HomeMy WebLinkAbout2013.06.04 City Council AgendaCity Council
City of University Park
Meeting Agenda
City Hall
3800 University Blvd.
University Park, TX 75205
Council Chamber5:00 PMTuesday, June 4, 2013
PRE-MEETING WORK SESSION(S)
4:00 - 5:00 P.M. The City Council will convene into open work session to receive
agenda item briefings from staff. No action will be taken. Council Conference Room,
2nd floor, City Hall.
TO SPEAK ON AN AGENDA ITEM
Anyone wishing to address the Council on any item must fill out a green “Request to
Speak” form and return it to the City Secretary. When called forward by the Mayor,
before beginning their remarks, speakers are asked to go to the podium and state their
name and address for the record.
I.CALL TO ORDER
A.INVOCATION: City Attorney Robert L. Dillard, III
B.PLEDGE OF ALLEGIANCE: City Attorney Dillard / Boy Scouts
C.INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D.INTRODUCTION OF STAFF: City Manager Bob Livingston
II.AWARDS AND RECOGNITION
RECOGNITION: of Fire Department Honor Guard membersA.13-138
Honor Guard Recognition memo
Honor Guard 642013
Attachments:
III.CONSENT AGENDA
Consider and act on an Ordinance abandoning Preston Road Fresh
Water District Easement
A.13-117
Agenda Memo.PRFWD Easement.06.04.13
264abandon easement58593
P.R.F.W.D.W 0001
Attachments:
Page 1 City of University Park Printed on 5/30/2013
June 4, 2013City Council Meeting Agenda
Consider and act on an Ordinance approving and adopting Rate
Schedule RRM "RRM - Rate Review Mechanism" for Atmos Energy
Corporation, Mid-Tex Division
B.13-126
Agenda Memo
Ordinance
Rate review mechanism fact sheet
Attachments:
CONSIDER AND ACT: on approval of MOU between the City of
University Park and the SPCA of Texas
C.13-133
Agenda Memo
SPCA MOU University Park 2013
Attachments:
Consider approval of minutes of the May 7, 2013 City Council MeetingD.13-109
Agenda Memo
2013.05.07 CC Mtg Minutes
Attachments:
Consider approval of minutes of the May 14, 2013 Special City Council
Meeting
E.13-131
Agenda Memo
2013.05.14 Special CC Mtg Minutes
Attachments:
Consider minutes of the May 21, 2013 City Council MeetingF.13-132
Agenda Memo
2013.05.21 CC Mtg Minutes
Attachments:
IV.MAIN AGENDA
Public Hearing on Dallas County Office of Emergency Management
HazMAP Community Hazard Plan
A.13-124
Agenda MemoAttachments:
Discuss: University Park Public Safety Committee Report on RacesB.13-105
Agenda MemoAttachments:
Discuss: PWAC recommendation regarding sidewalk and ROW
improvements for building permits in excess of $10,000 in valuation
C.13-125
Agenda Memo
PWAC Minutes 05.20.2013
Attachments:
Page 2 City of University Park Printed on 5/30/2013
June 4, 2013City Council Meeting Agenda
CONSIDER AND ACT: on proposed amendments to the Ordinance
regulating park facilities usage
D.13-102
Agenda Memo
Park Regulations Ordinance
Summary of amendments
Attachments:
DISCUSS: FY2014 budget calendarE.13-134
FY2014 budget calendar agenda memoAttachments:
V.PUBLIC COMMENTS
Anyone wishing to address an item not on the Agenda should do so at this time . Please
be advised that under the Texas Open Meetings Act , the Council cannot discuss or act
at this meeting on a matter that is not listed on the Agenda . However, in response to an
inquiry, a Council member may respond with a statement of specific factual information
or a recitation of existing policy. Other questions or private comments for the City
Council or Staff should be directed to that individual immediately following the meeting.
VI.ADJOURNMENT
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into Closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any Agenda items listed herein.
CERTIFICATE:
I, Elizabeth Spector, City Secretary, do hereby certify that a copy of this Agenda was posted on the
City Hall bulletin board, a place convenient and readily accessible to the general public at all times,
and on the City's website, www.uptexas.org, in compliance with Chapter 551, Texas Government
Code.
DATE OF POSTING:____________________________
TIME OF POSTING:_____________________________
________________________________
Elizabeth Spector, City Secretary
Page 3 City of University Park Printed on 5/30/2013
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0001_1_Honor Guard Recognition memo.docx 2:19 PM 05/31
AGENDA MEMO
6/4/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Randy Howell, Fire Chief
SUBJECT: Recognition of Fire Department Honor Guard
BACKGROUND:
Formal issuance of Letters of Commendation to members of the Fire
Department Honor Guard.
RECOMMENDATION:
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0002_1_Agenda Memo.PRFWD Easement.06.04.13.docx 2:19 PM 05/31
AGENDA MEMO
5/21/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT: Easement Abandonment
BACKGROUND:
A recent amending plat prepared for the property at 3925 Marquette identified an
easement encumbering the subject lot and several adjacent lots. The easements
was designated for installation and maintenance of water mains for the Preston
Road Fresh Water District. Staff has found similar easements on properties
along Villanova and Wentwood. City Council previously approved ordinances
abandoning any rights the City has to those easements. To that end, I asked the
City Attorney to develop an ordinance abandoning the easements in the area of
3925 Marquette.
RECOMMENDATION:
Staff recommends City Council approval of the ordinance abandoning the
Preston Road Fresh Water District easements on several properties near 3925
Marquette.
58593
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK TEXAS,
ABANDONING A WATER MAIN LINE AND EASEMENT OF THE PRESTON ROAD
FRESH WATER DISTRICT IN THE FIFTH AND SEVENTH SECTIONS OF
UNIVERSITY HEIGHTS ADDITION, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE ABUTTING OWNERS; AND PROVIDING FOR THE FURNISHING
OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL
PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF
THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of University Park, Texas, has determined that a
water main line and easement, as described herein, is not needed or necessary for public purposes
by the City, is not the property of the City, and any claim to it should be abandoned to the abutting
owners; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. The City of University Park hereby abandons and quitclaims, in favor of the
abutting owners of Lot 7A, Block 48, and Lots 7 and 17A, Block 49, University Heights, Fifth
Section, according to the plat thereof recorded in volume 7, page 123, of the Map or Plat Records of
Dallas County, Texas, and Lots 1 -11, 14 and 15, Block 74, Lots 6-13, Block 75, Lots 20 and 21,
Block 76, and Lots 1-8, Block 69, in the Seventh Section of University Heights Addition, according
to the plat thereof recorded in volume 8, pages 351-353, of the Map or Plat Records of Dallas
County, Texas, on June 18, 1945, any claim it may have to that certain water main line and
easements shown on such plats as dedicated for the Preston Road Fresh Water District Water Main,
said plat being more particularly described and depicted in Exhibit “A” attached hereto and made a
part hereof for all purposes, the same as if fully copied herein, in the City of University Park, Dallas
County, Texas.
SECTION 2. That the City of University Park does not abandon any other interest other
than described herein and in Exhibit “A”, but does hereby abandon all of its right, title, or interest in
the described real property interest, if any, together with any and all improvements thereon, if any.
58593
SECTION 3. That the City Secretary is directed to prepare a certified copy of this
ordinance and furnish the same to the abutting owners for recording. The recording of this
abandonment ordinance in the Real Property Records of Dallas County, Texas, shall serve as a
quitclaim deed of the City of University Park of all such right, title or interest of the City of
University Park in and to the water main and easement described and depicted to the Preston Road
Fresh Water District in Exhibit “A”, if any.
SECTION 4. This ordinance shall take effect immediately from and after its passage, as
the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the ___ day
of ______________ 2013.
APPROVED:
________________________________
W. RICHARD DAVIS, MAYOR
APPROVED AS TO FORM: ATTEST:
_________________________ ________________________________________
CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY
(RLD/12-12-12/58593)
58593
EXHIBIT “A”
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
AGENDA MEMO
6/4/2013 Agenda
TO: Honorable Mayor and City Council
FROM: George Ertle, Assistant to the City Manager
SUBJECT: CONSIDER AND ACT: on an Ordinance approving and adopting Rate
Schedule RRM “RRM – Rate Review Mechanism” for Atmos Energy
Corporation, Mid-Tex Division
BACKGROUND:
The City, along with 154 other cities served by Atmos Energy Corporation, Mid-
Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities
Steering Committee (“ACSC” or “Steering Committee”). In 2007, ACSC and Atmos
Mid-Tex agreed to implement an annual rate review mechanism for Atmos Mid-Tex,
known as the Rate Review Mechanism (“RRM”), as a temporary replacement for the
statutory mechanism known as GRIP (the “Gas Reliability Infrastructure Program”).
This first RRM tariff expired in 2011, and although ACSC and Atmos Mid-Tex met
many times to attempt to reach an agreement on a renewed or replacement tariff, they
were unable to do so. Atmos Mid-Tex filed a full rate case in 2012. The resulting rates
were approved by the Railroad Commission in December 2012 in G.U.D. No. 10170.
ACSC and the Company renewed discussions to develop revisions to the RRM
tariff, and have reached a tentative agreement on the form of the RRM tariff to be in
effect for a four-year period from 2013 to 2017. If the RRM process is to continue to
function as a substitute for the GRIP process, cities that exercise original jurisdiction
must adopt a tariff that authorizes the process. For the reasons outlined below, the ACSC
Executive Committee and ACSC legal counsel recommend approval of the new RRM
tariff by all ACSC member cities.
RRM Background:
The RRM tariff was originally approved by ACSC member cities as part of the
settlement agreement resolving the Atmos Mid-Tex 2007 system-wide rate filing at the
Railroad Commission. The RRM process was created collaboratively by ACSC and
Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP rate adjustment
process. GRIP, like the RRM, is a form of expedited rate relief for gas utilities that
avoids the long and costly process of a full rate filing. However, ACSC strongly opposes
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
the GRIP process because it constitutes piecemeal ratemaking, does not allow any review
by cities of the reasonableness of capital expenditures, and does not allow participation
by cities in the Railroad Commission’s review of the annual GRIP filings, or recovery by
cities of their rate case expenses. The Railroad Commission undertakes only an
administrative review of GRIP filings (instead of a full hearing) and the rate increases go
into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly
raises customers’ rates without any real regulatory oversight. In contrast, the RRM
process has allowed for a more comprehensive rate review and annual adjustment as a
substitute for GRIP filings.
Purpose of the Ordinance:
The purpose of the Ordinance is to approve the RRM tariff (“Attachment A”) that
reflects the negotiated RRM process. For the RRM process to continue, cities exercising
original jurisdiction must approve a tariff that authorizes the process.
Reasons Justifying Approval of the Negotiated RRM Tariff:
In the opinion of ACSC’s Executive Committee, the RRM process is a better deal
for customers than the GRIP process. Atmos Mid-Tex has stated if it were to file for a
rate adjustment in 2013 under the GRIP provisions, it would request approximately $5
million more in rate relief than it plans to request in a filing under this revised RRM
tariff. ACSC assumes that is because the GRIP process only evaluates changes to capital
investment. The RRM process looks at revenues (that may be increasing) and expenses
(that may be declining), as well as capital investment.
Additionally, the statute authorizing the GRIP rate adjustment process allows the
Company to place the entirety of any rate increase in the unavoidable monthly customer
charge portion of its rates. If the Company were to file for an increase under the GRIP
provisions, the entire amount of the increase would be collected through the fixed portion
of the bill, rather than the volumetric charge that varies by a customer’s usage. Between
2007 and 2012, ACSC was able to negotiate rate design results that constrained
residential customer charges to the $7.00 to $7.50 range. However, the Railroad
Commission has recently raised the residential customer charge to $17.70.
The Company has agreed that for the first filing under the revised RRM tariff,
there will be no increase to the residential customer charge. Thus, some of the primary
benefits of the attached RRM tariff are that it moderates the impact of rate adjustments on
residential customers by not changing the residential customer charge for the first RRM
period. In subsequent years only 40% of the proposed increase in revenues to the
residential class will be recovered through the fixed customer charge, and in no event will
the residential customer charge increase by more than $.50 per month. No such
constraints exist under the GRIP process.
Additionally, the attached RRM tariff provides a discount as an incentive for
cities permitting the Company annual rate relief. The RRM tariff includes an adjustment
amount that is a reduction to the Company’s requested increase. The adjustment lowers
the Company’s rate request by at least $3 million each year. Additional reductions will
also be made each year depending on the size of the Company’s requested increase. The
attached RRM tariff also caps at 55% the percentage of equity that can be used to
calculate the Company’s capital structure. Railroad Commission policy allows rates to
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
be based on a parent company’s actual capital structure, which for Atmos could mean
increases in equity above the most recent level of 52%.
Under the RRM tariff, cities are also able to review the Company’s annual
expenses and capital investments and make adjustments, or disallowances, for any such
expenses or investments that are considered to be unreasonable or unnecessary. The
cities’ costs in reviewing the annual filings, such as fees associated with the hiring of
expert consultants and legal counsel, will be reimbursed by the Company on a monthly
basis.
If cities do not approve the RRM tariff, the Company has stated that it will
reinstitute its annual filings under the GRIP provisions. The anticipated GRIP adjustment
for 2013 would be approximately $5 million higher than the Company anticipates
requesting through an RRM filing. Additionally, GRIP rate adjustments would place the
entire amount of the Company’s requested increase into the customer charge. The ACSC
Executive Committee recommends that ACSC city members take action to approve the
Ordinance authorizing the RRM tariff.
RECOMMENDATION:
Staff recommends approval of this Ordinance.
ATTACHMENTS:
Ordinance approving and adopting rate schedule
Rate review mechanism fact sheet
1
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING AND
ADOPTING RATE SCHEDULE “RRM – RATE REVIEW MECHANISM” FOR ATMOS
ENERGY CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY
FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED
IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND ACSC LEGAL COUNSEL.
WHEREAS, the City of University Park, Texas (“City”) is a gas utility customer of
Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “the Company”), and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of cities, most of whom retain original jurisdiction over the rates and services of Atmos
Mid-Tex; and
WHEREAS, in 2007 ACSC member cities and Atmos Mid-Tex collaboratively
developed the Rate Review Mechanism (“RRM”) Tariff that allows for an expedited rate review
process controlled by cities as a substitute for the legislatively-constructed Gas Reliability
Infrastructure Program (“GRIP”); and
WHEREAS, the GRIP mechanism does not permit the City to review rate increases, and
constitutes piecemeal ratemaking; and
WHEREAS, the RRM process permits City review of requested rate increases and
provides for a holistic review of the true cost of service for Atmos Mid-Tex; and
WHEREAS, the initial RRM tariff expired in 2011; and
WHEREAS, ACSC’s representatives have worked with Atmos Mid-Tex to negotiate a
renewal of the RRM process that avoids litigation and Railroad Commission filings; and
2
WHEREAS, the ACSC’s Executive Committee and ACSC’s legal counsel recommend
ACSC members approve the negotiated new RRM tariff; and
WHEREAS, the attached Rate Schedule “RRM – Rate Review Mechanism” (“RRM
Tariff”) provides for a reasonable expedited rate review process that is a substitute for, and is
superior to, the statutory GRIP process; and
WHEREAS, the expedited rate review process as provided by the RRM Tariff avoids
piecemeal ratemaking; and
WHEREAS, the RRM tariff reflects the ratemaking standards and methodologies
authorized by the Railroad Commission in the most recent Atmos Mid-Tex rate case, G.U.D. No.
10170; and
WHEREAS, the RRM Tariff provides for an annual reduction in Atmos Mid-Tex’s
requested rate increase of at least $3 million; and
WHEREAS, the RRM Tariff provides for a lower customer charge than if Atmos Mid-
Tex pursued GRIP filings; and
WHEREAS, the attached RRM Tariff as a whole is in the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1. That the findings set forth in this ordinance are hereby in all things
approved.
SECTION 2. That the City Council finds that the RRM Tariff, which is attached hereto
and incorporated herein as Attachment A, is reasonable and in the public interest, and is hereby
in force and effect in the City.
3
SECTION 3. To the extent any resolution or ordinance previously adopted by the City
Council is inconsistent or in conflict with this ordinance, it is hereby repealed.
SECTION 4. 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 5. If any one or more sections or clauses of this ordinance is judged 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 6. This ordinance shall take effect from and after its passage, as the law and
Charter in such cases provide.
SECTION 7. The City Secretary shall furnish a certified copy of this ordinance to:
Atmos Mid-Tex, care of Christopher Felan, Vice President of Rates and Regulatory Affairs for
Atmos Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, 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.
DULY PASSED AND APPROVED by the City Council of the City of University Park,
Texas, on the __________ day of __________________ 2013.
APPROVED:
_________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
________________________________
` LIZ SPECTOR, CITY SECRETARY
4
APPROVED AS TO FORM:
___________________________________
CITY ATTORNEY
(RLD/5-7-13/60567)
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 1 OF 6
I. Applicability
Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in
the Mid-Tex Division of Atmos Energy Corporation (“Company”) except such customers
within the City of Dallas. This Rate Review Mechanism (“RRM”) provides for an annual
adjustment to the Company’s Rate Schedules R, C, I and T (“Applicable Rate
Schedules”). Rate calculations and adjustments required by this tariff shall be
determined on a System-Wide cost basis.
II. Definitions
“Test Period” is defined as the twelve months ending December 31 of each preceding
calendar year.
The “Effective Date” is the date that adjustments required by this tariff are applied to
customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is
October 15, 2013.
Unless otherwise noted in this tariff, the term “Final Order” refers the final order issued
by the Railroad Commission of Texas in GUD 10170.
The term “System-Wide” means all incorporated and unincorporated areas served by
the Company.
“Review Period” is defined as the period from the Filing Date until the Effective Date.
The “Filing Date” is as early as practicable but no later than March 1 of each year with
the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual
Effective Date is June 1, 2017.
III. Calculation
The RRM shall calculate an annual, System-Wide cost of service (“COS”) that will be
used to adjust applicable rate schedules prospectively as of the Effective Date. The
annual cost of service will be calculated according to the following formula:
COS = OM + DEP + RI + TAX + CD - ADJ
Where:
OM = all reasonable and necessary operation and maintenance expenses from the
Test Period adjusted for known and measurable items and prepared
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 2 OF 6
consistent with the rate making treatments approved in the Final Order.
Known and measurable adjustments shall be limited to those changes that
have occurred prior to the Filing Date. OM may be adjusted for atypical and
non-recurring items. Shared Services allocation factors shall be recalculated
each year based on the latest component factors used during the Test
Period, but the methodology used will be that approved in the Final Order.
DEP = depreciation expense calculated at depreciation rates approved by the Final
Order.
RI = return on investment calculated as the Company's pretax return multiplied by
rate base at Test Period end. Rate base is prepared consistent with the rate
making treatments approved in the Final Order, except that no post Test
Period adjustments will be permitted. Pretax return is the Company's
weighted average cost of capital before income taxes. The Company's
weighted average cost of capital is calculated using the methodology from the
Final Order including the Company's actual capital structure and long term
cost of debt as of the Test Period end (adjusted for any known and
measurable changes) and the return on equity from the Final Order.
However, in no event will the percentage of equity exceed 55%. Regulatory
adjustments due to prior regulatory rate base adjustment disallowances will
be maintained. Cash working capital will be calculated using the lead/lag
days approved in the Final Order. With respect to pension and other
postemployment benefits, the Company will record a regulatory asset or
liability for these costs until the amounts are included in the next annual rate
adjustment implemented under this tariff. Each year, the Company’s filing
under this Rider RRM will clearly state the level of pension and other
postemployment benefits recovered in rates.
TAX = income tax and taxes other than income tax from the Test Period adjusted for
known and measurable changes occurring after the Test Period and before
the Filing Date, and prepared consistent with the rate making treatments
approved in the Final Order.
CD = interest on customer deposits.
ADJ = Downward adjustment to the overall, System-Wide test year cost of service in
the amount of $3,000,000.00, adjusted by a percentage equal to the total
percentage increase in base-rate revenue sought pursuant to this tariff.
IV. Annual Rate Adjustment
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 3 OF 6
The Company shall provide schedules and work papers supporting the Filing’s revenue
deficiency/sufficiency calculations using the methodology accepted in the Final Order.
The result shall be reflected in the proposed new rates to be established for the
effective period. The Revenue Requirement will be apportioned to customer classes in
the same manner that Company’s Revenue Requirement was apportioned in the Final
Order. For the Residential Class, 40% of the increase may be recovered in the
customer charge. The increase to the Residential customer charge shall not exceed
$0.50 per month in any given year. The remainder of the Residential Class increase not
collected in the customer charge will be recovered in the usage charge. The Company
will forgo any change in the Residential customer charge with the first proposed rate
adjustment pursuant to this tariff. For all other classes, the change in rates will be
apportioned between the customer charge and the usage charge, consistent with the
Final Order. Test Period billing determinants shall be adjusted and normalized
according to the methodology utilized in the Final Order.
V. Filing
The Company shall file schedules annually with the regulatory authority having original
jurisdiction over the Company's rates on or before the Filing Date that support the
proposed rate adjustments. The schedules shall be in the same general format as the
cost of service model and relied-upon files upon which the Final Order was based. A
proof of rates and a copy of current and proposed tariffs shall also be included with the
filing. The filing shall be made in electronic form where practical. The Company’s filing
shall conform to Minimum Filing Requirements (to be agreed upon by the parties),
which will contain a minimum amount of information that will assist the regulatory
authority in its review and analysis of the filing. The Company and regulatory authority
will endeavor to hold a technical conference regarding the filing within ten (10) calendar
days after the Filing Date.
The 2013 Filing Date will be July 15, 2013.
A sworn statement shall be filed by an Officer of the Company affirming that the filed
schedules are in compliance with the provisions of this Rate Review Mechanism and
are true and correct to the best of his/her knowledge, information, and belief. No
testimony shall be filed, but a brief narrative explanation shall be provided of any
changes to corporate structure, accounting methodologies, allocation of common costs,
or atypical or non- recurring items included in the filing.
VI. Evaluation Procedures
The regulatory authority having original jurisdiction over the Company's rates shall
review and render a decision on the Company's proposed rate adjustment prior to the
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 4 OF 6
Effective Date. The Company shall provide all supplemental information requested to
ensure an opportunity for adequate review by the relevant regulatory authority. The
Company shall not unilaterally impose any limits upon the provision of supplemental
information and such information shall be provided within seven (7) working days of the
original request. The regulatory authority may propose any adjustments it determines to
be required to bring the proposed rate adjustment into compliance with the provisions of
this tariff.
The regulatory authority may disallow any net plant investment that is not shown to be
prudently incurred. Approval by the regulatory authority of net plant investment pursuant
to the provisions of this tariff shall constitute a finding that such net plant investment
was prudently incurred. Such finding of prudence shall not be subject to further review
in a subsequent RRM or Statement of Intent filing.
During the Review Period, the Company and the regulatory authority will work
collaboratively and seek agreement on the level of rate adjustments. If, at the end of the
Review Period, the Company and the regulatory authority have not reached agreement,
the regulatory authority shall take action to modify or deny the proposed rate
adjustments. The Company shall have the right to appeal the regulatory authority's
action to the Railroad Commission of Texas. Upon the filing of an appeal of the
regulatory authority's order relating to an annual RRM filing with the Railroad
Commission of Texas, the regulatory authority having original jurisdiction over the
Company's rates shall not oppose the implementation of the Company's proposed rates
subject to refund, nor will the regulatory authority advocate for the imposition of a third
party surety bond by the Company. Any refund shall be limited to and determined based
on the resolution of the disputed adjustment(s) in a final, non-appealable order issued in
the appeal filed by the Company at the Railroad Commission of Texas.
In the event that the regulatory authority and Company agree to a rate adjustment(s)
that is different from the adjustment(s) requested in the Company’s filing, the Company
shall file compliance tariffs consistent with the agreement. No action on the part of the
regulatory authority shall be required to allow the rate adjustment(s) to become effective
on June 1. To the extent that the regulatory authority does not take action on the
Company's RRM filing by May 31, the rates proposed in the Company's filing shall be
deemed approved effective June 1. (2013 filing RRM rate will be effective October 15,
2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory
authority may choose to take affirmative action to approve a rate adjustment under this
tariff. In those instances where such approval cannot reasonably occur by May 31, the
rates finally approved by the regulatory authority shall be deemed effective as of June 1.
To defray the cost, if any, of regulatory authorities conducting a review of the
Company's annual RRM filing, the Company shall reimburse the regulatory authorities
on a monthly basis for their reasonable expenses incurred upon submission of invoices
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 5 OF 6
for such review. Any reimbursement contemplated hereunder shall be deemed a
reasonable and necessary operating expense of the Company in the year in which the
reimbursement is made. A regulatory authority seeking reimbursement under this
provision shall submit its request for reimbursement to the Company no later than
August 1 of the year in which the RRM filing is made and the Company shall reimburse
regulatory authorities in accordance with this provision on or before August 30 of the
year the RRM filing is made.
To the extent possible, the provisions of the Final Order shall be applied by the
regulatory authority in determining whether to approve or disapprove of Company’s
proposed rate adjustment.
This Rider RRM does not limit the legal rights and duties of a regulatory authority.
Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate
proceeding at any time to review whether rates charged are just and reasonable.
Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code,
Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider
RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities
Code, Chapters 101-105).
The annual rate adjustment process set forth in this tariff shall remain in effect during
the pendency of any Statement of Intent rate filing.
VII. Reconsideration, Appeal and Unresolved Items
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject
to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code
(Vernon 2007).
VIII. Notice
Notice of each annual RRM filing shall be provided by including the notice, in
conspicuous form, in the bill of each directly affected customer no later than forty-five
(45) days after the Company makes its annual filing pursuant to this tariff. The notice to
customers shall include the following information:
a) a description of the proposed revision of rates and schedules;
b) the effect the proposed revision of rates is expected to have on the rates
applicable to each customer class and on an average bill for each affected
customer;
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 6 OF 6
c) the service area or areas in which the proposed rates would apply;
d) the date the annual RRM filing was made with the regulatory authority; and
e) the Company’s address, telephone number and website where information
concerning the proposed rate adjustment be obtained.
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3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0004_1_Agenda Memo.docx 2:19 PM 05/31
AGENDA MEMO
6/4/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Randy Howell, Fire Chief
SUBJECT: Approval of Memorandum of Agreement (MOU) between the City of
University Park and the SPCA of Texas
BACKGROUND:
The purpose of this Memorandum of Understanding (MOU) s to define a working
relationship between the City of University Park and the SPCA of Texas in preparing for
and responding to certain disaster situations.
Approval of this MOU will allow the SPCA of Texas to respond at the City’s request to
assist with animal related relief activities including rescue and the providing of
transportation and sheltering of animals injured and/or displaced following a disaster.
RECOMMENDATION:
Approval of the MOU to allow the City Manager to execute the agreement.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0005_1_Agenda Memo.docx 2:20 PM 05/31
AGENDA MEMO
5/21/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Liz Spector, City Secretary
SUBJECT: Consider and act on minutes of the May 7, 2013 City Council
Meeting
BACKGROUND:
Minutes of the 5/7/2013 meeting are attached for the Council’s review.
RECOMMENDATION:
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2:45 - 3:30 P.M. EXECUTIVE SESSION: The City Council met in closed session under
GC§551.071(1)(a) to consult with Attorney Rick Tubb, representing the City in Legacy
Hillcrest Investments, Ltd. v. the Board of Adjustment of the City of University Park,
Texas. No action was taken. Executive Conference Room, first floor, City Hall.
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3:45 - 4:30 P.M. DISCUSS: Parks staff provided the Council information regarding
possible changes to park facilities usage and reservation policies. Council Conference
Room, 2nd floor, City Hall.
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4:30 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW: The City Council convened
into open work session to receive agenda item briefings from staff. No action will be taken.
Council Conference Room, 2nd floor, City Hall.
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Consent Agenda approval will authorize the city to execute agreements indicating
responsibility for funding bridge landscape maintenance costs. SMU will be
responsible for funding maintenance of the Mockingbird Lane bridge as well as half
the maintenance costs of the SMU Blvd. bridge. The George W. Bush Foundation
will accept responsibility for funding the remaining half of landscape maintenance
costs at SMU Blvd.
Consent Agenda approval will reject all bids received for the annual defective
sidwalk repair program and authorize the city to re-advertise the project.
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II.AWARDS AND RECOGNITION
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ORDINANCE NO. 13/17
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, TO
PROVIDE AN EXEMPTION ON THE RESIDENCE HOMESTEAD OF AN
INDIVIDUAL WHO IS DISABLED OR AN INDIVIDUAL WHO IS SIXTY-
FIVE YEARS OF AGE OR OLDER IN THE AMOUNT OF TWO HUNDRED
SEVENTY FIVE THOUSAND DOLLARS($275,000.00) ON THE ASSESSED
VALUE; AND PROVIDING AN EFFECTIVE DATE.
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V.PUBLIC COMMENTS
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0006_1_Agenda Memo.docx 2:20 PM 05/31
AGENDA MEMO
6/4/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Liz Spector, City Secretary
SUBJECT: Consider and act on minutes of the May 14, 2013 Special City Council
Meeting
BACKGROUND:
Minutes of the 5/14/2013 meeting are attached for the Council’s review.
RECOMMENDATION:
MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK
EXECUTIVE CONFERENCE ROOM – CITY HALL
TUESDAY, MAY 14, 2013 3:00 P.M.
I. CALL TO ORDER
Mayor W. Richard Davis called the meeting to order. Also present were Mayor Pro
Tem Bob Clark, Councilmember Bob Begert, Councilmember Dawn Moore,
Councilmember Tommy Stewart, City Attorney Robert Dillard and Acting City
Manager Kent Austin (Director of Finance).
Staff present included City Secretary Liz Spector, Director of Parks Gerry Bradley,
and Community Information Officer Steve Mace.
II. MAIN AGENDA
A. DISCUSS: proposed amendments to park facilities use ordinance
and provide direction to staff.
Mayor Davis opened the discussion. He said a primary goal for the meeting is to
arrive at details for inclusion in an ordinance amendment that will give residents
a reasonable chance to use City tennis courts and other park facilities which are
increasingly burdened by tennis pros, boot camp operators and personal trainers.
The Council all agreed that only residents should be allowed to make
reservations for tennis courts and discussed how to allow reasonable use by
professional trainers. After a lengthy discussion, the Council provided
information to staff to craft a draft ordinance for their review at the May 21,
2013 Council Meeting.
Mayor Davis and the Council asked staff to eliminate family tennis passes,
rework the tennis permit structure to require an annual individual permit of $40,
an annual youth permit of $10 and an annual senior permit of $10. The Council
also requested staff to include an annual $100 professional tennis instructor
registration fee, a $500 boot camp/personal trainer annual registration fee with a
$250 refundable damage deposit requirement, and a $25 fine for non-
cancellation of reservations within 24 hours.
The Council also suggested that no resident shall reserve any tennis court for
more than 1.5 hours per day and only residents may make reservations for any
park facilities. In addition, Mayor Davis asked staff to include a strong
statement on the reservation page of the City’s website certifying that any
resident making a reservation must use their own permit number.
The Council recommended inclusion of a requirement that 51% of participants in
boot camps/personal training sessions be University Park residents and that
sports clinics may be conducted for a maximum of one week. The Council also
stated that for personal trainers, if participants number more than 15, that group
will be considered a sports clinic and will have to follow those rules.
Finally, the Council requested that no amplified music be allowed in the parks
and stated the maximum allowed number of participants for any park facility
reservation shall be reduced from 300 to 200, with larger events being required
to obtain Council approval.
Mayor Davis asked that a draft of the reworked ordinance be provided to the
Council and consideration be added to the May 21, 2013 City Council agenda.
B. CONSIDER AND ACT: to appoint appellate counsel to represent
the city in an appeal of the decision in the Legacy Hillcrest
Investments, Ltd. v. the Board of Adjustment of the City of University
Park.
Councilmember Bob Begert made a motion to approve the selection of
Thompson and Knight, LLP, specifically, Jim Harris and Scott Stolley, to
represent the City in the appeal of decision in Legacy Hillcrest Investments, Ltd.
v. the Board of Adjustment of the City of University Park. Councilmember
Stewart seconded and the motion carried unanimously.
III. ADJOURN
There was no further business and Mayor Davis adjourned the meeting at 4:30 p.m.
on May 14, 2013.
Considered and approved this 4th day of June 2013.
_______________________
W. Richard Davis, Mayor
ATTEST:
____________________________
Elizabeth Spector, City Secretary
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0007_1_Agenda Memo.docx 2:20 PM 05/31
AGENDA MEMO
6/4/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Liz Spector, City Secretary
SUBJECT: Consider and act on minutes of the May 21, 2013 City Council Meeting
BACKGROUND:
Minutes of the 5/21/2013 meeting are attached for the Council’s review.
RECOMMENDATION:
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Consent Agenda approval will authorize City staff to re-advertise Bid No. 13-05,
Street Sweeping.
Consent Agenda approval will adopt an ordinance designating No Parking Anytime
on Boedeker from McFarlin south to SMU Blvd.
Consent Agenda approval will adopt an ordinance amending days of
enforcement for certain locations in the residential parking district from Monday
through Friday to daily.
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V.PUBLIC COMMENTS
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0008_1_Agenda Memo.docx 2:20 PM 05/31
AGENDA MEMO
6/4/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Randy Howell, Fire Chief
SUBJECT: Public Hearing for citizen input regarding Dallas County HazMAP
BACKGROUND:
In compliance with federal and state hazard mitigation plan regulations, the Dallas
County Office of Emergency Management is updating the Dallas County Local Mitigation
Strategy.
Participating jurisdictions are required to identify local community hazards and report
those hazards to the County in the form of a HazMAP plan. Allowing citizen input is a
requirement of this process.
RECOMMENDATION:
Open the floor to allow public input regarding hazards in the community that should be
included in this report to the County.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0009_1_Agenda Memo.docx 2:20 PM 05/31
AGENDA MEMO
6/4/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Gary W. Adams, Chief of Police
SUBJECT: Discuss: University Park Public Safety Committee Report on
Races
BACKGROUND:
During the last year there has been a significant increase in the number of
benefit races being held in the City of University Park. The City Council asked
that the UP Public Safety Committee discuss the matter and make
recommendations.
The following topics were considered, discussed and voted on by the committee:
1) Discussion of limiting the number of races being held in the city;
2) When should they be held (day & time);
3) Should the request always go before the Council for approval
RECOMMENDATION:
The UP Public Safety Committee recommendations are listed below:
1) A required 45 day advance notice by requestors for races held in the City of
University Park
2) Race approval is not required by council if there are less than 300 participants
3) Race route to be approved by the Chief of Police. Be sure to have a variety of
race routes within the city so that not one area is being over used.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0010_1_Agenda Memo.docx 2:21 PM 05/31
AGENDA MEMO
6/4/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Robbie Corder, Director of Community Development
SUBJECT: Discuss: PWAC recommendation regarding sidewalk and ROW
improvements for building permits in excess of $10,000 in valuation
BACKGROUND:
Chapter 3 of the University Park Code of Ordinances requires property owners to repair
damaged sections of sidewalk and remove any encroachments within the rights-of-way
(ROW) when a building permit valued in excess of $10,000 is issued. The ordinance
does not identify the types of permits where these sections are applied; therefore, staff
has applied these requirements for sidewalk improvements and ROW encroachments to
every permit valued in excess of $10,000.
Staff discussed this item with the City Council on February 5, 2013, and the item was
referred to the Public Works Advisory Committee (PWAC). Staff presented various
options to PWAC on May 20, 2013. PWAC’s recommendations are summarized below.
RECOMMENDATION:
After hearing a presentation from staff, PWAC made the following two
recommendations:
1. Remove the requirement for sidewalk and ROW improvements associated with
building permits in excess of $10,000 for permits that are categorized as “repairs”
or “replacements.” Maintain requirements for new construction, remodels,
additions, concrete, and fences.
2. Remove the language pertaining to appeals in the section that applies to
sidewalk improvements. Match the code language between the ROW
encroachments with the sidewalk improvements for better consistency
throughout the code.
PUBLIC WORKS ADVISORY COMMITTEE
MEETING MINUTES
May 20, 2013
Committee Members Present: Chairman Mike Collins, Jeff McKenney, Randy
Hagens, Debbie Lane, Mike Selby, Brion Sargent, Elaine Kiehnle, Bill Knapp, Charlie
Canfield, and John Walsh
Committee Members Absent: Alicia Formagus and Steve Hudson
Council Members Present: Tommy Stewart
Staff Present: Director of Public Works Bud Smallwood, City Engineer Bob Whaling,
Community Development Director Robbie Corder, and Administrative Assistant Jodie
Ledat
1. Welcome and Call to Order
Chairman Collins called the meeting to order at 8:02 am.
2. Review and approve minutes of the January 14, 2013 meeting
Chairman Collins called for approval of the January 14, 2013 meeting minutes. Bill
Knapp moved to approve the minutes. Charlie Canfield seconded, and the motion was
approved unanimously.
3. Discuss sidewalk and ROW improvements for building permits in excess of $10,000 in
valuation
Bud Smallwood introduced Robbie Corder, Director of Community Development, to the
committee indicating he would discuss the item regarding sidewalk and ROW
improvements referred to the committee by the City Council. Robbie Corder reviewed
the current code requirements related to permits issued for work in excess of $10,000.00.
These requirements include the repair and / or replacement of defective sidewalk,
installation of missing or non-existent sidewalk (when applicable), and the removal of
any ROW encroachments. He indicated the code was initially created with the intent that
remodels, additions, and new construction would trigger the sidewalk and ROW
remediation, but the $10,000 “trigger” amount is currently being met with many types of
permits. Mr. Corder indicated that for some permitted work, for example, roof repair
after a hail storm or the installation of a new water heater, the requirement for sidewalk
and ROW improvements can be quite burdensome and can be a significant increase on
project expense.
Mr. Corder discussed staff recommendations which included removing the appeal
process for sidewalk installation and amending the defective sidewalk code to resemble
the ROW encroachments code.
Discussion ensued among the committee members. It was determined the committee will
recommend the $10,000 threshold be removed from permits for the Repair / Replace
category / work class, i.e., replace a water heater. The $10,000 threshold will remain in
place as a trigger for sidewalk replacement / installation and for ROW remediation for
permits in the following categories / work classes: New Construction, Remodels,
Additions, Concrete, and Fences. The committee also recommended removing the appeal
process from the code section regarding sidewalk, and to match the code language
between the sidewalk and ROW encroachments.
In an effort to keep the meeting within its one hour timeframe, Chairman Collins asked
the proposal be emailed to the committee and that votes be made via replies to the email.
4. Update of current Public Works projects
Bud Smallwood updated the committee on projects 47017 – Mile per Year Tulane, 49260
– Paving and Drainage Miscellaneous Locations, 49210 – University / Boedeker Paving,
47230/47240 – Mile per Year Lomo Alto and Douglas, and 47030 – Mile per Year San
Carlos / Potomac and other alleys.
5. Schedule next meeting date: proposed date – Monday, August 19, 2013
Chairman Collins indicated the August meeting date should probably be re-scheduled to
an earlier date in order to address the Council recommendation regarding sidewalk and
ROW improvements.
Chairman Collins adjourned the meeting at 9:02 am.
_____________________________
Michael Collins, Chair
Public Works Advisory Committee
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0011_1_Agenda Memo.docx 2:21 PM 05/31
AGENDA MEMO
6/4/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Gerry Bradley, Director of Parks
SUBJECT: Proposed amendments to Park Ordinance regarding facility usage
and park rentals
BACKGROUND:
During the May 21, 2013 City Council meeting, staff provided City Council with a revised
version of the proposed amendments to the Park Ordinance after receiving Council input
from the May 14, 2013 meeting.
RECOMMENDATION:
Staff will take direction from City Council on how to proceed with the proposed
amendments to the Park Ordinance including the use of park facilities by for-profit
groups within our park system.
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY
AMENDING ARTICLE 1.09, DIVISION 3 “TENNIS COURTS” REGULATING USE
OF TENNIS COURTS AND ADDING A NEW SECTION REGULATING TENNIS
INSTRUCTORS USING CITY TENNIS COURTS; AMENDING SECTION 1.09.151 TO
REGULATE COMMERCIAL USE OF PARKS, INCLUDING BOOT CAMPS AND
PERSONAL TRAINERS; AMENDING SECTION 1.09.153 REGULATING SPORTS
CLINICS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That Chapter 1, Article 1.09, of the Code of Ordinances, City of University
Park, Texas, is hereby amended by amending Division 3 “Tennis Courts” in part as follows:
“Division 3. Tennis Courts
…
Sec. 1.09.072 Reservations; closing time
Only persons with a current tennis court permit can make a tennis court reservation. Reservations
may only be made for a current permit holder. No person may exclusively use any tennis court at a
particular time without a reservation having been made with a representative of the parks
department. During a tennis reservation period, no permit holder may use more than eight (8) tennis
balls for practice or play unless the permit holder is receiving a lesson from a registered tennis
instructor. No permit holder may reserve a court for more than 1.5 hours per day. A permit holder
must have his or her permit card in his or her possession at all times when using a reserved City
tennis court. A penalty may be assessed against a permit holder for failing to cancel a reservation at
least 24 hours in advance of the time reserved. Such penalty shall be set by appropriate City
Council resolution. A violation of the policies of this Division will result in cancellation of the
violator’s tennis court permit. The City reserves the right to reschedule reservations due to court or
lighting maintenance requirements. Notwithstanding that the parks are open until 11:00 p.m.
daily, tennis courts shall close at 10:00 p.m. daily so as to reduce lighting impact and noise in the
neighborhood surrounding the tennis court.
…
Sec. 1.09.074 Permits
A qualified resident of the city, upon making application, may secure an annual tennis permit.
Residents of the area of the City of Dallas known as Greenway Parks, lying generally between
the Dallas North Tollway, Mockingbird Lane, Inwood Road, and University Blvd., shall be
authorized to secure an annual tennis permit for use of the tennis courts at Germany Park only.
Such permit shall be numbered and coded so as to indicate the time of its validity. The charges
for individual tennis permits, under twelve years of age permits and over sixty-five years of age
permits shall be established by resolution of the City Council. The permit number shall be used
in obtaining a reservation from the reservations office.
…
Sec. 1.09.076 Tennis instructors
All tennis instructors who wish to use the tennis courts of the City for instructing tennis pupils must
register with the City. The registration application must be submitted with a registration fee as set
by appropriate resolution of the City Council. A registered tennis instructor must have his or her
registration card in his or her possession at all times when providing instruction on a City tennis
court. Tennis instructors may provide instruction on a City tennis court only to persons holding a
current City tennis court permit, who are present, and who have reserved the tennis court for that
time period. Tennis instructors shall not be permitted to make tennis court reservations. Tennis
instructors can be involved in instruction for no more than three (3) hours per day at any facility.
Any violation of this section by a tennis instructor will result in the cancellation of his or her
registration.”
SECTION 2. That Chapter 1, Article 1.09, of the Code of Ordinances, City of University
Park, Texas, is hereby amended by amending Division 5 “Reservation of Parks and Playing Fields”
in part as follows:
“Division 5 Reservation of Parks and Playing Fields
Sec. 1.09.151 Use of parks and park facilities; personal trainers; boot camps
...
(b) …No person shall sell, offer for sale or solicit the sale of any food or other merchandise in a
public park. No person shall offer any services for monetary gain in a public park. The policies of
this section shall not apply to persons acting pursuant to and with the written authorization of the
City Council or its designee.
…
(d) Any group of two hundred (200) or more people not sponsored by the city and desiring to use
a city park as a gathering place or for an event or function of any kind shall be subject to the
following requirements: [remainder of section language remains unchanged]
(e) All personal trainers who wish to use the parks of the City for their personal physical
training activities must register annually with the City. The registration application must be
submitted with a registration fee, along with a refundable damage deposit, as set by appropriate
resolution of the City Council. A registered personal trainer must have his or her registration card
in his or her possession at all times when providing physical training or instruction to an individual
or group in a City park. Personal trainers may provide physical training or instruction in a City park
only to groups of fifteen (15) or fewer persons. For a group physical training or instruction such as
in a “boot camp” type program, at least 51% of the participants must be City residents. The
personal trainer will furnish a roster of participants to the parks department at least three days prior
to group training or instruction. Personal trainers shall not be permitted to use playgrounds,
swimming pools, gazebos or other structures, picnic tables or benches, fences, utility poles, picnic
areas, basketball or tennis courts to conduct physical training or instruction to an individual or
group.
(f) The use of lights or equipment weighing more than twenty-five (25) pounds is prohibited.
Physical training or instruction may not be conducted in a park before 6:00 a. m. or after 10:00 p. m.
A specific area of each park will be designated by the parks department for use by personal trainers
in conducting physical training or instruction. All City, YMCA and HPISD programming will have
priority at all times over use of a City park by a personal trainer. The use of park and City structures
as workout devices or for anchoring is prohibited. Park benches and picnic tables may not be used
for physical training activities, such as for step-ups. Resistance bands may not be connected to park
fencing, signs, poles, trees or shrubs, drinking fountains or any other appurtenance in the park. Any
violation of this section by a personal trainer will result in the cancellation of his or her registration.
(g) Amplified music and bullhorns are prohibited in a park, except for authorized City
programs. Interruption of another person’s park use or reservation is prohibited. The use of signs or
banners to advertise on park property is prohibited. The use of profanity in the parks is prohibited.
The City reserves the right to reschedule any reservation due to maintenance requirements.
…
Sec. 1.09.153 Sports clinics for profit
(a) [current section language unchanged]
(b) No person shall conduct a sports clinic in a City park without registration with the parks
department. A registration fee, which will be established by appropriate City Council resolution,
shall be required with an application to conduct a sports clinic. The registration fee must be paid at
least one week prior to the conduct of the sports clinic. The person registered to conduct a sports
clinic shall submit a roster of participants at least one week prior to the conduct of the sports clinic.
At least 51% of its participants listed on the roster shall be City residents. No park site will be
reserved for a sports clinic or clinics for more than one week in any month. “Seasonal rental
period” is March, April, May, June and July. Field rentals for sports clinics will be permitted only
during the seasonal rental period, and will be permitted in Burleson, Caruth and Coffee parks only.
(c) Amplified music and bullhorns are prohibited in a park, except for authorized City programs.
Interruption of another person’s park use or reservation is prohibited. The use of signs or banners to
advertise on park property is prohibited. The use of profanity in the parks is prohibited. The use of
tennis courts for sports clinic activities is prohibited. Using fields during inclement weather closure
is prohibited. The City reserves the right to reschedule any reservation due to maintenance
requirements. Any violation of this section by a registered sports clinic operator will result in the
cancellation of his or her registration.”
SECTION 3. All provisions of the ordinances of the City of University Park in conflict
with the provisions of this ordinance are hereby repealed.
SECTION 4. The provisions of this ordinance are severable and should any such provision
be declared unconstitutional, such shall not affect any of the remaining provisions hereof or the
Code of Ordinances as amended hereby.
SECTION 5. Any person violating any of the provisions of this ordinance or the Code of
Ordnances as amended hereby, shall be deemed guilty of a misdemeanor and upon conviction in the
Municipal Court shall be subject to a fine not exceeding five hundred dollars ($500.00) for each
offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on this 21st day
of May 2013.
APPROVED:
______________________________
W. RICHARD DAVIS, MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ________________________________
CITY ATTORNEY LIZ SPECTOR, CITY SECRETARY
(rld/4-15-13/60706)
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY
AMENDING ARTICLE 1.09, DIVISION 3 “TENNIS COURTS” REGULATING USE
OF TENNIS COURTS AND ADDING A NEW SECTION REGULATING TENNIS
INSTRUCTORS USING CITY TENNIS COURTS; AMENDING SECTION 1.09.151 TO
REGULATE COMMERCIAL USE OF PARKS, INCLUDING BOOT CAMPS AND
PERSONAL TRAINERS; AMENDING SECTION 1.09.153 REGULATING SPORTS
CLINICS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
DULY ADOPTED by the City Council of University Park, Texas on the 21st day of May
2013.
APPROVED:
__________________________________
MAYOR
ATTEST:
__________________________________
CITY SECRETARY
Recommended: Amendments to Parks Ordinance - Update: 5-15-13
Residents using tennis courts:
• All Tennis Court users who wish to reserve courts must register with the City of
University Park Parks Department for a tennis permit:
• Individual $40.00
• Youth $10.00 (12 and under)
• Senior $10.00 (60 and over)
• Only registered University Park residents with a current tennis court permit can
make a tennis court reservation. Reservations can only be made for the current
permit holder.
• Residents must have their City of University Park tennis court permit ID card in
their possession while at the tennis courts for registration verification.
• Only eight tennis balls can be used during a tennis reservation unless individuals
are taking lessons from a tennis instructor who is registered with the City of
University Park.
• A $25.00 penalty will be assigned for failing to cancel a reservation 24 hours in
advance. Second incident will result in pass suspension.
• Residents can only make one tennis reservation per day. Reservation periods
will be 1.5 hours. If no one is waiting or no reservations follow, continued play is
permissible.
• Greenway Park Residents - Based on an agreement entered into by the city in
1974, residents of the Greenway Parks Addition in Dallas may reserve the
playing field and tennis courts in Germany Park (formerly known as Park A) in
the same manner and at the same fee adopted for city residents.
• Any violation of this policy will result in the cancellation of the resident’s tennis
permit.
Tennis Instructors:
• All tennis instructors must register with the City of University Park with an annual
fee of $100.
• All registered tennis instructors must have their registration card in their
possession while providing instructions only to University Park residents who
have a current tennis court user permit.
• Tennis instructors are not permitted to make a court reservation. Resident permit
holders must make the court reservation and the resident must be present during
the reservation period. Tennis instructors will not be considered guests.
• Only two permit holders can receive instruction at the same time from the same
instructor.
• Instruction periods for an individual tennis instructor will not exceed three hours
per day at any location.
• The City reserves the right to reschedule reservations due to court or lighting
maintenance.
• The use of signs or banners to advertise services on park property is prohibited.
• Any violation of this policy will result in the cancellation of the tennis instructor’s
permit.
Boot Camps/Personal Trainers:
• All personal trainers must register with the City of University Park with an annual
fee of $500 plus a $250 damage deposit.
• All trainers must have their permit in their possession at all times for registration
verification.
• All groups must have at least 51% of its participants being University Park
residents. Roster must be provided to the Parks Department three days prior to
the clinic or session.
• The use of park and city structures as workout devices or anchoring is prohibited.
Such as but not limited to using park benches/picnic tables for step-ups, tying
resistant bands to park fencing, signs, poles and trees, drinking fountains, etc.
• The uses of playgrounds, the pool, picnic tables and benches, fences, picnic
areas, Goar Park gazebo, basketball and tennis courts or any other structure are
prohibited.
• Interference of residents utilizing the John Roach track at Germany Park is
prohibited.
• No group larger than 15 individuals will be permitted on site.
• The use of lights or any large exercise equipment (over 25 lbs.) is prohibited.
• Park use periods will be between the hours of 6:00 a.m. and 10:00 p.m.
• The City will reserve a particular park turf location for the trainers.
• All City, YMCA or HPISD programming will have the first right to area usage.
• Amplified music and bullhorns are prohibited.
• Interruption of any other park reservation is prohibited.
• The use of signs or banners to advertise on park property is prohibited.
• The use of profanity is prohibited.
• The City reserves the right to reschedule the reservation due to maintenance.
• Staff will periodically check camps and trainers to verify registration.
• Any violation of this ordinance will result in the cancellation of the trainer’s permit.
Sports Clinics:
• All sports clinics must have at least 51% of its participants being University Park
Residents. Roster must be provided to the Parks Department one week prior to
the clinic.
• Fees: Half day $100, Daily $200, Weekly $800.
• Fees are paid one week prior to clinic including a copy of the roster.
• No park sites will be reserved for more than one week to any group/clinic each
month.
• Seasonal rental periods are: March, April, May, June and July.
• Field rentals will be for Burleson, Caruth and Coffee Park only.
• Use of tennis courts is prohibited.
• Amplified music and bullhorns are prohibited.
• The use of signs or banners to advertise on park property is prohibited.
• Using fields during inclement weather with field closure sign present is prohibited.
• Any violation of this policy will result in the cancellation of the group’s future
requests.
Sales in City Parks:
• No person shall sell, offer or solicit any food or other merchandise in a public
park.
• No person shall offer services for monetary gain in a public park.
• The prohibitions contained in above shall not apply to persons acting pursuant to
and with the written authorization of the City Council or their designee.
Park Rentals:
Any rental of park space or facility must be made by a University Park resident.
The use of amplified music or use of a DJ is prohibited unless approved by City Council.
Any rental made by a University Park resident with participation of 200 individuals or
more must be approved by the City Council.
Note: All fees with be represented within the City’s Master Fee schedule.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\882_City Council_6_4_2013\0012_1_FY2014 budget calendar agenda memo.docx 2:21 PM 05/31
AGENDA MEMO
6/4/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Kent R. Austin, Director of Finance
SUBJECT: FY2014 budget calendar
BACKGROUND:
Texas statutes require that cities provide notice and hold public hearings before adopting
an annual budget and property tax rate. The Texas Local Government Code (Section
102) requires that a budget hearing be held no sooner than 15 days after the proposed
budget is filed with the municipal clerk. Using August 5 as the filing date, a hearing
August 20 meets this requirement.
The Texas Tax Code (Section 26, Truth in Taxation) requires the calculation and
publication of the effective tax rate (ETR), the rate at which last year’s revenue would be
raised on this year’s tax base. If the proposed tax rate exceeds the ETR, two public
hearings are required before the new rate can be adopted. A vote on the tax rate must
then take place from 3-14 days after the second hearing.
Whether the FY2014 proposed budget will include an effective tax increase is unknown,
but the below calendar assumes that two hearings are needed:
August 6 City Council receives budget, votes to hold hearing on tax rate 8/20
August 20 Public hearing on budget and tax rate (first)
August 27 Public hearing on budget and tax rate (second)
Sept. 3 City Council votes on budget, tax rate, pay plan
RECOMMENDATION:
Review, modify as needed, and approve FY2014 budget calendar.