Burleson, TX

AGENDA BURLESON CITY COUNCIL

October 21, 2013

BURLESON CITY HALL 141 W. RENFRO

BURLESON, TX 76028

WORKSESSION – 6:00 p.m. Call to Order

1. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

2. Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.

REGULAR SESSION – 7:00 p.m. Call to Order Invocation Pledge of Allegiance 1. Presentations

A. Proclamations

B. Presentations

• Prize Drawing for Shop Wilshire - September Entries (Justin Bond)

C. Community Interest Items This is a standing item on the agenda of every regular meeting of the City Council. (The Texas Open Meetings Act effective September 1, 2009, provides that “a quorum of the city council may receive from municipal staff, and a member of the governing body may make, a report regarding items of community interest during a council meeting without having given notice of the subject of the report, provided no action is taken or discussed.” The Open Meetings Act does not allow Council to discuss an item concerning pending City Council business unless it is specifically, appropriately posted on the agenda). An “item of community interest” includes the following:

• expressions of thanks, congratulations, or condolence; • information regarding holiday schedules;

City of Burleson Burleson City Council Agenda October 21, 2013 Page 2 of 5

• honorary recognitions of city officials, employees, or other citizens; • reminders about upcoming events sponsored by the city or other entity that is

scheduled to be attended by a city official or city employee; and • announcements involving imminent public health and safety threats to the city.

D. Citizen Appearances

(Citizens who have signed a card to speak to the City Council will be heard at this time. In compliance with the Texas Open Meetings Act, unless the subject matter of the presentation is on the agenda, the city staff and City Council members are prevented from discussion of the subject and may respond only with statements of factual information or existing city policy. Public comment will not be taken on items that the Council has previously considered in a public hearing).

Items to be continued or withdrawn. Items to be withdrawn from the consent agenda for separate discussion. 2. Consent Agenda All items listed below are considered to be routine by the City Council and will be

enacted with one motion. There will be no separate discussion of the items unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with staff recommendations.

General A. Minutes from the October 7, 2013 regular Council session. (Amanda McCrory)

B. Financial Transactions. (Rhett Clark)

Ordinances & Resolutions and Other Related Items C. Ordinance C-748-13, a request for a zoning change from Agricultural (A)

District to Commercial (C) District for 8.3 acres of land in the Isaac Saunders Survey, Abstract No. 800, City of Burleson, Johnson County, Texas. The subject property is located at the 4200 block of S. Interstate 35W Frontage Road, being situated on the east side of said frontage road north of Asher Road. (Case 13-045) (Final Reading) (Bradley Ford)

D. Ordinance C-749-13, granting to Atmos Energy Corporation a franchise to provide gas utility service in the City of Burleson (Final Reading) (Rhett Clark)

E. Ordinance C-750-13, approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2013 annual rate review mechanism filing. (Final Reading) (Rhett Clark)

City of Burleson Burleson City Council Agenda October 21, 2013 Page 3 of 5 F. Supplemental Appropriations Ordinance C-632-07(G1013) (Final Reading)

(Paul Cain)

Other Items for Consideration G. Minute Order MO-13-192(B1013), approval of the Capital Improvement

Advisory Committee appointment. (Amanda McCrory) 3. Public Hearings and Other Related Items A. Public Hearing and consideration of Ordinance C-751-13, a request for a

zoning change from Agricultural (A) District to Commercial (C) District for 2.042 acres of land platted as Lot 2, Block 1, Bennett Business Park, City of Burleson, Johnson County, Texas, located at 1536 E. Renfro Street (Case 13-056) (First Reading) (Bradley Ford)

4. Ordinances & Resolutions and Other Related Items A. Ordinance C-752-13, creating a Development Services Department by

Combining the Economic Development and Community Development Departments (First Reading) (Dale Cheatham)

5. Contracts & Agreements and Other Related Items A. No items for consideration. 6. Other Items for Consideration A. Minute Order MO-12-163(A1013), awarding the 2013 Jerry Allen Award for

Excellence in Community Improvement to First Baptist Burleson for the Promises Community Ministries Center located at 140 NW Renfro Street. (Lisa Duello)

B. Consideration of a replat of 7.5 acres of land known as Lots 2R and 3R, Block 1, Reed Parke Addition (Case 13-058) and a Commercial Site Plan for an 9,840 square foot medical office on 1.124 acres of land to be platted as Lot 2R, Block 1, Reed Parke Addition (Case 13-059) located on the north side of John Jones Drive to the east of SW Wilshire Boulevard. (Bradley Ford)

C. Consideration of a request for approval of a Final Plat of two lots encompassing 71.50 acres of land out of the George W. Parsons Survey, Abstract No. 689, City of Burleson, Johnson County, located at 3031 S. Burleson Boulevard. (Case 13-020) (Bradley Ford)

7. Reports & Discussion Items

A. Continuation of Discussion Agenda Items from Work Session.

B. City Council Committees

This is a standing item on the agenda of every regular meeting of the Council so that the Staff and Council Committee Members may make a report to the full body of the City Council. (The City Council has established committees of the Council that meet from time-to-time to consider recommendations to forward to the full body of the

City of Burleson Burleson City Council Agenda October 21, 2013 Page 4 of 5

City Council regarding business of the City. The committees are as follows: Appointments & Council Policies Committee; Community & Intergovernmental Relations Committee; Community Services Committee; Finance & Internal Services Committee; Governance & Stewardship Committee; Infrastructure & Development Committee; Public Safety & Court Committee. Meetings of Council Committees are public meetings posted as required by the Texas Open Meetings Act).

8. Executive Session A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas

Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.

CERTIFICATE

I hereby certify that the above agenda was posted on this the 18 of October 2013, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

Amanda McCrory Amanda McCrory City Secretary ACCESSIBILITY STATEMENT The Burleson City Hall is wheelchair accessible. The entry ramp is located in the front of the building. Accessible parking spaces are also available in that area. Sign interpretative services for meetings must be made 48 hours in advance of the meeting. Call the A.D.A. Coordinator at 817-426-9600, or TDD 1-800-735-2989.

City of Burleson Burleson City Council Agenda October 21, 2013 Page 5 of 5 EXECUTIVE SESSION The City Council reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas: 1. Pursuant to Sec. 551.071(1)a, (1)b, and (2), consultation with its Attorney:

The City Council may conduct private consultations with its attorneys when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. This consultation includes, but is not limited to, the following:

• Southwestern Bell Telephone Company, et al v. City of Burleson, Cause No. C-2012-00205.

• Joseph Van Velzor vs. City of Burleson, Civil Action No. 3:12-cv-2508. • Petition for release of property, Petitioner, Alejandro Chinchilla, owner of Silver

Pneumatic Semi-Trailer; Cause No. C201200638. • Claims against the City • Seek advice of city attorney on legal issues related to:

1. Creative or innovative housing programs 2. Interpretation of Old Town Historic zoning district and ordinance. 3. Cemetery options 4. Election communication 5. Interpretation of zoning ordinance.

2. Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease, or

value of real property. • Right of way acquisition for roadway, trails and utility line extension. • Purchase or lease of property for municipal and/or park use. • Purchase, lease, exchange or value of municipal property.

3. Pursuant to Sec. 551.073, deliberation regarding a negotiated contract for a prospective

gift or donation to the state or the governmental body.

4. Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation, and duties of the City Attorney and City Manager.

5. Pursuant to Sec. 551.076, deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit.

6. Pursuant to Sec. 551.087, to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to said business prospect.

7. Pursuant to Sec. 418.0183(f), deliberation of information related to managing emergencies and disasters including those caused by terroristic acts; must be tape recorded.

October 21, 2013 1C-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: City Manager’s Office Date: October 21, 2013 Subject: Community Interest Items. Council Action Requested: There is no action required of council; these items are for general discussion. Background Information: This is a standing item on the agenda of every regular meeting of the Council.

The Texas Open Meetings Act effective September 1, 2009, provides that “a quorum of

the city council may receive from municipal staff, and a member of the governing body

may make, a report regarding items of community interest during a council meeting

without having given notice of the subject of the report, provided no action is taken or

discussed.”

The law provides that an “item of community interest” includes the following:

• expressions of thanks, congratulations, or condolence; • information regarding holiday schedules; • honorary recognitions of city officials, employees, or other citizens; • reminders about upcoming events sponsored by the city or other entity that is

scheduled to be attended by a city official or city employee; and, • announcements involving imminent public health and safety threats to the city.

The Open Meetings Act does not allow Council to discuss an item concerning pending

City Council business unless it is specifically, appropriately posted on the agenda.

Board/Citizen Input: N/A Financial Considerations: N/A Attachments: N/A Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

October 21, 2013 1D-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: City Manager’s Office Date: October 21, 2013

Subject: Citizen Appearances. Council Action Requested:

Background Information: Citizens who have signed a card to speak to the City Council will be heard at this time.

In compliance with the Texas Open Meetings Act, unless the subject matter of the

presentation is on the agenda, the City Staff and City Council members are prevented

from discussing the subject and may respond only with statements of factual information

or existing city policy. Public comment will not be taken on items that the Council has

previously considered in a public hearing.

Board/Citizen Input:

Financial Considerations: There is no expenditure of municipal funds associated with this item.

Attachments: Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

October 21, 2013 2A - 1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Amanda McCrory, City Secretary Date: October 21, 2013 Subject: Minutes from the October 7, 2013 regular Council sessions. Council Action Requested: Approve the minutes from the October 7, 2013 regular Council sessions

Background Information: Board/Citizen Input: Financial Considerations: Attachments: Minutes of the October 7, 2013 regular Council session Staff Contact: Amanda McCrory City Secretary 817-426-9660

October 21, 2013 2A - 2

BURLESON CITY COUNCIL REGULAR SESSION October 7, 2013

DRAFT MINUTES Roll Call: Council present: Council Absent: Stuart Gillaspie Rick Green Jerry Allen Ken Shetter Dan McClendon Matt Aiken Ronnie Johnson Staff Dale Cheatham, City Manager Amanda McCrory, City Secretary Allen Taylor, City Attorney WORKSESSION – Mayor Shetter Call to Order: 6:19pm 1. Community Branding discussion. (Bradley Ford) Justin Bond, Economic Development Manager, presented to council Community Branding.

• High Growth • Forward thinking • Preserving History • Open for Business • City, Family & Schools • Great place for Families • Brand around a business, location

2. Review of Draft Amendments to Old Town Overlay District. (Kevin

Lasher) Kevin Lasher, Director of Community Development presented to council draft amendments to the Old Town Overlay District. 3. Discussion of items listed on tonight’s city council agenda

None. 4. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,

Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the

October 21, 2013 2A - 3

Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting

5. Reconvene into open session for possible action resulting from any items

posted and legally discussed in Executive Session.

October 21, 2013 2A - 4

REGULAR SESSION – Call to order – Time: 7:03pm Invocation – Dan McClendon, Council Place 5 Pledge of Allegiance – Presentations 1A. Proclamations. None 1B. Presentations Aaron Russell, Director of Public Works presented the Incentive program for customers to pay their City of Burleson utility bill via bank draft – Prize drawing for October. 1C. Community Interest Items.

• National Night Out – was a success. • Connect with Council • Train Town USA – application was reviewed and approved • BOF Breakfast Thursday, October 10 begins at 7:00am • Marc Marchand, Director of Library • Jesse Elizondo, Community Initiatives & Special Projects Manager • Household On Saturday, November 2 • Founder’s Day Saturday, Oct. 12

1D. Citizen Appearance Ken Richardson, 1132 Hidden Glen Ct. Burleson, TX has a water saving plans to catch run-off from AC and store in rain barrels; receives 110 gallons of water a week. He complimented the city on the National Night Out program. Items to be continued or withdrawn Items to be withdrawn from the consent agenda for separate discussion. Consent Agenda 2A. Minutes from the September 16, 2013 regular Council session.

(Amanda McCrory) Motion was made by Jerry Allen and seconded by Rick Green to approve.

October 21, 2013 2A - 5

Motion passed 7-0. 2B. Financial Transactions.

SUPPLEMENT

CITY OF BURLESON FINANCIAL TRANSACTIONS October 7, 2013

1b.-1 VENDOR NAME DESCRIPTION AMOUNT FUND DEPT

REQUISITIONS OVER $3,000:

APEX ROOFING INC INCREASE PO 215298 ORIGINAL PO $9,777.00 INCREASE $1,695.00 TOTAL $11,472.00. COMPLETE REMODEL FOR HR

1,695.00 GF FACILITIES

APEX ROOFING INC. REPAIR ROOF AT 125 W. ELLISON


GRACE TEMPLE CHURCH OF FORT WORTH

PURCHASE OF 5 ACRES FOR TRAIL

26,560.00 COMMUNITY SERVICE FACILITIES

PARKS AND RECREATION

RICOH USA, INC. INCREASE PO 214392 ORIGINAL PO $25,000.00 INCREASE $1,824.87 TOTAL $26,824.87 FINAL INVOICE FOR CONVENIENCE COPIES

$1,824.87 GF SUPPORT SERVICE

JASCO SERVICES 2005-2009 CIP CITY WIDE DRAINAGE – MEADOWCREST

10,000.00 2007 CO S&D ENGINEERING

BRSERVICES INTOX SERVICES CONTRACT

4,500.00 GF POLICE

INTEGRATED FORENSIC LABORATORY

LAB SERVICES CONTRACT

20,000.00 GF POLICE

BLAGG TIRE & SERVICES

STOCK TIRES 4,771.04 ESF EQUIPMENT SERVICE

TEXAS INDUSTRIAL SECURITY, INC

SECURITY SERVICES 10,000.00 GF POLICE

DEL CARMEN CONSULTING LLC

ANNUAL CONTRACT RACIAL PROFILING REPORT

7,600.00 GF POLICE

CALEA, INC PROFESSIONAL CONSULTING SERVICES

4,065.00 GF POLICE

October 21, 2013 2A - 6

CRAFCO TEXAS, INC. ROAD/HWY

MATERIALS ASPHALT 21,465.00 GF STREETS

VENDOR NAME DESCRIPTION AMOUNT FUND DEPT

PATTERSON & ASSOCIATES

INVESTMENT MANAGEMENT SERVICES

20,400.00 GF FINANCE

HD SUPPLY WATERWORKS LTD

ANNUAL WATER METER PURCHASE ITB 2013-017

373,814.50 WWF WATER

TARRANT APPRAISAL DISTRICT

APPRAISAL SERVICES OCT-DEC 2013

5,499.34 GF FINANCE

COTTON PATCH CAFÉ, INC.

PZ MEETING MEALS 2013-14

3,360.00 GF COMMUNITY DEVELOPMENT

REMOTE MONITORING TECHNOLOGIES

SECURITY EQUIPMENT FOR BRICK GYM & PARKING LOT

10,216.00 PPF PARKS & RECREATION

UNITED MECHANICAL REPAIRS TO VORTEX & LAZY RIVER CONTROLLER


EMSI ANALYST RENEWAL VERSION 3.0

7,500.00 BCDC 4A SALES TAX SRF

ECONOMIC DEVELOPMENT

JOHNSON COUNTY ECONOMIC

ECON DEVELOPMENT PARTNERSHIP

5,000.00 BCDC 4A SALES TAX SRF

ECONOMIC DEVELOPMENT

WHITMORE AND SONS INC.

MOWING FOR BRICK FY 2014

3,900.00 PPF PARKS & RECREATIONS

BWI – DALLAS/FORT WORTH

CHEMICALS FOR GOLF COURSE

20,000.00 HCGC HCGC

BWI – DALLAS/FORT WORTH

FERTILIZER FOR GOLF COURSE

40,000.00 HCGC HCGC

FOWLER LAND MANAGEMENT, LLC

INCREASE PO 215295 ORIGINAL PO $43,500.00 INCREASE $10,905,45 TOTAL $54,405.45. BRUSH AND LIMB MULCHING

10,905.45 SSF SOLID WASTE

SWAGIT PRODUCTIONS, LLC

VIDEO COUNCIL & COUNCIL COMMITTEE MEETINGS

19,140.00 GF CITY SECRETARY OFFICE

ARAMARK TOWEL/RUG SERVICE 9,600.00 PPF PARKS & RECREATION

METRO FIRE APPARATUS

MISC REPAIRS FOR FIRE TRUCKS

30,000.00 ESF EQUIPMENT SERVICES

October 21, 2013 2A - 7


CERTIFIED LABORATORIES

BULK DIESEL FUEL ADDITIVE

9,875.00 ESF EQUIPMENT SERVICES

SERVICE FIRST REPAIRS TO FITNESS EQUIPMENT


TRUGREEN LANDCARE

RIGHTS-OF-WAY MOWING (ETJ) ITB 2013-024

45,000.00 GF PARKS

WHITMORE AND SONS INC.

MEDIANS AND RIGHTS-OF-WAY MOWING ITB 2013-001

60,000.00 9,500.00 3,600.00 3,600.00

GF WWF

BCDC 4A SALES TAX PPF

PARKS

IDEAL FIRE & SECURITY, LLC

FIRE ALARM MONITORING


ANTIGUA GROUP ENTERPRISES INC.

APPAREL, CAPS, GLOVES, ETC.

5,000.00 HCGC HCGC

MEMBER’S BUILDING MAINTENANCE

JANITORIAL SERVICES ITB 2013-007


BRIDGESTONE GOLF INC.

GOLF BAGS, BALLS, CLUBS, GLOVES

5,000.00 HCGC HCGC

ARAMARK MAT SERVICE 2013-14 5,865.00 GF FACILITIES

PING GOLF BAGS, BALLS, CLUBS, GLOVES

5,000.00 HCGC HCGC

TRUGREEN LANDCARE

CHISENHALL FIELDS MOWINGS ITB 2010-009

39,142.94 PPF PARKS

TITLEIST GOLF BAGS, BALLS, CLUBS, GLOVES

20,000.00 HCGC HCGC

TAYLOR MADE GOLF COMPANY INC.

GOLF BAGS, BALLS, CLUBS, GLOVES

15,000.00 HCGC HCGC

NIKE GOLF GOLF BAGS, BALLS, CLUBS, GLOVES

5,000.00 HCGC HCGC

WHITMORE AND SONS, INC.

HIDDEN CREEK SPORTS COMPLEX MOWING ITB 2013-001

16,900.00 PPF PARKS

CALLAWAY GOLF GOLF BAGS, BALLS, CLUBS, GLOVES

15,000.00 HCGC HCGC

AQUA-REC INC. CHLORINE TABS FOR POOLS


October 21, 2013 2A - 8


BRODART CO. HILL COLLEGE MATERIALS

5,000.00 GF LIBRARY

OVERDRIVE, INC. COMMUNICATIONS FEE

5,000.00 GF LIBRARY

BRODART CO. MATERIALS LEASE 15,120.00 GF LIBRARY

MUNICIPAL MOSQUITO

MOSQUITO CONTROL GROUND SPRAYING

15,750.00 GF ENVIRONMENTAL

WHIZ-Q-STONE PURCHASE COLORADO COBBLESTONE

5,997.00 GF PARKS

FITCO FITNESS CENTER OUTFITTER

NEW FITNESS EQUIPMENT FOR THE BRICK


RICOH USA, INC. COPY CENTER AND CONVENIENCE COPY BW/COLOR CLICKS

28,000.00 GF SUPPORT SERVICE

NEOPOST**ACH**POSTAGE

ANNUAL POSTAGE METER


RICOH USA, INC. PROFESSIONAL CONSULTING – CONTRACT LABOR


FIREWERKS FIRE APPARATUS REPAIR

REPAIRS FOR TRUCKS E33, FY 2013-14

8,500.00 ESF EQUIPMENT SERVICE

NEOPOST MAINTENANCE AND SUPPLIES FOR MAIL MACHINE


SUNGARD PUBLIC SECTOR

ONESOLUTION EMPLOYEE ONLINE

24,260.00 SSF IT

SUNGARD PUBLIC SECTOR

SOFTWARE MAINTENANCE VARIOUS DEPARTMENTS

178,218.99 SSF IT

KS2 TECHNOLOGIES IBM ISERIES SOFTWARE MAINTENANCE

4,084.25 SSF IT

JOHNSON COUNTY ELECTIONS

PURCHASE MODEL 100 OPTICAL SCANNERS (4)

4,000.00 GF CITY SECRETARY

Motion was made by Jerry Allen and seconded by Rick Green to approve. Motion passed 7-0.

October 21, 2013 2A - 9

2C. Professional services agreement with Paymentus Corporation for the

processing of utility bill payments made by customers via telephone. (Aaron Russell)

Motion was made by Jerry Allen and seconded by Rick Green to approve. Motion passed 7-0. 2D. Contract renewal of ITB 2013-003 Electrical Contracting Service with

Gissiner Electric, LLC. (Rhett Clark) Motion was made by Jerry Allen and seconded by Rick Green to approve. Motion passed 7-0. 2E. Contract renewal of ITB 2013-001 Annual Contract for Grounds

Maintenance for Medians and Rights-of-Way to Whitmore & Sons, Inc. (Peter Krause)

Motion was made by Jerry Allen and seconded by Rick Green to approve. Motion passed 7-0. 2F. Minute Order MO-13-192(A0913), approval of the Zoning Board of

Adjustment appointment. (Amanda McCrory) Motion was made by Jerry Allen and seconded by Rick Green to approve. Motion passed 7-0.

• Moved up in the agenda for consideration of the applicants 6A. Minute Order MO-13-193 awarding FY 2014 hotel occupancy tax

funds to four organizations in the amount of $51,875. (Bradley Ford) Bradley Ford, Director of Economic Development presented to council the list of applicants who applied for the tax credit. Harold Booth, 104 E Ellison, St. Burleson, TX, member of the Baker Foundation, explains the foundation needs someone to write the grant applications for the money needed renovate the Baker House. Motion was made by Matt Aiken and seconded by Stuart Gillaspie to approve the four organizations funding and conditions.

• Heritage Foundation - Funding $10,000

• Burleson Youth Association (BYA) - Funding $20,000

October 21, 2013 2A - 10

• Burleson Area Chamber of Commerce - Funding $ 14,875

• Ritz Event Management – Funding $7,000 Motion passed 7-0. Public Hearings and Related Ordinances 3A. Public hearing and consideration of Ordinance C-748-13, a request for

a zoning change from Agricultural (A) District to Commercial (C) District for 8.3 acres of land in the Isaac Saunders Survey, Abstract No. 800, City of Burleson, Johnson County, Texas. The subject property is located at the 4200 block of S. Interstate 35W Frontage Road, being situated on the east side of said frontage road north of Asher Road. (Case 13-045) (First Reading) (Kevin Lasher)

Kevin Lasher, Director of Community Development presented to council Ordinance C-748-13, a request for a zoning change from Agricultural (A) District to Commercial (C) District for 8.3 acres of land in the Isaac Saunders Survey, Abstract No. 800, City of Burleson, Johnson County, Texas. The subject property is located at the 4200 block of S. Interstate 35W Frontage Road, being situated on the east side of said frontage road north of Asher Road. (Case 13-045) Mayor Shetter opened the public hearing. Time: 7:52pm None Mayor Shetter closed the public hearing. Time: 7:53pm Motion was made by Jerry Allen and seconded by Dan McClendon to approve. Motion passed 7-0. 3B. Public Hearing and consideration of Ordinance D-047 (A1013) to

amend PD Ordinance D-047 currently in place on 73.787 acres of land, described as Bluebird Meadows, to align certain development standards to those contained in the Declaration of Covenants and Restrictions for Bluebird Meadows recorded as Instrument 14908, Pages 1-47, Johnson County, Texas. (Case 13-049) (First Reading) (Kevin Lasher)

Kevin Lasher, Director of Community Development presented to council Ordinance D-047 (A1013) to amend PD Ordinance D-047 currently in place on 73.787 acres of land, described as Bluebird Meadows, to align certain development standards to those contained in the Declaration of Covenants and Restrictions for Bluebird Meadows recorded as Instrument 14908, Pages 1-47, Johnson County, Texas. (Case 13-049) Mayor Shetter opened the public hearing. Time: 8:00pm

October 21, 2013 2A - 11

Mark Segler, 200 I-35 E, Red Oak, TX, representative of John Houston Custom Homes, is purchasing the lots in this PD was not the original applicant for this PD. Mayor Shetter would request a solid commitment in the quality of development. Break 8:13pm – 8:27pm Mayor Shetter continued until applicant request item be presented back to council the public hearing. Time: 8:31pm Motion was made by Matt Aiken and seconded by Jerry Allen to table until applicant request the item be placed on the agenda. Motion passed 7-0. Ordinances & Resolutions and Other Related Items 4A. Ordinance C-749-13, granting to Atmos Energy Corporation a

franchise to provide gas utility service in the City of Burleson (First Reading) (Rhett Clark)

Rhett Clark, Director of Finance presented to council Ordinance C-749-13, granting to Atmos Energy Corporation a franchise to provide gas utility service in the City of Burleson (First Reading) Motion was made by Dan McClendon and seconded by Matt Aiken to approve. Motion passed 7-0 4B. Ordinance C-750-13, approving a negotiated resolution between the

Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2013 annual rate review mechanism filing. (First Reading) (Rhett Clark)

Rhett Clark, Director of Finance presented to council Ordinance C-750-13, approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2013 annual rate review mechanism filing. (First Reading) Motion was made by Dan McClendon and seconded by Matt Aiken to approve. Motion passed 7-0 Contracts & Agreements and Other Related Items 5A. No items for consideration.

October 21, 2013 2A - 12

Other Items for Consideration 6A. Minute Order MO-13-193 awarding FY 2014 hotel occupancy tax

funds to four organizations in the amount of $51,875. (Bradley Ford)

• Moved up in the agenda for consideration of applicants. 6B. Variance to Section 63-56 (1)(a) of Article II, “Sign Regulations” of

Part II, Code of Ordinances, to allow a pole sign to be located off-premise. The requested sign is to be located at 856 NE Alsbury Boulevard. The subject business is located at 955 N Burleson Boulevard, and is zoned Commercial (C) District. (Case 13-052) (Kevin Lasher)

Kevin Lasher, Director of Community Development presented to council Variance to Section 63-56 (1)(a) of Article II, “Sign Regulations” of Part II, Code of Ordinances, to allow a pole sign to be located off-premise. The requested sign is to be located at 856 NE Alsbury Boulevard. The subject business is located at 955 N Burleson Boulevard, and is zoned Commercial (C) District. (Case 13-052) Motion was made by Matt Aiken and seconded by Dan McClendon to approve. Motion Passed 7-0. 6C. Commercial Site Plan for a commercial building addition at 400 N.E.

Wilshire Boulevard in the “I” Industrial zoning district (Case 13-037) (Kevin Lasher)

Kevin Lasher, Director of Community Development presented to council Commercial Site Plan for a commercial building addition at 400 N.E. Wilshire Boulevard in the “I” Industrial zoning district (Case 13-037) Motion was made by Dan McClendon and seconded by Rick Green to approve. Motion passed 7-0 6D. Minor Plat of 13.700 acres of land, addressed as 4600 County Road

711, subdividing one lot into three lots out of the A.G. Kimbell Survey, Abstract No. 474, Johnson County, Texas. The subject property is situated on the southeastern side of County Road 711, west of S. Briaroaks Road within the extraterritorial jurisdiction of the City of Burleson. (Case 13-050) (Kevin Lasher)

Kevin Lasher, Director of Community Development presented to council Minor Plat of 13.700 acres of land, addressed as 4600 County Road 711, subdividing one lot into three lots out of the A.G. Kimbell Survey, Abstract No. 474, Johnson County, Texas. The subject property is situated on the southeastern side of County Road 711, west of S. Briaroaks Road within the extraterritorial jurisdiction of the City of Burleson. (Case 13-050)

October 21, 2013 2A - 13

Motion was made by Matt Aiken and seconded by Rick Green to approve. Motion passed 7-0 6E. Purchase of Building at 1161 S.W. Wilshire, Supplemental

Appropriations Ordinance C-632-07(G1013) (First Reading) & Reimbursement Resolution R-1242-13. (Rhett Clark)

Paul Cain, Deputy City Manager presented to council Purchase of Building at 1161 S.W. Wilshire, Supplemental Appropriations Ordinance C-632-07(G1013) (First Reading) & Reimbursement Resolution R-1242-13. Motion was made Matt Aiken and seconded by Stuart Gillaspie to approve

• Approve purchase of building at 1161 SW Wilshire Blvd for $1.9 million plus related costs required by the purchase contract

• Approve Ordinance C-632-07(G1013) increasing expenditure appropriations; General Fund $1,000,000 to fund purchase

• Approve Resolution R-1243-13 declaring city’s intention to reimburse certain expenditures with proceeds from debt.

Motion passed 6-0. Jerry Allen abstained. 7. Reports & Discussion Items 7A. Continuation of Discussion Agenda Items from Work Session. None 7B. City Council Committees. This is a standing item on the agenda of every regular meeting of the Council so that the Staff and Council Committee Members may make a report to the full body of the City Council. (The City Council has established committees of the Council that meet from time-to-time to consider recommendations to forward to the full body of the City Council regarding business of the City. The committees are as follows: Appointments & Council Policies Committee; Community & Intergovernmental Relations Committee; Community Services Committee; Finance & Internal Services Committee; Infrastructure & Development Committee; Public Safety & Court Committee. Meetings of Council Committees are public meetings posted as required by the Texas Open Meetings Act.)

• G&S – Burleson University courses, CPI, General Government Course Executive Session 8A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,

Texas Government Code, 551.076. Refer to posted list attached

October 21, 2013 2A - 14

hereto and incorporated here in. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

Motion was made by Matt Aiken and seconded by Jerry Allen to convene into executive session. Motion passed 7-0. Time: 8:57pm Motion was made by Jerry Allen and seconded by Stuart Gillaspie to reconvene into open session. Motion passed 7-0. Time: 9:38pm There being no further discussion Mayor Shetter adjourned the meeting. : Time: 9:38pm _____________________________ Amanda McCrory City Secretary

October 21, 2013 2B -1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Rhett Clark, Director of Finance Date: October 21, 2013 Subject: Financial Transactions. Council Action Requested: Approve financial transactions.

Background Information: The City Charter requires payments and requisitions over $3,000 be approved by City

Council. The following are transactions entered as of the publication of this agenda.

Additional transactions requiring Council approval will be enclosed in Council folders the

night of the Council meeting.

Board/Citizen Input: Financial Considerations: Please review each individual financial transaction for financial considerations. Attachments: Financial transactions from October 4, 2013 through October 17, 2013 Staff Contact: Rhett Clark, Director of Finance 817-426-9651 [email protected]

mailto:[email protected]

October 21, 2013 2B -2

CITY OF BURLESON FINANCIAL TRANSACTIONS October 21, 2013

1b.-1 VENDOR NAME DESCRIPTION AMOUNT FUND DEPT

REQUISITIONS OVER $3,000:

DATAPROSE INC. POSTAGE / OUTSOURCING FEES FOR UTILITY BILLS

85,310.00 WWF UTILITY BILLING

BANKSTON FORD OF BURLESON

ENGINE REPAIRS 5,626.00 ESF EQUIPMENT SERVICE

DOOLEY TACKABERRY, INC.

SCOTT BOTTLES – BUYBOARD CONTRACT #363-10

7,693.60 GF FIRE

HOLT-CAT TRACTOR WITH BOOM – BUYBOARD CONTRACT 373-11

108,355.00 ERF EQUIPMENT SERVICE

SOURCE INC. AVAYA MAINTENANCE 11,126.53 SSF IT

VERMONT SYSTEMS, INC.

GOLFTRAC / RECTRAC SOFTWARE MAINTENANCE

4,494.00 SSF IT

ENVIRONMENTAL SYSTEMS RESEARCH

ESRI SOFTWARE MAINTENANCE

18,560.00 SSF IT

STREAM WATER GROUP INC.

ENGINEERING SERVICES DRAINAGE CONTRACT – HIGHPOINT PARK PHASE II IMPROVEMENTS

45,000.00 4A SALES TAX MISC CAPITAL

ENGINEERING

HWY 67 GREENERY GROUNDS MAINTENANCE / LANDSCAPING FOR PATIO

5,000.00 HCGC HCGC

PYRO SHOWS OF TEXAS, INC.

FIREWORKS / CHRISTMAS AND 4TH OF JULY PARADE

35,670.00 GF PARKS AND RECREATION

BLUE WATER INCREASE PO 215572 ORIGINAL PO $2,500.00 INCREASE $2,950.00 TOTAL $5,450.00. REPAIR WATER FEATURE AT VETERAN’S PARK

2,950.00 GF PARKS MAINTENANCE

AL NELSON DEPOSIT FOR SUMMER CONCERT

14,300.00 HOTEL / MOTEL TAX FUND & GF

PARKS AND RECREATION

October 21, 2013 2B -3

VENDOR NAME DESCRIPTION AMOUNT FUND DEPT REQUISITIONS OVER $3,000:

BIG CITY CRUSHED CONCRETE, LP

BASE ROCK – CITY OF ARLINGTON COOPERATIVE CONTRACT 13-0049

15,000.00 GF STREETS

CDW GOVERNMENT INC.

TREND MICRO ANTIVIRUS CLIENT FOR 251 WORKSTATIONS

4,600.83 SSF IT

PAYMENTS OVER $3,000:

VENDOR NAME DESCRIPTION AMOUNT FUND DEPT STRATEGIC GOVERNMENT RESOURCES, INC.

LEARNING MANAGEMENT SYSTEM SUBSCRIPTION

9,375.00 GF HR

NORTH CENTRAL TEXAS COG

MEMBERSHIP DUES 3,121.00 GF / WWF CITY MANAGER

TML ADMINISTRATIVE SERVICES


TARRANT REGIONAL TRANSPORTATION COALITION


NATIONAL LEAGUE OF CITIES


NORTH CENTRAL TEXAS COG

EMERGENCY PREPAREDNESS PROGRAM MEMBERSHIP – 2014

4,000.00 GF / WWF CITY MANAGER

ONCOR INFRASTRUCTURE

RELOCATIONS FOR NORTH/SOUTH CONNECTOR (I35 & MCCALL ST.)

3,602.00 2010 GO STREETS CAPITAL

ENGINEERING

October 21, 2013 2C–1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Bradley Ford, Interim Director of Community Development Date: October 21, 2013 Subject: Ordinance C-748-13, a request for a zoning change from Agricultural (A)

District to Commercial (C) District for 8.3 acres of land in the Isaac

Saunders Survey, Abstract No. 800, City of Burleson, Johnson County,

Texas, located at the 4200 block of S. Interstate 35W Frontage Road

(Case 13-045) (Final Reading)

City Council Action Requested: Approval of Ordinance C-748-13 for a zoning change from Agricultural (A) District to

Commercial (C) District for 8.3 acres of land in the Isaac Saunders Survey, Abstract No.

800, City of Burleson, Johnson County, Texas, located at the 4200 block of S. Interstate

35W Frontage Road (Case 13-045)

Summary of Request On October 7, 2013, the City Council approved this request by a unanimous vote of 7-0

on first reading.

On August 20, 2013, the Planning and Zoning Commission recommended approval of

this request by a unanimous vote of 5-0.

The property owner has requested a zoning change from Agricultural (A) District to

Commercial (C) District to allow retail and commercial uses as listed in the City of

Burleson’s Code of Ordinances, Appendix B, Zoning Ordinance. The owner is seeking

the Commercial (C) designation for the purpose of placing the property on the market to

attract a new user.

October 21, 2013 2C–2

Planning Analysis: Surrounding Land Uses: Surrounding land uses are as follows:

North/South: Property zoned Agricultural (A) is located on the North and South side of

the subject property. The property to the North contains a saltwater

disposal company, while the property to the South of the subject property

is currently undeveloped.

East: The city limit boundary is located along the East property line.

West: Located directly adjacent to the subject property on the West is Interstate

35W. Property zoned Agricultural (A) is located on the West side of I35W

across from the subject property. The property is currently undeveloped.

This property was zoned Agricultural (A) as part of the annexation process in 2008

which is the most restrictive zoning category the city has. This property is located in the

IH-35 Corridor Overlay and is not in a “Specific Plan Area” of the IH-35 Corridor Overlay.

This property is located in an area on the Future Land Use map designated as a

Conventional Freeway Commercial Corridor. The focus of a Conventional Freeway

Commercial Corridor is intense, auto-oriented uses with regional emphasis due to the

area’s high visibility, such as corporate or professional offices, hotels, food

establishments, and retail centers. Changing the zoning of this property to Commercial

(C) zoning designation is in line with the goals and visions of the Imagine Burleson:

Roadmap to 2013 Comprehensive Plan.

Board/Citizen Input: On September 18, 2013, staff mailed 4 notices to 4 adjacent property owners whose

land is located within 200’ of the proposed zoning area. Notice was also published in the

Burleson Star on October 7, 2013. As of the date of this writing, no inquiries from the

general public have been received concerning this request.

October 21, 2013 2C–3


Attachments: 1. Location Map 2. Aerial Map 3. Zoning Map 4. Draft Ordinance C-748-13

Staff Contact: Heather Shankle, Senior Planner Community Development 817-426-9610 [email protected]


October 21, 2013 2C–4

Attachment 1 Location Map

October 21, 2013 2C–5

Attachment 2

Aerial Map

ZONING AREA

ZONING AREA 8.262

ACRES

October 21, 2013 2C–6

Attachment 3 Zoning Map

ZONING AREA

October 21, 2013 2C–7

Attachment 4

Draft Ordinance C-748-13

AN ORDINANCE AMENDING ORDINANCE B-582, THE ZONING ORDINANCE OF THE CITY OF BURLESON, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON APPROXIMATELY 8.262 ACRES (THE ZONING AREA), OUT OF THE ISAAC SAUNDERS SURVEY, ABSTRACT NO. 800, TRACT NO. 35 and 36, AND BEING ADDRESSED AS 4249 AND 4253 SOUTH IH35W; FROM AGRICULTURAL (A) ZONING DISTRICT TO COMMERCIAL (C) ZONING DISTRICT; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, an application for a zoning change was filed by Micki Hardee

on July 9, 2013, under Case Number 13-045; and

WHEREAS, the City of Burleson has complied with the notification

requirements of the Texas Local Government Code and the Burleson Zoning

Ordinance; and

WHEREAS, the City Council and Planning and Zoning Commission have

held a public hearing and the Planning and Zoning Commission has made a

recommendation on the proposed zoning amendment; and

WHEREAS, the City Council has determined that the proposed zoning

ordinance amendment is in the best interest of the City of Burleson.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

BURLESON, TEXAS:

October 21, 2013 2C–8

SECTION 1

The Official Zoning Map is hereby amended insofar as it relates to certain land as

described by metes and bounds in Exhibit A and located in Burleson, Texas, by

changing the zoning of said property from Agricultural (A) Zoning District to Commercial

(C) Zoning District.

SECTION 2

CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of

Burleson, Texas, except where the provisions of this ordinance are in direct conflict with

the provisions of such ordinances, in which event the conflicting provisions of such

ordinances are hereby repealed. To the extent that the provisions of the City of

Burleson's various development ordinances conflict with this ordinance, the terms of this

ordinance shall control.

SECTION 3 SEVERABILITY CLAUSE

It is hereby declared to be the intention of the City Council that the phrases, clauses,

sentences, paragraphs and sections of this ordinance are severable, and if any phrase,

clause, sentence, paragraph or section of this ordinance shall be declared

unconstitutional by the valid judgment or decree of any court of competent jurisdiction,

such unconstitutionality shall not affect any of the remaining phrases, clauses,

sentences, paragraphs and sections of this ordinance, since the same would have been

enacted by the city council without the incorporation in this ordinance of any such

unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 4 PENALTY CLAUSE

Any person, firm, association of persons, company, corporation, or their agents, its

servants, or employees violating or failing to comply with any of the provisions of this

article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than

October 21, 2013 2C–9

two thousand dollars ($2,000.00), and each day any violation of noncompliance

continues shall constitute a separate and distinct offense. The penalty provided herein

shall be cumulative of other remedies provided by State Law, and the power of

injunction as provided in Texas Local Government Code 54.012 and as may be

amended, may be exercised in enforcing this article whether or not there has been a

complaint filed.

SECTION 5 EFFECTIVE DATE

This Ordinance shall be in full force and effect from and after its passage and

publication as provided by law.

PASSED AND APPROVED this the _____ day of ___________ 2013. _____________________________ Mayor ATTEST: ____________________________ City Secretary First Reading: ____________

October 21, 2013 2C–10

EXHIBIT A Page 1 of 2

ZONING AREA 8.262

ACRES

October 21, 2013 2C–11


October 21, 2013 2D-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Rhett Clark, CPA, Director of Finance Date: October 21, 2013 Subject: Ordinance C-749-13, granting to Atmos Energy Corporation a franchise to

provide gas utility service in the City of Burleson (Final Reading). Council Action Requested: Council is requested to adopt Ordinance C-749-13, granting to Atmos Energy Corporation a franchise to provide gas utility service in the City of Burleson on final reading. Background Information: In November, 1991, the City of Burleson granted a franchise to Lone Star Gas to provide natural gas service in the city. This agreement passed to its successors, until its expiration in December, 2011. At expiration, gas service was being provided by Atmos Energy Corporation, and Atmos has continued to operate under the terms of this agreement while a new franchise agreement was being negotiated. The attached agreement is for 10 years (through Dec 31, 2023), and may be extended for two additional 5 year terms. The agreement is non-exclusive, provides for a 5% franchise fee on gross revenues, and is consistent with the City’s right-of-way ordinance. The ordinance as proposed by Atmos was brought to Council in 2012. Because of concerns expressed by Council, staff has spent the past year negotiating several points with Atmos. Attached is a letter from Cara White, from the City’s legal firm detailing Councilman McClendon’s concerns and the resolution obtained. The ordinance was approved on first reading at the October 7 meeting of Council. Board/Citizen Input: N/A Financial Considerations: N/A Attachments: Letter from counsel Ordinance C-749-13 Staff Contact: Rhett Clark 817-426-9651

October 21, 2013 2D-2

October 21, 2013 2D-3

October 21, 2013 2D-4

October 21, 2013 2D-5

October 21, 2013 2D-6

ORDINANCE C-749-13

AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF BURLESON, TARRANT AND JOHNSON COUNTIES TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY; AND PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF CERTAIN OTHER FEES AND CHARGES.

WHEREAS, Atmos Energy Corporation is engaged in the business of providing gas utility service within the City of Burleson and is using the Public Rights-of-Way for that purpose under the terms of an ordinance granting a franchise agreement and ordinance heretofore duly passed by the governing body of the City; and

WHEREAS, the franchise expired at midnight, December 21, 2011 and the City and Grantee desire to enter into a new franchise agreement; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS: SECTION 1. GRANT OF AUTHORITY.

(A) That the City hereby grants to Grantee consent to use and occupy, subject to the

terms hereof, the Public Right-of-Way, for the purpose of laying, maintaining, constructing, protecting, operating, and replacing therein and thereon pipelines and all other appurtenant equipment to deliver, transport and distribute gas in, out of, and through City for persons, firms, and corporations, including all the general public, and to sell gas to persons, firms, and corporations, including all the general public, within the City corporate limits, as such limits may be amended from time to time during the term of this Franchise.

(B) The provisions set forth in this Ordinance represent the terms and conditions

under which Grantee shall construct, operate, and maintain its System facilities within the City. Grantee, by its acceptance of this Franchise, agrees that all such lawful regulatory powers and rights as the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time.

(C) This Franchise does not grant to the Grantee the right, privilege or authority to

engage in any other activities within the City other than those set forth in Section 1(A).

October 21, 2013 2D-7

SECTION 2. DEFINITIONS.

For the purpose of this Franchise, the following words and phrases shall have meaning given in this section. When not inconsistent with the context, words used in the present tense include future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined in this section shall be given their common and ordinary meaning.

"Affiliate" means any entity controlling, controlled by or under common control with the entity in question. As used in this definition, the term “control” means, with respect to an entity that is a corporation, the ownership, directly or indirectly, of more than 50% of the voting securities of such entity or, with respect to an entity that is not a corporation, the power to direct the management or policies of such entity, whether by operation of law, by contract or otherwise.

"City" means the municipal corporation designated as the City of Burleson and includes the territory as currently is or may in the future be included within the boundaries of the City, with its principal office at 141 W. Renfro Street, Burleson, Texas 76028.

"Franchise" or “Agreement” means the rights and obligations of the City and the Grantee set forth in this Franchise ordinance, as the same may be amended from time to time, and includes those rights and duties provided under the laws of Texas and of the United States.

"Gas" means such gaseous fuels as natural, artificial, synthetic, liquefied natural gas, liquefied petroleum, manufactured, or any mixture thereof.

"Grantee" means Atmos Energy Corporation, but does not include its affiliates, subsidiaries or any other entity in which it has an ownership interest, with its principal office at 5430 LBJ Freeway, Dallas, Texas 75240.

"Gross Revenues" means all revenue derived or received, directly or indirectly, by the Grantee from or in connection with the operation of the System within the corporate limits of the City and including, without limitation:

(A) all revenues received by the Grantee from the sale of gas to all classes of customers (excluding gas sold to another gas utility in the City for resale of gas to its customers within City) within the City;

(B) all revenues received by the Grantee from the transportation of gas through the

pipeline system of Grantee within the City to customers located within the City (excluding any gas transported to another gas utility in City for the sale of gas to its customers within City); (C) the value of gas transported by Grantee for transport customers through the System of Grantee within the City (“Third Party Sales”), (excluding the value of any gas transported to another gas utility in City which has executed a franchise agreement with the City for the sale of gas to its customers within City), with the value of such gas to be established by

October 21, 2013 2D-8

utilizing Grantee’s monthly weighted average cost of gas charged to industrial customers in the Mid-Tex division, as reasonably as is possible near the time as the transportation service is performed; and (D) “Gross Revenues” shall also include amounts collected from customers for fees paid to the City pursuant to this agreement and the following “miscellaneous charges”: charges to connect, disconnect, or reconnect gas and charges to handle returned checks from consumers within the City and State gross receipts fees.

(E) “Gross Revenues” shall not include:

(1) revenues billed but not ultimately collected or received by Atmos Energy;

(2) contributions in aid of construction;

(3) the revenue of any affiliate or subsidiary of Atmos Energy;

(4) sales tax paid to the City;

(5) interest or investment income earned by Atmos Energy; and

(6) monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's right of way.

"Public Rights-of-Way" means the public streets, medians, boulevards, roads, lanes,

alleys, highways, public utility easements, viaducts, and bridges across water ways and other public places that are deeded or dedicated to the City and are available for Grantee’s use.

"Railroad Commission" means the Railroad Commission of the State of Texas or other authority succeeding to the regulatory powers of the Railroad Commission.

"Residents" means all persons, businesses, industry, governmental agencies, and any other entity whatsoever, located, in whole or part, within the City that are or may be served by the Grantee hereunder.

“System” and/ or “System facilities” means all of the Grantee’s pipes, pipelines, gas

mains, laterals, feeders, regulators, meters, fixtures, connections or other appurtenant equipment used in or incident to providing delivery, transportation, distribution, and sales of natural gas for heating, lighting and power. SECTION 3. USE OF RIGHT-OF-WAY.

(A) The grant to Grantee in Section 1 is subject to the terms and conditions contained

herein, the Texas Constitution, the City’s ordinances, all as amended, and subject to applicable and controlling local, state and federal laws, including the rules and regulations of any and all agencies thereof, whether presently in force or whether enacted or adopted at any time in the future. This franchise agreement shall in no way affect or impair the rights, obligations or remedies of the parties under the Texas Public Utility Regulatory Act, other state or federal law or the Texas Constitution. Nothing herein shall be deemed a waiver, release or relinquishment of

October 21, 2013 2D-9

either party’s right to contest, appeal, or file suit with respect to any action or decision of the other party, including ordinances adopted by the City, that Grantee believes is in violation of any federal, state, or local law or regulation. (B) Grantee shall provide reasonable notice to the City of planned work within the Public Right-of-Way and shall, except in cases of emergency conditions, obtain a permit if required by the City’s ordinances before commencing work. If so required, Grantee shall comply with permitting requirements that do not conflict with this Ordinance; provided however Grantee or contractors working on behalf of Grantee shall not be required to pay fees related to its use of the public right-of-way other than in accordance with Section 7 hereof. (C) The location of all pipes, mains, laterals, and other equipment shall be subject to approval by the City Manager or designee prior to construction; provided however, said approval shall not be unreasonably withheld. In the event of a conflict between the location of the facilities of Grantee and the location of the facilities of City or other utility franchisees within the Public Rights-of-Way that cannot be resolved, the City Manager or designee shall resolve the conflict and determine the location of the respective facilities. Grantee shall not interfere with power, telephone, cable or water facilities, sanitary or storm sewer facilities or other municipal or public use of the Public Right-of-Way. Grantee has the right to request City Council review of any actions concerning Grantee’s use of the Public Right-of-Way. City shall provide Grantee with its annual capital improvements plan as well as any updates or changes as soon as the plan, update, or change becomes available. City shall notify Grantee as soon as reasonably possible of any projects that will affect Grantee’s facilities located in the Public Rights-of-Way.

(D) The Grantee shall construct, maintain and operate its System facilities in a manner which provides reasonable protection against injury or damage to persons or property. (E) When the Grantee is required by City to remove or relocate its mains, laterals, and other facilities to accommodate construction of streets and alleys by City, and Grantee is eligible under Federal, State, County, City or other local agencies or programs for reimbursement of costs and expenses incurred by Grantee as a result of such removal or relocation, and such reimbursement is required to be handled through City, the City shall include Grantee costs and expenses in an application by City for reimbursement only when the City applies for a grant or program where the eligible relocation costs are delineated separately such that the City has constructive notice that Grantee relocation costs are eligible for reimbursement and only if Grantee submits a request together with its cost and expense documentation to City a reasonable time prior to the filing of the application. City shall provide reasonable notice to Grantee of the deadline for Grantee to submit documentation of the costs and expenses of such relocation to City. In the event that the City makes application for and receives reimbursement for a project where the Grantee’s relocation costs and expenses are delineated separately as set forth above and does not provide sufficient notice to Grantee as set forth in this paragraph, the City shall be responsible for fifty percent (50%) of the cost of the removal or relocation of Grantee’s facilities. In the event that the City receives only a portion of any reimbursement costs sought and the reimbursement received is not delineated separately such that Grantee’s eligible relocation costs are clearly noted, the City will reimburse Grantee only after the City’s costs have been paid in full. When Grantee is required to remove or relocate any System facility without reimbursement, Grantee shall have the right to seek recovery of relocation costs as provided for in applicable state and/or federal law. Nothing herein shall be construed to prohibit, alter, or modify in any

October 21, 2013 2D-10

way the right of Grantee to seek or recover a surcharge from customers for the cost of relocation pursuant to applicable state and/or federal law. City shall not oppose recovery of relocation costs when Grantee is required by City to perform relocation. City shall not require that Grantee document request for reimbursement as a pre-condition to recovery of such relocation costs. Upon receipt of reimbursement from an agency or program as outlined above, the City shall remit to the Grantee, within thirty (30) days of receipt, its portion related to the relocation or removal of its facilities only if the reimbursement received delineates separately Grantee’s eligible relocation costs or the City’s costs have been paid in full. Notwithstanding the foregoing, City shall not be responsible for reimbursement of any relocation costs if Grantee secures or is eligible to secure reimbursement of eligible costs from any other source other than through a statutory rate mechanism or other rate mechanism adopted by the City. This paragraph applies exclusively to the Company’s recovery of its relocation costs and, except as provided in Section 7(D), nothing herein shall prohibit the City from denying or opposing a request by Company to increase or modify its other rates, charges, fees or tariffs (F) City may request Grantee to relocate any part of its System facilities installed or maintained in the Public Right-of-Way to accommodate construction or improvement of a highway, road, street, public way or other public work procured by City which is not undertaken primarily for beautification or solely to accommodate a private developer. Grantee and City agree that a project is not undertaken primarily for beautification unless more than fifty percent of the project costs are allocated to costs unassociated with those required to meet City standards for highway, road, street, public way or other public work including costs associated with water, sewer, drainage, paving and subgrade, curb and gutter, and sidewalk construction. Grantee shall be responsible for bearing the costs of such relocation to the extent that proposed City facilities are determined to be in conflict with Grantee’s existing facilities and as permitted by local, state or federal law. Such relocation shall be made by the Grantee within a reasonable period of time not to exceed sixty (60) days after notice of request from City unless otherwise specifically agreed to by the City or unless Grantee certifies to the City in writing that no conflict exists between its facilities and the proposed City facilities. Should Grantee submit evidence that it is unable to complete the relocation within said time due to no fault of Grantee, the City Manager or designee may agree with Grantee to extend such time. Should Grantee have concerns regarding whether the requested placement of facilities is unsafe or inconsistent with the gas distribution industry standard safe operating practices, Grantee shall provide the City with information detailing and substantiating such concerns and work with City on a solution acceptable to both parties. Should Grantee certify that no conflict exists and it is later determined that Grantee’s facilities conflict with proposed City facilities resulting in a delay in the construction of City facilities, Grantee shall reimburse City for all expenses incurred as a result of the delay. Should Grantee agree to relocate any part of its System facilities and fail to perform the relocation causing a delay in the construction of City facilities, Grantee shall reimburse City for all expenses incurred as a result of the delay. (G) Following relocation, Grantee shall repair, according to City specifications, clean up, and restore to the condition it was in before being disturbed, all Public Rights-of-Way disturbed during the construction and repair of its System at its expense.

(H) The installation and replacement of any System facilities in Public Right-of-Way

by the Grantee shall be subject to inspection and approval by the City. The repair and maintenance of any System Facilities in Public Right-of-way by the Grantee shall be subject to

October 21, 2013 2D-11

inspection by the City. The Grantee agrees to cooperate fully with the City in conducting the inspection. Such inspections shall be conducted within a reasonable time after completion of the project. The Grantee shall promptly perform reasonable remedial action required by the City pursuant to such an inspection. Notwithstanding anything in this section to the contrary, the authority to regulate and inspect the Grantee’s system for compliance with the provisions of Part 192 of Title 49 of the Code of Federal Regulations is hereby reserved to those federal and state authorities having jurisdiction thereunder and nothing herein is intended to confer any such authority to City unless expressly provided under applicable law.

(I) The City reserves the right to lay and permit to be laid, power, sewer, Gas, water,

and other pipe lines or cables and conduits, and to do and permit to be done, any underground and overhead work that may be deemed necessary or proper by the City in, across, along, over and under any Public Right-of-Way occupied by Grantee, and to change any curb or sidewalk or the grade of any street.

(J) If City abandons any Public Rights-of-Way in which Grantee has facilities, such abandonment shall be conditioned on Grantee’s right to maintain its use of the former Public Right-of-Way and on the obligation of the party to whom the Public Right-of-Way is abandoned to reimburse Atmos Energy for all removal or relocation expenses if Grantee agrees to the removal or relocation of its facilities following abandonment of the Public Right-of-Way. If the party to whom the Public Right-of-Way is abandoned requests Atmos Energy to remove or relocate its facilities and Atmos Energy 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 Right-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.

SECTION 4. INDEMNIFICATION AND INSURANCE.

(A) IN CONSIDERATION OF THE GRANTING OF THIS FRANCHISE,

GRANTEE AGREES TO INDEMNIFY AND KEEP HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (THE “INDEMNITEES”) FROM AND AGAINST ALL SUITS, ACTIONS, LIABILITY, OR CLAIMS OF INJURY TO ANY PERSON OR PERSONS, OR DAMAGES TO ANY PROPERTY BROUGHT OR MADE FOR OR ON ACCOUNT OF ANY DEATH, INJURIES TO, OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR FOR DAMAGE TO OR LOSS OF PROPERTY ARISING OUT OF, OR OCCASIONED BY GRANTEE’S INTENTIONAL AND/OR NEGLIGENT ACTS OR OMISSIONS IN CONNECTION WITH GRANTEE’S OPERATIONS; THIS INDEMNIFICATION SHALL APPLY WHETHER OR NOT THE CITY, ITS AGENTS, OFFICERS OR EMPLOYEES WERE NEGLIGENT.

(B) IT IS THE INTENT OF THE PARTIES BY AGREEMENT TO THIS SECTION 4 THAT IF A CLAIM IS MADE IN ANY FORUM AGAINST INDEMNITEES FOR ANY OF THE REASONS REFERRED TO IN SECTION 4(A), AND UPON RESOLUTION OF THE CLAIM:

(1) THERE IS NO FINDING BY A COURT OF COMPETENT

JURISDICTION THAT INDEMNITEES WERE NEGLIGENT IN CONNECTION WITH

October 21, 2013 2D-12

ANY OF THE REASONS REFERRED TO IN SECTION 4(A), GRANTEE SHALL HOLD INDEMNITEES HARMLESS AND INDEMNIFY THEM FOR ANY DAMAGE, LOSS, EXPENSE, OR LIABILITY RESULTING FROM THE CLAIM, INCLUDING ALL REASONABLE ATTORNEY’S FEES, COSTS, AND PENALTIES INCURRED; OR

(2) THERE IS A FINDING BY A COURT OF COMPETENT

JURISDICTION THAT GRANTEE AND INDEMNITEE WERE BOTH NEGLIGENT IN CONNECTION WITH ANY OF THE REASONS REFERRED TO IN SECTION 4, INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.

(C) This section does not waive any governmental immunity available to the City under Texas law. This section is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of the Grantee and the City. This section is not intended to limit the ability of City or Grantee to settle claims through alternative dispute resolution.

(D) If any action, suit or proceeding is brought against the City, its agents and

employees, upon any claim arising out of Grantee’s operations, City shall give notice in writing to Grantee by registered or certified mail. The City agrees to reasonably cooperate with Grantee in connection with such defense.

(E) Promptly after receipt by an Indemnitee of any claim or notice of the

commencement of any action, administrative or legal proceeding, or investigation as to which the indemnity provided for in Section 4(A) hereof may apply, the Indemnitee shall notify the Grantee in writing of such fact. Grantee shall assume the defense thereof with counsel designated by Grantee and reasonably satisfactory to the Indemnitee.

(F) Should an Indemnitee be entitled to indemnification under this Section (4) hereof as a result of a claim by a third party, and Grantee fails to assume the defense of such claim, the Indemnitee will, at the expense of Grantee, contest (or, with the prior written consent of Grantee, settle) such third party claim.

(G) Grantee shall insure its obligations and risks undertaken pursuant to this franchise

in the form of a formal plan of self-insurance maintained in accordance with sound accounting and risk-management practices, or, at its option, maintain the following insurance coverages throughout the term of this Franchise:

(1) Commercial general or excess liability with minimum limits of five

million dollars ($5,000,000.00). To the extent that coverage is maintained on a claims made form, the minimum limits are ten million dollars ($10,000,000) per occurrence and twenty million dollars ($20,000,000) aggregate. This coverage shall include the following:

(a) Completed operations to be maintained for one (1) year. (b) Personal and advertising injury. (c) Contractual liability (d) Explosion, collapse, or underground (XCU) hazards.

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(2) Automobile liability coverage with a minimum policy limit of one million

dollars ($1,000,000.00) combined single limit. This coverage shall include all owned, hired and non-owned automobiles. Pollution liability insurance, with a minimum coverage of $10,000,000 per occurrence shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Such insurance shall provide coverage for clean-up costs. (H) Prior to commencement of operations pursuant to this Agreement, the Grantee shall furnish the City with proof of insurance. (I) The Grantee will require its self-insurance to respond to the same extent as if the City as an additional insured and waive subrogation rights against the City. SECTION 5. GAS SERVICE. (A) Grantee shall be required to extend distribution mains in any Public Rights-of-Way up to one hundred feet (100') for any one residential customer only if such customer, at a minimum, uses gas for unsupplemented space heating and water heating. Grantee shall not be required to extend transmission mains in any Public Right-of-Way within City or to make a tap on any transmission main within City unless Grantee agrees to such extension by a written agreement between Grantee and a customer.

(B) Grantee shall keep and maintain its books, records, contracts, accounts, documents and papers in any way related to this franchise ordinance and shall make them available for inspection by City officials and employees upon reasonable notice.

(C) The Grantee shall install, repair, maintain and replace its Facilities in a good and workmanlike manner.

(D) Grantee shall take such measures which will result in its Facilities meeting the

standards required by applicable federal, state and environmental laws. SECTION 6. NON-EXCLUSIVE FRANCHISE. The rights, privileges, and franchises granted by this Ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of transporting, delivering, distributing, or selling gas to and for City and the inhabitants thereof.

SECTION 7. CONSIDERATION AND METHOD OF PAYMENT.

(A) Grantee shall pay City on or before the 1st day of April, 2014, and on or before the same day of each succeeding year during the term of this franchise, five percent (5%) of the Gross Revenues received by Grantee during the preceding calendar year.

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(B) Grantee shall make the initial payment of the Franchise Fee pursuant to this Ordinance for the privilege period from January 1, 2014 through December 31, 2014, based on the Gross Revenues during the preceding calendar year (January 1, 2013 to December 31, 2013). Each subsequent payment shall be made on April 1 based on the calendar year preceding the year in which the payment is made, with the final payment under the initial term being due on April 1, 2023. (C) Grantee agrees that at the time of each payment, Grantee shall also submit to the City a statement showing its Gross Revenues for the calendar year in which payment is made from the sale of gas to its customers, including but not limited to residential, commercial, and industrial customers, within said corporate limits, including the amount of revenues received by Grantee for the transportation of gas. (D) Grantee may file with the City a tariff or tariff amendment(s) to provide for the recovery of the franchise fees under this agreement. City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part of Grantee’s rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of Grantee’s franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by Grantee and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Atmos Energy. City 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 Grantee. This paragraph applies exclusively to the City’s franchise fees and nothing herein shall prohibit the City from denying or opposing a request by Company to increase of modify its other rates, charges, fees or tariffs SECTION 8. OTHER TAXES.

(A) It is expressly agreed that the aforesaid payments shall be in lieu of any and all

other and additional occupation taxes, easement, franchise taxes or charges, municipal license, permit and inspection fees, bonds, street taxes, and street or alley rentals or charges except as provided in this section. Payment of the fees and other consideration due hereunder by the Grantee is not accepted by the City in lieu of any reimbursement of regulatory costs, payment of taxes that are uniform and generally applicable to other persons conducting business within the City, such as property, sales and use taxes or the costs to repair damages to the Public Right-of-way or to indemnify the City as required herein. If the City does not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges as aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Grantee’s obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges as aforesaid.

(B) Payment of the fees and other consideration due hereunder shall not in any way

limit or inhibit any of the privileges of the City whether under this Franchise ordinance or otherwise.

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SECTION 9. TERM. The initial term of this franchise shall expire at midnight on December 31, 2023. With the approval of both City and Grantee, the franchise may be extended for two (2) additional terms of five (5) years on the same terms and conditions as set forth herein or as negotiated by the parties hereto. SECTION 10. OTHER FRANCHISES.

If Grantee should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality in the Mid-Tex Division, as it exists on the effective date of this Agreement, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its Public Right-of-way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Ordinance, then the franchise fee to be paid by Grantee to City pursuant to this Ordinance may, at the election of the City, be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. The City acknowledges that the exercise of this right is conditioned upon the City’s acceptance of all terms and conditions of the other municipal franchise in toto. The City may request waiver of certain terms and Grantee may grant, in its sole reasonable discretion, such waiver. SECTION 11. CITY RULES AND REGULATION, DOCUMENTS AND REPORTS

(A) The City expressly reserves, and the Grantee expressly recognizes, the City's right

and duty to adopt, from time to time, in addition to the provisions herein contained, such cost of service, cost of Gas, charter provisions, ordinances, rules and regulations as the City deems necessary.

(B) Grantee shall file with the City, those documents required by law to be filed with

the City, and otherwise, upon City’s request, all tariffs, rules, regulations and policies under consideration with the Railroad Commission relating to the facilities and operations, any matters relating to the System facilities and operations, any matters affecting the use of Public Right-of-Way or this Franchise. Upon request, the Grantee shall provide the City with a copy of filings it makes with the Railroad Commission affecting the same. In addition, upon request, the Grantee will provide the City copies of the Grantee's most recent annual report, all petitions, communication reports, advice letters, audits, complaints and applications together with supporting pre-filed testimony and exhibits filed by the Grantee or third parties with the Railroad Commission. SECTION 12. DEFAULT, REMEDIES, TERMINATION.

(A) In addition to all other rights and powers retained by the City under this Franchise or otherwise, the City reserves the right to forfeit and terminate the Franchise and all rights and privileges of the Grantee hereunder in the event of a breach of its terms and conditions. A breach by Grantee shall include, but shall not be limited to, the following:

(1) Violation of any provision of the Franchise or any rule, order, regulation

or determination of the City made pursuant to the Franchise;

October 21, 2013 2D-16

(2) Attempt to evade any provision of the Franchise or to practice any fraud or

deceit upon the City or its Residents;

(3) Failure to begin or complete Gas facility construction and/or extension as agreed to with the City;

(4) Failure to provide the services set forth in the Franchise; or (5) Material misrepresentation of fact in the application for or negotiation of

the Franchise. (B) The foregoing shall not constitute a breach if the violation occurs without fault of

the Grantee or occurs as a result of circumstances beyond its control which could not have been avoided as a result of the exercise of reasonable care. Grantee shall not be excused by mere economic hardship or by misfeasance or malfeasance of its directors, officers or employees.

(C) The City may make a written demand that the Grantee comply with any such provision, rule, order, or determination under or pursuant to this Franchise. If the violation by the Grantee continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the City may take under consideration the issue of termination of the Franchise.

(D) If Grantee does not cure the default within such time frame, City shall notify

Grantee in writing of its right to have a hearing before the City Council to present any objections or defenses Grantee may have that are relevant to the proposed termination. The notice shall specify a hearing date which shall be at least thirty (30) days from the date of the notice. After such hearing, the City may determine whether to continue or to terminate the franchise. The final decision of the City Council may be appealed to any court or regulatory authority having jurisdiction. Upon timely appeal by Grantee of the City Council's decision terminating the franchise, the effective date of such termination shall be either when such appeal is withdrawn or a court order upholding the termination becomes final and unappealable, and until the termination becomes effective, the provisions of this franchise shall remain in effect for all purposes.

(E) Notwithstanding the foregoing, the rights and remedies of City set forth in this

section shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. City and Grantee understand and intend that such remedies shall be cumulative to the maximum extent permitted by law and the exercise by City of any one or more of such remedies shall not preclude the exercise by City, at the same or different times, of any other such remedies for the same breach of this agreement.

(F) The prevailing party in the adjudication of any proceeding relating to this Agreement shall be authorized to recover its reasonable and necessary attorney’s fees pursuant to Section 271.159 of the Texas Local Government Code.

October 21, 2013 2D-17

SECTION 13. MISCELLANEOUS PROVISIONS. (A) This Franchise is made for the exclusive benefit of the City and the Grantee, and nothing herein is intended to, or shall confer any right, claim, or benefit in favor of any third party.

(B) No assignment or transfer of this franchise shall be made, in whole or in part, without approval of the City Council of the City; provided however that Grantee may assign this Agreement to an Affiliate without the City’s consent, upon thirty (30) days’ notice to the City. The City will grant such approval unless withheld for good cause. Upon approval, the rights, privileges, and franchise herein granted to the Grantee shall extend to and include its successors and assigns. The assignment shall not become effective until assignee agrees in writing to be bound by the terms, conditions, provisions, requirements and agreements contained in this franchise. (C) Any notices required or desired to be given from one party to the other party to this Ordinance shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party’s address for notice. CITY COMPANY City Manager Manager of Public Affairs City of Burleson Atmos Energy 141 W. Renfro Street 100 W. Morningside Burleson, Texas 76028 Fort Worth, Texas 76110 With a copy to: Ms. Cara Leahy White Taylor Olson Adkins Sralla Elam 6000 Western Place Suite 200 Fort Worth, Texas 76107 (D) Nothing herein contained shall limit or restrict any legal rights that the City may possess arising from any alleged violation of this Franchise.

(E) Neither the City nor the Grantee shall be excused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employers, or agents, upon any one or more occasions to insist upon or seek compliance with any such terms and conditions.

(F) The paragraph headings contained in this Ordinance are for convenience only and

shall in no way enlarge or limit the scope or meaning of the various paragraphs hereof. Both

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parties have participated in the preparation of this Ordinance and this Ordinance shall not be construed either more or less strongly against or for either party. SECTION 14. ACCEPTANCE AND EFFECTIVE DATE. To accept this Franchise, Grantee must file with the City Secretary its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by City. If such written acceptance of this franchise ordinance is not filed by Grantee, the franchise ordinance shall be rendered null and void. If Grantee accepts this Ordinance, this Ordinance shall become effective as of the date of approval or thirty (30) days following second approval by the City. When this Ordinance becomes effective and Grantee makes it first payments due hereunder, all previous ordinances of City granting franchises for gas delivery purposes that were held by Atmos Energy shall be cancelled.

PASSED AND APPROVED this ____ day of __________, 2013. ATTEST: ___________________________ _______________________________ City Secretary MAYOR First Reading: ___________, 2013

October 21, 2013 2D-19

STATE OF TEXAS § COUNTY OF JOHNSON § CITY OF BURLESON § I, ___________________________________, City Secretary of the City of Burleson, Tarrant and Johnson Counties, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of Burleson, Texas, at a regular session, held on the ______ day of ___________________, 2013, as it appears of record in the Minutes in Book _____________, page _______. WITNESS MY HAND AND SEAL OF SAID CITY, this the ___ day of _________________, 2013.

________________________________

City Secretary City of Burleson, Texas

October 21, 2013 2E-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Rhett Clark, CPA, Director of Finance Date: October 21, 2013 Subject: Ordinance C-750-13, approving a negotiated resolution between the

Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2013 annual rate review mechanism filing (Final Reading).

Council Action Requested: Council is requested to adopt Ordinance C-750-13 on final reading.

Background Information: The approval of this ordinance will result in the average residential customer (using 41.7 Ccf a month) having an increase of $0.74 per month or 1.75%. The average commercial customer (using 327.2 Ccf a month) will have an increase of $2.16 per month or 1.01%. The City, along with approximately 164 other cities served by Atmos Energy Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). On or about July 15, 2013, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism (“RRM”) tariff renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review process. This is the first annual RRM filing under the renewed RRM tariff.

The Atmos Mid-Tex RRM filing sought a $22.7 million rate increase system-wide based on an alleged test-year cost of service revenue deficiency of $25.7 million. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached rate tariffs are the result of negotiations between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of Atmos Mid-Tex’s RRM filing.

The Ordinance resolves the Company’s RRM filing by authorizing additional revenues to the Company of $16.6 million system-wide. For purposes of comparison, this negotiated result is about $11 million less than what ACSC’s consultants calculated that Atmos would have been entitled to if Atmos had filed a case under the Gas Reliability Infrastructure Program (“GRIP”) rather than an RRM case. The settlement is expected to increase the average residential customer’s bill by approximately $0.74 per month. An Average Bill Comparison of base rates has been prepared for residential, commercial, industrial, and transportation customers.

October 21, 2013 2E-2

The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC Cities adopt the Ordinance implementing the rate change.

RRM Background:

The RRM tariff was originally approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. In early 2013, the City adopted a renewed RRM tariff for an additional five years. Atmos Mid-Tex’s July 2013 filing was made pursuant to the renewed RRM tariff.

The RRM tariff and the process implementing that tariff were created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge process. ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow any review of the reasonableness of Atmos’ expenditures, and does not allow participation by cities or recovery of cities’ rate case expenses. In contrast, the RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings. ACSC’s consultants have calculated that had Atmos filed under the GRIP provisions, it would have received additional revenues from ratepayers in excess of $28 million.

Purpose of the Ordinance:

Rates cannot change without the adoption of rate ordinances by cities. No related matter is pending at the Railroad Commission. The purpose of the Ordinance is to approve rates (shown on “Attachment A” to the Ordinance) that reflect the negotiated rate changes pursuant to the RRM process and to ratify the recommendation of the ACSC Executive Committee. Please make sure that the tariffs are attached when the Ordinance is passed by the City Council. As a result of the negotiations, ACSC was able to reduce the Company’s requested $22.7 million RRM increase to $16.6 million. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid-Tex’s revenues effective November 1, 2013. Reasons Justifying Approval of the Negotiated Resolution:

Consultants working on behalf of ACSC Cities have investigated the support for the Company’s requested rate increase. While the evidence does not support the $22.7 million increase requested by the Company, ACSC’s consultants agree that the Company can justify an increase in revenues of some lesser amount. The agreement on $16.6 million is a compromise between the positions of the parties.

The alternative to a resolution of the RRM filing would be a GRIP filing by the Company, based upon the Railroad Commission’s decision in the 2012 rate case. A GRIP filing would entitle the Company to receive more than $28 million in additional revenues, with ACSC being precluded from reviewing the reasonableness of the GRIP filing. The ACSC Executive Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs.

October 21, 2013 2E-3

No Changes to Residential Customer Charges: For the first annual filing under the revised RRM tariff, the Company agreed to forgo any change to the residential customer charge. Therefore, for the 2013 RRM, the result of the filing will not increase the residential customer charge, and the entirety of the increase to the residential class will be applied to the commodity (natural gas consumption) component of rates.

Explanation of “Be It Ordained” Paragraphs: 1. This paragraph approves all findings in the Ordinance.

2. This section adopts the attached tariffs (“Attachment A”) in all respects and finds the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing tariffs not being changed in any way are not attached to the Ordinance.

3. This section requires the Company to reimburse ACSC for reasonable

ratemaking costs associated with reviewing and processing the RRM application.

4. This section repeals any resolution or ordinance that is inconsistent with

this Ordinance.

5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.

6. This section is a savings clause, which provides that if any section(s) is

later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed.

7. This section is a “most favored nations” clause. It provides that if the

Company settles with other parties on better terms than agreed to with the ACSC Cities, the ACSC Cities (including the City) will automatically receive the benefit of those better terms.

8. This section provides for an effective date upon passage.

9. This paragraph directs that a copy of the signed Ordinance be sent to a

representative of the Company and legal counsel for ACSC. Board/Citizen Input: NA

October 21, 2013 2E-4

Financial Considerations: There is no expenditure of municipal funds associated with this item Attachments: Ordinance C-750-13 Staff Contact: Rhett Clark, CPA, Director of Finance 817-426-9659 [email protected]

October 21, 2013 2E-5

ORDINANCE NO. C-750-13

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2013 ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; PROVIDING A MOST FAVORED NATIONS CLAUSE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE’S LEGAL COUNSEL.

WHEREAS, the City of Burleson, Texas (“City”) is a gas utility customer of Atmos

Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority

with an interest in the rates and charges of Atmos Mid-Tex; and

WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a

coalition of approximately 164 similarly situated cities served by Atmos Mid-Tex that have

joined together to facilitate the review of and response to natural gas issues affecting rates

charged in the Atmos Mid-Tex service area; and

WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007

Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to

October 21, 2013 2E-6

develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review

process controlled in a three-year experiment by ACSC Cities as a substitute to the current Gas

Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature; and

WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos

Mid-Tex resolving the Company’s 2007 rate case and authorizing the RRM tariff; and

WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff

process for an additional five years; and

WHEREAS, the City passed an ordinance renewing the RRM tariff process for the City

for an additional five years; and

WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities’

reasonable expenses associated with RRM applications; and

WHEREAS, on or about July 15, 2013, the Company filed with the City its first annual

RRM filing under the renewed RRM tariff, requesting to increase natural gas base rates by $22.7

million; and

WHEREAS, ACSC coordinated its review of Atmos Mid-Tex’s RRM filing through its

Executive Committee, assisted by ACSC attorneys and consultants, to resolve issues identified

by ACSC in the Company’s RRM filing; and

WHEREAS, the ACSC Executive Committee, as well as ACSC’s counsel and

consultants, recommend that ACSC Cities approve the attached rate tariffs (“Attachment A” to

this Ordinance), which will increase the Company’s revenues by $16.6 million; and

WHEREAS, the attached tariffs implementing new rates are consistent with the

negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF BURLESON, TEXAS:

October 21, 2013 2E-7

Section 1. That the findings set forth in this Ordinance are hereby in all things approved.

Section 2. That the City Council finds the existing rates for natural gas service provided

by Atmos Mid-Tex are unreasonable and new tariffs which are attached hereto and incorporated

herein as Attachment A, are just and reasonable and are hereby adopted.

Section 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of

the ACSC Cities in processing the Company’s RRM application.

Section 4. That to the extent any resolution or ordinance previously adopted by the

Council is inconsistent with this Ordinance, it is hereby repealed.

Section 5. That the meeting at which this Ordinance was approved was in all things

conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,

Chapter 551.

Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be

unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining

provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted

as if the offending section or clause never existed.

Section 7. That if ACSC determines any rates, revenues, terms and conditions, or

benefits resulting from a Final Order or subsequent negotiated settlement approved in any

proceeding addressing the issues raised in Atmos’ 2013 RRM filing would be more beneficial to

the ACSC Cities than the terms of the attached tariffs, then the more favorable rates, revenues,

terms and conditions, or benefits shall additionally and automatically accrue to the ACSC Cities,

including the City, without the need for City to take any further action. If this automatic

adjustment occurs, Atmos Mid-Tex shall promptly thereafter file with the City an amended tariff

documenting the adjustment to rates.

October 21, 2013 2E-8

Section 8. That this Ordinance shall become effective from and after its passage with

rates authorized by attached tariffs to be effective for bills rendered on or after November 1,

2013.

Section 9. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris

Felan, Manager of Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ

Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at

Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.

PASSED AND APPROVED this __________ day of ___________________, 2013.

_________________________________ Mayor

ATTEST: __________________________________ City Secretary APPROVED AS TO FORM: ___________________________________ City Attorney

October 21, 2013 2E-9

October 21, 2013 2E-10

October 21, 2013 2E-11

October 21, 2013 2E-12

October 21, 2013 2E-13

October 21, 2013 2E-14

October 21, 2013 2E-15

October 21, 2013 2E-16

October 21, 2013 2E-17

October 21, 2013 2F-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Paul Cain, Deputy City Manager Date: October 21, 2013 Subject: Supplemental Appropriations Ordinance C-632-07(G1013) (Final Reading) Council Action Requested: The City Council is requested to Adopt supplemental appropriations Ordinance C-632-

07 (G1013) increasing expenditure appropriations in the General Fund in the amount of

$1,000,000 to fund the purchase of the building at 1161 SW Wilshire Blvd. on final

reading

Background Information: This item was approved by a vote of 6-0 (Mr. Allen abstaining) on first reading during

the October 7, 2013 City Council meeting. This item was a component of Agenda Item

6E which also included an authorization to purchase the building and Resolution R-

1242-13 declaring the City’s intention to reimburse certain expenditures with proceeds

from debt. Only this ordinance requires a second reading.

The current police station facility (225 W. Renfro), formerly the post office, was last

expanded to its existing 10,000 square feet in 1995. At that time, the city’s population

was approximately 18,545. Today, the population is an estimated 39,130. The square

footage per citizen has fallen from .62 (1995) to .26 (2013). The average for the cities of

Crowley, Euless, Keller, Mansfield and Lancaster is .92. The number of employees in

the police department has increased from 46 (1995) to 81 (2013).

Recognizing this need for additional space, the City has the opportunity to purchase the

building at 1161 SW Wilshire for $1.9 million. The 22,000 square foot building, currently

owned by Huguley, will more than double the available space for the Police Department.

Due to the expense of reconstruction, the jail and dispatch functions will remain at the

current location.

October 21, 2013 2F-2

The FY 12-13 Budget, which closed September 30th, included funds for various facility

related purchases. A total of $453,750 was budgeted in the General Fund and

$2,365,000 in the Water & Wastewater Fund for a combined total of $2,818,750.

Of the $453,750 in General Fund money, only $66,950 was spent last fiscal year. The

balance of $386,800 is now in General Fund Fund Balance. Expenditures included a

new roof at the records center, remodel of space for HR in the West Building, remodel

of space for the City Secretary’s Office and completion of the Burleson University room

at the Service Center and other facilities related expenses (space allocation work,

asbestos surveys, etc.).

Of the $2,365,000 in W/WW funds, $1,249,302 was spent to acquire two buildings

commonly referred to as the “West Buildings” located south and east of City Hall. The

Human Resources department now occupies the southern (Ellison St.) suite of the east

building. The balance of $1,115,698 is available.

A total of $1 Million is requested from the Fund Balance of the General Fund. This

amount is detailed as follows:

Purchase of Huguley & Related Costs ($2,000,000)

Available-W/WW $ 1,115,698

Needed from GF Fund Balance ($ 884,302)

Remodeling at City Hall (Comm Dev/Eng) ( $52,500)

City Hall Flooring ( $63,000)

Needed from GF Fund Balance ( $115,500)

The ordinance was approved on first reading at the October 7 meeting of Council.

Board/Citizen Input: None

Financial Considerations:

October 21, 2013 2F-3

Funds for the purchase of the building are available in the General Fund balance. If the

November bond election passes, this fund will be reimbursed from the proceeds of the

debt. If the election does not pass, this will leave the fund with a balance equal to

approximately 22.5% of operating expenditures – greater than the 20% policy minimum.

Attachments: 1. Budget Amendment Ordinance Staff Contact: Paul Cain, Deputy City Manager 817-426-9680 [email protected]


October 21, 2013 2F-4

Ordinance No. C-632-07 (G1013) AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND FROM AVAILABLE FUNDS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS:

SECTION 1. That in addition to those amounts allocated to the various City

departments for Fiscal Year 2013-2014 in the Budget of the City Manager, there shall also be increased estimated appropriations in the General Fund in the amount of $1,000,000, provided from available funds, for the purpose of acquiring the building at 1161 SW Wilshire Blvd. to be used as a police station and for making certain renovations to City Hall.

SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect.

SECTION 3. That this ordinance shall be cumulative of Ordinance No. C-632-07(D0811) and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.

SECTION 4. This ordinance shall take effect upon adoption. PASSED AND APPROVED on this __________day of ___________________, 2013.

__________________________ Mayor ATTEST: ______________________________ City Secretary First reading____________________

October 21, 2013 2G-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Amanda McCrory, City Secretary Date: October 21, 2013 Subject: Minute Order MO-13-192(B1013), approval of the Capital Improvement

Advisory Committee appointment. Council Action Requested: Approve Minute Order MO-13-192 (B1013), approval of Gary Kilcoin to the Capital

Improvement Advisory Committee to fill the At-large appointment.

Background Information: The Appointments Committee met on September 11, 2013 to review the vacancies to

the City of Burleson Boards and Commission. At the meeting the committee attempted

to place all interested candidates to city boards/commissions, the ones that were not

appointed were sent a letter of interest to see if they would serve on another

board/commission. Mr. Kilcoin is willing to serve on the Capital Improvement Advisory

Committee. If more candidates come forward we will bring those appointments to the

council for approval.

Board/Citizen Input: Appointment Board. Financial Considerations: Attachments: None Staff Contact: Amanda McCrory, City Secretary 817-426-9660

October 21, 2013 3A-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Bradley Ford, Interim Director of Community Development Date: October 21, 2013 Subject: Public Hearing and consideration of Ordinance C-751-13, a request for a

zoning change from Agricultural (A) District to Commercial (C) District for

2.042 acres of land platted as Lot 2, Block 1, Bennett Business Park, City

of Burleson, Johnson County, Texas, located at 1536 E. Renfro Street

(Case 13-056) (First Reading)

Council Action Requested:

1. Conduct a public hearing; and

2. Consideration of Ordinance C-751-13, a request for a zoning change from

Agricultural (A) District to Commercial (C) District for 2.042 acres of land

platted as Lot 2, Block 1, Bennett Business Park, City of Burleson, Johnson

County, Texas, located at 1536 E. Renfro Street (Case 13-056)

Background Information: The Planning and Zoning Commission recommended approval of this item with a

unanimous vote of 7-0 on October 1, 2013.

On August 20, 2013, an application was made by First National Bank of Burleson, as

the owner of the property, requesting a zoning change from Agricultural (A) District to

Commercial (C) District to allow retail and commercial uses as listed in the City of

Burleson’s Code of Ordinances, Appendix B, Zoning Ordinance. The owner is seeking

the Commercial (C) designation for the purpose of placing the property on the market.

The subject property is currently zoned Agricultural (A), which is the most restrictive

zoning categories listed in the Zoning Ordinance. The Agricultural (A) zoning was

established as a default classification when this property was annexed in 2002. The

subject property does not have frontage along E. Renfro Street, but is accessed from a

60’ wide access easement that runs along the east property line. There is currently a

October 21, 2013 3A-2

commercial type building previously used as a plumbing parts warehouse on the subject

property with available parking.

Planning Analysis: Surrounding Land Uses: Surrounding land uses are as follows:

North/East: Properties that are located to the north and east of the subject property are

zoned Commercial (C) District. Directly adjacent to the subject property on

the east is the Burleson Masonic Lodge.

South/West: Properties that are located to the south and west of the subject property

are zoned Agricultural (A) District. A single family residence is located to

the west of the subject property. To the south is undeveloped property

that fronts on the north side E. Hidden Creek Parkway.

Imagine Burleson: Roadmap to 2030 Comprehensive Plan: The zoning area is designated as an Urban Residential Neighborhood in the Imagine

Burleson: Roadmap to 2030 Comprehensive Plan. The primary uses in this category

include single-family residences, such as duplexes, patio homes, and town homes.

Supporting and complementary uses, such as open space, schools and other public or

civic uses, are also encouraged in this category. Neighborhood retail such as “mom and

pop” convenience grocers, dry cleaners, bakeries, and bookstores, may be appropriate

in newly developed areas if developed in harmony with the residential character.

The majority of property surrounding the subject property is zoned Agricultural, which

was primarily established as a default zoning category when these properties were

annexed. Many of the buildings in the surrounding area are operating businesses that

maintain a legal non-conforming status. Since the subject property is in close proximity

to E. Renfro Street and E. Hidden Creek Parkway, and due to the existence of

established Commercial zoning and uses on the adjacent properties to the north and

east, it is staff’s opinion that changing the zoning of this property to Commercial (C)

District would be in substantial conformance with the goals and objectives of the

Imagine Burleson: Roadmap to 2013 Comprehensive Plan for this location.

October 21, 2013 3A-3

Board/Citizen Input: On September 19, 2013, staff mailed 12 public notices to 8 adjacent property owners

whose land is located within 200’ of the proposed zoning area. Notice was also

published in the Burleson Star on September 22, 2013. At the time of this writing, no

inquiries have been received concerning this request.


Attachments: 1. Location Map 2. Aerial Map 3. Zoning Map 4. Draft Ordinance C-751-13

Staff Contact: Heather Shankle, Senior Planner Community Development 817-426-9610 [email protected]


October 21, 2013 3A-4

Attachment 1 Location Map

October 21, 2013 3A-5

Attachment 2 Aerial Map

2.042 ACRES THE ZONING

AREA

October 21, 2013 3A-6

Attachment 3 Zoning Map

ZONING AREA ZONING AREA

October 21, 2013 3A-7

Attachment 4

DRAFT ORDINANCE C-751-13 AN ORDINANCE AMENDING ORDINANCE B-582, THE ZONING ORDINANCE OF THE CITY OF BURLESON, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON APPROXIMATELY 2.042 ACRES (THE ZONING AREA) PLATTED AS LOT 2, BLOCK 1, BENNETT BUSINESS PARK, CITY OF BURLESON, JOHNSON COUNTY, TEXAS, AND BEING ADDRESSED AS 1536 EAST RENFRO STREET; FROM AGRICULTURAL (A) DISTRICT TO COMMERCIAL (C) DISTRICT; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, an application for a zoning change was filed by property

owner First National Bank of Burleson on August 20, 2013, under Case Number 13-056;

and

WHEREAS, the City of Burleson has complied with the notification

requirements of the Texas Local Government Code and the Burleson Zoning

Ordinance; and

WHEREAS, the City Council and Planning and Zoning Commission have

held a public hearing and the Planning and Zoning Commission has made a

recommendation on the proposed zoning amendment; and

WHEREAS, the City Council has determined that the proposed zoning

ordinance amendment is in the best interest of the City of Burleson.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

BURLESON, TEXAS:

October 21, 2013 3A-8

SECTION 1

The Official Zoning Map is hereby amended insofar as it relates to certain land as

described by metes and bounds in Exhibit A and located in Burleson, Texas, by

changing the zoning of said property from Agricultural (A) District to Commercial (C)

District.

SECTION 2 CUMULATIVE CLAUSE

This ordinance shall be cumulative of all provisions of ordinances of the City of

Burleson, Texas, except where the provisions of this ordinance are in direct conflict with

the provisions of such ordinances, in which event the conflicting provisions of such

ordinances are hereby repealed. To the extent that the provisions of the City of

Burleson's various development ordinances conflict with this ordinance, the terms of this

ordinance shall control.

SECTION 3 SEVERABILITY CLAUSE

It is hereby declared to be the intention of the City Council that the phrases, clauses,

sentences, paragraphs and sections of this ordinance are severable, and if any phrase,

clause, sentence, paragraph or section of this ordinance shall be declared

unconstitutional by the valid judgment or decree of any court of competent jurisdiction,

such unconstitutionality shall not affect any of the remaining phrases, clauses,

sentences, paragraphs and sections of this ordinance, since the same would have been

enacted by the city council without the incorporation in this ordinance of any such

unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 4 PENALTY CLAUSE

Any person, firm, association of persons, company, corporation, or their agents, its

servants, or employees violating or failing to comply with any of the provisions of this

article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than

two thousand dollars ($2,000.00), and each day any violation of noncompliance

continues shall constitute a separate and distinct offense. The penalty provided herein

shall be cumulative of other remedies provided by State Law, and the power of

October 21, 2013 3A-9

injunction as provided in Texas Local Government Code 54.012 and as may be

amended, may be exercised in enforcing this article whether or not there has been a

complaint filed.

SECTION 5 EFFECTIVE DATE

This Ordinance shall be in full force and effect from and after its passage and

publication as provided by law.

PASSED AND APPROVED this the___________ day of __________ 2013. ____________________________ Mayor ATTEST: ___________________________ City Secretary First Reading: ________________

October 21, 2013 3A-10


2.042 ACRES THE ZONING

AREA

October 21, 2013 3A-11


October 21, 2013 4A-1

Memorandum To: Honorable Mayor Shetter and Members of the Burleson City Council From: Dale Cheatham, City Manager Date: October 21, 2013 Subject: Ordinance C-752-13, creating a Development Services Department by

Combining the Economic Development and Community Development Departments (First Reading)

____________________________________________________________________ Council Action Requested: Approve the attached Ordinance creating a Development Services Department by

combining the Economic Development and Community Development Departments. (First

Reading)

Background Information: The Community Development and Economic Development Departments currently operate

independent of each other, but coordinate as necessary on projects and issues. Staff in

both departments deal extensively with developers and businesses and it is important that

we deliver a consistent message and services to the development community. With the

recent departure of the Community Development Director there is an opportunity to

relatively easily consolidate these two departments into a Development Services

Department.

The current Economic Development Director would become the Development Services

Director and Zoning Administrator. Other changes would include:

• Elimination of the Community Development Director position

• Upgrading a Planner position to a Planning Manager position

• Creation of an Economic Development Analyst position

October 21, 2013 4A-2

The existing Economic Development Manager position, new Economic Development

Analyst position, and 50 percent of the Development Services Director position would be

paid for out the Type A Fund. The changes would result in an increase in the Type A

expenses and a reduction in General Fund expenses.

Board/Citizen Input N/A

Financial Considerations To be addressed with a separate agenda item.

Attachments: Ordinance C-752-13

Staff Contact: City Manager’s Office 817-426-9680

October 21, 2013 4A-3

ORDINANCE C-752-13

AN ORDINANCE CREATING A DEVELOPMENT SERVICES DEPARTMENT BY COMBINING THE ECONOMIC DEVELOPMENT AND COMMUNITY DEVELOPMENT DEPARTMENTS AND DESIGNATING THE DIRECTOR AS ZONING ADMINISTRATOR.

Be it ordained by the City Council of the City of Burleson, Texas:

Section I.

There is hereafter created a Development Services Department by combining the Economic Development and Community Development Departments, abolishing the Economic Development and Community Development Departments, and designating the Director of Development Services as Zoning Administrator.

Section II.

This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Passed and Approved this ___ Day of ___________________, 2013 ___________________________ MAYOR ATTEST: _______________________ CITY SECRETARY

October 21, 2013 5A - 1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: City Manager’s Office Date: October 21, 2013 Subject: Contracts & Agreements and Other Related Items. Council Action Requested: No items for consideration.

Background Information: Board/Citizen Input: Financial Considerations: Attachments: Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

October 21, 2013 6A-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Lisa Duello, Director of Neighborhood Services Laura Melton, P. E., Director of Engineering Services Bradley Ford, Interim Director of Community Development Date: October 21, 2013 Subject: Minute Order MO-12-163(A1013), awarding the 2013 Jerry Allen Award

for Excellence in Community Improvement to First Baptist Burleson for the Promises Community Ministries Center located at 140 NW Renfro Street.

Council Action Requested: Approve Minute Order MO-12-163(A1013), awarding the 2013 Jerry Allen Award for

Excellence in Community Improvement to First Baptist Burleson for the Promises

Community Ministries Center located at 140 NW Renfro Street.

Background Information: The Jerry Allen Award for Excellence in Community Improvement was created by City

Council through Resolution R-1090-07 to honor then outgoing Place 5 Councilmember

Jerry Allen. The inaugural award was presented to Mr. Allen with B & G Commercial

Investments winning the award in 2008 for the Renfro Square Development. United

Cooperative Services won the award in 2012 for their Eastern District Office.

The award is presented to individuals, businesses, organizations, or community groups

whose efforts to improve Burleson are extraordinary. A committee consisting of the

Director of Neighborhood Services, the Director of Community Development and the

Director of Engineering Services meet to determine if an individual business,

organization or community group is deserving. The committee reviews and

recommends to Council candidates based on the following criteria:

Incorporating sustainable development

New urban design principles into new development

October 21, 2013 6A-2

Redevelopment or neighborhood rehab project which significantly improve the

aesthetic beauty of Burleson

Outstanding landscaping

Beautification projects which significantly contribute to the long-term

beautification of Burleson

Other areas of community improvement.

Staff recommends the 2013 Award be presented to First Baptist Burleson for the Promises Community Ministries Center located at 140 NW Renfro Street.

The Promises Community Ministries Center was developed by First Baptist Church of

Burleson. The development achieves the desired effect of the Old Town comprehensive

plan area and assists in establishing an anchor for the Old Town area on the northwest

end of Renfro. The new 5,998 square feet building combines modern building

techniques with architecture suggestive to the early 20th Century. Prior to the new

development there was a vacant small white frame siding structure.

In accordance with the requirements of the Old Town Overlay District, this building has

been positioned to create and reinforce the spatial definition of the street alignment

along Renfro Street. An attractive (Type “A”) façade has been constructed along this

frontage that incorporates a recessed street entry, arched forms, solders course brick

detailing, accent masonry and glazed window fenestrations that frames an attractive

pedestrian zone along the Renfro corridor. This design respects the form of the street

and will influence the size, shape, massing and materials that will establish a pattern for

future construction facing the edges of the Renfro right-of-way. The relationship of this

building’s form to the Old Town Overlay District street grid pattern is critical to

maintaining the character of the district.

According to Executive Pastor, David Green the Promises Center was originally

developed out of a desire for the members of First Baptist Burleson to be more effective

in serving the community and helping to find hope in Christ. It was originally located at

the corner of Haskew and Ellison Streets, after an extensive updating and expansion of

October 21, 2013 6A-3

the old Blackstock Radiator Shop. As Promises approached its tenth birthday, it was

apparent that more space was needed, and through many generous gifts, and a mix of

volunteer and contract labor, the Promises ministry was built and re-located to the new

Renfro Street property in early 2013.

Pastor Green stated that, “many hours of volunteer labor are given each week to make

sure that the love of Christ is demonstrated to the community. An extensive food pantry

and clothes closet make up the rear portion of the property (in the warehouse areas).

The new construction facing Renfro Street provides a welcoming environment for walk

in assistance for those struggling to make ends meet. Through the generosity of the

church and gifts from the community, we are able to provide, food, clothing, and

assistance with shelter-related expenses. Through our Christian Women’s Job Corp

Training program, a group of program participants are selected each fall and spring for

a semester-long intensive training to help introduce or re-introduce women into the

workforce. Enrollment is free to the participant, who is assigned a mentor and attends

classes four days a week to learn computer literacy, and office/professional

development skills. The Promises Center also provides counseling services to men,

women, couples and children, with a staff of 8 counselors, who are licensed by the

State of Texas. The mission at the Promises Center is to meet the spiritual, physical,

and emotional needs of those we serve in ways that encourage responsibility,

accountability, and Christian discipleship.”

Board/Citizen Input: The committee comprised of Lisa Duello, Director of Neighborhood Services, Kevin

Lasher, Director of Community Development and Laura Melton, P.E., Director of

Engineering Services met to recommend First Baptist Church of Burleson for the new

Promises Community Ministries Center located at 140 NW Renfro Street.

Financial Considerations: There is no expenditure associated with this item.

October 21, 2013 6A-4

Attachments: 1. Award 2. Before and after site images Staff Contact: Lisa Duello, Director of Neighborhood Services 817-426-9841 [email protected] Laura Melton, Director of Engineering Services 817-426-9617 [email protected] Bradley Ford, Interim Director of Community Development 817-426-9623 [email protected]




October 21, 2013 6A-5

2013 Jerry Allen Award for Excellence in Community Improvement Presented To

First Baptist Burleson for the Promises Community Ministries Center

located at 140 NW Renfro Street

WHEREAS, the residents and business owners in the Burleson community value the quality of life afforded here, and; WHEREAS, community aesthetics, creative design, attention to environmental details, and good property maintenance all contribute to the sustainable development that enhances our quality of life, and; WHEREAS, the public servants on the elected and appointed boards and commissions in Burleson have helped shape policies encouraging such sustainable development, and; WHEREAS, the City Council of the City of Burleson, Texas resolved on the 24th of May, 2007, to establish the Jerry Allen Award for Excellence in Community Improvement in recognition of individuals, businesses, organizations, or community groups that go to extraordinary lengths to improve the Burleson community through: Incorporating sustainable development New urban design principles into new development Redevelopment or neighborhood rehab project which significantly improve the

aesthetic beauty of Burleson Outstanding landscaping Beautification projects which significantly contribute to the long-term

beautification of Burleson, WHEREAS, First Baptist Burleson, through the construction of the new Promises Community Ministries Center have significantly improved the Old Town area at Northwest end of Renfro of the City of Burleson, and; WHEREAS, Promises Community Ministries Center consists of a period style architecture and location that creates aesthetic quality and value to the City of Burleson. . THEREFORE, be it ordered that the 2012 Jerry Allen Award for Excellence in Community Improvement be given to First Baptist Burleson Promises Community Ministries Center located at 140 NW Renfro Street. Signed this _________day of___________________, 2013

_____________________

Mayor

October 21, 2013 6A-6

Attachment 1: Before Site Photos

October 21, 2013 6A-7

Attachment 1: After Site Photos

October 21, 2013 6A-8

October 21, 2013 6B-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Bradley Ford, Interim Director of Community Development Date: October 21, 2013 Subject: Consideration of a replat of 7.5 acres of land known as Lots 2R and

3R, Block 1, Reed Parke Addition (Case 13-058) and a Commercial

Site Plan for an 9,840 square foot medical office on 1.124 acres of

land to be platted as Lot 2R, Block 1, Reed Parke Addition (Case

13-059) located on the north side of John Jones Drive to the east of

SW Wilshire Boulevard.

Council Action Requested: Approval or denial of:

1. A Replat of Lots 2R and 3R, Block 1, Reed Parke Addition, containing 7.5

acres of land out of the B.B.B. & C.R.R. Survey, Abstract No. 98, City of

Burleson, Johnson County. (Case 13-058); and,

2. A Commercial Site Plan for an 9,840 square foot medical office on 1.124

acres of land to be platted as Lot 2R, Block 1, Reed Parke Addition (Case

13-059).



On August 20, 2013, Landcore Development Company submitted an application

for a commercial site plan and replat for property located within the Reed Parke

Addition Planned Development. The applicant is proposing to construct a 9,840

square foot building to house the Burleson Dialysis Center. The subject property

is currently undeveloped.

October 21, 2013 6B-2

Planning Analysis: Surrounding Land Uses: The subject property is part of and surrounded by

property within the Reed Parke Planned Development.

North/East: Property is currently undeveloped. The planned development

designates this area as General Office.

South/East: Property is currently undeveloped. The planned development

designates this area as General Retail. The property is located

adjacent to SE John Jones Drive along the south property line.

North/West: Cook’s Childrens medical offices are located to the northwest of the

subject property.

Commercial Site Plan Request: The subject property is located with the Reed

Parke Addition Planned Development established by Ordinance D-082-07. A

tabulated listing of site plan requirements is presented below that reflects the

level of conformance to design standard requirements as depicted on the

applicant’s site plan submittal.

Applicable Ordinance Provision

Design Standards Requirements

Provided by Applicant on Site

Plan

Conformance to Design Standards

Landscaping required for

20% of total site area.

86-103 Landscape

Ordinance

9,790 sq ft req’d

14,079 sq ft prov’d In conformance

40% landscaping in front

yard along Wilshire Blvd. 86-105 (a)

3,916 sq ft req’d

6,740 sq ft prov’d In conformance

October 21, 2013 6B-3

Applicable Ordinance Provision

Design Standards Requirements

Provided by Applicant on Site

Plan

Conformance to Design Standards

Irrigation required. 86-107 Landscape

Ordinance

Irrigation plan to be

provided prior to

building permit –

note on plan states

compliance

In conformance

Building material

requirement Sec 3.13 100% masonry In conformance

Parking required: One

space for every 200 SF of

total floor area

134-110 (14)

Zoning Ordinance

50 spaces required

50 spaces provided In conformance

Front Yard Setback min 25’ Sec 3.07 Over 100’ from front

lot line In conformance

Maximum Height 20’ Sec 3.10 20’ In conformance

Lighting Sec 3.16 Maximum height 30’ In conformance

Replat:

As part of the ordinance requirements, a conveyance plat for the planned

development was approved on April 20, 2009. The applicant is replatting Lot 1,

Block 3 and Lot 2, Block 1 into Lots 2R and 3R, Block 1, totaling approximately

7.5 acres of land. The replat is to allow for the sale of 1.124 acres to be shown as

Lot 2R, and will be the site for the new construction. The remaining 6.4 acres will

be replatted as Lot 3R, and will remain undeveloped at this time. The replat is in

conformance with the original intent of the conveyance plat and planned

development requirements.

The regulation of subdivision development is based upon government's

legitimate interest in promoting orderly development, insuring that subdivisions

are constructed safely, and protecting future owners from inadequate police and

October 21, 2013 6B-4

fire protection, inadequate drainage and unsanitary conditions. To achieve this

goal, the Planning and Zoning Commission appointees and the City Council

members have the legislative authority to adopt a subdivision ordinance. A plat

cannot be denied for a reason other than failure to comply with applicable

regulations.

Notification/Citizen Input: There is no public input required for this case. Financial Considerations: There is no expenditure of municipal funds associated with these requests. Attachments: 1. Aerial Map 2. Zoning Map 3. Site Plan 4. Building Elevations 5. Landscape Plan 6. Reed Parke Addition Replat Staff Contact: Heather Shankle Senior Planner Community Development 817-426-9610 [email protected]

October 21, 2013 6B-5

ATTACHMENT 1 Aerial Map

SITE

October 21, 2013 6B-6

ATTACHMENT 2 Zoning Map

SITE

October 21, 2013 6B-7

ATTACHMENT 3 Site Plan

October 21, 2013 6B-8

ATTACHMENT 4 Building Elevations

October 21, 2013 6B-9

ATTACHMENT 5 Landscape Plan

October 21, 2013 6B-10

ATTACHMENT 6 Reed Parke Addition Replat

October 21, 2013 6C-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: Bradley Ford, Interim Director of Community Development Date: October 21, 2013 Subject: Consideration of a request for approval of a Final Plat of two lots

encompassing 71.50 acres of land out of the George W. Parsons

Survey, Abstract No. 689, City of Burleson, Johnson County,

located at 3031 S. Burleson Boulevard. (Case 13-020)

Council Action Requested: Consideration of a Final Plat of two lots encompassing 71.50 acres of land out of

the George W. Parsons Survey, Abstract No. 689, City of Burleson, Johnson

County. (Case 13-020)



An application was made by Baird, Hampton and Brown, Inc., the representative

of the applicant, Lynn Smith, for a final plat of two lots encompassing 71.50 acres

of land out of the George W. Parsons Survey, Abstract No. 689. Lot 1 is the

future location of LKQ, an auto reclamation and parts distribution facility. The

commercial site plan and specific use permit for the project received final

approval from City Council on May 20, 2013. A gas lease currently exists on Lot

2. The property has a zoning designation of Industrial (I) with a Specific Use

Permit (SUP) to allow an open salvage yard.

Planning Analysis: Surrounding Land Uses:

October 21, 2013 6C-2

North: Property zoned Agricultural (A) zoning district containing a church

facility owned by Shepherds Valley Cowboy Church. An occupied

residence is situated east of the church property inside Burleson’s

extraterritorial jurisdiction. To the northeast are vacant rural

properties (some containing gas wells) that are also situated within

Burleson’s extraterritorial jurisdiction.

South: Property zoned Agricultural (A) zoning district containing an existing

single family residence. To the southeast are vacant rural

properties (some containing gas wells) situated within Burleson’s

extraterritorial jurisdiction. An existing platted residential subdivision

(Oakview Farms) is situated south and east of the subject property

within Burleson’s extraterritorial jurisdiction.

East: Vacant rural properties (some containing gas wells) situated within

Burleson’s extraterritorial jurisdiction.

West: A TxDOT rest stop along the northbound frontage of Interstate

Highway 35W. The City of Burleson’s 159-acre HighPoint Business

Park is across the highway further west.

Final Plat: As per Appendix A, Section 2.2 of the City of Burleson Code of Ordinances, no

building permit shall be approved or certificate of occupancy issued on any lot,

tract or parcel of land unless and until a plat has been approved. Therefore, a

final plat is required in order for a building permit to be issued for construction to

begin, and a certificate of occupancy to be issued once construction is complete.

The regulation of subdivision development is based upon government's

legitimate interest in promoting orderly development, insuring that subdivisions

are constructed safely, and protecting future owners from inadequate police and

October 21, 2013 6C-3

fire protection, inadequate drainage and unsanitary conditions. To achieve this

goal, the Planning and Zoning Commission appointees and the City Council

members have the legislative authority to adopt a subdivision ordinance. A plat

cannot be denied for a reason other than failure to comply with applicable

regulations.

Notification/Citizen Input: There is no public input required for this case. Financial Considerations: There is no expenditure of municipal funds associated with these requests. Attachments: 1. Aerial Map 2. Apello Addition Final Plat Staff Contact: Heather Shankle Senior Planner Community Development 817-426-9610

October 21, 2013 6C-4

ATTACHMENT 1

Aerial Map

LKQ site

Current Gas Lease

October 21, 2013 6C-5

ATTACHMENT 2 Apello Addition Final Plat

October 21, 2013 7A-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: City Manager’s Office Date: October 21, 2013 Subject: Continuation of Discussion Agenda Items from Work Session. Council Action Requested: No action requested. This item is intended for reporting and/or general discussion only

of discussion items discussed from Work Session. Any materials related to these items

will be disseminated at the meeting.

Background Information: Board/Citizen Input: Financial Considerations: Attachments: Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

October 21, 2013 7B-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: City Manager’s Office Date: October 21, 2013 Subject: City Council Committees. Council Action Requested: This item is intended for reporting and/ or general discussion only.

Background Information: This is a standing agenda item of every regular meeting of the Council so that Staff and

Council Committee Members may make a report to the full body of the City Council.

The City Council has established committees of the Council that meet from time-to-time

to consider recommendations to forward to the full body of the City Council regarding

business of the City. Meetings of Council Committees are public meetings posted as

required by the Texas Open Meetings Act.

The committees are as follows:

• Appointments & Council Policies Committee • Community & Intergovernmental Relations Committee • Community Services Committee • Finance & Internal Services Committee • Governance & Stewardship Committee • Infrastructure & Development Committee • Public Safety & Court Committee

Please refer to attached agendas for specific meeting topics. Board/Citizen Input: N/A Financial Considerations: N/A Attachments: N/A

Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

October 21, 2013 8A-1

Memorandum To: Honorable Mayor Shetter and members of the Burleson City Council From: City Manager’s Office Date: October 21, 2013 Subject: Executive Session. Council Action Requested:

Background Information: The City Council reserves the right to convene in Executive Session(s) during this

meeting pursuant to the following Sections of the Government Code of the State of

Texas: 1. Pursuant to Sec. 551.071(1)a, (1)b, and (2), consultation with its Attorney: The City Council

may conduct private consultations with its attorneys when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. This consultation includes, but is not limited to, the following:

• Southwestern Bell Telephone Company, et al v. City of Burleson, Cause No. C-2012-00205.

• Joseph Van Velzor vs. City of Burleson, Civil Action No. 3:12-cv-2508. • Petition for release of property; Petitioner, Alejandro Chinchilla, owner of Silver

Pneumatic Semi-Trailer; Cause No. C201200638. • Claims against the City • Seek advice of city attorney on legal issues related to:

1. Creative or innovative housing programs. 2. Interpretation of Old Town Historic zoning district and ordinance 3. Cemetery options 4. Election communication 5. Interpretation of zoning ordinance.

2. Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease, or value of real property. • Right of way acquisition for roadway, trails and utility line extension. • Purchase or lease of property for municipal Park use. • Purchase, lease, exchange or value of municipal property.

October 21, 2013 8A-2

3. Pursuant to Sec. 551.073, deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body.

4. Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation, and duties of the City Attorney and City Manager.

5. Pursuant to Sec. 551.076, deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit.

6. Pursuant to Sec. 551.087, deliberation regarding Economic Development Negotiations including: (1) discussion or deliberation regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations.

7. Pursuant to Sec. 418.0183(f), deliberation of information related to managing emergencies

and disasters including those caused by terroristic acts; must be tape recorded. Board/Citizen Input: Financial Considerations: Attachments: Staff Contact: City Manager’s Office 817-426-9680 City Secretary’s Office 817-426-9661

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Burleson, TX