Giagaule SEAGOVILLE, TEXAS CITY COUNCIL MEETING AGENDAS MONDAV,APAIL3.207 City Council Chambers, City Hall 702 N. Hwy 175 Seagoville, Texas 75159 WORK SESSION - 6:30 P.M. Call to Order A. Community CPR Program (Fire Chief) B. Discuss Regular Session Agenda Items Adjourn REGULAR SESSION - 7:00 P.M. ROUTINE ANNOUNCEMENIS. RECOGNITIONS., and PROCLAMATIONS Call to Order Invocation Pledge of Allegiance Mayor's Report Proclamation- Public Safety Telecommunicator Week Presentation from the Keep Seagoville Beautiful Board Citizens Public Comment Period for Posted Agenda Items- Each speaker will be allowed six (6) minutes to address the council on any item on the agenda except for Public Hearing items. Those wishing to speak shall submit a Speaker Request Form to the City Secretary. CONSENT AGENDA- The Consent Agenda contains items which are routine in nature and 1. Consider approving City Council meeting minutes for March 20 and March 27, 2. Consider approving a resolution authorizing the City Manager to sign an Interlocal Cooperation Agreement by and between the Seagoville Police Department and the will be acted upon in one motion. 2017 (City Secretary) Seagoville City Council April3,2017 Dallas Independent School District Police Department for the purpose of clarifying jurisdiction, defining parameters and areas of responsibility, and establishing a spirit of cooperation to enhance the services that both agencies provide to the citizens and DISD schools located in the City of Seagoville (Police) REGULAR AGENDA- 3. Discuss the current Code of Ordinances, Article 9.04 "Fireworks", Section 9.04.001(b)(2), regarding expiration of provisions, and provide direction to staff 4. Discuss enforcement of established residential speed limits, and provide direction to staff regarding additional measures and/or options (City Manager) 5. Discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 19, Division 2. "Parking Regulations for Specific Streets", by repealing and replacing Subsection 17.04.064 to provide for extended no parking on the north and south sides of the westbound U.S. Highway 175 service road, from FM 1389 to the 6. Discuss and consider approving a resolution suspending the April 17, 2017 effective date of Oncor Electric Delivery Company's requested rate change (City Manager) 7. Receive Councilmember Reports/Items of Community Interest- as authorized by 8.1 Receive Citizen Comments - Citizens may speak 61 minutes each on any matter not on the agenda, other than personnel matters or matters under litigation. The council may not discuss these items, but may respond with factual data or policy information, or place the item on a future agenda. Those wishing to speak shall submit a Speaker Request Form to 9. Future Agenda Items - Council to provide direction to staff regarding future agenda items. These items will not be discussed and no action will be taken at this meeting. regarding potential amendments (Councilmember Fruin) Kaufman County/Dallas County line (Police) Section 551.0415 ofthe Texas Government Code. the City Secretary. Adjourn Posted'Thursday, March 30, 2017 by 5:001 P.M. Cshalurk Christie Wilson, Interim City Secretary E XAS 2 Seagoville City Council April3,2017 As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed executive session for the purpose of seeking confidential legal advice from the City Attorney on The City of Seagoville does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities. Ifyou have a request for services that will make this program accessible toy you, please contact the City of Seagoville at least 72 hours in advance at (972) any agenda item listed herein. 287-6819. (TDD access -800-RELAY-TX) DATESTO REMEMBER Monday, April 17,2017 is the next regular City Council meeting. 3 fsatle SgmOhman WHEREAS, emergencies can occur at any time that require police, fire or emergency medical WHEREAS, Public Safety Telecommunicators are the first and most critical contact our WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and services; and, citizens have with emergency services; and, accuracy of information obtained from citizens who telephone the Seagoville Police-Fire Communications Center; and, WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and, WHEREAS, Public Safety Telecommunicators of the City of Seagoville have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and, WHEREAS, each Public Safety Telecommunicator has exhibited compassion, understanding and professionalism during the performance oftheirj job in the past year. NOW, THEREFORE, IT IS PROCLAIMED by the Mayor and City Council of the City of Seagoville, Texas, the week of April 9-15, 2017 to be National Public Safety Teleemmunicators Week in Seagoville, Texas, in honor of the men and women whose diligence and professionalism keep our city and citizens safe. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Seagoville to be affixed this the 3rd day of April, 2017. Slayor Oenmis SBhillreb Phe Gy gOgorilles Pexs Consent Agenda Item: 1 Meeting Date: April 3, 2017 Consider approving City Council meeting minutes for March 20 and March 27, 2017 (City Secretary) ITEM DESCRIPTION: Approve work session and regular session city council meeting minutes for March 20, and special session minutes for March 27,2017. BACKGROUND OF ISSUE: N/A NANCIALIMPACT: N/A RECOMMENDATION: Staff recommends approval. EXHIBITS March 20, 2017 Work Session Meeting Minutes March 20, 2017 Regular Session Meeting Minutes March 27, 2017 Special Session Minutes faonille MINUTES OF CITY COUNCIL WORK SESSION MARCH 20, 2017 The Work Session of the City Council of the City of Seagoville, Texas was called to order at 6:32 p.m. on Monday, March 20, 2017, at City Hall, 702 N. Hwy 175, Seagoville, Texas with a quorum present, to wit: Dennis Childress Jose Hernandez Rick Howard Harold Magill Mike Fruin Jon Epps Mayor Mayor Pro" Tem Councilmember Councilmember Councilmember Councilmember The following staff members were also present: City Manager Patrick Stallings, Police Chief Ray Calverley, Community Development Director Ladis Barr, City Attorney Alexis Allen, Finance Director Patrick Harvey, Seagoville Economic Development Director Kirk Clennan, Fire ChiefTodd Gilcrease, and Interim City Secretary Christie Wilson. A. MetLoop Weather Notification Presentation (Fire Chief) Chief Gilcrease introduced Markus Young, Director of Client Relations for MetLoop, which is a privately owned company the city has contracted with to provide more precise weather notifications than the National Weather Service can provide. Mr. Young showed a video featuring WFAA Meteorologist Pete Delkus who explained how MetLoop can pinpoint "focus zones" and be able to provide severe weather information (Outlooks) to subscribers with 95% accuracy. The service is available by subscription to residents as well and the city will pass along the information through water bill and Facebook notifications. B. Laserfiche Document Imaging Demonstration (City Secretary) Interim City Secretary reviewed the newly installed document imaging system with the council. C. Discuss Regular Session Agenda Items 1. Consider approving City Council meeting minutes for March 6, 2017 (City Secretary) 2. Consider approving a resolution authorizing the City Manager to sign an Interlocal Cooperation/Mutual Aid Agreement with the Southern Regional Response Group for Seagoville City Council March 20, 2017 Specialized Emergency Response Services and Resources and authorize the expense of $7,500 toj participate, as budgeted in the FY 2016-17 municipal budget (Police) 3. Consider approving a resolution authorizing the Mayor to sign an Interlocal Cooperative contract with the Texas Department of Public Safety for the purchase of certain supplies 4. Consider approving a resolution supporting House Bill 1427 which amends Section 41.005 of the Texas Utilities Code to clarify that a municipality may regulate the operations of an electric cooperative through the city'szoning ordinance (Council) 5. Receive presentation on the Dallas Independent School District P-Tech Program and consider approving ai resolution in support oft the P-Tech Program (City Manager) 6. Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract for paving of four streets in the Director Ladis Barr reviewed this project. Engineer Andy Martin answered questions relating to the planned construction of the streets. Mr. Martin said there will be a 10" lime subgrade and 2" of asphalt on the surface. Concrete curb and gutters will help stabilized the construction materials. Lifespan oft the roads is expected to be 20 years, if they are properly maintained. The benefits of crack sealing were discussed. Water and 7. Discuss, consider and take action on Seagoville Economic Development Board recommendation of Kaufman Street area change orders related to utility infrastructure Director Kirk Clennan told the council that recent renovations to 103 N. Kaufman revealed the need for sewer line replacement for the adjacent addresses due to poor design of the original installation several years ago. Seven change orders were included 8. Discuss and consider approving an ordinance amending the FY 2015-2016 municipal Director Harvey explained this ordinance will redistribute some revenues to cover 9. Discuss and consider approving a resolution authorizing the City Manager to purchase electricity by negotiating the lowest possible price, and entering into an agreement with a Director Harvey stated that in anticipation of future cost increases in electricity, he is recommending the city enter into aj five (5). year contract with ENGIE beginning in 2018. (Police) Woodhaven Addition (Community Development) wastewater lines have already been replaced on these streets. improvements (SEDC) ini the packet however only six (6) are being requested at this time. budget (Finance) expenses in other areas, resulting in ai more accurate budget. retail electricity provider (Finance) 2 Seagoville City Council March 20, 2017 The rate will be only slightly higher than the city is currently paying. He requested that a provision in the contract regarding location of dispute resolution be changed from Harris County to Dallas County. There was considerable discussion among council members regarding the pass though surcharge, or congestion fee, that might be addedi to 10. Discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 21, "Building Regulations" by repealing and replacing Article 21.08, "Fences", in its entirety and replacing with a new Article 21.08, "Fences", Sections 21.08.001 through 21.08.018, adding definitions, permissible types, permissible locations, required maintenance, and required building permits (Community Development) Director Barr told the council the fence ordinance is essentially the one they. first saw in June 2016. He told the council he wants to change wording in one section, plus the the rate ini the event ofi peak usage times. ordinance now includes an appeal process. Adjourned at 7:24 p.m. APPROVED: Mayor Dennis K. Childress ATTEST: Christie Wilson, Interim City Secretary 3 Gsonule MINUTES OF CITY COUNCIL REGULAR SESSION MARCH 20, 2017 The Regular Session of the City Council of the City of Seagoville, Texas was called to order at 7:33 p.m. on Monday, March 20, 2017, at City Hall, 702 N. Hwy 175, Seagoville, Texas with a quorum present, to wit: Dennis Childress Jose Hernandez Rick Howard Harold Magill Mike Fruin Jon Epps Mayor Mayor Pro Tem Councilmember Councilmember Councimember Councilmember (absent) The following staff members were also present: City Manager Patrick Stallings, Police Chief Ray Calverley, Community Development Director Ladis Barr, City Attorney Alexis Allen, Finance Director Patrick Harvey, Seagoville Economic Development Director Kirk Clennan, and ROUTINE ANNOUNCEMENIS. RECOGNITIONS., and PROCLAMATIONS Interim City Secretary Christie Wilson. Call to Order Invocation - Mayor Childress Pledge of Allegiance Mayor's Report- Mayor Childress acknowledged that Councilmember Fruin should be congratulated for being unopposed in the election and that he will serve another term. Citizens Public Comment Period for Posted Agenda Items- No speakers. CONSENT AGENDA- The Consent Agenda contains items which are routine in nature and 1. Consider approving City Council meeting minutes for March 6, 2017 (City 2. Consider approving a resolution authorizing the City Manager to sign an Interlocal Cooperation/Mutual Aid Agreement with the Southern Regional Response Group for Specialized Emergency Response Services and Resources and authorize the expense of $7,500 to participate, as budgeted in the FY 2016-17 municipal budget 3. Consider approving a resolution authorizing the Mayor to sign an Interlocal Cooperative contract with the Texas Department of Public Safety for the purchase will be acted upon in one motion. Secretary) (Police) of certain supplies (Police) Seagoville City Council March 20, 2017 4. Consider approving a resolution supporting House Bill 1427 which amends Section 41.005 of the Texas Utilities Code to clarify that a municipality may regulate the operations of an electric cooperative through the city's zoning ordinance (Council) Motion to approve above Consent Agenda items- Magill; second by Hernandez; motion passed with all ayes. REGULAR AGENDA- 5. Receive presentation on the Dallas Independent School District P-Tech Program and consider approving a resolution in support of the P-Tech Program (City Representatives from Seagoville High School came to explain the P-Tech Program and how it addresses the needs of students in Seagoville. The components of the program were provided as well as statistics. Mayor Childress read a resolution in support of the Manager) program. Motion to approve- Hernandez; second by Howard; motion passed with all ayes. 6. Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract for paving of four streets in the Community Development Director Ladis Barr reviewed the scope of this roadway Woodhaven Addition (Community Development) replacement project. There were: no questions from council. Motion to approve- Hernandez; second by Howard; motion passed with all ayes except. for 7. Discuss, consider and take action on Seagoville Economic Development Board recommendation of Kaufman Street area change orders related to utility Director Kirk Clennan reviewed the requested changed orders. It was noted that #7 should not have been included in this request. Councilmember Fruin requested the item be tabled until the corrections to the information could be made. Councilmember Hernandez, who is also an SEDC board member, explained the funding source is the EDC reserve fund. Councilmember Fruin further expressed that with spending the amount of money on the buildings as requested, it would take a long time to realize a Magill who voted no; [Epps was absent). infrastructure improvements (SEDC) return on the investment. Motion to approve $50,000 for six (6) change orders (not #7)- Hernandez; second by Magill; motion passed with all ayes exceptfor Fruin who voted no. [Epps was absent). 2 Seagoville City Council March 20, 2017 8. Discuss and consider approving an ordinance amending the FY 2015-2016 Finance Director Patrick Harvey explained that moving funds from revenue accounts will help to correct an imbalance that occurred due to overages in Sanitation and Non- municipal budget (Finance) Departmental accounts. Motion to approve- Hernandez; second by Howard; motion passed with all ayes. 9. Discuss and consider approving a resolution authorizing the City Manager to purchase electricity by negotiating the lowest possible price, and entering into an Director Harvey requested the city take advantage of an opportunity to secure electric rates for the city beginning 2018 that are similar to the current contract rates. The rate is locked in for 5 years with the exception of added "congestion" rates that might occur during peak usage time. The consultant retained by the city to aid in searching for ai new contract, Mark Boyd with Victory Power Solutions, was present and answered questions agreement with a retail electricity provider (Finance) from the council. Motion to approve with a change to the venue. for disputes being changed to Dallas County- Fruin; second by Howard; motion passed with all ayes except for Hernandez who voted no; 10. Discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 21, "Building Regulations" by repealing and replacing Article 21.08, "Fences", in its entirety and replacing with a new Article 21.08, "Fences", Sections 21.08.001 through 21.08.018, adding definitions, permissible types, permissible locations, required maintenance, and required building permits (Community Councilmember Magill requested a change to the definition for decorative fence in areas zone. Agricultural sO those property owners could install a fence in the front of residences taller than 42". It was requested the change be applied to residential properties one (1) acre or larger. Director Barr also advised of another change staff is recommending to [Epps was absent] Development) Section 21.08.010 (5)t to allow replacement with 4x4 wood posts. Motion to approve as discussed (re: 1 acre or more) and include the recommended change to 11. Receive Councilmember Reports/Items of Community Interest- Councilmember Hernandez announced the Small Farm & Ranch Roundup on March 23, 2017 and the 21.08.010 (5)- Hernandez; second by Fruin; motion passed with all ayes. Inaugural North Texas Poultry Showcase on April 8, 2017. 12. Receive Citizen Comments - No speakers. 13. Future. Agenda Items-C Councilmember Magill requested crack seal on Prescott Lane. 3 Seagoville City Council Adjourned at 8:50 p.m. March 20, 2017 APPROVED: Mayor Dennis K. Childress ATTEST: Christie Wilson, Interim City Secretary 4 Giagale MINUTES OF CITY COUNCIL SPECIALSESSION MARCH27,2017 The Special Session of the City Council of the City of Seagoville, Texas was called to order at 12:01 p.m. on Monday, March 27, 2017, at City Hall, 702 N. Hwy 175, Seagoville, Texas with a quorum present, to wit: Dennis Childress Jose Hernandez Rick Howard Harold Magill Mike Fruin Jon Epps Mayor Mayor Pro Tem (absent) Councilmember Councilmember (arrived 12:15 p.m.) Councilmember Councilmember The following staff members were also present: City Manager Patrick Stallings, Interim City Secretary Christie Wilson, Human Resources Director Cindy Brown, Library Director Liz Gant, and Shirley Booth, Payroll Administrator. Katie Corder from SGR was present as well. 1. Executive Session Council shall convene into a closed executive session pursuant to Section 551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofa public officer or employee, to wit: City Secretary. Executive Session was convened at 12:02 p.m. 2. Reconvened Open Session at 4:43 p.m. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a Motion to make an employment officer to Kandi Jackson as discussed in executive session- Magill; second by Epps; motion passed with all ayes Hernandez absent! public officer or employee, to wit: City Secretary. Adjourned at 4:44 p.m. APPROVED: Dennis K. Childress, Mayor ATTEST: Christie Wilson, Interim City Secretary Consent Agenda Item: 2 Meeting Date: April3,2017 Consider approving a resolution authorizing the Cily Manager to sign an Interlocal Cooperation Agreement by and between the Seagoville Police Department and the Dallas Independent School District Police Department for the purpose of clarifying jurisdiction, defining parameters and areas of responsibility, and establishing a spirit of cooperation to enhance the. services that both agencies provide to the citizens and DISD schools located in the City of Seagoville (Police) ITEM DESCRIPTION: This resolution authorizes the City Manager to sign an Interlocal Agreement with the Dallas Independent School District. for the purpose of setting out a common understanding of the policies and procedures that the Seagoville Police Department and the Dallas I.S.D. Police Department will follow in providing police service to Dallas I.S.D. Schools located in the City of Seagoville, Dallas County, Texas. This Inter-local Agreement is intended to clarify jurisdiction, defined parameters and areas of responsibility, and to establish a spirit of cooperation to enhance the services that both agencies provide to the citizens residing within the city limits of Seagoville, in accordance with the provisions of the Texas Education Code, Section 37.081. BACKGROUND OF ISSUE: The Dallas Independent School District operates three (3) elementary schools and owns one inactive school site within the city limits of Seagoville. At some point, these locations may need law enforcement service of one form or another to deal with situations that require a law enforcement response. The proposed Interlocal Agreement sets out defined responsibilities for and expectations of both the Seagoville Police Department and the Dallas ISD Police Department. Having a formal Interlocal Agreement, allows law enforcement to have clear expectations oftheir authority when called upon. FINANCIAL IMPACT: LEGAL ISSUES Independent School District. EXHIBITS Interlocal Agreement Resolution There are no financial impacts concerning this proposed agreement. The City Attorney has reviewed and approved the attached Interlocal Agreement with Dallas INTERLOCAL, AGREEMENT Between AND DEPARTMENT CITYC OFSEAGOVILLE, on behalf ofi its POLICE DEPARTMENT DALLAS. INDEPENDENT SCHOOL DISTRICT, on behalf of its POLICE This Interlocal Agreement (IA) is being executed by the Dallas Independent School District, on behalf ofi its Police Department in conjunction with the City of Seagoville, on behalf ofi its Police Department. These departments: agree toa abide byt thet terms and provisions oft thisl IA throughout the duration of this agreement. PURPOSE The purpose of this IA is to: set out a common understanding of the policies and procedures that the Seagoville! Police Department, and the Dallas ISDI Police Department will follow inj providing police service to Dallas ISD schools in the City of Seagoville, Dallas County and/or The State of Texas. This IA is a formal agreement to clarify jurisdiction, define parameters and areas of responsibilities, and to establishas spiritofc cooperation to enhance the services that both agencies provide to the citizens residing within the city limits of Seagoville, in accordance with the provisions of the Texas Education Code, Section 37.081. MISSION The mission of this IA is to provide better utilization of resources by the Seagoville Police Department and Dallas ISDPolicel Department. Purther,twilsubslantaly increase cooperation between these two departments eliminating waste of public resources and resulting in better accumulation of crime analysis data and ultimately providing the safestenvironment possible: for the school children of Dallas ISD and reducing crime in the Seagoville city limits. SERVICES PROVIDED AND RESPONSIBILITIES OF THE SEAGOVILLE POLICE Seagoville Police Department Public Information Office shall notify the Dallas ISD Communications Office, prior to releasing information to the media or public, inj joint cases involving students, district employees, crimes involving district property or where the investigation involves the mutual interest of both the Dallas ISD and Seagoville Police The Seagoville Police Department will continue as the lead agency in the reporting and investigating of major crimes against person crimes reported by Dallas ISD, including Seagoville Police Department agrees to coordinate warrant service on Dallas ISD property The Seagoville Police Department agrees to continue as the lead agency in response to barricaded person or hostage incidents occurring on Dallas ISD campuses. The Seagoville Police Department will provide Gang unit assistance as available, and share intelligencei information regarding campus crime with Dallas ISDI Police Department. DEPARTMENT Department. homicide, kidnapping, and suicide. with the Dallas ISDI Police Department. INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEAGOVILLE, on behalf of its POLICE DEPARTMENT AND THE DALLAS INDEPENDENT SCHOOL DISTRICT, on behalf ofi its FOLICEDEPAKIMENT Page2 The Seagoville Police Department will notify Dallas ISD Police Department of any "undercover" investigation prior to commencing on any Dallas ISD campus(s) or facilities, The Seagoville Police Department will agree to provide officer safety assistance and assist officer back-up to officers employed by the Dallas ISD Police Department when requested, and to the degree necessary to ensurei the safety of Dallas ISD: Police Officers. The Seagoville Police Department agrees toj provide continued access to specialized services for all campuses and facilities in thei interest of] public safety. The Seagoville Policel Department: agrees tol bei thel lead agency ini responding toactives shooter calls on Dallas ISD campuses located within the city limits of Seagoville, Texas. The! Seagoville Police Department agrees toj provide the Dallas ISD Police Department with Uniform Crime Report and crime analysis and statistics of offenses occurring on Dallas ISD SERVICES PROVIDED AND RESPONSIBILITIES OF THE DALLAS INDEPENDENT Dallas ISD: Police Department willi initiate a crime offense report and investigate all crimes on Thel Dallas ISD Police Department will provideofficer: safety assistance and assist with officer back-up to officers employed by the Seagoville Police Department whenrequested,: and tot the Dallas ISD Police Department agrees to coordinate warrant service with the appropriate Dallas ISD Police Department will share gang intelligence with the Seagoville Police Dallas ISD Police Department or Dallas ISD Communications Department shall notify the Seagoville Police Department Publicl Information Officer, prior tor releasingi information to the media or public, in joint cases where the investigation involves the mutual interest of both fors safety of officers and students. property. SCHOOL DISTRICTP POLICE DEPARTMENT: Dallas ISD campuses and facilities. degree necessary to ensure the safety of Seagoville Police Officers. Seagoville Police Department Patrol Division. Department on a continuous basis. Seagoville Police Department and thel Dallas ISD. DURATION: This agreement willl bee effective from the date that the agreement hasl been fully executed by both parties to September 01, 2020. This agreement may be renewed for 3one-year terms by thel Dallas ISD Police Department providing Seagoville Police Department with a written notice of its intention to renew not later than thirty (30) days prior to the expiration of the then current term. Each party will be responsible for their own costs and expenses related to the services provided Nothing contained in this agreement shall waive the respective immunities of the City of in the Interlocal Agreement. Seagoville and Dallas Independent School District. INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEAGOVILLE, on behalf of its POLICE DEPARTMENT AND THE DALLAS INDEPENDENT SCHOOL DISTRICT, on behalf ofi its POLICE DEPARTMENT Page3 SIGNATORIES For the City of Seagoville: City Manager City of City of Seagoville ATTEST: City Secretary City of City of Seagoville Approved as to form: Date Date City Attorney Date For the Dallas Independent School District: Board President Dallas ISD ATTEST BY: Board President Date Approved as to form: School Attorney Date CITYOFSEAGOVILLE,TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAGOVILLE, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT WITH THE DALLAS INDEPENDENT SCHOOL DISTRICT FOR THE PURPOSE OF SETTING OUT A COMMON UNDERSTANDING OF THE POLICIES AND PROCEDURES THAT THE SEAGOVILLE POLICE DEPARTMENT WILL FOLLOW IN PROVIDING SERVICE TO THE DALLAS ISD SCHOOLS LOCATED WITHIN THE CITY OF SEAGOVILLE, TEXAS INCORPORATED CITY LIMITS; APPROVING CONDITIONS OF THE INTERLOCAL AGREEMENT; CLARIFYING JUSRISDICTION: DEFINING PARARMETERS AND AREA OF RESPONSIBILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the! Seagoville City Council supportsacooperative working relationship with Dallas WHEREAS, the City Council recognizes the efforts of the Seagoville Police Department to work collaboratively with the Dallas Independent School District to provide police service to the Dallas Independent School District schools located within the City of Seagoville WHEREAS, the City Council further recognizes the need to clarify jurisdiction, define parameters and areas of responsibilities and to establish a spirit of cooperation to enhance the services that both agencies provide to the citizens residing in the City of Seagoville. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Section 1. That the City Council hereby approves the terms and conditions of the Interlocal Agreement between the City of Seagoville and the Dallas Independent School District, which is attached hereto and incorporated herein as Exhibit "A", and authorizes the City Manager to execute such Agreement by and between the City of Seagoville and the Dallas Independent Section 2. That this Resolution shall take effect immediately from and after its adoption and it Independent School District; and incorporated city limits; and SEAGOVILLE,TEXASTHAT: School District. issoresolved. PASSED AND APPROVED by the City Council of the City of Seagoville, Texas, this the 3rd day of April, 2017. APPROVED: Dennis K. Childress, Mayor ATTEST: Christie Wilson, Interim City Secretary APPROVED ASTOI FORM: Alexis G. Allen, City Attorney Regular Agenda Item: 3 Meeting Date: April3,2017 Discuss the current Code of Ordinances, Article 9.04 "Fireworks", Section 9.04.001(b)(2), regarding expiration of provisions, and provide direction to staff regarding potential amendments (Councilmember Fruin) ITEM DESCRIPTION: 9.04.001(b)(2) beyond 2022. BACKGROUND OF ISSUE: Councimember Fruin requested a discussion on possibly extending the deadline stated in Article 9.04 oft the Code of Ordinances was adopted on December 19, 2016. Section 9.04.001(b) (2)property continuous on the north side of SH 175 which was annexed into the city after May provides that the ordinance shall not apply to (1).... 1,2012. The provision of that section expires on April 30, 2022. The area in question on this matter is Planned Development 13-01. FINANCIAL IMPACT: NA RECOMMENDATION: EXHIBITS: Ordinance 37-16 adopted December 19, 2016 amending Chapter 9 ofthe Code ofOrdinances, Article 9.04, "Fireworks" THE CITY OF SEAGOVILLE, TEXAS ORDINANCENO.37-16 AN ORDINANCE OF THE CITY OF SEAGOVILLE, TEXAS, AMENDING CHAPTER 9, FIRE PREVENTION AND PROTECTION, ARTICLE 9.04, FIREWORKS", OF THE CODE OF ORDINANCES BY AMENDING SUBSECTION 9.04.001 (A) TO PROHIBIT THE POSSESSION, USE OR DISCHARGE OF FIREWORKS WITHIN THE CITY; AMENDING SUBSECTION 9.04.001 (B) TO PROVIDE AN EXCEPTION FOR THE SALE OF FIREWORKS ON PROPERTY ZONED AS PLANNED DEVELOPMENT WITH LIGHT MANUFACTURING USES; AND ADOPTING A NEW SUBSECTION 9.04.001 (C) TO PROVIDE AN AFFIRMATIVE DEFENSE TO THE POSSESSION OF FIREWORKS FOR TRANSPORTING FIREWORKS IN A MOTOR VEHICLE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR' THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Seagoville desires to provide an exception to allow for the sale of fireworks in certain areas ofthe City; and WHEREAS, the City Council further desires to amend its ordinance to prohibit the ignition, possession or use of fireworks within the City; and WHEREAS, the City Council finds that it would be in the best interest ofi its citizens to amend Chapter 9, "Fire Prevention and Protection", Article 9.04 of Seagoville's Code of Ordinances as set forth below. NOW,THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OFTHE CITYOFSEAGOVILLE, TEXAS: SECTION 1: Chapter 9, "Fire Prevention and Protection", Article 9.04, Fireworks", Section 9.04.001 of Seagoville's Code ofOrdinances is hereby amended as set forth below: Page 1 TM 82147 "ARTICLE9.041 FIREWORKS Sale; Display; Storage Sec. 9.04.001 (a) No person, firm, corporation shall sell, offer for sale, display, barter or exchange, store, use, discharge, cause to be discharged, ignite, detonate, fire or have in their possession any fireworks, as defined by International Fire Code, adopted Article 9.03 Fire Code, Section 9.03.001 of the Code of Ordinance, (b) The provisions of this ordinance as to sale or display shall not apply to the within the jurisdiction limits ofthe City. following: (1) Property zoned as a Planned Development with allowable uses consistent with light manufacturing districts and a regulation allowing the sale, display and storage oft the fireworks under specific conditions. (2) Property contiguous on the north side of State Highway 175 which was annexed into the City after May 1, 2012. The provisions of this subsection (c) It shall be an affirmative defense to prosecution under this article for the shall expire on April 30, 2022, possession of fireworks if: (1) The defendant was operating or was aj passenger in a motor vehicle (2) the fireworks were not in the passenger area ofthe vehicle." that was being operating in aj public place; and SECTION 3: All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain ini full force and effect. SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full Page 2 TM82147 force and effect. The City hereby declares that it would have passed this Ordinance, and each section, paragraph, clause or phrase thereofirrespective oft the: fact that any one or more: sections, paragraphs, sentences, clauses and phrases be declared unconstitutional ori invalid. SECTION 5: An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former lawi is continued in effect for this purpose. SECTION 6: That any person violating any of the provisions or terms oft this Ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Seagoville as heretofore amended and upon conviction shall be punished by a fine not to exceed the sum ofTwo Thousand Dollars ($2,000.00) for each offense. SECTION 7: This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED by the City Council of the City of Seagoville, Texas, this the 19th day of December, 2016. APPROVED: DENNIS K. CHILDRESS, MAYOR ATTEST: CHRISTIE WILSON, INTERIM CITY SECRETARY APPROVED ASTO FORM: ALEXIS G. ALLEN, CITY ATTORNEY Page 3 TM 82147 Regular Agenda Item: 4 Meeting Date: April3,2017 Discuss enforcement of established residential speed limits and provide direction to staff regarding additional measures and/or options (City. Manager) ITEM DESCRIPTION: BACKGROUND OF ISSUE: Thisi item was requested by Councilmember Hernandez on March 6, 2017. INANCIALIMPACT: N/A RECOMMENDATION: N/A EXHIBITS: N/A Regular Agenda Item: 5 Meeting Date: April3,2017 Discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 19, Division 2. "Parking Regulations for Specific Streets", by repealing and replacing Subsection 17.04.064 to provide, for extended no parking on the north and south sides of the westbound U.S. Higlway 175 service road, from FM 1389 to the Kaufman County/Dallas County line (Police) ITEM DESCRIPTION: Staffi is requesting council consider extending the No Parking areas along the service road further west than is currently established. BACKGROUND OF ISSUE: The No Parking regulation currently in place for this area was established November 14, 2016 by Ordinance 34-16. The ordinance covers the westbound service road ofHwy 175 from FM 1389 to the 1800 block of Hwy 175. Recently, motorists have been parking along the service road beyond the restricted area and staff believes this area continues to be a dangerous location for vehicles to park. FINANCIAL IMPACT: N/A RECOMMENDATION: Approve ordinance. EXHIBITS: Proposed Ordinance AN ORDINANCE OF THE CITY OF SEAGOVILLE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEAGOVILLE, TEXAS AMENDING CHAPTER 170F THE CODE OF ORDINANCES, DIVISION 2. PARKING REGULATIONS ON SPECIFIC STREETS", BY REPEALING AND REPLACING SUBSECTION 17.04.064 TO PROVIDE FOR EXTENDED NO PARKING ON THE NORTH AND SOUTH SIDES OF THE WESTBOUND U.S. HIGHWAY 175 SERVICE ROAD, BEGINNING AT ITS POINT OF INTERSECTION WITH FM 1389 WESTWARD FOR A DISTANCE OF APPROXIMATELY 7/10ths OF A MILE, OR APPROXIMATLEY 3,696 FEET TO THE KAUFMAN COUNTY/DALLAS COUNTY LINE; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO CAUSE THE APPROPRIATE SIGNAGE TO BE ERECTED; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR. A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EACEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE WHEREAS, the City provides for no stopping, standing or parking on specific streets within the City when signs are erected or curbs are painted on such street providing notice; and, WHEREAS, the City has determined that it is necessary to extend the prohibited areas for the stopping, standing and parking on the westbound U.S. Highway 175 Service Road, as DATE. described herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE SECTION1. That Chapter 17 of the Code of Ordinances of the City of Seagoville, Texas, be and is hereby amended by amending Division 2. "Parking Regulations on Specific Streets", by repealing and replacing Subsection 17.04.064 to provide for extended no parking on the north and south sides of the westbound U.S. Highway 175 Service Road, beginning at its point of intersection with FM 1389 westward for a distance of approximately 7/10ths ofa mile, or approximately 3,696 feet to the Kaufman County/Dallas County line, which shall read as CITY OFSEAGOVILLE, TEXAS: follows: TM81256 "Division 2. Parking Regulations for Specific Streets Sec. 17.04.064 U.S. Highway 175 Westbound Service Road at FM 1389 Its shall be unlawful for any person to leave, stand, or park any motor vehicle or other vehicle or impediment at any time on the north and south sides of the westbound U.S. Highway 175 Service Road, beginning at its point ofintersection with FM 1389 westward for a distance of approximately 7/10ths of a mile, or approximately 3,696: feet to thel Kaufman County/Dallas County line. Secs. 17.04.065-17.04.090 Reserved" SECTION2. That the City Manager or designee is hereby directed to cause appropriate signs to be erected giving notice oft the no parking zone established herein and such provision shall not be effective unless such signs or markings are inj place at the time of an alleged offense. SECTION3. That all ordinances of the City of Seagoville in conflict with the provisions of this ordinance be and the same are hereby repealed and all other ordinances of the City of Seagoville noti in conflict with the provisions oft this ordinance shall remain in full force and effect. SECTION4 4. That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions oft the Code of Ordinances, as amended, in effect when the offense was committed and the former lawi is continued in effect for this purpose. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part SO decided to be invalid, illegal or unconstitutional, and shall not affect the validity oft the Code of Ordinances as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of 2 TM81256 Ordinances of the City of Seagoville, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum oft two hundred dollars ($200.00) for each offense. SECTION7. This ordinance shall take effect from and after its passage and the publication of the caption as the law and Charteri in such cases provide. DULY PASSED by the City Council of the City of Seagoville, Texas, this the 3d day of April, 2017. APPROVED: Dennis K. Childress, Mayor ATTEST: Christie Wilson, Interim City Secretary APPROVED ASTOFORM: Alexis G. Allen, City Attorney (/cdb 11/07/2016) TM 81256 Agenda Item: 6 Meeting Date: April3,2017 Discuss and consider approving a resolution suspending the April 17, 2017 effective date of Oncor Electric. Delivery Company's requested rate change (City. Manager) ITEM DESCRIPTION: This is a request to adopt a resolution suspending the effective date of the requested Oncor rate change for 90 days. Without action by the council the new rate will go into effect April 21, 2017. BACKGROUND OF ISSUE: On March 17, 2017 Oncor delivered to the City of Seagoville City Secretary a Statement of Intent to Increase Rates. Without action by the council the new rate will go into effect April 21, In response, Thomas Brocato with Lloyd Gosselink Attorneys at Law, submitted a recommendation to the Steering Committee member cities to suspend the effective date for 90 2017. days. This will allow time to review the application and decide on final action. FINANCIALI IMPACT: RECOMMENDATION: Approve suspension resolution. EXHIBITS: Oncor cover letter and Petition and Statement of] Intent o Oncor Electric Delivery Co. LLC for Authority to Change Rates. Thomas Brocato Memorandum and Staff Report Resolution suspending the effective date and authorizing negotiation. ONCOR. Stephen N. Ragland Vice President Regulatory March 17, 2017 City of Seagoville 702 N Highway 175 Seagoville, TX 75159 To the Honorable Mayor for the City of Seagoville: Attached for filing please find a Petition and Statement of Intent of Oncor Electric Delivery Company LLC ("Oncor") for Authority to Change Rates in accordance with PURA S 36.102. This rate request is identical to those being filed today with other Enclosed is a single volume that contains the Petition and Statement of Intent filed with the Public Utility Commission of Texas ("Commission") (including a Summary of Proposed Rates by Customers and Rate Class), proposed tariffs, and summaries of As a regulatory authority with jurisdiction over Oncor's rates, operations and services within your city limits, Oncor is requesting that the City take action with regard to this rate change request as expeditiously as possible. If the City does not act to either suspend the effective date for 90 days or take a final action prior to the effective date of April 21, 2017, the rates would be considered approved by operation of law. It is Oncor's intent to have system-wide rates in effect and towards that end intends to appeal to the Commission any action taken by the City, and request consolidation into one proceeding at the Commission. Once the appeal is granted, the City would have standing as a party to participate fully in the proceeding at the Commission. Should you have any questions concerning this filing, or would like to request a copy of the full 13 volume rate filing package, please contact your Oncor local area manager. regulatory authorities and affects all customers served by Oncor. testimony. Very truly yours, Stplus N. kbe Oncor 1616) Woodall Rodgers Freeway Dallas, Texas 75202 Tel: 214.486.5255 stoveragandeonor.com Receipt Acknowledged by: Lhahe Wilsoy Title: Ls Scexty Date: 3-17-17 City of Seagoville to Change Rates Petition and Statement of Intent of Oncor Electric Delivery Company LLC for Authority APPLICATION OF ONCOR ELECTRIC S DELIVERY COMPANY LLC FOR AUTHORITY TO CHANGE RATES BEFORE THE SEAGOVILLE S GOVERNING BODY OF THE CITY OF S PETITION AND STATEMENT OF INTENT OF ONCOR ELECTRIC DELIVERY COMPANY LLC FOR AUTHORITY TO CHANGE RATES TO THE HONORABLE GOVERNING BODY OF THE CITY OF SEAGOVILLE: COMES NOW Oncor Electric Delivery Company LLC ("Oncor" or Company"), an electric utility within the terms of the Public Utility Regulatory Act, Texas Utilities Code Title 2 ("PURA"), 170 and hereby submits this Petition and Statement of Intent ("Petition"), respectfully showing the following: .I INTRODUCTION AND REQUESTED ACTION Ina accordance with PURA S 36.102 and P.U.C. PROC. R. 22.243, Oncor hereby files this Petition and related materials demonstrating that Oncor's existing rates do not permit the Company to recover its reasonable cost of service and earn a reasonable return. The Company has prepared its filing on a system-wide basis using actual January 1, 2016 through December 31, 2016 test year books and records, adjusted for known and measurable changes, and using traditional and widely-accepted ratemaking principles. The proposed revenue requirement and rate design are factually supported, and the Company strongly believes that an increase is appropriate and justified. Therefore, Oncor is hereby requesting that the Honorable Governing Body approve the changes in the Company's rates proposed in this proceeding. A detailed Summary of Proposed Rates by Customers and Rate Class is included as Exhibit 1 to this Petition. Simultaneous with this filing, Oncor is filing a system-wide rate case and related Rate Filing Package ("RFP") with the Public Utility Commission of Texas ("Commission"), Application of Oncor Electric Delivery Company LLC for Authority to Change Rates ("Commission Petition"). 170 Tex. Util. Code Ann. SS 11.001-66.017 (Vernon 2007 & Supp. 2010). 1 II. CONTACTINFORMATION AND AUTHORIZED REPRESENTATIVES Oncor's business address and telephone numbers are: Oncor Electric Delivery Company LLC 1616 Woodall Rodgers Freeway Dallas, Texas 75202-1234 (888)313-6862 E.A Allen Nye, Jr Oncor's authorized representative is: Oncor Electric Delivery Company LLC 1616 Woodall Rodgers Freeway Dallas, Texas 75202-1234 Telephone: (214).486-3008 Facsimile: (214)486-3221 Matthew C. Henry JoAnn Biggs Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 Telephone: (214)220-7700 Facsimile: (214)486-3221 Howard V. Fisher Oncor's legal representatives in this proceeding are: and Oncor Electric Delivery Company LLC 1616 Woodall Rodgers Freeway Dallas, Texas 75202-1234 Telephone: (214)486-3026 Facsimile: (214)486-3221 General inquiries concerning this filing should be directed to Mr. Stephen Ragland at the above-stated Oncor address and 214-486-5255. All pleadings, motions, orders, and other documents filed in this proceeding should be served upon Mr. Henry at the above-stated address. III. JURISDICTION Each municipality in Oncor's service area that has not ceded jurisdiction to the Commission has exclusive original jurisdiction over the rates, operations, and services of Oncor in such municipality pursuant to PURA S 33.001. Oncor is filing this Petition 2 with all of its original jurisdiction cities, a list of which is included as Exhibit 3 to the Commission Petition included in this package. The Commission has exclusive jurisdiction over the rates, operations, and services of Oncor in areas outside municipalities pursuant to PURA S 32.001(a)(1) and for those municipalities that have ceded jurisdiction to the Commission pursuant to PURA S 33.002(b). A list of such municipalities is included as Exhibit 2 to the attached Commission Petition. Oncor anticipates that it will appeal the actions of its original jurisdiction cities to the Commission and that it will seek consolidation of those appeals with the pending Commission Petition. Iti is Oncor's intention to seek one set of system-wide rates for all customer classes served on the Oncor system. IV. EFFECTIVE DATE The proposed effective date of the requested rate change is April 21, 2017 which is 35 days after the filing of this Petition as allowed under PURA S 36.102. V. TEST YEAR The test year upon which this filing is based is the 12-month period from January 1, 2016 through December 31, 2016. VI. FILING OVERVIEW This filing consists of a cover letter, this Petition (including Exhibit 1- Summary of Proposed Rates by Customers and Rate Class), table of contents, the Petition filed with the Commission and the Exhibits thereto, proposed tariffs, and testimony summaries. WHEREFORE, PREMISES CONSIDERED, Oncor respectfully prays that this Honorable Governing Body approve and authorize the changes in the Company's rates proposed herein and grant Oncor such other and further relief to which it may be justly entitled. 3 Respectfully submitted, Oncor Electric Delivery Company LLC By: Matthew C. State Bar No. 00790870 JoAnn Biggs State Bar No. 02312400 Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 Telephone: (214)220-7700 Facsimile: (214)486-3221 Howard V. Fisher State Bar No. 07051500 Oncor Electric Delivery Company LLC 1616 Woodall Rodgers Freeway Dallas, Texas 75202-1234 Telephone: (214).486-3026 Facsimile: (214)486-3221 ATTORNEYS FOR ONCOR ELECTRIC DELIVERY COMPANY LLC TK 4 Lloyd 816 Congress Avenue, Suite 1900 Austin," Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.glawfirm.com Gosselink ATTORNEYSATLAW Mr. Brocato'sl Direct Line: (512)322-5857 Email: bocato@lglawfim.com: MEMORANDUM TO: FROM: DATE: RE: Steering Committee ofCities Served by Oncor Members Geoffrey Gay Thomas Brocato March 17,2017 Suspension Packet 5 Oncor Electric Delivery Company's Statement ofI Intent to Increase Rates ACTION REQUIREDTO SUSPEND THE EFFECTIVE DATE BY APRIL 21,2017 Earlier today, Oncor filed a Statement of Intent to Increase Rates with all cities in its service area that retain original jurisdiction. The Company is seeking to increase rates by approximately $317 million over rates currently in place, or approximately 7.5% over present revenues. Residential customers would see an 11.8% increase in rates. Ifapproved, a residential customer using 1000 kWh per month would see a bill increase of about $6.68 per month. Additionally, the Company proposes to increase street lighting rates by 0.5%. The rate increase requested by Oncor will become effective on April 21, 2017, unless the city takes action to suspend the effective date. The statute permits cities to extend the effective date by up to 90 days in order to study the filing. The city must take action to suspend the effective date by April 2 21,2017. Ifyour city does not have a regular council meeting scheduled before April 215 or is otherwise unable to take action on the suspension resolution by April 21*, please contact me as soon as possible. Attached to this memo is a model suspension resolution and staff report. In the past, Oncor local managers have provided cities with a model denial resolution and may recommend that the city immediately deny the rate request. Ifthis occurs, we do not recommend that you deny the request at this time. Suspending the effective date allows cities more time to review the application and decide on the final action, including settlement or denial of Oncor's requested rate increase. The Steering Committee of Cities Served by Oncor will hold a conference call of all Steering Committee members later this month to discuss Oncor's rate request. During the call there will also be an opportunity for Steering Committee members to discuss strategy with Steering Committee consultants and attorneys. If you have any questions, please feel free to contact Thomas (512/322-5857, bnocmo@lglawim.com). 1669/35/7314214.1 Lloyd Gosselink Blevins Rochelle & Townsend, P.C. STEERING COMMITTEE CITIES SERVED BY ONCOR (Total 156) Addison Allen Alvarado Andrews Anna Archer City Argyle Arlington Azle Bedford Bellmead Belton Benbrook Beverly Hills Big Spring Breckenridge Bridgeport Brownwood Buffalo Burkburnett Burleson Caddo Mills Cameron Canton Carrollton Cedar) Hill Celina Centerville Cleburne Coahoma Colleyville Collinsville Colorado City Comanche Commerce Coppell Copperas Cove Corinth Crowley Dallas Dalworthington Gardens DeLeon De Soto Denison Duncanville Early Eastland Edgecliff Village Ennis Euless Everman Fairview Farmers Branch Fate Flower Mound Forest Hill Fort Worth Frisco Frost Gainesville Garland Glenn Heights Grand Prairie Granger Grapevine Haltom City Harker Heights Haslet Heath Henrietta Hewitt Highland Park Honey Grove Howe Hurst Hutto lowal Park Irving Jolly Josephine Justin Kaufman Keller Kennedale Kerens Killeen Krum Lake Worth Lakeside Lamesa Lancaster Lewisville Lindale Little Elm Little River Academy Malakoff Mansfield McKinney Mesquite Midland Midlothian Murchison Murphy New Chapel Hill North Richland Hills Northlake Oak Leaf Oak Point Odessa O'Donnell Ovilla Palestine Pantego Paris Plano Pottsboro Prosper Ranger Rhome Richardson Richland Richland Hills River Oaks Roanoke Robinson Rockwall Rosser Rowlett Sachse Saginaw Sansom Park Seagoville Sherman Snyder Southlake Springtown Stephenville Sulphur Springs Sunnyvale Sweetwater Temple Terrell The Colony Trophy Club Tyler University Park Venus Waco Watauga Waxahachie Westover Hills White Settlement Wichita Falls Willow Park Woodway Wylie 1669/16/5278242 STAFF REPORT ***ACTION MUST BE TAKEN TO SUSPEND THE EFFECTIVE DATE ON OR BEFORE APRIL21, 2017*** PURPOSE Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about March 17, 2017 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $317 million or approximately 7.5% over present revenues. The Company asks the City to approve an 11.8% increase in residential rates and a 0.5% increase in street lighting rates. If approved, a residential customer using 1000 kWh per month would see al bill increase of about $6.68 per month. The resolution suspends the April 21, 2017 effective date oft the Company's rate increase for the maximum period permitted by law to allow the City, working in conjunction with the Steering Committee of Cities Served by Oncor, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, toj pursue. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. Ifthe City fails to take some action regarding the filing before the effective date, Oncor'srate request is deemed administratively approved. DISCUSSION The City of Seagoville is a member of a 156-city coalition known as the Steering Committee of Cities Served by Oncor ("Steering Committee"). The Steering Committee has been in existence since the late 1980s. It took on a formal structure in the early 1990s when cities served by the former TXU gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for the last 30 years. Although Oncor has increased rates many times over the past few years, this is the first comprehensive base rate case for the Company since. January, 2011. Explanation of"Bel It] Resolved" Paragraphs: Section 1. The City is authorized to suspend the rate change for 90 days after the date that the rate change would otherwise be effective for any legitimate purpose. Time to study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as "the maximum period allowed by law" rather than ending by a specific date. This is because the Company controls the effective date and can extend the 1669/35/7314209.1 deadline for final city action to increase the time that the City retains jurisdiction ifr necessary to reach settlement on the case. If the suspension period is not otherwise extended by the Company, the City must take final action on Oncor's request to raise rates by April 21, 2017. Section 2. This provision authorizes the Steering Committee, consistent with the City's resolution approving membership in the Steering Committee, to act on behalf of the City at the local level in settlement discussions, in preparation of a rate ordinance, on appeal of the rate ordinance to the PUC, and on appeal to the Courts. Negotiating clout and efficiency are enhanced by the City cooperating with the Steering Committee in a common review and common purpose. Additionally, rate case expenses are minimized when the Steering Committee hires one set of attorneys and experts who work under the guidance and control oft the Executive Committee oft the Steering Committee. Section 3. The Company will reimburse the Steering Committee for its reasonable rate case expenses. Legal counsel and consultants approved by the Executive Committee of the Steering Committee will submit monthly invoices that will be forwarded to Oncor for reimbursement. Noi individual city incurs liability for payment of rate case expenses by adopting as suspension resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the Resolution was properly noticed. Section 5. This section provides that both Oncor and Steering Committee counsel will be notified of the City's action by sending a copy of the approved and signed resolution to certain designated individuals. 1669/35/7314209.1 2 SEAGOVILLE, TEXAS RESOLUTIONNO. RESOLUTION OF THE CITY OF SEAGOVILLE, TEXAS SUSPENDING THE APRIL 21, 2017, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY'S REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE WHEREAS, on or about March 17, 2017, Oncor Electric Delivery Company (Oncor), pursuant to PURA $8 33.001 and 36.001 filed with the City of Seagoville a Statement of Intent to increase electric transmission and distribution rates in all municipalities exercising original jurisdiction within its service area effective April 21,2 2017; and WHEREAS, the City of Seagoville is a member of the Steering Committee of Cities Served by Oncor ("Steering Committee") and will cooperate with the 156 similarly situated city members and other city participants in conducting ai review of the Company' 's application and to hire and direct legal counsel and consultants and toj prepare a common response and to negotiate with the Company prior to getting reasonable rates and direct any necessary litigation; and WHEREAS, PURA $ 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, PURA $ 33.023 provides that costs incurred by Cities in ratemaking proceedings are tol be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEAGOVEILLE, TEXAS: 1. That the April 21, 2017 effective date of the rate request submitted by Oncor on or about March 17, 2017, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 1669/35/7314189.1 2. As indicated in the City's resolution approving membership in the Steering Committee, the Executive Committee of Steering Committee is authorized to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission. 3. That the City's reasonable rate case expenses shall be reimbursed by Oncor. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose ofs said meeting was given as required. 5. A copy of this Resolution shall be sent to Oncor, Care of Howard Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725,Austin, Texas 78767-1725. PASSED AND APPROVED this the 3RD day of April, 2017. Dennis K. Childress, Mayor City of Seagoville, Texas ATTEST: Christie Wilson, Interim City Secretary 1669/35/7314189.1 2 Regular Agenda Item: 7 Meeting Date: April3,2017 Receive Councilmember Reports/ Items of Community Interest ITEM DESCRIPTION Section 551.0415 of the Texas Government Code authorizes a quorum of the governing body of a municipality or county to receive reports about items of community interest during a meeting without having given notice of the subject of the report if no action is taken. Section 551.0415 defines an "item ofcommunity interest" toi include: (1)expressions of thanks, congratulations, or condolence; (2) information regarding holiday schedules; (3) anl honorary or salutary recognition ofa a public official, public employee, or other citizen, except that a discussion regarding a change in status ofaj person's public office or public employment is not an honorary or salutary recognition (4)areminder about an upcoming event organized or sponsored by the governing (5)information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended ori is scheduled to be attended by a member oft the governing body or an official or (6) announcements involving an imminent threat to the public health and safety of people in the political subdivision that has arisen after the posting oft the for purposes ofthis subdivision; body; employee oft the political subdivision; and agenda. Regular Agenda Item: 8 Meeting Date: April3,2017 Receive Citizen Comments ITEMI DESCRIPTION Citizens may speak 61 minutes each on any matter not on the agenda, other than personnel matters or matters under litigation. The council may not discuss these items, but may respond with factual data or policy information, or place the item on a future agenda. Those wishing to speak shall submit a Speaker Request Form to the City Secretary. Regular Agenda Item: 9 Meeting Date: Future. Agenda Items ITEM DESCRIPTION: April3,2017 Council to provide direction to staff regarding future agenda items. These items will not be discussed and no action will be taken at this meeting.