1. Review and discussion on the proposed Fiscal Year Preliminary Budget and the proposed 2018 Ad Valorem Tax Rate.

Transcription

1 *AMENDED AGENDA BARTONVILLE TOWN COUNCIL BUDGET WORK SESSION AND REGULAR MEETING JUNE 19, 2018 BARTONVILLE TOWN HALL, 1941 E. JETER, BARTONVILLE, TX :30 PM A. CALL BUDGET WORK SESSION TO ORDER B. WORK SESSION ITEMS 1. Review and discussion on the proposed Fiscal Year Preliminary Budget and the proposed 2018 Ad Valorem Tax Rate. C. ADJOURN WORK SESSION D. CALL REGULAR MEETING TO ORDER (at or after 7:00 p.m.) E. CLOSED SESSION The Town Council to convene into a closed meeting pursuant to Texas Government Code Chapter 551, section and , to discuss matters relating to consultation with Town Attorney and deliberation regarding real property as follows: 1. Deliberate the purchase, exchange, lease, or value of real property, to wit: 96 McMakin Road. 2. Consultation with Town Attorney regarding legal issues concerning the Town s noise ordinance. 3. Consultation with Town Attorney regarding legal issues concerning EXLP Leasing, LLC v. Galveston Central Appraisal District No F. RECONVENE OPEN MEETING The Town Council to reconvene into an open meeting and consider action, if any, on items discussed in closed session. G. PUBLIC PARTICIPATION/CITIZEN APPEARANCES Please fill out a "Citizen Participation" form in order to address the Council and turn the form in to the Town Secretary. Individual speaker s time shall be limited to three (3) minutes each and may be extended by an additional (3) minutes with the approval of many of the Councilmembers present. A 20-minute time allotment is set for this section. The purpose of this item is to allow the public an opportunity to address the Town Council on issues that are not the subject of a public hearing. Any item requiring a public hearing will allow the public to speak at the time that item appears on this agenda as indicated as a "Public Hearing." Issues regarding daily operational or administrative matters should first be dealt with at the administrative level by calling Town Hall at during business hours. In accordance with the Texas Open Meetings Act the Town Council is restricted in discussing or taking action on items not posted on the agenda. For this reason, action on your statement or inquiry by Council or a Town representative is limited to: a statement of specific factual information given in response to the inquiry; or a recitation of existing policy in response to the inquiry; or proposal to place the subject on the agenda for a subsequent

2 Town Council Meeting Agenda June 19, 2018 Page 2 H. APPOINTED REPRESENTATIVE/LIAISON REPORTS 1. Argyle Fire District 2. Planning and Zoning Commission 3. Community Development Corporation 4. Police Chief Report - Department Statistics/Activities for May Town Administrator a. Monthly Reports: Financial Statement- May 2018; Animal Services Report; Engineering Report I. CONSENT AGENDA This agenda consists of non-controversial or housekeeping items required by law. Items may be approved with a single motion. Items may be removed from the Consent Agenda by any Councilmember by making such request prior to a motion and vote on the Consent Agenda. 1. Consider approval of the May 15, 2018, regular meeting minutes. 2. Consider approval of the Bartonville Community Development Corporation amended FY Budget. J. REGULAR ITEMS 3. Discuss and consider approval of Work Order #6 with SPI Asphalt, LLC, for E. Jeter Road culvert replacement; and authorization for the Town Administrator to execute same on behalf of the Town. 4. Discussion on design and engineering for future street projects. 5. Public hearing to hear public comment and consider an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 12, Article 12.2 (C) Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the continued placement of an ice machine and propane storage on the exterior side of a proposed 7- Eleven located at 2670 FM 407, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Village Center District (VC) with outdoor merchandise as a permitted use by Conditional Use Permit only. The property is located on the southwest corner of IT Neely and FM 407. (The Planning and Zoning Commission recommended denial by a vote of 3 to 1 at its June 6, 2018, meeting.) Staff Presentation Applicant Presentation Hearing Opened to the Public for Comment Those in Favor Those Opposed Hearing Closed to Public Comment Council Deliberation and Action

3 Town Council Meeting Agenda June 19, 2018 Page 3 6. Public hearing to hear public comment and consider an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 12, Village Center District (VC), Section 12.3 Development and Performance Standards, C. Minimum Design Criteria, 4. Roofs. (The Planning and Zoning Commission recommended approval by a vote of 4 to 0 at its June 6, 2018, meeting.) Staff Presentation Hearing Opened to the Public for Comment Those in Favor Those Opposed Hearing Closed to Public Comment Council Deliberation and Action 7. *Discuss and consider approval of an amendment to the real estate sales agreement between the Town and Tim House regarding the sale of the Town s property at 96 McMakin Road to extend the closing date and authorize the Mayor to execute same on behalf of the Town. 8. Discuss and consider approval of an ordinance amending the Town of Bartonville Code of Ordinances by amending Chapter 12, Traffic and Vehicles, by adding new No Parking regulations. (This item was postponed at the May 15, 2018, regular meeting.) 9. Discuss and consider a funding request from the Denton County Children s Advocacy Center. 10. Discuss and consider approval of the Bartonville Crime Control & Prevention District amended FY Budget 11. Discussion on Boards and Commissions appointments and applications. 12. Discussion on Bartonville Veterans Memorial. 13. Discuss and consider changing the date of the August 21, 2018, Town Council regular meeting. K. FUTURE AGENDA ITEMS/REQUESTS BY COUNCILMEMBERS TO BE ON NEXT AGENDA L. ADJOURNMENT

4 Town Council Meeting Agenda June 19, 2018 Page 4 I do hereby certify that the Notice of Meeting was posted on the bulletin board at Town Hall of the Town of Bartonville, Texas, a place convenient and readily accessible to the public at all times and said Notice was posted on the following date and time: Saturday, June 16, 2018, at 12:10 p.m. Tammy Dixon, TRMC, CMC, Town Secretary The City Council reserves the right to adjourn into a closed meeting or executive session as authorized by Texas Government Code, Sections , et seq. (the Texas Open Meetings Act) on any item on its open meeting agenda in accordance with the Texas Open Meetings Act, including, without limitation Sections of the Texas Open Meetings Act. Any final action, decision, or vote on a matter deliberated in a closed meeting will only be taken in an open meeting that is held in compliance with Texas Government Code, Chapter 551. *Amended to correct language on item 7

5 CALL TOTALS: ANIMAL CONTROL TOWN OF BARTONVILLE MAY, 2018 # of Call Outs 7 TOTAL Wk Hrs 3 Animal Impnds 2 Claim by Owner Adoptions 1 Warnings Written Notice Citations Trap Calls 2 Investigations 2 Cruelty Calls Dead Animals Dogs at Large Bite Cases Injured Animals Loose Livestock Wildlife Calls 3 Contacted By: TOWN HALL RESIDENTS 7 SELF POLICE TC Agenda Pkt Page 5

6 ACTIVITY LOG: MAY 2018 ANIMAL SERVICES FOR TOWN OF BARTONVILLE CALL OUT by RESIDENT: hrs. 575 Seals Rd: feral cat in owned trap for removal CALL OUT by RESIDENT: hrs Brasher Rd: removed large rat snake from bedroom of house CALL OUT by RESIDENT: hrs Saddlebrook Way: owned surrendered cat for pick up and adoption placement CALL OUT by RESIDENT: hrs Saddlebrook Ct: report of injured duck in backyard; upon arrival, duck ran off onto neighbor s yard area and down toward the creek; not catchable CALL OUTS by RESIDENTS: hrs Timber Ridge: trap rental for skunk in barn. 200 Hidden Oaks: sick or injured skunk seen on property; upon arrival, skunk was gone CALL OUT by RESIDENT: hrs Timer Ridge: resident sees skunk loose in the barn did not go into trap; upon arrival, skunk has borrowed in different area and is not accessible; will keep trap set. TC Agenda Pkt Page 6

7 TOWN OF BARTONVILLE June 14, 2018 Via Specific Project Schedule Development Plats... As Needed To: Michael Montgomery, Town Administrator From: Gary L. Vickery, P.E., CFM Town Engineer REF: TNP No. BRT18024 Plan & Plat Review We reviewed development plans for the 7-Eleven project. We reviewed a Minor Replat for a pair of lots on Seals Road. We have reviewed a replat for 1361 Bridle Bit. Streets Work Order No. 5 (crack sealing and spot repairs) has been issued and work has begun. Surveying has begun for the Rockgate overlay project, to be followed by the Dove Creek Reconstruction survey work. We will work to have plans for both ready to bid as a package, to be presented to Council for approval at the August meeting. We have done some limited survey of the Badminton turnaround (see attached exhibit) that shows the space available for a turnaround. We cannot accommodate the Bartonville Subdivision Regulations without significant drainage ditch relocation and addition ROW, but we can create a better turnaround. This work is still part of Work Order No. 5 but we have instructed SPI not to do anything there until directed otherwise. Drainage Work Order No. 6 (the East Jeter culvert replacement) has been prepared and is on the agenda for approval. Q:\PROJECTS\BRT18024\docs\Status Reports\BRT Project Status Report June 2018.doc Page 1 of 1 TC Agenda Pkt Page 7

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9 Town of Bartonville Monthly Financial Report (period ending May. 2018) -The Town s annual Spring Clean-Up was held May 12, The Town budgets $10,000 for the event, $7,593 was spent on the event. The largest expensive comes from the collection of Household Hazardous Waste in the amount of $4,459. -With the Police Department back at its full staffing, Municipal Court revenues have returned to their previous levels. However, the Town will still experience a $10,000 shortfall this Fiscal Year. Year-to-Date Budget Report The Year-to Date Budget Report compares the budgeted expenditures and revenues to actual expenditures and revenues. TC Agenda Pkt Page 9

10 Town of Bartonville Monthly Financial Report (period ending May 2018) Fiscal Year to Fiscal Year Comparison Property Tax: 9.6% increase Sales Tax: 14.2% increase Franchise Fee: 7.7% increase Licenses & Permits: 22.4% decrease Fines & Forfeitures: 8.9% decrease Revenue Reports The Revenue Reports provide an analysis of the major revenue sources for the General Fund. They contain the current year and 4 years of historical information. TC Agenda Pkt Page 10

11 Town of Bartonville Cash and Fund Balance Report as of May 31, 2018 General 100 $459,328 $566,676 Reserve 150 $306,538 $306,538 Wastewater 160 $11,685 $18,662 Street Maintenance 170 $686,125 $731,913 Economic Development Liability 180 $68,949 $68,949 Interest & Sinking 200 $119,467 $119,467 Court Security 210 $2,765 $2,765 Court Technology 220 $4,095 $4,095 Capital Improvement 300 $64,778 $64,778 Vehicle and Equipment Replacement 301 $13,439 $13,439 Community Development 800 $389,806 $412,178 Crime Prevention 900 $63,308 $70,751 TOTAL $2,190,283 $2,380,211 *Fund Balance does not include fixed assets TC Agenda Pkt Page 11

12 Town of Bartonville Balance Sheet As of May 31, /14/2018 4:03 PM Account Type Account Number Description Balance Total General Fund Assets Consolidated Cash Equity - General Fund 459, Economic Development Tax Grants Petty Cash-Town Hall Petty Cash-NS Spirit Day Petty Cash-Municipal Court Accounts Receivable 94, Tax Receivable 11, Property Tax Receivable Employee Receivable Inventory Buildings Land Landscaping Computer-Office Equipment Office Furniture & Fixtures Police Equipment Public Works Accumulated Depreciation Prepaid Expense Receivable Overpayment Sev Undeposited Funds Pass Thru Revenue 0.00 Total Assets 566, , TC Agenda Pkt Page 12

13 Town of Bartonville Balance Sheet As of May 31, /14/2018 4:03 PM Account Type Account Number Description Balance Total General Fund Liabilities Accounts Payable Accounts Payable to be closed out from conversion Year End Auditor Payables Police Department Retirement Sales Tax TMRS Payable 10, FICA Payable Unemployment - TWC Payable AFLAC - Employee Contribution Payable Accrued Vacation/Comp Dependent Insurance Payable (39.82) Deferred Comp Payable New York Life (643.88) Federal Income Tax (FIT) Payable Wages Payable Court Fines/Fees Collection Fees Collections Agency Fee State Fee 6, Child Safety Funds 7, Tx Seatbelt State Payables Warrant Fees Payable Deferred Revenue Due To Crime Prevention Due To Fixed Assets Due To Reserve Fund Due To Wastewater Due To Street Maintenace Due To I&S Fund Due To Court Security Fund Due To Court Technology Fund Due To Capital Improvement Due To Vehicle & Equipment Replacement Fund Due To General Long Term Debt Due To Bartonville Community Development Accured Interest Payable TC Agenda Pkt Page 13

14 Town of Bartonville Balance Sheet As of May 31, /14/2018 4:03 PM Account Type Account Number Description Balance Total General Fund Liabilities Accrued Wages Bonds Escrow Liability Bond Refund Payable Building Permit Deposit Refund Payable Building Permit Deposit Liability PD - Restricted Donations LEOSE 2, P D - Restricted Donations Unearned Revenues 10, Payable to Eco Development Corp 15, Payable to ED Tax Grants TML PD/Veh Ins Claim Proceeds TML Property Ins Claim proceeds Bank Rec Pass Through 0.00 Total Liabilities 51, Fund Balance Fund Balance 128, Total Fund Balance 128, Fund Balance Total 128, Current Year Increase (Decrease) 386, Total Fund Balance/Equity 514, Total Liabilities & Fund Balance 566, TC Agenda Pkt Page 14

15 Property Tax Revenue General Fund FY Month FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 YTD Difference Variance Received Received Received Received Received Received to FY 2017 to FY 2017 October $12,707 $13,522 $958 $4,107 $2,960 ($1,147) -27.9% November 20,865 28,428 34,117 26,562 47,245 $20, % December 147, , , , ,312 $37, % January 207, , , , ,190 $51, % February 65,575 58, , ,806 83,148 ($54,658) -39.7% March 12,269 12,830 11,131 15,838 19,099 3, % April 2,365 3,726 4,689 7,908 5,580 (2,328) -29.4% May 4,569 2,139 5, ,731 5, % June 3, ,099 2,945 July 2,572 1,660 3, August 138 1,570 2, September 47 2,347 3,931 (5,310) Total $479,418 $511,413 $565,331 $631,800 $695,265 $61, % Property Tax Revenue by Year Millions $0.7 $0.6 $0.5 $0.4 $0.3 $0.2 $0.1 $0.0 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 YTD Millions $0.4 $0.3 $0.3 $0.2 $0.2 $0.1 $0.1 $0.0 ($0.1) Property Tax Revenue by Month FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 October December February April June August TC Agenda Pkt Page 15 Unaudited

16 Sales Tax Revenue General Fund FY Month FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 YTD Difference Variance Received Received Received Received Received Received to FY 2017 to FY 2017 October $8,421 $10,504 $13,053 $18,108 $16,817 ($1,291) -7.1% November 10,596 12,775 43,778 52,644 60,915 $8, % December 10,640 13,289 14,355 16,627 15,938 ($689) -4.1% January 9,017 13,772 13,318 16,167 17,865 $1, % February 12,992 15,800 48,335 51,143 55,867 $4, % March 8,188 10,750 13,726 15,446 18,190 2, % April 7,755 20,505 18,240 14,802 25,773 10, % May 11,093 35,724 43,285 44,996 51,169 6, % June 9,466 17,356 15,784 17,193 July 9,517 43,420 18,667 18,711 August 11,581 20,459 43,510 46,694 September 9,668 12,340 16,585 16,715 Total $118,934 $226,694 $302,636 $329,246 $262,534 $32, % Special Note: The latest entry for the current fiscal year is listed in the month the tax was collected by the merchant. This amount is not received by the Town until two months later. By tracking information in this manner, the report and analysis will match the Town's Fiscal Year. Sales Tax Revenue by Year Thousands $350.0 $300.0 $250.0 $200.0 $150.0 $100.0 $50.0 $0.0 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 YTD Thousands $64.0 $54.0 $44.0 $34.0 $24.0 $14.0 Sales Tax Revenue by Month FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 $4.0 October December February April June August TC Agenda Pkt Page 16 Unaudited

17 Month FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 YTD Difference Variance Received Received Received Received Received Received to FY 2017 to FY 2017 October $35,386 $37,200 $36,925 $33,503 $32,582 ($921) -2.7% November 11,215 9,814 10,447 8,946 9,905 $ % December 904 2, ,061 1,206 $ % January 24,997 27,407 25,685 24,339 23,827 ($512) -2.1% February 16,240 12,298 10,417 10,053 9,919 ($134) -1.3% March 8,806 14,859 5,534 7,568 13,529 5, % April 33,582 29,957 30,147 27,902 30,686 2, % May 9,719 9,560 10,480 9,948 11,177 1, % June 1,527 1,182 1,128 1,208 July 24,376 23,494 18,814 21,080 August 10,024 10,272 11,365 10,126 September 1,687 1,954 1,136 1,088 Total $178,463 $180,659 $162,078 $156,822 $132,831 $9, % Special Note: Franchise Fees are typically received on a quarterly basis. Franchise Fee Revenue General Fund FY Franchise Fee Revenue by Year $200.0 Thousands $150.0 $100.0 $50.0 $0.0 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 YTD Thousands $40.0 $35.0 $30.0 $25.0 $20.0 $15.0 $10.0 $5.0 $0.0 Franchise Fee Revenue by Month FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 October December February April June August TC Agenda Pkt Page 17 Unaudited

18 Licenses & Permits Revenue General Fund FY Month FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 YTD Difference Variance Received Received Received Received Received Received to FY 2017 to FY 2017 October $1,580 $7,071 $13,765 $18,458 $13,418 ($5,040) -27.3% November 6,329 4,750 8,254 27,491 9,687 ($17,804) -64.8% December 2,375 11,859 15,449 11,950 8,710 ($3,240) -27.1% January 7,254 2,557 5,649 5,944 18,170 $12, % February 9,345 1,050 6,889 10,821 10,655 ($166) -1.5% March 7,174 1,200 20,626 7,705 2,805 (4,900) -63.6% April 11,950 9,899 24,034 8,404 5,631 (2,773) -33.0% May 9,955 9,937 11,032 13,160 11,604 (1,556) -11.8% June 2,210 1,090 15,141 9,715 July 2,130 13,186 7,678 7,594 August 6,101 10,920 6,401 3,110 September 1,656 8,883 6,524 14,096 Total $68,059 $82,402 $141,442 $138,448 $80,680 ($23,253) -22.4% Licenses & Permits Revenue by Year $150.0 Thousands $100.0 $50.0 $0.0 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 YTD Licenses & Permits Revenue by Month $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $0 TC Agenda Pkt Page 18 Unaudited

19 Fines & Forfeitures Revenue General Fund FY Month FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 YTD Difference Variance Received Received Received Received Received Received to FY 2017 to FY 2017 October $6,455 $1,820 $3,695 $3,270 $2,514 ($756) -23.1% November 4,287 1,681 3,674 4,851 1,952 ($2,899) -59.8% December 3,023 3,738 4,294 2,748 2,041 ($707) -25.7% January 4,605 4,905 3,378 2,998 4,390 $1, % February 6,169 4,778 6,109 4,796 6,218 $1, % March 4,623 4,325 8,049 7,445 4,448 (2,997) -40.3% April 5,453 3,679 7,167 5,137 4,905 (232) -4.5% May 3,051 3,113 7,940 4,145 5,759 1, % June 5,054 4,399 4,517 2,452 July 1,843 7,790 7,394 3,291 August 2,162 6,514 5,768 2,840 September 3,280 5,389 5,019 2,475 Total $50,005 $52,131 $67,004 $46,448 $32,227 ($3,162) -8.9% Fines & Forfeitures Revenue by Year $70.0 Thousands $60.0 $50.0 $40.0 $30.0 $20.0 $10.0 $0.0 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 YTD Thousands $9.0 $8.0 $7.0 $6.0 $5.0 $4.0 $3.0 $2.0 $1.0 $0.0 Fines & Forfeitures Revenue by Month FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 October December February April June August TC Agenda Pkt Page 19 Unaudited

20 Town of Bartonville Financial Statement As of May 31, /15/ :41 PM General Fund Revenue Summary Revenue Totals Expense Summary Not Categorized Expense Totals Current Month Actual YTD Actual Annual Budget Property Taxes 6, , , Permits 11, , , Other/Transfer 2, , , Municipal Court 5, , , Salary & Benefits 54, , , Contracted Service 4, , , Lantana Town Center Grant 26, , , Transfer , , % of Budget Budget Remaining % (11,088.97) Sales Tax 51, , , % 53, % 31, Franchise Fees 11, , , % 30, % (15,959.74) Development Fees , , % 1, % 27, , ,241, ,359, % 117, % 221, Other 8, , , % 23, % 129, Supplies 1, , , % 32, % (12,607.37) Maintenance 3, , , % 27, % 0.00 Capital , , % % , , ,359, % 421, TC Agenda Pkt Page 20 1

21 Town of Bartonville Financial Statement As of May 31, General Fund Property Taxes Ad Valorem Current O & M Ad Valorem Pent & Int Ad Valorem Deliquent Property Taxes Totals Sales Tax Sales Tax Revenue Mixed Beverage Allocation Sales Tax Totals Current Month Actual YTD Actual 51, , Annual Budget % of Budget 4, , , % , % 6, , , % 315, % 61, , , % 51, , , % 6/15/ :41 PM Budget Remaining (7,580.10) 1, , , % (3,957.89) (11,088.97) (8,351.19) 53, Permits Right of Way (ROW) Revenue Permits:Accessory Bldg Permit Permits:Business C of O Permits Permits:Commercial Bldg Permits Permits:Contractor Registration Permits:Culvert/Driveway Permit Permits:Gas Well Inspection Fees Permits:Health/Food Permits Permits:Mobile/Utility/Other Permits:Oil/Gas Drilling Permit Permits:Pool Permit Fees Permits:Red Tag Fees Permits:Remodel/Addition Permit Permits:Residential Bldg Permits Permits:ROW Permit/License Permits:Septic Permit Fee Permits:Sign or Tree Permits % , , % , , % , % , , % % % 3, , , % , , % Permits:Special Event/Race Permit % 4, , % 1, , , , % 3, (1,245.00) , , % 6, (275.00) , % 3, , , , % 1, , , , % (1,828.15) 7, % , % TC Agenda Pkt Page 21 1

22 Permits:Truck Permit Permits:Water Well/Sprinkler Permits Totals Franchise Fees Electric/Gas Franchise Fees Telephone Franchise Fees Solidwaste Franchise Fees Water Franchise Fees Franchise Fees Totals Other/Transfer Adminstration Services General Revenue Permits:Royalties/Other Income Child Safety Collected EDC Interest Earned Interest Earned CoServ Grant Sale of Surplus Mowing/Demo Fees TOB/CTWSC Agreement Payment Transfer from BCCPD Transfer from BCDC NSF Fees General Fund Transfer -Tax Note FM ILA - Transfer to Street Hat Creek Construction Costs Transfer In Other/Transfer Totals Development Fees Permits:BOA Application Fees Development Fees Totals % % 11, , , % , , , % 22, , , , % , , % 11, , , % 2, % (12,758.86) % , , % 1, , , % % % , , % % % 2, , , % , % , , % (220.00) 31, , , , , % 2, , , % % (68.66) (3,533.88) % % , , % % % % 0.00 (15,959.74) (900.00) , , % 2, , Municipal Court Municipal Court Fines 4, , , % TC Agenda Pkt Page 22 34,

23 Court Costs Building Security Fees Municipal Court Totals 1, , % (6,354.08) % 5, , , % , Revenue Totals 88, ,241, ,359, % 117, TC Agenda Pkt Page 23 1

24 Town of Bartonville Financial Statement As of May 31, /15/ :41 PM General Fund Administration Current Month Actual YTD Actual Annual Budget % Budget Used Budget Remaining Certification Wages , , % Overtime Wages % Vacation Buy Back % Administrator Salary 8, , , % 25, Town Secretary Salary 8, , , % 26, Court Clerk Salary 2, , , % 15, Longevity Pay % Mileage Pay , % 2, Retirement - TMRS 3, , , % 10, FICA , , % 2, Health and Dental 1, , , % 3, Advertisements and Notices , % 3, Animal Control , , % 1, Appraisal Fees % Appraisal District , , % 2, Audit Entries % Audit & Accounting Expense , % 3, Bank Service Charges % Banners and Signs , , % 4, Building Inspections/Code Enforc 1, , , % 8, Cell Phone Charges % Clean Up Day 6, , , % 2, Codification , , % Computer Software , , % 10, Contract Labor % Copier Lease/Supplies/Maint , , % 2, Copier/Printing Expense and Sup , % 2, County Filing Fees % (282.50) County Tax Collection , , % Dues & Certs , , % ED Sales Tax Grants % 0.00 TC Agenda Pkt Page 24 1

25 Election Expense , % 5, Engineering/Surveying Services 2, , , % 12, Gas Well Inspections , , % 9, Gas Well Complaint Invest % LTC Property Tax Grant % Historic Marker % Insurance - Property & Liability , , % Legal (1,028.22) 23, , % 76, Maintence/Repair/Cleaning 1, , , % 8, Mixed Beverage % Office Supplies/Sm Ofc Equip , , % 1, Operations and Supplies , , % Other , % 3, Planning Services , % (1,995.00) Postage , , % Professional Services % Publications/Subscriptions , % Reconciliation Discrepancies % Records Management , , % 2, Sanitarian & Health Inspections , , % 1, TCEQ Fees % Town Meetings/Events , % 1, Transfer CIP - Town Hall Impr % Transfer to Street Fund , , % Transfer to Reserve Fund , , % Transfer to Capital Imp Fund % Transfer to Public Safety Fund % Travel & Training , , % 3, Utilities , , % 8, Tax Note , , % Equipment , , % 0.00 Administration Totals 40, , , % 267, TC Agenda Pkt Page 25 1

26 100 - General Fund Police Current Month Actual YTD Actual Annual Budget % Budget Used Budget Remaining Certification Wages , , % 4, Police Officer Wages 15, , , % 65, Overtime Wages 1, , , % 3, Vacation Buy Back % Police Chief Salary 8, , , % 24, Longevity Pay % Retirement - TMRS 3, , , % 13, FICA , , % 3, Health and Dental (1,205.24) 25, , % 9, Workers Compensation , , % 2, Unemployment Benefits % Auto Maint/Repair/CarWash , , % 5, Cell Phone Charges , , % 1, Child Safety , % (1,648.34) Computer Maintenance , , % 4, Criminal Invest & Background , % 1, DCSO Communications Contract , % 6, DCSO Support Contract % Dues & Memberships , % Fuel & Lubricants , , % 8, Insurance - Auto , , % 2, Insurance - Police Liability , , % 2, Insurance - Property & Liability , , % Motorola Solutions % Operations and Supplies , , % 2, Small Equipment Purchase/Repa , % 2, Travel & Training , , % (2,566.89) Uniform & Apparel Expense , % 2, Vehicle Replacement Fund Trans , , % Equipment % 0.00 Police Totals 31, , , % 163, TC Agenda Pkt Page 26 1

27 100 - General Fund Municipal Court Current Month Actual YTD Actual Annual Budget % Budget Used Budget Remaining Municipal Court Expenses , , % 3, Municipal Court Totals , , % 3, TC Agenda Pkt Page 27 1

28 100 - General Fund Streets Current Month Actual YTD Actual Annual Budget % Budget Used Budget Remaining Street Improvement Projec % Flower Mound ILA % Street Maint/Rpr % W. Jeter Project % 0.00 Streets Totals % 0.00 TC Agenda Pkt Page 28 1

29 100 - General Fund Transfers Current Month Actual YTD Actual Annual Budget % Budget Used Budget Remaining Transfer to Economic Developme 26, , , % (12,607.37) Transfers Out % 0.00 Transfers Totals 26, , , % (12,607.37) Expense Totals 98, , ,359, % 421, TC Agenda Pkt Page 29 1

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31 TOWN COUNCIL WORK SESSION WORK SESSION ITEM #1 DATE: June 19, 2018 FROM: ITEM: Michael Montgomery, Town Administrator Review and discussion on the proposed Fiscal Year Preliminary Budget and the proposed 2018 Ad Valorem Tax Rate. SUMMARY: Staff has prepared a draft budget that keeps the Town s tax rate at $ per $100 assessed value. ATTACHMENTS: Fiscal Year Budget Modifications Fiscal Year Proposed Budget Draft Town of Bartonville Pay Plan 2014 Police Step Plan 2018 Proposed Police Step Plan TC Agenda Pkt Page 31

32 Revenues Town of Bartonville FY Budget Modifications General Fund Ad Valorm Taxes ( ) Early indications show over 10% growth but this number will come down after protests are settled at the Central Appraisal District. 5% is being used as a place holder. The Town will receive its Certified Values on July 25 th. 2. Building Permits - Residential ( ) The following revenue line items have been consolidated into Building Permit Residential: Accessory Buildings, Culverts, Remodel/Addition, Pools, Water Wells. 3. Contractor Registration Fees ( ) Due to changes in State law, the Town may no longer collect contractor registration fees from electric contractors. The budgeted revenue has been reduced to reflect this change. 4. Past Fiscal Years ( ) Excess funds from previous budget years have not been allocated. These funds have grown to $125,000. These funds should only be used on one-time expenses, rather than re-occurring. Expenses 1. The Court (30) and Transfers (90) departments were created for the new fiscal year to better illustrate expenses in the General Fund. 2. TMRS Retirement (100-10,20, ) The Town s Texas Municipal Retirement System match rate has increased from 15.09% to 15.37%. 3. Town Attorney ( ) Staff s recommendation is to reduce the Town Attorney fees to their normal amount and create a Lacey Oaks Substation Legal Fees liability in Fiscal Year in the amount of $50,000 due to the project being indefinitely suspended. This allows the funds to be set aside and not impact future budgets. 4. Town Planner ( ) This expense has been increased to $10,000 for Dunaway to review the Town s Zoning Ordinance after staff and the Planning & Zoning Commission review and make modifications. A comprehensive review and change to the Town s Zoning Ordinance has not occurred since TC Agenda Pkt Page 32

33 5. Banners & Sings ( ) This expense has been increased to $15,000 for the purchase of new traffic signs. 6. Police Chief ( ) A one-time salary adjustment of $6,000 (8.3%) to $78,000 is proposed for the Chief due to performance & market-rate. 7. Sergeant ( ) The Chief has requested Officer Pendleton be promoted to Sergeant. Chief Dowell will give a detailed presentation at the Budget Workshop to further explain. 8. Police Officers ( ) The Step Plan has not been modified since Staff is proposing a new base of $50,000, up from $47,800 (4.6%). 9. Staff is recommending the adoption of a Town Pay Plan that sets minimums and maximums for each position in the Town. 10. There is currently an $421,255 excess of revenues. This is under the assumption that a portion of proceeds from the sale of the Bartonville Store are used to pay of the 2015 Tax Note. Due to the timing of the 2019 Tax Note, the first payment will not be due until Fiscal Year Of the $421,255 excess revenues, $340,000 should be allocated to one-time expenses. Staff will present options on the allocation of these funds. Reserve Fund No additional funds need to be allocated at this time. The goal is to be at 25% of reoccurring General Fund expenses. With a balance of $306,538 the fund is at 26.3%. Revenues Street Maintenance Fund The Town will issue a 5 Year Tax Note in Spring 2019 to fund the road projects as outlined in the 20 Year Outlook. Expenses 1. Engineering ( ) This expense line item was added to reflect the direct cost of design and surveying as it is related to the roads. The design and surveying for the roads in the 2019 Tax Note are expected to take 8 months and cost approximately $250,000. TC Agenda Pkt Page 33

34 2. Annual Maintenance ( ) This amount has been increased to $75,000 per the 20 Year Outlook. Economic Development Liability (Lantana Town Center) Fund This fund was created to better illustrate the Town s liability related to the Lantana Town Center grant. The Town realizes the expenses as a General Fund transfer ( ) every month based on sales tax income. The developer is then paid annually out of this fund rather than the General Fund. Court Security & Technology Fund 210 & These are restricted funds that can only be used for Municipal Court security and technology. Capital Improvement Fund Town Hall Equipment ( ) The return ducts in the Police Department need to be replaced, there are not enough supply registers which is causing an air flow problem and the unit the freeze up. TC Agenda Pkt Page 34

35 Town of Bartonville Fiscal Year Line-item Budget Per the 380 Agreement (Lantana Town Center) the Town is required to pay grants to the Developer each year in an amount equal to a certain percentage of the Town s sales tax and property tax revenues. For FY the amount is estimated at $175,000 which is listed under the General Fund Transfers. Account Description Actual FY Actual FY Amended FY Amended FY Amended FY Proposed FY General Fund ACCOUNT CODES GENERAL FUND REVENUE Tax Revenue - Current 475, , , , , , /4010 Tax Revenue-Delinquent/Penalty/Int 6,200 5,135 5,500 5,500 5,000 5,000 Ad Valorem Total 481, , , , , , Sales Tax 198, , , , , , Mixed Beverage Tax 3,000 5,613 4,000 4,000 4,000 30,000 Use Tax Total 201, , , , , , Franchise Fees-Electric/Gas 105, , , , , , Franchise Fees-Telephone 48,000 37,897 35,000 35,000 30,000 30, Franchise Fees-Water Supply 12,500 13,334 12,500 12,500 12,500 12, Franchise Fees-Solid Waste 11,000 13,298 11,000 11,000 11,000 12,000 Franchise Fee Total 176, , , , , , Building Permits - Residential 39,550 64,802 47,396 67,850 53,300 58, Building Permits - Commerical 6,000 6,634 16,619 20,000 5,000 4, Contractors Registration Fees 11,000 9,350 7,500 9,000 6,000 4, Septic Permits/Inspections 9,000 11,500 9,150 11,500 7,000 6, Special Event Permit Health Food Permit 2,550 5,200 6,500 7,500 6,000 6, Utility/Other Permits 7,000 7,335 5,500 6,000 3, Sign and Tree Permits ROW Permit Business Certificate of Occupancy 1,400 1,000 1,000 1,000 1,000 1, Truck Permit Red Tag Fees Permit Total 78, ,318 94, ,250 82,750 80, Zoning/Subdiv/Development Review Fees 3,000 7,560 7,300 36,000 6,000 4, Board of Adjustment Fee 450 1, Development Fee Total 3,450 9,210 8,200 36,900 6,900 4, Court Fines & Forfeitures 65,000 51,889 56,559 65,000 60,000 60,000 Municipal Court Total 65,000 51,889 56,559 65,000 60,000 60, Interest Income ,000 8, Royalties 50 1,842 1,000 1, Gas Well Inspection Fees 40,200 33,100 29,200 29,200 29,200 29, Grant Funds 0 24, Insufficient Check Fee WW Overhead 0 1,500 1,500 1,500 1,500 2, Transfer from BCDC 0 3,325 5,000 5,000 5,000 5, Transfer from BCCPD 0 0 1,000 1,000 1,000 1, FM Interlocal Agreement 30, Adm Services/Misc/Other 1, ,000 19, Tax Note 0 520, Child Safety Fees 0 1,909 2,000 2,000 2,000 2, Past Fiscal Years 125,000 TOB/CTWSC Agreement , Other Revenue Total 72, , ,413 59,800 43, ,200 TOTAL GENERAL FUND REVENUE 1,078,462 1,678,509 1,373,715 1,418,753 1,359,579 1,583,400 GENERAL FUND EXPENDITURES Administration - 10 Salary & Benefits Town Administrator Salary 63,892 72,110 81,200 83,212 74,000 76, TA Cell Phone Allowance TC Agenda Pkt Page 35

36 Town of Bartonville Fiscal Year Line-item Budget Per the 380 Agreement (Lantana Town Center) the Town is required to pay grants to the Developer each year in an amount equal to a certain percentage of the Town s sales tax and property tax revenues. For FY the amount is estimated at $175,000 which is listed under the General Fund Transfers. Account Description Actual FY Actual FY Amended FY Amended FY Amended FY Proposed FY TA Mileage Allowance 0 1,744 2,100 2,400 2,400 2, Court Clerk Wages 9,830 20,086 27,500 30,075 32, Town Secretary Salary 55,673 74,393 72,800 74,631 77,230 80, Certification Pay ,600 2,400 2, Vacation Buy Back Salaries - Overtime 0 2,144 1, TMRS - Retirement 15,731 18,548 19,445 23,906 28,065 24, Longevity Health and Dental Insurance 26,334 22,172 16,450 18,772 19,000 19, Payroll Tax 5,726 6,568 4,000 4,500 4,500 3, Insurance - Property/WC/Liability 2,600 4,810 4,500 4,500 4,500 5,500 Retirement Agreement 0 25, Total Salary & Benefits 180, , , , , ,768 Opperations & Supplies Office Supplies 2,333 3,492 4,000 4,000 4,000 4, Operations and Supplies 1,541 2,865 3,000 4,000 7,000 4, Building Maintenance and Repair 33,180 44,081 17,500 17,000 20,000 20, Computer Maintenance/Software 4,742 11,783 12,000 27,650 26,000 26, External Printing 1, ,500 2,500 2,500 2, Postage 2,980 2,328 2,500 2,500 3,000 3, Utilities - Electric, Water, Phone, Etc 19,430 19,929 16,700 17,500 17,500 17, Copier 3,970 4,789 4,000 4,000 5,000 5,000 Total Opperations & Supplies 70,163 90,036 62,200 79,150 85,000 82,000 Contracted Services Town Attorney 60,653 77,028 42,000 58, ,000 50, Animal Control 2,400 2,300 2,700 2,700 2,700 2, Town Engineer 12,261 16,481 24,000 87,000 20,000 20, Auditor 3,500 3,500 3,500 3,500 3,750 3, Building Inspector 17,245 15,930 23,000 29,000 25,000 30, Health/Septic Inspector 6,250 9,900 7,000 8,000 8,000 8, Gas Well Inspector 24,933 27,405 25,000 24,750 24,750 24, /5513 Town Planner 2,285 2,500 2,500 16,500 3,500 10, Elections 7,921 9,450 5,000 5,000 5,000 5, Denton County Tax Office ,500 1,500 1,500 2, Appraisal District 4,484 3,420 3,900 3,900 4,500 5,000 Total Contracted Services 142, , , , , ,200 Other Legal Notices 1,353 3,881 4,500 4,500 4,500 4, Municipal Court Expense 4,621 13,861 10,000 14,000 10, Codification 375 4,745 2,700 2,700 2,700 2, Records Management 0 5,027 5,000 5,000 6,000 6, Training & Travel 881 1,910 5,000 5,000 5,000 5, Publications & Subscriptions ,000 1,000 1, Dues & Certifications 981 2,083 2,200 2,400 2,400 2, Bank Charges Banners & Signs 27 1,054 13,333 15,800 7,500 15, Clean Up Day 8,676 8,409 10,073 10,000 10,000 10, Town Meetings and Events 1,633 1,634 1,700 1,800 1,800 1,800 Historical Marker 0 0 2, TCEQ Fees Total Other 18,802 43,070 57,206 62,400 51,150 48,650 Total Expenditures - Administration 411, , , , , ,618 Police Department TC Agenda Pkt Page 36

37 Town of Bartonville Fiscal Year Line-item Budget Per the 380 Agreement (Lantana Town Center) the Town is required to pay grants to the Developer each year in an amount equal to a certain percentage of the Town s sales tax and property tax revenues. For FY the amount is estimated at $175,000 which is listed under the General Fund Transfers. Account Description Actual FY Actual FY Amended FY Amended FY Amended FY Proposed FY Salary & Benefits Chief 114,625 47,385 77,000 78,166 72,000 78, Sergeant 18, ,607 62, , Police Officers 156, ,384 97,013 99, , , Salaries - Overtime ,000 15,000 10,000 10, Certification / Incentive Pay 8,169 4,439 7,200 7,200 7,200 7, Vacation Buy Back , Longevity 1, Health and Dental Insurance 49,861 34,962 32,833 37,604 34,490 37, Payroll Taxes 5,940 3,610 4,300 4,992 5,700 5, TMRS - Retirement 35,755 19,311 25,229 30,844 32,987 39, LE Liability 3,789 3,824 5,000 4,500 4,500 2, Auto Liability 2,110 1,662 2,800 4,000 4,000 3, Property Insurance 1,916 2,434 2,200 2,200 2,200 2, Workers Comp 8,701 6,520 7,600 7,600 7,600 10,000 Total Salary & Benefits 408, , , , , ,471 Opperations & Supplies Opperations & Supplies 1,290 1,563 4,000 4,000 4,000 4, Dispatch/Software Maint Agreements 2,608 2,869 4,100 4,915 6,758 6, Computer Maintenance 5,808 13,185 13,200 14,400 15,000 15, Vehicle Maintenance 6,645 4,271 8,000 8,000 8,000 8, Small Equipt/Repair 1,534 3,401 8,600 2,500 2,500 2, DCSO Support Contract Fuel Supplies 11,407 7,398 9,500 11,000 11,000 11, Uniform / Apparel 335 2,269 3,500 3,500 3,500 3,500 Total Opperations & Supplies 29,627 34,956 27,850 48,815 51,258 51,258 Capital Lease Purchase Payment 11,841 11, Total Capital 11,841 11, Other Training & Travel 1, ,000 1,000 1,000 1, Dues and Memberships ,000 1,000 1,000 1, Utilities - Cellular Phones and Air Cards 3,598 3,759 4,200 4,200 4,200 4, DPS - Investigations ,000 1,000 2,000 2,000 L3 Communications 0 24, Motorola Solutions , Total Other 6,398 30,305 41,200 7,200 8,200 8,200 Total Expenditures - Police Department 456, , , , , ,929 Court Court Clerk Wages , TMRS - Retirement , Payroll Tax , Municipal Court Expenses ,000 Total Expenditures - Court 44,199 Transfers Transfer to Reserve Fund ,113 81,024 20,000 0 Transfer to CIP Fund ,000 10, Transfer to Street Fund , Transfer to I&S Fund , , ,332 0 Transfer to Equipment/Vehicle Replacement Fund 0 12,400 12,400 16,400 16,400 16, Transfer toeconomic Development Grant (Lantana Town Center) Fund , , , ,000 Total Expenditures - Transfers 0 12, , , , ,400 TOTAL GENERAL FUND EXPENDITURES 868, ,243 1,289,030 1,412,003 1,359,579 1,162,145 TC Agenda Pkt Page 37

38 Town of Bartonville Fiscal Year Line-item Budget Per the 380 Agreement (Lantana Town Center) the Town is required to pay grants to the Developer each year in an amount equal to a certain percentage of the Town s sales tax and property tax revenues. For FY the amount is estimated at $175,000 which is listed under the General Fund Transfers. Account Description Actual FY Actual FY Amended FY Amended FY Amended FY Proposed FY Reserve Fund RESERVE FUND BALANCE 170,866 56, , , , ,538 RESERVE FUND REVENUE Transfer from General Fund , , ,332 0 TOTAL RESERVE FUND REVENUE , , ,332 0 WASTEWATER FUND EXPENSES Transfer to General Fund TOTAL RESERVE FUND EXPENSES Wastewater Fund WASTEWATER FUND BALANCE 8,016 6,999 15,227 13,446 7,500 7,500 WASTEWATER FUND REVENUE BTC Treatment Income 30,000 35,137 32,000 32,000 32,000 32, Other Income - Repair/Utilities Overhead Expense 1,500 1,500 1,500 1,500 1,500 1, Interest Income TOTAL WASTEWATER FUND REVENUE 31,532 36,646 34,198 34,198 33,530 33,530 WASTEWATER FUND EXPENSES Treatment UTRWD 31,660 31,691 32,000 32,000 32,000 32, Utilities Repair/Maintenance TOTAL WASTEWATER FUND EXPENSES 32,010 32,018 32,788 32,788 32,788 32,788 Street Maintenance Fund STREET MAINTENANCE FUND BALANCE 2,506 41, , , , ,746 STREET MAINTENANCE FUND REVENUE FM ILA 120, , , , , ,000 Oil/Gas Reimburse Interest Income CIP Fund Transfer , General Fund Transfer 93, , , Year Tax Note 1,470, General Sales Tax - Streets Fund 30,000 55,146 80, , , ,000 TOTAL STREET MAINTENANCE FUND REVENUE 243, , , , ,252 1,795,200 STREET MAINTENANCE FUND EXPENDITURES 13/14 Projects 234, /15 Projects 0 64, /16 Projects (Dove Creek Culvert/Misc Patch/Slurry Seal) ,287 W. Jeter Reconstruction Project (late 2015) , Engineering , Annual Maintenance (Spot Repiar/Crack Seal/Culvert Replacement) ,000 60,000 75, Year Street Maint Plan 0 200, , ,780 1,470, Transfer to I&S for Tax Notes TOTAL STREET MAINTENANCE FUND EXPENDITURES 234,795 64, , , ,780 1,795,000 Economic Development Liability (Lantna Town Center) Fund ED GRANT FUND BALANCE 8,016 6,999 15,227 13,446 7,500 7,500 ED GRANT FUND REVENUE Transfer from General Fund , , , ,000 TOTAL ED GRANT FUND REVENUE , , , ,000 WASTEWATER FUND EXPENSES Sales Tax Grant 0 29,816 97,000 75, , Ad Valorem Grant 8,791 47,315 50,548 65,000 70,000 TOTAL ED GRANT FUND EXPENSES 0 8,791 77, , , ,000 TC Agenda Pkt Page 38

39 Town of Bartonville Fiscal Year Line-item Budget Per the 380 Agreement (Lantana Town Center) the Town is required to pay grants to the Developer each year in an amount equal to a certain percentage of the Town s sales tax and property tax revenues. For FY the amount is estimated at $175,000 which is listed under the General Fund Transfers. Account Description Actual FY Actual FY Amended FY Amended FY Amended FY Proposed FY Interest & Sinking Fund I&S FUND BALANCE 102,472 99,716 95,838 6,280 6,301 3,135 I&S FUND REVENUE Transfer from General Fund , , ,332 0 TOTAL I&S FUND REVENUE , , ,332 0 I&S FUND EXPENSES Tax Not Payment , , ,332 0 TOTAL I&S FUND EXPENSES , , ,332 0 Court Security Fund COURT SECURITY FUND BALANCE 2,603 2,600 COURT SECURITY FUND REVENUE Court Security Fee 1,000 1,000 TOTAL COURT SECURITY FUND REVENUE COURT SECURITY FUND EXPENDITURES Court Building Security Municipal Court Security TOTAL COURT SECURITY FUND EXPENDITURES ,000 Court Technology Fund COURT TECHNOLOGY FUND BALANCE 4,985 4,100 COURT TECHNOLOGY FUND REVENUE Court Technology Fee 1,500 1,700 TOTAL COURT TECHNOLOGY FUND REVENUE COURT TECHNOLOGY FUND EXPENDITURES Court Computer Software 200 2, Court Computer Hardware 1,800 0 TOTAL COURT TECHNOLOGY FUND EXPENDITURES ,000 2,400 Capital Improvement Fund CAPITAL PROJECTS FUND BALANCE 96,018 96, , ,061 50,000 50,000 CAPITAL PROJECTS FUND REVENUE Transfer from GF - Town Hall Project 0 113,675 90, CIP Interlocal Agreement Interest Income TOTAL CAPITAL PROJECTS FUND REVENUE ,821 90, CAPITAL PROJECTS FUND EXPENDITURES Office Furniture 0 3,979 10, McMakin Plat and Appraisal , Town Hall Remodel 2, , , Town Hall Equipment 10,000 Transfer to Street Fund ,000 0 TOTAL CAPITAL PROJECTS FUND EXPENDITURES 2,900 3,979 38, ,000 50,000 10,000 Vehicle & Equipment Replacement Fund VEHICLE/EQUIPTMENT REPLACEMENT FUND BALANCE 4,050 4,050 23,513 35,913 4,000 4,000 VEHICLE EQUIPTMENT/REPLACEMENT FUND REVENUE Transfer from General Fund (Ins. Claim) 0 7, Equipment Replacement Fund (Computers) 0 2,400 2,400 2,400 2,400 2, Vehicle Replacement Fund - Revenue 0 10,000 10,000 14,000 14,000 14,000 Transfer from Crime Control District 23, Sale of Vehicle #1 4, TC Agenda Pkt Page 39

40 Town of Bartonville Fiscal Year Line-item Budget Per the 380 Agreement (Lantana Town Center) the Town is required to pay grants to the Developer each year in an amount equal to a certain percentage of the Town s sales tax and property tax revenues. For FY the amount is estimated at $175,000 which is listed under the General Fund Transfers. Account Description Actual FY Actual FY Amended FY Amended FY Amended FY Proposed FY TOTAL VEHICLE REPLACEMENT FUND REVENUE 4,050 12,400 12,400 16,400 39,400 16,400 VEHICLE REPLACEMENT FUND EXPENDITURES Equipment Replacement (Computer) 0 0 1,800 1,800 1,800 1, Vehicle Replacement Expense ,000 47,000 0 TOTAL VEHICLE REPLACEMENT FUND EXPENDITURES 0 0 1,800 48,800 48,800 1,800 TC Agenda Pkt Page 40

41 Town of Bartonville Pay Plan Administration Job Title Pay Basis Minimum Maximum Admin/Court Clerk Annuual $23, $32, (Part-Time) Monthly $1, $2, (25 hrs per week max) Pay Period $ $1, Hourly $18.00 $25.00 Town Secretary Annuual $60, $80, Monthly $5, $6, Pay Period $2, $3, Hourly $28.85 $38.46 Town Administrator Annuual $65, $85, Monthly $5, $7, Pay Period $2, $3, Hourly $31.25 $40.87 Police Job Title Pay Basis Minimum Maximum Patrol Officer* Annuual $50, $56, Monthly $4, $4, Pay Period $1, $2, Hourly $24.04 $27.06 Sergeant* Annuual $57, $64, Monthly $4, $5, Pay Period $2, $2, Hourly $27.64 $31.11 Chief Annuual $62, $82, Monthly $5, $6, Pay Period $2, $3, Hourly $30.05 $39.66 *Step-Plan TC Agenda Pkt Page 41

42 Step Plan Schedule A Pay Grade FSLA Job Title Pay Basis Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer Sergeant N N Police Officer Sergeant CID Annually $47, $49, $50, $52, $53, Monthly $3, $4, $4, $4, $4, Pay Period $1, $1, $1, $2, $2, Hourly $22.98 $23.66 $24.36 $25.09 $25.84 Annually $55, $56, $58, $60, $62, Monthly $4, $4, $4, $5, $5, Pay Period $2, $2, $2, $2, $2, Hourly $26.61 $27.40 $28.22 $29.06 $ % 3% 3% 3% *Step plan is based on a 3% hourly increase. *Step plan is guarenteed through performance assessments. *Hourly increases past Step 5 will be based on performance asessments up to a 3% increase. TC Agenda Pkt Page 42

43 FY 2014/2015 Not 24/7 Coverage Pay Grade FSLA Job Title Base Pay Cert. Pay Insurance TMRS Longevity Total Police Chief N Police Chief $62,500 $1,800 $10,750 $6,651 $72 $81,773 Police Officer (1) N Police Officer (1) $53,997 $1,800 $10,750 $6,651 $144 $73,342 Police Officer (1) N Police Officer (1) $47,800 $1,200 $10,750 $6,651 $0 $66,401 Police Officer (1) N Police Officer (1) $47,800 $1,200 $10,750 $6,651 $0 $66,401 Police Officer (1) N Police Officer (1) $47,800 $1,200 $10,750 $6,651 $0 $66,401 $259,897 $7,200 $53,750 $33,255 $216 $354,318 *TMRS total is based off an average rate TC Agenda Pkt Page 43

44 FY 2014/ /7 Coverage with Sergeant Pay Grade FSLA Job Title Base Pay Cert. Pay Insurance TMRS Longevity Total Police Chief N Police Chief $62,500 $1,800 $10,750 $6,651 $72 $81,773 Sergeant CID (1) N Sergeant CID (1) $55,348 $1,800 $10,750 $6,651 $144 $74,693 Police Officer (1) N Police Officer (1) $47,800 $1,200 $10,750 $6,651 $0 $66,401 Police Officer (1) N Police Officer (1) $47,800 $1,200 $10,750 $6,651 $0 $66,401 Police Officer (1) N Police Officer (1) $47,800 $1,200 $10,750 $6,651 $0 $66,401 Police Officer (1) N Police Officer (1) $47,800 $1,200 $10,750 $6,651 $0 $66,401 $309,048 $8,400 $64,500 $39,906 $216 $422,070 *TMRS total is based off an average rate TC Agenda Pkt Page 44

45 FY 2014/ /7 Coverage with Double Oak Pay Grade FSLA Job Title Base Pay Cert. Pay Insurance TMRS Longevity Total 4 Contract Officers 4 Contract Officers $390,000 $390,000 TC Agenda Pkt Page 45

46 2018 Police Step Plan Draft Pay Grade FSLA Job Title Pay Basis Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer Sergeant N N Police Officer Sergeant CID Annually $50, $51, $53, $54, $56, Monthly $4, $4, $4, $4, $4, Pay Period $1, $1, $2, $2, $2, Hourly $24.04 $24.76 $25.50 $26.27 $27.06 Annually $57, $59, $61, $62, $64, Monthly $4, $4, $5, $5, $5, Pay Period $2, $2, $2, $2, $2, Hourly $27.64 $28.47 $29.33 $30.21 $ % 3% 3% 3% *Step plan is based on a 3% hourly increase. *Step plan is guarenteed through performance assessments. TC Agenda Pkt Page 46

47 TOWN COUNCIL AGENDA ITEM NO. 1 CONSENT ITEM DATE: FROM: ITEM: June 19, 2018 Tammy Dixon, Town Secretary Consider approval of the May 15, 2018, regular meeting minutes. SUMMARY: The Town Council held a regular meeting on May 15, FISCAL IMPACT: LEGAL REVIEW: ATTACHMENTS: Draft Minutes RECOMMENDATION: Move to approve the minutes from a regular meeting of the Town Council held on May 15, TC Agenda Pkt Page 47

48 THE BARTONVILLE TOWN COUNCIL HELD A REGULAR MEETING ON THE 15 th DAY OF MAY 2018, AT BARTONVILLE TOWN HALL, 1941 E. JETER RD, IN THE TOWN OF BARTONVILLE, COUNTY OF DENTON, TEXAS AT 6:30 P.M. The Town Council met in a regular meeting with the following members present: Bill Scherer, Mayor Jeff Traylor, Mayor Pro Tem (Mayor Pro Tem prior to closed session) Jim Murphy, Councilmember Place 4 (elected Mayor Pro Tem after closed session) Jaclyn Carrington, Councilmember Place 2 Clay Sams, Councilmember Place 3 with the following member absent: Josh Phillips, Councilmember Place 5 Also present: Michael Montgomery, Town Administrator; Tammy Dixon, Town Secretary; Bobby Dowell, Chief of Police; Gary Vickery, Town Engineer, Ed Voss, Town Attorney; and Jenifer Reiner, Planner. A. CALL REGULAR MEETING TO ORDER Mayor Scherer called the regular meeting to order at 7:00 p.m. B. CERTIFICATES OF ELECTION AND OATHS OF OFFICE Mayor Scherer presented the Certificates of Election. Ms. Dixon administered the Oath of Office to Mayor Bill Scherer. Mayor Scherer administered the Oaths of Office to Councilmember Jaclyn Carrington, and Councilmember Jim Murphy. C./D. CLOSED/OPEN SESSION The Town Council convened into a closed meeting at 7:05 p.m. pursuant to Texas Government Code Chapter 551, Sections and and reconvened into open session at 7:47 p.m. to discuss matters relating to consultation with Town Attorney and personnel as follows: 1. Deliberate and consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officers or employee; to wit: Discuss and consider election of Mayor Pro Tem. Councilmember Traylor moved to elect Jim Murphy as Mayor Pro Tem. Councilmember Carrington seconded the motion. VOTE ON THE MOTION AYES: Traylor, Carrington, Sams, Murphy NAYS: None ABSENT: Phillips VOTE: 4/0/1 TC Agenda Pkt Page 48

49 TOWN COUNCIL REGULAR MEETING May 15, 2018 PAGE 2 2. Consultation with Town Attorney regarding legal issues concerning noise complaints pertaining to outdoor music located at Marty B s Restaurant, 2644 FM 407. No Action Taken. 3. Consultation with Town Attorney regarding legal issues concerning Boards and Commissions. No Action Taken. E. PLEDGE OF ALLEGIANCE Mayor Scherer led the pledge of allegiance. F. PUBLIC PARTICIPATION/CITIZEN APPEARANCES Marty Bryan, 2644 FM 407, spoke in reference to the proposed No Parking regulations proposed along IT Neely and requested on street parking allowed along the west side of IT Neely. Del Knowler, 739 Seals, spoke in reference to the Upper Trinity Regional Water District Greenbelt Plan. G. APPOINTED REPRESENTATIVE/LIAISON REPORTS 1. Argyle Fire District Jim Strange provided a summary of the District s last meeting. 2. Planning and Zoning Commission No report. 3. Community Development Corporation. Jim Langford, Chairman stated the Board received an Economic Development Grant through CoServ in the amount of $14,900 to update the town s aerial maps and marketing material. Mr. Langford also announced the Golden Egg Café, located in Bartonville Town Center would be opening within the next week, serving breakfast and lunch. 4. Police Chief Report - Department Statistics/Activities for April Chief Dowell distributed the departments statistics for April. He stated the department collected 128 pounds of medication on Drug Takeback Day. Chief Dowell introduced Officer Lauren Trevino who was sworn in on April 30 th and stated Officer Michael Lugo was sworn in as a reserve office to handle all arson investigations. Chief Dowell distributed an illustration of the proposed updated Police Department patch. 5. Town Administrator Monthly Reports: Financial Statement- April 2018; Animal Services Report; Engineering Report; Spring Cleanup TC Agenda Pkt Page 49

50 TOWN COUNCIL REGULAR MEETING May 15, 2018 PAGE 3 Mr. Montgomery stated the Town s Mixed Beverage Sales tax for the previous quarter was $8,106, an approximate increase of $7,000. He further stated the cost associated with the Police Department Survey was $ H. CONSENT AGENDA Councilmember Carrington moved to approve consent items 1 and 2. Councilmember Sams seconded the motion. The items, as approved by consent, are restated below along with the approved recommendations, for the record. 1. Consider approval of the April 17, 2018, regular meeting minutes. RECOMMENDATION: Approve the April 17, 2018, regular meeting minutes. 2. Consider approval of a resolution re-appointing the Municipal Court Judge, Alternate Municipal Court Judge, Municipal Clerk, and Deputy Municipal Court Clerk. RECOMMENDATION: Approve Resolution re-appointing the Municipal Court Judge, Alternate Municipal Court Judge, Municipal Clerk, and Deputy Municipal Court Clerk. VOTE ON THE MOTION AYES: Traylor, Carrington, Sams, Murphy NAYS: None ABSENT: Phillips VOTE: 4/0/1 I. REGULAR ITEMS 3. Discussion regarding Dove Creek and Rockgate street repairs. Mr. Montgomery stated at the April 17, 2018, meeting staff was directed to further investigate the core samples from Dove Creek. Upon further investigation, Gary Vickery, Town Engineer recommended a 4-inch reconstruction of Dove Creek. A discussion ensued regarding the reconstruction of Dove Creek versus overlay and the costs associated with both options. The consensus of the council was to move forward with reconstruction. Staff was directed to bid for reconstruction of Dove Creek. Mr. Montgomery stated the Town was lacking right-of-way on Rockgate and would be meeting with the property owner to discuss options. He stated and staff would bring this item back to council. 4. Discuss and consider approval of Work Order #5 with SPI Asphalt, LLC, for spot repairs and crack sealing throughout the Town; and authorization for the Town Administrator to execute same on behalf of the Town. Mr. Montgomery stated staff and the Town Engineer identified the following areas that would benefit from immediate crack sealing and spot repairs: Badminton Drive Turnaround, Dove Creek Ditch Grading, and E. Jeter Culvert Replacement. TC Agenda Pkt Page 50

51 TOWN COUNCIL REGULAR MEETING May 15, 2018 PAGE 4 Councilmember Carrington moved to approve Work Order #5 with SPI Asphalt, LLC, for spot repairs and crack sealing throughout the Town; and authorized the Town Administrator to execute same on behalf of the Town. Councilmember Sams seconded the motion. VOTE ON THE MOTION AYES: Traylor, Carrington, Sams, Murphy NAYS: None ABSENT: Phillips VOTE: 4/0/1 5. Discuss and consider a request for a Site Plan to develop a 7-Eleven Convenience Store with retail gasoline sales. The property is generally located south of I.T. Neely and west of F.M (The Planning and Zoning Commission recommended approval by a vote of 5 to 0 at its May 2, 2018, meeting.) Mr. Montgomery stated this item was reviewed by the Development Review Committee and found to be in conformance with all applicable Town regulations. He further stated the Planning and Zoning Commission recommended approval of the site plan by a vote of 5 to 0 under the conditions that the sign on the left (south) elevation was removed to come into conformance with the Town s sign ordinance and that the remainder of the Town Engineer s comments be addressed. Additionally, Vice Chairperson McDonald requested an architectural feature for a pitched roof be added although it is not required by the Town s zoning ordinance. The applicant has advised the feature would not be added. Mr. Montgomery further stated the property was replatted by a Minor Replat in conformance with the Town s Subdivision Ordinance. Robert Feister with GreenbergFarrow, Design Engineer for the project, stated the project complies with the Town s ordinances and answered questions from the Council. Councilmember Traylor moved to approve a request for a Site Plan to develop a 7-Eleven Convenience Store with retail gasoline sales with the revised grading and drainage plan. Mayor Pro Tem Murphy seconded the motion. VOTE ON THE MOTION AYES: Traylor, Carrington, Sams, Murphy NAYS: None ABSENT: Phillips VOTE: 4/0/1 6. Discussion on the Bartonville Police Department Community Survey results. Jim Langford, 1044 E. Jeter Road, spoke in reference to the survey and stated he was pleased with the results. TC Agenda Pkt Page 51

52 TOWN COUNCIL REGULAR MEETING May 15, 2018 PAGE 5 Mayor Scherer stated the survey created some good discussions and results of the survey are a testament that the police department and officers are doing a fantastic job. Mr. Montgomery stated the survey opened on Monday, April 2 nd and closed on Friday, May 4 th. Postcards with directions on how to complete the survey were mailed on March 28 th. Staff verified all addresses with the Denton Central Appraisal District data which shows there are 604 property addresses in Bartonville. He further stated 318 responses were received. 266 responded online and 52 by paper postcard. Of those 318, 17 of the same addresses had two responses. Each multi-vote address response was given ½ a vote. No address had more than two responses. Another 30 responses did not provide an address or provided an address outside of the Bartonville Town limits therefore those responses were not counted. The verified total of responses was 271 which gives the survey a response rate of 44.86%. Using a 95% level of confidence (scientific standard), the survey has a 5% margin of error (positive and negative) based on the population and sample size. Question #1: Do you agree or disagree with the following statement: The Town of Bartonville should have a police department? Response Verified Percentage Agree % Disagree % TOTAL % Question #2: If agree, how should the Bartonville Police Department be staffed? The table below outlines how much property taxes would need to be raised (if a positive value) for increased police coverage and also how much savings (if a negative values) for decreased police coverage. Response Verified Percentage None % Chief + 1 Officer % Chief + 2 Officers % Chief + 3 Officers % Chief +4 Officers % Chief + 5 Officers % Chief + Sergeant + 5 Officers % TOTAL % Question #3: What should the Town do to ensure Bartonville keeps its rural, country feel? There were 239 responses. These responses were included in the May 15 agenda packet and are on file with the Town Secretary. TC Agenda Pkt Page 52

53 TOWN COUNCIL REGULAR MEETING May 15, 2018 PAGE 6 7. Discussion on Bartonville Veterans Memorial Monument. Mayor Scherer stated he wanted to begin discussions to consider a Veterans Memorial to honor those who gave the greatest sacrifice. Ms. Dixon provided stated she spoke with several cities and Memorial Monuments, a company that created monuments for many DFW municipalities and organizations. Memorial Monuments provided a few estimates that averaged $5,000. She further stated two possible locations on Town Hall property were to utilize the existing Flag Pole area or the landscape area in front of Town Hall. Ms. Dixon explained funding could be provided by the Town, the Economic Development Corporation, and/or the Town could establish a line item for donations, restricting the use of the donated funds for such a project. She further stated a resident architect volunteered to create a professional rendering for the Town at no charge. A discussion ensued and the consensus of the council was in favor of a memorial. 8. Discuss and consider approval of an ordinance amending the Town of Bartonville Code of Ordinances by amending Chapter 12, Traffic and Vehicles, by adding new No Parking regulations. Mr. Montgomery stated due to safety concerns Argyle Fire Chief Lugo in conjunction with Police Chief Dowell have requested that IT Neely become a No Parking Zone which would prohibit parking on either side for the entire length of the street. Chief Dowell answered questions by the Council and requested that if the council were to consider allowing parking that it only be on the north side from FM 407 to the first entry into Marty Bs and that no parking be permitted on the south side. Staff requested the item to be postponed to allow the area considered for parking to be measured. Mayor Pro Tem Murphy moved to postpone this item to the June regular meeting. Councilmember Carrington seconded the motion. VOTE ON THE MOTION AYES: Traylor, Carrington, Sams, Murphy NAYS: None ABSENT: Phillips VOTE: 4/0/1 9. Discuss and consider approval of the Budget Calendar and budget work session meeting dates. Mr. Montgomery provided a summary of the calendar and meeting dates. Following discussion, it was agreed to remove the June 5 th work session. TC Agenda Pkt Page 53

54 TOWN COUNCIL REGULAR MEETING May 15, 2018 PAGE 7 Mayor Pro Tem Murphy moved approve the budget calendar. Carrington seconded the motion. Councilmember VOTE ON THE MOTION AYES: Traylor, Carrington, Sams, Murphy NAYS: None ABSENT: Phillips VOTE: 4/0/1 J. FUTURE AGENDA ITEMS/REQUESTS BY COUNCILMEMBERS TO BE ON NEXT AGENDA K. ADJOURNMENT Mayor Scherer declared the meeting adjourned at 9:08 p.m. APPROVED this the 19 th day of June Approved: Attest: Bill Scherer, Mayor Tammy Dixon, Town Secretary TC Agenda Pkt Page 54

55 TOWN COUNCIL AGENDA ITEM NO. 2 CONSENT ITEM DATE: FROM: ITEM: June 19, 2018 Tammy Dixon, Town Secretary Consider approval of the Bartonville Community Development Corporation amended FY Budget. SUMMARY: On November 16, 2017, the Bartonville Community Development Corporation (BCDC) amended its budget to provide for adjustments to the operations and supplies and website line items. This amendment included an increase of $ to the Operations/Supplies line item for the purchase of chairs in the council meeting room. FISCAL IMPACT: LEGAL REVIEW: Line Items Current Budget Increase/Decrease Amendment Operations/Supplies Website 1200 (700) 500 Consulting Fees 20,000 (1500) ATTACHMENTS: BCDC Amended Budget RECOMMENDATION: Move to approve Bartonville Community Development Corporation amended FY Budget. TC Agenda Pkt Page 55

56 BARTONVILLE COMMUNITY DEVEOPMENT CORPORATION FY BUDGET Bartonville Community Development Corporation Revenues & Expenditures FY15/16 FY16/17 FY17/18 FY17/18 Begining Fund Balance 300, , , ,587 Revenues Actual Amended Adopted Actual Adopted Amended FY 11/12 FY 15/16 FY 16/17 YTD 09/05/17 FY 17/18 FY 17/18 Sales Tax 52, ,000 99, ,355 90,000 90,000 Interest Earned 2, ,000 2,000 Donation/Grant Total Revenue 54, ,400 99,800 92,000 92,000 Expenditures Actual Amended Adopted Actual Adopted Amended FY 11/12 FY 15/6 FY 16/17 YTD 09/05/17 FY 17/18 FY 17/18 Postage/Printing 1,000 1,000 1,000 1,000 Professional Training/Dues 1,000 1,000 1,000 1,000 Promotional/Marketing 16,000 9,000 8,035 9,000 9,000 Operations/Supplies ,700 Website 1,200 1,200 1, Legal 5,000 5, ,000 5,000 Consulting Fees 30,000 20,000 20,000 18,500 Personnel/Overhead Expense 5,000 5,000 5,000 5,000 5,000 Old Town Improvements 32, ,000 2,000 2,000 2,000 2,000 Old Town Maintenance & Operations 15,500 18,000 24,475 25,600 25,600 Traffic Count/Study 3,000 3,000 3,000 3,000 Incentives Reserve 40,000 50, , ,000 TOTAL Expenses 32, , ,700 44, , ,300 Fund Balance 6/30/17 $485,162 Totals for Fiscal Year Opening Fund Balance 494, Total Revenues 92, , Total Expenditures 223, Revenues vs Expenditures 363, Reserved/Allocated Marketing Carryover -16, BTC Grant -70, , Ending Fund Balance 277, TC Agenda Pkt Page 56

57 TOWN COUNCIL AGENDA ITEM NO. 3 REGULAR ITEM DATE: June 19, 2018 FROM: ITEM: Michael Montgomery, Town Administrator Discuss and consider approval of Work Order #6 with SPI Asphalt, LLC, for E. Jeter Road culvert replacement; and authorization for the Town Administrator to execute same on behalf of the Town. SUMMARY: Staff and the Town Engineer have identified a culvert on East Jeter (see attached map) that needs to be replaced. This culvert was included in Work Order #5 but removed at the May 15, 2018 Council Meeting so the Town Engineer could further investigate. FISCAL IMPACT: $42, LEGAL REVIEW: ATTACHMENTS: SPI Work Order #6 Location Map Engineer Plans RECOMMENDATION: Move to approve Work Order #6 with SPI Asphalt, LLC,, for E. Jeter Road culvert replacement; and authorization for the Town Administrator to execute same on behalf of the Town. TC Agenda Pkt Page 57

58 TC Agenda Pkt Page 58

59 TC Agenda Pkt Page 59

60 TC Agenda Pkt Page 60

61 CROSS PIPE LENGTHS & PIPE RUNNER LENGTHS 1 2 Pipe I.D. (Nominal) Working Point (at intersection of nominal I.D.) Trimmed Edge of Pipe Miter 3 1 4" Nominal Culvert I.D. 24" 27" 30" Pipe Cross Culvert Pipe Spa ~ G Length 1'- 7" 3'- 5" 1'- 8" 3'- 8" 1'-10" 3'-11" 3:1 Side Slope 0 Skew 15 Skew 30 Skew 45 Skew 5'- 5" 6'- 4" 5'-10" 6'-11" 8'- 0" Pipe Runner Length 4:1 Side Slope 6:1 Side Slope 0 Skew 15 Skew 30 Skew 45 Skew 0 Skew 15 Skew 30 Skew 45 Skew 7'- 7" 8'- 9" 8'- 1" 9'- 7" 11'- 0" 11'-11" 13'- 8" 12'- 9" 14'-11" 17'- 0" 33" 1'-11" 4'- 2" 6'- 2" 6'- 5" 7'- 3" 9'- 1" 8'- 6" 8'-10" 10'- 0" 12'- 5" 13'- 3" 13'- 9" 15'- 5" 19'- 2" NOTE: All Pipe Runners, calculations, and dimensions 36" 2'- 1" 4'- 5" 6'-11" 7'- 3" 8'- 2" 10'- 2" 9'- 6" 9'-11" 11'- 2" 13'-10" 14'- 9" 15'- 3" 17'- 2" 21'- 3" DISCLAIMER: The use of this standard is governed by the "Texas Engineering Practice Act". No warranty of any kind is made by TxDOT for any purpose whatsoever. TxDOT assumes no responsibility for the conversion of this standard to other formats or for incorrect results or damages resulting from its use. are based on the pipe culverts mitered as shown in this detail. Alternate styles of mitered ends will require that appropriate adjustments be made to the values presented on this standard. SIDE ELEVATION OF TYPICAL PIPE CULVERT MITER (Showing Corrugated Metal Pipe Culvert. Details of Concrete Pipe Culvert are similar.) Limits of Riprap (to be included with S.E.T. for payment) 4 Limits of Riprap (to be 7"x Miter 12" included with S.E.T. 3 CL Cross Pipe Anchor Bolt Working Point 8" 4" 12" Cross Pipe 12" Anchor Toewall for payment) 4 Top of Riprap A Trimmed Edge of Pipe Culvert 4" 3" 1" A 1 SIDE ELEVATION OF CAST-IN-PLACE CONCRETE Miter 3 (Showing Concrete Pipe Culvert. Details of Corrugated Metal Pipe Culvert are similar. Pipe Runners not shown for clarity) Flow Line 14" Varies Varies ~ See BOTTOM ANCHOR TOEWALL DETAILS 42" 48" 60" 2'- 4" 2'- 7" Side Slope 0 Skew Nominal Culvert I.D. 8'- 6" 10'- 1" 54" 3'- 0" 5'-11" 11'- 8" 3'- 3" 3:1 4:1 4'-11" 5'- 5" 6'- 5" 13'- 3" TYPICAL PIPE CULVERT MITERS 4:1 6:1 6:1 15 Skew 8'-10" 10'- 5" 12'- 1" 30 Skew 9'-11" 11'- 9" 45 Skew 3: : : :1 24" 27" 30" 33" 36" 42" 48" 4.141: : : : : :1 3 3:1 Side Slope 12'- 4" Nominal Culvert I.D. 24" 27" 30" 33" 36" 42" to 60" 0 Skew 15 Skew 30 Skew 45 Skew " thru 21" 12" " " " '- 7" 13'- 7" 15'- 8" 17'- 9" 12'- 0" 14'- 2" 16'- 3" CONDITIONS WHERE PIPE RUNNERS ARE NOT REQUIRED Single Pipe Culvert Skews thru 45 Skews thru 30 Skews thru 15 Skews thru 15 Normal(No Skew) Always required 13'- 6" 15'-10" Multiple 16'- 8" Pipe Culverts Skews thru 30 Skews thru 15 Skews thru 15 Always required Always required Always required ESTIMATED CONCRETE RIPRAP QUANTITIES (CY) 17'- 9" 20'- 9" 23'-10" 26'-10" 2 STANDARD PIPE SIZES & MAX PIPE RUNNER LENGTHS Pipe Size 3" STD 4" STD 5" STD 18'- 5" 21'- 6" 24'- 8" Pipe O.D. Pipe I.D. 2" STD 2.375" 2.067" 3.500" 4.500" 5.563" 20'- 8" 24'- 2" 3.068" 4.026" 5.047" 4:1 Side Slope 6:1 Side Slope 25'- 7" 1 Max Pipe Runner Length 10'- 0" 19'- 8" 34'- 2" 0 Skew 15 Skew 30 Skew 45 Skew 0 Skew 15 Skew 30 Skew 45 Skew Skews thru 45 Skews thru " " Direction of Traffic Miter 3 1 Pipe Runner 1 Size of Pipe Runner shall be as shown in the tables. Cross Pipe shall be the same size as the Pipe Runner. Cross Pipe Stub Out and Bottom Anchor Pipe shall be the next smaller size pipe as shown in the STANDARD PIPE SIZES table. Cross Pipe Riprap Bottom Anchor Pipe 2 This standard allows for the placement of only one pipe runner across each culvert pipe opening. In order to limit the clear opening to be traversed by an errant vehicle, the following conditions must be met: For 60" culvert pipes, the skew must not exceed 0. For 54" culvert pipes, the skew must not exceed 15. For 48" culvert pipes, the skew must not exceed 30. For all culvert pipe sizes 42" and less, the skew must not exceed 45. SHEET 1 OF 2 Bridge Division Standard SAFETY END TREATMENT Bottom Anchor Toewall Flow Line 3 If the above conditions cannot be met, the designer should consider using a safety end treatment with flared wings. For further information, refer to the TxDOT "Roadway Design Manual". Miter = Slope of Mitered Pipe Culvert End FOR 12" DIA TO 60" DIA PIPE CULVERTS TYPE II ~ CROSS DRAINAGE DATE: FILE: ISOMETRIC VIEW OF TYPICAL INSTALLATION (Showing installation with no skew.) 4 5 Riprap placed beyond the limits shown will be paid as Concrete Riprap in accordance with Item 432, "Riprap". Quantities shown are for one end of one reinforced Concrete Pipe Culvert. For multiple Pipe Culverts or for Corrugated Metal Pipe Culverts, quantities will need to be adjusted. Riprap quantities are for Contractor's information only. TC Agenda Pkt Page 61 SETP-CD FILE: setpcdse.dgn DN: GAF CK: CAT DW: JRP CK: GAF C TxDOT February 2010 CONT SECT JOB HIGHWAY REVISIONS 11-10: Add note for DIST COUNTY SHEET NO. synthetic fibers.

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63 TOWN COUNCIL AGENDA ITEM NO. 4 REGULAR ITEM DATE: June 19, 2018 FROM: ITEM: Michael Montgomery, Town Administrator Discussion on design and engineering for future street projects. SUMMARY: The 2019 Tax Note will consist of the following roads: Street Length Cost Type of Repair Maple 760 $ 119,320 Reconstruct Mulberry 640 $ 100,480 Reconstruct Wolf Run 300 $ 47,100 Reconstruct Broome 900 $ 141,300 Reconstruct Dove Creek (NC to Fox Run) 450 $ 70,650 Reconstruct Stonewood B 1,600 $ 251,200 Reconstruct Hidden Oaks 1,210 $ 189,970 Reconstruct Cardinal 450 $ 70,650 Reconstruct Dove Creek (Fox Run to Hat Creek) 930 $ 146,010 Reconstruct Glenview 710 $ 111,470 Reconstruct Stonewood Court 750 $ 65,250 Overlay Roadrunner 1,460 $ 127,020 Overlay Hunter Ct 1,270 $ 110,490 Overlay Ridgewood 530 $ 46,110 Overlay Timberidge 940 $ 81,780 Overlay TOTAL 12,900 $ 1,678,800 Due to the scale of the project, survey and design will take eight months. It is staff s recommendation to allow the Town Engineer to begin this process so the project in ready to bid in Spring of The Town Engineer has estimated the cost of design to be $181,000 and $38,000 for survey. These costs are included in the table above. Therefore, the Town s issuance would be reduced to $1,459,800. FISCAL IMPACT: $219,000 LEGAL REVIEW: TC Agenda Pkt Page 63

64 ATTACHMENTS: 20 Year Outlook RECOMMENDATION: Direct staff to begin the survey and design of the future street projects. TC Agenda Pkt Page 64

65 20 Year Town Financial Outlook Residential Streets FY 2019 Tax Note Road Maintenance Cost Admin + Police Cost (Chief + 3 Officers) Tax Rate Increase/ Decrease Fiscal Year Town Revenue Excess/Shortage Street Length Cost Type of Repair FY 2019 $525,000 $989,196 $1,591,000 $76, Maple 760 $ 119,320 Reconstruct FY 2020 $525,000 $999,088 $1,636,230 $112, Mulberry 640 $ 100,480 Reconstruct FY 2021 $525,000 $1,009,079 $1,680,317 $146, Wolf Run 300 $ 47,100 Reconstruct FY 2022 $525,000 $1,019,170 $1,723,226 $179, Broome 900 $ 141,300 Reconstruct FY 2023* $525,000 $1,029,361 $1,578,529 $24, Dove Creek (NC to Fox Run) 450 $ 70,650 Reconstruct FY 2024 $765,000 $1,039,655 $1,613,385 -$191, Stonewood B 1,600 $ 251,200 Reconstruct FY 2025 $765,000 $1,050,051 $1,646,786 -$168, Hidden Oaks 1,210 $ 189,970 Reconstruct FY 2026 $765,000 $1,060,552 $1,678,690 -$146, Cardinal 450 $ 70,650 Reconstruct FY 2027 $765,000 $1,071,158 $1,709,051 -$127, Dove Creek (Fox Run to Hat Creek) 930 $ 146,010 Reconstruct FY 2028 $765,000 $1,081,869 $1,737,822 -$109, Glenview 710 $ 111,470 Reconstruct FY 2029 $1,005,000 $1,092,688 $1,764,957 -$332, Stonewood Court 750 $ 65,250 Overlay FY 2030 $1,005,000 $1,103,615 $1,790,406 -$318, Roadrunner 1,460 $ 127,020 Overlay FY 2031 $1,005,000 $1,114,651 $1,814,118 -$305, Hunter Ct 1,270 $ 110,490 Overlay FY 2032 $1,005,000 $1,125,797 $1,836,041 -$294, Ridgewood 530 $ 46,110 Overlay FY 2033 $1,005,000 $1,137,055 $1,856,123 -$285, Timberidge 940 $ 81,780 Overlay FY 2034 $525,000 $1,148,426 $1,874,306 $200, TOTAL 12,900 $ 1,678,800 FY 2035 $525,000 $1,159,910 $1,890,535 $205, FY 2036 $525,000 $1,171,509 $1,904,751 $208, Street Length Cost Type of Repair FY 2037 $525,000 $1,183,224 $1,916,894 $208, Gibbons 5,410 $ 1,244,300 Reconstruct FY 2038 $525,000 $1,195,057 $1,926,901 $206, East Jeter (Hunters Ct to McMakin) 11,020 $ 2,534,600 Reconstruct *Town no longer receives $150,000 annual payment from Flower Mound Porter (E Jeter to Hawk) 6,800 $ 1,564,000 Reconstruct 20 Year Road Maintenance CIP Fiscal Year 5 year Road Bond 15 year Road Bond Road Maintenance Total TOTAL 23,230 $ 5,342,900 FY 2019 $450,000 $75,000 $525,000 Street Length Cost Type of Repair FY 2020 $450,000 $75,000 $525,000 Country Ct 1310 $205,670 Reconstruct FY 2021 $450,000 $75,000 $525,000 Green Oaks 1260 $197,820 Reconstruct FY 2022 $450,000 $75,000 $525,000 Latigo 1550 $243,350 Reconstruct FY 2023 $450,000 $75,000 $525,000 Post Oak 2550 $400,350 Reconstruct FY 2024 $240,000 $450,000 $75,000 $765,000 TOTAL 6670 $1,047,190 FY 2025 $240,000 $450,000 $75,000 $765,000 FY 2026 $240,000 $450,000 $75,000 $765,000 Street Length Cost Type of Repair FY 2027 $240,000 $450,000 $75,000 $765,000 Briarwood 560 $87,920 Reconstruct FY 2028 $240,000 $450,000 $75,000 $765,000 Bridle Bit 3530 $554,210 Reconstruct FY 2029 $480,000 $450,000 $75,000 $1,005,000 Broome 4270 $670,390 Reconstruct FY 2030 $480,000 $450,000 $75,000 $1,005,000 Coyote Ct 780 $122,460 Reconstruct FY 2031 $480,000 $450,000 $75,000 $1,005,000 Pin Oak 560 $87,920 Reconstruct FY 2032 $480,000 $450,000 $75,000 $1,005,000 Rustic 250 $39,250 Reconstruct FY 2033 $480,000 $450,000 $75,000 $1,005,000 Timber Oaks 460 $72,220 Reconstruct FY 2034 $450,000 $75,000 $525,000 Wolf Run 2590 $406,630 Reconstruct FY 2035 $450,000 $75,000 $525,000 TOTAL $2,041,000 FY 2036 $450,000 $75,000 $525,000 Arterial Streets FY 2024 Bond Residential Streets FY 2024 Tax Note Residential Streets FY 2029 Tax Note Repairs Summary FY 2037 $450,000 $75,000 $525,000 Type of Repair Length Cost FY 2038 $450,000 $75,000 $525,000 Crack Sealing (linear feet) 22,130 $ 46,473 Spot Repairs (square yards) 2,667 $ 120,015 NOTE: All revenue and expense estimates are subject to change W Jeter $ 20,000 Saddlebrook Concrete $ 50,000 Fog Seal (linear feet) 42,610 $ 53,263 TOTAL 67,407 $ 289,751 TC Agenda Pkt Page 65

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67 TOWN COUNCIL AGENDA ITEM NO. 5 REGULAR ITEM DATE: June 19, 2018 FROM: ITEM: Michael Montgomery, Town Administrator Public hearing to hear public comment and consider an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 12, Article 12.2 (C) Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit for the continued placement of an ice machine and propane storage on the exterior side of a proposed 7-Eleven located at 2670 FM 407, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Village Center District (VC) with outdoor merchandise as a permitted use by Conditional Use Permit only. The property is located on the southwest corner of IT Neely and FM 407. (The Planning and Zoning Commission recommended denial by a vote of 3 to 1 at its June 6, 2018, meeting.) SUMMARY: The applicant, The Dimension Group, is requesting approval of a Conditional Use Permit, to allow the continued placement of an ice machine and propane storage on the exterior side of a proposed 7-Eleven located at 2670 FM 407. On June 6, 2018, the Planning and Zoning Commission denied recommendation of this item with a vote of 3-1. Should the Council wish to grant this CUP, it will take a super-majority of three-fourths. The Town Planner has suggested the following conditions should the Council wish to approve the CUP: Screening of the outdoor storage (propane tanks and ice machine) shall comply with the following: 1. Match the materials and colors of the primary structure, and 2. Screen view of the outdoor storage from public road(s). FISCAL IMPACT: LEGAL REVIEW: This item has been reviewed by Ed Voss, Town Attorney TC Agenda Pkt Page 67

68 ATTACHMENTS: Applicant Submittal Letter to Property Owners Location Map Draft Ordinance RECOMMENDATION: Move to approve an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 12, Article 12.2 (C) Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit for the continued placement of an ice machine and propane storage on the exterior side of a proposed 7-Eleven located at 2670 FM 407, Bartonville Texas. TC Agenda Pkt Page 68

69 Town of Bartonville Application for Conditional Use Permit All applications must be submitted in accordance with the Submission Schedule attached hereto. Please complete the attached checklist. A site plan application must be submitted with all Conditional Use Permit Applications. Applicant (Owner or Agent, Specify): Mailing Address: Phone: Fax: Address*: (*This will be the primary method of communication) Owner s Name(s) if different 1 : Owner s Address: Phone: Fax: General Location of Property: Current Zoning: Legal Description of Property: (Attach Complete Metes and Bounds Description) Use Being Requested (In accordance with Appendix C:Land Use Table, of the Town of Bartonville s Comprehensive Zoning Ordinance: I hereby certify that the information concerning this proposed zoning change is true and correct and that I am the owner of record or the authorized for the owner of the above described property. Signature of Applicant/Owner Date STAFF USE ONLY: Date Submitted: Accepted By: Fee Paid: Check No. : P& Z Public Hearing: Metes & Bounds Attached: Yes No Council Public Hearing: Notarized Statement: Yes No 1 A NOTARIZED statement that authorizes the agent to represent the owner(s) in this matter must be attached to this application. TC Agenda Pkt Page 69

70 All applications must contain the required information as specified in the Town of Bartonville s Comprehensive Zoning Ordinance, (Code of Ordinances, Chapter 14, Exhibit A ), including but not limited to Chapter 16 relating to conditional use permits. ITEMS TO BE INCLUDED: Completed Application Notarized statement signed by each property owner Tax certificate indicating no taxes are due Application Fee Completed Site Plan Application and documentation (to be submitted on a separate form) APPLICATION REVIEW PROCEDURES Upon initial submittal, your case will be distributed to the following for review: Bartonville Water Supply Corporation or Argyle Water Supply Corporation (as applicable), the Argyle Volunteer Fire District and the Town Engineer and other members of the Development Review Committee (DRC). The Plan(s) will then be scheduled for a DRC meeting (see attached schedule). At the DRC meeting, each department will furnish a copy of comments/concerns to the applicant. Once the plans are corrected, revisions must be submitted. The revisions will then go before the Planning and Zoning Commission (P&Z) for their review and recommendation. Once the P&Z Commission has made their recommendation, the Town Council will review and take action on the application. SUBMITTAL REQUIREMENTS FOR DEVELOPMENT REVIEW COMMITTEE (DRC): **See attached schedule for submittal deadlines. Upon initial submittal the following is required 1. A set of ten (10) full size plans; 2. One (1) 11 X 17 copy; and 3. A digital copy of the plans in pdf form to be submitted via CD. SUBMITTAL REQUIREMENTS FOR P&Z COMMISSION: **See attached schedule for submittal deadlines. Once the DRC has made their recommendation, the following is required on or before the deadline for revisions to the P&Z in accordance with the attached schedule: 1. An additional set of ten (10) full size plans; 2. One (1) 11 X 17 copy; and 3. A digital copy of the plans in pdf form to be submitted via CD. SUBMITTAL REQUIREMENTS FOR TOWN COUNCIL: **See attached schedule for submittal deadlines. Once the P&Z Commission has made their recommendation, the following is required on or before the deadline for revisions to the Council in accordance with the attached schedule: 1. An additional set of ten (10) full size plans; 2. One (1) 11 X 17 copy; and 3. A digital copy of the plans in pdf form to be submitted via CD. TC Agenda Pkt Page 70

71 EXPIRATION OF CONDITIONAL USE PERMIT A conditional use permit shall expire if: 1. A building permit for the use has not been approved within one (1) year of the date of approval of the permit; 2. The building permit subsequently expires; 3. The use has been discontinued or abandoned for a period exceeding six (6) months; or 4. A termination date attached to the permit has passed. CRITERIA FOR APPROVAL A. Factors - When considering applications for a conditional use permit, the Commission and the Council shall evaluate the impact of the proposed conditional use on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the use at the particular location, and shall consider the extent to which: 1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Plan; 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; 3. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhood and includes improvements either on-site or within the public rights-of-way to mitigate development-related adverse impacts, such as traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods; 4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood; 5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets; 6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties; and 7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood. B. Conditions - The Commission may recommend and the council may require such modifications in the proposed use and attach such conditions to the conditional use permit as are necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. Conditions include but are not limited to matters related to limitation of building size or height, increased open space, increased impervious surface, enhanced loading and parking requirements, additional landscaping and improvements including curbing and pedestrian amenities, vehicular access and parking, placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the permit and hours of operation. TC Agenda Pkt Page 71

72 NOTARY FORM Town of Bartonville THE FOLLOWING IS TO BE COMPLETED BY EACH OWNER THAT IS NOT SIGNING THIS APPLICATION. Dated: I,, owner of the Property located at do hereby certify that I have given my permission to, to submit this conditional use permit application. Print Name Address Signature of Owner Phone No. State of Texas County of Before me,, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing certificate, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. (Seal) Notary TC Agenda Pkt Page 72

73 T 1R-2, BLOCK A AN PLAZA ADDITION C.I. NO , COA#:FIRM REG # F-4380 CALLED: ACRES DENTON COUNTY D.C.C.I. NO , O.P.R.D.C.T. LOT 1R-1, BLOCK A DENKMAN PLAZA ADDITION D.C.C.I. NO , O.P.R.D.C.T Democracy Dr. Suite 125 Plano, TX t: PROJECT TEAM I.T. NEELY DRIVE (70' WIDE RIGHT-OF-WAY) (CAB. U, SLIDE 221, P.R.D.C.T.) S ISSUE/REVISION RECORD 10" TREE 16" TREE 8" TREE 86, D.R.D.C.T.) PG. FARM TO MARKET HIGHWAY NO. 407 (VOL. 400, PG. 84 & VOL. 400, (VARIABLE WIDTH RIGHT-OF-WAY) 12"DOUBLE TREE W S PROFESSIONAL IN CHARGE MATT CLARK, PE PROJECT MANAGER QUALITY CONTROL 12" TREE DRAWN BY PROJECT NAME 7-ELEVEN #38332 LOT 1, BLOCK A YETI ADDITION CAB. U, PAGE 221, P.R.D.C.T. BARTONVILLE TEXAS 14" TREE IT NEELY ROAD & F.M "DOUBLE TREE 20" TREE 6" TREE 30" TREE 6" TREE 24" TREE 18" TREE 20" TREE 24" TREE 6" TREE 8" TREE 6" TREE 6" TREE 6" TREE W 8" TREE PROJECT NUMBER LOT 1, BLOCK A YETI ADDITION CAB. U, PAGE 221, P.R.D.C.T. SHEET TITLE SITE PLAN R SHEET NUMBER Know what's below. Callbefore you dig. TC Agenda Pkt Page 73 C1.1

74 TC Agenda Pkt Page 74

75 TC Agenda Pkt Page 75

76 Legal Notice The Planning and Zoning Commission for the Town of Bartonville, Texas, will conduct the first of two public hearings at 7:00 p.m. on Wednesday, June 6, 2018, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 12, Article 12.2 (C.) Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the continued placement of an ice machine and propane storage on the exterior side of a proposed 7-Eleven located at 2670 FM 407, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Village Center District (VC) with outdoor merchandise as a permitted use by Conditional Use Permit only. The property is located on the southwest corner of IT Neely and FM 407. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, June 19, 2018, at Bartonville Town Hall to hear public comment and consider the Conditional Use Permit for 2670 FM 407. All interested parties are encouraged to attend. TC Agenda Pkt Page 76

77 1941 E. Jeter Road, Bartonville, TX May 21, 2018 «First_Name» «Last_Name» «Address» «City», «State» «Zip» RE: Notice of Public Hearings for a Conditional Use Permit to allow for continued placement of an ice machine and propane storage for a proposed 7-Eleven located at 2670 FM 407, Bartonville Texas. Dear Property Owner, Per the Denton County Appraisal Districts records, you own property (Property ID«PID») within two hundred feet (200 ) of the property described in the notice below. The owner of the property has made application for a conditional use permit as described below. You are invited to attend and participate in the following public hearings regarding this application: The Planning and Zoning Commission for the Town of Bartonville, Texas, will conduct the first of two public hearings at 7:00 p.m. on Wednesday, June 6, 2018, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 12, Article 12.2 (C.) Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the continued placement of an ice machine and propane storage on the exterior side of a proposed 7-Eleven located at 2670 FM 407, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Village Center District (VC) with outdoor merchandise as a permitted use by Conditional Use Permit only. The property is located on the southwest corner of IT Neely and FM 407. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, June 19, 2018, at Bartonville Town Hall to hear public comment and consider the Conditional Use Permit for 2670 FM 407. All interested parties are encouraged to attend. Should you have any questions regarding this matter, please feel free to contact me at Sincerely, Tammy Dixon Town Secretary Enclosure: Location Map TC Agenda Pkt Page 77

78 TOWN OF BARTONVILLE ORDINANCE NO. -18 AN ORDINANCE OF THE TOWN OF BARTONVILLE, TEXAS, GRANTING A CONDITIONAL USE PERMIT (CUP) TO ALLOW FOR THE CONTINUOUS OUTSIDE RETAIL SALE OF PROPANE GAS AND ICE AT THE 7-ELEVEN STORE LOCATED AT 2670 FM 407, BARTONVILLE TOWN CENTER, BARTONVILLE, TEXAS; PROVIDING FOR TERMINATION PROCEDURES ON ABANDONMENT OR DISCONTINUANCE OF THESE CONDITIONAL USES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR NO VESTED RIGHTS; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Bartonville, Texas, is a Type A General Law Municipality located in Denton County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town of Bartonville, Texas, as a general law municipality, is empowered under the Texas Local Government Code, Section , to adopt an ordinance or rule that is for the good government of the Town; and WHEREAS, the Planning and Zoning Commission of the Town of Bartonville and the Town Council of the Town of Bartonville, in compliance with state law with reference to amending the Zoning Ordinance, have given the requisite notice by publication and otherwise, and after holding due public hearings and affording full and fair hearings to all property owners generally, the Town Council of the Town of Bartonville is of the opinion that said zoning ordinance should be amended as provided herein. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS, THAT: SECTION 1. CUP GRANTED The Zoning Ordinance for the Town of Bartonville, Texas, as amended, is hereby amended by granting a Conditional Use Permit (CUP) to provide for the continuous outside retail sale of propane gas, and the continuous outside retail sale of ice through the use of equipment and/or machinery located on the exterior side of the 7-11 retail store located at 2670 FM 407, Bartonville Town Center, Bartonville, Texas. The official zoning map of the Town of Bartonville, Texas, shall be amended to reflect the CUP granted by this Ordinance. TC Agenda Pkt Page 78

79 ORDINANCE -18 PAGE 2 SECTION 2. DISCONTINUANCE OR ABANDONMENT The use of the Property as a Retail Store shall be otherwise performed and maintained in accordance with the approval previously granted to the Property under the use and development regulations of the Zoning Ordinance, as amended. If the outside retail sale of propane gas is discontinued or abandoned for a period of six (6) months, such use shall not be resumed. If the outside retail sale of ice is discontinued or abandoned for a period of six (6) months, such use shall not be resumed. In the event the outside retail sale of propane gas and/or ice is discontinued or abandoned as set forth in this Section, then the Town may begin the process of revoking the CUP granted herein in accordance with state law and the Town Zoning Ordinance. For the purposes of this Section, the determination of whether the required use has been discontinued or abandoned shall be made and performed in the same manner as the determination of abandonment or discontinuance of a non-conforming use as set forth in the Town Zoning Ordinance, as amended. SECTION 3. SEVERABILITY It is hereby declared to be the intention of the Town Council of the Town of Bartonville, Texas, that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation in this Ordinance of such unconstitutional phrases, clause, sentence, paragraph, or section. SECTION 4. SAVINGS An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Town of Bartonville Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 5. ENGROSS AND ENROLL The Town Secretary of the Town of Bartonville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the Town Council of the Town of Bartonville and by filing this Ordinance in the Ordinance records of the Town. TC Agenda Pkt Page 79

80 ORDINANCE -18 PAGE 3 SECTION 6. PUBLICATION The Town Secretary of the Town of Bartonville is hereby directed to publish in the Official Newspaper of the Town of Bartonville the Caption and the Effective Date of this Ordinance for two (2) days. SECTION 7. PUNISHMENT 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 Bartonville Zoning Ordinance as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 8. NO VESTED RIGHTS No person or entity shall acquire any vested rights in this Ordinance or any specific regulations contained herein. This Ordinance and any regulations may be amended or repealed by the Town Council of the Town of Bartonville, Texas, in the manner provided by law. SECTION 9. EFFECTIVE DATE This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such case provides. AND IT SO ORDAINED. DULY PASSED AND APPROVED by the Town Council of the Town of Bartonville, Texas, on the 19th day of June, APPROVED: Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary TC Agenda Pkt Page 80

81 TOWN COUNCIL AGENDA ITEM NO. 6 REGULAR ITEM DATE: FROM: ITEM: June 19, 2018 Michael Montgomery, Town Administrator Public hearing to hear public comment and consider an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 12, Village Center District (VC), Section 12.3 Development and Performance Standards, C. Minimum Design Criteria, 4. Roofs. (The Planning and Zoning Commission recommended approval by a vote of 4 to 0 at their June 6, 2018, meeting.) SUMMARY: The current design criteria for roofs located within the Village Center allows for bulk or box-type looking buildings. The goal of amending this ordinance it to bring more architectural features and character to future businesses in the Village Center Zoning District. The current roof regulations read: 4. Roofs: a. Building walls shall extend to parapets that enclose the roof area. Said parapets shall be of a sufficient height to fully screen the roof and any mechanical equipment located on the roof. The proposed regulations read: 4. Roofs: a. Flat roofs are prohibited unless the approved in the Site Plan. If a flat roof is approved in the Site Plan, then the building walls shall extend to parapets that enclose the roof area. Said parapets shall be of a sufficient height to fully screen the roof and any mechanical equipment located on the roof. Facades shall provide variations in vertical elevation articulation to prevent a straight or uninterrupted building line to discourage a bulk or box-type look to a building. FISCAL IMPACT: LEGAL REVIEW: This item has been reviewed by Ed Voss, Town Attorney TC Agenda Pkt Page 81

82 ATTACHMENTS: Legal Notice Draft Ordinance RECOMMENDATION: Move to approve an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 12, Village Center District (VC), Section 12.3 Development and Performance Standards, C. Minimum Design Criteria, 4. Roofs TC Agenda Pkt Page 82

83 The Planning and Zoning Commission for the Town of Bartonville, Texas, will conduct the first of two public hearings at 7:00 p.m. on Wednesday, June 6, 2018, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 12, Zoning Districts, Section 12.3 Development and Performance Standards, by Amending Chapter 12, Village Center District (VC), Section 12.3 Development and Performance Standards, C. Minimum Design Criteria, 4. Roofs The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, June 19, 2018, at Bartonville Town Hall to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending certain area standards in the Village Center zoning district as listed above. All interested parties are encouraged to attend. TC Agenda Pkt Page 83

84 TOWN OF BARTONVILLE ORDINANCE NO. AN ORDINANCE AMENDING THE TOWN OF BARTONVILLE CODE OF ORDINANCES, CHAPTER 14, EXHIBIT A, ZONING ORDINANCE, BY AMENDING SUBCHAPTER 12, VILLAGE CENTER DISTRICT (VC), SECTION 12.3, DEVELOPMENT AND PERFORMANCE STANDARDS, BY REPEALING SUBSECTION C.4, ROOFS, AND REPLACING IT WITH A NEW SUBSECTION C.4, ROOFS ; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Bartonville, Texas ( Town ), is a Type A General Law Municipality located in Denton County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town is a general law municipality empowered under the Texas Local Government Code, Section , to adopt an ordinance or rule that is for the good government of the Town; and WHEREAS, the Planning and Zoning Commission of the Town of Bartonville and the Town Council of the Town of Bartonville, in compliance with state law, have given the requisite notice by publication and otherwise, and after holding due public hearings and affording a full and fair hearing to all property owners generally, the Town Council of the Town of Bartonville is of the opinion that said zoning ordinance should be amended as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS, THAT: SECTION 1 The Code of Ordinances of the Town of Bartonville, Texas, shall be and the same is hereby amended by amending Chapter 14, Exhibit A, the Zoning Ordinance, Subchapter 12, Village Center District (VC), Section 12.3, Development and Performance Standards, by repealing Subsection C.4, Roofs, and replacing it with a new Subsection C.4, Roofs, which shall read as follows: 4. Roofs: a. Flat roofs are prohibited unless approved in the Site Plan. If a flat roof is approved in the Site Plan, then the building walls shall extend to parapets that enclose the roof area. Said parapets shall be of a sufficient height to fully screen the roof and any mechanical equipment located on the roof. Facades shall provide variations in vertical elevation articulation to prevent a straight or uninterrupted building line to discourage a bulk or box-type look to a building. TC Agenda Pkt Page 84

85 SECTION 2 All provisions of the Ordinances of the Town of Bartonville, Texas, in conflict with the provisions of this Ordinance shall be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 3 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 unconstitutional, illegal or invalid, and shall not affect the validity of the Zoning Ordinance as a whole. SECTION 4 An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Zoning Ordinance, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 5 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 Ordinances of the Town of Bartonville, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6 This Ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law in such cases provide. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the day of, APPROVED: Bill Scherer, Mayor TC Agenda 2 Pkt Page 85

86 (Seal) ATTEST: Tammy Dixon, Town Secretary TC Agenda 3 Pkt Page 86

87 DATE: June 19, 2018 TOWN COUNCIL AGENDA ITEM NO. 7 REGULAR ITEM FROM: ITEM: Michael Montgomery, Town Administrator Discuss and consider approval of an amendment to the real estate sales agreement between the Town and Tim House regarding the sale of the Town s property at 96 McMakin Road to extend the inspection period, and authorize the Mayor to execute same on behalf of the Town. SUMMARY: Tim House, purchaser of 96 McMakin Road, requested an extension of the closing date from July 15, 2018 to September 1, The inspection period is closed. If granted a closing date extension the purchaser will place an additional $10,000 in earnest money. The purchaser, prior to closing, would also like begin making improvements to the property such as taking down the fuel canopy, painting the building, and trimming trees. If approved, should the purchaser not close on the property the Town will not reimburse the purchaser for these improvements. FISCAL IMPACT: RECOMMENDATION: Move to approve an amendment to the real estate sales agreement between the Town and Tim House regarding the sale of the Town s property at 96 McMakin Road to extend the inspection period, and authorize the Mayor to execute same on behalf of the Town. TC Agenda Pkt Page 87

88 Fourth Amendment to Real Estate Sales Agreement This Fourth Amendment to Real Estate Sales Agreement (this Fourth Amendment ), dated as of June 19, 2018, is made by and between the TOWN OF BARTONVILLE, TEXAS, a Texas municipal corporation and general law municipality ( Seller ), and TIM HOUSE, an individual ( Buyer ), and constitutes an amendment to that certain Real Estate Sales Agreement, dated September 19, 2017 (the Agreement ), concerning the sale and purchase of real estate between the parties (the Parties ), as said Agreement has been amended by that certain First Amendment to Real Estate Sales Agreement, (the First Amendment ), dated December 12, 2017; as amended by that certain Second Amendment to Real Estate Sales Agreement (the Second Amendment ), dated January 16, 2018; and as amended by that certain Third Amendment to Real Estate Sales Agreement (the Third Amendment ), dated April 17, RECITALS WHEREAS, the Parties executed the Agreement on September 19, 2017; and WHEREAS, the Parties executed the First Amendment on December 12, 2017; and WHEREAS, the Parties executed the Second Amendment on January 16, 2018; and WHEREAS, the Parties executed the Third Amendment on April ; and WHEREAS, the Agreement contains a Closing Date provision whereby the Closing Date is scheduled to occur after the Inspection Period; and WHEREAS, the Parties desire to amend the Agreement to extend the Closing Date to a date certain, with the Buyer to provide an Additional Ernest Money deposit in consideration of such extension of time; and WHEREAS, the Parties desire to amend the Agreement to allow Buyer the opportunity to make minor improvements to the Property prior to the Closing Date subject to agreed upon conditions. NOW, THEREFORE, in connection with the foregoing, and in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: A. Fourth Amendment Specifics 1. From and after the effective date of the Fourth Amendment to Real Estate Sales Agreement, Section A(7) of the Agreement, entitled Closing Date, is hereby amended to read as follows: Fourth Amendment to Real Estate Sales Agreement 96 McMakin Road, Bartonville, Texas. Page 1 of 5 TC Agenda Pkt Page 88

89 H. Deadlines and Other Dates * * * 7. Closing Date: September 1, From and after the effective date of the Fourth Amendment to Real Estate Sales Agreement, Section C of the Agreement, entitled Earnest Money Deposit, is hereby amended by adding the following language to the end of the existing text, to read as follows: C. Earnest Money Deposit Within three (3) business days after Town Council approval of the Fourth Amendment to Real Estate Sales Agreement, Buyer shall deliver to Title Company, as defined in the Agreement, by bank wire of immediately available funds, the sum of Ten Thousand and No/100 Dollars ($10,000.00) as Additional Ernest Money provided by Buyer in consideration for the extension of the Closing Date as set forth in the Fourth Amendment to Real Estate Sales Agreement. Said Additional Ernest Money shall be applied towards the purchase of the Property, and is refundable to Buyer only in the event of Seller s Default as set forth in Section M(1) of the Agreement. 3. From and after the effective date of the Fourth Amendment to Real Estate Sales Agreement, Section J(4) of the Agreement, entitled AS-IS, WHERE IS Purchase, is hereby amended to re-designate the existing text as subsection (a), and by adding subsections (b) and (c), to read as follows: J. AS-IS, WHERE IS Purchase * * * 4. a. Seller acknowledges that the Property in its current configuration and condition does not comply with the Rural Business zoning requirements and is considered a legal non-conforming use in its current configuration and condition. Seller and Buyer agree that any further development of the Property must comply with the Town s zoning ordinance provisions, as mentioned above concerning Buyer s desire to pursue the CUP Application, including compliance with the Town s nonconforming use regulations. b. Seller and Buyer agree that, notwithstanding the foregoing provisions in subsection (a), as of the effective date of the Fourth Amendment to Real Estate Sales Agreement, and prior to the Closing Date, Buyer may request approval from the Town Administrator Fourth Amendment to Real Estate Sales Agreement 96 McMakin Road, Bartonville, Texas. Page 2 of 5 TC Agenda Pkt Page 89

90 to enter upon the Property to make and perform certain minor cleanup and improvements to the Property, including but not limited to, removal of the gas pump canopy, reasonable tree and vegetation trimming and maintenance, application of new exterior paint to the façade of the existing building on the Property, and similar tasks that do not require site plan approval. Buyer s preliminary minor cleanup and improvement tasks as described in this subsection (b) shall be subject to prior written approval and permission by the Town Administrator. Buyer s failure to obtain such prior written approval and permission from the Town Administrator shall constitute an event of Buyer s Default under Section M(2) of the Agreement. The Town Administrator s determination of whether, when, and to what extent the Buyer may enter upon the Property for the purpose of engaging in minor cleanup and improvement activities on the Property shall be exclusively reserved to the Town, and nothing in this provision shall require the Buyer to engage in any minor clean-up and maintenance activities on the Property. c. Should the Buyer enter upon the Property for the purpose of engaging in minor clean-up and maintenance activities on the Property under this Subsection 4, Buyer hereby releases the Town, its agents, servants and employees from any and all liability for the activities contemplated in this Subsection 4, and Buyer further agrees that neither Buyer, nor anyone on Buyer s behalf, will institute, prosecute, file or process, or assist or cooperate in or with the institution, prosecution or filing of any administrative action or litigation against the Town and any of its officers, agents, employees or officials relative to any aspect of the minor clean-up and maintenance activities contemplated in this Subsection 4 including, but no limited to, any common law causes of action or statutory actions for inverse condemnation, tort, negligence, trespass, or damages to real or personal property. Buyer further agrees to indemnify and hold harmless the Seller and its officers, agents, employees and officials from any and all claims, demands, judgments, damages, expenses, attorney s fees, actions and causes of action which may arise out of or in any way be connected with the minor clean-up and maintenance activities contemplated in this Subsection 4. B. Remainder of Terms of Agreement Remain the Same The rest and remainder of the terms and conditions set forth in the Agreement are unchanged and are not amended or altered by this Fourth Amendment. [rest of page intentionally left blank signatures appear on next page] Fourth Amendment to Real Estate Sales Agreement 96 McMakin Road, Bartonville, Texas. Page 3 of 5 TC Agenda Pkt Page 90

91 Seller: TOWN OF BARTONVILLE, TEXAS Buyer: TIM HOUSE By: BILL SCHERER Mayor By: TIM HOUSE An Individual Date: Date: Fourth Amendment to Real Estate Sales Agreement 96 McMakin Road, Bartonville, Texas. Page 4 of 5 TC Agenda Pkt Page 91

92 ACKNOWLEDGMENT of TITLE COMPANY Title Company acknowledges receipt of a copy of this First Amendment to Real Estate Sales Agreement executed by both Buyer and Seller on this day of, By: Name: Title: Date: Fourth Amendment to Real Estate Sales Agreement 96 McMakin Road, Bartonville, Texas. Page 5 of 5 TC Agenda Pkt Page 92

93 DATE: June 19, 2018 TOWN COUNCIL AGENDA ITEM NO. 8 REGULAR ITEM FROM: ITEM: Michael Montgomery, Town Administrator Discuss and consider approval of an ordinance amending the Town of Bartonville Code of Ordinances by amending Chapter 12, Traffic and Vehicles, by adding new No Parking regulations. (This item was postponed at the May 15, 2018, regular meeting.) SUMMARY: This item was discussed at the May 15, 2018 Town Council meeting. During the meeting, Chief Dowell recommended no parking on IT Neely along both sides for the first 235 feet (to the first driveway on the north side) as well as no parking on the south side for the entire road. The item was postponed to allow staff to obtain accurate measurements. FISCAL IMPACT: LEGAL REVIEW: The draft ordinance has been reviewed and approved as to form by Town Attorney, Ed Voss. ATTACHMENTS: Draft Ordinance RECOMMENDATION: Move to approve an ordinance amending the Town of Bartonville Code of Ordinances by amending Chapter 12, Traffic and Vehicles, by adding new No Parking regulations. TC Agenda Pkt Page 93

94 TOWN OF BARTONVILLE ORDINANCE NO. AN ORDINANCE AMENDING THE TOWN OF BARTONVILLE CODE OF ORDINANCES BY AMENDING CHAPTER 12, TRAFFIC AND VEHICLES, BY ADDING NEW NO PARKING REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Bartonville, Texas ( Town ), is a Type A General Law Municipality located in Denton County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town is a Type A General Law municipality empowered under the Texas Local Government Code, Section , to adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the municipality as a body politic; and WHEREAS, Section of Chapter 542 of the Texas Transportation Code, as amended, provides the Town the authority to regulate the stopping, standing and parking of a vehicle in the Town; and WHEREAS, Section of Chapter 545 of the Texas Transportation Code, as amended, provides that an operator of a vehicle may not stop, stand, or park a vehicle where an official sign prohibits such action; and WHEREAS, Section of Chapter 545 of the Texas Transportation Code, as amended, provides for a presumption regarding responsibility for the offense; and WHEREAS, the Town Council has determined that it would promote public health, safety and welfare to establish no parking regulations as set forth hereinbelow. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS, THAT: SECTION 1. The above and foregoing premises are true and correct legislative determinations and are incorporated herein and made a part hereof for all purposes. SECTION 2. The Town of Bartonville Code of Ordinances, Chapter 12, entitled Traffic and Vehicles, and Article 12.03, entitled Operation of Vehicles, are hereby amended by adding new Sections and , which shall read as follows: TC Agenda Pkt Page 94

95 ORDINANCE NO. Page 2 Sec No Parking Zones (a) When signs are erected in the following locations reading substantially, "No Stopping, Standing or Parking, Tow Away Zone, it shall hereafter be unlawful for any person to stop, stand or park any motor vehicle on the following parts of streets at any time: Street IT Neely Location The south side for the entire length of the street as well as the first 235 feet west from FM 407 on the north side of the street, and these areas are declared a tow-away zone. (b) The Town Administrator or his designee is directed to cause to be towed away any motor vehicle found stopped, standing or parked in violation of this section; and the owner of such motor vehicle shall be civilly liable to the person doing such towing for the reasonable cost thereof. Sec Presumption In a prosecution for an offense under this division involving the stopping, standing, or parking of an unattended motor vehicle, it is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred. A computer-generated record of the Texas Department of Transportation s files showing the current registered vehicle owner is prima facie evidence of the contents of the record and vehicle ownership. SECTION 3. 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 Section (c) of the Code of Ordinances of the Town of Bartonville, Texas, as heretofore amended; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 4. This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Bartonville, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the Town Council of The Town of Bartonville that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared TC Agenda Pkt Page 95

96 ORDINANCE NO. Page 3 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. The Town Secretary of the Town of Bartonville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the Town Council of the Town of Bartonville and by filing this Ordinance in the Ordinance records of the Town. SECTION 7. The Town Secretary of the Town of Bartonville is hereby directed to publish in the Official Newspaper of the Town of Bartonville the Caption and the Effective Date of this Ordinance for two (2) days. SECTION 8. This Ordinance shall be in full force and effect upon passage and publication in the official newspaper. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 19th day of June APPROVED: (Seal) Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary TC Agenda Pkt Page 96

97 DATE: June 19, 2018 TOWN COUNCIL AGENDA ITEM NO. 9 REGULAR ITEM FROM: ITEM: Michael Montgomery, Town Administrator Discuss and consider a funding request from the Denton County Children s Advocacy Center. SUMMARY: The Denton County Children s Advocacy Center has requested $2, based on the three clients that are served in Bartnoville. The Texas Legislature created a "Child Safety Fund" which allows counties to collect up to $1.50 per year from vehicle registrations. The adopted legislation provides for the County to keep 10% of the funds as an administrative fee plus any additional amount proportional to the County's population in the unincorporated areas of the County. The remaining funds must be distributed to the municipalities within the county based on population. To date, the Town of Bartonville has received $7, The revenue for Fiscal Year is $1, The Funds collected must be used for legislatively mandated purposes authrorized under Article (g) Code of Criminal Procedures. The main purpose is for school crossing guards, but if a municiplaity does not operate such a program the funds can be for any program designed to enhance child safety, health, or nutrition including child abuse intervention and prevention and drug and alcohol abuse prevention. The Town has historically provided funding the to the Denton County Children s Advocacy Center. FISCAL IMPACT: $2, in restricted funds LEGAL REVIEW: ATTACHMENTS: Funding request from Denton County Children s Advocacy Center RECOMMENDATION: Move to approve a funding request to the Denton County Children s Advocacy Center. TC Agenda Pkt Page 97

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