EST 1951 NEWARK TEXAS Regular Meeting Agenda September 21, 2023 7:00 p.m. Multipurpose Room, 209 Hudson St., Newark, TX76071 1. Call to order and announce quorum is present. 2. Pledge of allegiance and invocation. 3. Mayor Update. 4. Public Comments This portion of the agenda is the public's opportunity to address the Council about any item listed on the agenda, except public hearings. Comments related to public hearings will be heard when the specific hearing begins. Individuals wishing to make public comment. shall sign up to speak before the start of the meeting. Public comments are limited to three (3) minutes per speaker, unless otherwise required by law. Per the Texas Open Meetings Act, the Council is not permitted to take action on or discuss any item not listed on the agenda. Items suggested for action may be placed on afuture agenda, at the Council's. sole discretion. CONSENT AGENDA (Items listed on the consent agenda allow the Council to approve all items together without discussion or individua! motions. Items may be removed from the consent agenda on the request ofo any one membero oft the Council. Removed. items will be discussed and action taken immediately after the consent agenda.) 5. Consider and act on the following items: A. Council Meeting Minutes for August 17, 2023. and September 18, 2023. Accounts Payables for August 2023 D. Financial Statements for August 2023 B. Budget Meeting Minutes for August 9, 2023, August 23, 2023, September 13, 2023 E. Staff Reports- Municipal Court, Building Permits, Code Enforcement, and Public' Works for August 2023. 1 6. Discussion, consideration and action on Ordinance No. A-549, an ordinance approving the negotiated settlement between the Atmos Steering Committee and Atmos Energy. 7. Discuss and act on a Special Event Permit for Cruisin Days. 8. Discuss, consider and act on the purchase ofa a new vehicle fori the Public' Works Department. 9. Discuss, consider and act on Auditing Services and fees. REGULAR AGENDA NON-CONSENT) CERTFICATION-Icertily that the attached agenda was posted on or before 7:00 pm on Monday, September18, 2023. Cloe Jenni More, City Secretary SEAL S NOTE: Pursuant to Chapter 551, Texas Government Code, the Council reserves the right to convene in Executive. Session(s),. fromt time tot time as deemednecesanydiving: this meeting toreceive legal advice from its attorney on any posted agenda item as permitted by law or to discuss thej following: A. Consult with attorney on a matter in which the attorney's duty to the governmental body under the Texas Disciplinary Rules of Professional Conduct conflicts with this chapter and/or consult with attorney about pending or contemplated litigation or contemplated settlement of the same. Section. 551.071. B. Discuss the possible purchase, exchange, lease or sell ofv value ofi real property and public discussion ofsuch would not bei in the best interests of the City's bargaining position. Section. 551.072. C. Discuss negotiated gifts or donations to the City and public discussion at this stage would have a detrimental effect on the City's bargaining position. Section 551.073. D. Discuss the appointment, employment, evaluation, reassignment of duties, discipline, or dismissal of or to hear a complaint against a public officer or employee. Section 551.074. E. Discuss the commercial or financial information received from an existing business or business prospect with which the City is negotiating. for the location or retention ofaf facility, orj for incentives the Cityi is willing to extend, orj financial information. submitted by the. same. Section 551.087.F. Discuss the deployment or specific occasions for implementation of security personnel or devices. Section 551.076. G. Deliberations regarding economic development negotiations pursuant to Section 551.087.Following the closed Executive Session, the Council will reconvene. in open and public session and take any such action as may be desirable or necessary as a result of the closed deliberations. 2 Regular Meeting Minutes August 17,2023 7:00 p.m. 1. Call to order and announce quorum is present. Mayor Cardwell called the meeting to order at 7:00 pm, and announced a quorum was present. Those in attendance were: Mayor Crystal Cardwell, Councilmember Jennifer Hill, Councilmember Nathanial Butler, Councilmember Melanie Payne, Councilmember Richard Sidebottom, Mayor Pro Tem Chris Raines, City Admin Staff Brittany Mayhue, City Admin Staff Michelle Peterson, Code Enforcement Officer Devon Kennedyand City Secretary. Jenni Moore. 2. Pledge of allegiance and invocation. Mayor Cardwell led the pledge and Councilmember Hill led the invocation. 3. Mayor Update. Mayor Cardwell updated about the school being open finally, water meetings, park plans and the park grant, stating how these things are all moving along. 4. Public Comments. No public comments 5. Consider and act on the following items: A. Council Meeting Minutes for July 20, 2023. B. Accounts Payables for. July 2023 - Financial Statements for July 2023 Works for July 2023. D. Staff Reports- Municipal Court, Building Permits, Code Enforcement, and Public Mayor Pro Tem Raines motioned to approve agenda item. number 5 as a whole. Councilmember Hill second the motion. All approved. Motion was passed. 6. Resolution approving a tax-exempt loan among the Newark Cultural Education Facilities Finance Corporation, New Braunfels Christian Academy and First Financial Bank. N.A. and Ted Christensen of Government Capital Security Corporation explained to the council what the loan was for and answered questions they had. Councilmember Payne motioned to approve the tax-exemption loan for the Newark Cultural Education Facilities Finance Corporation, New Braunfels Christian Academy and First Financial Bank. N.A. and related matters. Mayor Pro Tem second the motion. All approved. Motion was passed. 7. Discuss, consider and act on a request from Angela Lowe for relief on the August 2023 Angela Lowe of 511 Rogers introduced herself and spoke about how her bill was higher due to a leak. Angela stated that she has already paid the bill, but still needs relief due to the related matters. utility bill at 511 Rogers Rd. 1 costs. Council confirmed she had been offered a payment plan and City Secretary Moore confirmed that was correct. Mayor Cardwell informed Mrs. Lowe that a refund cannot be 8. Discuss, consider and act on a request from Jeanine Muhawenimana for relief on her July Jeanine Muhawenimana of433 Sandy Bass Ln. stated that she had a very high bill in July and August due to issues when her home was installed. She stated that she was told the issue was fixed and it was not. Mayor Cardwell stated that the city could offer a payment plan to alleviate the stress of the high balance. Mayor Cardwell advised the resident to call the office the following day to discuss if we can get someone tol help fix it, using resources of people who have expressed that they could issued after the payment has already been made. No action was taken. and August 2023 utility bill at 433 Sandy Bass Ln. help. No action taken. 9. Conduct a public hearing, discuss, consider act on Ordinance No. A-546, amending the Code of Ordinances of the City of Newark, Texas, by amending Chapter 3, Building Regulations, Article 3.03, Technical and Construction Codes and Standards, by amending Divisions 3 through 9 to provide for updating the versions of the International Building Code (2021), International Residential Code (2021), National Electric Code (2020), International Plumbing Code (2021), International Mechanical Code (2021), International Fuel and Gas Code (2021), and International Energy Conservation Code (2021) and adopting local amendments to each code; and by creating Article 3.03, Divisions 10 and 11 adopting the International Swimming Pool and Spa Code (2021) and International Existing Building Code (2021) and adopting local amendments to each code; and by creating Article 3.03, Division 12 and 13 adopting the International Property Maintenance Code (2021), and the Public Works Construction Standards, North Central Texas, Fifth Edition (2017); and by amending Article 5.02. Fire Code to provide for updating the version of the International Fire Code (2021) and adopting local amendments to the fire Mayor Cardwell opened the public hearing at 7:19pm. Mayor Cardwell asked if there were any questions or public comments. No public comments. Mayor Cardwell closed the public Mayor Pro Tem Raines motioned to pass Article 3.03, Divisions 10 & 11 International Swimming Pool Code and other codes listed in item number 9. Councilmember Hill: second 10. EXECUTIVE SESSION - In accordance with the Texas Government Code, Section 551.001, et.seq., the City Council will recess into Executive Session (closed meeting) to discuss the code. hearing at 7:19pm. the motion. All approved. Motion passed. following: a. Pursuant to Section 551.071; Consultation with the attorney regarding pending or contemplated litigation, or a settlement offer; or 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 Texas Open Meetings Act, re: 2 i.PUC Application for release of certificate of convenience and necessity ii.Proposed Amendment to the Development Agreement with PMB il.Interlocal Agreement with Northwest ISD regarding water tank project. from City of Rhome back to the City of Newark. Rolling VI Land LP. Mayor Cardwell closed into executive session at 7:23 p.m. 11. RECONVENE INTO OPEN SESSION - In accordance with the Texas Government Code Chapter 551, the City Council will reconvene into Regular Session to consider action, if Mayor Cardwell reconvened into open session at 8:10 p.m. No Action was taken. any, on matters discussed in Executive Session. 12. Meeting Adjourn. Mayor Cardwell closed the meeting at 8:10 p.m. APPROVED: Crystal Cardwell, Mayor Date Jenni Moore, City Secretary 3 City of Newark Budget Workshop Meeting Minutes Wednesday, August 09, 2023 6:00 p.m. 1. Call to order and announce quorum is present. Councilmember Sidebottom called the meeting to order at 6:02 p.m. and announced a quorum was present. Those present were Councilmember Richard Sidebottom, Councilmember Jennifer Hill, Councilmember Nathanial Butler and City Secretary. Jenni Moore. 2. Pledge of allegiance and invocation. No pledge of allegiance or invocation were completed. 3. Budget Workshop = discussion on all funds for Fiscal Year 2023-2024 Annual Budget. City Secretary Moore explained that the budget sO far does not include the insurance rates as it has not been received at this point. City Secretary Moore informed the council of updates including removing the truck for public works, as payments for the truck would not require a payment until October 2024 and removing the sewer camera cost as this cost can be taken out of the covid relief fund. City Secretary Moore explained to the council the tax rate information provided in their council packets stating that the tax rate will decrease and the net value has increased from last year. City Secretary Moore stated that the voter approved rate is what she used to base the budget off for this year to this point. Council members discussed the conditions of the roads and the repairs needed, City Secretary Moore informed them that there is $30,000 in street capital improvements and $20,000 in street maintenance. Councilmember Sidebottom expressed his concern to add more funding in the following years budget for street repairs. Councilmember Sidebottom stated that the council accepts the tax rates as a whole at this time and no action was taken. 4. Adjourn. Councilmember Sidebottom adjourned the meeting at 6:18 p.m. APPROVED: Crystal Cardwell, Mayor Date Jenni Moore, City Secretary City of Newark Budget Workshop Meeting Minutes Wednesday, August 23, 2023 at 6pm 1. Call to order and announce quorum is present. Mayor Pro Tem Raines called the meetingt to order at 6:03P.M. and announced that a quorum was present. Those in attendance were: Mayor Pro Tem Chris Raines, Councilmember Nathanial Butler, Councilmember Jennifer Hill, Councilmember Melanie Payne, and City Secretary Jenni Moore 2. 2023-2024 Budget Workshop. The City Secretary shared updates from the last meeting, TMRS rates were updated to reflect the city's portion of 4.62%. The updated rates for health insurance will raise the policy by $220 per 3. Roll call vote on the proposed 2023 tax rate for the City'smaintenance and operations budget and Councilmember Hill made a motion to accept the voter approved rate for the 2023-2024 tax rate. The Maintenance and Operation rate of $0.339263 ànd the interest and sinking debt service rate of $0.043958. For a total proposed rate of $0.383221 one each One Hundred Dollars ($100.00)assessed employee. This changes the plan from HMO to PPO. debt service budget. value of allt taxable property. Roll Call Vote: Councilmember Place 1 Nathanial Butler- For Councilmember Place 2. Jennifer Hill- - For Councilmember Place 3 Richard Sidebottom = Not Present Councilmember Place 4 Melanie Payne - For Mayor Pro Tem Chris Raines - For All approved the motion passed. 4. Adjourn. Mayor Pro Tem Raines adjourned the meeting at 6:12pm. APPROVED: Crystal Cardwell, Mayor Date Jenni Moore, City Secretary Special Meeting Minutes Wednesday, September13,2023 6:00 pm 1. Call to order and announce quorum is present. Mayor Cardwell called the meeting to order at 6:02pm, and announced a quorum was present. Those in attendance were: Mayor Crystal Cardwell, Councilmember Jennifer Hill, Councilmember Melanie Payne, Councilmember Natanial Butler, and City Seçretary. Jenni Moore. Mayor Cardwell led the pledge to thet flag and delivered thei invocation. 2. Pledge of allegiance and invocation. 3. Conduct a public hearing on the annual budget of the City of Newark for the 2023-2024 fiscal Mayor Cardwell opened the Public Hearing at 6:03pm. There were no comments and closed the 4. Discuss, consider and act on an Ordinance adopting the annual budget of the City of Newark for Councilmember Hill made a motion approving Ordinance No. A-547 of the City of Newark, approving making appropriations for the support of the City; appropriating money to a sinking fund to pay interest and principal on the City'si indebtedness; approving and adopting the annual Budget of the City of Newark, Texas for the 2023-2024 Fiscal Year; providing for the filing of the budget in the Office oft the City Secretary; and providing an effective date. Councilmember Butler year. hearing at 6:04pm. the 2023-2024 fiscal year. second the motion. All approved. The motion passed. Roll call vote: Place 1 -J Jennifer Hill- - For Place 2 - Nathanial Butler-For Place 3 -F Richard Sidebottom - Not Present Place 4 - Melanie Payne - For Place 5- Mayor Pro Tem Christopher Raines - Not Present Mayor Cardwell adjourned the meeting at 6:05pm. 5. Meeting adjourn. APPROVED: Crystal Cardwell, Mayor Date Jenni Moore, City Secretary Special Meeting Minutes Monday, September 18, 2023 6:00 pm 1. Call to order and announce quorum is present. Mayor Cardwell called the meeting to order at 6:08pm, and announced a quorum was present. Those in attendance were: Mayor Crystal Cardwell, Mayor Pro Tem Chris Raines, Councilmember Nathanial Butler, Councilmember Jennifer Hill, Councilmember Melanie Payne, City Admin Michelle Peterson, Code Enforcement Officer Devon Kennedy, and City Secretary. Jenni Moore. Mayor Cardwell led the pledge to the flag and Councilmember Hill delivered the invocation. 3. Conduct a public hearing on the proposed tax rate for tax year 2023 at the rate of $0.383221 per one hundred dollars ($100.00) assessed value on all taxable property within the corporate Mayor Cardwell opened the Public Hearing at 6:10 pm. There were no comments and closed the 4. Discuss, considerand act on an Ordinance levying and: adopting an ad valorem property tax rate for tax year 2023 at the rate of $0.383221 per one hundred dollars assessed valuation of all taxable property within the corporate limits of the City of Newark, Texas to provide revenues for current expenses, interest and: sinking fund requirements, and maintenance and operations; Councilmember Hill made a motion to increase the property taxi rate by the adoption of at taxr rate of$0.383221, whichiseffectivelyad 0.536% percent increase int thet taxi rate. Councilmember Butler 2. Pledge of allegiance and invocation. limits of the City of Newark, Texas. hearing at 6:10 pm. and providing due and delinquent dates, penalties and interest. second the motion. All approved. The motion passed. Jennifer Hill: For Nathanial Butler: For Melanie Payne: For Chris Raines: For Richard Sidebottom: Not Present 5. Discuss, consider and act on a Resolution acknowledging that the adoption of the Fiscal Year 2023-2024 Annual Budget requires raising more revenue from property taxes than the previous Councilmember Hill made a motion to approve Resolution No. 365 of the City of Newark ratifying the property tax increased revenue in the Fiscal Year 2023-2024 budget. Councilmember Payne fiscal year and ratifying the property tax increase reflected in the budget. second the motion. All approved. The motion passed. Mayor Cardwell adjourned the meeting at 6:13pm. 6. Meeting adjourn. APPROVED: Crystal Cardwell, Mayor Date Jenni Moore, City Secretary 8:18 AM 09/05/23 Accrual Basis City of Newark Consolidated Fund Expenses by Vendor Summary August 2023 Aug 23 83.90 778.75 699.98 2,997.14 782.00 18.00 570.00 1,042.25 1,110.00 2,267.69 1,338.28 1,970.93 2,460.61 274.20 159.00 60.72 584.59 1,260.89 35.00 12.28 2,325.00 50.00 159.95 1,850.00 1,240.00 92.02 5,000.00 21.65 3,333.33 1,864.50 216.49 630.00 192.10 533.43 28.10 3,385.80 80.00 196.98 57.82 12,711.85 8,321.14 230.27 7.00 5,028.84 12.00 105.54 111.00 2,131.80 1,836.57 239.02 180.00 791.97 89.93 Alert 360 - Central Security Group Amazon/SYNCB American Water College Blue Cross Blue Shield Bureau Veritas City of Newark Curtis Buhrke Devices Inc. DHS Automation, Inc Ditch Witch Equipment DPC Industries, Inc. Ferguson Waterworks Fuelman Grainger Guardian H-3 Oil Pad Humana Insurance CO Iconic IT Intuit Quickbooks James Wood Motors, Inc. Jed Moore Jim Minter Kim's Answering Service Inc. Kinloch Equipment & Supply, Inc L.H. Chaney Materials Local Craft BBQ M 5Drilling M&P Tire Shop Matt Newby Messer, Fort, McDonald Munn's Home and Auto Supply Nathan Silva National Roper's Supply Next Link Internet North Texas Tollway Authority Pace Analytical Services, Inc. Phil Jarmula Pitney Bowes Purchase Power Rausch USA Republic Services Ricoh USA, Inc. Riley Services, Inc. Shell Energy Solutions Splash and Dash Splashtop TCEQ Texas Municipal Retirement System Tri-County Electric Cooperative, Inc. USAI Blue Book Utility Data Systems of Texas, LLC Verizon Wireless Walmart Page 1 8:18 AM 09/05/23 Accrual Basis City of Newark Consolidated Fund Expenses by Vendor Summary August 2023 Aug 23 1,200.00 185.25 8.50 16.79 72,970.85 Water Tank Inspection,LLC. Wise County Messenger Wise County Vehicle registration Zoom TOTAL Page 2 Pinnacle Bank Accounts as of September 05, 2023 Account Nickname GRANT FUND Consolidated Fund Debt Service Reserves Meter Deposits MDD expenditures. Current $1,000.00 $465,653.55 $32,819.85 $634,407.36 $68,787.58 $315,849.14 This account is the pass-through account for grant funds received. This account is the main account that the revenue, expenditure and taxes. This account is for tax revenue and expenditure for the debts such as Certificates of Obligation and long-term loans. This account is a rainy day, emergency fund. This account is for all the Utility deposits the City takes in. This account is for the Municipal Development District sales tax and Date: 9/1/2023 Time: 10:12:15 AM MONTHLY VIOLATION ACTIVITY STATISTICS Information contained here in for YTDi is for 8/1/2023 To 8/31/2023 Information contained here in for Previous YTDi is for 10/1/2021 To8 8/31/2022 Page 1 ytd_sum.rdlc From 8/1/2023 To 8/31/2023 CURRENT MONTH 1 0 1 $281.00 $152.00 $473.00 $5.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $630.00 0 0 0 0 0 0 5 0 YEAR TO DATE 62 2 64 $17,224.00 $5,781.00 $6,327.00 $250.00 $250.00 $0.00 $0.00 $0.00 $15.00 $0.00 $12,623.00 PREVIOUS YTD 52 0 52 $14,754.00 $3,845.00 $4,276.00 $165.00 $150.00 $0.00 $0.00 $0.00 $30.00 $0.00 $8,466.00 VARIATION IN (+/-) VIOLATION ISSUED BY: Municipal Police No LEA 10 2 12 $2,470.00 $1,936.00 $2,051.00 $85.00 $100.00 $0.00 $0.00 $0.00 $-15.00 $0.00 $4,157.00 TOTALS TOTALNEWI FEESL LEVIED: FUNDS COLLECTED: State Taxes: Fines: LEA Fees: Multiuse: D/L Fees: Warrant Fees: Capias Fees: Pay Plan Fees: Collection Fees: TOTALS WARRANT INFORMATION: Warrants Issued: Capias Issued: Warrants Closed: Capias Closed: 0 0 0 0 0 0 111 0 0 0 0 0 0 0 127 0 0 0 0 0 0 0 -16 0 TOTALS TOTALS OTHER INFORMATION: Citations Closed: Failure to Appear: Average current month speeding ticket issued was for 5.0 miles above posted limit. 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Dr. 4275 Sandy Bass 68-2023 2023017057 429SandyB Bass Storage Shed- Accessory Building 7/17/2023 Pigei Femitssedheeties 70-2023 2023-016164 111Cheyennel Trails Accesory Buildingw/ Porch 7/18/2023 Plan Reviewa andl Inspection- (Bureauy Veritas) Plan Reviewa andl Inspection/fBureau Veritas) Inspection OnlyBureauy Veritas) Inspection OnlyBureauy Veritas) Inspection Only- (Bureauy Veritas) Approval PlanR Reviewa andl Inspection- Bureauy Veritas) Inpectionenly-nlouse IntpectionOnlyéuresuv Veritas Health Inspections 9120a3 71-2023 72-2023 2023-018588 503P Pettit 73-2023 74-2023 75-2023 76-2023 77-2023 78-2023 514V WiseSt CoveredporiMwheakahair ramp 7/19/2023 406H HudsonSt ElectricalPermit- Generator 7/25/2023 PASSED PlumbingP Permit PlumbingP Permit ConcretePad NEWBUILD Fence Permit Annual Health Permit 8/14/2023 PASSED 7/24/2023 PASSED 7/24/2023 PASSED 8/8/2023 PASSED 8/17/2023 8/11/2023 PASSED CLOSED CLOSED CLOSED CLOSED CLOSED 510Wise 406Hudsonst 536Wisest. 536PostOak 654FM3433 PAIDUNTIL 1/9/2024 Page2 N 2 9 9 NW $ TMOS energy. Guided by SAFETY 2023 RRM FILING SHUSKY Mid-Tex Division Highlights In2 2022, Atmos Energy spent more than $978 million in capital investment in the Mid-Tex Division and more than 85 toe enhance the safely and reliabilily of our natural gas system. This investment in system modernization also reduçes our environmental impact. Our goal of reducing methane emissions from our distribution system mains and services by 50 percent from 2017 to 2035 is essential to our * x 2 was percent spent environmental commitment. Atmos Energy submitted a Rate Review Mechanism (RRM) filing to the Mid-Tex Division on March 31, 2023, requesting an increase in annual revenues of approximately $120.9 million. DRIVERS BEHIND OUR $120.9M FILING Atmos Energy continues its comprehensive pipe replacement program that prioritizes the replacement of segments based on relative risk by analyzing many factors, including pipe material. This program is based on the company's Distribution Integrily Management plan developed in regulatory requirements. This replacement activily includes all pipe lypes, including steel and plastic, on both mains and 246 Miles of steel pipe replaced in the Mid- Tex Division 13,250 Steel service lines replaced. in the Mid- Tex Division 1.3 million Lines located in the Mid-Tex Division 15,100 Miles surveyed for natural gas emissions in the Mid-Tex Division 4,000 Hazardous leaks caused by excavation damage in the Mid-Tex Division with state federal and compliance service lines. FUELING SAFE AND THRIVING COMMUNITIES In2 2022, Atmos Energy invested more than $7.2 million to provide educational, literacy, financial assistance, and food security resources across the Mid-Tex Division. Fueling bright minds and healthy futures for our kids. Wel believe in making a difference in the lives of children by collaborating with local school districls and education foundations to offer nutritious meals and provide resources to help children read at grade level by third grade toi increase their opporlunities for success. Fueling honor and thanks for our communily heroes. We believe in showing our respech and gratitude to firefighters, police officers, medical teams, other first responders and teachers by providing meals and support throughout the year for our hometown heroes. Fueling hope and growth for our neighbors. We believe in supporling our communities through programs that help eligible customers stay warm with financial assistance to pay their gas bill and upgrade their homes. We proudly support United' Way, The Salvation Army and other local communily welfare organizations so that our neighbors can grow and thrive. 2 Our Customer Bill The average residential customer will see an increase of $7.41 per month. The average commercial customer will see an increase of $27.71 per month. 2023 Timeline Belween January 2022 and December 2022, more than $978 million was spent in the Mid-Tex Division to further enhance the safely and reliabilily of our natural gas system. MARCH 31 Atmos Energy files the RRM. AUGUST Settlement discussions. APRIL 1 ACSC Coalition Review Period begins. SEPTEMBER MAY5 5 Customers receive notice of the RRM filing. OCTOBER 1 Rates are implemented. RRMi is presented to ACSC Cily Councils for approval. RRM FAQ WHY IS ATMOS ENERGY ASKING FOR A RATE ADJUSTMENT? The rates we charge customers coupled with investor and creditor capital - allow US to enhance safely and reliabilily of our natural gas system through pipeline replacement and system modernization. We are requesting an increase in annual revenues of $120.9 million to recover the $978 million of capital spent from January 2022 through December 2022. The Cily Council reviews the rates we charge our customers in the Mid-Tex Division. In Texas, cities have original jurisdiction over natural gas rates. In order to recover costs after they'v ve been spent, natural gas utilities must file direclly with the cities for approval to adjust rates. The Railroad Commission of Texas is the regulatory body for natural gas companies in Texas, with appellate jurisdiction over cities and jurisdiction over areas outside of cily limits. WHAT ROLE DOES THE CITY PLAY IN SETTING NATURAL GAS RATES? WHAT IS THE RRM? The Rate Review Mechanism (RRM) is a fully transparent annual review oft the rates we charge our customers in the Mid-Tex Division. This mechanism was developed by the ACSC Coalition of Cities and Atmos Energy to ensure all of our spending is reviewed annually. It takes into consideration precedent decided by the Railroad Commission of Texas and outlines specific factors such as return on equily, capital structure, and other administrative items, reducing the need for costly litigation that is ultimately borne by our customers. The parties reached a negotiated selllement in nine out oft ten filings from 2013 through 2022. WHAT IS A CAPITAL EXPENDITURE? Just like highways, bridges and other utilily lines across the country, natural gas pipelines must be modernized over time. The associated costs, or capital expenditures, primarily include pipe replacement and repair, service line replacement, growth and fortification oft the natural gas distribution system and overall pipeline integrily. 3 ATMOS energy. Chris Felan Vice President Rates & Regulatory Affairs March 31, 2023 To the Honorable Mayor and City Manager Re: Atmos Energy Corporation Mid-Tex 2023 Ratel Review Mechanism Filing Dear Mayor and City Manager, Through this correspondence, Atmos Energy Corporation, Mid-Tex Division's ("Atmos Energy" or "the Company") is submitting its sixth filing under the Rider RRM - Rate Review Mechanism Tariff. We have attached to the cover letter, an Executive Summary which highlights the details The rates requested by the Company in its 2023 RRM filing do not require any action on the part ofy your City to become effective on October 1, 2023. Ialso wish to make clear that a decision to take no action on the proposed RRM rates will not prevent your City from receiving rates that are more favorable to customers within your city, if such rates are agreed to as part of the RRM process. Ifr more favorable rates are agreed to, the Company will implement those rates in your The Company is committed to working with your representatives to answer any questions regarding the filing during the interim. Should you have any specific questions, please forward them to your local Manager of Public Affairs or to my attention. Additionally, the Company's In closing, I want to say again how much Atmos Energy appreciates your City's willingness to work with the Company in order to reach a mutual agreement that fairly balances the needs ofthe ofthe 2023 RRM Filing. City. filing is posted on its website at www.atmosenergy.com/MTXtarits. Company and the needs of the customer. Sincerely, C Chris Felan Cc: Executive Summary Atmos Energy Corporation 54201 Lyndon! Baines) Johnson Freeway, Suite 1800 P214-206-2568 christopher.t felan@atmosenergy. com August 2, 2023 MODEL STAFF REPORT FOR RESOLUTION OR ORDINANCE BACKGROUND AND SUMMARY The City, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid- Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism ("RRM"), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about March 31, 2023, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2022, entitled it to additional system-wide revenues of $165.9 million. Application of the standards set forth in ACSC'sl RRM Tariff reduces the Company's request to $156.1 million, $113.8: million ofwhich would be applicable to ACSC members. After reviewing the filing and conducting discovery, ACSC'sconsultants concluded that the system-wide deficiency under the RRM regime should be $130.9 million instead oft the claimed $156.1 million. After several settlement meetings, the parties have agreed to settle the case for $142 million. This is a reduction of $23.9 million to the Company's initial request. This includes payment of ACSC's expenses. The settlement also includes an additional $19.5 million for the securitization regulatory asset expenses related to Winter Storm Uri. This was previously approved by the Texas Legislature and Railroad Commission. The Effective Date for new rates is October 1, 2023. ACSC members should take action approving the Resolation/Ondinance before September 30, 2023. RATE TARIFFS Atmos generated rate tariffs attached to the Resolution/Ordinance will generate $142 million in additional revenues. Atmos also prepared a Proof of Revenues supporting the settlement figures. ACSC consultants have agreed that Atmos' Proof of Revenues is accurate. BILLIMPACT The impact of the settlement on average residential rates is an increase of $6.47 on a monthly basis, or 7.31%. The increase for average commercial usage will be $24.72 or 5.19%. Atmos provided bill impact comparisons containing these figures. SUMMARY OF ACSC'SOBJECTIONTOTHE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission's review of annual GRIP filings or allow recovery of Cities' rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC's view, the GRIP process unfairly raises customers' rates without any regulatory oversight. In contrast, thel RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. 2 Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on October 1, 2023, ACSC residents will maintain an economic monthly advantage over GRIP and DARR rates. Comparison to Other Mid-Tex Rates (Residential) Average Bill $42.62 $42.55 $44.39 $44.27 Compared to RRM Cities RRM Cities: DARR: ATM Cities: Environs: ($0.07) $1.77 $1.65 Note: ATM Cities and Environs rates are as-filed. Also note that DARR uses a test year ending in September rather than December. EXPLANATION OF "BE ITI RESOLVED" PARAGRAPHS: 1. This section approves all findings in the Kesolution/Ordinance. 2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just, reasonable, and ini the public interest. 3. This section makes it clear that Cities may challenge future costs associated with gas leaks. 4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an additional $142 million on as system-wide basis. 5. This section approves an exhibit that establishes al benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 6. This section requires the Company to reimburse the City for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Resolution/Ordinance approving new rate tariffs. 7. This section repeals any resolution or ordinance that is inconsistent with the Resolution/Ordinance. 3 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 is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Resolution/Ordinance. This section further directs that the remaining provisions of the Resolation/Ordinance are to be interpreted as if the offending section Or clause never existed. 10. This section provides for an effective date upon passage. 11. This section directs that a copy ofthe signed Resolution/Ordinance be sent to a representative ofthe Company and legal counsel for ACSC. CONCLUSION The Legislature's GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex's claim that its historic cost of service should entitle it to recover $165.9 million in additional system-wide revenues, the RRM settlement at $142 million for ACSC members reflects substantial savings to ACSC cities. Settlement at $142 million is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Resolation/Ordinance before September 30, 2023. New rates become effective October 1,2023. 4 ORDINANCE NO. A-549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK,TEXAS, APPROVING ANEGOTIATEDSETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2023 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SEITLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; 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 City ofNewark, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City 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 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 current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about March 31, 2023 Atmos Mid-Tex filed its 2023 RRM rate request with ACSC Cities based on a test year ending December 31,2022; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2023 RRM filing through its Executive Committee, assisted by ACSC'sattoreys and consultants, to resolve issues identified in the Company's! RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase inl base rates for Atmos Mid-Texots142milion onasystem-wide basis with an Effective Date of October 1,2023; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and WHEREAS, with the exception ofapproved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RMTarifrcontemplates: reimbursement ofA ACSC's reasonable expenses associated with RRM applications; and 2557/36/8645037 2 WHEREAS, the RRM Tariff includes Securitization Interest Regulatory Asset amount of $19.5million; NOW,THEREPORE, BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWARK, TEXAS: Section 1. That the findings set forth in this Ordinance are. hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $142 million on a system-wide basis 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 2023 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 oft the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Texspham-inservice to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. 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 1, are. just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $142 million on a system-wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. 2557/36/8645037 3 Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of ACSC in processing the Company's: 2023 RRM filing. Section 7. That tot the extent any olaimerodmepoiaa, yadopted by the Council isi inconsistent with this Ordinance, iti 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 ifany one or more sections or clauses oft 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 asi ift 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 October 1,2023. Section 11. That a copy ofthis 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 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, atl Lloyd Gosselink Rochelle & Townsend, P.C.,816 Congress. Avenue, Suite 1900, Austin, Texas 78701. 2557/36/8645037 4 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWARK, TEXAS, BY A VOTEOF TO ONTHIS THE21 DAY OF SEPTEMBER 2023. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 2557/36/8645037 5 AWSEHIMM NEWARK sraa TEXAS Phone: 817-489-2201 Webslte: wwanewaratexas.com Address: 209 Hudson St. POI Box 156 Newark, TX76071 Special Event Permit Application Applicants Name:. Laurh Pyk/ Contact Number:. 817-228-1840 Organization Infarmation; OSame as Applicant Organization: Rwtf foPayk Permit Number: Street Address:. l1z 3AlSt Nowavk 110071 Email:. Pakxenuh-mpl.ar Applicanti is, check: allt thata apply: Ofventorgankzer, Oonsitel Emergency Contact Oorganization Representative Contact Person: lawa Address:_ Phone Number: Email: Applicanti Is, check allt that apply:ON Nonprofit OBoard/Committee Oschool O-ayhasOa Event Information: Event Name: CuoinDuys Event) Locationt Mowale Fbptz Selecta allthatapply: EventD Date(s): Oct 14,2023 JotaiFventAltendmneer. unku Delbra DoxyyTANe Vendor Booth(s): Food/Drink (distribute eorsell Omerahama-taisbuers, Amplified: SaungOliveMusie OpMusic Ostage OPammounementufSgperh Activities: Admission: OParade ORun/BikeRace OGames/Crals/Ars Ofnfiatablels) Olamival/Falr Ofree Open tot thel Public Event OFundralsing: Event OTicketed OPrivateE Event Service Néeds: OpoliceSecurity Ofire/EMS OStretClosurels) OParks OSolidWaste Please provide' a brief description ofyour event: Fundnaiory fuvyhe NVFD w/Connival gam, bonerybio, 0 panket Car Shwètz Dayofthev Week Date and) Year Set-UpTime Start Time EndT Time Clean Up/Take Down Day1 Day2 Day3 Day4 Day5 Additional Details as needed: Sat ch14,2o23 7:m l0:am gipna byl 10Rm Page6 AAESISEN2 NEWARK E: STEXAS Phone: 817-489-2201 Wehsite:www.new.newarktexas.com Address: 209 Hudson St, POBox 156 Nowark, TX76071 Public or Private Event Will your event be open to the public? Parade, Block Party, City Streets, Parking Lots Do you plani to close, block, or use: a city street, trail, or sidewalk? Do you plan to close as street that will imipact residents & businesses? Doy you) plan to use a private parking lot or other private property? Food, Drinks, or Merchandise Vendor Booths Willy your vendor(s) serve ors sell food, drinks, andfor merchandise on City property? Willy yous serve ors sell1 food, drinks, and/or merchandise on City property? Willy youl have foodt truok(s) that wills serve or selli food or drinks on City properly? Amplified Sound at Outdoor Festivals and/or Events Will you have amplified sound after 10pm or before 7am? Yes Ifyes,the following isr required: e General Liability Insurance Certificate Yes Ifyes, the following is required: e Street Closure & Notification Form - Street Closure & Notification! Form Letter with Written Pemision-wnshe. Yes lfyes,thef following is required: Vendor List Temporary' Vendor Permit Food Truck Peimit Yes lFyes, the following is required: Letter to Request exception to Noise ordinance, Yes lfyes, the following is required: ) Sign Permit Yes Ifyes, thei following is required: -0 Request Depuly through) wcso Fiin clivy Wal handlewy Advertisement for Event Palice/Security Doy you plan to displays signs Int town for advertising? Will youl bel hiring! Police/Securityi for this event? Sunire Ihereby certifyt thatl Ihave read and examinedithizapplicealigatibnantnow: thes same to! bet true and correct. ordinances governing activitles within thisapplication withint the city! Umits willl be complied with whether specified All provisions or not. ofl Thes laws granting and ofay permit does notp presumet to givea authorjtyto violateor cancel the provisions of any other state or locall lawis. Signature of Applicant: Date: 8-3073 Office Use Only Application submitted on: City Council meeting date: Council notes/comments: Received by: Approved? YES NO Page 6 Bk 14,2023 Ouoin Cup OLDCONC, L// PARKING MAIN STREET MAINSTREET hoclosek Cyrsanp Parking along fbac MH UP FIRE HALL PLAY ARBA 350' MCCANNE STREET MCCANNE STREET 270' NFclosed Nc Special Event Agreement Policies Rental Agreement Rules & Regulations All rentals open tot the public, that advertise, or generate revenue whether for profit or non- profit must have prior approval from the City of Newark staff before the rental date willl be booked. Please note that rental of open space at the parks do not give exclusive usage to the CITY agrees to allow renter use of City property for the date and time stated in the RENTER shall indemnify and hold the CITY harmless from all loss, liability, cost, or damages that may occur or be claimed with respect to any person or property on, in or about the leased premises, or tot the leases prémises themselves, resulting from anyact done or omission by or through RENTER, it's agents, employees, invitees, or any person ont the premises by reason of RENTER's use or occupantyoresulting: from RENTER'snon- use or possession of such property, any and all loss, costs, liability, or expense resulting theret from; and furthera agrees at all timest tomaintainsuch; premises inasafe and careful RENTER acknowledges that the: above-described Events and Activities are not essential services provided bythe City, and are not sponsored by or affiliated with the City. RENTER agrees to pay the full sum listed in the fee schedule at the time of reservations RENTER assumes all supervisory responsibility for all persons present at the facility or RENTER agreest to leave premises ini the same orb better condition than which existed prior to usage. This including putting away all equipment, removing decorations and cleaning up any trash or debris. RENTER agrees tol bag and remove all refuse created by their use RENTER is responsible for the removal oft trash and litter during and aftert their event. Groups in excess of 100 persons are required to remove bags of trashi from the public space the: same day ofthe event. Applicants are not allowed to empty trash cansi into RENTER is responsible to provide an adequate number of toilet facilities, including mobilityi impaired accessible units, at the expense oft the Applicant. RENTER: agrees that no alcoholici beveragesr may be served or consumed on premises, nor RENTER must ensure that adequate permitted parking is secured for the special event. Applicant agrees that parking on non- paved surfaces shall be limited to only those areas specifically designated by the Cityi if on public property. Iti is the applicant's responsibility to contact adjacent property owners and gain written permission to use their property renter/event: ast the parki is a public: space. application. manner. (this includes deposit, permit fees and rental fees.) park during rental. oft thet facility or park. City dumpsters. will there be: any gambling per city ordinances. for overflow parking if sufficient parking is not: available on-site. RENTER will ensure all activities aret to end! by 10:00 PMI unless otherwise arranged with RENTER will ensure themselves and their guests will not carry or discharge any firearm, firecrackers, rockets, torpedoes, or any other firework, air gun, BB gun, bow and arrow and/ors slingshots. RENTER agrees to report any problems with the facility or parkt to City The CITY reserves the right to cancel RENTER'S reservations if the RENTER is in violations of any of thet terms of this Agreement ori ifsuch rental is deemed not in the best interest RENTER will ensure there arel noi fires lit at cityt facilities or parks unless a designated RENTER cannot collect fees on the premises without previous approval byt the Cityo of RENTER and their guests will not sell or offer any food, drinks, confections, merchandise or services unless proper permission and permits are obtained through CITY staff. Waiver Statement:! Ihereby absolve the City of Newark and all ofi its employees or agents of damages arising fromi injury received by the renter or participates involved ini this activity whether due to negligent acts or omissions of said parties, other participants or otherwise. rules governing the use: and care of the City of Newark parks or facilities and surrounding areas. lagree to abide by the provisions therein. The city reserves the right toi refuse rental to any person or party deemedi tol have been iny violation of the agreement & rules. Additionally, any person or party deemed tol be violation may-beasked to leave the city property and surrounding City Staff. Hall. RENTER: shall comply with all federal, state and local laws. oft the CITY. space is provided by the CITY. Newark: staff. lar ke acknowledge thatlhave read the rental agreement & area at any time by city officiats. Applicant'sSignature, Date 8-30-23 V AWISE DFGNNG NEWARK Phone: 817-489-2201 Mas-RcOANRNSN Address: 2091 Hudson St. POBox156 Newark,TX76071 TEXAS Sign Permit Application Date:. 16-30-23 EvertPaune Owner: laura Pghc/ls Address: le/2 Borbe Sr Aak 17607/ Phone number_ 81-728-1890 Zoning District: ? Permit Fee: Type of Sign:. Portabk hempoay 1-5X0 -See AtachQ Phuto 3 Complete description of proposed: sign: (Please draw to scale) Attached... Attached... loxy Baner Drawing oft the lot plan, showing all existing signs and proposed sign location. Approved: Disapproved: Signed: Date: City of Newark Representative Sign Permit Fee Fees for a permit to erect, construct, or relocate a sign: SignType Non-Residential. Sign Banner Portable Sign Temporary: Sign Temporary Real Estate directional sign Vehicular Sign Window Sign Political Sign Real Estate Sign Permit Fee Based on' Valuation $15.00 $250.00/annually $15.00 $15.00 per signs No Fee $15.00 Nol Fee No Fee a Red liglet Indersichon SUNBELT GREDIT TAX TIME TAX REFUND ADVANGE fS UP TOe F FREE - : ESTIMATES $1500 672-AA64 - Cruoin Days MEDTX.Con 3 Sot Oct - 14 Delora Peakhe 76 104 7pm 1.Qs 2. Centl/718 3.718 /Hudson Pavke Banjefs 1:3 s Placed back -fom Rigltsjwary A6WNG NEWARK 163: TEXAS City ofNewark Street Closure Request Event Name: Cnelin Deys Contact's Name; Ioura Pu/ol Event Date: Oet 14,2023 Phone & E-mail: 817-228-1870 Parksoneuark Event's' Website: NVFD dImsoin Dop FBpag 4RkRsCon Event Hours: Starting: 0am Roads Affected: Street Name: 3433 718 Cohul Honery Ending' Time: Full gpm Closing 9:45 9:45 gam 9 am 4:45 9:45 9:45 9:45 maaMlaatvaseRtP. Change, Partial Opening Date /Time: lo.ys 10:45 9pm gpm 10:45 10:45 10:4s 10'4s From: To: Closure Cosure Date/Time: Closure Information 9:45 10:46 tudsbn ihon H/Park BabEEd parade Ptfan!l-gne ForParade Wwise QGhal I-S T Paude Halbert Jevny Tylr dK hR VFD wilhelp WHayhio. Iherehy certify that II have read and examined this application and know the same tol bet true and correct. All provisions of laws and ordinances gowerning street dosures within the dity limits willl be complied with whether specified or not.The granting ofa aj permit does-not presume to give authoritytov violate or cancel the provisions state or local laws. 8-30-23 Signature of Applicant: Date: Office Use Only Received by: Approved? YES NO Application submitted on: City Council: meeting date: Page 6 GOVERNMENT CAPITAL CORPORATION August 8, 2023 Mrs. Jenni Moore Newark City Hall (817) 489-2201 morenewarktexas.com Dear Mrs. Moore, Thank you for the opportunity to present proposed financing for City of Newark. Iam submitting for your review the following proposed structure: ISSUER: FINANCING STRUCTURE: EQUIPMENT COST: TERM: INTEREST RATE: PAYMENT AMOUNT: PAYMENTS BEGINNING: City of Newark, Texas Public Property Finance Contract issued under Local Government Code Section 271.005 $43,651.00 3Annual Payments 6.236% $16,754.70 5 Annual Payments 6.236% $10,653.69 October 2024 and annually thereafter Financing for these projects would be simple, fast and easy due to the fact that: We have an existing relationship with you and have your financial statements on file, expediting the process. Please keep in mind we may also need current year statements. The above payment amount includes all applicable fees expressed as 0.01. These costs can include documentation fees, legal fees, issuance expenses, etc. The above proposal is subject to audit analysis, assumes bank qualification and mutually acceptable documentation. The terms outlined herein are based on current markets. Upon credit approval, rates may be locked for up to thirty (30) days. Iffunding does not occur within this time period, rates will be indexed to markets at such time. Our finance programs are flexible and as always, my job is to make sure you have the best possible experience every time you interact with our brand. We're always open to feedback on how to make your experience better. If you have any questions regarding other payment terms, frequencies or conditions, We can provide familiar documentation for your legal counsel. please do not hesitate to call. With Best Regards, stephanteCates Stephanie Cates SVP Client Services Main: 817-421-5400 Then transaction describedhereini is an arm's lengih, commercial transactiont herween) yond anl Government apital Corporation. The perms the aret beingprovideds solelyi in response lay yours specific inguiry and/ firy your profèssional consideration ofu proposed) financing jmoore newarktexas.com From: Sent: To: Subject: Follow Up Flag: Flag Status: Jenni, Valerie Halverson vaveronemwnpcom, Friday, September 15, 2023 11:12 AM jmoore newarktexas.com City of Newark Audit Fee Proposal Follow up Flagged Thank you for reaching out ont the audit status - it was nice to visit with you! Ihave looked through the information you provided, researched the City, and discussed the: situation with my partners. Iknow we discussed this on the phone, but Iwanted to reiterate that the fees we originally proposed to the City were much lower than a typical audit and were proposed with the expectation that Mr. Spore would prepare all reconciliations, adjustments, and the audit report, which is a substantial amount of work. Additionally, we have seen significant changes in the market since this agreement was originally entered into in 2021, creating an even bigger divide Oura audit fees for cities that are around the size of Newark with similar service offerings range between $14,000- $17,000, depending on the level of activity and how clean the records are when we start the audit. Obviously, this is significantly more than what you are: accustomed to paying, and we do not wanty you to feel like we are trying to take advantage oft this tough situation. At the same time, our costs have increased significantly, and our schedule is full with more requests for new audits regularly. We hope that we can come to an agreement that feels fair for the City and our Iknow that'sal lot of explanation when you're really looking for a number, but Iwanted to give you that information to With all oft those factors in mind, IV would like to propose the following fee ranges for each oft the next 3 audit years: between the proposed 2021 fee and the cost/staff time required to perform the audit. firm. provide al little more context for my fee proposal. 2021:512,000-513,500 2022:913.500-915,00 2023:915,000-16.500 The above structure would stairstepi the fees into our typical fee arrangement. Ifour time and expenses are less than the proposed range, we will bill you the lower amount. Ifwei find that the audit is not as big of a time commitment asl expect, then we can certainly re-negotiate at that time. However, if this audit is like the other similar cities, it's likely that our time will be quite a bit higher than the proposed range, but we will not bill you more than the high end of the range unless there are extenuating circumstances that we discuss and agree to before any additional bills are sent. Please feel free to reach out if you would like to discuss in more detail. Thank you for your consideration. Valerie 1 Valerie Halverson, CPA Shareholder Please visit our website: www.mwhpc.com MWHGRQUP KOMIVANTI ASAAMEAKKCVAN MWH Group, P.C. P.O. Box 97000 Wichita Falls, Texas 76307-7000 940-723-1471 (tel) 940-227-4637 (direct) naverson@mwnpc.com addressed herein. 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