CITY OF FREDERICKSBURG CITY COUNCIL AGENDA

MONDAY, NOVEMBER 7. 2011- J.'30 p.m, Law Enforcement Center - 1601 East Main Street

1. Call to Order.

2. Pledge of Allegiance.

3.

4.

Approve mmutes of August 2011 meetings.

PRESENTATIONS Receive presentations from engineering consulting £inns for Mommg Glory Drive project:

5:30 - M & S Engineers

5:55 - Freese & Nichols

6:20 - Jones & Carter

6:45 - Civil Engineering Consultants (CEC)

5. Consider selecting £inn for contract negotiation.

NEW BUSINESS 6. Receive comments from Nancy Battle regarding Agenda 21 & ICLEI. Oones,

Mussleman)

7. Consider appointments to CVB Board. (Loeffler)

8. Consider electronic web access to agenda and council meeting related information. a ones, Segner)

9. Discussion of future agenda items. (Segner)

UNFINISHED BUSINESS 10. Consider policy on City Council mmutes. a ones, Segner)

11. Consider adopting Ordinance changing electric rates.

COMMENTS 12. Public Comment.

13. Council Comment.

EXECUTIVE SESSION Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above. as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney). 551.072 (Deliberations about Real Property). 551.073 (Deliberations about Gifts and Donations). 551.074 (Personnel Matters). 551.076 (Deliberations about Security Devices) and 551 .086 (Economic Development).

ADJOURNMENT

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STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG

REGULAR CITY COUNCIL MEETING AUGUST 1, 2011 7:00 PM

On this the 1" day of August, 2011, the City Council of the CITY OF FREDERICKSBURG convened in regular session at the Law Enforcement Center, with the following members present to constitute a quorum:

ABSENT:

ALSO PRESENT:

TOM MUSSELMAN - MAYOR TIM DOOLEY - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER TOMMY SEGNER - COUNCIL MEMBER SCOTT JONES - COUNCIL MEMBER

NONE

GARY NEFFENDORF - CITY MANAGER PAT MCGOWAN - CITY ATTORNEY BRIAN JORDAN - DIR. DEVELOPMENT SERVICES PAUL OESTREICH - CHIEF OF POLICE ANDY DODSON - ENGINEER

The meeting was called to order at 7:00 PM with the Pledge of Allegiance.

BOARD APPOINTMENTS TO PLANNING & ZONING COMMISSION, HISTORIC REVIEW BOARD, AND BOARD OF ADJUSTMENT - It was moved by Council Member Dooley, seconded by Council Member Pearson, to approve the following appointments:

PLANNING & ZONING COMMISSION Reappointments: Brenda Segner

Chris Kaiser

HISTORIC REVIEW BOARD: Reappointments: Sharon Joseph

Charles Schmidt Burleigh Arnecke (Alternate)

BOARD OF ADTUSTMENT Reappointments: Byron Schaetter

Appointment: Matt Lines

Appointment: David Bullion (Alternate)

The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried.

EFFECTIVE TAX RATE CALCULATIONS - It was moved by Council Member Dooley, seconded by Council Member Jones, to approve the Effective Tax Rate Calculations of$.2350/ $100 valuation as presented. The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried.

CD

2011-2012 GENERAL BUDGET AND AMENDMENTS TO 2010-2011 GENERAL FUND BUDGET - Council discussed the 2011 -2012 General Budget and considered amending the 201 0-2011 General Fund Budget. It was moved by Council Member Jones, seconded by Council Member Segner, to amend the 2010-2011 budgeted expenditures for $352,000.00 as follows: Police vehicles ($64,000), Park pickup ($20,000), Market Square pedestals ($18,000), New playground ($20,000), Oakcrest bleachers ($20,000), Admin vehicle ($35,000), Website redesign ($50,000), and for street projects (1) Walch Terrace ($75,000) and (2) Windcrest ($50,000). The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NA Y: None. Motion carried.

PUBLIC COMMENT - Several comments were heard regarding the City swimming pool, businesses not collecting sales tax, and HB2507.

COUNCIL COMMENT - ScottJones commended Annette Loth, commented on the unprecedented drought and on the City swimming pool issue.

EXECUTIVE SESSION - At 8:20 PM, Council Member Dooley made a motion to recess the regular session and go into Executive Session. Council Member Segner seconded the motion, and the motion carried. At 8:35 PM, Council Member Dooley made a motion to adjourn the Executive Session and reconvene the regular session. Council Member Jones seconded, the motion carried.

With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 8:36 PM. Council Member Pearson seconded the motion. Motion carried.

PASSED AND APPROVED this the 7" day of November, 2011.

SHELLEY BRITTON, CITY SECRETARY TOM MUSSELMAN, MAYOR

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STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG

SPECIAL CITY COUNCIL MEETING AUGUST 10, 2011 8:00AM

On this 10'" day of August, 201 1, City Council of the CITY OF FREDERICKSBURG convened in special session at City Hall, with the following members present to constitute a quorum:

ABSENT:

ALSO PRESENT:

TOM MUSSELMAN - MAYOR TIM DOOLEY- COUNCIL MEMBER TOMMY SEGNER - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER SCOTT JONES - COUNCIL MEMBER

NONE

GARY NEFFENDORF - CITY MANAGER CRAIG WALLENDORF - D.P.W.U.

BRAD KOIT - DIRECTOR OF FINANCE

The rneeting was called to order at 8:00 AM.

BUDGET WORKSHOP - Council held a 2011-2012 Budget Workshop. It was rnoved by Council Mernber Dooley, seconded by Council Mernber Segner, to proceed with the Morning Glory Project. The vote was as follows: AYE: Musselrnan, Pearson, Dooley, Segner, and Jones; NAY: None. Motion carried. It was then rnoved by Council Mernber Dooley, seconded by Council Mernber Segner, to leave the Austin St. Bridge project in the budget at $416,000.00, and to begin an engineering study to determine whether it should be a bridge rebuild or bridge addition. The vote was as follows: AYE: Musselman, Dooley, and Segner; NAY: Pearson and J ones. Motion carried.

With no further discussion, Council Mernber Dooley rnade a rnotion to adjourn the rneeting at 10:45 AM. Council Mernber Jones seconded the rnotion. Motion carried.

PASSED AND APPROVED this the 7'" day of Novernber, 2011.

SHELLEY BRIITON, CITY SECRETARY TOM MUSSELMAN, MAYOR

* * * * * * * * * * * * *

STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG

SPECIAL CITY COUNCIL MEETING AUGUST 12, 2011 8:00AM

On this the 12'" day of August, 201 1, City Council of the CITY OF FREDERICKSBURG convened in special session at City Hall, with the following rnernbers present to constitute a quorurn:

ABSENT:

ALSO PRESENT:

TOM MUSSELMAN - MAYOR TIM DOOLEY - COUNCIL MEMBER TOMMY SEGNER - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER SCOIT JONES - COUNCIL MEMBER

NONE

GARY NEFFENDORF - CITY MANAGER ALAN WOOLEY - GOLF DIRECTOR BRAD KOIT - DIRECTOR OF FINANCE

The rneeting was called to order at 8:00 AM.

2011-2012 BUDGET WORKSHOP - A budget workshop was held. Following the workshop, it was rnoved by Council Mernber Pearson, seconded by Council Mernber Dooley, to approve $90,000 for the

swimrrllngpool expense line item. The vote was as follows: AYE: Mussehnan, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried.

JOINT BUDGET WORKSHOP WITH COUNTY (COUNTY COURTHOUSE - 9 AM

Council held a joint budget workshop with County Commissioners Court.

EXECUTIVE SESSION: POTENTIAL LITIGATION/CONSULTATION WITH ATTORNEY - DISCUSS GROUND LEASE AGREEMENT - At 11:40 AM, Council Member Dooley made a motion to recess the regular session and go into Executive Session. Council Member Pearson seconded the motion, and the motion carried. At 11 :48 AM, Council Member Dooley made a motion to adjourn the Executive Session and reconvene the regular session. Council Member Pearson seconded, the motion carried.

With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 11:49 AM. Council Member Pearson seconded the motion. Motion carried.

PASSED AND APPROVED this tile 7'h day of November, 2011.

SHELLEY BRITION, CITY SECRETARY TOM MUSSELMAN, MAYOR

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STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG

REGULAR CITY COUNCIL MEETING AUGUST 15, 2011 7:00PM

On trus the 15,h day of August, 2011, the City Council of the CITY OF FREDERICKSBURG convened in regular session at the Law Enforcement Center, with the following members present to constitute a quomm:

ABSENT:

ALSO PRESENT:

TOM MUSSELMAN - 1\.[/\ YOR TOMMY SEGNER - COUNCIL MEMBER TIM DOOLEY - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER SCOTI JONES - COUNCIL MEMBER

NONE

GARY NEFFENDORF - CITY MANAGER PAT MCGOWAN - CITY ATIORNEY PAUL OESTREICH - CHIEF OF POLICE CRAIG WALLENDORF - D.P.W.U. BRIAN JORDAN - DIR. DEVELOPMENT SERVICES BRAD KOTT - DIRECTOR OF FINANCE

The meeting was called to order at 7:00 PM following the Pledge of Allegiance.

MINUTES OF MAY 2011 MEETING - It was moved by Council Member Dooley, seconded by Council Member Pearson to approve the minutes of the May 2011 meeting as presented and corrected. The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried.

PUBLIC HEARING ONREOUEST #Z-1104 BY THE ADMIRAL NIMITZ FOUNDATION TO: (A) CONSIDER A CHANGE IN THE LAND USE PLAN FROM LOW DENSITY RESIDENTIAL TO PUBLIC/SEMI PUBLIC ON PROPERTY LOCATED AT 502 E. AUSTIN, AND (B) CONSIDER A CHANGE IN ZONING FROM R-l SINGLE FAMILY RESIDENTIAL TO PF, PUBLIC FACILITIES, ON SUBJECT PROPERTY - It was moved by Council Member Dooley, seconded by Council Member Pearson, to recess the regular session and open the public hearing on request #Z-11 04 by the Admiral Nimitz Foundation to (a) Consider a change in the Land Use Plan from Low Density Residential to Public/Semi Public on property located at 502 E. Austin, and (b) Consider a change in zoning from R-1 Single Family Residential to PF, Public Facilities, on subject property. All voted in favor and the motion carried.

General Mike Hagee was on hand on behalf of the Nimitz Foundation. With no comments from the public, it was moved by Council Member Dooley, seconded by Council Member Pearson to adjourn the public hearing and reconvene the regular session. All voted in favor and the motion carried.

REOUEST #Z-1104 - It was moved by Council Member Dooley, seconded by Council Member Pearson, to approve Request #Z-1104, to change the Land Use Plan from Low Density Residential to Public/Semi Public on property located at 502 E . Austin. All voted in favor and the motion carried. It was then moved by Council Member Dooley, seconded by Council Member Jones, to change the zoning from R-1 Single Family Residential to PF, Public Facilities, on subject property. The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried.

ORDINANCE NO. 21-008

ANORDINANCEADOPTINGACHANGEINTHECOMPREHENSIVEPLANOFTHECITY OF FREDERICKSBURG; SPECIFICALLY IN THE LAND USE MAP AND COMPREHENSIVE PLAN AS TO 0.684 ACRES OF LAND MORE OR LESS BEING PART OF TOWNLOTS NUMBERED 481 AND 482 SITUATED IN THE CITY OF FREDERICKSBURG, TEXAS; PROVIDING THAT THE CHANGE TO PUBLIC/SEMI-PUBLIC BECOME A PST OF THE COMPREHENSIVE PLAN AND PROVIDING FOR AN EFFECTIVE DATE.

ORDINANCE NO. 21-009

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FREDERICKSBURG AND CHANGING THE ZONING CLASSIFICATION 0.684 ACRES OF LAND MORE OR LESS BEING PART OF TOWNLOTS NUMBERED 481 AND 482 SITUATED IN THE CITY OF FREDERICKSBURG, TEXAS, FROM R-1 SINGLE FAMILY RESIDENTIAL TO PF PUBLIC FACILITIES.

PUBLIC HEARING ON REOUEST #Z-1105 BY THE CITY OF FREDERICKSBURG TO CONSIDER AMENDING T HE DEFINITION OF CONVENIENCE STORE/SELF

SERVICE GASOLINE AS DEFINED IN THE ZONING ORDINANCE - It was moved by Council Member Pearson, seconded by Council Member Segner, to recess the regular session and open the public hearing on request #Z-1105 by the City of Fredericksburg to consider amending the deftnition of Convenience Store/Self Service Gasoline as deftned in the zoning ordinance. All voted in favor and the motion carried.

Following comments from Kenneth Crenwelge and Kelly Musselman, it was moved by Council Member Dooley, seconded by Council Member Segner to adjourn the public hearing and reconvene the regular session. All voted in favor and the motion carried.

REOUEST #Z-1105 - It was moved by Council Member Jones, seconded by Council Member Pearson, to leave the deftnition of Convenience Store/ Self Service Gasoline as it is in the zoning ordinance, and to accept the friendly amendment from Council Member Dooley, to give non­conforming businesses 90 days to submit a written plan and 9 months for construction to come into compliance. The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried.

APPROVE 2nd ANNUAL KRAUT RUN 8K - It was moved by Council Member Dooley, seconded by Council Member Jones, to approve the 2nu Annual Kraut Run with the same route as last year. The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried.

RESOLUTION APPROVING A SETTLEMENT BETWEEN ATMOS ENERGY CORP'S MID-TEX DIVISION AND ATMOS MUNICIPALITIES - It was moved by Council Member Dooley, seconded by Council Member Pearson, to adopt a Resolution approving a settlement between Attnos Energy Corp's Mid-Tex Division and Atmos Municipalities. The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried.

RESOLUTION

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS, ("CITY") APPROVING A SETTLEMENT BETWEEN ATMOS ENERGY CORP'S MID­TEX DIVISION ("ATMOS") AND ATMOS TEXAS MUNICIPALITIES ("ATM") RESULTING IN NO CHANGE IN BASE RATES AND APPROVING TARIFFS WHICH REFLECT COSTS RELATED TO THE STEEL PIPE REPLACEMENT PROGRAM; FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS APPROVED COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act

("GURA") and under §103.00 I of GURA has exclusive original jurisdiction over Atmos Energy

Corporation - Mid-Tex Division ("Atmos") rates, operations, and services as a gas utility within the

municipality; and,

WHEREAS, the City has participated in prior cases regarding Atmos as part of a

coalition of cities known as the Atmos Texas Municipalities ("A TM"), and,

WHEREAS, on or about April I ,20 I 0 Atmos filed for an increase in rates, pursuant

to the Rate Review Mechanism ("RRM"), of approximately $15.6 million; which represents

approximately a $9 million base rate increase and an approximate $6.6 million for the steel pipe

replacement program; and,

WHEREAS, after months of investigation by ATM's rate experts and weeks of

negotiations by ATM'S negotiation team a settlement was arrived at which provides: (I) the steel

service line replacement program for this last year be funded through a monthly increase of the

residential customer charge of twenty-nine cents and an increase in the commercial customer charge

of a dollar and twenty-two cents; (2) there will be no increase in base rates; and (3) Atmos and

representatives of ATM will begin meeting in mid-August to begin working on rate-related issues,

especially those that are difficult to resolve in the time period called for by the RRM process.

WHEREAS, the Executive Committee of ATM and its lawyers recommend that the

Council approve the attached tariffs which are consistent with the understandings between Atmos

and the ATM Executive Committee.

NOW, THERE FORE,BE IT RESOLVED BY THE CITY COUNCIL OFTHE

CITY OF FREDERICKSBURG, TEXAS THAT:

Section 1. That the findings set out in the preamble to this resolution are hereby in

all things approved and adopted ..

Section 2. The rates contained in the attached tariffs are just and reasonable and are

hereby approved subject to a prudence review of the steel pipe replacement expenditures in the next

general rate proceeding.

Section 3. That a copy of this Resolution shall be sent to Mr. David Park, Vice

President for Rates and Regulation, Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ

Freeway, Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel for ATM, at Herrera & Boyle,

PLLC, 816 Congress Avenue, Suite 1250, Austin, TX 78701.

Section 4. That the meeting at which this resolution was approved was in all things

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

Chapter 551.

Section S. That this resolution shall become effective immediately from and after

its passage.

PASSED and APPROVED this 15TH day of August, 2011.

/s/ Tom Musselman. Mayor

ATTEST:

/s/ Shelley Britton. City Secretary

APPOINTMENT TO THE PLANNING AND ZONING COMMISSION - It was moved by Council Member Dooley, seconded by Council Member Jones, to appoint Bjorn Kirchdorfer to the Planning and Zoning COnurllssion to fill the unexpited term of Fritz Metzger. The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried.

PROPERTY TAX RATE. RECORD VOTE ON PROPOSED TAX RATE. SCHEDULE PUBLIC HEARINGS - It was moved by Council Member Dooley, seconded by Council Member Pearson, to approve the Propert), Tax Rate of$0.25145, a rate that is 7% above the Effective Tax Rate of 0.2350, as presented. The vote was as follows: AYE: Musselman, Segner, Dooley and Pearson; NAY:

Jones. Motion carried. It was then moved by Council Member Pearson, seconded by Council Member Jones, to schedule Public Hearings for August 29 at 7pm, and September 6 at 6pm. All voted in favor and the motion carried.

SEPTEMBER MEETING DATES AND SCHEDULE BUDGET HEARING - It was moved by Council Member Pearson, seconded by Council Member Jones, to hold the first regular September meeting on Tuesday September 6, and to hold the Budget Hearing on September 19. All voted in favor and the motion carried.

GOLF COURSE BUDGET AND CAPITAL IMPROVEMENTS (PHASE ONE) - It was moved by Council Member Pearson, seconded by Council Member Jones, to approve moving forward with the Golf Course Master Plan Improvements, Phase One estimated at $1.8 million, and to fund the improvements with a loan from the Electric and Solid Waste Funds. Council Member Segner moved to modify the motion to include an Executive Session with the County regarding the avigation easement prior to any bid award. After discussion, the modification to the motion was withdrawn. The original motion then passed, with Pearson,] ones, and Segner voting for the motion, and Musselman and Dooley against.

PUBLIC COMMENT - Bole Ellis and Jerry Farley commented on fluoride, Ed Stroeher commented on the Fair parade and invited Council to participate.

COUNCIL COMMENT - Tin1 Dooley commented on space available in the parade for Council.

EXECUTIVE SESSION - At 9:36 PM, Council Member Dooley made a motion to recess the regular session and go into Executive Session. Council Member Segner seconded the motion, and the motion carried. At 9:37 PM, Council Member Jones made a motion to adjourn Executive Session and reconvene the regular session. Council Member Pearson seconded, the motion carried.

Following the Executive Session, no action was taken.

With no further discussion, Council Member Jones made a motion to adjourn the meeting at 9:37 PM. Council Member Segner seconded the motion. Motion carried.

PASSED AND APPROVED this the 7'h day of November, 2011.

SHELLEY BRITTON, CITY SECRETARY

* * * *

STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG

* *

TOM MUSSELMAN, MAYOR

* " * * * *

SPECIAL CITY COUNCIL MEETING AUGUST 29, 2011 5:00 PM

On this the 29,h day of August, 2011, City Council of the CITY OF FREDERICKSBURG convened in special session at the Law Enforcement Center, with the following members present to constitute a quorum:

ABSENT:

ALSO PRESENT:

TOM MUSSELMAN - MAYOR TIM DOOLEY - COUNCIL MEMBER TOMMY SEGNER - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER SCOTT JONES - COUNCIL MEMBER

NONE

GARY NEFFENDORF - CITY MANAGER PAUL OESTREICH - CHIEF OF POLICE CRAIG WALLENDORF - D.P.W.U. JIMMY ALEXANDER - DIR. PARKS & RECREATION BRAD KOTT - DIRECTOR OF FINANCE ALAN WOOLEY - GOLF MANAGER BRIAN JORDAN - DIR. DEVELOPMENT SERVICES JOHN CULPEPPER - DIR. EMERGENCY SERVICES

The meeting was called to order at 5:00 PM.

WORKSHOP: CAPITAL IMPROVEMENT PROJECT BUDGET - Council held a Capital Improvement Project Budget workshop.

WORKSHOP: 2011-2012 BUDGET - Council held a 2011 -2012 Budget workshop.

With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 6:22 PM. Council Member Segner seconded the motion. Motion carried.

PASSED AND APPROVED this the 7'h day of November, 2011.

SHELLEY BRITTON, CITY SECRETARY TOM MUSSELMAN, MAYOR

* * * * * * * * * * * *

STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG

SPECIAL CITY COUNCIL MEETING AUGUST 29, 2011 7:00 PM

On this the 29,h day of August, 2010, the City Council of the CITY OF FREDERICKSBURG convened in regular session at the Law Enforcement Center, with the following members present to constitute a quorum:

TOM MUSSELMAN - MAYOR TOMMY SEGNER - COUNCIL MEMBER TIM DOOLEY- COUNCIL MEMBER SCOTT JONES - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER

ABSENT:

ALSO PRESENT:

NONE

GARY NEFFENDORF - CITY MANAGER PAUL OESTREICH - CHIEF OF POLICE CRAIG WALLENDORF - D.P.W.U. BRAD KOTT - DIRECTOR OF FINANCE

The meeting was called to order at 7:00 PM.

PUBLIC HEARING ON PROPOSED PROPERTY TAX RATE AND TAX INCREASE (FIRST OF TWO) - Council held a Public Hearing on proposed property tax rate and tax increase. Comments were received from Bernice Fraley, Isabel Werts, Linda Langerhans, Larry W erts,J ames Hajl, Pete Jensen, Alan Wooley, Jerry Smith, Lynn Schultz,Jerry Farley, John Detmar and Dale Irons. The Budget Hearing on September 19 was also announced.

With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 8:28 PM. Council Member Segner seconded the motion. Motion carried.

PASSED AND APPROVED tlus the 7'h day of November, 2011.

SHELLEY BRITTON, CITY SECRETARY TOM MUSSELMAN, MAYOR

* * * * • * * * * * * * *

November 2, 2011

To: Gary Neffendorf City Manager City of Fredericksburg, Texas

Re: Presentation Schedule Engineering Consultants Morning Glory Drive

The presentations are scheduled as follows:

5:30 M&S Engineers 5 :55 Freese and Nichols 6:20 Jones and Carter 6:45 CEC

The format will be 20 minutes maximum. I have suggested to each consultant that their presentation does not exceed 15 minutes to allow for 5 minutes of questions.

Sincerely,

Craig A. Wallendorf, P.E., R.P.L.S. Director of Public Works and Utilities City of Fredericksburg, Texas

The City of Fredericksburg 126 W. Main St. • Fredericksburg, Texas 78624-3708· (830) 997-7521 • Fax (830) 997-1861

®

Page 10f2

Shelley Britton -----_ .. . -" - --- ._ . - ---- - -".'.-- - -_ .. --- _. _ .. - -_ .. -

From: Ernie Loeffler [director@fbgtx.org]

Sent: Wednesday, October 26, 201112:52 PM

To: 'Shelley Britton'

Cc: Daryl Whitworth

Subject: RE: City Council Agenda and HOT Contract

Reappointments for a second three year term on the board of the Fredericksburg Convention and Visitor Bureau:

Mary Easterling, Easterling Custom Boot Company Helen McDonald, Admiral Nimitz Foundation

Appointment for first three year term on CVB Board: Brian Heath, Grape Creek Vineyards

Thanks.

Ernie Loeffler, Director Fredericksburg The Texas Hill Country Convention & Visitor Bureau

®

ORDINANCE NO. ___ _

ORDINANCE AMENDING THE SCHEDULE OF RATES ARTICLE 11 .702 OF THE CODE OF ORDINANCES OF THE CITY OF FREDERICKSBURG APPENDIX A FEE SCHEDULE FOR THE CITY OF FREDERICKSBURG ELECTRIC, LIGHT AND POWER DISTRIBUTION SYSTEM , REPEALING INCONSISTENT PROVISIONS AND SETTING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Fredericksburg has determined that increases in the City's Residential Service Rates, Commercial/ Secondary Rates, Large Power Electrical/Large Secondary, Security Lighting , and Street Lighting rates are required to ensure that distribution costs are accurately recovered by the City's rate design, and that adequate reserves will be in place for the efficient future operation of the City's Electric Distribution System.

WHEREAS, the City Council has determined that the following rates should be enacted ,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS THAT Article 11.702 Appendix A Fee Schedule of the Code of Ordinances of the City of Fredericksburg be and is hereby partially amended as to the following sections only which are adopted as follows:

11.702 Rates

11 . 702 RATE 1

(a) RESIDENTIAL SERVICE ELECTRIC RATE SCHEDULE R

4. MONTHLY RATE

Customer Charge : $10.00

Energy Charge- Distribution : $0 .0126 per kWh

11 .702 RATE 2

(b) GENERAL SERVICE NON-DEMAND ELECTRIC

RATE SCHEDULE COMMERCIAL/SECONDARY

4. MONTHLY RATE

Customer Charge: $30.00

Energy Charge-Distribution: $0.0105 per kWh

®

11 .702 RATE 3

(c) LARGE POWER ELECTRIC/LARGE SECONDARY

RATE SCHEDULE LP

4. MONTHLY RATE

Customer Charge: $1468.75

Energy Charge- Distribution: $0.0068 per kWh

11.702

(d) SECURITY LIGHTING ELECTRIC RATE SCHEDULE SL

4. MONTHLY RATE:

Customer Charge:

11 .702

175 watts or smaller: $8.50

greater than 175 watts to 400 watts: $20.00

larger than 400 watts: $25.00

(e) STREET LIGHTING ELECTRIC RATE SCHEDULE STL

4. MONTHLY RATE

per KWH: $0.004

11.702

(f) PURCHASE POWER ADJUSTMENT CLAUSE

To all rate tariffs: The following formula shall be used to increase or decrease the monthly rate: The Wholesale Power Cost from the City's wholesale provider will be added to the City's Transmission Service Provider Costs and divided by the total kilowatt hours billed times 1 minus line loss, and will be added to or deducted from the customer's monthly charge. The City shall reasonably estimate such costs at the time of billing and the costs billed to the City may also be estimates.

-End of Code Text-

The Schedule of Rates set forth above is hereby adopted and fixed as the rates which shall be charged commencing with the bills to customers, for electric service furnished by the City of Fredericksburg, Electric Department.

The remainder of all other provisions regarding the electric rate charges of City of Fredericksburg will remain in full force and effect, except as amended by this ordinance.

If any provision of this ordinance or the application hereof to any person or circumstance is held invalid , such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without defeating the purpose or objective of the provisions , and to this end, the provisions of this ordinance are declared to be severable.

All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

PASSED AND APPROVED this the 7th day of November ,2011 .

Attest:

Shelley Britton, City Secretary

APPROVED:

Pat McGowan, City Attorney

Thomas Musselman, Mayor, City of

Fredericksburg