of this Agreement, the following Sections and the terms and conditions contained therein, shall remain in effect: Sections 8 "Funding and Expenditures;" 9 "Effect of Termination;" 11 "Severability;" 12 "Survival;" 13. "Waiver by Party;" 14 "Entire Agreement; Amendment" 15 "Venue; State Law;" 19. "Liability; Sovereign Immunity." 14. ENTIRE AGREEMENT; AMENDMENT. The Agreement, including any and all Exhibits mentioned herein, constitutes the entire Agreement between the Cities hereto with respect to the subject matter hereof. Any amendments to the Agreement, other than changes in procedure to the Manual as set out above, must be made in writing, approved by the governing bodies of the Cities, respectively and signed by the City Manager of each City, or the person with authority to sign agreements for that City, prior to such amendment(s) becoming effective. However, this provision does not affect the right of each City to designate, through their City Manager or designee, a different person to receive notice than the person set out below. 15. VENUE; STATE LAW. The Agreement is governed by the laws of the State of Texas and venue for any action brought to enforce the terms and conditions of the Agreement shall lie exclusively in Tarrant County, Texas. 16. REMEDIES CUMULATIVE. No right or remedy granted or reserved to the Cities is exclusive of any other right or remedy herein by law or equity provided or permitted, but each right or remedy shall be cumulative or every other right or remedy given hereunder. No covenant or condition of the Agreement may be waived without the consent of the Cities. 17. NOTICES. Each notice or other communication which may be or is required to be given under the Agreement shall be in writing and shall be deemed to have been Town Council Joint and Regular Minutes May 26, 2015 Page 88 of 213 properly delivered when delivery is accomplished by one of the following methods: (1) personal delivery to the person designated; (2) delivered by certified mail, return receipt requested; (3) delivered via an overnight, express or other delivery service that provides for written receipt of delivery. The persons designated to receive notices are set out below; however, each City has the right, through their City Manager or designee, at any time, to designate a different person to receive notices by giving the Cities fifteen (15) days written notice of such designation. If the person designated below is not available to receive notices, and the City has not designated another person, delivery to any other person of the same or similar title to the person designated shall be considered effective delivery of notice. Persons Designated to Receive Notice: City of Keller: Mark Hafner, , Chief of Police 330 Rufe Snow Keller, Texas 76248 City of Colleyville: Mike Holder, Chief of Police 5201 Riverwalk Drive Colleyville, Texas 76034 Town of Trophy Club: Patrick Arata, Chief of Police 100 Municipal Drive Trophy Club, Texas 76262 City of Southlake: James Brandon, Chief of Police 600 State Street Southlake, Texas 76092 City Of Roanoke: Gary Johnson, Chief of Police 609 Dallas Roanoke, Texas 76262 18, THIRD PARTIES. No provision of the Agreement shall create any third -party beneficiary. Nothing contained in the Agreement shall be construed to create, expand, or form a basis for liability to any third party under any theory of law. Further, each City retains, and does not hereby waive, its immunities and defenses provided by law. 19. LIABILITY; SOVEREIGN IMMUNITY. To the extent any liability is found to exist, each City hereto agrees that every City is responsible for its own liability. Each City retains full authority to settle any claims against it as the City chooses. The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. Town Council Joint and Regular Minutes May 26, 2015 Page 89 of 213 20. AUTHORITY TO EXECUTE.. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 21. REPRESENTATIONS.. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 22. MISCELLANEOUS DRAFTING PROVISIONS. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 23. ASSIGNMENT. This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. 24. COUNTERPARTS. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Town Council Joint and Regular Minutes May 26, 2015 Page 90 of 213 North Tarrant Regional SWAT Interlocal Agreement EXECUTED hereto on the date, month and year shown below: THE CITY OF SOUTHLAKE THE CITY OF COLLEYVILLE Shana Yelverton, City Manager Jennifer Fadden, City Manager James Brandon, Chief of Police Steve Holder, Chief of Police Executed on , 2015 Executed on 2015 THE CITY OF ROANOKE Scott Campbell, City Manager Gary Johnson, Chief of Police Executed on 2015 THE TOWN OF TROPHY CLUB Stephen Sei , own Manager Patrick Arata, Chief of Police Executed on /�?' , 2015 THE CITY OF KELLER Mark Hafner, Interim City Manager Mark Hafner, Chief of Police Executed on 2015 7 Town Council Joint and Regular Minutes May 26, 2015 Page 91 of 213 EXHIBIT `A' RESPECTIVE AGENCY EXPENDITURES 1. Salaries, benefits and insurance of assigned personnel 2. Vehicles and operating expenses for assigned personnel 3. Vehicular and portable radio equipment and operating expenses for assigned personnel 4. Liability insurance coverage for assigned personnel 5. Overtime pay and benefits for assigned personnel 6. Non -SWAT Team related training as required by agency 7. SWAT Team related training as determined by the Commander, and Chief(s)of Police 8. Non -SWAT Team related travel required by agency 9. SWAT related travel as determined by the Commander, Chief(s) of Police 10. SWAT Team equipment and supplies as determined by the Commander, Chief(s) of Police Town Council Joint and Regular Minutes May 26, 2015 Page 92 of 213 ATTACHMENT E RFQ for Financial Advisor Services Town Council Joint and Regular Minutes May 26, 2015 Page 93 of 213 TOWN OF * TROPHY CLUB 700� 100 Municipal Drive Trophy Club, Texas 7+6262 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FINANCIAL ADVISOR SERVICES MAY 13,2015 SUBMITTED BY: Mr. Mark M. McLiney Mr. Andrew T. Friedman Senior Managing Director Managing Director 8700 Crownhill Blvd., Suite 601 8700 Crownhill Blvd., Suite 601 San Antonio, Texas 78209 San Antonio, Texas 78209 Telephone: (210) 832-9760 Telephone: (210) 832-9760 mmcline samcoca ital.com afriedman samcoca ital.com Town Council Joint and Regular Minutes May 26, 2015 Page 94 of 213 TABLE OF CONTENTS EXECUTIVESUMMARY.......................................................................................................................... 1 QUALIFICATIONS.................................................................................................................................. 2 CONFLICT OF INTEREST/REFERENCES................................................................................................... 3 APPENDIX A:...................................................................................... CONFLICT OF INTEREST QUESTIONNAIRE APPENDIX B: ....................................................................................................... CERTIFICATE OF RESIDENCY APPENDIX C: ........................................................................................................... AUTHORIZATION FORM APPENDIX D: ............................................................................................... FINANCIAL ADVISOR EXPERIENCE Town Council Joint and Regular Minutes May 26, 2015 Page 95 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas EXECUTIVE SUMMARY Mark McLiney, Andrew Friedman, and Mary Jane Dietz are proud to submit our response to the Town of Trophy Club's Request for Qualifications for Financial Advisor. We are excited to share information about SAMCO Capital Markets, Inc. and our expertise as serving as financial advisor. No Financial Advisory team understands better how the Town operates and we believe that when you combine that knowledge with our experience representing Cities as Financial Advisor, SAMCO will be the clear choice to continue to serve the Town. Below is a summary of what will be more fully detailed within the body of our response. UNDERSTANDING OF THE TOWN Mark McLiney, his predecessor Dan Almon and Mary Jane Dietz have represented the Town of Trophy Club for every bond issue that the Town has authorized going back to 1994. Mr. McLiney has been working as the lead banker since 2011. This long term relationship has provided the stability when staffs and councils have changed, which is a recognized strength by the Rating Agencies. STATEWIDE CITY EXPERIENCE Although Mr. McLiney and Mr. Friedman consider themselves generalists in municipal finance, their City experience, as summarized in question two of this response, clearly shows that they their experience working with Cities is unrivaled. Over the past 5 years, their experience compares favorably to other firms entire financial advisory practice. The team's work Statewide allows their clients to take advantage of new financing tools and ideas that may develop first in other parts of the State. The fact that they represent many clients in the fast growing areas around Texas will assure the Town that their Financial Advisory team will be aware of all of the economic tools and that they will be available to the Town of Trophy Club. EXCELLENT WORKING RELATIONSHIP WITH THE TOWN STAFF AND OUTSIDE CONSULTANTS During the past several years, Mr. McLiney, Mr. Friedman and Ms. Dietz have worked with Mr. Seidel and Mr. Glickman and developed an excellent working relationship with them. If SAMCO is retained as the Town's advisor, there will be no time spent trying to develop a working relationship between the bankers and the staff. We know what the Town expects that we can deliver results. In conclusion, we believe that SAMCO can offer the Town of Trophy Club the best and most complete Financial Advisory team. Mr. McLiney, Mr. Friedman, and Ms. Dietz will provide the Town the experience and knowledge that will be required to assist the Town as it continues to grow. They have unrivaled knowledge of your community and your staff that will assure the Town seamless Financial Advisory services into the future. > -IM = jUi� i = ♦� iii_ �- _ Town Council Joint and Regular Minutes May 26, 2015 Page 96 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas QUALIFICATIONS 1. Provide a brief description of the firm, including general experience and history in public finance, number of offices, location and number of professionals and employees in each office, description of specialty practice areas and firm philosophy. Indicate which office(s) will be responsible for day-to- day contact and describe structure of firm ownership (e.g., publicly held corporation, partnership, etc.) and any parents, affiliates, or subsidiaries of the firm. SAMCO Capital Markets, Inc. is a Texas firm started by Texans to serve Texans. We were founded in 1987 and are headquartered in Austin, Texas. SAMCO is a privately held employee -owned Broker/Dealer firm. Our offices are located in Dallas, Austin, San Antonio, Houston and Edmond, Oklahoma (later this month a new North Texas office will be opened). Our state and national trading and underwriting desk is located in our Dallas office. SAMCO has been serving public finance clients since 2000 and has seen their public finance practice grow steadily during the past 15 years. Based upon our current profile, SAMCO should end the 2015 calendar year as the second most active financial advisor in the State of Texas (when ranked by the number of deals completed). The Dallas and San Antonio office will be the primary offices working with the Town of Trophy Club. The San Antonio office is currently staffed with seven professionals. The Austin office is manned with ten professionals. One sales professional is located in Edmond, Oklahoma. Houston has two professionals dedicated to Public Funds Management. And Dallas is our largest office with thirty-three underwriters, financial advisors, traders, bankers and sales people. Mark McLiney, Andrew Friedman and Mary Jane Dietz will be the primary contacts with the Town of Trophy Club. They office in San Antonio and Dallas and will oversee the execution of financial advisory services for the Town. Chris Whitlock is the lead underwriter for SAMCO and head of Public Finance. Mr. Whitlock's market knowledge is responsible for increasing the underwriting successes since he joined SAMCO in 2009. Mr. Whitlock will assist the team interpret the interest rate market and interact with underwriters and investors to help the Town achieve the optimal pricing and structuring of each debt issue. SAMCO is pleased to announce that we recently added 11 professionals to our public finance practice and now employs 53 professionals as financial advisors, underwriters, traders, salespeople and bankers. With the recent additions to our firm, SAMCO represents well over 300 Texas Entities as financial advisor. Although all of SAMCO's bankers are considered generalist, many of the banking teams have evolved to have an emphasis. Mr. McLiney's and Mr. Friedman's emphasis over the years has been City and Utility Systems. We believe that Mr. McLiney and Mr. Friedman represent more Cities than any other banking team in Texas. This experience allows them to be on the forefront of the industry at all times. Our firm's philosophy is simple. Always put the client first. 1 Town Council Joint and Regular Minutes May 26, 2015 Page 97 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas 2. Describe a description of the firm's and/or individual's experience during the last five (5) years as financial advisor of negotiated or competitively bid bond issues of Texas municipalities and other governmental entities. Please include the names of the issuers, the amount of the bonds, the capacity on which you and/or the firm served and the purpose for the issuance. Mr. McLiney and Mr. Friedman have detailed their experience in the Appendix B of this Request for Qualifications. In summary, their team has worked as financial advisor on 276 transactions for 102 separate clients in order to issue over $1,400,000,000 in indebtedness since 2010. The following chart details their annual experience as financial advisors: 2014 60 $ 292,345,000 2013 53 182,542,202 2012 66 388,767,000 2011 42 252,719,994 2010 55 328,002,760 Total 276 $1,444,376,956 A full listing is provided in Appendix B. 2 Town Council Joint and Regular Minutes May 26, 2015 Page 98 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas 3. Please select one transaction from #2 above that you feel best demonstrates your firm's financial advisory capabilities and describe in detail the financial issues involved in the transaction and your firm's approach and the outcome to the analysis. We feel that the one transaction that best demonstrates our full financial advisory capabilities is the $7,000,000 New Braunfels Development Authority ("NBDA")Tax Increment Contract Revenue Bonds, Series 2010. We chose this transaction because of the in-depth structuring issues due to the TIRZ, the negotiation with the developer, the negotiation with the purchaser of the bonds that included a two year call which resulted in a new issue in 2012 and the transformational result it had for the City. In 2006, the City was approached by a developer that wanted to create a 492 acre master planned development that included retail, industrial, and multi -family components. The raw piece of land, located on the Southeast side of 1-35, now called the New Braunfels Town Center at Creekside, needed more than $50,000,000 of public infrastructure to make it developable. If the City attempted the financing themselves, higher taxes and delayed projects throughout the City would have resulted. Working with the City's Bond Attorney, we suggested the creation of a TIRZ where the developer would finance the improvements and the City would create a TIRZ to issue bonds that would reimburse the developer once the incremental value could sustain a bond issue. This allowed the infrastructure to be completed by the developer without any higher taxes and without risk to the City. If the development failed, the City would get the infrastructure that the developer financed and the developer would not get reimbursed. In 2007, the New Braunfels Development Authority and TIRZ were created with the City and County both participating to different negotiated degrees. Construction began in 2008, with plans for the first bond issue in late 2008 or early 2009. Due to the Great Recession starting in the fall of 2008, development of the property was slower than projected. Tax Increment Revenues were not sufficient to finance the planned project and financing was delayed. Infrastructure was completed and no outlay from the City was required. As the economy rebounded, the pace of development accelerated with both the BUC-EES and hospital being announced as new projects within the boundaries. By 2010, the NBDA was prepared to issue its first bond issues, but due to the structure of the TIRZ and the January 1st date of valuations our financial model showed that valuations would more than double and the credit quality would be much greater within about two years. Since the developer needed reimbursements in 2010 to help continue the development, we negotiated with a bank to take a $7,000,000 variable rate note fixed with a two year call. The bonds were issued and the developer received his money so that the project could continue. Once BUC-EES and the hospital were completed, the incremental value had increased to $109,000,000, and we were able to refinance the original $7,000,000 loan and provide an additional $5,000,000 to the developer. In 2014, we were able to finance the last $17,000,000 to completely pay the developer off for its public infrastructure improvements. The in-depth financial modeling proved accurate and helped both the bond purchaser and the developer see that a refinancing was possible within a few short years. C Town Council Joint and Regular Minutes May 26, 2015 Page 99 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas The NBDA currently has $27,950,000 of bonds outstanding, with 2014 TIRZ revenues excess of $2,500,000. They are easily making their bond payments and are accumulating cash so that they can fully pay for a fire station within the Town Center. After paying cash for the fire station, the NBDA will escrow funds to pay off the bonds early. Once all debt is paid, the City TIRZ money will be available for any lawful purpose. The transformational result is the largest new Economic Development Project in the City's history. The complete project, currently valued in excess of $250,000,0000 with a full build out estimated at $500,000,000, was completed with no risk to the City and when the bonds are fully paid, 5 years ahead of schedule, the City will gain a new revenue stream estimated at approximately $3,300,000/year. 4 Town Council Joint and Regular Minutes May 26, 2015 Page 100 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas 4. Describe your firm's technology capabilities and how it ties into your strategic financial planning for the Town. SAMCO utilizes two different municipal bond structuring softwares, DBC Finance and MUNEX, for modeling and analyzing debt structures, and for identifying candidates for potential refunding. We also utilize the full Microsoft Office suite, which is fully integrated with the DBC and MUNEX programs. We are experts at Microsoft Excel, which is how best to model the tax rate and revenue impact of bond programs, and determine the optimal structure for potential borrowings. We also use the industry standard systems of Bloomberg and Ipreo, predominantly in our underwriting department, for monitoring both primary and secondary market activity. Mr. McLiney, Mr. Friedman and Mr. Hamilton will share the responsibility for modeling the existing debt, developing alternative debt structures for future bond issues, evaluating finance proposals brought to the Town by investment bankers and developers, and performing all necessary quantitative analysis. Although Mr. Hamilton is the firm's lead analytical banker, Mr. McLiney spent his early career as the analytical banker. Working in this role has allowed Mr. McLiney to remain in the forefront of the industry with a complete understanding of the technology that can be used to best serve the Town. With the Analytical background described above, the team assigned to the Town believes that it is imperative to work with the Town management to develop the model that can best work for the Town. The financial advisory team has the tools, but only with the expertise of Town management can the tools work. There must be a collaborative effort to get the most accurate results. Although it is more time consuming, we have found that the better results are worth the extra effort. 5 Town Council Joint and Regular Minutes May 26, 2015 Page 101 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas S. Describe the steps your firm would take as Financial Advisor to ensure the pricing process on negotiated sales and the bidding process on competitive sales render the lowest true interest cost. It is our strong belief that communication with the underwriters is the key to securing the best interest rates available in the market. One of the ways that SAMCO is able to do so is by relying on our own underwriting desk, whose involvement includes communicating with the underwriters in the days leading up to a pricing, known as pre -pricing, and through the actual order period on the day of pricing. Our underwriting desk is in the market every day and has relationships with each underwriting desk for firms serving as underwriter in Texas. Our desk calls on the same clients and has relationships with many of the same bond buyers and is able to ensure that underwriters are performing to the best of their ability on any given transaction. Prior to the Town's bond sale, we will analyze current market conditions to determine the appropriate method of sale that will ensure the lowest borrowing cost for the Town. On a negotiated sale we would begin the pricing process by analyzing sales of similar issuers that have sold bonds in days prior to the Town's sale date. This provides a snapshot of where the market is and the starting point for pricing the Town's issue. The next step is to communicate with our desk and the underwriting syndicate that has been selected to sell the Town's bonds to develop a pre -pricing sheet that is in accordance with the prevailing market rates. Our underwriting desk has the experience to ensure the underwriting syndicate is providing appropriate rates. After receiving the pre -pricing rates from the underwriting syndicate we will again visit with our trading desk and compare the rates to other citys' sales that have taken place that day. If there are any anomalies in the rates or takedown, we will, in a clear manner, communicate this to the underwriting syndicate. Once we have developed and settled on the pricing we will take to the market, if there are unsubscribed maturities, we will not automatically re -price the issue. Often times if the order period ends without all of the bonds being sold, the underwriting syndicate wants to re -price the issue. Our practice is to get with our underwriting desk and determine if the pricing really needs to be adjusted or if the underwriting syndicate needs to do more to execute the sale at current levels. The easiest thing to do is to simply re -price an issue at the insistence of the underwriting syndicate but this will not result in the lowest true interest cost for the Town. As financial advisor, it is our duty to be vigilant and make sure the Town gets the lowest borrowing cost possible in the market on any given day. For a competitive sale, the bidding process begins with the marketing of the Town's bonds. To do this we make sure purchasers are aware of the forthcoming sale and have ample time to review the offering documents which details the Town and its financial condition. As purchasers need information in which to develop their bids, we make sure they have exactly what they need. We don't simply advertise the upcoming sale, we communicate with our trading desk about which firms will have an appetite for the Town's bonds. We then pick up the phone and start calling potential purchasers to gauge their interest in bidding. This serves the purpose of reminding potential purchasers of the sale and highlighting the strengths of the town. We have found that actually picking up the phone and "pounding the pavement" increases the number of bids an issuer is likely to receive. Simply relying on automated communication, via computers, does not effectively address the needs of purchasers. By taking these proven, old-fashioned methods, we believe that the Town will receive the lowest true interest cost. Town Council Joint and Regular Minutes May 26, 2015 Page 102 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas 6. Provide resumes of the key staff to be assigned to work with the Town including their areas of expertise and years of Financial Advisor experience. List the office location and telephone number of all of these individuals. Indicate who will be attending all Town meetings, document sessions, bond pricings and who will be responsible for day -today coordination. Mark M. McLiney, Senior Managing Director, San Antonio, Texas, (210) 832-9760 Mr. McLineyjoined SAMCO Capital Markets, Inc. ("SAMCO") on January 15, 2015, as a Senior Managing Director. Mr. McLiney previously served 20 years at Southwest Securities, Inc. Mr. McLiney is Financial Advisor to over 130 clients throughout Texas and his work includes advising Cities, Schools, Community Colleges, Counties and Special Districts. Mr. McLiney has worked in municipal finance since 1987. Mr. McLiney served as Board Member of the Municipal Advisory Council of Texas from 2002-2006, including Chairman of the Board in 2005. He is a registered principal with the national Association of Securities Dealers. Licenses and certificates include Series 7 (General Securities); Series 53 (Municipal Securities Principal) and 63 (Uniform Securities Agency State Law Exam), Municipal Bond School (New York, New York). Mr. McLiney has a Bachelor Degree from the University of Kansas and Master of Business Administration in Finance from the University of Texas in Austin. As lead banker, Mr. McLiney brings forth not only his investment experience but his analytical experience as well. Although Mr. McLiney is a not a member of the SAMCO quantitative staff, his past experience included working as an analytical banker. Mr. McLiney has worked on billions of dollars, worth of financings for various Texas Cities and remains equally focused on both the Financial Advisory side and the Analytical side to help offer the best service to his clients. Mr. McLiney will be the lead contact for the Town and in charge of bond pricings. He will plan on attending the Town's meetings. Andrew T. Friedman, Managing Director, San Antonio, Texas, (210) 832-9760 Andrew Friedman is a Managing Director at SAMCO Capital Markets, Inc. ("SAMCO") he joined SAMCO on January 15, 2015. Mr. Friedman previously served at Southwest Securities, Inc. as Vice President where he served as Financial Advisor to several Cities, Schools and Special Districts. Before Southwest Securities, Mr. Friedman was an investment banker at RBC Capital Markets where his work was focused on pursing underwriting opportunities for the firm throughout the State of Texas. Mr. Friedman began his career at the Municipal Advisory Council of Texas where his duties included creating and updating the Texas Municipal Reports which provide a detailed analysis of municipal issuers' financial position, overall economy, and detailed view of their debts. 7 Town Council Joint and Regular Minutes May 26, 2015 Page 103 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas Mr. Freidman graduated from Texas Tech University with degrees in Finance and Accounting. Additionally, he maintains Series 7 (General Securities), Series 79 (Limited Representative — Investment Banker) and Series 63 (Uniform Securities Agent State Law) licenses from the Financial Industry Regulatory Authority (FINRA). Mr. Friedman will be the secondary banker for the Town. He will be familiar with the Town's financings and will be available when and if Mr. McLiney is not available. Mary Jane Dietz, Associate, Dallas, Texas, (214) 765-1438 Mary Jane Dietz is an Associate with SAMCO Capital Markets, based in the Dallas, office. Ms. Dietz joined the firm in February 2015 and is part of the Mark McLiney Municipal Advisory Team based in the SAMCO San Antonio office. Ms. Dietz has twenty years of experience working with Public Finance documentation for cities, counties, school districts, colleges and municipal utility districts. During that time she has worked with issuers, bond attorneys, underwriters, bond rating agencies and municipal insurance companies to facilitate the issuance process and produce the documentation necessary for successful bond offerings. Her duties include preparing calendars for upcoming sales, gathering information for and preparing the offering document for municipal bond sales, preparing closing documents and assisting municipal issuers with their annual SEC 15 c2-12 filings. Ms. Dietz holds bachelor's degrees from Texas Wesleyan University and the University of Texas at Arlington, as well as a master's degree from Southern Methodist University. Ms. Dietz will be in charge of all document preparation and assist the Town with its Continuing Disclosure Requirement. She has worked with the Town in this role for more than 17 years. Mike Hamilton, Managing Director, Dallas, Texas, (214) 765-1468 During his 28 years in the industry issuers, investment bankers and various legal counsels recognize his attention to detail and service. He also brings a high level of expertise in the area of identifying candidates for refunding, whether for savings or structuring to meet the specific needs of a debt issuance. Mr. Hamilton holds a Bachelor of Business Administration degree in Management from Texas Wesleyan University in Fort Worth, Texas. Mr. Hamilton is registered with the Financial Industry Regulatory Authority as General Securities Representative (Series 7) and holds a Uniform Securities Agent State License (Series 63). 114 Town Council Joint and Regular Minutes May 26, 2015 Page 104 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas Chris Whitlock, Managing Director, Dallas, Texas, (214) 765-1437 Mr. Whitlock joined SAMCO in 2009 as Managing Director in Dallas, Texas. Mr. Whitlock has over 20 years of experience in the financial industry. Prior to joining SAMCO, Mr. Whitlock ran the municipal desk in Dallas for Citigroup. He is well versed in areas of Texas municipal finance business, and has many years of experience trading and underwriting a broad spectrum of municipal credits. Mr. Whitlock attended The University of Missouri for his undergraduate degree, and The University of Dallas for his Master's Degree. He is a former board member of The Municipal Advisory Council of Texas. Mr. Whitlock is registered with the National Association of Securities Dealers as a Municipal Securities Principal (Series 53), General Securities Representative (Series 7), and holds a Uniform Securities Agent State Law License (Series 63). OJ Town Council Joint and Regular Minutes May 26, 2015 Page 105 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas 7. List the successful Texas municipalities and other governmental entities bond elections that the firm's members that will be assigned to the Town have served as a financial advisor for in the past five (5) years and indicate any other services your firm provides to assist municipalities during a bond campaign. Mr. McLiney and Mr. Friedman have worked on 16 successful bond elections in the past 5 years. As financial advisors to our clients we are intimately involved in the bond election process. Our involvement begins very early in the discussion process to determine the tax rate impact of the proposed projects once preliminary costs are determined by the architecture/engineering professionals. We work closely with Bond Counsel and the Issuer's Staff to ensure that all documentation is coordinated between parties to get the election called in a timely manner. We make ourselves available to the Staff and Council to discuss the financial impact of the bond election for "Town Hall" type meetings with the public to ensure that the voters are well informed of the factual information regarding a bond election. We often work with Staff to craft election brochures that accurately and easily describe the implications of bond elections with metrics such as the monthly and annual impact on a homeowner's tax bill based on a range of assessed values. In short, we strive to fairly and accurately describe the proposed bonds, the tax impact and general timing of the bond election and bond issuance process. 11/2/2010 City of Haltom City 21,208,000 11/2/2010 Orange County Water Control & Improvement District No. 1 14,000,000 5/14/2011 City of Port Aransas 6,400,000 5/12/2012 City of Pampa 3,000,000 5/12/2012 Tidehaven Independent School District 50,530,000 11/6/2012 City of Everman 2,500,000 11/6/2012 City of Gatesville 1,500,000 11/6/2012 Southwest Independent School District 165,000,000 5/11/2013 City of New Braunfels 86,000,000 5/11/2013 City of Paris 45,000,000 5/11/2013 City of Saginaw 24,000,000 11/5/2013 City of Ci bolo 2,875,000 11/4/2014 City of Cibolo 13,500,000 11/4/2014 City of Cockrell Hill 4,000,000 11/4/2014 City of Fair Oaks Ranch 7,000,000 11/4/2014 Dayton Independent School District 87,820,000 10 Town Council Joint and Regular Minutes May 26, 2015 Page 106 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas 8. Describe your firm's and/or individual's experience as a provider of full-service Financial Advisory services for Texas municipalities and other governmental entities. We are very responsive to the needs and requests of our clients, both during and between debt financing programs. We pride ourselves on providing both comprehensive and timely service. We insist that our team members be directly available to our clients to provide debt service scenarios, tax rate impact analyses, continuing disclosure guidance and information on debt financing alternatives whenever the need arises. SAMCO provides the most comprehensive scope of services as financial advisors to Texas cities. As discussed throughout this document, the services include a high level of experience and expertise on the financings. Listed below is a summary of reoccurring services we provide to ensure the success of the financing program. ➢ Review Financial Goals of the City ➢ Prepare Tax Rate Impact Analysis ➢ Prepare Revenue Coverage Analysis ➢ Analyze Debt Structure Alternatives ➢ Analyze Debt Capacity ➢ Analyze Valuation Parameters ➢ Discuss Financing Alternatives ➢ Provide Interest Rate market Analysis ➢ Prepare a Plan of Finance ➢ Provide access to Internet Bidding ➢ Ensure Competitive Bidding Process ➢ Ensure Widespread Notification of Upcoming Sale ➢ Represent City's interest in establishing Sale Structure ➢ Coordinating Sale information with investment community ➢ Consult on appropriateness of Bids ➢ Provide Market Comparisons to City's Bid ➢ Represent the City's interest in Negotiated Sales ➢ Represent the City in the Credit Rating Process ➢ Develop Plan to attain Credit Rating Goals ➢ Consult on Sale timing ➢ Consult on Call Provisions ➢ Select the Most Qualified Service Providers (bond counsel, printer, etc.) ➢ Negotiate Best Fees for the City ➢ Prepare the Notice of Sale ➢ Prepare the Official Statement ➢ Provide for the Bidding Process ➢ Provide Multi -Year analysis ➢ Assist with Continuing Disclosure Requirements ➢ Consult on Arbitrage Rebate ➢ Consult on Investment Strategy ➢ Consult on Investment Alternatives ➢ Provide comparative interest rates on Investments ➢ Consult on Economic Development Initiatives (TIFs, Freeport, etc.) ➢ Consult on refinancing potential ➢ Prepare Bond Closing Memorandum ➢ Prepare Credit Rating materials on behalf of the City 11 Town Council Joint and Regular Minutes May 26, 2015 Page 107 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas 9. Complete and sign the following forms included in this RFQ: Conflict of Interest Questionnaire, Certificate of Residency and Authorization Form. Provided in Appendices 12 Town Council Joint and Regular Minutes May 26, 2015 Page 108 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas CONFLICT OF INTEREST/REFERENCES 10. Respondents are requested to include a Conflict of Interest Questionnaire as confirmation that the retention of your firm as Financial Advisor will not result in any conflict of interest with the Town. This would include, but is not limited to, any conflicts arising from relationships (both direct and indirect). Should a conflict of interest potentially exist, the prospective Financial Advisor must specify the party with which such conflict may exist, the nature of the potential conflict, and any resolution proposed. Please See Appendix A 13 Town Council Joint and Regular Minutes May 26, 2015 Page 109 of 213 Request for Qualifications for Financial Advisor Town of Trophy Club, Texas 11. Please provide names, addresses and phone number of at least two (2) professional references that can discuss your recent work with municipalities and other governmental entities. Mr. Tom Muir Mr. Chris Dick Mr. Joel Welch Mr. Dolph Johnson Mr. John C. Kessel City of Haltom City City of Midlothian City of Ennis City of Saginaw City of Schertz City Manager 817-222-7745 tmuir@haltomcitytx.com City Manager 214-775-7102 chris.dick@midlothian.tx.us Dir. of Finance 972-875-1234 jwelch@ennistx.gov Asst. CM 817-232-4640 djohnson@ci.saginaw.tx.us City Manager 210-619-1000 jkessel@schertz.com Mr. Robert Camareno City of New Braunfels City Manager 830-221-4281 rcamareno@nbtexas.org 14 Town Council Joint and Regular Minutes May 26, 2015 Page 110 of 213 APPENDIX A CONFLICT OF INTEREST QUESTIONNAIRE Town Council Joint and Regular Minutes May 26, 2015 Page 111 of 213 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Rogular Session. OFFICEt1SEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By lawthis questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense underthis section is a Class C misdemeanor. jj Name of person who has a business relationship with local governmental entity. Not Applicable z ❑ Check this box if you are filing an update to a previouslyfiled questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Cade. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 71 Yes FX -1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 71 Yes FX I No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes EE No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature of person doing usiness with the governmental entity Date Town Council Joint and Regular Minutes May 26, 2015 Page 112 of 213 APPENDIX B CERTIFICATE OF RESIDENCY Town Council Joint and Regular Minutes May 26, 2015 Page 113 of 213 Adopted 06/2912007 CERTIFICATE OF RESIDENCY The State of Texas has passed a law concerning non-resident contractors. This law can be found in Texas Government Code under Chapter 2252, Subchapter A. http:llwww.capitoLstate.tx.us/statutes/docs/GV/content/htm/gv.010,00.002252.00.htm. This law makes it necessary for Town of Trophy Club to determine the residency of its bidders. In part, this law reads as follows: Section: 2252.001 (3) `Non-resident bidder' refers to a person who is not a resident. (4) `Resident bidder' refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section: 2252.002 A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest proposal submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." I certify that SAMCO Capital Markets, Inc. Section: 2252.001 (3) and (4), a X Resident Bidder (Name of Company) is, under Non-resident Bidder My or Our principal place of business under Section: 2252.001 (3) and (4), is in the city of Austin in the state of Texas Does your principal place of business or ultimate parent company or majority owner: A. have its principal place of business in this state; or B. employ at least 500 persons in this state; X YES NO Signature of Authorized Wipany Representative Date Mark M. McLiney, Senior Managing Director Printed Name and Title Town Council Joint and Regular Minutes May 26, 2015 Page 114 of 213 APPENDIX C AUTHORIZATION FORM Town Council Joint and Regular Minutes May 26, 2015 Page 115 of 213 AUTHORIZATION FORM Description: Financial Advisor Vendors Name: SAMCO Capital Markets, Inc. In submitting this RFQ I certify as follows: 1. The prices in this proposal have been determined independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter related to such prices, with any other bidder or with any competitor. 2. 1 have read each of the Proposal documents -outlined in the RFQ and agree to abide by the terms and conditions thereof. 3. 1 acknowledge that if information in the Authorization form is falsified or misrepresented, the corresponding proposal will not be considered by the City. DATED- this 13 th day of May, 2015 Name of Fim° . SAMCO Capital Markets, Inc. Signature: Name Typed: Mark M. McLiney Title: Senior Managing Director Firm's Address: 8700 Crownhill Blvd., Suite 601 San Antonio, Texas 78209 Fed.ID#: 20-2932662 Phone Number. 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c d CU B O nA UQ nD w uo uo w C CO cu v WSW{ N b0 v W bn > E > C a C C E C Ov Ca CU O _ idWL aJ C>a + a� C>6 v C>6 v C>o U E E +' aJ C6 OC Ln w LL Ln oC Ln oC Ln oC Ln Ln - Ln - D OC Ln z v aJ Ln O N N O N J Ln r -I m O N m i ro Ln a 06 Ln ov r -i Ln LO O U OC Q ON m O o L, m cu cu E c� � m a > Ln� m Ln N to U _��xf 0U __��xL W _G�x! 06-0 O u mx Cxo Cxo +' Ln m Cxo N CO C6 ~ U r -I `- X X �CCU 1 O �C ra N r -I E C C L> J C p J Ln ULn� UUD� Ln�UU D O O O O O O O O O O O O O O O O O O l�D r -i I�t M 00 Ln I- 00 m O r" N Ln ze N M r -I M 01 Ln Ln N P Co r I _ Q ro 0 0 (D c O p a U p CL U t t C : N u U U Y U N `m vi C: c ca) cu p a 4- Li CLT CLS CLT Ln Ln �O U UOf N N 1 N U C > a' p +' O a--- O O ro ro 2 _O _O cu 2t 2 2 2 Ln v Q ra p ° 4- D 0 U r -i r -i r -i r -i O O O O O O O O O O o r14 r14 r14 r14 r -j r14 r -j r14 r -j r14 C) r -I r -i r -i r -i r -i Ln LnLn Ln Ln 3 O O O O O r -i r -i r -i r -i r -i N N N N N N N N N N ~ ri ri ri rl ri ri rl r -i r -i r -i ATTACHMENT F Joint Police and Town Hall Facility Exhibit Town Council Joint and Regular Minutes May 26, 2015 Page 136 of 213 71' LO C) N_ low." N a w w0 > 0 0 as z a- 0 Z Y < CL 0 LU o u 0 -j 7) 0 C) CO u r4 Lu :D w CN C: 0- Ln 1�1 r— LU 00 In 00 ry r4 ry aH1 T4 U V 0 0 0 CD© O r-# r4 hJ Lo Cr w r -I N N r -I CJ VI C cn L Q Ln Qj u � 2 � a L 1� Q ❑ � ❑ H CL C ❑ E cr F- m G E Ln iA 0 O LA !Z ++ r+ a��ut U Q7 V � N 00 In 00 ry r4 ry aH1 T4 U V 0 0 0 CD© O r-# r4 hJ Lo Cr w r -I N N r -I CJ VI C L Q 43 r 2 d L 1� Q o2i � ❑ H 1 � C ❑ E cr F- m u Ln iA dr O LA !Z ++ r+ a��ut N C C o -0 V N R7 E LL t 7 ui f4 ll4 m LD m -1 m r(U m to Q1 f�T l�D GO u ' O ❑ v CL chi 0 w CU m V "` Q �L.. O CL Z V) CC d t,.1 Cl d N9 ri f V ['y7 'CP til Lfl Q Q � Q D❑ a d a d Cl a 0 0 0 Q Q O c OD C VI ❑ L Q 43 r 2 d L 1� Q o2i ❑ ❑ H _ m Ln E rI C ❑ E cr F- m °J Z CL Ln iA dr O LA !Z ++ r+ a��ut N C C o -0 R7 E LL t f4 ll4 m LD m -1 m r(U m to Q1 f�T l�D GO 4 ' ❑ 0 w O C VI ❑ L Q 43 r 2 d L 1� Q o2i ❑ ❑ H _ m Ln E rI 4 ❑ E cr F- m °J Z CL Ln iA dr O LA !Z ++ r+ r -I d Ln m m I» fn 0 +V. M v O r - m �+ m ° CL t/1 U a ri 0 1 r-1 O Lel Ln Ln oo m Ib M fyl N Ln N CW t V4 [T O ri V 41 f0 a 0 L 0 � u R o ,ten i i° o 0 w m 3 Vl tp) VI L Q 43 _❑ � a. o2i E ' C uD C dr O LA !Z ++ r+ a��ut N C C o -0 r -I d Ln m m I» fn 0 +V. M v O r - m �+ m ° CL t/1 U a ri 0 1 r-1 O Lel Ln Ln oo m Ib M fyl N Ln N CW t V4 [T O ri V 41 f0 a 0 L 0 � u R o ,ten i i° o 0 w m 3 Vl tp) ATTACHMENT G Letter from Teague Nall and Perkins Town Council Joint and Regular Minutes May 26, 2015 Page 140 of 213 tnp. teague nail & perkins www.tnpimcom May 21, 2015 Stephen Seidel Town Manager Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Re: Recommendation for Contract Award Paving, Drainage, Water and Sanitary Sewer Improvements for Pebble Beach Drive, Pin Oak Court, Timberline Court and Cypress Court Dear Stephen: On May 14, 2015, bids were opened for the above referenced Town/MUD project. One bid was received by McClendon Construction Company. A bid tabulation has been prepared and attached for record. Upon review, the bid is consistent with the engineer's estimate. Based on the submitted bid and similar project experience, McClendon Construction Company has met the requirements as the lowest qualified bidder. Two separate meetings were held with the Town, MUD, TNP and the Contractor to discuss the submitted bid and construction timeline. As a result, the overall cost decreased and the schedule was reduced. McClendon Construction Company submitted the lowest qualified Base Bid of $1,131,285.40. After meeting and negotiating with the Contractor, the revised Total Base Bid is $1,099,373.40. The submitted bid time for the improvements was as follows: • 290 calendar days for Sequence 1 — Pebble Beach and Cypress Court • 185 calendar days for Sequence 2 — Pin Oak Court • 155 calendar days for Sequence 3 — Timberline Court. After meeting and negotiating with the Contractor, the revised bid time is as follows: • 245 calendar days for Pebble Beach and Cypress Court • 210 calendar days for Pin Oak Court and Timberline Court engineers surveyors landscape architects Fort Worth - 1 100 Macon Street- Fort Worth, Texas 76102 - 81 7.336.5773 Dallas- 17304 Preston Road, Suite 1340 - Dallas, Texas 75252 - 21 4.461.9867 Denton - 1517 Centre Place Drive, Suite 320- Denton, Texas 76205 - 940.383.4177 Sherman - 200 North Travis Street, Suite 500 - Sherman, Texas 75090- 903.870.1089 Town Council Joint and Regular Minutes May 26, 2015 Page 141 of 213 Registered by the Texas Board of Professional Engineers, Firm No. F-230 - Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00 Based upon these factors, it is recommended that this contract be awarded to McClendon Construction Company. Sincerely, tnp League nail & perkins Tom Rutledge Principal Attachments Town Council Joint and Regular Minutes May 26, 2015 Page 142 of 213 OF Z W 2 , W U ow � a a � w z w a 3 w W CO ❑ } O � U F- F Z Z J ir O W a ❑� w a~ W O ° `s Q m 0 y) T U Z_ a LOU v 0 m} w p c E _ > CO 0 0 Q C ❑ 0 U H p ❑ m Q zLL U v m O d w Z .. 0o 0 F a Z U W U J W U ❑ U Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O N O O O O O O O O O O O O O O O N J O O f0 7 O O N L7 r O N O O N V 0 0 0 0 0 0 0 0 0 t+D a O O 0 VV O r O 2 O N O rO E O N N W 0 0 0 O O O N Q! 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WHEREAS, the applicant seeks to open a liquor store in The Village Shopping Center within a 3,000 square foot lease space numbered Suite 420; and WHEREAS, all legal notices, requirements and conditions having been complied with, the Special Use Permit came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance amending the Comprehensive Zoning Ordinance of the Town is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: TgvPGOATSSiht'27rd Regular Minutes May 26, 2015 Page 151 of 2131 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. SPECIAL USE PERMIT CONDITIONS 2.01. A Specific Use Permit (SUP) for a Liquor Store located on Lot 1 within PD Planned Development #13, The Village At Trophy Club, and further described in Exhibit "A", a copy of which is attached hereto and incorporated herein, is hereby approved as set forth herein, and the SUP and the use for which it is granted is subject to all Applicable Regulations and to the following conditions: A. The Liquor Store use granted by this SUP shall not exceed 3,000 square feet of gross floor area and shall be located within Suite 420 as shown on the attached Exhibit "A". SECTION 3. APPLICABLE REGULATIONS/DISCONTINUATION/REVOCATION In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing PD Planned Development #13 and all amendments thereto. The Specific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development #13 and/or the Comprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinue if the use for which this Specific Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) months. Further, this Specific Use Permit shall be subject to revocation in accordance with the Town's Comprehensive Zoning Ordinance, SECTION 4. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. TORDC2o0unN11?ointaZnd Regular Minutes May 26, 2015 Page 152 of 2132 SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. TORD 0, 0uunciil �Joi nand Regular Minutes May 26, 2015 Page 153 of 2133 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 26th day of May, 2015. L� C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: d' ��W-tm3l - Holly Finj$res, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: /,I- - /11-� jlyw-'O� Patricia A. Adams, Town Attorney Town of Trophy Club, Texas [SEAL] OF TR0, oa C Ir r-- c t TRffR9A9r 1j? tVd Regular Minutes May 26, 2015 Page 154 of 2134 To w- of -Trooh y club, Texas A PPLIC4 7YON FOR SPECIFIC USE PER MIT A L L 0 WIN G THE LIQUOR FOR OFF PREMISES CONSUMPTION ONL Y (PA CKA GE STORE) DAT�: NANI.E OF BUS'iNESS: Ao,,n 6— L 4 4C LIQUOR SALES (PACKAGE STORE) MBR MIXED BEVERAGES IN RESTAURAI',ITS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY Current Zoning APPLICANT OR APPLICANT'S REPRESENTATIVE PHONE #: ADDRESS- Op3 61 5110 7(,093 SIGNATURE PROPERTY OWNER(S): NAM -:HONE It: Jkjc P � :3 --- ADD RESS: 6:� SIGNATURE: NAM Ppfc)K-E"#: ADD, ES& SIGNA'7URE: BUSINESS om-cp NAME: PHONE 9: ADO ESS: SIGNATURE: RECEIVED MAR 2 3 201 Town Council Joint and Regular Minutes May 26, 2015 Page 155 of 213 To Whom it May Concern: 6S Spirits would like to ask the Town of Trophy Club to approve the request for a Special Use Permit. As an independent business, we rely on our hands -on -approach to ensure our "look", our employees, and our products exceed the expectations of the community. The following paragraphs outline of how our company plans on achieving these goals. 6S Spirits will offer products ranging from standard to high end brands, as well as, new trending items. Currently, in our other 6S location, we showcase local craft beers, such as Grapevine Craft Brewery, Community, Shannon, and Armadillo Ale works. We look to expand our local Craft selection even deeper in Trophy Club. Local wines such as: Duchman, Cross Timbers, and Maker fill our shelves, as well as, an expanse selection of wines throughout the U.S. and across multiple regions of the world. For our Whiskey, Rum, and Vodka friends, we carry all of the popular brands, as well as, TX Whiskey, all of the Jem-Bev portfolio (Red River, Western Son) Trey -Mark and Nue Vodkas, and Witherspoon Whiskey and Rum. As an independent operator, promoting local independent businesses is a top priority. Beyond the local brands, standards such as Absolut, Tito's, Grey Goose, Johnnie Walker, Bacardi, and Don Julio, will always be available. Furthermore, we enjoy carrying the Small Batch or boutique labels from different parts of the U.S. and across the globe and encourage our local customers to make requests for anything they don't see us keeping in stock. Many stores offer mirrored selections of wine, however, 6S puts the effort into creating a list that includes classics and labels not found at Drug Stores and/or most Grocery Stores. Overall, our variety will keep our customers local which keeps the dollars local to The Town of Trophy Club. With that being said, there are certain types of products the company chooses not to carry in the stores because they do not reflect the environment 6S Spirits prefers to create. Another staple to 6S Spirits is our weekly samplings. Samplings play a key role in growing our selection by allowing our customers to try products that are either new or perhaps Town Council Joint and Regular Minutes May 26, 2015 Page 156 of 213 they have not had before. Samplings are offered on a scheduled day and time and conducted by models hired by the brand. The store has set guidelines such as: checking LD.'s before a sample is offered and the presentation area must clearly display brand, price, as well as, follow T.A.B.0 law of one sample per person. On occasion, a "Brand Ambassador" will conduct a short seminar and tasting while educating the consumer on the intricacies of how the spirit is made and why their brand is unique. Those are also scheduled in advance and open to all adults 21 years or older. Making sure "of age" adults are the only people making purchases is an absolute. A valid I.D must be shown in order to buy any item in the store. NO EXCEPTIONS. The appearance of the store will be up -scale and welcoming. The exterior will show our sign (that is consistent with the shopping centers look), Hours of Operation, and legal documents (that we are required by law to show) will be the only items seen. Rustic wood fencing, organized shelving, and colorful displays, along with a stained concrete floor will give our interior appearance a rustic, vintage style. Beer will be kept in cooler along with some of the wines, Ready -to -Drink products and more. We take extreme pride in our appearance, inside and out, and our employees are required to not only clean before and at the end of their shift but, throughout the day. 6S in Sanger receives daily compliments from not only our customers but our vendors on how well our store looks and the cleanliness of it. The company's employees are held to high customer service standards, product knowledge, and a clear understanding of Texas Alcohol Beverage Commission Laws. We understand our employees are essential in providing every customer with assistance on answering questions or making suggestions, therefore, a thorough training must be completed by each person during their 90 day probation. However, training is not finished once the 90 days is up; we continue to coach our employees and test them weekly on new product knowledge. This ensures we are providing the level of customer service our customers deserve. Casual uniforms and professional appearances are required. 6S Spirits in Trophy Club will be an up -scale store, far exceeding any previous stores before us. We are a customer service oriented store that happens to sell Spirits. I can assure you Town Council Joint and Regular Minutes May 26, 2015 Page 157 of 213 6S will NEVER be a "liquor" store; we will ALWAYS be a store that respects and provides the great people of Trophy Club the service it is accustomed to and deserves. We are extremely excited and thankful to be given the opportunity to work with and in The Town of Trophy Club. Town Council Joint and Regular Minutes May 26, 2015 Page 158 of 213 a MOM ; j ET�1 40FT ENTRY F - LO Town Council Joint and Regular Minutes May 26, 2015 Page 159 of 213 Av SANGER, TEXAS WE N 1�` C77 -j 1tawv( forY our _. - --Af-... of .. 0 * �► Li � fprysim p t a -O z y ' 1 Ire � i I ATTACHMENT I Ordinance No. 2015-04 P&Z Town Council Joint and Regular Minutes May 26, 2015 Page 163 of 213 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-04 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING SUBSECTION 3, OF SECTION 5.09(B), ENTITLED "CHANGES TO THE SITE PLAN" OF SECTION 5.09, ENTITLED "SITE PLAN REQUIREMENTS" OF ARTICLE V, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS" OF CHAPTER 13, ENTITLED "ZONING" OF THE CODE OF ORDINANCES OF THE TOWN AND ADOPTING A NEW SUBSECTION 5.09(B)(3) REGULATING ADMINISTRATIVE APPROVAL OF CHANGES TO SITE PLANS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the Planning and Zoning Commission has reviewed Subsection (3) of Section 5.09(B), entitled "Changes to the Site Plan" of Section 5.09, entitled "Site Plan Requirements" of Article V, entitled "Supplementary District Regulations" of Chapter 13, entitled "Zoning" of the Code of Ordinances of the Town, which subsection authorizes approval by the Planning and Zoning Administrator of changes to the details of an approved site plan where the proposed changes do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase density, floor area, height, or reduce the yards provided at the boundary of a site as indicated on the approved site plan; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the repeal of Subsection 5.09(B)(3) of Article V, of Chapter 13 of the Code of Ordinances and the adoption of new regulations governing ORD 2015-04 P&Z Town Council Joint and Regular Minutes May 26, 2015 Page 164 of 213 1 administrative approval of site plans by the Town Manager or his/her designee; and WHEREAS, after due deliberation and consideration by Town Council of the Town of Trophy Club, Texas at a properly posted public hearing, the Town Council now deems it necessary and in the interests of public health, safety and welfare and the orderly development of land within the Town, to adopt this Ordinance amending the Code of Ordinances of the Town by repealing existing Section 5.09(B)(3) and adopting a new Subsection (3) of Section 5.09(B), entitled "Changes to the Site Plan" of Section 5.09, entitled "Site Plan Requirements" of Article V, entitled "Supplementary District Regulations" of Chapter 13, entitled "Zoning" of the Code of Ordinances of the Town, as more specifically set forth below. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Subsection 3 of Section 5.09(B), entitled "Changes to the Site Plan" of Section 5.09, entitled "Site Plan Requirements" of Article V entitled, "Supplementary District Regulations" of Chapter 13, entitled "Zoning" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby repealed in its entirety, and a new Section 5.09(B)(3) is hereby adopted, and shall be and read in its entirety as follows, with all other provisions of Section 5.09(B), "Changes to the Site Plan" to remain unaltered and in full force and effect. B. Changes to the Site Plan "3. Minor changes of details within a site plan, which do not create a significant change to the physical and aesthetic character to a previously approved site plan as approved by the Town Council, may be authorized by the Town Manager or their designee when such minor changes will not cause any of the following circumstances to occur: a. Changes to any development requirement and/or preference imposed by the Town Council as a condition of approval of the site plan; or ORD 2015-04 P&Z Town Council Joint and Regular Minutes May 26, 2015 Page 165 of 213 2 b. Any change to a landscaping, building design or other requirement that is not generally consistent with the approved plan(s) and fails to meet the minimum requirements of any Town ordinance, pertinent PD district, Specific or Conditional Use Permit, or any other valid legislative regulation imposed on the site; or c. A change in floor area and/or the ratio of the gross floor areas in structures to the area of any lot; or d. A change in the intensity of use and/or density of residential units; or e. A change in the originally approved separations between buildings; or f. A change in any impacts related to traffic circulation, public health and safety, utility construction; or g. A change in any effect of the development upon on adjacent property including light, noise, odor and visual obstruction; or h. A change in the originally approved setbacks from property lines; or i. A change in height of any structures; or j. A change in ground coverage by structures; or k. A change in the ratio of off-street parking and loading space to gross floor area in the structures; or I. A change in the subject, size, lighting, flashing animation or orientation of originally approved signs; or m.Any change that would require the approval of a variance or waiver to any code or zoning district requirement where none currently exists." SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Zoning and Site Plans and shall not repeal any of the provisions of such Ordinances except as specifically provided herein and except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance or the Comprehensive Zoning Ordinance of the Town; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance or adopted as part of an Ordinance or regulation for a Planned Development Zoning District, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, ORD 2015-04 P&Z Town Council Joint and Regular Minutes May 26, 2015 Page 166 of 213 3 cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by law. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. ORD 2015-04 P&Z Town Council Joint and Regular Minutes May 26, 2015 Page 167 of 213 C! PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 26th day of May, 2015. ATTEST: Holly Fim , Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: I-- pit � It IQL� L/nt� . —11cia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-04 P&Z C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Joint and Regular Minutes May 26, 2015 Page 168 of 213 ATTACHMENT J Vehicle Replacement Policy Town Council Joint and Regular Minutes May 26, 2015 Page 169 of 213 Town of Trophy Club Fleet Replacement Policy General Policy It is the policy of the Town of Trophy Club to provide staff with the tools needed to do the job in a professional, competent, and safe manner. Among the biggest "tools" in accomplishing the task are motor vehicles. In addition, these items are a very substantial financial investment and need to be handled in the most economic manner to the Town, both in their operation and in maximizing their disposal value. Each vehicle has a number of "lives". Vehicles have a service life, which is the amount of time a vehicle is capable of rendering service. Vehicles have a technological life, which is the amount of time a vehicle is capable of rendering service. Vehicles have a technological life, which represents the relative productivity decline of the unit as compared to newer models. Most important, a vehicle has an economic life, which is the length of time the average total vehicles cost is at a minimum. The unit expenses and costs should be considered in determining fleet replacement recommendations; the following is a list of those expenses/costs: 1. Fuel Costs 2. Operation Costs 3. Maintenance Costs, to include parts availability 4. Downtime 5. Technological Obsolescence 6. Condition 7. Safety The realities of the budget process, monetary restrictions, and administrative policies will limit the replacement that can be made each year, and that priorities must be set to determine which vehicles to replace with available funds. The purpose of this policy is to set forth an outline for user departments, in cooperation with the Finance Department to establish these priorities for recommendation to management. Equipment Replacement Evaluation and Criteria Vehicles will be evaluated by four criteria: age, mileage, operation & maintenance cost, condition of body, and mechanical components. A baseline is set for each criterion and points are assigned, depending on how the item's data compares to the base standard. The ratings are low, base (equal to the standard), high and extreme. Points are assigned as follows: I -low, 2 -base, 3 -high, and 4 -extreme. Any point total equaling or exceeding eleven (11) indicates that the vehicle should be recommended for replacement. The point total is used to rank its replacement priority, and the larger the number the higher the replacement priority will be. A priority ranking Town Council Joint and Regular Minutes May 26, 2015 Page 170 of 213 will be developed for the entire fleet by class of vehicle regardless of departmental assignment. Priority ranking is intended to serve as a guide and should be considered along with manager recommendation. Special circumstances might present themselves such that a vehicle may not meet the criteria for recommendation to replace, but due to circumstances not captured in the policy a department head may recommend to replace early. Or on the contrary, a vehicle may meet the criteria for replacement but the manager might recommend delaying replacement because they feel the vehicle can still be of use with little maintenance costs. The following is a brief explanation of the rating criteria: Age: based on the experience in the class of equipment and industry standards as recommended by the Government Services Administration, State standards, other cities, etc., and intended to reflect the least cost and highest resale value to the Town. Mileage/Hours: based on the experience in the class of equipment and industry standards as recommended by the Government Services Administration, State standards, other cities, etc., and intended to reflect the least cost and highest resale value to the Town. Maintenance Cost: The base cost will be a total of maintenance and repair costs as a percentage of the original purchase price. Accident and warranty repairs are not to be included in this total. Condition: a physical evaluation made for each vehicle that meets or exceeds the base standards for age, mileage, and maintenance costs. The criteria would be an assignment of a repair cost as a percentage of the book value of the vehicle. Vehicle history, such as accidents would also be considered at this point. Comments and Other Considerations: This is where the Department Manager can comment on vehicle history, costs, technological changes, safety items, ect. that should be considered in the evaluation Town Council Joint and Regular Minutes May 26, 2015 Page 171 of 213 Replacement Parameters Age Condition Points Below base replacement age 0 < 1 year over base 1 1-2 years over base 2 3-4 years over base 3 4+ years over base 4 Mileage Condition Points Below base replacement mileage 0 Base + < 10,000 miles (600 hours) 1 Base + 10,000-20,000 miles (600-1,200 hours) 2 Base + 20,000 miles (+1,200 hours) 3 Maintenance Cost Condition Points < 5% of the purchase cost 1 5% to 12% of purchase cost 2 13% to 25% of purchase cost 3 > then 25% of purchase cost 4 Condition Evaluation Condition Points Repair cost <6% of the book value 2 Repair cost 6% to 18% of book value 3 Repair cost >18% of replacement 4 Town Council Joint and Regular Minutes May 26, 2015 Page 172 of 213 Equipment Replacement Base Criteria Item Age Mileage/Hours Truck (non -diesel) 5 80,000 Truck (diesel) 7 90,000 Ambulance 7 75,000/7,500 Police Vehicle 3 60,000 Police Admin Vehicle 5 80,000 Town Council Joint and Regular Minutes May 26, 2015 Page 173 of 213 Vehicle/Equipment Evaluation Summary Report Item #: Department Assignment: Year: Description/Use: Summary Values Age Mileage Purchase Cost: Book Value: Evaluation/Report Date: Make: Base Age from Policy Base Mileage Total M&R: Est Repair Cost: Total Points Comments and other considerations: Model: Points: Points: Points: Points: Town Council Joint and Regular Minutes May 26, 2015 Page 174 of 213 ATTACHMENT K Purchasing Policy Town Council Joint and Regular Minutes May 26, 2015 Page 175 of 213 TOWN OF TROPHY CLUB PROCUREMENT POLICIES AND PROCEDURES SECTION 1.0: POLICIES 1.01 Purpose The purpose of the Town's Procurement Policy is to provide the parameters for the expenditure of funds in the procurement of goods and services for the Town of Trophy Club. The policies and procedures outlined herein are intended to comply with the Town of Trophy Club's Mission and legally mandated federal and state statutes. 1.02 Policy Regardless of the value of the expenditure, it is the policy of the Town of Trophy Club to promote competition that produces the highest quality goods and services at the lowest possible price whether or not the item is subject to bid. The Town Manager in coordination with the Town Council is charged with establishing the policies for the procurement of all goods and services. The Finance Department • Develops purchasing objectives, programs, and procedures for the acquisition of materials, equipment, supplies, and services; • Helps department managers provide open and fair competition to vendors; and • Helps departments prepare and obtain approval of purchase orders, price agreements, and contracts. The City Secretary's Office/Department Managers or designee: • Receives, and monitors formal bids for purchases. The Department Managers: • Develops and maintains technical and non-technical commodity specifications; • Ensures funding is available for procurement in department budgets; • Provides open and fair competition to vendors; • Prepares requisitions; • Obtains approval of purchase orders, price agreements, and contracts; • Prepares requests for proposals (RFPs), requests for qualifications (RFQs) and requests for bids (RFBs); and • Monitors and evaluates the performance of vendors including, but not limited to, compliance with contract specifications. 1.03 Free and Open Competition All procurement transactions, regardless of dollar value, whether advertised or negotiated, shall be conducted in a manner so as to provide maximum free and open competition. The Town Manager or Town Council should be alert to organizational conflicts of interest or noncompetitive practices among Town Council Joint and Regular Minutes May 26, 2015 Page 176 of 213 contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors who develop or draft specifications and other requirements for solicitation instruments (Requests for Bids or Proposals) shall be excluded from competing for such procurement. 1.04 Compliance In order to have an efficient purchasing function, all departments must work in close cooperation with the Finance Department. Departments can ensure compliance with the Town's policies and procedures by: • Informing departmental personnel of the purchasing requirements and ensuring adherence; • Planning purchases in advance in order to allow sufficient time to advertise, when necessary, obtain proposals, quotations, or bids, determine best source, and issue purchase orders with reasonable lead-time for delivery and thus prevent emergencies; • Providing accurate and concise specifications for items requested and timely preparing requisitions; • Inspecting or supervising the inspection of commodities, services and equipment delivered; and determining acceptability of their quality, quantity, and conformity with specifications; and • Providing complete written documentation of a vendor's performance to be used in future bid award evaluations. SECTION 2.0: CODE OF ETHICS Officers and employees of The Town of Trophy Club are public servants, who will carry out their activities in a fair and legal manner avoiding actual or perceived conflicts of interest. All officers and staff members are expected to conduct the activities of the Town in full compliance with the law and in an honest, fair, and courteous manner. Officers and staff members must neither ask nor expect contractors, vendors or others with whom the Town does business to favor the Town, the officer, or the individual staff member with special treatment. Officers and staff members should not permit personal preferences and dislikes to affect decisions related to their duties. To do so acts against the Town's policy which is to treat all individuals, members, potential members, contractors, and others fairly and equitably. Conversely, officers and staff members are expected to use their best professional judgment and expertise when evaluating potential vendors and contracts for purchasing goods and services. This section does not preclude officers and staff from considering past purchasing experience with a specific vendor when making a future purchasing decision or recommendation to Town Council. Third party references and vendor experience may be considered by the Town when evaluating and awarding contracts for purchases. SECTION 3.0: CONFLICT OF INTEREST 3.01 Contracts Specifically, with reference to contracts, no employee or officer of the Town who exercises any functions or responsibilities in the review or approval of an undertaking or the carrying out of one of Town's contracts shall participate in any decision relating to that contract if the decision affects his or her personal financial interest, such officer or employee has a substantial interest as defined by state law, or participation by such officer or employee is otherwise prohibited by state law or Town policy. If a former staff member or Town officer has worked less than one year for a business seeking to contract with the Town, the business entity must make this known and must describe the relationship between the former employee/officer and the firm. In no instance may this former employee/officer have hours billed on any project or program. To do so is reason for not awarding a contract. Town Council Joint and Regular Minutes May 26, 2015 Page 177 of 213 3.02 Declaration of Conflict of Interest In the event of a conflict of interest as defined by state law, the affected officer or employee must file a signed affidavit declaring his or her conflict of interest. The affidavit must be filed with the Town Secretary. Such official, officer or employee must abstain from discussion of or voting on a bid, proposal, or contract submitted by a business entity in which he/she has a substantial interest. More specifically, in addition to the requirement to complete an affidavit, when an item is placed before a Board, Commission, Committee, or Town Council for review, any and all members of those bodies who has a conflict of interest shall announce that he/she has such conflict and shall leave the room until the body has discussed and taken action on the item for which the member has a conflict. Moreover, it is the policy of the Town that an employee who has a substantial interest in a business entity as defined by state law, shall follow the procedure outlined in this section by completing an affidavit and leaving the room where a discussion and/or vote is taking place regarding the business entity in which the employee has an interest. Further, it is the obligation of officials, officers, and employees to avoid apparent conflicts of interest by abstaining and following the procedures specified in this section. Officials, officers, and employees shall abstain from participating in the procurement process, which includes but is not limited to discussions, lobbying, rating, scoring, recommending, providing current copies of contracts outside of Public Information Act process, explaining or assisting in the design or approval of the procurement process on contract with the organization he or she represents or from which he or she receives a direct financial benefit; or on contracts with organizations in which a family member will realize a direct benefit. 3.03 Violations and Remedies Violations of the provisions of this Article constitute misconduct, subjecting the violator to any and all penalties prescribed by law. Penalties, sanctions, or other disciplinary actions, to the extent permitted by state or local law, rules or regulations, shall be imposed for violations of the code of conduct/conflict of interest standards, by the Town's officers, employees or agents or by persons, contractors or their agents, when the procurement involves state or federal programs and/or funds. Appropriate sanctions, penalties, or disciplinary actions shall be applied for violation(s) of these policies and/or state law. Violations of state or federal law shall be referred to the proper authority having jurisdiction over it. 3.04.1 Substantial Interest A person has a substantial interest in a business entity if: (1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceed 10 percent of the person's gross income for the previous year. Additionally, a local public official is considered to have a substantial interest if a person related to the official in the first degree by blood or marriage, as defined by Chapter 573 of the Texas Government Code, has a substantial interest as defined herein. SECTION 4.0: LEGAL CONSIDERATIONS 4.01 Procurements Exempt from State Law Competitive Bid Requirements Purchases made by the Town shall be in accordance with State law. Except as specifically exempted by state law or by the terms of this Procurement Policles and Procedures Manual, including but not limited to Sections Four, Five and Seven, written, competitive bids must be taken for all procurements over $50,000. Procurements exempt from the competitive bid requirement are as follows: • Those made in case of public calamity, where it is necessary to act immediately to appropriate money to relieve the necessity of the Town's residents or to protect or to preserve Town property and for which Town Council has approved a Resolution ratifying the expenditure as an exception to the competitive bid requirement. Public calamity shall mean a grave event or occurrence that causes great loss or distress for the residents of the Town, including but not limited to natural disasters, acts of war, acts of terrorism, and other events as authorized by law or as determined by the Town Council to constitute a public calamity Town Council Joint and Regular Minutes May 26, 2015 Page 178 of 213 after consideration of the existing facts and circumstances. Purchases made pursuant to this exception shall be in accordance with the Emergency Management Procedures in effect at the time of the purchase; • Those made necessary by unforeseen damage to Town property, machinery or equipment for which Town Council has approved a Resolution ratifying the expenditure as an exception to the competitive bid requirement. Such resolution shall explain the nature of the damage, the cause of the damage, and the urgent need that supports the use of an exception to competitive bid. Unforeseen damage shall mean unexpected damage caused by some natural force or act of vandalism or other criminal or negligent act or omission. Purchases made pursuant to this exception shall be in accordance with the Emergency Management Procedures in effect at the time of the purchase; • A procurement necessary to preserve or to protect the public health or safety of the Town's residents for which Town Council has approved a Resolution ratifying the expenditure as an exception to the competitive bid requirement. Purchases made pursuant to this exception shall be in accordance with the Emergency Management Procedures in effect at the time of the purchase; • Those for personal, professional, or planning services as budgeted are exempt from competitive bid; however, the procurement of those types of services shall be done in accordance with state law requirements and the RFQ/RFP process as specified in the Town's Procurement Policies and Procedures manual, including but not limited to Section 5.07 of that manual; • Those for work performed and paid for by the day as work progresses as budgeted by the Town Council; • A purchase of land or right-of-way for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Items that are available from only one source and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • A purchase of rare books, papers, and other library materials for a public library and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Paving, drainage, street widening, and other public improvements, or related matters, if at least one- third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; • A public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • A payment under a contract by which a developer participates in the construction of a public improvement as provided by Chapter 212 of the Texas Local Government Code and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Personal property sold: o At an auction by a state licensed auctioneer provided that such purchase has been approved as a part of the budget or that the Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; o At a going out of business sale held in compliance with Chapter 17, Texas Business and Commerce Code provided that such purchase has been approved as a part of the budget or that Town Council Joint and Regular Minutes May 26, 2015 Page 179 of 213 the Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement o By a political subdivision of the state of Texas, a state agency of the State of Texas, or an entity of the federal government pursuant to an interlocal agreement approved by Town Council; or Under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391 of the Texas Local Government Code provided that such purchase has been approved as a part of the budget and that Town Council has approved the interlocal contract for cooperative purchasing; • Services performed by blind or severely disabled persons; • Goods purchased by a municipality for subsequent retail by the municipality and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Electricity; or • Purchases made pursuant to an approved cooperative purchasing program or those from an approved state program provided that Town Council has approved participation in the cooperative purchasing or approved state program. Contracts shall be awarded in a manner consistent with the provisions of Town policy statements and state law. 4.02 Conflict of Interest An employee of the Town may not solicit bid quotations from relatives of the employee or relatives of another Town employee on products to be purchased by The Town. 4.03 Public Access to Procurement Information Procurement information shall be a public record to the extent provided by the Texas Open Records Act and the Freedom of Information Act and shall be available to the public as provided therein. If a proposal contains information that the bidder considers proprietary and does not want disclosed to the public or used for any purpose other than the evaluation of the offer, all such information must be clearly marked as proprietary and confidential by making such notation on each page or portion thereof containing propriety and confidential information. The Town reserves the right to duplicate, use, or disclose the information as needed to prepare contract documents and working documents for the project and is not liable for accidental disclosure of such information. 4.04 Confidentiality of Bidders Quotations A vendor's bid/proposal is confidential until opened. Therefore, no bid or proposal shall be opened before the date and time of the published opening of such bid/proposal. Opening bids/proposals prior to the publication date and time is a violation of state law and Town policy. SECTION 5.0: METHODS OF PROCUREMENT 5.01 General The Town has four methods for procuring goods and services each of which is determined by the total estimated cost of the purchase. However, regardless of the cost of the purchase, the objective is to secure the highest quality goods and services at the lowest possible price. No purchase may be split to circumvent the dollar amount requirements. With the exception of Petty Cash and procurement card purchases, the procurement process begins with the preparation and approval of a Purchase Order (see Section 6.0). All purchases except those made through Petty Cash, Procurement Card, or those listed Town Council Joint and Regular Minutes May 26, 2015 Page 180 of 213 under the exemptions in Section 6.0 must be made through an approved Purchase Order or Contract. Purchase Orders will not be issued "after -the -fact". 5.02 Petty Cash Purchases - Cost up to $100 All Town departments and employees have access to the use of petty cash funds for individual item purchases with dollar values not in excess of $100. The petty cash fund is to be used for small purchases that the employee can pick up at a local facility if a purchasing card is not accepted or if the employee has not been given a purchase card. Town employees are not to misuse petty cash funds by splitting a purchase into more than one transaction in order not to exceed the $100 limit. A petty cash slip must be completed and signed by the requesting employee and authorized by the employee's manager. Receipts for each transaction must accompany the petty cash slip. Neither a purchase requisition nor competitive bids are required when using petty cash. 5.03 Procurement Card Purchases —Travel Expenses • Personal travel expenses (expenses made in support or for the benefit of anyone other than the employee/official or expenses made in support or for the benefit of the employee which are not attributable to Town business) may not be charged to a procurement card issued by the Town of Trophy Club. All travel and related expenses incurred must be documented and submitted to the Town along with a completed Travel Expense Form that includes all receipts and supporting documents in accordance with IRS codes and regulations. A copy of the Travel Expense Form is attached as Exhibit "A" to this Procurement Policies and Procedures Manual. • If the training or seminar was not approved through the budget process, written permission must be obtained from the Department Manager or Town Manager prior to travel. There must be money in the budget to cover the travel unless the Town Manager or designee makes the exception. • Transportation — Attach a copy of the airline ticket showing flight times to the appropriate purchasing card transaction sheet received from the Procurement Card Administrator. If the mileage to drive your personal car is more than the cost of the airline ticket plus ground transportation (i.e. taxi or shuttle service) plus airport parking costs, the employee reimburses the difference. Attach a copy of taxi or shuttle service receipts if applicable to the purchasing card transaction sheet if they take a purchasing card. If you drive your personal car and claim mileage, you cannot charge your gasoline on your purchasing card. If you drive a Town of Trophy Club vehicle or if you receive a car allowance, you can charge your gasoline for out -of town trips. • Lodging — A copy of the invoice showing all expenses should be attached to the purchasing card transaction sheet received from the Procurement Card Administrator. In -room movies or pay television, personal phone calls in excess of $5 per day, golf, sporting events, dry cleaning or laundry, and valet parking are not reimbursable expenses. For Texas destinations, you need to present a copy of the Texas Sales and Use Tax Exemption Certification. State taxes should not be paid but city taxes may or may not be exempt depending on local resolutions. • Meals — Receipts should be attached to the purchasing card transaction sheet received from the Procurement Card Administrator. You actually need two receipts. One would include the breakdown of items bought. The other would be the receipt that shows the actual amount charged that includes a reasonable gratuity. No alcoholic beverages may be charged. The total for the day depends on the time you leave and the time you come back. Generally, you must be traveling by 8:00 a.m. to receive breakfast and stay after 6:00 p.m. to receive the evening meal. The maximum reimbursable expenses for meal and incidental expenses (M&IE) are not to exceed the U.S. General Services Administration's (GSA) daily rate. This daily rate includes taxes and gratuities.. • Registration — if you do an on-line registration, be sure to screen print details that show how much the conference costs, dates of the conference, and name of the conference. If you fax the registration information, keep a copy of the same details. Attach the copy to the purchasing card transaction sheet. Town Council Joint and Regular Minutes May 26, 2015 Page 181 of 213 • Any unauthorized expenses are the responsibility of the cardholder and must be reimbursed to the Town of Trophy Club. • The Town Manager or designee must approve any exceptions to the above. 5.04 Procurement Card Purchases The intent of the procurement card is to provide a controlled, but less labor-intensive alternative to the existing procedures for purchasing and paying for items up to the predetermined credit limits. The Department Managers shall determine employees within each Department who are to be issued a procurement card and the transaction value limit to be assigned to each individual's card. The Town Manager or designee shall approve all limits. Cards are issued in the name of the designated Town employee and the Town of Trophy Club. The card remains the property of the Town of Trophy Club. Each potential cardholder shall attend a training session and sign a procurement card policy that documents the cardholder's responsibilities prior to being issued a card. The Procurement Card is to be used to make purchases for operations included in the Town's approved budget. Violations of these requirements may result in revocation of use privileges and/or disciplinary action, up to and including termination of employment. Employees who have inappropriately used the Procurement Card will be required to reimburse the Town for all costs associated with the improper use. Department Managers shall report any violations of this policy or abuse of a procurement card to the Town Manager or designee. Department Managers who fail to properly report such violation or abuse shall be subject to disciplinary action, up to and including termination of employment. Each employee who has been issued a card shall ensure that a receipt that indicates the place, date and nature of the purchase is obtained each time the card is used. The receipts will be attached to the procurement card transaction sheet, which will be signed, dated, and turned in to each applicable Department Manager who will review each purchase for appropriateness. The Department Manager shall sign the purchasing card transaction sheet as an indication that all transactions have been reviewed and approved and forward it to the Procurement Card Administrator within the specified time limit of no more than three days. The Procurement Card Administrator will reconcile the individual Department packets with the monthly statement received from the issuing Bank. Should any charges not be supported by receipts, the Procurement Card Administrator will notify the applicable Department Manager who shall obtain a receipt or other proper documentation evidencing the nature and amount of the purchase. In the event that a receipt is lost or an employee fails to obtain a receipt, a lost receipt form shall be completed and attached to the procurement card transaction sheet. Such form shall contain an explanation of the reason that the receipt was not obtained or was lost and any and all steps taken to obtain a duplicate copy of the receipt. The lost receipt form shall be signed by the Manager or Director of the Employee's Department. An employee's procurement card privileges may be revoked for failure to provide a receipt or otherwise comply with the Town Purchasing Policies and Procedures Manual. Use of a procurement card for a purchase in excess of $2,500 shall require the review and approval of the Town Manager or designee. If a purchase order is issued, attach the original purchase order with the appropriate signatures to the procurement card transaction sheet so that Finance can close the purchase order for financial reporting. The Procurement Card Administrator is responsible for compliance with the issuing bank's Procurement Card guidelines and notifying the Town Manager or designee of any problems. Additionally, each Department Manager shall be responsible for taking appropriate remedial action to correct noncompliance with the Town's policies and procedures governing procurement cards by his or her respective employees. 5.05 Purchases over $3,000 but less than $50,000 If the cost of the item(s) exceeds $3,000 but is less than $50,000, departments are required to secure at least three (3) documented quotes on the item(s). In keeping with State Law, at least two (2) of the quotes must be from Historically Underutilized Business (HUBs) located in Denton County or Tarrant County based upon information provided by the State Comptroller. If a purchase falls within the foregoing cost parameters and if a firm classified as a HUB handles that type of product, such HUB must be contacted on a rotating basis, but a department must attempt to contact at least two (2) HUB's on each order. Once all bids have been received and evaluated, the Department Manager or his or her designee will place the Town Council Joint and Regular Minutes May 26, 2015 Page 182 of 213 purchase to the lowest responsible bidder. In the event that a Department Manager or his or her designee desires to award a bid to a bidder other than the low bidder, such employee shall provide a detailed explanation in writing specifying why the lowest bidder was not accepted. Such written explanation shall be attached to the bid sheet. 5.06 Competitive Sealed Bids - Cost over $50,000 The Town Council must approve all non -budgeted or unanticipated purchases with values in excess of $50,000 prior to the purchase. Once a resolution has been passed or approval has been granted, the purchase must be made through the use of competitive sealed bids (see Section 7.0) or some other purchasing method as authorized by this policy. Invitations for sealed bids shall include specific instructions to the vendors concerning bid submission requirements including the time, date and place for receipt of bids by the Town. Competitive sealed bids are to be advertised in local newspapers of general circulation under the legal notices section. The bid must be advertised at least 14 days prior to the date of the bid opening. The advertisement is to give adequate instruction as to the nature of the bid, date and time of bid opening, and bidders conference, if applicable. Exceptions to Competitive Sealed Bidding Competitive sealed bidding is not necessary if one of the exceptions in Section 4.0 of these policies is applicable. 5.07 Professional Consulting Services Contracts —RFQ/RFP Process a. RFQ/RFP Process - Professional consulting services means those within the scope of the practices of accounting, architecture, land surveying, professional engineering, and other areas as defined by the laws of the State of Texas. Such services to the Town are to be provided pursuant to a third party independent contractor agreement for a specified time period. Competitive bidding shall not be used to select the professionals/consultants contracted by the Town. Compensation will be negotiated before the contract is signed and after the consultant has been selected on the basis of his or her demonstrated competence and qualifications to perform the services for a fair and reasonable price. When professional consulting services are needed, the Department requesting the services will prepare a Request for Qualifications setting forth a description of the scope of services needed, the minimum desired qualifications, credentials and experience, and the relative importance of each, and will forward that information to the Town Manager. The RFQ shall be advertised and may also be sent out to qualified vendors whom Town staff recommends. The Town Manager will assemble a team (Selection Team) of appropriate staff that will evaluate the responses submitted by those firms whose qualifications meet the requirements set forth in the Request for Qualifications. Requests for Proposals shall be solicited and processed in accordance with the requirements set forth in Section 5.07(b) hereof. b. RFP Process - A Request for Proposal (RFP) will be sent to each consultant identified by the Selection Team in accordance with the RFQ process set forth in Section 5.07(a) above. However, if the two-step RFQ/RFP Process is not utilized and the single step RFP process is utilized, then the RFP must be advertised and must require that proposals contain information identifying qualifications, credentials, and experience of those vendors submitting a response. The RFP shall also list the services desired and a deadline for return of the RFP. The request shall require the responding professionals/consultants to provide a schedule for completion of the scope of services, where applicable. Copies of the proposal(s) shall be submitted to the Town Secretary who shall process the responses in accordance with Section 7.0 and who will forward to the members of the Selection Team. Interviews shall be scheduled with the highest ranked firms. The Selection Team will ask each finalist to make a presentation of experience and then may question the firms as to capability and methods of approach for furnishing the required services. Professional compensation is not considered in these discussions. The qualified firm(s) shall be ranked from most qualified to least qualified. The Selection Team shall begin negotiations with the most qualified to develop a contract. The Town contract shall include all relevant terms and conditions, including but not limited to, compensation, time required and full scope of work to be performed. If an agreement satisfactory to both the Town and firm cannot be reached, negotiations will be terminated with that firm Town Council Joint and Regular Minutes May 26, 2015 Page 183 of 213 and the process started over with the second choice candidate and so on. As soon as an agreement is reached, the Selection Team shall make its recommendation to the Town Council. c. Frequency - The RFQ/RFP process for professional services may be utilized bi-annually. 5.08 Annual Contracts For goods or services that are used repetitively throughout the Town such as office supplies, paper goods, mailing services, or stationery, the Town may enter into an annual contract with a supplier. The purpose of entering into an annual contract is to eliminate the need to obtain competitive pricing each time repetitively used items are requested. The Town will obtain competitive sealed bids requiring that bid prices remain in effect for a specified period. The Town will enter into agreement, upon approval of the Town Council (if the contract price exceeds $50,000), with the approved bidder by signing a contract stating the terms and conditions. Once the contract period nears the end of the term, the Finance Department will re -advertise the bid request for the following year giving fair opportunity for vendors to respond. 5.09 Sole Source Purchases When a department identifies a potential sole source purchase, a detailed justification explaining why a sole source purchase is necessary must be provided to the Town Manager or designee in advance for review and concurrence. Upon review and concurrence of the Town Manager or designee, a Resolution outlining the basis for the sole source purchase shall be submitted for Town Council approval. Except as specifically provided otherwise in these policies, a sole source purchase may only be made pursuant to an approved Town Council Resolution. 5.10 State Contract Purchasing The Town has the option of purchasing items on contract through the Houston -Galveston Area Council Cooperative Purchasing program and the State of Texas central purchasing agency. Participation in these programs is strictly voluntary and the Town is not obligated to purchase through either. According to Section 271.081 - 271.083 of the Texas Local Government Code, The Town is not required to obtain competitive bids for items that are on state or local government contract. Because the State of Texas central purchasing agency purchases in large quantities through a state cooperative purchasing program, prices are generally lower than retail. One must keep in mind when purchasing items under state contract that there are no alterations or modifications to the specifications that are listed with the cooperative purchasing programs. 5.11 Alternative Project Delivery Methods for Certain Projects Alternative project delivery methods, include but are not limited to, construction manager at risk, construction manager agent, and design build contracts. Any of the alternative project delivery methods specified in Subchapter H of Chapter 271 of the Texas Local Government Code, as amended, may be utilized provided that the purchase and the procedures utilized in making that purchase comply with all requirements specified therein. SECTION 6.0: THE REQUISITION PROCESS 6.01 Procedure for Non -Emergency Purchases When the need arises for a single purchase of goods and/or services with an estimated value in excess of $10,000, the user Department shall originate an on-line purchase order. The purchase order must be prepared far enough in advance of the date that the goods or services are needed to allow all procurement procedures to properly function, including: • Securing appropriate approval of the purchase Town Council Joint and Regular Minutes May 26, 2015 Page 184 of 213 • Advertising for bids, if necessary • Obtaining bids or price quotations • Evaluating bids • Preparing the contract • Allowing delivery of goods or services in a timely manner Each Department is responsible for ensuring that duplicate purchases are not made. Once a purchase order is received, the Department Manager must: • Check the purchase order for completeness, including quantity and concise specifications; • If specified as a sole source, ensure the reason for the sole source is documented and appropriate; • Verify the budget authority. Check budget line item authority and budget balance for sufficient unencumbered amount to cover the purchase. Once the vendor selection process has been completed, the Department Manager will bring the requisition to Finance who will prepare the purchase order. The Department Manager will then secure the appropriate approval of the purchase order or contract. The Town is not liable for making payment to vendors for purchases that have not had prior approval of the Department Manager and have not been issued a purchase order number. The Department needs to attach the approved Purchase Order to the invoice received and forward to Finance for payment. 6.02 Procedure for Emergency Purchases The designation of emergency purchase indicates a situation of such urgency that normal purchasing procedures must be modified in the interest of time, and therefore no competitive bids are required. The Town is allowed to make emergency or exempted purchases without competitive bidding as defined in Texas statutes. An approved Town Council Resolution is required for all emergency purchases; provided however, that if due to exigent circumstances, the purchase must be made and time does not allow the posting and holding of a Council meeting, the Town Manager or designee, may authorize the expenditure by providing written permission to make the emergency purchase in accordance with the Emergency Management Procedures in effect at the time of the purchase; provided however, that the Town Manager or designee shall prepare and submit, a ratifying Resolution to Council at the first available Council meeting after the purchase is made where the item may be properly posted as required by law. A purchase is not considered to be an emergency if the expenditure becomes necessary due to poor planning. All emergency purchases are processed as follows: • The applicable Department Manager will be notified immediately with as much information as possible about the emergency purchase required. • The Department Manager contacts as many vendors as necessary to arrange the emergency purchase. The purchase is completed by telephone by issuing a verbal purchase order number to the vendor and requesting expedited delivery. The purchase order is either mailed or faxed to the vendor at a later date. • Staff making the request may be required to pick-up the emergency purchase from the vendor, if applicable, if expedited delivery from the vendor is not available. • Council approval or ratification must be obtained for all such emergency purchases exceeding $50,000. Town Council Joint and Regular Minutes May 26, 2015 Page 185 of 213 SECTION 7.0: PURCHASING PROCESSES 7.01 Policy Competitive written or telephone bids are to be sought for all purchases over $3,000 (see Section 5.05). All practical means to obtain the best price available should also be used when making emergency purchases. Competitive sealed bids are required for those bids exceeding $50,000 (see Section 5.06). The bid consists of the items offered by the vendor in response to the specifications, along with details governing the offer. The Town bidding procedures contain the following general requirements: • A short summary of the Request For Bid (RFB) or Request for Proposal (RFP) shall be published in local newspapers of general circulation. The advertisement is to be published under the Legal Notices section of the newspaper. This should be coordinated through the Town Secretary's Office. • Bids are received until the date and hour set out in the specifications. The Town Secretary or her designee will mark bids with the date and time at which they are received. Once a bid is submitted, the bidder cannot alter or correct a bid. A vendor who wishes to withdraw a previously submitted bid and/or submit an alternate bid may only do so prior to the bid opening. Under no circumstances will bids be accepted after the specified date and time. • The bids are to be opened at the date and hour specified in the bid and notice documents, and submitted to the requesting department for review. Generally, bids are awarded to the lowest responsible bidder or the bidder who provides the best value to the Town.. Occasionally, a bid may be split between vendors to obtain optimum pricing. If no bid is found to be acceptable, the entire bidding process must be repeated. Sealed bids are opened publicly in the presence of at least three (3) Town employees. The Town Secretary or her designee will coordinate the opening of the bids. • Bids are to be kept confidential from competitors until after the bid has been opened. Once the bid is opened, the bid becomes open record in accordance with the Texas Open Records Act. • Sealed bids must be submitted to the Town of Trophy Club by mail or hand delivered to Town offices. Envelopes must be clearly marked that a sealed bid is enclosed. Faxed or late bids will not be considered for award. They should be addressed to the Town Secretary. • The Town of Trophy Club reserves the right to reject any and all bids submitted and to waive any and all irregularities. It is the consistent policy of the Town to use competitive principles in awarding all public contracts of any amount with only limited exceptions as allowed by law. This includes the purchase and lease of goods, the purchase of services, and construction projects. These competitive principles apply to all departments of the Town of Trophy Club. • If the Town contracts for public work in excess of $50,000 it is required that the contractor execute a payment bond solely for the protection of beneficiaries who supply materials or labor to the specific public works project and have a direct contractual relationship with the contractor to replace the protections afforded by lien rights. •If the Town contracts for public work in excess of $100,000 it must require its contractor to execute a performance bond solely for the protection of the Town in the event of contactor default and/or termination. *The Town requires the successful bidder on a public works project to provide a two (2) year maintenance bond covering the full final cost of the project. • If the Town receives only one bid or proposal in response to its request the Town may accept the bid or proposal received, reject the bid or proposal and re -advertise, or reject the bid or proposal and decide not to undertake the project. Town Council Joint and Regular Minutes May 26, 2015 Page 186 of 213 • The Town will give preference in purchasing products made of recycled materials if the products meet applicable specifications as to quantity and quality as found in the bid requests. 7.02 Requests for Bids (RFB) or Requests for Proposals (RFP) RFBs and RFPs are used to notify vendors that the Town has specific requirements for goods and/or services and that vendors are being offered an opportunity to fulfill those requirements. The bid system is to be kept simple and practical, and the bids must be advertised as widely as possible in order for competition to work. Complicated bid invitations or requests for proposals discourage competition and drive up prices. 7.03 Bid Packet A bid packet contains documents needed by the vendor to respond to the requirements of the RFB/RFP. It may include several elements: Request for Bid (RFB) or Request for Proposal (RFP): This is the cover form for the bid/proposal package. It provides specific information that the bidder will need to respond. As applicable, it should include: • Quantity and brief description of goods or services to be provided • Request for unit cost, extended cost, and total cost of items bid • Estimated delivery time if vendor is awarded the bid • Closing date and time for receiving bids or proposals. • Place where bids or proposals are to be sent, including the address and office • Person to contact for additional information • Instructions to bidders (see example in Appendix F) • For RFPs only: Factors to be used in the evaluation process, the weights attached to each factor Evaluation factors may include price, experience of vendor's staff, ability to respond in a timely manner, past recommendations, safety record in accordance with a duly adopted Town vendor safety record policy, and financial soundness, as well as any others considered necessary. Other evaluation factors will depend on the individual requirements attached with the procurement. Standard Terms and Conditions: All conditions of doing business with the Town will remain constant for all contracts and purchases, unless specifically deleted. They are usually presented as an attachment to the RFP. Special Provisions: Terms and conditions required for a particular contract or purchase Specification: The description of the purchase requirements. In place of enclosing the actual specification, information about where the specification may be obtained may be substituted. Pricing: The offer and acceptance page. The vendor quotes prices in accordance with the specification requirements. Prices are usually provided by unit and include the total cost for the estimated amount required. A list of attendees and minutes of the bidders conference by the Town Secretary or his/her staff must be kept as part of the procurement file. Town Council Joint and Regular Minutes May 26, 2015 Page 187 of 213 7.04 Competitive Proposals Competitive proposals can only be used for procurements of high-technology products or services as allowed by law. The specification shall be written using performance standards rather than the description of the good or service. The specification must also specify the relative importance of price and other evaluation factors by identifying the weight to be given to each factor. • Vendors submit a proposal for a system to satisfy the requirements set forth in the proposal. Proposals may incorporate various types of hardware or services to accomplish the performance objectives set forth in the specifications. • After proposals are received, the Town may enter into discussions with offerors who submit proposals and who are determined to be reasonably qualified for the award of the contract based upon proposal specifications. Offerors shall be treated fairly and equally with respect to any opportunity for discussion and revision of proposals. Revisions may be permitted during the discussion process after submissions and before the award of the contract in order to obtain the best final offers. • The contract must be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the Town considering the relative importance of price and the other evaluation factors included in the request for proposal. 7.05 Cancellation of a RFB/RFP RFBs and RFPs may be canceled by the Town at any time before the date set for opening bids. A cancellation notice should be mailed or faxed to all vendors receiving bid or proposal invitations. 7.06 Modification of a RFB/RFP RFBs and RFPs submitted to vendors may also be modified by the Town after being issued but before the final date for submission. When modifications are required, addenda shall be mailed and/or faxed to all vendors receiving bid or proposal packets. The modification notification should state whether the bid opening date is or is not extended. The bid opening date may be extended if notification of the amendment will not give vendors ample time to respond to the modified request. 7.07 Receiving the Bid or Proposal — Procedural Requirements Receiving competitive bids and proposals must be done properly in order to ensure that no possibility of favoritism or even the appearance of favoritism exists. Notice of the time and place at which the bids/proposals will be publicly opened must be published at least once a week for two consecutive weeks. The date of the first publication must be at least fifteen (15) days before the date of public opening. • Each bid or proposal must be returned to the Town Secretary's Office as designated in the invitation. Each proposal is to be in a separate envelope, sealed and with the bid or proposal identification number marked on the outside of the envelope. If more than one bid is to be submitted, vendors are required to use separate envelopes for each bid. • The bid or proposal envelope must be clearly marked by the offeror with the date upon which it is submitted to the Town and the Town Secretary or his/her designee shall mark the date and time of receipt by the Town. • The bid or proposal envelope should then be filed unopened together with the other bids or proposals for the same bid invitation until the time of the bid opening. Town Council Joint and Regular Minutes May 26, 2015 Page 188 of 213 • Bids or proposals must be received by and opened on the date, hour and location as specified in the invitation/request. Vendors are invited and encouraged to attend the bid opening. Bid openings are considered open meetings and anyone can attend. Three (3) Town representatives (i.e. employee, town official or professional staff) must be present at all bid openings. • All bids and proposals must be sealed with the identification number clearly marked on the outside of the envelope. One bid or proposal may be submitted per envelope. Opened bids shall be kept on file and available for inspection. 7.08 Disqualified Bids The following are grounds for disqualifying a submitted bid: • Incomplete bids/proposals may be considered non-responsive. Such bids/proposals may be considered for award if the non -responsiveness is due to a non -material omission. (i.e. the omission does not affect price, quality, quantity, delivery or other material contractual conditions). • Unsigned bids/proposals, or bids/proposals with unauthorized signatures. • Bids or proposals received after the date and time for opening. Late bids/proposals are not considered for award of the purchase, will not be opened, and will be returned to the submitting bidder/proposer. • Bids/proposals where prices are conditional on award of another bid, or when prices are subject to unlimited escalation. If allowed by the specification, prices may be subject to escalation based on an independent wholesale index. 7.09 Correction or Withdrawal of a Bid Bids may not be altered or amended after the submission deadline. A non -material omission or error may be waived if: • The omission or error relates to a matter of form, not substance; and • Does not otherwise prejudice the other bidders/offerors. Any alteration or change made to a bid or offer prior to opening must be initialed by the authorized signatory of the bidder guaranteeing authenticity. Mathematical errors may not be corrected. In the event of a conflict between a unit price for an item(s) and the total price for such item(s), the Town reserves the right to resolve the conflict by accepting the lowest price. SECTION 8.0: EVALUATING COMPETITIVE BIDS 8.01 General The Finance Director or his/her designee will provide tabulations, calculation checks, price extension and information about compliance with specifications to the RFB/RFP. 8.02 Tabulating the Results When bids or proposals are opened, the results are tabulated by the Finance Director or his designee for easy reference. The following information is included in the bid analysis: • All calculations and sums are double checked for accuracy. Town Council Joint and Regular Minutes May 26, 2015 Page 189 of 213 • Unit prices are extended to a total price for the requested quantity. • The bid or proposal is verified to determine if all requirements listed meet specifications. All areas where the bid/proposals fail to meet conditions included in the specifications and whether any failures disqualify the bid/proposal are listed. Any modifications to the specifications submitted by the vendor are so noted. • All required samples to be included, if applicable, are verified by the Department. • Samples of the desired product, if required, are tested and results of the test noted by the Department. 8.03 Basis for Purchase Decision The evaluation and recommendation includes whether or not the vendor has submitted a responsive bid or proposal (one that meets all criteria of the RFB/RFP). Additionally, information on the vendor's record of being a responsible bidder (one who has proven capable of performing a contract and/or appears financially and technically capable of adequately performing this contract) is included. If the bidder's safety record is to be considered, the evaluation states if the bidder has an acceptable record, and if not, the identifiable factors that were not satisfactory as required by the written definition and criteria for accurately determining the safety record of a bidder and the Town has complied with all other requirements of §252.0435 of the Texas Local Government Code, as amended. SECTION 9.0: AWARDING THE BID 9.01 Policy The Town awards bids to the vendor who meets the requirements set forth in the bid documents who offers the lowest cost or the vendor who provides goods or services at the best value for the Town pursuant to the criteria set forth in Section 252.043 of the Texas Local Government Code, as amended. If staff recommends award of a bid to a vendor who is not the lowest responsible bidder, justification for the vendor selection must be documented. In the event that no bid is deemed satisfactory, the Town may declare that all bids are unacceptable. 9.02 Disqualification of a Bidder If a bidder has provided unsatisfactory service or products to the Town in the past, those experiences are to be thoroughly documented in order to support any later disqualifications. A vendor who fails to provide satisfactory products, goods or services or who has breached, terminated or been terminated from a contract with the Town in the past will be removed from the Approved Vendors List for future bidding opportunities and may be disqualified from bidding on future projects. SECTION 10.0: PROTESTING A BID Upon selection of an offer or bidder, all competitors must be notified in writing of the procurement results and advised of their right to appeal the decision by the Department. A protest must be submitted to the Town Manager or designee within seven (7) calendar days of the date upon which the Town's written notice of procurement results is made. All such protests will be reviewed by the Town Manager or designee who will issue a written decision regarding the protest. An appeal from the decision of the Town Manager or designee may be made to Town Council and shall be placed on the Council agenda on the first available date for which notice and publication requirements may be met after a written notice of appeal is received by the Town Secretary. SECTION 11.0: PROCUREMENT SPECIFICATIONS A specification is a concise description of goods or services the Town seeks to buy, and the requirements the vendor must meet in order to be considered for the award. A specification may include requirements Town Council Joint and Regular Minutes May 26, 2015 Page 190 of 213 for testing, inspection or preparing an item for delivery, or preparing or installing it for use. The specification is the total description of the purchase. A good specification has four characteristics: • It sets the minimum acceptability of the good or service. The term minimum acceptability is key, since the vendor must know the minimum standard to determine what to provide. Setting too high a standard means tax dollars will be wasted, while setting too low a standard means the good or service will not meet the expectations of the user. • It should promote competitive bidding. The maximum number of responsible vendors should be able to bid to the specifications. Restrictive specifications decrease competition. • It should contain provisions for reasonable tests and inspections for acceptability of the good or service. The methods and timing of testing and inspection must be indicated in the specification. Tests should refer to nationally recognized practices and standards, whenever possible. • It should provide for an equitable award to the lowest responsible bidder. The buyer obtains goods or services that will perform to expectations, and the vendor is able to provide the goods or services at an equitable price. SECTION 12.0: MODIFICATION AND TERMINATION OF CONTRACTS 12.01 Policy All modifications or changes to a contract must be in writing. The Town Manager or designee may approve a modification or change order that increases or decreases a contract by $15,000 or less. The Town Council must approve modifications or change orders exceeding $15,000. The original contract price is not to be increased by more than 25%. Additionally, funding must be available to cover the cost of the price increase. The original contract price may not be decreased by more than 25% without the consent of the contractor. A contract awarded by the Town Council may only be terminated upon the approval of such termination by Town Council. 12.02 Requirement to Re -bid • In the event that a change order exceeds 25% of the contract price, a new bid must be solicited using the same bidding procedures as noted in Section 6.0. A new bid solicitation is to be issued if the procurement of supplies, equipment or services is materially different from that specified in the previous bid process regardless of the percentage increase in the contract price. SECTION 13.0: DELIVERY OF GOODS Once goods are delivered to the Town's offices, receipt of delivery is noted by signature of the receiving department or a receptionist. If a receptionist receives goods, he/she will notify the department to which the goods belong. The person receiving the goods should make every effort to inspect the goods prior to signing the delivery ticket. If visible damage to a container being delivered is detected, it should be noted on the delivery ticket. Although damage to the contents of the package may not be seen, making this notation on the delivery ticket could make filing a claim easier if in fact the contents are damaged. Sometimes, damage to goods is concealed in packaging and the receiving party has no way of knowing of the damage. SECTION 14.0: DISPOSAL OF SURPLUS PROPERTY Annually, all departments shall review their assets and determine which items are no longer needed. A list of surplus, obsolete or unused supplies, materials or equipment, including description, make, model, and serial numbers should be forwarded to the Town Manager. Upon review and approval by Town Manager or his/her designee the items on the department's lists may be traded in for the acquisition of Town Council Joint and Regular Minutes May 26, 2015 Page 191 of 213 new property (with Town Manager or their designee's approval), transferred to other departments, or sold through public auction. Obsolete or unneeded items or group of items less than $100 in fair market value may be thrown away, recycled, sold through a silent auction, or donated to another public entity or charity with Town Manager or their designee's approval. A copy of the items sold including amounts, names, and addresses will be provided to the Finance Department so that it can be removed from asset lists and insurance. Town Council Joint and Regular Minutes May 26, 2015 Page 192 of 213 Exhibit "A" Town Council Joint and Regular Minutes May 26, 2015 Page 193 of 213 TOWN OF TROPHY CLUB TRAVEL EXPENSE REPORT FORM (REVISED 01/01/2014) All receipts and supporting documents must be attached and then forwarded to the Finance Department after being reviewed and signed by the Department Head within ten (10) working days of the requesters return, unless a Town procurement card is used. If procurement card is used, you must provide this sheet with all receipts through the normal P -Card process. Requester Name Destination City Main Department Destination State Purpose of Travel Departure Date Departure Time Return Date Return Time Expense Description Line Item Number Out Of Pocket P -Card Prepaid Registration Fees $0.00 $0.00 $0.00 Gasoline $0.00 $0.00 $0.00 Airfare (Required For All Travel Over 200 Mies One Way, Unless Approved By Dept Head) $0.00 $0.00 $0.00 Hotel/Motel/Lodging (Dept Head Approval Required To Exceed GSA Rate) $0.00 $0.00 $0.00 Rental Vehicles $0.00 $0.00 $0.00 Taxi Limo $0.00 $0.00 $0.00 Parking $0.00 $0.00 $0.00 Personal Vehicle/Mileage (Dept Head May Submit Through AE) Miles @ $0.560 $0.00 $0.00 $0.00 Telephone Calls $0.00 $0.00 $0.00 Tips/Gratuities $0.00 $0.00 $0.00 Local/Nor-Overnight Meals (Entertainment & Exempt Trade Meetings Only) $0.00 $0.00 $0.00 Overnight Meals (Provide Breakdown Below) $0.00 $0.00 $0.00 List Other $0.00 $0.00 $0.00 List Other $0.00 $0.00 $0.00 OVERNIGHT MEAL TOTAL BREAKDOWN TOTALS $0.00 $0.00 $0.00 Det Head Approval Re uired To Exceed GSA Rate Date Persons Paid For B L D DailyTotal TOTAL EXPENSES LESS PREPAID/P-CARD LESS OTHER EXPENSES (USE COMMENTS) LESS TRAVEL ADVANCE (ATTACH REQUEST) DUE EMPLOYEE DUE CITY $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 COMMENTS $0.00 $0.00 $0.00 $0.00 TOTAL MEALS $0.00 REQUESTOR SIGNATURE: FINANCE DIRECTOR DATE: Travel Authorization Form Attached? If no, comment. Yes/ No Travel Advance Request Form Required? Yes/ No DEPARTMENT HEAD/TOWN OR MUD MANAGER Was Correct Hotel/Meal Rate Used Or Approved? Yes/ No SIGNATURE: SIGNATURE: DATE APPROVED: DATE APPROVED: Town Council Joint and Regular Minutes May 26, 2015 Page 193 of 213 ATTACHMENT L Ordinance No. 2015-11 P&Z Town Council Joint and Regular Minutes May 26, 2015 Page 194 of 213 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-11 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 95-20 ESTABLISHING PD PLANNED DEVELOPMENT #13, SUCH ORDINANCE HAVING BEEN SUBSEQUENTLY AMENDED BY ORDINANCE NO. 97-16 P&Z, BY ORDINANCE NO. 97- 23 P&Z, BY ORDINANCE NO. 2001-09 P&Z, BY ORDINANCE NO. 2002-23 P&Z, BY ORDINANCE NO. 2006-15 P&Z, BY ORDINANCE NO. 2010-28 P&Z, BY ORDINANCE NO. 2011-17 P&Z AND BY ORDINANCE NO. 2015-08 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #13, IS HEREBY FURTHER AMENDED BY THIS ORDINANCE IN ORDER TO CORRECT A CLERICAL ERROR IN THE NUMBERING/LETTERING OF SECTION A(1KbK1) "PERMITTED USES" OF EXHIBIT "C" ENTITLTED "DEVELOPMENT STANDARDS", PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING AN AMENDMENT TO SECTION A(1)(b)(1) ENTITLED "PERMITTED USES" OF EXHIBIT "C" ENTITLED "DEVELOPMENT STANDARDS"; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 14, 2015, after all legal notices, requirements and conditions had been complied with in order to amend PD Planned Development #13, the Village At Trophy Club, Texas, Ordinance No. 2015-08 P&Z was approved by the Town Council pursuant to the recommendation of the Planning and Zoning Commission of the Town; and WHEREAS, subsequent to that approval, it was discovered that due to a clerical error, Ordinance No. 2011-17 P&Z had not been included in the amendment adopted by Ordinance No. 2015-08 P&Z and that resulted in a numbering/lettering error to Section A(1)(b)(1) "Permitted Uses" of Exhibit "C" "Development Standards"; and WHEREAS, the purpose of this Ordinance is to correct the clerical error in Ordinance No. 2015-08 P&Z, and the adoption of this Ordinance correcting that clerical error does not effect a substantive change to PD Planned Development #13 but is merely being made for the purpose of correcting a clerical error; and To,n ouncil1Join&nd Regular Minutes May 26, 2015 Page 195 of 213 WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance amending the Comprehensive Zoning Ordinance of the Town is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Ordinance No. 95-20 of the Town of Trophy Club, Texas, creating the Town's PD Planned Development #13 as amended by Ordinance No. 97-16 P&Z, by Ordinance No. 97-23 P&Z, by Ordinance No. 2001-09 P&Z, by Ordinance No. 2002-23 P&Z, by Ordinance No. 2006-15 P&Z, by Ordinance No. 2010-28 P&Z, by Ordinance No. 2011- 17 P&Z and as amended by Ordinance No. 2015-08 P&Z of the Town, is hereby further amended by this Ordinance amending Exhibit "C" Development Schedule, Section A(1)(b)(1), "Permitted Uses" in order to correct a clerical error in the numbering/lettering of Section A(1)(b)(1), "Permitted Uses", in the following particulars as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose: development standards, uses within individual tracts: This Planned Development is designed to accommodate a variety of retail commercial and commercial office uses. For development purposes, the Land is divided into four tracts (Tracts 1, 2, 3, and 4 as show on Exhibit "B" attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Tract 1 (Retail uses, as depicted in Exhibit "131: The following standards shall apply to Tract 1: (a) Size of tract: Tract 1 shall contain approximately 3.8 acres of land. (b) Uses generally: In the development and use of Tract 1, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: 1. Permitted Uses: 2 ToRDCoounc'iil lJoi P&Zd Regular Minutes May 26, 2015 Page 196 of 213 "(AA) Liquor Store (BB) Indoor Canine Retail and Training* * This use is defined as a retail establishment which sells canine related items and accessories and which also trains domesticated or tamed dogs, all within a completely enclosed building. Training shall not include the training of any other animals, nor any "prohibited animal" as defined in the Town Code of Ordinances. The boarding and grooming of any animals is prohibited." SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not 3 TOwn 0,nciil Join&nd Regular Minutes May 26, 2015 Page 197 of 213 affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 26TH day of May, 2015. 0 C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: a � � M-A%�W Holly Fimlbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. 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