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05.22.2012 Town Council AgendaPage 1 of 3 ] 1. Call to Order / Roll Call 2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag 3. Announcements of dates and times of upcoming community events 4. Administer Oath and Issuance of Certificate of Election to Kenneth Dugger, Council Member Place 2 and Jason Dixon, Council Member Place 6. (AP) CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 5. MINUTES, RESOLUTIONS AND OTHER ITEMS 5a. Consider and act upon minutes from the following Council meeting(s) (AP) May 8, 2012 – Regular Town Council Meeting 5b. Consider and act upon Resolution No. 12-29, a second Amendment to Water and Sewer Improvement Development Agreement. (ML) 5c. Consider and act upon Resolution No. 12-30, to approve an Assignment and Assumption Agreement for a PreAnnexation Agreement between Forest City Prosper Limited Partnership and TVG Texas I, LLC. (ML) 5d. Consider and act upon Resolution No. 12-31, Estoppel Letter regarding Preannexation Agreement. (ML) 5e. Consider and act upon Resolution No. 12-32, authorizing the Town to enter into an Assignment and Assumption Agreement for Infrastructure Agreements (Water and Sewer Improvement Development Agreement & Water and Sewer Improvement Construction Agreement.) (ML) 5f. Consider and act upon Resolution No. 12-33, Estoppel Letter Regarding Infrastructure Agreements. (ML) 5g. Consider and act upon the April 2012 monthly financial statements. (MG) AGENDA Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, May 22, 2012 Work Session at 5 p.m. Regular Meeting at 6:00 p.m. Page 2 of 3 5h. Consider and act upon Resolution No. 12-28, denying Atmos Energy Corp., Mid-Tex Division’s requested rate increase. (MG) 5i. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) 6. CITIZEN’S COMMENT (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comments Form” and present it to the Town Secretary prior to the meeting.) Other Comments by the Public REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) DEPARTMENT ITEMS 7. Consider and act upon the appointment of a Mayor Pro-Tem and Deputy Mayor Pro-Tem. (AP) 8. Discussion regarding the Fiscal Year 2012-2013 Budget Calendar. (MG) 9. Presentation by NCC Data and discussion regarding IT services and disaster recovery planning for the Town of Prosper. (MG) 10. Update on Town of Prosper Capital and Construction Projects. (MB) 11. Discussion regarding capital projects and for potential Certificates of Obligation and also General Obligation debt financing needs. (MG) 12. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as authorized by the Texas Open Meetings Act to deliberate regarding; 12a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located south of Prosper Trail, east of the BNSF railroad, west of Custer, and north of Highway 380. 12b. Section 551.071. Meeting with Special Counsel regarding a matter in which the duty of the Special Counsel under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding legal issues relating to the Sanders matters which involve the Town. Page 3 of 3 12c. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 14. Adjourn CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted at least 72 hours before said meeting was convened. _________________________________ ________________ ____________________ Amy Piukana, TRMC Town Secretary Date Notice Posted Date Notice Removed In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary’s Office at (972) 569-1013. BRAILLE IS NOT AVAILABLE.