The URL can be used to link to this page

Home My WebLink About05-18-15 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 4 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA May 18, 2015 3 VILLAGE CIRCLE, SUITE 202 2ND FLOOR, COUNCIL CHAMBER WESTLAKE, TX 76262 Workshop Session: 6:30 p.m. Regular Session: 7:00 p.m. Page 2 of 4 Work Session 1. CALL TO ORDER 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE MAY 18, 2015 , TOWN COUNCIL REGULAR MEETING AGENDA. (10 min) 3. DISCUSSION ITEMS a. Discussion of the naming policies for Town owned facilities and guidelines from the Arts & Sciences Project. (30 min) b. Standing Item: Update and discussion regarding the Granada Development. c. Standing Item: Update and discussion regarding the Entrada Development. 4. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) 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 (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pendi ng or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 d. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites 5. RECONVENE MEETING 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 7. COUNCIL RECAP / STAFF DIRECTION 8. ADJOURNMENT Page 3 of 4 Regular Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 3. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the April 27, 2015, meeting. b. Consider approval of Resolution 1 5-11, Appointments to Westlake Academy Foundation. c. Consider approval of Ordinance 749, Approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division Regarding the Company’s 2014 and 2015 Rate Review Mechanism Filings. 4. CONDUCT A PUBLIC HEARING AND CONSIDER RESOLUTION 15-12, A PRELIMINARY PLAT OF THE PROPERTY ADDRESSED AS 1480 DOVE ROAD, DIVIDING THE EXISTING LOT INTO EIGHT (8) RESIDENTIAL LOTS THAT ARE ALL ONE-ACRE OR MORE IN SIZE. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) 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 (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners - Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter Page 4 of 4 including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 d. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites. 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. 9. COUNCIL CALENDAR 10. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, May 13, 2015, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the April 27, 2015, meeting. b. Consider approval of Resolution 15-11, Appointments to Westlake Academy Foundation. c. Consider approval of Ordinance 749, Approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division Regarding the Company’s 2014 and 2015 Rate Review Mechanism Filings. Town of Westlake Item # 2 – Review of Consent Agenda Items DISCUSSION ITEMS a. Discussion of the naming policies for Town owned facilities and guidelines from the Arts & Sciences Project. (30 min) b. Standing Item: Update and discussion regarding the Granada Development. c. Standing Item: Update and discussion regarding the Entrada Development. Town of Westlake Item # 3 – Discussion Items estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, May 18, 2015 TOPIC: Discussion of the naming policies for Town owned facilities and guidelines from the Arts & Sciences Project STAFF CONTACT: Amanda DeGan, Assistant Town Manager Troy Meyer, Director of Facilities and Parks/Recreation Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: May 18, 2015 Completion Date: N/A Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The Town currently has a policy as it relates to the naming of town owned facilities and parks that was approved in 2009. The purpose of the plan was to “establish the proper procedures to recognize the dedication, accomplishment or generosity of individuals and entities whose support is a valuable and integral component of the mission of the Town of Westlake and, by extension, Westlake Academy.” A separate set of guidelines were approved in 2008 during the building of the Arts & Sciences building project. This resolution provides guidance as to the monetary donations for naming items such as a black box theater, art classroom, science wing, conference room, etc. Both resolutions approving the policy and guidelines are included in the packet for Council review. This item is placed on the agenda for review and possible update at the request of the Council during the meeting in April. RECOMMENDATION Staff recommends discussion and update as applicable. ATTACHMENTS Resolution 09-02 – Naming of Town Owned Facilities & Parks Resolution 08-32 – Arts & Sciences Project Naming Guidelines TOWN OF WESTLAKE RESOLUTION NO. 08-32 APPROVING THE ACCEPTANCE OF A GENEROUS GIFT TO ASSIST THE FUNDING OF THE CONSTRUCTION OF THE NEW WESTLAKE ACADEMY ARTS SCIENCES CENTER BUILDING PROJECT, APPROVING THE APPLICATION OF THE GIFT TOWARDS THE ARTS PORTION OF THE ARTS & SCIENCES BUILDING PROJECT, APPROVING THE NAMING OF A PORTION OF THE ARTS & SCIENCES BUILDING PROJECT, AUTHORIZING THE INTERIM USE OF THE WESTLAKE ACADEMY FOUNDATION NAMING GUIDELINES FOR THE ARTS & SCIENCES BUILDING PROJECT, AND DIRECTING THE TOWN MANAGER TO PREPARE A DRAFT POLICY FOR NAMING OF ALL TOWN FACILITIES FOR THE BOARD'S CONSIDERATION. WHEREAS, the Town of Westlake will be constructing a new Arts & Sciences Building at its Westlake Academy campus; and WHEREAS, the Town of Westlake desires to encourage broad community support and involvement in this project through utilization of private donations, gifts, and other private funding sources to enhance this project, as well as ensure its success via the use of a public/private partnerships, and WHEREAS, an anonymous donor has come forward and expressed a desire to provide a generous gift for this project; and WHEREAS, the Board of Aldermen finds that acceptance of this generous gift for this project is in the best interests of the Town of Westlake and its citizens; and WHEREAS, in addition to accepting this generous gift, the Board of Aldermen desires to approve naming rights for a portion of this project and provide direction to the Town Manager regarding an interim and permanent Town facilities naming policy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE TOWN OF WESTLAKE, TEXAS: SECTION 1. THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. THAT, the Board of Aldermen (the Board) of the Town of Westlake, Texas, hereby accepts a generous gift of $500,000.00 to the Town from a donor wishing to remain anonymous to the extent allowed by law and while respecting the donor's wishes to remain anonymous, the Board acknowledges the desire of this donor to apply these funds to the Arts portion of the planned Arts & Sciences Building at Westlake Academy, and hereby approves the application of the funds to the construction of the Arts portion of the planned Arts Sciences Building. SECTION 3. THAT.. the Board hereby decrees that the portion of the Arts & Sciences Building currently referred to as Black Box shall be named the "Sam W. Lee Theatre" in memory, honor and recognition of Sam. W. Lee, who was a loyal, generous, honorable and supportive citizen of the Town of Westlake for almost thirty years. SECTION 4. THAT, the Board hereby approves the Westlake Academy Foundation naming guidelines (attached as Exhibit A) as an interim Town policy for the Arts & Sciences Building Project, and directs the Town Manager to research, draft and present to the Board for its consideration a proposed policy for the naming of all Town facilities. PASSED AND APPROVED ON THIS DAY OF MAY 2008. M - / -4& Lau L. 'Wheat, Mayor ATTEST: i Sutter TRMC. Town Secretary Tom 010 Manager APPROVED AS TO F 2 7: L. an on f. rvn rney RESO 08-32 EXHIBIT A The Westlake Academy Foundation would like to propose the following naming opportunities and guidelines to the Board of Alderman. Proposed Naming Opportunities for the Arts and Sciences Center: Arts& Sciences Center Complex Naming Rights 1,000,000 Black Box Theater 500,000 Sciences Wing 500,000 Art Classroom 300,000 Commons Area 250,000 Science Laboratory (2) 100,000 each Science Classroom 50,000 Conference Room 50,000 Offices (6) for Staff 25,000 each Other naming opportunities such as brick pavers, seats in the theater will arise depending on what alternatives are chosen. These additional naming opportunities will be presented to the Board of Aldermen at such time. Guidelines for consideration in regards to all naming opportunities now and in the future: 1. All Naming Opportunities and amounts M11 be presented for approval and acceptance by the Board of Alderman. 2. Donors can specify another name other than their own. For example, their familyfoundationorinhonorofsomeoneelse. TOWN OF WESTLAKE RESOLUTION NO. 09-02 APPROVING THE NAMING POLICY FOR TOWN OWNED FACILITIES, RECREATION AREAS AND SPORTS FIELDS, HIKE AND BIKE TRAILS AND/OR MUNICIPAL BUILDINGS, ETC.; PROVIDING GUIDELINES AND CRITERIA FOR THE SUBMISSION OF INDIVIDUALS OR NAMES FOR CONSIDERATION. WHEREAS, the Mayor and Town Council desires to encourage broad community support. enhancement and. involvement in the Town and Acaderny through private donations, gifts and other private funding sources-, and WHEREAS, to ensure that recognition is afforded to those who have made extraordinary commitments, donations and achievements on behalf of the Town and/or Academy; and WHEREAS, the need arose to provide a uniform policy for submitting naming requests to the Town Council for consideration, and WHEREAS, We have developed a policy, attached as Exhibit "A",. establishing the guidelines for name submission, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Resolution above are found to be true and correct and are incorporated herein by reference as copied in then-entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the Policy for the Naming of Town Owned Facilities and Parks (Exhibit "A"). PASSED AND APPROVED ON THIS 12 DAY OF JANUARY 2009. ATTEST:Z-e Laura Wheat, Mayor Kkm Sutter, Town. Secretary Thomas vi er, Town Manager APPROVE AS TO,EORM- L.'SG6n Lk ow. ,Attorney Standing Item: Update and discussion regarding the Granada Development. Town of Westlake Item # 3b – No Supporting documentation Standing Item: Update and discussion regarding the Entrada Development. Town of Westlake Item # 3c – No Supporting documentation EXECUTIVE SESSION a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) 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 (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 d. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites. Town of Westlake Item # 4 – Executive Session Town of Westlake Item # 5– Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) 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 (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 d. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites Town of Westlake Item # 6 – Take any Necessary Action, if necessary COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #7 Council Recap / Staff Direction Town of Westlake Item # 8 – Workshop Adjournment CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town of Westlake Item # 2 – Citizen’s Presentations and recognitions CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the April 27, 2015, meeting. b. Consider approval of Resolution 15-11, Appointments to Westlake Academy Foundation. c. Consider approval of Ordinance 749, Approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division Regarding the Company’s 2014 and 2015 Rate Review Mechanism Filings. Town of Westlake Item # 3 – Consent Agenda Town Council Minutes 04/27 /15 Page 1 of 5 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING April 27, 2015 PRESENT: Mayor Laura Wheat and Council Members, Carol Langdon, Rick Rennhack and Wayne Stoltenberg. ABSENT: Michael Barrett and Alesa Belvedere OTHERS PRESENT: Town Secretary Kelly Edwards, Town Attorney L. Stanton Lowry, Assistant Town Manager Amanda DeGan, Fire Chief Richard Whitten, Planning and Development Director Eddie Edwards, Director of Public Works Jarrod Greenwood, Finance Director Debbie Piper, Director of Facilities and Parks & Recreation Troy Meyer, Jason Power Director of Information Technology, Communications & Community Affairs Director Ginger Awtry, Director of Human Resources & Administration Services Todd Wood, and Susan McFarland, Communications Specialist. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:28 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE APRIL 27, 2015, TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. Town Council Minutes 04/27 /15 Page 2 of 5 4. REPORTS a. Accepting a Donation to the Fire Station. 5. DISCUSSION ITEMS a. Presentation and discussion of 1st and 2nd Quarter Performance Measures and 2nd Quarter Financial Dashboard as well as Capital Projects for the Quarter ending March 31, 2015. Assistant Town Manager DeGan provided a presentation an overview of the Performance Measures. Discussion ensued regarding academy recruiting, categorization of regrettable losses, municipal staff survey results, Capital Improvement Projects, timing of student withdrawals and the Leavers Report. b. Standing Item: Update and discussion regarding the Granada Development. Town Manager Brymer, Director Greenwood, and Director Edwards provided an overview of the subdivision. Director Edwards stated that seventeen (17) home plans have been submitted, seven (7) homes have been permitted, landscaping scheduled to be completed over the next five (5) weeks weather permitting, sidewalk connection to Glenwyck would be completed soon and Phase 2 could start within six (6) months. c. Standing Item: Update and discussion regarding the Entrada Development. Town Manager Brymer provided an overview regarding weekly project meetings, discussions with two proposed builders for the residential buildings, Trophy Club waterline which has been relocated, engineering firms, Public Improvement District (PID) expense draws/invoices. Discussion ensued regarding the color scheme transition of Solana and Entrada developments, and E.B. 5 Funding. 6. EXECUTIVE SESSION The Council convened into executive session at 6:37 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that Town Council Minutes 04/27 /15 Page 3 of 5 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 (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 7:10 p.m. 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 9. COUNCIL RECAP / STAFF DIRECTION Review of Dashboard suggestions. Continue working with Entrada developers ensuring design standards. 10. ADJOURNMENT Mayor Wheat adjourned the work session at 7:11 p.m. Regular Session 1. CALL TO ORDER Mayor called the regular session to order at 7:11 p.m. Town Council Minutes 04/27 /15 Page 4 of 5 2. CITIZEN PRESENTATIONS AND RECOGNITIONS Mayor Wheat announced the dates for National Day of Prayer and Arbor Day. 3. CONSENT AGENDA a. Consider approval of the minutes from the March 23, 2015, joint meeting. b. Consider approval of the minutes from the March 30, 2015, meeting. c. Consider approval of Resolution 15-10, Accepting unsolicited materials to be used for the repairs and reconstruction of the Fire and Medical Emergency Services department temporary station at 2900 Dove Road. MOTION: Council Member Stoltenberg made a motion to approve consent agenda. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. 4. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) 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 (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners - Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 5. RECONVENE MEETING Town Council Minutes 04/27 /15 Page 5 of 5 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 7. FUTURE AGENDA ITEMS Council Member Rennhack – Discussion of the Parker County Hospital District (PCHD) Nolan Queen Lifecare Station 4. - Council Member Rennhack provided an overview of his request. The Council agreed that this item should be discussed after the Town has purchased land. - Council Member Rennhack – Discussion of Town Council’s facilities naming policy, naming of Westlake Academy facilities, including naming in honor of former founding Head of School. Council Member Rennhack provided an overview of his request. Council Member Stoltenberg seconded his request to review and discuss the current policy. 8. COUNCIL CALENDAR Town Manager Brymer provided an overview of the calendar. 9. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 7:21 p.m. APPROVED BY THE TOWN COUNCIL ON MAY 18, 2015. ATTEST: _____________________________ Laura Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, May 18, 2015 TOPIC: Consider approval of a Resolution appointing two (2) members to the Westlake Academy Foundation board. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Education - Westlake is an international educational leader where each individual's potential is maximized. Increase CSS Satisfaction Strategic Initiative Comprehensive Plan Project Review Time Line - Start Date: May 7, 2015 Completion Date: May 18, 2015 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The Town received applications from the Foundation requesting approval of Wendy Greenwood and Deanna Titzler to be appointed to the board. Current view of the board members: Westlake Academy Foundation (7 to 15 members Res 14-27 3-yr stag terms) Member New Term Expires Ken Gordon June-15 Deanna Titzler Jun-18 Vacant June-15 Leah Rennhack June-15 Reappointment - June Bill Greenwood June-15 Wendy Greenwood Jun-18 Andy Sedino June-15 Reappointment - June Karen Stoltenberg June-16 Vacant June-16 Andrew Grieser June-16 Kevin Hansen June-16 Deborah Kraska June-16 Zan Jones June-17 Sean Shope June-17 Jeff Watson June-17 Vacant - K Cox June-17 Vacant June-17 Vacant - R Neidich June-17 RECOMMENDATION The Foundation recommends approval of this resolution to appoint two (2) new members to its Board of Directors. ATTACHMENTS Applications Resolution APPLICATION FOR APPOINTMENT This application and its contents is a Public Record Town of Westlake *3 Village Circle,Suite 202 *Westlake Tx 76262 Tel:(817)430-0941 *Fax (817)430-1812 www.westlake-tx.org Email:townhall@westlake-tx.org __Economic Development Corporation __Historical Preservation Society :Planning and Zoning Commission _Texas Student Housing Authority ‐Tree City USA Advisory Committee I:Public Art Society of Westlake Westlake Academy Foundation Board I:Other: Applicant Information Applicant's Name:Deanna W Titzler Address: City,State,Zip: How Long Have You Lived At This Address?7.5 years Email Address: Home Phone #2 Fax #: Work Phone #:Cell #: Occupation,Experience/Degrees held:Currently seeking employment.Previously, served as president ofassociationin India and as project manager at Lockheed Martin. Degrees:MA,Communication &Leadership Studies;BBA,Business-Journalism Why do you want to serve on this committee?I am a big supporter of the WA Foundation and the services it provides to the students at Westlake Academy.I want to play a role in how the funds are allocated to the school. Do you have any political conﬂicts of interest?N/A Do you have any related experience?Past experience developing strategy and goals for N60.Fundraising experience as coordinator of employee giving campaigns at Lockheed Martin for 5+years.(resume attached)2015 WAF Gallery Night volunteer What doyou feel you have to offer this committee?I can provide perspectiveas a new parent at Westlake Academy.There has been an inﬂux of new families.I can help craft the messages to these families so they understand the importance of the WAF. Signature of Applicant:M)m t \D Dated:MM CA Received By:Date: Application forAppointment 04/2010 This application and its contents is a Public Record Economic Development Corporation Historical Preservation Society Planning and Zoning Commission Texas Student Housing Authority Tree City USA Advisory Committee Public Art Society of Westlake Westlake Academy Foundation Board Other: ____________________________ Applicant's Name: Address: City, State, Zip: How Long Have You Lived At This Address? Email Address: Home Phone # :Fax # : Work Phone # :Cell # : Occupation, Experience/Degrees held: Why do you want to serve on this committee? Do you have any political conflicts of interest? Do you have any related experience? What do you feel you have to offer this committee? Signature of Applicant: Dated: Received By:Date: Applicant Information Office Use Only Application for Appointment 04/2010 APPLICATION FOR APPOINTMENT Town of Westlake * 3 Village Circle, Suite 202 * Westlake Tx 76262 Tel: (817) 430-0941 * Fax (817) 430-1812 Position Sought (please indicate 1st, 2nd and 3rd choice): www.westlake-tx.org Email: townhall@westlake-tx.org 4 Wendy Greenwood 3 years Part-time Administration Assistant at WA for two years however will not be returning next school year in order to pursue more volunteer-like opportunities. Prior to working at WA held key volunteer positions on various school and community boards and committees (see attached resume). Vanderbilt University BA. Former Marketing/Advertising executive (see attached resume). Working together with others to help overcome challenges and create value for WA and the community of students, parents and faculty. Also believe my background of professional marketing and communication experience combined with extensive volunteering at Las Colinas Elementary IB World School and volunteer/work experience at WA could serve WAF in a unique way. No WA HOC board member - 2 years, Las Colinas PTA board member - 3 years, Gallery Night Committee volunteer - 2 years, Hackberry Creek Women's Club board member - Communications Chair 3 years Professional experience - Professionally trained in the communications field for 10 years developing communications/marketing plans for clients. Team-oriented, open minded, creative approach combined with a strong work ethic. Unique perspective having been a WA employee, volunteer and parent. Professional experience holding many high-ranking positions at advertising agencies gaining valuable exposure to the development and execution of Corporate Marketing and Communication strategies. 4/9/15 Wendy Greenwood Resolution 15-11 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 15-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING TWO MEMBERS TO THE WESTLAKE ACADEMY FOUNDATION BOARD. WHEREAS, Currently, vacancies exist on the Westlake Academy Foundation board; and WHEREAS, the Town Council has received applications for consideration of appointment; and WHEREAS, the meeting at which this Resolution was considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake does hereby appoint the following individuals to serve as members of the Westlake Academy Foundation board for the term noted below : Wendy Greenwood – expiring June 2018 Deanna Titzler – expiring June 2018 SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-11 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18th DAY OF MAY 2015. ___________________________________ Laura Wheat, Mayor ATTEST: ____________________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________________ L. Stanton Lowry, Town Attorney estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, May 18, 2015 TOPIC: Consideration of an Ordinance Approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corporation, Mid-Tex Division regarding the Company’s 2014 and 2015 Rate Review Mechanism (RRM) Filings; Approving a Settlement Agreement with Attached Rate Tariffs and Proof of Revenues and Other Documents Connected to these Rate Proceedings.. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high -quality community that is distinguished by exemplary design standards. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: May 18, 2015 Completion Date: May 18, 2015 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) Previously the Atmos Cities Steering Committee (ACSC) and Atmos (the Company) had worked collaboratively to develop a new Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and the RRM established rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division. The RRM Tariff was in effect for four (4) years when the ACSC Cities and Atmos Mid-Tex entered into another settlement agreement and revised the RRM Tariff on the amount of the rate increases to be in effect for the RRM Tariff filings for 2012 and 2013. However, the ACSC Cities and Atmos Mid-Tex were unable to reach an agreement on the 2014 RRM Tariff filing, resulting in the ACSC Cities’ rejection of the 2014 RRM filing. Atmos Mid- Tex appealed the ACSC Cities’ actions rejecting its 2014 RRM filing to the Railroad Commission of Texas (“Commission”), pursuant to the provisions of the RRM Tariff and Atmos Mid-Tex and ACSC litigated the appeal of the 2014 RRM filing at the Commission. Note: the Westlake Town Council passed a resolution May 19, 2014 denying Atmos’ 2014 rate increase request. On February 27, 2015, Atmos Mid-Tex filed its 2015 RRM Tariff filing, requesting to increase natural gas base rates system-wide by $28.762 million. The ACSC coordinated its review of Atmos Mid -Tex RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing. Atmos Mid-Tex has now agreed to withdraw its appeal of ACSC’s rejection of its 2014 RRM Tariff rate increase and the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve the attached Settlement Agreement (Attachment A to this Ordinance) as well as the tariffs attached thereto, resolving both the 2014 and the 2015 RRM Tariff filings, which together will increase the Company’s revenues by $65.7 million over the amount allowed under City- approved rates set in 2013. Further detail is contained in the attached Staff Report. Most municipalities have retained original jurisdiction over gas utility rates and services within their corporate limits. The Atmos Cities Steering Committee ("ACSC") is composed of municipalities, including Westlake, in the service area of Atmos Energy Corporation, Mid-Tex Division regardless of whether original jurisdiction has been retained. Atmos is a monopoly public utility provider of natural gas. Because Atmos has no competitors, regulation of the rates it charges its customers in the only way that cities can insure that natural gas rates are equitable and competitive. Working as a coalition, via the Atmos Cities Steering Committee, to review the rates charged by Atmos allows cit ies to accomplish more collectively than each city could do acting alone. Cities have more than 100 years’ experience in regulating natural gas rates in Texas. See attached Staff Report for background on this particular Atmos rate case. Staff recommends approval of this ordinance establishing this “RRM Rate” mechanism RECOMMENDATION Approve this ordinance. ATTACHMENTS 1. Staff Report 2.) Ordinance Adopting RRM Tariff 3.) Attachment “A” to Ordinance- RRM Rate Schedule 4762773.1 1 MODEL STAFF REPORT The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). The RRM Tariff was adopted by the City as an alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that allows Atmos to bypass the City’s rate regulatory authority to increase its rates annually to recover capital investments. In February 2014, Atmos Mid-Tex filed its second annual filing under the Rate Review Mechanism (“RRM”) Tariff, seeking an increase of $45.7 million. Although ACSC attempted to reach a settlement with the Company as it had in past years, the wide differences between the Company and ACSC’s consultants’ recommendations made a compromise impossible. On the recommendation of the ACSC Executive Committee and ACSC’s legal counsel, the City in 2014 adopted a Resolution denying the requested rate increase. The Company appealed the City’s denial to the Railroad Commission of Texas (“Commission”), and revised its requested increase to $43.8 million. A hearing was held on the Company’s appeal on September 3, 2014. On April 28, 2015, the Commission’s Hearings Examiner issued his Proposal for Decision (“PFD”) in the Company’s appeal of the City’s denial of the 2014 RRM rate increase. This PFD was not favorable to ACSC, but did recommend a reduction of approximately $860,000 to the Company’s adjusted 2014 filing. While the parties were waiting for the PFD from the Hearings Examiner in the appeal of the 2014 RRM filing, on February 27, 2015, Atmos Mid-Tex filed with the City another rate increase request under the RRM Tariff, seeking additional revenues in the amount of $28.762 million (total system) or $24.0 million (affected cities). The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its 2015 request to increase rates. The Ordinance and attached Settlement Agreement and tariffs are the result of negotiation between the Mid-Tex Executive Committee and the Company to resolve issues raised by ACSC during the review and evaluation of Atmos Mid-Tex’s filing. The recommended Settlement Agreement also requires Atmos to abate its appeal of the City’s rejection of the 2014 RRM rate increase pending approval by all ACSC cities of the Settlement Agreement. The Agreement requires Atmos to give the City the benefit of the adjustments to the 2014 rate increase recommended by the PFD. The Ordinance and Settlement tariffs approve rates that will increase the Company’s revenues by $65.7 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, 2015. The monthly residential customer charge will be $18.60. The consumption charge will change from $0.08819 per Ccf to $0.09931 per Ccf. The monthly bill impact for the typical residential customer consuming 60 Ccf will be an increase of $1.14 (about a 1.59% increase in the base bill). The typical commercial customer will see an increase of $2.69 or 0.96%. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all Cities adopt the Ordinance approving the negotiated Settlement Agreement resolving both the 2014 and the 2015 RRM filings, and 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 4762773.1 2 2013, the City adopted a renewed RRM tariff for an additional five years. This is the third RRM filing under the renewed 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 its 2015 case under the GRIP provisions, it would have received additional revenues from ratepayers of approximately $10 million. Purpose of the Ordinance: The purpose of the Ordinance is to approve the Settlement Agreement and the resulting rate change under the RRM tariff. As a result of the negotiations, the Executive Committee was able to reduce the Company’s requested $28.8 million rate increase for Mid-Tex cities to $21,962,784. When added to the settlement of the 2014 RRM filing and the adjustments recommended by the PFD, the Company will receive total additional annual revenues of $65.7 million. Because the 2014 rates have been in effect since June 1, 2014, the increase to currently-billed rates is $21 million. Approval of the Ordinance will result in rates that implement an increase in Atmos Mid-Tex’s revenues effective June 1, 2015. Why Approve the Settlement Agreement: While it is annoying and disconcerting to annually consider rate adjustments from Atmos Mid-Tex, the Texas legislature has granted gas utilities the right, through the GRIP process, to an annual increase based on increases in invested capital. GRIP is piecemeal ratemaking and ignores increases in revenues and declines in O&M expenses that may be associated with plant additions. ACSC found it preferable to negotiate with Atmos to substitute an expedited comprehensive review process that includes consideration of revenues and expenses as well as invested capital for the GRIP process. Compelling reasons for approving the Settlement include: 1. While the 2015 RRM system-wide filing exceeded $28 million, a comparable GRIP filing would have been in excess of $38 million. ACSC has negotiated a reduction to the 2015 filing of approximately $6 million. Therefore, the 2015 RRM result is approximately $16 million better for ratepayers within municipal limits than ratepayers within Environs. 2. ACSC counsel is convinced that the Proposal for Decision (“PFD”) by Railroad Commission Examiners in the 2014 RRM appeal will not improve if we file Exceptions and Replies to Exceptions. Counsel recommends action to avoid the PFD becoming a final order that would serve as precedent in future rate proceedings. 3. The token benefit to ratepayers authorized in the PFD to the 2014 appeal has been incorporated into the Settlement Agreement. 4. Atmos will file its formal withdrawal of its 2014 appeal only after all ACSC members approve the Settlement Agreement. 4762773.1 3 5. The alternative to approval of the Settlement Agreement would be another contested case hearing on appeal of the 2015 filing, implementation of interim rates on June 1, 2015 at the full value of the Company’s request (or $6 million higher than proposed by the Settlement) and continuation of the 2014 appeal with resulting rate case expenses borne by ratepayers. Explanation of “Be It Ordained” Sections: 1. This section approves all findings in the Ordinance. 2. This section finds the Settlement Agreement (attached to the Ordinance) to be a comprehensive settlement of gas utility rate issues arising from Atmos Mid-Tex’s 2014 and 2015 RRM filings, and that such settlement is in the public interest and consistent with the City’s statutory authority. 3. This section finds the existing Atmos Mid-Tex rates to be unreasonable, and approves the new tariffed rates providing for additional revenues over currently-billed rates of $21 million and adopts the attached new rate tariffs. 4. This section establishes the baseline for pensions and other post-employment benefits for future rate cases. 5. This section renews the Atmos Mid-Tex RRM Tariff for an additional period of time, commencing with the filing to be made on March 1, 2016, and continuing until the RRM Tariff is suspended by ordinance of the City. 6. This section requires the Company to reimburse Cities for reasonable ratemaking costs associated with reviewing and processing the RRM filing. 7. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 8. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 9. 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. 10. This section provides for an effective date upon passage which, according to the Cities’ ordinance that adopted the RRM process, is June 1, 2015. 11. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for the Steering Committee. Ordinance 749 Page 1 of 4 ORDINANCE NO. 749 AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2014 AND 2015 RATE REVIEW MECHANISM FILINGS; APPROVING A SETTLEMENT AGREEMENT WITH ATTACHED RATE TARIFFS AND PROOF OF REVENUES; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the Town of Westlake, Texas (“City”) is a gas utility customer of Atmos Energy Co rp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates and charges of Atmos; and WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the initial RRM Tariff was in effect for four (4) years; and WHEREAS, ACSC Cities and Atmos Mid-Tex entered into another settlement agreement and revised the RRM Tariff; and WHEREAS, ACSC Cities and Atmos Mid-Tex compromised and reached agreements on the amount of the rate increases to be in effect for the RRM Tariff filings for 2012 and 2013; and WHEREAS, ACSC Cities and Atmos Mid-Tex were unable to reach an agreement on the 2014 RRM Tariff filing, resulting in the ACSC Cities’ rejection of the 2014 RRM filing; and Ordinance 749 Page 2 of 4 WHEREAS, Atmos Mid-Tex appealed the ACSC Cities’ actions rejecting its 2014 RRM filing to the Railroad Commission of Texas (“Commission”), pursuant to the provisions of the RRM Tariff; and WHEREAS, Atmos Mid-Tex and ACSC litigated the appeal of the 2014 RRM filing at the Commission; and WHEREAS, on February 27, 2015, Atmos Mid-Tex filed its 2015 RRM Tariff filing, requesting to increase natural gas base rates system-wide by $28.762 million; and WHEREAS, ACSC coordinated its review of Atmos Mid-Tex RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing ; and WHEREAS, Atmos Mid-Tex has agreed to withdraw its appeal of ACSC’s rejection of its 2014 RRM Tariff rate increase; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve the attached Settlement Agreement (Attachment A to this Ordinance) as well as the tariffs attached thereto, resolving both the 2014 and the 2015 RRM Tariff filings, which together will increase the Company’s revenues by $65.7 million over the amount allowed under City-approved rates set in 2013; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated Settlement Agreement and are just, reasonable, and in the public interest ; and WHEREAS, the RRM Tariff should be renewed for a period of time commencing in 2016 and continuing until the RRM Tariff is suspended by ordinance of the City; and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the findings set forth in this Ordinance are hereby in all things approved. SECTION 2: That the City Council finds that the Settlement Agreement (Attachment A to this Ordinance) represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid -Tex’s 2014 and 2015 RRM filings, is in the public interest , and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. SECTION 3: That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment C, are Ordinance 749 Page 3 of 4 just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $65.7 million in revenue over the amount allowed under currently approved rates, or $21 million over currently-billed rates, as shown in the Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are hereby adopted. SECTION 4: That the ratemaking treatment for pensions and other post-employment benefits in Atmos’ next RRM filing shall be as set forth on Attachment D, attached hereto and incorporated herein. SECTION 5: That in an effort to streamline the regulatory review process, the Atmos Mid-Tex RRM Tariff is renewed for a period commencing with the Company’s March 1, 2016 RRM filing for calendar year 2015, effective June 1, 2016, and continuing thereafter until such time as the City adopts an ordinance suspending operation of the RRM Tariff. SECTION 6: That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s RRM applicat ion. SECTION 7: That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. SECTION 8: That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 9: That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 10: That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after June 1, 2015. Ordinance 749 Page 4 of 4 SECTION 11: That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED ON THIS 18th DAY OF MAY 2015. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 1 SETTLEMENTAGREEMENTBETWEENATMOSENERGYCORP.,MID-TEX DIVISIONANDATMOSCITIESSTEERINGCOMMITTEE WHEREAS,thisagreement(“SettlementAgreement”)isenteredintobyAtmos EnergyCorp’sMid-TexDivisionandAtmosCitiesSteeringCommittee(“ACSC”)whose membersincludetheCitiesofAbilene,Addison,Allen,Alvarado,Angus,Anna,Argyle, Arlington,Aubrey,Bedford,Bellmead,Benbrook,BeverlyHills,Blossom,BlueRidge,Bowie, Boyd,Bridgeport,Brownwood,Buffalo,Burkburnett,Burleson,CaddoMills,Canton, Carrollton,CedarHill,Celeste,Celina,Centerville,Cisco,Clarksville,Cleburne,Clyde,College Station,Colleyville,ColoradoCity,Comanche,Commerce,Coolidge,Coppell,CopperasCove, Corinth,CorralCity,Crandall,Crowley,DalworthingtonGardens,Denison,DeSoto, Duncanville,Eastland,EdgecliffVillage,Emory,Ennis,Euless,Everman,Fairview,Farmers Branch,Farmersville,Fate,FlowerMound,ForestHill,FortWorth,Frisco,Frost,Gainesville, Garland,Garrett,GrandPrairie,Grapevine,Gunter,HaltomCity,HarkerHeights,Haskell, Haslet,Hewitt,HighlandPark,HighlandVillage,HoneyGrove,Hurst,Hutto,IowaPark,Irving, Justin,Kaufman,Keene,Keller,Kemp,Kennedale,Kerens,Kerrville,Killeen,Krum,Lake Worth,Lakeside,Lancaster,Lewisville,LincolnPark,LittleElm,Lorena,Madisonville, Malakoff,Mansfield,McKinney,Melissa,Mesquite,Midlothian,Murphy,Newark,Nocona, NorthRichlandHills,Northlake,Oakleaf,Ovilla,Palestine,Pantego,Paris,Parker,PecanHill, Petrolia,Plano,Ponder,Pottsboro,Prosper,Quitman,RedOak,Reno(ParkerCounty), Richardson,Richland,RichlandHills,Roanoke,Robinson,Rockwall,Roscoe,Rowlett,Royse City,Sachse,Saginaw,SansomPark,Seagoville,Sherman,Snyder,Southlake,Springtown, Stamford,Stephenville,SulphurSprings,Sweetwater,Temple,Terrell,TheColony,Trophy Club,Tyler,UniversityPark,Venus,Vernon,Waco,Watauga,Waxahachie,Westlake,White Settlement,Whitesboro,WichitaFalls,Woodway,andWylie. WHEREAS,onFebruary28,2014,AtmosfiledwiththeACSCCitiesanapplication, hereinafterreferredtoasthe2014RRMfiling,toadjustratespursuanttoRiderRRM-Rate ReviewMechanism,whichweresubsequentlyconsolidatedintoGUDNo.10359attheRailroad CommissionofTexas;and WHEREAS,onFebruary27,2015,AtmosfiledwiththeACSCCitiesanapplication, hereinafterreferredtoasthe2015RRMfiling,toadjustratespursuanttoRiderRRM-Rate ReviewMechanism;and WHEREAS,theSettlementAgreementresolvesallissuesbetweenAtmosandACSC (“theSignatories”)regardingthe2014RRMfiling,whichiscurrentlypendingbeforethe Commission,andthe2015RRMfiling,whichiscurrentlypendingbeforetheACSCCities,ina mannerthattheSignatoriesbelieveisconsistentwiththepublicinterest,andtheSignatories representdiverseinterests;and WHEREAS,theSignatoriesbelievethattheresolutionoftheissuesraisedinthe2014 RRMfilingandthe2015RRMfilingcanbestbeaccomplishedbyeachACSCCityapproving thisSettlementAgreementandtherates,termsandconditionsreflectedinthetariffsattachedto thisSettlementAgreementasExhibitA; NOW,THEREFORE,inconsiderationofthemutualagreementsandcovenants establishedherein,theSignatories,throughtheirundersignedrepresentatives,agreetothe Attachment A 2 followingSettlementTermsasameansoffullyresolvingallissuesbetweenAtmosandthe ACSCCitiesinvolvingthe2014RRMfilingand2015RRMfiling: SettlementTerms 1.UpontheexecutionofthisSettlementAgreement,theACSCCitieswillapprovean ordinanceorresolutiontoapprovetheSettlementAgreementandimplementtherates, termsandconditionsreflectedinthetariffsattachedtotheSettlementAgreementas ExhibitA.(AttachmentAtotheOrdinanceratifyingtheAgreement).Saidtariffs shouldallowAtmostorecoverannuallyanadditional$65.7millioninrevenueover theamountallowedundercurrentlyapprovedratesbyimplementationofratesshown intheproofofrevenuesattachedasExhibitB.(AttachmentBtotheOrdinance ratifyingthisAgreement).Theuniformimplementationofgasrates,termsand conditionsestablishedbytheSettlementAgreementshallbeeffectiveforbills renderedonorafterJune1,2015.ConsistentwiththeCity’sauthorityunderSection 103.001oftheTexasUtilitiesCode,theSettlementAgreementrepresentsa comprehensivesettlementofgasutilityrateissuesaffectingtherates,operationsand servicesofferedbyAtmoswithinthemunicipallimitsoftheACSCCitiesarisingfrom Atmos’2014RRMfilingand2015RRMfiling.Norefundsofchargesbilledto customersbyAtmosundertheRRMinpastperiodsshallbeowedorowing. 2.Inanefforttostreamlinetheregulatoryreviewprocess,AtmosandtheACSCCities haveagreedtorenewtheRateReviewMechanism(“RiderRRM”)foraperiod commencingwiththeCompany’sMarch1,2016filingunderthismechanismforthe calendaryear2015,effectiveJune1,2016,andcontinuingthereafteruntilsuchtimeas eithertheACSCCitiesissueanordinancestatingadesiretodiscontinuetheoperation ofthetarifforAtmosfilesaStatementofIntent.AtmosandtheACSCCitiesfurther agreethattheRRMtariffshallremainineffectuntilsuchtimeasnew,finalratesare establishedforAtmos.UponapprovalofthisSettlementAgreementbytheACSC Cities,AtmosshallfileanupdatedRRMTariffwitheachcityreflectingtheprovisions ofthisagreement. 3.AtmosandtheACSCCitiesagreethatratebaseasofDecember31,2014inthe amountof$1,955,948,256isjustandreasonableandshallberecoveredinrates. 4.AtmosandtheACSCCitiesagreethatapensionandotherpostemploymentbenefits balanceasofDecember31,2014intheamountof$18,284,949isjustandreasonable andshallbeusedasthebeginningbalanceforpurposesofdeterminingpensionand otherpostemploymentbenefitstoberecoveredinthenextRRMfiling(AttachmentD totheOrdinanceratifyingtheAgreement). 5.WithregardtothetreatmentofAtmos’Rule8.209regulatoryassetundertheRRM, AtmosandtheACSCCitiesagreetothefollowingwithrespecttoanypendingand futureRRMfilings: a.thecapitalinvestmentintheRule8.209regulatoryassetinthe2014RRMfiling and2015RRMfilingisreasonableandconsistentwiththerequirementsofRule 8.209; Attachment A 3 b.theclassificationofprojectsincludedintheRule8.209regulatoryassetinthe 2014RRMfilingand2015RRMfilingisreasonableandconsistentwiththe requirementsofRule8.209andshallserveasabasisforclassificationofprojects infutureRRMfilings; c.thetreatmentofblanketreplacementprojects,systemupgrades,relocations,and transmissionlinereplacementsintheRule8.209regulatoryassetin the2014RRM filingand2015RRMfiling is reasonableandconsistentwiththerequirementsof Rule8.209andshallbeincludedinfutureRRMfilings. d.theincurredexpensesincludedintheRule8.209regulatoryassetinthe2014 RRMandthe2015RRMarereasonableandconsistentwiththerequirementsof Rule8.209andshallbeincludedinfutureRRMfilings; e.interestontheRule8.209regulatoryassetaccountshallbecalculatedusingthe pre-taxcostofcapitalmostrecentlyapprovedbytheCommission.Theuseofthe pre-taxcostofcapitalisconsistentwithRule8.209.AreturnonRule8.209 capitalinvestmentisonlyearnedoncetheinvestmentisincludedinratebase.No changeintheCompany'scalculationoftheinterestcomponentinitsRule8.209 regulatoryassetaccountsiswarrantedthroughtheperiodendedMay31,2015. BeginningJune1,2015,interestexpenseshallbecalculatedmonthlyusingsimple interest(i.e.11.49%dividedby12,orapproximately0.96%permonth)appliedto thetotalvalueoftheRule8.209assetinvestment(exclusiveofinterest)untilsuch timetheRule8.209regulatoryassetisapprovedforinclusionintheCompany’s ratebase. f.WhileAtmosandtheACSCCitiesagreetoapplythetreatmentsand methodologiessetforthinthisparagraph,subsections(a)–(e)inallfutureRRM filings,theregulatoryauthorityretainsitsrighttodisallowanycapitalinvestment thatisnotshowntobeprudentlyincurred,andanyexpensenotshowntobe reasonableandnecessary,infutureRRMfilings. g.AtmosandtheACSCCitiesacknowledgethattheiragreementregardingthe treatmentandmethodologiesapplicabletoRule8.209capitalinvestmentsunder theRRMtariffshallnotprejudicetherightofeitherpartytoarguefordifferent treatmentsormethodologiesinafuturestatementofintentproceeding. 6.RevenuesapprovedpursuanttoParagraph1oftheSettlementAgreementinclude reimbursementofratecaseexpensesowedtotheACSCCitiesinconnectionwiththe 2014RRMfiling. 7.TheSignatoriesagreethateachACSCcityshallapprovethisSettlementAgreement andadoptanordinanceorresolutiontoimplementfortheACSCCitiestherates, terms,andconditionsreflectedinthetariffsattachedtotheSettlementAgreementas ExhibitA.AtmosandACSCfurtheragreethatatsuchtimeasalloftheACSCCities havepassedanordinanceorresolutionconsistentwiththeSettlementandAtmoshas receivedsuchordinanceorresolution,Atmosshallwithdrawitsappealofthecurrently pendingRRMfilingbeforetheRailroadCommissionofTexasinconnectionwiththe 2014RRMfiling. Attachment A 4 8.AtmosandtheACSCCitiesfurtheragreethattheexpresstermsoftheRiderRRMare supplementaltothefiling,notice,regulatoryreview,orappellateproceduralprocessof theratemakingprovisionsofChapter104oftheTexasUtilitiesCode.Ifthestatute requiresamandatoryactiononbehalfofthemunicipalregulatoryauthorityorAtmos, thepartieswillfollowtheprovisionsofsuchstatute.Ifthestatuteallowsdiscretionon behalfofthemunicipalregulatoryauthority,theACSCCitiesagreethattheyshall exercisesuchdiscretioninsuchawayastoimplementtheprovisionsoftheRRM tariff.IfAtmosappealsanactionorinactionofanACSCCityregardinganRRM filingtotheRailroadCommission,theACSCCitiesagreethattheywillnotopposethe implementationofinterimratesoradvocatetheimpositionofabondbyAtmos consistentwiththeRRMtariff.Atmosagreesthatitwillmakenofilingsonbehalfof itsMid-TexDivisionundertheprovisionsofSection104.301oftheTexasUtilities codewhiletheRiderRRMisinplace.Intheeventthataregulatoryauthorityfailsto actorentersanadversedecisionregardingtheproposedannualRRMadjustment,the RailroadCommissionofTexasshallhaveexclusiveappellatejurisdiction,pursuantto theprovisionsoftheTexasUtilitiesCode,toreviewtheactionorinactionofthe regulatoryauthorityexercisingexclusiveoriginaljurisdictionovertheRRMrequest. Inaddition,theSignatoriesagreethatthisSettlementAgreementshallnotbe construedasawaiveroftheACSCCities’righttoinitiateashowcauseproceedingor theCompany’srighttofileaStatementofIntentundertheprovisionsoftheTexas UtilitiesCode. 9.TheSignatoriesagreethatthetermsoftheSettlementAgreementareinterdependent andindivisible,andthatifanyACSCcityentersanorderthatisinconsistentwiththis SettlementAgreement,thenanySignatorymaywithdrawwithoutbeingdeemedto havewaivedanyproceduralrightortohavetakenanysubstantivepositiononanyfact orissuebyvirtueofthatSignatory’sentryintotheSettlementAgreementorits subsequentwithdrawal.IfanyACSCcityrejectsthisSettlementAgreement,thenthis SettlementAgreementshallbevoid abinitio andcounselfortheACSCCitiesshall thereafteronlytakesuchactionsasareinaccordancewiththeTexasDisciplinary RulesofProfessionalConduct. 10.TheSignatoriesagreethatallnegotiations,discussionsandconferencesrelatedtothe SettlementAgreementareprivileged,inadmissible,andnotrelevanttoproveany issuesassociatedwithAtmos’2014RRMfilingand2015RRMfiling. 11.TheSignatoriesagreethatneitherthisSettlementAgreementnoranyoralorwritten statementsmadeduringthecourseofsettlementnegotiationsmaybeusedforany purposeotherthanasnecessarytosupporttheentrybytheACSCCitiesofan ordinanceorresolutionimplementingthisSettlementAgreement. 12.TheSignatoriesagreethatthisSettlementAgreementisbindingoneachSignatory onlyforthepurposeofsettlingtheissuessetforthhereinandfornootherpurposes, and,excepttotheextenttheSettlementAgreementgovernsaSignatory’srightsand obligationsforfutureperiods,thisSettlementAgreementshallnotbebindingor precedentialuponaSignatoryoutsidethisproceeding. Attachment A 5 13.TheSignatoriesagreethatthisSettlementAgreementmaybeexecutedinmultiple counterpartsandmaybefiledwithfacsimilesignatures. Attachment A Attachment A Agreedtothisday of May 2015. ATTORNEY FOR ATMOS CITIES STEERING COMMITTEE,WHOSE MEMBERS INCLUDE THE CITIES OF ABILENE,ADDISON,ALLEN,ALVARADO,ANGUS,ANNA, ARGYLE,ARLINGTON,AUBREY,BEDFORD,BELLMEAD,BENBROOK,BEVERLY HILLS,BLOSSOM,BLUE RIDGE,BOWIE,BOYD,BRIDGEPORT,BROWNWOOD, BUFFALO,BURKBURNETT,BURLESON,CADDO MILLS,CANTON,CARROLLTON, CEDAR HILL,CELESTE,CELINA,CENTERVILLE,CISCO,CLARKSVILLE,CLEBURNE, CLYDE,COLLEGE STATION,COLLEYVILLE,COLORADO CITY,COMANCHE, COMMERCE,COOLIDGE,COPPELL,COPPERAS COVE,CORINTH,CORRAL CITY, CRANDALL,CROWLEY,DALWORTHINGTON GARDENS,DENISON,DESOTO, DUNCANVILLE,EASTLAND,EDGECLIFF VILLAGE,EMORY,ENNIS,EULESS, EVERMAN,FAIRVIEW,FARMERS BRANCH,FARMERSVILLE,FATE,FLOWER MOUND,FOREST HILL,FORT WORTH,FRISCO,FROST,GAINESVILLE,GARLAND, GARRETT,GRAND PRAIRIE,GRAPEVINE,GUNTER,HALTOM CITY,HARKER HEIGHTS,HASKELL,HASLET,HEWITT,HIGHLAND PARK,HIGHLAND VILLAGE, HONEY GROVE,HURST,HUTTO,IOWA PARK,IRVING,JUSTIN,KAUFMAN,KEENE, KELLER,KEMP,KENNEDALE,KERENS,KERRVILLE,KILLEEN,KRUM,LAKE WORTH,LAKESIDE,LANCASTER,LEWISVILLE,LINCOLN PARK,LITTLE ELM, LORENA,MADISONVILLE,MALAKOFF,MANSFIELD,MCKINNEY,MELISSA, MESQUITE,MIDLOTHIAN,MURPHY,NEWARK,NOCONA,NORTH RICHLAND HILLS,NORTHLAKE,OAKLEAF,OVILLA,PALESTINE,PANTEGO,PARIS,PARKER, PECAN HILL,PETROLIA,PLANO,PONDER,POTTSBORO,PROSPER,QUITMAN,RED OAK,RENO(PARKERCOUNTY),RICHARDSON,RICHLAND,RICHLANDHILLS, ROANOKE,ROBINSON,ROCKWALL,ROSCOE,ROWLETT,ROYSE CITY,SACHSE, SAGINAW,SANSOM PARK,SEAGOVILLE,SHERMAN,SNYDER,SOUTHLAKE, SPRINGTOWN,STAMFORD,STEPHENVILLE,SULPHUR SPRINGS,SWEETWATER, TEMPLE,TERRELL,THE COLONY,TROPHY CLUB,TYLER,UNIVERSITY PARK, VENUS,VERNON,WACO,WATAUGA,WAXAHACHIE,WESTLAKE,WHITE SETTLEMENT,WHITESBORO,WICHITA FALLS,WOODWAY,AND WYLIE. By: 3eoffre>(pay*,Geoffrey *SubjecttoapprovalbyACSCCityCouncils 7 Attachment A MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:C–COMMERCIALSALES APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: Application ApplicabletoCommercialCustomersforallnaturalgasprovidedatonePointofDeliveryandmeasured throughonemeterandtoIndustrialCustomerswithanaverageannualusageoflessthan30,000Ccf. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'smonthlybillwillbecalculatedbyaddingthefollowingCustomerandCcfchargestothe amountsdueundertheriderslistedbelow: Charge Amount CustomerChargeperBill $40.00permonth RiderCEESurcharge $0.00permonth1 TotalCustomerCharge $40.00permonth CommodityCharge–AllCcf $0.08020perCcf GasCostRecovery:Plusanamountforgascostsandupstreamtransportationcostscalculated inaccordancewithPart(a)andPart(b),respectively,ofRiderGCR. WeatherNormalizationAdjustment:PlusorMinusanamountforweathernormalization calculatedinaccordancewithRiderWNA. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). Agreement AnAgreementforGasServicemayberequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. 1ReferenceRiderCEE-ConservationAndEnergyEfficiency asapprovedinGUD10170.SurchargebillingeffectiveJuly1,2014. Exhibit AAttachment A MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:I–INDUSTRIALSALES APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: Application ApplicabletoIndustrialCustomerswithamaximumdailyusage(MDU)oflessthan3,500MMBtuperday forallnaturalgasprovidedatonePointofDeliveryandmeasuredthroughonemeter.Servicefor IndustrialCustomerswithanMDUequaltoorgreaterthan3,500MMBtuperdaywillbeprovidedat Company'ssoleoptionandwillrequirespecialcontractarrangementsbetweenCompanyandCustomer. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'smonthlybillwillbecalculatedbyaddingthefollowingCustomerandMMBtuchargestothe amountsdueundertheriderslistedbelow: Charge Amount CustomerChargeperMeter $700.00permonth First0MMBtuto1,500MMBtu $0.2937perMMBtu Next3,500MMBtu $0.2151perMMBtu AllMMBtuover5,000MMBtu $0.0461perMMBtu GasCostRecovery:Plusanamountforgascostsandupstreamtransportationcostscalculated inaccordancewithPart(a)andPart(b),respectively,ofRiderGCR. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). CurtailmentOverpullFee UponnotificationbyCompanyofaneventofcurtailmentorinterruptionofCustomer’sdeliveries, Customerwill,foreachMMBtudeliveredinexcessofthestatedlevelofcurtailmentorinterruption,pay Company200%ofthemidpointpricefortheKatypointlistedin PlattsGasDaily publishedforthe applicableGasDayinthetableentitled“DailyPriceSurvey.” ReplacementIndex Intheeventthe“midpoint”or“common”pricefortheKatypointlistedin PlattsGasDaily inthetable entitled“DailyPriceSurvey”isnolongerpublished,Companywillcalculatetheapplicableimbalancefees utilizingadailypriceindexrecognizedasauthoritativebythenaturalgasindustryandmostclosely approximatingtheapplicableindex. Exhibit AAttachment A MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:I–INDUSTRIALSALES APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: Agreement AnAgreementforGasServicemayberequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. SpecialConditions InordertoreceiveserviceunderRateI,CustomermusthavethetypeofmeterrequiredbyCompany. CustomermustpayCompanyallcostsassociatedwiththeacquisitionandinstallationofthemeter. Exhibit AAttachment A MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:R–RESIDENTIALSALES APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: Application ApplicabletoResidentialCustomersforallnaturalgasprovidedatonePointofDeliveryandmeasured throughonemeter. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'smonthlybillwillbecalculatedbyaddingthefollowingCustomerandCcfchargestothe amountsdueundertheriderslistedbelow: Charge Amount CustomerChargeperBill $18.60permonth RiderCEESurcharge $0.02permonth1 TotalCustomerCharge $18.62permonth CommodityCharge–AllCcf $0.09931perCcf GasCostRecovery:Plusanamountforgascostsandupstreamtransportationcostscalculated inaccordancewithPart(a)andPart(b),respectively,ofRiderGCR. WeatherNormalizationAdjustment:PlusorMinusanamountforweathernormalization calculatedinaccordancewithRiderWNA. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). Agreement AnAgreementforGasServicemayberequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. 1ReferenceRiderCEE-ConservationAndEnergyEfficiency asapprovedinGUD10170.SurchargebillingeffectiveJuly1,2014. Exhibit AAttachment A MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:T–TRANSPORTATION APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: Application Applicable,intheeventthatCompanyhasenteredintoaTransportationAgreement,toacustomer directlyconnectedtotheAtmosEnergyCorp.,Mid-TexDivisionDistributionSystem(Customer)forthe transportationofallnaturalgassuppliedbyCustomerorCustomer’sagentatonePointofDeliveryfor useinCustomer'sfacility. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'sbillwillbecalculatedbyaddingthefollowingCustomerandMMBtuchargestotheamounts andquantitiesdueundertheriderslistedbelow: Charge Amount CustomerChargeperMeter $700.00permonth First0MMBtuto1,500MMBtu $0.2937perMMBtu Next3,500MMBtu $0.2151perMMBtu AllMMBtuover5,000MMBtu $0.0461perMMBtu UpstreamTransportationCostRecovery:Plusanamountforupstreamtransportationcostsin accordancewithPart(b)ofRiderGCR. RetentionAdjustment:PlusaquantityofgasascalculatedinaccordancewithRiderRA. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). ImbalanceFees AllfeeschargedtoCustomerunderthisRateSchedulewillbechargedbasedonthequantities determinedundertheapplicableTransportationAgreementandquantitieswillnotbeaggregatedforany CustomerwithmultipleTransportationAgreementsforthepurposesofsuchfees. MonthlyImbalanceFees CustomershallpayCompanythegreaterof(i)$0.10perMMBtu,or(ii)150%ofthedifferenceperMMBtu betweenthehighestandlowest“midpoint”pricefortheKatypointlistedin PlattsGasDaily inthetable entitled“DailyPriceSurvey”duringsuchmonth,fortheMMBtuofCustomer’smonthlyCumulative Imbalance,asdefinedintheapplicableTransportationAgreement,attheendofeachmonththatexceeds 10%ofCustomer’sreceiptquantitiesforthemonth. Exhibit AAttachment A MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:T–TRANSPORTATION APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: CurtailmentOverpullFee UponnotificationbyCompanyofaneventofcurtailmentorinterruptionofCustomer’sdeliveries, Customerwill,foreachMMBtudeliveredinexcessofthestatedlevelofcurtailmentorinterruption,pay Company200%ofthemidpointpricefortheKatypointlistedin PlattsGasDaily publishedforthe applicableGasDayinthetableentitled“DailyPriceSurvey.” ReplacementIndex Intheeventthe“midpoint”or“common”pricefortheKatypointlistedin PlattsGasDaily inthetable entitled“DailyPriceSurvey”isnolongerpublished,Companywillcalculatetheapplicableimbalancefees utilizingadailypriceindexrecognizedasauthoritativebythenaturalgasindustryandmostclosely approximatingtheapplicableindex. Agreement Atransportationagreementisrequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. SpecialConditions InordertoreceiveserviceunderRateT,customermusthavethetypeofmeterrequiredbyCompany. CustomermustpayCompanyallcostsassociatedwiththeacquisitionandinstallationofthemeter. Exhibit AAttachment A MID-TEXDIVISION ATMOSENERGYCORPORATION RIDER:WNA–WEATHERNORMALIZATIONADJUSTMENT APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter11/01/2015 PAGE: ProvisionsforAdjustment TheCommodityChargeperCcf(100cubicfeet)forgasservicesetforthinanyRateSchedulesutilized bythecitiesoftheMid-TexDivisionserviceareafordeterminingnormalizedwinterperiodrevenuesshall beadjustedbyanamounthereinafterdescribed,whichamountisreferredtoasthe"Weather NormalizationAdjustment."TheWeatherNormalizationAdjustmentshallapplytoalltemperature sensitiveresidentialandcommercialbillsbasedonmetersreadduringtherevenuemonthsofNovember throughApril.ThefiveregionalweatherstationsareAbilene,Austin,Dallas,Waco,andWichitaFalls. ComputationofWeatherNormalizationAdjustment TheWeatherNormalizationAdjustmentFactorshallbecomputedtothenearestone-hundredthcent perCcfbythefollowingformula: (HSFi x(NDD-ADD)) WNAFi =Ri (BLi +(HSFi xADD)) Where i=anyparticularRateScheduleorbillingclassificationwithinanysuch particularRateSchedulethatcontainsmorethanonebillingclassification WNAFi =WeatherNormalizationAdjustmentFactorfortheith ratescheduleor classificationexpressedincentsperCcf Ri =CommodityChargerateoftemperaturesensitivesalesfortheith scheduleor classification. HSFi =heatsensitivefactorfortheith scheduleorclassificationdividedbythe averagebillcountinthatclass NDD=billingcyclenormalheatingdegreedayscalculatedasthesimpleten-year averageofactualheatingdegreedays. ADD=billingcycleactualheatingdegreedays. Bli =baseloadsalesfortheith scheduleorclassificationdividedbytheaverage billcountinthatclass TheWeatherNormalizationAdjustmentforthejthcustomerinithratescheduleiscomputedas: WNAi =WNAFi xqij Whereqij istherelevantsalesquantityforthejthcustomerinithrateschedule. Exhibit AAttachment A MID-TEXDIVISION ATMOSENERGYCORPORATION RIDER:WNA–WEATHERNORMALIZATIONADJUSTMENT APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter11/01/2015 PAGE: BaseUse/HeatUseFactors Residential Commercial BaseuseHeatuse BaseuseHeatuse WeatherStationCcfCcf/HDDCcfCcf/HDD Abilene 10.22 0.1404 98.80 0.6372 Austin 11.59 0.1443 213.62 0.7922 Dallas 14.12 0.2000 208.11 0.9085 Waco 9.74 0.1387 130.27 0.6351 Wichita Falls 11.79 0.1476 122.35 0.5772 WeatherNormalizationAdjustment(WNA)Report OnorbeforeJune1ofeachyear,thecompanypostsonitswebsiteatatmosenergy.com/mtx-wna,in Excelformat,a WeatherNormalizationAdjustment(WNA)Report toshowhowthecompanycalculated itsWNAsfactorduringtheprecedingwinterseason.Additionally,onorbeforeJune1ofeachyear,the companyfilesonehardcopyandaExcelversionofthe WNAReport withtheRailroadCommissionof Texas'GasServicesDivision,addressedtotheDirectorofthatDivision. Exhibit AAttachment A 1 2 3 4 5 6 7 8 9 10 11 12 17 ATMOS ENERGY CORP.,MID-TEX DIVISION PROOF OF REVENUES AND PROPOSED TARIFF STRUCTURE TEST YEAR ENDING DECEMBER 31,2014 (a)(b) Proposed Change In Rates: Proposed Change In Rates without Revenue Related Taxes: Residential Commercial Industrial and Transportation Net Revenue Requirements GUDNo.10170 Revenue Requirements $338,431,486 $84,223,622 $11,490,316 $434,145,424 (c) $21,066,527 $19,757,254 Allocations 77.95% 19.40% 2.65% (d)(e) Schedule A Ln1 divided by factor on WP_F-5.1 Per GUD 10170 Final Order Per GUD 10170 Final Order Per GUD 10170 Final Order 18 19' Rate Class Current Proposed Change Proposed Rates Proposed Change In Revenues (f) Proposed Revenues (g) Proposed Rates with Rate Case Expenses 20 Residential Base Charge $18.20 $0.36 $18.56 $6,351,350 $327,447,398 $18.60 21 Residential Consumption Charge $0.08819 $0.01112 $0.09931 $9,049,383 $80,817,829 $0.09931 22 Commercial Base Charge $38.50 $1.37 $39.87 $2,000,584 $58,221,364 $40.00 23 Commercial Consumption Charge $0.07681 $0.00339 $0.08020 $1,834,968 $43,411,339 $0.08020 24 I&T Base Charge $675.00 $22.35 $697.35 $220,192 $6,870,292 $700.00 25 I&T Consumption Charge Tier 1MMBTU $0.2807 $0.0130 $0.2937 $142,055 $3,209,350 $0.2937 26 I&T Consumption Charge Tier 2MMBTU $0.2056 $0.0095 $0.2151 $117,051 $2,650,282 $0.2151 27 I&T Consumption Charge Tier 3MMBTU $0.0441 $0.0020 $0.0461 $42,703 $984,314 $0.0461 28 $19,758,287 $523,612,169 29 Data Sources: GUD10170 FINAL.xIsm Exhibit B At t a c h m e n t A 1 2 3 4 5 6 7 8 9 10 11 12 17 ATMOS ENERGY CORP.,MID-TEX DIVISION PROOF OF REVENUES AND PROPOSED TARIFF STRUCTURE TEST YEAR ENDING DECEMBER 31,2014 (a)(b) Proposed Change In Rates: Proposed Change In Rates without Revenue Related Taxes: Residential Commercial Industrial and Transportation Net Revenue Requirements GUDNo.10170 Revenue Requirements $338,431,486 $84,223,622 $11,490,316 $434,145,424 (c) $21,066,527 $19,757,254 Allocations 77.95% 19.40% 2.65% (d)(e) Schedule A Ln1 divided by factor on WP_F-5.1 Per GUD 10170 Final Order Per GUD 10170 Final Order Per GUD 10170 Final Order 18 19' Rate Class Current Proposed Change Proposed Rates Proposed Change In Revenues (f) Proposed Revenues (g) Proposed Rates with Rate Case Expenses 20 Residential Base Charge $18.20 $0.36 $18.56 $6,351,350 $327,447,398 $18.60 21 Residential Consumption Charge $0.08819 $0.01112 $0.09931 $9,049,383 $80,817,829 $0.09931 22 Commercial Base Charge $38.50 $1.37 $39.87 $2,000,584 $58,221,364 $40.00 23 Commercial Consumption Charge $0.07681 $0.00339 $0.08020 $1,834,968 $43,411,339 $0.08020 24 I&T Base Charge $675.00 $22.35 $697.35 $220,192 $6,870,292 $700.00 25 I&T Consumption Charge Tier 1MMBTU $0.2807 $0.0130 $0.2937 $142,055 $3,209,350 $0.2937 26 I&T Consumption Charge Tier 2MMBTU $0.2056 $0.0095 $0.2151 $117,051 $2,650,282 $0.2151 27 I&T Consumption Charge Tier 3MMBTU $0.0441 $0.0020 $0.0461 $42,703 $984,314 $0.0461 28 $19,758,287 $523,612,169 29 Data Sources: GUD10170 FINAL.xIsm Attachment B MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:C–COMMERCIALSALES APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: Application ApplicabletoCommercialCustomersforallnaturalgasprovidedatonePointofDeliveryandmeasured throughonemeterandtoIndustrialCustomerswithanaverageannualusageoflessthan30,000Ccf. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'smonthlybillwillbecalculatedbyaddingthefollowingCustomerandCcfchargestothe amountsdueundertheriderslistedbelow: Charge Amount CustomerChargeperBill $40.00permonth RiderCEESurcharge $0.00permonth1 TotalCustomerCharge $40.00permonth CommodityCharge–AllCcf $0.08020perCcf GasCostRecovery:Plusanamountforgascostsandupstreamtransportationcostscalculated inaccordancewithPart(a)andPart(b),respectively,ofRiderGCR. WeatherNormalizationAdjustment:PlusorMinusanamountforweathernormalization calculatedinaccordancewithRiderWNA. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). Agreement AnAgreementforGasServicemayberequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. 1ReferenceRiderCEE-ConservationAndEnergyEfficiency asapprovedinGUD10170.SurchargebillingeffectiveJuly1,2014. Attachment C MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:I–INDUSTRIALSALES APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: Application ApplicabletoIndustrialCustomerswithamaximumdailyusage(MDU)oflessthan3,500MMBtuperday forallnaturalgasprovidedatonePointofDeliveryandmeasuredthroughonemeter.Servicefor IndustrialCustomerswithanMDUequaltoorgreaterthan3,500MMBtuperdaywillbeprovidedat Company'ssoleoptionandwillrequirespecialcontractarrangementsbetweenCompanyandCustomer. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'smonthlybillwillbecalculatedbyaddingthefollowingCustomerandMMBtuchargestothe amountsdueundertheriderslistedbelow: Charge Amount CustomerChargeperMeter $700.00permonth First0MMBtuto1,500MMBtu $0.2937perMMBtu Next3,500MMBtu $0.2151perMMBtu AllMMBtuover5,000MMBtu $0.0461perMMBtu GasCostRecovery:Plusanamountforgascostsandupstreamtransportationcostscalculated inaccordancewithPart(a)andPart(b),respectively,ofRiderGCR. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). CurtailmentOverpullFee UponnotificationbyCompanyofaneventofcurtailmentorinterruptionofCustomer’sdeliveries, Customerwill,foreachMMBtudeliveredinexcessofthestatedlevelofcurtailmentorinterruption,pay Company200%ofthemidpointpricefortheKatypointlistedin PlattsGasDaily publishedforthe applicableGasDayinthetableentitled“DailyPriceSurvey.” ReplacementIndex Intheeventthe“midpoint”or“common”pricefortheKatypointlistedin PlattsGasDaily inthetable entitled“DailyPriceSurvey”isnolongerpublished,Companywillcalculatetheapplicableimbalancefees utilizingadailypriceindexrecognizedasauthoritativebythenaturalgasindustryandmostclosely approximatingtheapplicableindex. Attachment C MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:I–INDUSTRIALSALES APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: Agreement AnAgreementforGasServicemayberequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. SpecialConditions InordertoreceiveserviceunderRateI,CustomermusthavethetypeofmeterrequiredbyCompany. CustomermustpayCompanyallcostsassociatedwiththeacquisitionandinstallationofthemeter. Attachment C MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:R–RESIDENTIALSALES APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: Application ApplicabletoResidentialCustomersforallnaturalgasprovidedatonePointofDeliveryandmeasured throughonemeter. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'smonthlybillwillbecalculatedbyaddingthefollowingCustomerandCcfchargestothe amountsdueundertheriderslistedbelow: Charge Amount CustomerChargeperBill $18.60permonth RiderCEESurcharge $0.02permonth1 TotalCustomerCharge $18.62permonth CommodityCharge–AllCcf $0.09931perCcf GasCostRecovery:Plusanamountforgascostsandupstreamtransportationcostscalculated inaccordancewithPart(a)andPart(b),respectively,ofRiderGCR. WeatherNormalizationAdjustment:PlusorMinusanamountforweathernormalization calculatedinaccordancewithRiderWNA. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). Agreement AnAgreementforGasServicemayberequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. 1ReferenceRiderCEE-ConservationAndEnergyEfficiency asapprovedinGUD10170.SurchargebillingeffectiveJuly1,2014. Attachment C MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:T–TRANSPORTATION APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: Application Applicable,intheeventthatCompanyhasenteredintoaTransportationAgreement,toacustomer directlyconnectedtotheAtmosEnergyCorp.,Mid-TexDivisionDistributionSystem(Customer)forthe transportationofallnaturalgassuppliedbyCustomerorCustomer’sagentatonePointofDeliveryfor useinCustomer'sfacility. TypeofService WhereserviceofthetypedesiredbyCustomerisnotalreadyavailableatthePointofDelivery,additional chargesandspecialcontractarrangementsbetweenCompanyandCustomermayberequiredpriorto servicebeingfurnished. MonthlyRate Customer'sbillwillbecalculatedbyaddingthefollowingCustomerandMMBtuchargestotheamounts andquantitiesdueundertheriderslistedbelow: Charge Amount CustomerChargeperMeter $700.00permonth First0MMBtuto1,500MMBtu $0.2937perMMBtu Next3,500MMBtu $0.2151perMMBtu AllMMBtuover5,000MMBtu $0.0461perMMBtu UpstreamTransportationCostRecovery:Plusanamountforupstreamtransportationcostsin accordancewithPart(b)ofRiderGCR. RetentionAdjustment:PlusaquantityofgasascalculatedinaccordancewithRiderRA. FranchiseFeeAdjustment:PlusanamountforfranchisefeescalculatedinaccordancewithRider FF.RiderFFisonlyapplicabletocustomersinsidethecorporatelimitsofanyincorporated municipality. TaxAdjustment:PlusanamountfortaxcalculatedinaccordancewithRiderTAX. Surcharges:Plusanamountforsurchargescalculatedinaccordancewiththeapplicablerider(s). ImbalanceFees AllfeeschargedtoCustomerunderthisRateSchedulewillbechargedbasedonthequantities determinedundertheapplicableTransportationAgreementandquantitieswillnotbeaggregatedforany CustomerwithmultipleTransportationAgreementsforthepurposesofsuchfees. MonthlyImbalanceFees CustomershallpayCompanythegreaterof(i)$0.10perMMBtu,or(ii)150%ofthedifferenceperMMBtu betweenthehighestandlowest“midpoint”pricefortheKatypointlistedin PlattsGasDaily inthetable entitled“DailyPriceSurvey”duringsuchmonth,fortheMMBtuofCustomer’smonthlyCumulative Imbalance,asdefinedintheapplicableTransportationAgreement,attheendofeachmonththatexceeds 10%ofCustomer’sreceiptquantitiesforthemonth. Attachment C MID-TEXDIVISION RRCTariffNo: ATMOSENERGYCORPORATION RATESCHEDULE:T–TRANSPORTATION APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter06/01/2015 PAGE: CurtailmentOverpullFee UponnotificationbyCompanyofaneventofcurtailmentorinterruptionofCustomer’sdeliveries, Customerwill,foreachMMBtudeliveredinexcessofthestatedlevelofcurtailmentorinterruption,pay Company200%ofthemidpointpricefortheKatypointlistedin PlattsGasDaily publishedforthe applicableGasDayinthetableentitled“DailyPriceSurvey.” ReplacementIndex Intheeventthe“midpoint”or“common”pricefortheKatypointlistedin PlattsGasDaily inthetable entitled“DailyPriceSurvey”isnolongerpublished,Companywillcalculatetheapplicableimbalancefees utilizingadailypriceindexrecognizedasauthoritativebythenaturalgasindustryandmostclosely approximatingtheapplicableindex. Agreement Atransportationagreementisrequired. Notice Servicehereunderandtheratesforservicesprovidedaresubjecttotheordersofregulatorybodies havingjurisdictionandtotheCompany’sTariffforGasService. SpecialConditions InordertoreceiveserviceunderRateT,customermusthavethetypeofmeterrequiredbyCompany. CustomermustpayCompanyallcostsassociatedwiththeacquisitionandinstallationofthemeter. Attachment C MID-TEXDIVISION ATMOSENERGYCORPORATION RIDER:WNA–WEATHERNORMALIZATIONADJUSTMENT APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter11/01/2015 PAGE: ProvisionsforAdjustment TheCommodityChargeperCcf(100cubicfeet)forgasservicesetforthinanyRateSchedulesutilized bythecitiesoftheMid-TexDivisionserviceareafordeterminingnormalizedwinterperiodrevenuesshall beadjustedbyanamounthereinafterdescribed,whichamountisreferredtoasthe"Weather NormalizationAdjustment."TheWeatherNormalizationAdjustmentshallapplytoalltemperature sensitiveresidentialandcommercialbillsbasedonmetersreadduringtherevenuemonthsofNovember throughApril.ThefiveregionalweatherstationsareAbilene,Austin,Dallas,Waco,andWichitaFalls. ComputationofWeatherNormalizationAdjustment TheWeatherNormalizationAdjustmentFactorshallbecomputedtothenearestone-hundredthcent perCcfbythefollowingformula: (HSFi x(NDD-ADD)) WNAFi =Ri (BLi +(HSFi xADD)) Where i=anyparticularRateScheduleorbillingclassificationwithinanysuch particularRateSchedulethatcontainsmorethanonebillingclassification WNAFi =WeatherNormalizationAdjustmentFactorfortheith ratescheduleor classificationexpressedincentsperCcf Ri =CommodityChargerateoftemperaturesensitivesalesfortheith scheduleor classification. HSFi =heatsensitivefactorfortheith scheduleorclassificationdividedbythe averagebillcountinthatclass NDD=billingcyclenormalheatingdegreedayscalculatedasthesimpleten-year averageofactualheatingdegreedays. ADD=billingcycleactualheatingdegreedays. Bli =baseloadsalesfortheith scheduleorclassificationdividedbytheaverage billcountinthatclass TheWeatherNormalizationAdjustmentforthejthcustomerinithratescheduleiscomputedas: WNAi =WNAFi xqij Whereqij istherelevantsalesquantityforthejthcustomerinithrateschedule. Attachment C MID-TEXDIVISION ATMOSENERGYCORPORATION RIDER:WNA–WEATHERNORMALIZATIONADJUSTMENT APPLICABLETO:ALLCUSTOMERSINTHEMID-TEXDIVISIONEXCEPTTHECITYOF DALLASANDUNINCORPORATEDAREAS EFFECTIVEDATE:BillsRenderedonorafter11/01/2015 PAGE: BaseUse/HeatUseFactors Residential Commercial BaseuseHeatuse BaseuseHeatuse WeatherStationCcfCcf/HDDCcfCcf/HDD Abilene 10.22 0.1404 98.80 0.6372 Austin 11.59 0.1443 213.62 0.7922 Dallas 14.12 0.2000 208.11 0.9085 Waco 9.74 0.1387 130.27 0.6351 Wichita Falls 11.79 0.1476 122.35 0.5772 WeatherNormalizationAdjustment(WNA)Report OnorbeforeJune1ofeachyear,thecompanypostsonitswebsiteatatmosenergy.com/mtx-wna,in Excelformat,a WeatherNormalizationAdjustment(WNA)Report toshowhowthecompanycalculated itsWNAsfactorduringtheprecedingwinterseason.Additionally,onorbeforeJune1ofeachyear,the companyfilesonehardcopyandaExcelversionofthe WNAReport withtheRailroadCommissionof Texas'GasServicesDivision,addressedtotheDirectorofthatDivision. Attachment C File Date: February 27, 2015 ATTACHMENT D Line No.Description Pension Account Plan ("PAP") Post-Retirement Medical Plan ("FAS 106") Pension Account Plan ("PAP") Supplemental Executive Benefit Plan ("SERP") Post-Retirement Medical Plan ("FAS 106") Adjustment Total (a)(b)(c)(d)(e)(f)(g) 1 Fiscal Year 2014 Towers Watson Report (excluding Removed Cost Centers)6,388,826$ 4,542,023$ 9,481,670$ 165,758$ 8,736,645$ 2 Allocation to Mid-Tex 46.26%46.26%71.70%100.00%71.70% 3 FY14 Towers Watson Benefit Costs (excluding Removed Cost Centers) Allocated to MTX (Ln 1 x Ln 2)2,955,304$ 2,101,021$ 6,798,531$ 165,758$ 6,264,334$ 4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00% 5 FY14 Towers Watson Benefit Costs To Approve (excluding Removed Cost Centers) (Ln 3 x Ln 4)2,955,304$ 2,101,021$ 6,798,531$ 165,758$ 6,264,334$ 18,284,949$ 6 7 8 Summary of Costs to Approve: 9 10 Total Pension Account Plan ("PAP")2,955,304$ 6,798,531$ 9,753,835$ 11 Total Post-Retirement Medical Plan ("FAS 106")2,101,021$ 6,264,334$ 8,365,356 12 Total Supplemental Executive Retirement Plan ("SERP")165,758$ 165,758 13 Total (Ln 10 + Ln 11 + Ln 12)2,955,304$ 2,101,021$ 6,798,531$ 165,758$ 6,264,334$ 18,284,949$ 14 15 16 O&M Expense Factor 95.82%95.82%43.03%21.00%43.03% 17 18 Expense Portion (Ln 13 x Ln 16)2,831,859$ 2,013,260$ 2,925,600$ 34,809$ 2,695,721$ 10,501,250$ 19 20 Capital Factor 4.18%4.18%56.97%79.00%56.97% 21 22 Capital Portion (Ln 13 x Ln 20)123,445$ 87,761$ 3,872,930$ 130,949$ 3,568,614$ 7,783,699$ 23 24 Total (Ln 18 + Ln 22)2,955,304$ 2,101,021$ 6,798,531$ 165,758$ 6,264,334$ 18,284,949$ ATMOS ENERGY CORP., MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2014 Shared Services Mid-Tex Direct WP_F-2.3.1 Page 1 of 1 Page 1 of 5 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning and Zoning Commission Monday, May 4, 2015 Westlake Town Council Meeting Monday, May 18, 2015 TOPIC: Conduct a public Hearing and consider an application for approval of a Preliminary Plat of the property addressed as 1480 Dove Road, dividing the existing lot into eight residential lots that are all one-acre or more in size. The property is currently zoned R-1 “Estate Residential.” The property is approximately 10.18 acres and is located on the north side of Dove Road, between the Glenwyck Farms and Terra Bella subdivisions. STAFF CONTACT: Eddie Edwards, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development N/A High Quality Planning, Design & Development - We are a desirable well planned, high -quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: May 4, 2015 Completion Date: May 18, 2015 Funding Amount: Status - Not Funded Source - N/A Page 2 of 5 EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The proposed Preliminary Plat is in compliance with the Comprehensive Plan and town ordinances. The utilities and roadways will be installed in accordance with town ordinances by the developer. Thoroughfare Plan – The proposed roadway will tie into Dove Road, an arterial roadway. The traffic counts generated by this subdivision will not require modifications to Dove Road. Land Use Plan – Land Use is not being changed and is in line with the recommendations in the Comprehensive Plan. Open Space & Trail plan – The proposed Preliminary Plat is in compliance with the Open Space & Trail Plan. Trail connectivity of existing trails is being accomplished with this development. Parkland dedication – Dedication requirements: “Residential developments. Park and recreational areas, meeting the requirements contained within this article, shall be dedicated to the town at a ratio of one acre of park land for every 30 residential dwelling units or prorated portion thereof.” (8/30 = 0.266 required; 0.43 provided.) Right-of-way dedication – All required right -of-way dedications are included in the proposed Preliminary Plat. Right -of-way for future widening of Dove Road was dedicated when the original lot was platted. Tree mitigation - Tree mitigation requirements will be addressed prior to issuance of the Grading Permit. RECOMMENDATION The Planning and Zoning Commission considered this application at the May 4th meeting and voted unanimously to recommend that the Town Council approve the preliminary plat as submitted. ATTACHMENTS: 1. VICINITY MAP 2. PRELIMINARY PLAT 3. AERIAL PHOTO Page 3 of 5 Page 4 of 5 Page 5 of 5 Resolution 15-12 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION 15-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A PRELIMINARY PLAT SUBDIVIDING LOT 1, BLOCK 1 OF THE DOVE ADDITION; THE PROPERTY IS ADDRESSED AND COMMONLY KNOWN AS 1480 DOVE ROAD, BEING A LOT TOTALING APPROXIMATELY 10.18 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF DOVE ROAD BETWEEN THE GLENWYCK FARMS AND TERRA BELLA SUBDIVISIONS, IN TARRANT COUNTY TEXAS. WHEREAS, the Planning and Zoning commission held a public hearing on May 4 th, 2015 and voted unanimously to recommend approval of the preliminary plat; and WHEREAS, the Town Council finds that the preliminary plat conforms generally with the goals and policies of the town Comprehensive Plan and the Thoroughfare Plan incorporated therein; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interests of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on May 4th, 2015, and after holding a public hearing, does hereby approve the Preliminary Plat for the Carlyle subdivision, as attached. The preliminary plat is attached as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-12 Page 2 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18th DAY OF MAY, 2015. ] _____________________________ ATTEST: Laura L. Wheat, Mayor _______________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 15-12 Page 3 of 3 EXHIBIT “A” Preliminary Plat EXECUTIVE SESSION a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) 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 (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 d. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites. Town of Westlake Item # 5 – Executive Session Town of Westlake Item # 6– Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) 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 (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivisi on (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 d. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites Town of Westlake Item # 7 – Take any Necessary Action, if necessary FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Town of Westlake Item #8 - Future Agenda Items  WHPS Annual Decoration Day Monday, May 25, 2015; 6:00 - 8:00 p.m. (Program begins at 6:30 p.m.) Westlake I.O.O. F. Cemetery Special Guest Speaker- Ret. Lieutenant General Rick Lynch  WA Primary Years Program (PYP) Exhibition Thursday, May 28, 2015; 9:00 a.m. – 2:00 p.m. (come & go) WA Campus-multiple locations; sign in front office  WA National Honor Society Induction Ceremony Wednesday, May 27 2015; 6:00 – 8:00 p.m. WA Campus- MPH (multi -purpose hall)  WA Secondary Award Ceremony; 2015 Baccalaureate; and, Alumni Walkway Ceremony Friday, May 29, 2015 WA Gymnasium  WAF Inaugural Family Campout (Grades K-6) Friday, May 29, 2015 WA Athletic Field  WA 2015 Senior Banquet Thursday, June 4, 2015; 6:30 – 10:00 p.m. DFW Marriott Hotel & Golf Club – SH 114 at Championship Pkwy *RSVP is required by May 29, 2015 Future Dates to Note/Calendar:  WA Annual Year End All School Picnic Friday, June 5, 2015; 12:00 p.m. WA Campus-Town Green  WA Commencement Ceremony Saturday, June 6, 2015; 2:00 p.m. (Council reports at 1 p.m. for VIP reception) Hilton Dallas/Southlake Town Square Town of Westlake Item # 9 – Council Calendar Town of Westlake Item # 10 – Adjournment