council members: fred adair town council don funderlic · • the trend in general fund revenues...
TRANSCRIPT
January 22, 2018
Work Session 6:30 p.m. Regular Session 7:30 p.m.
Council Chamber 1614 South Bowen Road
WORK SESSION 6:30 P.M. REVIEW AND DISCUSS ITEMS ON THE REGULAR AGENDA, AND CONSIDER PLACING APPROVED ITEMS ON CONSENT AGENDA. All consent agenda items are considered to be routine by the Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member so requests, in which event, the item will be removed from the general order of business and considered in its normal sequence.
1. City Manager Report • Lane Well • nCourt Update • Garbage/Recycling Contract • Personnel Vacancies • Warrant Roundup
2. Monthly Staff Reports
• Finance: Monthly Investment, Interest Distribution, Fund Investment, General Fund Variance Analysis, General Fund Summarized Expenditure Variance Analysis, Water and Sewer Variance Analysis.
3. Approval of Purchase Order Requests and Accounts Payable over $5,000 and Review of Purchase Order Requests and Accounts Payable $1,000 to $5,000 previously approved by the City Manager.
4. Approval and Acceptance of Minutes
Approval of Town Council Minutes: • Town Council minutes from January 8, 2018 Acceptance of Minutes of Boards and Commissions: • PEDC minutes from October 25, 2017 • PEDC minutes from November 8, 2017 • PEDC minutes from November 29, 2017 • PEDC minutes from December 13, 2017 • P & Z minutes from November 6, 2017
REGULAR SESSION 7:30 P. M. CALL TO ORDER/WELCOME INVOCATION BY: Councilmember Fred Adair PLEDGE OF ALLEGIANCE MAYOR/COUNCIL/STAFF COMMENTS OF COMMUNITY INTERESTS HONORS AND RECOGNITIONS
• Introduction of Dylan Brown-Jones as a Police Officer and Hannah Wiles as a Public Safety Dispatcher to the Pantego Police Department.
COUNCIL LIAISON TO BOARD REPORT
• Community Relations Board • Pantego Youth Leadership Council
PEDC REPORT CITIZENS OPEN FORUM This is a time for the public to address the Town Council on any subject not on this agenda. However, in accordance with the Open Meetings Act Section 551.042, the Town Council cannot discuss issues raised or make any decisions on that subject at this time. The Town Council or an appropriate Town official may make a statement of factual information or policy on the subject in response to an inquiry by a member of the public. Issues raised may be referred to Town Staff for research and possible future action.
Doug Davis, Mayor Russell Brewster, Mayor Pro Tem
COUNCIL MEMBERS: Fred Adair Don Funderlic Jane Barrett Don Surratt Matthew Fielder, City Manager
AGENDA
TOWN COUNCIL
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City Manager’s Report
To: Mayor Davis and Members of the Town Council From: Matt Fielder, City Manager Date: January 22, 2018 Lane Well Lane Well has had the pump and motor placed back into operation. However, the required actions to place it in service have been delayed due to the cold weather. It is anticipated this will occur the week of this meeting. nCourt The anticipated start date for nCourt credit card payment service will be February 16th. Garbage/Recycling Contract Staff is working with Republic to develop bring a proposed extension of the existing solid waste contract to Council for review. This will probably occur at the first meeting in February. Personnel Vacancies The Town currently has a vacancy for a police officer and crossing guard. Warrant Roundup The Warrant Roundup will be begin the week of February 19th.
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AGENDA BACKGROUND
Director’s Review: ____ City Manager’s Review: ____
AGENDA ITEM: Monthly Staff Report
Date: January 22, 2018 PRESENTER: Matt Fielder, City Manager BACKGROUND: Staff report on the finance departmental activity on a monthly basis. FISCAL IMPACT: N/A RECOMMENDATION: Staff recommends approval of the report as presented. ATTACHMENTS: Finance Report
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To: Mayor and Town Council From: Matt Fielder, City Manager Cc: Sean Smith, Finance Director Date: January 18, 2018 Subject: December Financial Report In reviewing this report with the Finance Director, I would like to make the following observations that help explain some of the information that is included:
• The Town maintains $2,707,868.62 in cash and investments in the General Fund. This is sufficient to fund Town operations for a period of 205 days without any additional revenues. The Town’s Financial Policy requires an operating reserve of 90 days.
• General Fund revenues are at 25.5% of budget through the first quarter. • General fund expenditures are at 19% through the first quarter. • Water/Sewer/Infrastructure revenues are at 24.2% through the first quarter. • Water/Sewer Operating Fund expenditures are at 24.5% through the first quarter.
The new water and sewer rates were applied to December’s billing, which is collected in January.
• The trend in general fund revenues vs. expenditures historically favors revenue over expenditures in the first quarter. That is historically reversed in the fourth quarter.
• General fund revenues are historically higher in January and February due to property tax payments and holiday sales tax received in those months.
• Sales tax lags behind budget by 0.5% through December. However, October and November collections are accrued back to FY 16-17 and will be made up by October and November collections in 2018, after the close of the current fiscal year.
• With regards to the IT budget, the purchase of the new servers was approved and they have been delivered, but the payment has not been made.
• The Police Department is the only one with any personnel vacancies in December.
• The “Special Events” line item in the General Fund is the Town Christmas party.
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AGENDA BACKGROUND
Director’s Review: ____ City Manager’s Review: ____
AGENDA ITEM: Approval of the Town Council minutes and acceptance of minutes of the various Boards and Commissions.
Date: January 22, 2018
PRESENTER: Jessie Hanks, City Secretary BACKGROUND: Minutes from Town Council and Pantego’s various Boards and Commissions FISCAL IMPACT: None. RECOMMENDATION: N/A ATTACHMENTS: 010818 TC Minutes 102517 PEDC Minutes 110817 PEDC Minutes 112917 PEDC Minutes 121317 PEDC Minutes 110617 PZ Minutes
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Town Council Minutes January 8, 2018
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STATE OF TEXAS § COUNTY OF TARRANT § TOWN OF PANTEGO § The Town Council of the Town of Pantego, Texas, met in regular session at 6:30 p.m. in the Council Chambers of Town Hall, 1614 South Bowen Road, Pantego, Texas, on the 8
th day of
January 2018 with the following members present: Doug Davis Mayor Russell Brewster Mayor Pro-Tem Fred Adair Council Member Don Funderlic Council Member Jane Barrett Council Member Don Surratt Council Member
Constituting a quorum. The following staff members were present: Matt Fielder City Manager Jessie Hanks City Secretary
Jim Jeffrey City Attorney Sean Smith Finance Director
Dennis Jobe Community Development Director Scott Williams Public Works Director Tom Griffith Public Safety Chief Barry Reeves Assistant Police Chief Robert Coker Assistant Fire Chief
Also in attendance: None. WORK SESSION 6:30 P.M. Mayor Davis called the Work Session to order at 6:30 p.m. CONSENT AGENDA ITEMS Council and staff discussed the following Consent Agenda Items: 1. City Manager Report.
Mr. Fielder informed Council of the following updates: Watts Drilling completed the rehab of the Lane Well on December 21st after removing eighty-three (83) feet of sand/oil/debris. The replacement of the pump and motor has been delayed due to cold weather but is currently scheduled to be done on January 10th. Council inquired about whether super-chlorinating would be completed and the length of time to flash the well before putting to back in service.
nCourt has completed their conversion with Incode. For Utilities and Permitting, the switchover will be completed in February, after giving notice in the water bills. Due to the New Year’s holiday, only two days were available to put together the finance report for this month. In addition, information from Texpool is not yet available. The report will be on the January 22nd meeting agenda. We are going to use this additional time to provide an enhanced report with additional analysis and notes explaining variations.
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2. Monthly Staff Reports.
In regard to the Public Safety Report, Council inquired about the Best Practice Texas Commission recognition, the increase in the criminal mischief cases, and the write off amount through Intermedix. Assistant Chief Reeves explained the recognition is through the Texas Police Chief Association and how big of a deal it is for the Town to receive. He explained the increase is due to a string of occurrences where car windows are being broken out with a BB gun or marbles. Assistant Chief Coker explained the totals for the Intermedix Collections. In regard to the Public Works Report, there were questions about the progress of the Bowen Road Sewer Project and the Garner/Smith Barry Storm Water Project. Mr. Williams stated the engineering sections of both of the projects are still in progress. In regard to the Community Development Report, Council inquired about the YTD difference for fees collected. There were no questions regarding the Municipal Court Report.
3. Approval of Purchase Order Requests and Accounts Payable over $5,000 and Review of
Purchase Order Requests and Accounts Payable $1,000 to $5,000 previously approved by the City Manager.
Council inquired about the replacement of the transmission cooler in the Quint. Assistant Chief Coker explained the recommendation is to replace it every three years which falls in line with when the coolers are actually presenting problems. Chief Griffith outlined the history of the problem.
4. Approval and Acceptance of Minutes
Approval of Town Council Minutes: Town Council minutes from December 11, 2017
Council discussed and requested revisions be made to the minutes to clarify Agenda Item 7.
Council and staff discussed the following Regular Agenda Items: ORDINANCES 5. Discuss, direct, and consider action on the second and final reading of Ordinance 17-814, an
ordinance of the Town of Pantego, Texas, authorizing amendments to the adopted budget for the Fiscal Year 2016-2017. Mr. Fielder explained this is the second and final reading of the ordinance to clean up last year’s fiscal budget. Council requested the date be changed to 2018, instead of 2017, in the second reading caption.
6. Discuss, direct, and consider action on Ordinance 18-815, an ordinance of the Town of Pantego, Texas, calling for the general election of Town officers to be held on Saturday, May 5, 2018, for Councilmember’s places 1, 2, and 3; providing for publication; providing procedures for the conduct of the election; and declaring an effective date.
Ms. Hanks informed Council this item is to call the General Election for May 5, 2018, for Councilmember’s places 1, 2, and 3 as required by law.
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7. Discuss, direct, and consider action on Ordinance 18-816, an ordinance of the Town of Pantego, Texas, granting to Oncor Electric Delivery Company LLC, its successors and assigns, an electric power franchise to use the present and future streets, alleys, highways, public utility easements, public ways and public property of the Town of Pantego, Texas, providing for compensation therefore, providing for an effective date and a term of said franchise, providing for written acceptance of this franchise, providing for the repeal of all existing franchise ordinances to Oncor Electric Delivery Company LLC, its predecessors and assigns, and finding that the meeting at which this ordinance is passed is open to the public. Mr. Fielder explained Oncor requested the item be pulled from the agenda due to the lack of time to review the Town’s changes. They would like to work together to create a contract both parties can agree on. Council inquired about the rate structure and what would occur if an agreement isn’t met.
NEW BUSINESS FOR DISCUSSION, REVIEW, APPROVAL, AND/OR DIRECT STAFF. 8. Discuss, direct, and consider action on two proposals for the Automated Water Meter
Replacement Program. Mr. Fielder stated both venders would be present later in the Regular Session to give a presentation and answer any of Council’s questions. Council inquired what staff recommendations are. Mr. Williams explained he would like to reserve his opinion until after the presentations as not to influence Council’s decision. He contacted several references for each company but has only heard back from two, one from each company. He gave Council an outline of those reference’s experience with their respective vendor. Council expressed their main concerns are with the references and how the company’s customer services will actually be instead of the total cost. There were discussions about the issues of any updates that will need to be completed, the use of the meters for the well sites, and the current meter reading process. The difference in AMI and AMR was reviewed. Council inquired about what occurs when the battery on the meter dies.
Mayor Davis adjourned the Work Session at 7:23 p.m. REGULAR SESSION 7:30 P. M. CALL TO ORDER/WELCOME Mayor Davis called the Regular Session to order at 7:31 p.m. and welcomed the audience. Mayor Davis gave the invocation, which was followed by the Pledge of Allegiance. MAYOR/COUNCIL/STAFF COMMENTS OF COMMUNITY INTERESTS Council Members each welcomed and thanked the audience for coming. They expressed their pleasure with the attendance of staff and family for the award section of the agenda. They thanked the staff for working together to provide great service to the residents. The reason people wants to live in Pantego is the service reputation that the staff provides to the Town. Council wished everyone a Happy New Year. HONORS AND RECOGNITIONS
Mr. Fielder and Mr. Williams presented the Five-Year Recognition of Service Award to Juan Longoria and Ronald Johnston. Mr. Fielder presented the Fifteen-Year Recognition of Service Award to Court Administrator Thressa Householder and the Thirty-Year Recognition of Service Award to Chief of Public Safety Tom Griffith. Mr. Fielder and each Department Head presented the Departmental Employee of the Year Awards to each of the selected recipients: Erica Gray, AP/Payroll/HR Coordinator, for the General Administration Department; Kyle Sugg, Operations Manager, for the Public Works Department; Richard Wood, Firefighter, for the Fire Department; Patricia Medlen, Court Clerk, for the Municipal Court; and Sheli Godbold for the Police Department. Chief Griffith and Assistant Chief Reeves granted Officer Jorge
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Collazo the Chief’s Appreciation Award for his outstanding service to the police department. Mr. Fielder awarded the Employee of the Year to Kyle Sugg. Mr. Fielder said a few words regarding his positive attitude and abilities to step up to the plate that makes him this year’s recipient. Mr. Sugg thanked everyone for the recognition and expressed how much he loves his job and the people with whom he works. NEW BUSINESS FOR DISCUSSION, REVIEW, APPROVAL, AND/OR DIRECT STAFF. 5. Discuss, direct, and consider action on two proposals for the Automated Water Meter
Replacement Program.
Mr. Williams introduced Nic Corkovic, AMI Specialist from Ferguson Waterworks. Mr. Corkovic introduced Ron Warren, Ferguson Area Manager, Zeb Wright, Ferguson Business Development Manager, and Tyler Hartman, Ferguson AMI Special Oklahoma. He gave a presentation reviewing the company’s history, the proposed automated water meter system, and the technology and function of the system. He reviewed the warranties for each part of the meter. He outlined the meter reading process for the proposed system. There was a discussion about the pros and cons of a composite based meter versus a brass meter. He reviewed the meter installation process and potential maintenance fees for the software. Council inquired about any contingencies to cover abnormal meter boxes that would require more work than anticipated. Mr. Williams introduced Ryan Hisel, Product Specialist from RG3 Meter Company. Mr. Hisel gave a presentation reviewing the company’s background, the communication system for the meters, and the technology performance. Council inquired about the life of the battery, the data collection process, and the meter reading process. There were discussions about the estimated timeline for the project and the comparison of RG3 to other companies. Council requested a recommendation for Mr. Williams choice of the company to move forward with. Mr. Williams gave the recommendation of moving forward with Ferguson and gave Council his reasoning. Council would like to know how the companies will notify the public of the water being shut off as the meters are replaced. Council directed staff to obtain more references from the two (2) companies, and have time to digest the information that was presented tonight. There was a discussion about the differences between the companies.
COUNCIL LIAISON TO BOARD REPORT Community Relations Board Councilmember Barrett stated CRB has not met since the last meeting. The next CRB meeting is Tuesday, February 6, 2018. Mr. Fielder made Council aware of three resignations that have been received. Pantego Youth Leadership Council PYLC met on December 19th to discuss the concept of “The Wave” and not blindly following people. It was emphasized to be a leader and think with your own mind. The next PYLC meeting is January 19, 2018. PEDC REPORT Councilmember Adair stated PEDC met on Wednesday, December 13, 2017, to discuss the splash pad, the Small Business Saturday, and the celebration of Mad Mike’s loan completions. There was a continued discussion about a potential loan for Iva’s Flower Shop. The next PEDC meeting is Wednesday, January 10, 2018. CITIZENS OPEN FORUM None. APPROVAL OF CONSENT AGENDA ITEMS
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Councilmember Surratt made a motion to approve the Consent Agenda Items 1, 2, 3, and 4 as discussed during Work Session. Mayor Pro-Tem Brewster seconded the motion. The vote was as follows: Ayes: Surratt, Funderlic, Barrett, Adair, and Brewster. Nayes: None. Abstentions: None. Mayor Davis declared the motion passed unanimously. ORDINANCES 5. Discuss, direct, and consider action on the second and final reading of Ordinance 17-814, an
ordinance of the Town of Pantego, Texas, authorizing amendments to the adopted budget for Fiscal Year 2016-2017.
Mayor Davis read the agenda item caption and Ms. Hanks read the ordinance caption. Councilmember Adair made a motion to approve the second and final reading of Ordinance 17-814 with the change to 2018 in the second reading caption. Councilmember Barrett seconded the motion. The vote was as follows: Ayes: Surratt, Funderlic, Barrett, Adair, and Brewster. Nayes: None. Abstentions: None. Mayor Davis declared the motion passed unanimously.
6. Discuss, direct, and consider action on Ordinance 18-815, an ordinance of the Town of
Pantego, Texas, calling for the general election of Town officers to be held on Saturday, May 5, 2018, for Councilmember’s places 1, 2, and 3; providing for publication; providing procedures for the conduct of the election; and declaring an effective date.
Mayor Davis read the agenda item caption and Ms. Hanks read the ordinance caption.
Councilmember Surratt made a motion to approve of Ordinance 18-815 as presented. Councilmember Adair seconded the motion. The vote was as follows: Ayes: Surratt, Funderlic, Barrett, Adair, and Brewster. Nayes: None. Abstentions: None. Mayor Davis declared the motion passed unanimously.
7. Discuss, direct, and consider action on Ordinance 18-816, an ordinance of the Town of
Pantego, Texas, granting to Oncor Electric Delivery Company LLC, its successors and assigns, an electric power franchise to use the present and future streets, alleys, highways, public utility easements, public ways and public property of the Town of Pantego, Texas, providing for compensation therefore, providing for an effective date and a term of said franchise, providing for written acceptance of this franchise, providing for the repeal of all existing franchise ordinances to Oncor Electric Delivery Company LLC, its predecessors and assigns, and finding that the meeting at which this ordinance is passed is open to the public.
Mayor Davis stated this item was pulled from the agenda for further review.
COUNCIL INQUIRY
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None. ADJOURNMENT Mayor Davis adjourned the Regular Session at 9:45 p.m. APPROVED: ________________________________ Doug Davis, Mayor ATTEST: ________________________________ Jessie Hanks, City Secretary
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AGENDA BACKGROUND
Director’s Review: ____ City Manager’s Review: ____
AGENDA ITEM: Public Hearing, discuss, direct, and consider action on zoning case Z-233, a proposed Final Plat, requested by Oakview Capital Partners, LLC for the properties located at 2210-2234 West Park Row Dr, Lot 2R, Block 1 of the Village Park addition and Lots 2A and 3, Block 1 of the Southern Flair-Braum’s
Addition, Pantego, Tarrant County, Texas, into Lots 1 & 2, Block 1 of the Pantego Storage- Braum’s Addition, Pantego, Tarrant County, Texas. The property is generally located on the south side of West Park Row Drive between Lavern Street and Milby Road.
Date: January 22, 2018
PRESENTER: Dennis Jobe, Community Development Director
BACKGROUND: See Community Development Staff Report.
The Notice of Public Hearing was published on December 15, 2017 in the Fort Worth Commercial Recorder, the Town’s official newspaper. This notice was also posted on the Town’s bulletin board and the Town’s website. Owners of property within two hundred (200) feet of the applicant property were given notice via U.S. Mail.
FISCAL IMPACT: None. RECOMMENDATION: Staff recommends approval of zoning case Z-233, a final plat, as presented. ATTACHMENTS: Community Development Staff Report Planning and Zoning Chairman Report Application, Zoning Case Z-233 Notification Map Notification List Final Plat Storm sewer plans, utility plan and joint layout plan Tarrant County Tax Office Cerification
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COMMUNITY DEVELOPMENT STAFF REPORT MEETING DATE: January 22, 2018
ACTION REQUESTED: Consider approval and recommendation for Zoning case Z-233, final plat to combine 3
lots into 1 lot, as requested by Oakview Capital Partners, LLC.
DESRIPTION: 2210-2234 West Park Row Drive, Lot 2R, Block 1 of the Village Park Addition and Lots 2A and 3, Block 1 of the Southern Flair- Braum’s Addition, Pantego, Tarrant County, Texas.
PROPERTY OWNER: Oak View Capital Partners, LLC APPLICANT: Oak View Capital Partners, LLC CURRENT ZONING: C-3 Commercial District SURROUNDING ZONING/LAND USE: North-C-2 & C-3 Commercial District West- C-3 Commercial District East- C-2 Commercial District South- R-1 Residential One Family District (Arlington) REQUESTED VARIANCES: No variance has been requested at this time. ANALYSIS: This is a final plat to combine 3 lots into 1 lot in order to put in a mini-storage facility. ANALYSIS FROM P&Z MEETING: Brad Tidwell was in attendance as a representative for Oak View Capital Partners, LLC
who spoke in favor of the submitted proposal and that the Engineer would be present at the Town Council meeting. There were no other speakers and no written comments had been received. The Commission questioned the detention pond, lighting and fencing. City Engineer Stanton addressed the pond concerns and City Manager Fielder informed Commission that their concerns about the lighting and fencing would be addressed through Town Ordinances. The P&Z Commission recommends approval of zoning case Z-233, a final plat for Oakview Capital Partners, LLC as submitted.
RECOMMENDED ACTIONS: The Town Council has the following options when considering a Final Plat application;
Approval as submitted;
Approval with conditions;
Table to specific date with clarification of intent and purpose; or
Denial of application. STAFF RECOMMENDATION: Staff recommends approval of zoning case Z-233 as submitted.
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MEMORANDUM
To: Mayor and Council Members
From: John Kushma, Planning and Zoning Commission Chairman
Subject: ZONING CASE Z-233, A FINAL PLAT REQUESTED BY OAKVIEW
CAPITAL PARTNERS, LLC FOR THE PROPERTIES LOCATED AT
2210-2234 WEST PARK ROW DR, LOT 2R, BLOCK 1 OF THE VILLIAGE
PARK ADDITION AND LOTS 2A AND 3, BLOCK 1 OF THE SOUTHERN
FLAIR- BRAUM’S ADDITION, PANTEGO, TARRANT COUNTY, TEXAS.
THE PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF
WEST PARK ROW DRIVE BETWEEN LAVERN STREET AND MILBY
ROAD.
Date: January 9, 2018
The Planning and Zoning Commission held a public hearing for Zoning CaseZ-233 at a
scheduled meeting on January 9, 2018.
A representative of Oakview Capital Partners, LLC, spoke in favor of the submitted proposal,
although he admitted that he could not speak to the particulars of the final plat. He informed the
Commission that the principal who could discuss the submitted plat was out of town and could
not attend. (Members of the Town administrative staff informed the representative that the
missing principal would be well advised to attend the Town Council’s public hearing on the final
plat.)
There were no other speakers at the public hearing. Commission Secretary Overstreet informed
the Commissioners that no written comments had been received.
The Commissioners thanked City Manager Fielder, Community Development Director Jobe
and City Engineer Stanton for ensuring that all previously identified problems had been
addressed in the submitted plat. In response to questions from the Commissioners about the
detention pond, City Engineer Stanton discussed in detail its design, operation, and mandated
maintenance. City Manager Fielder and Community Development Director Jobe Commissioners’
informed the Commissioners that their concerns about lighting and fencing would be addressed
through Town Ordinances.
The Commissioners voted unanimously (3-0) to recommend that the Town Council approve the
submitted final plat as presented.
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Name Address City State Zip Code Adtl. AddressRETAIL BUILDINGS INC 3000 NE 63RD ST OKLAHOMA CITY TX 73121 BRAUM'S 2210 W Park RowDWAYNE LEE 2214 W PARK ROW DR PANTEGO TX 76013 SOUTHERN FLAIR 2214 W Park RowVILLAGE PARK INVESTMENTS LP 670 ARAPAHO RD RICHARDSON TX 75080 VILLAGE PARK INVESTMENTS LP 2230 W Park RowPS TEXAS HOLDINGS LTD PO BOX 25025 GLENDALE CA 91221 PUBLIC STORAGE 2300 W Park RowIVESON & LEE PARTNERS LP 325 S MESQUITE ST SUITE 102 ARLINGTON TX 76010KINDRED GLASS CO 2302 W PARK ROW DR PANTEGO TX 76013FARRELL PROPERTY CO LTD 2304 W PARK ROW DR SUITE 7 PANTEGO TX 76013WANDA BALL 2305 BRIARWOOD BLVD ARLINGTON TX 76013ANDRE & CAMILLA CARTER 2303 BRIARWOOD BLVD ARLINGTON TX 76013TODD & RHONDA ONLEY 2301 BRIARWOOD BLVD ARLINGTON TX 76013ANDREW & JENNIFER NOVOSELSKY 2215 BRIARWOOD BLVD ARLINGTON TX 76013SALLING & KATHRYN EVEREST 2214 BRIARWOOD BLVD ARLINGTON TX 76013SUSAN STEPHENS 2213 BRIARWOOD BLVD ARLINGTON TX 76013ANTOINE & NAJWA TOUMA 2212 BRIARWOOD BLVD ARLINGTON TX 76013BO HUANG 2211 BRIARWOOD BLVD ARLINGTON TX 76013CAROL KOZIOLEK 2210 BRIARWOOD BLVD ARLINGTON TX 76013JOE & ELAINE HOUSLEY 2209 BRIARWOOD BLVD ARLINGTON TX 76013RAYMOND MARTIN 2208 BRIARWOOD BLVD ARLINGTON TX 76013MARY HELEN BURNETT 2207 BRIARWOOD BLVD ARLINGTON TX 76013JAMES & DORIS ALEXANDER 2206 BRIARWOOD BLVD ARLINGTON TX 76013GEORGE FAUGHT 2205 BRIARWOOD BLVD ARLINGTON TX 76013DONALD & CYNTHIA WERNER 2204 BRIARWOOD BLVD ARLINGTON TX 76013AARON & ELLEN HEIDELMEIER 2203 BRIARWOOD BLVD ARLINGTON TX 76013DAN & LAURIE RIOUX PO BOX 1402 MANSFIELD TX 76063 2202 BRIARWOOD BLVDGERALDINE JOHNSON 2201 BRIARWOOD BLVD ARLINGTON TX 76013INEZ HUNT 2200 BRIARWOOD BLVD ARLINGTON TX 76013CASEY SCOTT TERRELL 2113 BRIARWOOD BLVD ARLINGTON TX 76013BOBBY PARKER LANE 2111 BRIARWOOD BLVD ARLINGTON TX 76013GEORGE KLEOPFER 2110 BRIARWOOD BLVD ARLINGTON TX 76013CURRENT OWNER 2109 BRIARWOOD BLVD ARLINGTON TX 76013KELLY STONE 2108 BRIARWOOD BLVD ARLINGTON TX 76013SS METROPLEX INVESTMENTS LLC 2021 SHADOW RIDGE DR ARLINGTON TX 76006 2107 BRIARWOOD BLVDTHOMAS WILSON 2106 BRIARWOOD BLVD ARLINGTON TX 76013PETER & NANCY COX 2105 BRIARWOOD BLVD ARLINGTON TX 76013MARC & LISA LAIMON 2104 BRIARWOOD BLVD ARLINGTON TX 76013WM & KAREN TAYLOR 2103 BRIARWOOD BLVD ARLINGTON TX 76013ELIZABETH DRING 2102 BRAIRWOOD BLVD ARLINGTON TX 76013
Notification List Z-225
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LOTS 1 & 2, BLOCK 1
PANTEGO STORAGE - BRAUM'S ADDITION
FINAL PLAT
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LOTS 1 & 2, BLOCK 1
PANTEGO STORAGE - BRAUM'S ADDITION
FINAL PLAT
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AGENDA BACKGROUND
Director’s Review: ____ City Manager’s Review: ____
AGENDA ITEM: Discuss, direct, and consider action on Ordinance 18-816, an ordinance of the Town of Pantego, Texas, granting to Oncor Electric Delivery Company LLC, its successors and assigns, an electric power franchise to use the present and future streets, alleys, highways, public utility easements, public ways and public property of the Town of Pantego, Texas, providing for compensation therefor, providing for an effective date and a term of said franchise, providing for written acceptance of this franchise, providing for the repeal of all existing franchise ordinances to Oncor Electric Delivery Company LLC, its predecessors and assigns, and finding that the meeting at which this ordinance is passed is open to the public.
Date: January 22, 2018
PRESENTER: Matt Fielder, City Manager BACKGROUND: The franchise agreement with Oncer Electric Delivery Company was initially approved in 1953, with a term of fifty (50) years. Ordinance 93-12 extended the term an additional fifteen years, for a total of sixty-five (65) years. It is set to expire in February, 2018. Oncor has submitted the attached draft agreement. Ron McCune, Franchise Manager for Oncor has requested to present the draft to Council and answer any questions about it. The draft has been reviewed by the Town Attorney. The Town Attorney has addressed Council’s expressed concerns at the December 11
th meeting. Those changes were provided to Oncor, who would not accept the ones related to the relocation of service and attorneys fees. They countered with the attached version. The issue of the relocation of service is consistent with the normal practices in other communities. The provision for attorneys fees is the same as in the existing agreement, which has been in effect for sixty-five (65) years without having ever been an issue. FISCAL IMPACT: None. RECOMMENDATION: Staff recommends approval of Ordinance 18-816 with the changes proposed by Oncor. ATTACHMENTS: Ordinance 18-816
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____________________________________________________ Oncor Electric Delivery Company LLC/Town of Pantego Electric Franchise
Page 1
ORDINANCE NO. 18-816
AN ORDINANCE GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, PUBLIC UTILITY EASEMENTS, PUBLIC WAYS AND PUBLIC PROPERTY OF THE TOWN OF PANTEGO, TEXAS, PROVIDING FOR COMPENSATION THEREFOR, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE, PROVIDING FOR THE REPEAL OF ALL EXISTING FRANCHISE ORDINANCES TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS PREDECESSORS AND ASSIGNS, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PANTEGO, TEXAS: SECTION 1. GRANT OF AUTHORITY: That there is hereby granted to Oncor Electric
Delivery Company LLC, its successors and assigns (herein called “Company”), the right,
privilege and franchise to construct, extend, maintain and operate in, along, under and across
the present and future streets, alleys, highways, public utility easements, public ways and other
public property (Public Rights-of-Way) of the Town of Pantego, Texas (herein called "Town")
electric power lines, with all necessary or desirable appurtenances (including underground
conduits, poles, towers, wires, transmission lines, telephone and communication lines, and
other structures for Company’s own use), (herein called “Facilities”) for the purpose of delivering
electricity to the Town, the inhabitants thereof, and persons, firms and corporations beyond the
corporate limits thereof, for the term set out in Section 7.
SECTION 2. Poles, towers and other structures shall be so erected as not to
unreasonably interfere with traffic over streets, alleys and highways.
SECTION 3. The Town reserves the right to lay, and permit to be laid, storm, sewer,
gas, water, wastewater and other pipe lines, cables, and conduits, or other improvements and to
do and permit to be done any underground or overhead work that may be necessary or proper
in, across, along, over, or under Public Rights-of-Way occupied by Company. The Town also
reserves the right to change in any manner any curb, sidewalk, highway, alley, public way,
street, utility lines, storm sewers, drainage basins, drainage ditches, and the like. Upon request
by Town, Company shall relocate its facilities at the expense of the Town except as otherwise
required by Section 37.101(c) of the Texas Public Utility Regulatory Act (PURA), which statutory
provision currently states, the governing body of a municipality may require an electric utility to
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relocate the utility’s facility at the utility’s expense to permit the widening or straightening of a
street. Town and Company further agree that widening and straightening of a street include the
addition of any acceleration, deceleration, center or side turn lanes, and sidewalks (meaning
sidewalks done in conjunction with widening or straightening of a street), provided that the Town
shall provide Company with at least thirty (30) days’ notice and shall specify a new location for
such facilities along the Public Rights-of-Way of the street. Company shall, except in cases of
emergency conditions or work incidental in nature, obtain a permit, if required by Town
ordinance, prior to performing work in the Public Rights-of-Way, except in no instance shall
Company be required to pay fees or bonds related to its use of the Public Rights-of-Way,
despite the Town’s enactment of any ordinance providing the contrary. Company shall construct
its facilities in conformance with the applicable provisions of the National Electrical Safety Code.
If the Town requires the Company to adapt or conform its Facilities, or in any manner to alter,
relocate, or change its Facilities to enable any other corporation or person to use, or use with
greater convenience, said street, alley, highway, or public way, the Company shall not be bound
to make such changes until such other corporation or person shall have undertaken, with good
and sufficient bond, to reimburse the Company for any costs, loss, or expense which will be
caused by, or arises out of such change, alteration, or relocation of Company’s Facilities.
If Town abandons any Public Rights-of-Way in which Company has facilities, such
abandonment shall be conditioned on Company's right to maintain its use of the former Public
Rights-of-Way and on the obligation of the party to whom the Public Rights-of-Way is
abandoned to reimburse Company for all removal or relocation expenses if Company agrees to
the removal or relocation of its facilities following abandonment of the Public Rights-of-Way. If
the party to whom the Public Rights-of-Way is abandoned requests the Company to remove or
relocate its facilities and Company agrees to such removal or relocation, such removal or
relocation shall be done within a reasonable time at the expense of the party requesting the
removal or relocation. If relocation cannot practically be made to another Public Rights-of-Way,
the expense of any right-of-way acquisition shall be considered a relocation expense to be
reimbursed by the party requesting the relocation.
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SECTION 4. A. In consideration of the granting of this Franchise, Company shall, at its sole cost and
expense, indemnify and hold the Town, and its past and present officers, agents and employees
harmless against any and all liability arising from suits, actions or claims regarding injury or
death to any person or persons, or damages to any property arising out of or occasioned by the
intentional and/or negligent acts or omissions of Company or any of its officers, agents, or
employees in connection with Company’s construction, maintenance and operation of
Company’s system in the Town Public Rights-of-Way, including any court costs, reasonable
expenses and reasonable defenses thereof.
B. This indemnity shall only apply to the extent that the loss, damage or injury is attributable
to the negligence or wrongful act or omission of the Company or its officers, agents, or
employees, or contractors and does not apply to the extent such loss, damage or injury is
attributable to the negligence or wrongful act or omission of the Town or the Town’s officers,
agents, or employees, or contractors, or any other person or entity. This provision is not
intended to create a cause of action or liability for the benefit of third parties but is solely for the
benefit of Company and the Town.
C. In the event of joint and concurrent negligence or fault of both Company and the Town,
responsibility and indemnity, if any, shall be apportioned comparatively between the Town and
Company in accordance with the laws of the state of Texas without, however, waiving any
governmental immunity available to the Town under Texas law and without waiving any of the
defenses of the parties under Texas law. Further, in the event of joint and concurrent
negligence or fault of both Company and the Town, responsibility for all costs of defense shall
be apportioned between the Town and Company based upon the comparative fault of each.
D. In fulfilling its obligation to defend and indemnify Town, Company shall have the right to
select defense counsel, subject to Town’s approval, which will not be unreasonably withheld.
Company shall retain defense counsel within seven (7) business days of Town’s written notice
that Town is invoking its right to indemnification under this franchise. If Company fails to retain
counsel within such time period, Town shall have the right to retain defense counsel on its own
behalf, and Company shall be liable for all reasonable defense costs incurred by Town, except
as otherwise provided in section 4.B and 4.C.
SECTION 5. This franchise is not exclusive, and nothing herein contained shall be
construed so as to prevent the Town from granting other like or similar rights, privileges and
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franchises to any other person, firm, or corporation. Any Franchise granted by the Town to any
other person, firm, or corporation shall not unreasonably interfere with this Franchise.
SECTION 6. In consideration of the grant of said right, privilege and franchise by the
Town and as full payment for the right, privilege and franchise of using and occupying the said
Public Rights-of-Way, and in lieu of any and all occupation taxes, assessments, municipal
charges, fees, easement taxes, franchise taxes, license, permit and inspection fees or charges,
street taxes, bonds, street or alley rentals, and all other taxes, charges, levies, fees and rentals
of whatsoever kind and character which the Town may impose or hereafter be authorized or
empowered to levy and collect, excepting only the usual general or special ad valorem taxes
which the Town is authorized to levy and impose upon real and personal property, sales and
use taxes, and special assessments for public improvements, Company shall pay to the Town
the following:
A. As authorized by Section 33.008(b) of PURA, the original franchise fee factor calculated
for the Town in 2002 was 0.003210 (the “Base Factor”), multiplied by each kilowatt hour
of electricity delivered by Company to each retail customer whose consuming facility’s
point of delivery is located within the Town’s municipal boundaries for determining
franchise payments going forward.
Due to a 2006 agreement between Company and Town the franchise fee factor was
increased to a franchise fee factor of 0.003371 (the “Current Factor”), multiplied by each
kilowatt hour of electricity delivered by Company to each retail customer whose
consuming facility’s point of delivery is located within the Town’s municipal boundaries
on an annual basis.
However, consistent with the 2006 agreement, should the Public Utility Commission of
Texas at any time disallow Company’s recovery through rates of the higher franchise
payments made under the Current Factor as compared to the Base Factor, then the
franchise fee factor shall immediately revert to the Base Factor of 0.003210 and all
future payments, irrespective of the time period that is covered by the payment, will be
made using the Base Factor.
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1. The annual payment will be due and payable on or before March 15 of each year
throughout the life of this franchise. The payment will be based on each kilowatt
hour of electricity delivered by Company to each retail customer whose consuming
facility’s point of delivery is located within the Town’s municipal boundaries during
the preceding twelve month period ending December 31 (January 1 through
December 31). The payment will be for the rights and privileges granted hereunder
for the twelve calendar month period (January 1 through December 31) the same
year in which the payment is made.
2. The first payment hereunder shall be due and payable on or before March 15, 2018
and will cover the basis period of January 1, 2017 through December 31, 2017 for
the privilege period of January 1, 2018 through December 31, 2018. The final
payment under this franchise is due on or before March 15, 2037 and covers the
basis period of January 1, 2036 through December 31, 2036 for the privilege period
of January 1, 2037 through December 31, 2037; and
3. After the final payment date of March 15, 2037, Company may continue to make
additional annual payments in accordance with the above schedule. Town
acknowledges that such continued payments will correspond to privilege periods that
extend beyond the term of this Franchise and that such continued payments will be
recognized in any subsequent franchise as full payment for the relevant annual
periods.
B. A sum equal to four percent (4%) of gross revenues received by Company from services
identified as DD1 through DD24 in Section 6.1.2 “Discretionary Service Charges,” in
Oncor’s Tariff for Retail Delivery Service (Tariff), effective 1/1/2002, that are for the
account and benefit of an end-use retail electric consumer. Company will, upon request
by Town, provide a cross reference to Discretionary Service Charge numbering changes
that are contained in Company’s current approved Tariff.
1. The franchise fee amounts based on “Discretionary Service Charges” shall be
calculated on an annual calendar year basis, i.e. from January 1 through December
31 of each calendar year.
2. The franchise fee amounts that are due based on “Discretionary Service Charges”
shall be paid at least once annually on or before April 30 each year based on the
total “Discretionary Service Charges”, as set out in Section 6B, received during the
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preceding calendar year. The initial Discretionary Service Charge franchise fee
amount will be paid on or before April, 30 2018 and will be based on the calendar
year January 1, 2017 through December 31, 2017. The final Discretionary Service
Charge franchise fee amount will be paid on or before April 30, 2038 and will be
based on the calendar year of January 1, 2037 through December 31, 2037.
3. Company may file a tariff or tariff amendment(s) to provide for the recovery of the
franchise fee on Discretionary Service Charges.
4. Town agrees (i) to the extent the Town acts as regulatory authority, to adopt and
approve that portion of any tariff which provides for 100% recovery of the franchise
fee on Discretionary Service Charges; (ii) in the event the Town intervenes in any
regulatory proceeding before a federal or state agency in which the recovery of the
franchise fees on such Discretionary Service Charges is an issue, the Town will take
an affirmative position supporting the 100% recovery of such franchise fees by
Company and; (iii) in the event of an appeal of any such regulatory proceeding in
which the Town has intervened, the Town will take an affirmative position in any such
appeals in support of the 100% recovery of such franchise fees by Company.
5. Town agrees that it will take no action, nor cause any other person or entity to take
any action, to prohibit the recovery of such franchise fees by Company.
6. In the event of a regulatory disallowance of the recovery of the franchise fees on the
Discretionary Service Charges, Company will not be required to continue payment of
such franchise fees.
SECTION 7. This Ordinance shall become effective upon Company's written
acceptance hereof, said written acceptance to be filed by Company with the Town within sixty
(60) days after final passage and approval hereof. The right, privilege and franchise granted
hereby shall expire on December 31, 2037; provided that, unless written notice of cancelation is
given by either party hereto to the other not less than sixty (60) days before the expiration of this
franchise agreement, it shall be automatically renewed for an additional period of six (6) months
from such expiration date and shall be automatically renewed thereafter for like periods until
canceled by written notice given not less than sixty (60) days before the expiration of any such
renewal period.
SECTION 8. This Ordinance shall supersede any and all other franchises granted by
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the Town to Company, its predecessors and assigns.
SECTION 9. The sections, paragraphs, sentences, clauses and phrases of this
Ordinance are severable. If any portion of this Ordinance is declared illegal or unconstitutional
by the valid final non-appealable judgment or decree of any court of competent jurisdiction, such
illegality or unconstitutionality shall not affect the legality and enforceability of any of the
remaining portions of this Ordinance.
SECTION 10. In order to accept this franchise, Company must file with the Town
Secretary its written acceptance of this franchise ordinance within sixty (60) days after its final
passage and approval by Town.
SECTION 11. It is hereby officially found that the meeting at which this Ordinance is
passed is open to the public and that due notice of this meeting was posted by Town, all as
required by law.
PASSED AND APPROVED AFTER WAIVER OF THE REQUIREMENTS OF TOWN CODE SECTION 1.03.035(b) THIS THE 22
nd DAY OF JANUARY 2018 BY A VOTE OF ___ AYES, ___ NAYS, AND ___
ABSTENTIONS, AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF PANTEGO, TEXAS. APPROVED: ________________________________ Doug Davis, Mayor ATTEST: _______________________________ Jessie Hanks, City Secretary APPROVE AS TO FORM: ______________________________ James T. Jeffrey, Jr., City Attorney
STATE OF TEXAS § COUNTY OF TARRANT § TOWN OF PANTEGO §
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