Special City Council Meeting  May 28, 2024  At  Gatesville Council Chamber  110 N. 8th Street  5:30 P.M.    INDEX MAY28,2024 5:30P.M.  REGULAR CITY COUNCIL MEETING  PAGE1-2--AGENDA-5-28-2024 CALLTOORDER ANNOUNCEMENT OF QUORUM INVOCATION, ANDI PLEDGE OF ALLEGIANCE  CITIZENS/PUBLIC COMMENTS FORUM: INDIVIDUALS WISHING' TO ADDRESS THE GATESVILLE CITY COUNCIL: MAYI DO so1 DURING THIS SEGMENT. IF YOUI INTEND TO COMMENT ON A SPECIFIC. AGENDA ITEM, PLEASEI INDICATETHE ITEM(S) ON THE SIGN- IN: SHEET BEFORE: THE MEETING. EACH SPEAKER, IS ALLOTED. A MAXIMUM OF 31 MINUTES FOR THEIR REMARKS, AND SPEAKERS AREI EXPECTED: TO CONDUCTTHEMSEVES IN Al RESPECTFUL & CIVILI MANNER. IN ACCORDANCE WITHTHE TEXAS OPENI MEETINGS ACT, THE CITY OF GATESVILLE CITY COUNCIL CANNOT. DELIBERATE OR. ACT ON ITEMSI NOTI LISTED ON THE MEETING. AGENDA.  PAGE3- CONSENT:  PRESENTATION OFLIFE-SAVING, AWARD TO GATESVILLE POLICE  OFFICER GLORYLITTLE  PAGE4-15 -ALL CONSENT AGENDA ITEMS ARE CONSIDERED ROUTINE BYTHE  CITY COUNCIL AND WILL: BE ENACTED BY A SINGLE MOTION. THERE WILBENOSEPARATE DISCUSSION OF THESE ITEMS UNLESS. A COUNCILMEMBER REQUESTS ANI ITEM' TO BEI REMOVED AND  CONSIDERED SEPARATELY.  RESOLUTION205: DISCUSSION. AND POSSIBLE, ACTION REGARDING  APPROVAL OF MINUTES FROMI REGULAR CITY COUNCIL MEETING HELD ON MAY1 14, 2024. (WENDY COLE) AS. A BOARD! MEMBER' TO' THE CENTRAL TEXAS COUNCIL OF GOVERNMENTS) EXECUTIVE COMMITTEE. AND SOLID WASTE. ADVISORY COMMITTEE. (BRAD HUNT) RESOLUTION? TO RE-ESTABLISH TWO REGULAR MONTHLY COUNCIL: MEETINGS ONTHES SECOND. AND FOURTH TUESDAY OFI EACH MONTH, ALONG WITH THE OPTION FOR SPECIAL CALLED MEETINGS. ASI NEEDED. DISTRICT: 2024 PRELIMINARY ASSESSMENT ROLL.  RESOLITION20S4: APPOINTMENT OFI INTERIM CITY MANAGER BRAD HUNT  RESOLUTION2D24-SS: DISCUSSION ANDI POSSIBLE. ACTION REGARDINGA  (WENDYCOLE) (MIKE HALSEMA)  RESOLUTION 2024-56: PRESENTATION OF CORYELL COUNTY APPRAISAL  PAGE 16-17 CITY COUNCIL MEMORANDUM- DISCUSSION ANDI POSSIBLE ACTION  REGARDING. Al RESOLUTIONTO. ADOPTTHE CORYELL COUNTY  HAZARD MITIGATION PLAN: 2023.  (BRAD HUNT & ROGER MILLER)  PAGE18-28 CITY COUNCIL: MEMORANDUM- DISCUSSION AND) POSSIBLE ACTION  REGARDING ORDINANCE NO. 2024-02, AN ORDINANCE. AMENDING "THE CITY'S ZONING ORDINANCE! BY AMENDINGTABLEI IV-UNIFORM HEIGHT AND AREA REGULATIONS" BY AMENDING VARIOUS SECTIONS OF SECTION 11 "ZONING DISTRICT DESCRIFTIONS"TO CLARIFY THE APPLICABILITY OF TABLEIV, ANDI BY AMENDING    SECTON 13, ADMINISTRATION ANDI ENFORCEMENT", BY ADDING. A NEW SECTION 13-7-CONFLICTS. BETWEEN TABLES AND CODETEXT". (3RD & FINALI READING OF ORD. 2024-02) (SCOTT ALBERT & DAVID  JONES)  PAGE29-36 CITY COUNCIL MEMORANDUM- DISCUSSION. ANDI POSSIBLE ACTION  REGARDING ORDINANCE NO. 2024-03, AN ORDINANCE, AMENDINGTHE CITY'S ZONING ORDINANCE IN REGARD TOI MOBILE, MANUFACTURED, AND MODULAR: HOMES. (3RD ANDI FINAL  READING OF ORDINANCE: 2024-03)  (BRAD HUNT & DAVID. JONES)  PAGE37-40 CITY COUNCIL MEMORANDUM- DISCUSSION AND POSSIBLE. ACTION  REGARDING ORDINANCE NO. 2024-04, AN ORDINANCE AMENDING THE CODE OF ORDINANCES. AT CHAPTER: 56 UTILITIES", ARTICLE1, "IN GENERAL"] BY. AMENDING SECTION. 56-6 "EXTENSION OF UTILITIES OUTSIDE CITYI LIMITS". (3RD ANDI FINALI READING OF CITY COUNCIL MEMORANDUM- DISCUSSION: POSSIBLE, ACTION REGARDING. AN AGREEMENT WITHI FORT CAVAZOS. AND THE CITYOF GATESVILLE INI REGARDS TO MANAGEMENT OFTHE MILITARY RECREATION CENTER. AND. AUTHORIZING1 THE INTERIM CITY MANAGERTO EXECUTE SAID. AGREEMENT.  ORDINANCE: 2024-04)  (BRAD HUNT)  PAGE41  (BRAD HUNT & SETH PHILLIPS)  PAGE42-45 CITY COUNCIL MEMORANDUM- DISCUSSION REGARDING. AN  ORDINANCE OF THE CITY OF GATESVILLE, TEXAS. AMENDING CHAPTER 18, FEES OFTHE CODE OF ORDINANCES OF THE CITY OF GATESVILLE; ADOPTING. AN ADDITIONAL SEWER RATEI FORTHE CITYOF GATESVILLE; AND PROVIDING ANI EFFECTIVE DATE  (1ST READING OF ORDINANCE: 2024-05)  (MIKE HALSEMA)  PAGE4 46-  CITYC COUNCILMEMORANDUM- DISCUSSION, ANDI POSSIBLE. ACTION REGARDINGARBTRACE REBATE FOR 2019 UTILITYSYSTEM  REVENUE: BONDS. (MIKE HALSEMA)  PAGE47-50 CITYCOUNCILMEMORANDUM- DISCUSSION ANDI POSSIBLEACTION  REGARDING FISCALYEAR: 20251 BUDGET CALENDAR  (MIKE HALSEMA)  ADJOURN MEETING    NOTICE (TEX. GOVT CODE CHAPTER 551, SEC.! 551.041) AGENDA SPECIAL CITY COUNCIL MEETING 5:30P.M GATESVILLE CITY COUNCIL CHAMBERS 110 NORTH 8TM STREET, GATESVILLE, TEXAS 76528 MAY: 28, 2024  THIS NOTICE ISI POSTED! IN COMPLIANCE WITH1 THE OPEN MEETING. ACT  An Open Meeting will bel held concerning thet following subjects:  Calll to Order 2. Quorum check  3. Invocation and Pledge of Allegiance  4. Citizens/Public Comments Forum: Individuals wishing to address the Gatesville City Council may do so during this segment. Ify you intend to comment on a specific agendal Item, please indicatei the item(s) on thes sign-in sheet before the meeting. Each speaker is allotteda maximum of3 minutes for their remarks, and speakers are expected to conduct themselves ina a respectful & civil manner. In accordance with the Texas Open Meetings Act, the City of Gatesville City Council cannot deliberate or act oni items not listed ont the meeting agenda. 5. Presentation ofL Life-Saving Award to Gatesville Police Officer Glory Little (CodyLee) 6. All consent agenda items are considered routine by the City Council and willl be enacted bya single motion. There will be no separate discussion oft these items unless a Coundimember RESOLUTION 2024-53: Discussion and possible action regarding approval of Minutes from RESOLUTION 2024-54: Appointment of Interim City Manager Brad Hunt as a Board Member to RESOLUTION 2024-55: Discussion and possible action regarding a resolution to re-establish RESOLUTION 2024-56: Presentation of Coryell County Appraisal District 2024 Preliminary  CONSENT:  requests an item to be removed and considered separately.  Regular City Council Meeting held onl May 14, 2024. (Wendy Cole) the Central Texas Council of Governments Executive Committee and two regular monthly council meetings on the second and fourth Tuesday of each month, along with the option for special called  Solid Waste Advisory Committee. Meetings as necessary. Assessment Roll (Mike Halsema)  (Brad Hunt) (Wendy Cole)  OTHER BUSINESS: Mitigation Plan 2023.  7. Discussion and possible action regarding a Resolution to adopt the Coryell County Hazard Discussion and possible action regarding Ordinance No. 2024-02, an Ordinance amending' "The City's Zoning Ordinance by amending" Table! IV' "Uniform Height and Areal Regulations" by amending various sections of Section 11 "Zoning District Descriptions" to clarify the applicability of Tablel IV, and by amending Section 13' "Administration and Enforcement" by. adding a new Section 13-7 "Conflicts Between' Tables and Code Text". 9. Discussion and possible action regarding Ordinance No. 2024-03, an Ordinance amending the City's Zoning Ordinance in Regard to Mobile, Manufactured, and Modular Homes.  (Brad Hunt & Roger Miller)  (3rd & Final reading of Ord. 2024-02) (3rd & final reading of Ordinance 2024-03)  (Brad Hunt & David: Jones)  (Brad Hunt & David. Jones)  P1    10. Discussion and possible action regarding Ordinance No. 2024-04, an ordinance amending the Code of Ordinances at Chapter 56' "Utilities", Article 1' "In General" by amending Section 56-6 "Extension of Utilities Outside City Limits." (3rd & final reading of Ordinance 2024-04) 11. Discussion and possible action regarding an agreement with Fort Cavazos and the City of Gatesville in regards to management oft the military recreation center and authorizing the Interim City Manager to execute said agreement. (Brad Hunt & Seth Phillips) 12. Discussion regarding an Ordinance of the City of Gatesville, Texas amending Chapter 18, Fees oft the Code of Ordinances of the City of Gatesville; adopting an additional sewer rate for the City of Gatesville; and providing an Effective Date (1st reading of Ordinance 2024-05) 13. Discussion and possible action regarding arbitrage rebate for 2019 Utility System Revenue 14. Discussion and possible action regarding Fiscal Year: 2025 Budget Calendar (Mike Halsema)  (Brad Hunt)  (Mike Halsema) (Mike Halsema)  Bonds.  15. Adjourn Meeting  Ihereby attest that the above agenda was posted on this the 24th day of May, 20241 by! 5:00 p.m. on the official City of Gatesville website, wwwsatesilletzcm and the official bulletin boards at the Gatesville City Hall, 803 E. Main Street and Gatesville Council Chambers, 110 N. 8th Street,  Gatesville, Texas. Wndylole Wendy Cole A City Secretary  The City of Gatesville council chambers are wheelchair accessible and accessible parking spaces are available att the back entrance of City Hall. Requests for accommodations or interpretive services must be made 24 hours prior to this meeting. Please contact the city secretary's office at 254-865-8951 or FAX 254-865-8320,  or email woe@gatesylekx.com: for further informat on.  P2    Gatesuille Spur Capital of'Tesas  Agenda Item #5  CITY COUNCIL MEMORANDUM  Date: To: From:  May 28, 2024 Mayor & City Council Brad Hunt, Interim City Manager  Agenda Item: Presentation of Life-Saving Award to Officer Glory Little  Information:  Interim Chief of Police Cody Lee will present Gatesville Police Officer Glory Little with al Life-Saving Award,  inc connection to her actions above and beyond the call of duty on February: 23, 2024.  Financial Impact: None Staff Recommendation: None Motion: None Attachments: None Staff Contacts:  Brad Hunt, Interim City Manager, hunt@satesletx.com  P3    REGULAR CITY COUNCIL MEETING MAY14,2024 5:30P.M. COUNCIL CHAMBERS, 110NORTH 8TH STREET, GATESVILLE, TEXAS 76528  AN OPEN MEETING WAS HELD CONCERNING THE FOLLOWING SUBJECTS: 1) CALLTOORDER REGULAR CITY COUNCIL MEETING. AT5:341 P.M. THIS 14TH DAYOF 2) QUORUM CHECK/COUNCIL PRESENT: Mayor Gary Chumley, Councilmembers Barbara Burrow, Greg Casey, Joel Patterson, Meredith Rainer, John Westbrook, and. Aaron Smith. CITY STAFF PRESENT: City Manager Scott L.. Albert, City Secretary Wendy Cole, Finance/HR Director Mikel Halsema, Police Chief Brad Hunt, Wastewater Superintendent. Robert Buster, City OTHERS: Leo Corona, George. Jeffers, Lora Socarras (Freese & Nichols Inc.), Chase Massingill, Lynn Massingill, Bryon Barnhill, Joe. Jones, Kelley. Adair, Bill Shoaf, Beverly Shoaf, Diana Barnett, Aaron Adams, Madison. Adams, Cory. A., Tiffanie! Meagher, Mason) Matthews, and Gatesville: Messenger Staff 3)! INVOCATION: Councilmember WestbrookPLEDGE OF ALLEGIANCE: Led by Mayor Chumley 4) CITIZENS/PUBLIC: COMMENTS FORUM: INDIVIDUALS WISHINGTO. ADDRESS THE GATESVILLE CITY COUNCIL MAY DOSOI DURING THIS SEGMENT. IF YOUI INTENDTO COMMENT ON A SPECIFIC, AGENDA ITEM, PLEASE INDICATE THE ITEM(S) ON' THES SIGN IN SHEET BEFORE' THE MEETING. EACH SPEAKER IS ALLOTED. Al MAXIMUM OF3 MINUTES FOR THER REMARKS, AND SPEAKERS ARE EXPECTED TO CONDUCT THEMSELVES IN A RESPECTFUL MANNER. IN ACCORDANCE WITH THE TEXAS OPEN MBETINGS ACT, THE CITY OF GATESVILLE CITY COUNCIL CANNOT DELIBERATE OR Aaron. Adams stated that hei isi not a Gatesville resident (is from Hamilton County) but asked for the status ofl Faunt Lel Roy Park and wheni iti might be opened back up after thei massive flooding that took place recently. He saidt thatl he isi involved with ther non-profit organization Amtguard (ar role- playing medieval fantasy combat group) and they frequent Faunt Lel Roy Park every weekend. Itl has been as safe haven for troubled teens andi individuals with social disorders and was hopingi it would be opened back Tiffanie Meagher, of2508 Lowrey, said that as ai resident ofthis towns shei ist backing up what Aaron stated and emphasizing that thej park is utilized and would liket tos see opened up soon. Mayor Chumley said thatt therei is currently nol known timeline regarding the park'ss status and willl be 5) THE CITY COUNCIL OF THE CITY OF GATESVILLE CONVENED INTOACLOSED EXECUTIVE SESSION. AT5:381 P.M.] FURSUANTTOTEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEYTO SEEK LEGAL ADVICE OF ITS ATTORNEY ABOUTI PENDING OR CONTEMPLATED: LITIGATION. AND/OR SETILEMENTTOWIT: CAUSEI NO.I DC-23-55054 IN THE 440TH JUDICIALI DISTRICT COURT OF CORYELLCOUNTY, CHASE ANDI LYNN MASSINGILL/ ASI DEVELOPERS FOR FIREFLY RVI RESORT VS. WILLIAM H.PARRY. INDIVIDUALLY. AS FORMER CITYMANAGERI FOR THE CITYOF GATESVILLE. AND THE CITY OF GATESVILLE. (VICTORIA THOMAS/COURTNEY MORRIS  MAY.2024  Attomey Victoria Thomas, by-way-of-Zoom (Executive Sessions).  Writer Kaylee Dusang.  ACT ON ITEMSI NOTI LISTED ON' THE MEETING AGENDA.  up soon.  closed until is deemed safe to enter. EXECUTIVESESSION:  & SCOTTALBERT)  P4    REGULAR CITY COUNCIL MEETING  MAY1 14, 2024 PAGE2  6) ENDI EXECUTIVE SESSION AND RECONVENE OPEN MEETING AT 6:40F P.M.- 7) DISCUSSION AND POSSIBLE. ACTION RESULTING FROMI DELIBERATIONS) IN Motion by Barbara Burrow, seconded by Aaron Smith, to authorize thel Rule 11 Agreement that has been negotiated between the City of Gatesville and the Firefly RVI Resort, 1st Phase, specifically for construction only; Councilmember Westbrook voted "Nay", Councilmember Rainer abstained; four 8) ALL CONSENT AGENDA ITEMS. ARE CONSIDERED! ROUTINE BY CITY COUNCILAND WILLI BEI ENACTED BY A SINGLE. MOTION. THERE WILLI BE1 NO SEPARATE! DISCUSSION OF THESE ITEMS UNLESS A COUNCILMEMBER REQUESTS AN ITEM' TO BE] REMOVED RESOLUTION: 2024-39: Discussion andj possible action regarding approval ofl Minutes from RESOLUTION 2024-40: Discussion and possible action regarding the re-appointment oft members RESOLUTION: 2024-41: Discussion and possible action regarding March 20241 Financials. RESOLUTION 2024-42: Discussion and possible action regarding approval of Second Quarter FY RESOLUTION 2024-43: Discussion and possible action to approve. Keep Gatesville Beautiful Motion by John Westbrook, seconded by Greg Casey, to approve the Consent Agenda; Resolution. 2024- 39, Resolution 2024-40: appointment of Wyllis Ament tol Place 2 and. John Westbrook tol Place 6t to two (2) year terms each as Commissioners tot thel Planning and Zoning Commission, Resolution 2024-41, 2024-42, and 2024-43: Approval of Dusti Morgan as Chairperson ofthel Keep Gatesville Beautiful Committee and approve the resignations of Shelley Herring as KGB Chairperson and Lizl Reinhardt and Cheri Shepherd as Staff Ex-Officio! Members and approve Lizl Reinhardt toi remain as al KGB Board  EXECUTIVE SESSION  voting' "Aye", motion passed.  AND CONSIDERED SEPARATELY)  Special City Council Meeting held on April 23, 2024. (Wendy Cole) To thel Planning and Zoning Commission. (Wendy Cole)  (Mikel Halsema) (Mike Halsema) (Wendy Cole)  23-241 Investment Report. Committee Board members.  member; all six voting "Aye", motion passed.  OTHER BUSINESS:  9). DISCUSSION. ANDI POSSIBLE ACTION REGARDINGTEMPORARYSTREET: CLOSURES REGARDINGTHE CATSVLIESHVANEEO ANNIVERSRY. MAY: 30TH -JUNE 2ND,2024 Chamber of Commerce President, Mason! Matthews, reminded the Council that previously, on August 22, ,2023, the City Council authorized thei temporary closure ofs streets surrounding the Gatesville Courthouse square from May 31 to. June 1, 2024, for the Shivaree, with the camival location set fora The Chamber now respectfully requests an extension oft the approved street closures made on August 22,  (MASONI MATTHEWS & BRADI HUNT)  separate decision in 2024. 2023 to alsoi include:  Extending further tot the corner of S. 8th St. andl E. Leon St.  S. 7th St. and Bridge St.  P5    REGULAR CITY COUNCIL MEETING  MAY1 14,2024 PAGE3  The dates for both street closure requests have been adjusted from May 31 - June 1, 2024, to. May 30- June 1,2024. The additional closures are to accommodate the camival, which willl be located on county property east of the city pool. Mr. Mathews said that the actual closures will only be on Saturday, June There willl be 401 to 50 vendors at the Shivaree and a concert at the: square Saturday night (June 1st). There was al brief discussion regardingi insurance coverage and the city ordinance: regarding operation of Mr. Albert explained thati ifCouncil approves the street closures the Council willl be alsol be agreeing to a waiver of Ordinance 2020-04 Section 32-67 which would allow the operation ofa carnival within a distance less than 500 feet from aj private residence. The carnival obviously being placed on the county property across from the city pool is well within less than 500 feet from ai residence. By approving the extension of closing the additional streets the council will be agreeing to allowing the operation ofa Police Chief Brad Hunt said that] PD. and the Chamber will contact all thel businesses around the courthouse & the Sheriff's office as a courtesy regarding thes street closure schedule. RESOLUTION 2024-44: Motionl byl Meredith Rainer, seconded by Greg Casey, to approve the additional street closures for the upcoming 50th anniversary of the Shivaree. May 30th - June 2nd 2024, which will also allow the operation oft the carnival; all six voting* "Aye", motion passed. 10) DISCUSSIONANDI POSSIBLE. ACTION REGARDING KELLY ADAIR UTILITY Approximately ten years ago, water service was extended to the. Anointed Acres, as subdivision located along Chantry Lane outside the city limits. This subdivision comprises twenty-four lots, 14 ofwhich remain under the ownership oft the developer, Mr. Adair. Anointed. Acresi is situated welll beyond both the city limits andt thel Extraterritorial Jurisdiction (ETJ). Sincel Mr. Adairi is already receiving water from thec city for this development staffbelieves that formal agreement oft the extension of water service beyond the city limits and ETJ would bei in thel besti interest ofboth the city and Mr. Adair. Thej proposed Utility Agreement would bei in regards to the remaining fourteen lots oft thet total 241 lots that don'thave water yet. Noi infrastructure changes would be made- only water meters willl be required and paid for by thec developer. There isa a six -inch linei ini front of thej property so there willl be sufficient water flowi the RESOLUTION 2024-45: Motion by Aaron Smith, seconded by Meredith Rainer, to approve entering into a utility service agreement with Kelly Adair to provide water service to fourteen residential lotsi in the Anointed Acres Subdivision, as described in the agreement; five voting "Aye", and Councilmember 11) DISCUSSION AND POSSIBLE. ACTION REGARDING BILL SHOAF UTILITY AGREEMENT Several weeks ago, Mr. Shoaf requested that the city provide two sewer taps for residential homes he was building outside the city limits. Although there was a verbal commitment toj provide this service over a year ago, staffbelieves it would bei in thel besti interest ofboth the city and] Mr. Shoafto formally document the extension ofv wastewater service outside the city limits onto existing sewerl lines. The proposed agreement applies only to the two lots currently owned by! Mr. Shoaf along! Fowler Streeti in thel Fort Gates area. Thes sewer capacity in this areai is adequate to support theset two (2) homes. A Geographic Information System (GIS): map was discussed and Councilmember Patterson suggested staff provide ai map in the future regarding wherei infrastructure: isl located outside the city limits.  1st.  A cars show willl bel by the tax office.  acarnival within a distance lesst than 500 feet from aj private residence.  carnival within] lesst than 5001 feet ofar residence.  AGREEMENT (SCOTT ALBERT)  house, firei flow, and firel hydrants willl bei installed.  Westbrook voting "Nay" motion passed.  (SCOTT ALBERT)  Mr. Albert said ap proposal isi in the works to update the GIS system.  P6    REGULAR CITY COUNCIL MEETING  MAY14, 2024 PAGE4 annex property.  Annexation and non-annexation agreements were discussed and the need tol be adjacent to city limits to RESOLUTION 2024-46: Motion by Greg Casey, seconded by Barbara Burrow, to approve entering into al utility service agreement with Bill and Beverly Shoaf toj provide wastewater service toi two (2) lots identified by the following Property I numbers; 114740 and 114741; five voting "Aye", and 12) DISCUSSION. ANDI POSSIBLE/ ACTION REGARDING. AMENDMENTTO CONTRACT BETWEEN CORYELLCITY WATER SUPPLY DISTRICT. AND THE CITY OF GATESVILLE, Coryell City Water Supply District (CCWSD) General Manager, Joe Jones, spoke to the Council regarding the proposed revision to the contract with the City of Gatesville. In November the CCWSD received al letter from the' Texas Commission on Environmental Quality (TCEQ), which conditionally approved upgrades to their Crawford water plant. The TCEQ letter required the CCWSD to submit a signed contract with the City of Gatesville detailing the interconnection points before CCWSD can begin deliveringi potable water to customers following their upgrades. Thus, the purpose ofa amending the current water supply contract is to clarify in the contract the existing interconnects (delivery points) The city maintains fouri intercomnecis/delvery points with the CCWSD, which are outlined ini the exhibit  Councilmember Westbrook voting' "Nay" motion passed.  TEXAS.  (SCOTTALBERT & JOEJ JONES)  between the CCWSD and the City of Gatesville.  attached tot thea amended water supply contract. These include: 1.1 Booster Pump 2- - 622,000 GPD 2. Plant 7- 40,000 GPD 3. 841 Meter Site- - 480,000 GPD 4.1 18291 Meter Site - 68,000 GPD  Gallons per day/volume! has not changed. The amendment tot the contract was prepared by the City's Special legal counsel for water matters, Mr. David. Klien with Lloyd Gosselink and city staff RESOLUTION2024-47 Motion1 by John Westbrook, seconded by Meredith Rainer, to approve Amendment No. 3t to the' Water Supply Contract between the City ofGatesville and the Coryell City 13) DISCUSSION. ANDI POSSIBLE. ACTION REGARDING. ACCEFINGAQUOTE FROM ENVIRONMENTAL IMPROVEMENTS FOR REPAIRS TOTHE PRIMARY CLARIFIER/ ATTHE In February, staff observed oil on the water's surface in the primary clarifier at the Leon Wastewater Treatment Plant. Consequently, staff commissioned Environmental Improvements to inspect the clarifier. The inspection revealed multiple issues requiring repair to the primary clarifier. Staff obtained three (3) quotes for these repairs and are recommending that City Council approve the quote from Environmental Improvements. There was al brief discussion regarding the total amount described in the RESOLUTION 2024-48: Motion by Barbara Burrow, seconded by John Westbrook, to approve the quote from Environmental Improvements for repairs to the primary clarifier at the Leon Wastewater Treatment Plant, not to exceed $182,000.00; and the use ofA ARPA funds to pay for the repairs; all six  recommends approval.  Water Supply District; all six voting "Aye", motion passed.  LEON WASTEWATER TREATMENT! PLANT.  (SCOTTALBERT & BOBBY BUSTER)  quote including all the options.  voting "Aye", motion passed.  P7    REGULAR CITY COUNCIL MEETING  MAY1 14,2024 PAGE5  14) DISCUSSION AND) POSSIBLE. ACTION REC ARDING WORK CHANGE DIRECTIVENO.0I City Manager. Albert stated that this this is a very simple change order for the Stillhouse Wastewater Treatment Plant project with no increase in cost and is anticipated to result in a credit to the city. Originally planned to house the influent pump station electrical controls within a new building, the setup was changed toj positioning them outside on a concrete padj protected bya canopy. This modification was intended to cut costs by eliminating the construction ofai new building for the electrical controls. While Walker Partners acknowiedges that placing the influent pump station controls outside under a canopy was a reasonable and cost-effective solution, this change adversely affected the RAS pump. Consequently, Walker Partners now recommends installing the RAS motor control equipment in an RESOLUTION 2024-49: Motion by Meredith Rainer, seconded by Aaron Smith, to approve Change order No. 11 for the Stillhouse Wastewater Treatment Plant Improvement Project; all six voting "Aye", 15) DISCUSSIONANDI POSSIBLEACTION REGARDING WORK CHANGE DIRECTIVENO.02 FORTHESTILLHOUSE BRANCH WASTEWATER TREATMENTI PLANT. (SCOTTALBERT City Manager Albert recommended that this agenda item be deferred to the next Council meeting as staff 16) DISCUSSIONF REGARDING ORDINANCE, NO. 2024-02, AN ORDINANCE. AMENDING "THE CITY'S ZONINGORDINANCE: BY AMENDING TABLEI IV" "UNIFORM HEIGHT AND AREA REGULATIONS" BY AMENDING VARIOUS SECTIONS OF SECTION 11"ZONING DISTRICT: DESCRIPTIONS" TO CLARIFY' THE APPLICABILITY OFTABLEIV.ANDBY AMENDINGSECTION 13 ADMINISTRATION. AND ENFORCEMENT") BY ADDING Al NEW SECTION13-7 "CONELICTS BETWEEN TABLES. AND CODE TEXT". (2ND] READINGOF City Manager Alberti introduced Lora Socarras, from Freese &1 Nichols Urban Planning Department. On May 6, 2024, the Planning and Zoning (P & Z) Commission hosted a workshop and a special meeting to discuss the ordinance being considered by the City Council tonight. Most City Council members attended the P&Z workshop and meeting. Planning Consultant, David Jones, from Freese & Nichols was present at that meeting and provided three (3) options tot the P& Zi members. Ms. Socarras presented the three (3) options that were considered at the P & Z: meeting and said that after deliberating and hearing from various speakers on three options for amending Table IVi in the zoning ordinance, the P&Z Commission unanimously recommended that the City Council proceed with amending Table IV by eliminating the "Bldg. Area" column (in the current table) and excluding "Minimum Dwelling Size" (in the proposed table). This approach would regulate the minimum buildable area through the minimum vard requirements. considering any lot space outside the P& Z: also recommended the following two (2) amendments to the: zoning ordinance: 1.R Revise certain section ini the ordinance to ensure Table IVi is] properly referenced int the ordinance. 2. Add Section 13-7 to the ordinance to clarify that the text of the ordinance shall govern if there isa  FORTHE STILLHOUSE BRANCH WWTP.  (SCOTTALBERT & BOBBY BUSTER)  existing ar-conditioned building, rather than outside.  motion passed.  & BOBBY BUSTER)  does not yet! have the cost details for the change order.  ORD. 2024-02)  (SCOTT ALBERT &1 LORA SOCARRAS)  required yards as buildable.  conflict between the Tablel IV and thet text of the ordinance.  P8    REGULAR CITY COUNCIL: MEETING  MAY 14, 2024 PAGE6  There was al brief discussion regarding the possibility of amending the lot area size on' Tablel IVI because there was concern thati it the 8,000 square feet for Singlel Family Residential is tool large. Also discussed was existing VS. new development lot area and ifthere was aj possibility of amending the second reading City) Manager. Albert said that the City Attorney would need tol be consulted because there would probably need tol bei notices posted and would hold up the final reading of this ordinancel but would ask Passing this ordinance will allow current builders tor move forward with their projects.  ofthis ordinance to reflect any of thei reduced1 lot area size considerations.  the City Attorey.  ORDINANCE 2024-02-02: Motion by Barbara Burrow, seconded by Joel Patterson, toj pass Ordinance 2024-02 tot the third and final reading at the next scheduled Council Meeting; all six voting' "Aye", 17) DISCUSSIONI REGARDING ORDINANCE NO. 2024-03, AN ORDINANCE AMENDINGTHE CITY'S ZONING ORDINANCE IN REGARDTOI MOBILE, MANUFACTURED.ANDMODULAR City Manager Albert said that therel had been no changes to this ordinance since thet firsti reading. ORDINANCE 2024-03-02: Motion by Greg Casey, seconded by Aaron Smith, toj pass Ordinance. 2024- 031 to the third and final reading att the next scheduled Council Meeting; five voting "Aye", motion passed. Councilmember Patterson didi not vote on thisi item asl hel left thei meeting but returned tot the 18) DISCUSSION REGARDING ORDINANCE NO. 2024-04.AN ORDINANCEAMEAMENDINGTHE CODEOF ORDINANCES/ ATCHAPTER 56 UTILITIES' ARTICLE1"TN GENERAL'BY AMENDING: SECTION_56-6 EXTENSION OF UTILITIES OUTSIDE CITYLIMITS.? City Manager. Albert said that therel had been no changes to this ordinance since the: first reading. Mr. Alberti reminded the Council that this ordinance outlines three (3) scenarios regarding annexation of ORDINANCE 2024-04-02: Motion by John Westbrook, seconded by Meredith Rainer, toj pass Ordinance 2024-04 to thet third and final reading at the next scheduled Council Meeting; all six voting  motion passed.  HOMES. (2ND READING OF ORDINANCE 2024-03) There were no questions from the Council.  (SCOTT ALBERT)  meeting after agenda item 17 was completed.  (2ND) READINGOF ORDINANCE 2024-04)  (SCOTTALBERI)  properties outside the city limitsi in order toj provide utility services.  There were no questions from the Council.  "Aye", motion passed. EXECUTIVE SESSION:  19) THECITY COUNCIL OF THE CITY OF GATESVILLE WILL CONVENED INTOACLOSED EXECUTIVESESSIONATI24PM.EURSUANTTO1 TEXAS GOVERNMENT CODE SECTION 551074/PERSONNELMATTERSTO DELIBERATE THE APPOINTMENT. EMPLOYMENT, EVALVATON.REASSIGCMENT.DUITES. DISCIPLINE. OR DISMISSAL OF AJ PUBLIC 20) END) EXECUTIVE SESSION ANDI RECONVENE OPEN MEETINGAT 10:25P.M.- 21) DISCUSSIONA AND] POSSIBLE, ACTION, RESULTING FROM DELBERATIONS IN  OFFICER OR EMPLOYEETOWTE CITY MANAGER  EXECUTIVE SESSION:  P9    REGULAR CITY COUNCIL MEETING  MAY1 14,2024 PAGE7  RESOLUTION: 2024-50: Motion by Meredith Rainer, seconded by. John Westbrook, to accept Scott Albert's resignation: from position of City Manager effective. May 15, 2024; five voting "Aye", RESOLUTION 2024-51: Motion by Meredith Rainer, seconded by Greg Casey, to authorize the Mayor to execute a separation agreement with Scott Albert on the terms provided to the City Attomey in Executive Session; five voting "Aye'Coumdimember: Burrow abstained, motion passed. RESOLUTION 2024-52: Motion by Meredith Rainer, seconded by Joel Patterson, to appoint Brad Hunt as Interim City Manager and Mike Halsema as Deputy Interim City Manager; effective May 15, 2024  Councilmember Burrow abstained, motion passed.  five voting "Aye", Councilmember Burrow abstained, motion passed.  22) ADJOURN MEETING AT 10:30P.M.THIS 14TH DAY OFN MAY,2024  ATTEST: Wendy Cole City Secretary  APPROVED: Gary M. Chumley Mayor  P10    Gatesville Spur Capital ofTexas Consent Agenda Item #6  CITY COUNCIL MEETING MEMORANDUM  Date: To: From:  May 28, 2024 Mayor & City Council Brad Hunt, Interim City Manager  Agenda Item: Discussion and possible action regarding a resolution appointing Brad Hunt as a  Board Member to the Central Texas Council of Governments Executive Committee  and Solid Waste Advisory Committee.  Information:  The Central Texas Council of Governments (CTCOG) is an association for local governments which include the following counties; Bell, Coryell, Hamilton, Lampasas, Milam, Mills, and San Saba. CTCOG's purpose is to strengthen both the individual and collective power of local governments and to help them recognize regional opportunities. The CTCOG helps local communities work cooperatively to improve the conditions and well-being of Central Texans. Whether reaching out to elders in need of at-home or nursing home assistance, helping at family find a safe and affordable home, providing essential transportation planning, The executive committee is comprised of city and county elected or appointed officials from the seven counties in the Central Texas region. The executive committee meets monthly to discuss regional issues and conduct agency business. The committee provides direction to the CTCOG staff on program implementation, budgets, contracts, and general policies and procedures for managing the agency. The Solid Waste Advisory Committee oversees the regional waste plan, household hazardous waste collection events, and funding assistance, including Keep Texas Beautiful Grants, Waste Management  or keeping communities safe through emergency: and: security programs.  Charitable Grants, Republic Services Charitable Grants, and EPAI Brownfields funding.  Financial Impact: N/A  Staff Recommendation: Approve Resolution No. 2024-54 appointing Brad Hunt to the CTCOG Executive Motion: Move to approve Resolution No. 2024-54 appointing Brad Hunt to the CTCOG Executive  Committee and Solid Waste Advisory Committee. Committee and Solid Waste Advisory Committee. Attachments: Resolution No. 2024-54.  Staff Contacts: bhunt@ratesyletz.com  P11    RESOLUTION 2024-54  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, APPOINTING THE INTERIM CITY MANAGER TO THE CENTRAL TEXAS COUNCIL OF GOVERNMENTS EXECUTIVE COMMITTEE AND SOLID WASTE WHEREAS, the City Council of the City of Gatesville is a member of the Central Texas Council of Governments (CTCOG), whichi is an association ofl local governmentsy workingt together to recognize egonalopportuntesand WHEREAS, the City of Gatesville as a member, wishes to participate in various CTCOG committees; and WHEREAS, the City Council of the City of Gatesville is committed to regional cooperation and wishes to appoint arepresentative from the City to CTCOG's executive committee and solid waste advisory committee; and NOW, THEREFORE, BE ITI RESOLVED BYTHE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS:  ADVISORY COMMITTEE  1. The City Council directs and designates Bradford Hunt, Interim City Manager, to serve on CTCOG's  Executive Committee and Solid' Waste Advisory Committee.  Passed and approved this 28th day of May 2024.  Gary Chumley, Mayor City of Gatesville, Texas  Wendy Cole, City Secretary City of Gatesville, Texas  P12    Gatesville 6 Spur Capitaloffexax Consent: Agenda Item #6 CITY COUNCIL MEMORANDUM  Date: To: From:  May 28, 2024 Mayor & City Council Wendy Cole, City Secretary called meetings as necessary.  Agenda Item: Discussion and possible action regarding a resolution to re-establish two regular monthly council  meetings on the second and fourth Tuesday of each month, along with the option for special  Information:  InJ January 2024, holding only one Council meeting on the second Tuesday of each month was approved for the next twelve months. Special Meetings could still be called if necessary to avoid any delays in significant decision- making matters. That decision met the requirements of the City Charter that required the City Council to hold at The primary reason for the once- a- month meeting was related to current staff workload and the need for more time to focus attention on various projects, initiatives, and operations. With more time between meetings, staff could concentrate on those projects, initiatives, and operations without the interruption of preparing for a meeting every two weeks. Thet thought was to allow more time to conduct extensive research, leading to better- Since the once- a- month meetings were approved last January, there has been the need to schedule a second meeting every month since then. Therefore, staff recommends re-establishing the twice- a- month meetings.  least one regular meeting each month.  informed decisions and improved execution of operations.  Financial Impact: N/A  Staff Recommendation: Re-establish two regular Council meetings per month.  Motion: Imake a motion to hold two (2) Council meetings each month, on the second and fourth Tuesday, with the option to hold as many additional meetings during the month as may be necessary fori the transaction  of business of the City and its citizens.  Attachment: N/A  Staff Contact: Wendy Cole, City Secretary wcole@patesvlets.com  P13    Spur CapitalofTxas Gatestille  Consent Agenda: #6  CITY COUNCIL MEMORANDUM  Date: To: From:  May 28, 2024 Mayor & City Council  Mike Halsema, Interim Deputy City Manager  Agenda Item: Presentation of Coryell County Appraisal District 2024 Preliminary Assessment  Roll  Information:  Attached are the preliminary property tax values for the FY25 budget. The Appraisal District provided the preliminary 2024 Taxable values and they are $537,677,847. Comparing preliminary values from last year to current, we are 2.12% above last year. Historically, there is an increase in final values over preliminary,  which may put the valuations over 3.5%1 from last year's certified values.  Preliminary Freeze Adjusted Taxable Values  (Tax' Year),  2024 2.12%  2023 9.54%  2022 15.79%  2021 5.32%  $537,677,847 $526,537,403 $480,675,163 $415,127,686  Increase from prior year Staff Recommendation: N/A Motion:  Accept presentation of the Coryell County Appraisal District 2024 Preliminary Assessment Roll  Attachments: Preliminary Property Tax values Staff Contacts:  Mike Halsema, Interim Deputy City Manager mhalemseatewletkcon  P14    CORYELL CENTRAL APPRAISAL DISTRICT  705 E MAIN STREET GATESVILLE, TX 76528  April 22, 2024 City of Gatesville Mike Halsema, Finance & HR Director 110N. 8th St Gatesville, TX 76528  Re: 2024 Taxable Value Estimate Dear Mr. Halsema:  The purpose oft this letter ist toj provide yourj jurisdictions taxable property value estimate in accordance with section 26.01 ofthe property tax code. At this early date, few protests havel been received or processed. Values for residential properties and most commercial properties are substantially set, but Coryell CAD will noti finalize values for business personal property, industrial personal property and agriculturally productive property until after May 15. The following is my estimate oft taxable value that will be certified on or before July 25, 2024 after an estimate oft the loss due to taxpayer protests:  NETTAXABLE  $655,730,159  FREEZE ADJUSTED TAXABLE $537,677,847  I, a Mitch Fast, Chief Appraiser for Coryell Central Appraisal District, do solemnly swear that the foregoing estimate is the preliminary 2024 estimate oft taxable value for Coryell County. The taxable value provided is subject to change by the appraisal district in accordance with appropriate rules and Ihave provided my best estimate oft taxable value for 2024 and consider the amount provided to bea reasonable expectation for budget purposes; however, additional value loss could occur. Iwill make every effort to keep you informed regarding the status of you estimated value as we: move through the  regulations, as well as by the action oft the. Appraisal Review Board.  protest and appeal process.  Ifyou have any questions, please do not hesitate to contact me.  33  mih Mitch Fast, RPA  April 22, 2024 Date  GATESVILLE OFFICE 705EMAINST 254-865-6593 PHONE  COPPERAS COVE OFFICE 202 E ROBERTSON AVE 254-542-6960 PHONE  email: info@coryelcad.org www.coryelcad.org  P15    Spur Capital Gateuille Agenda Item #7  CITY COUNCIL MEMORANDUM  Date: To: From:  May 28, 2024 Mayor & City Council Brad Hunt, Interim City Manager County Hazard Mitigation Plan 2023.  Agenda Item: Discussion and Possible Action to Approve a Resolution to Adopt the Coryell  Information:  Under Coryell County. Judge Roger Miller's guidance, the County of Coryell has prepared a multi-hazard mitigation plan, hereby known as the Coryell County Hazard Mitigation Plan 2023 in accordance with federal laws, including the Robert T. Stafford Disaster Relief and Emergency. Assistance Act, as amended; the National Flood Insurance Act of 1968, as amended; and the National Dam Safety Program Act, as amended. The Coryell County Hazard Mitigation Plan 2023 identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in its jurisdiction from the impacts of future The resolution adopting the mitigation plan demonstrates the city's commitment to hazard mitigation and achieving the goals outlined int the Coryell County Hazard Mitigation Plan 2023. Adoption does noti indicate acontract or obligation fort the City ofGatesville; rather, it presents an opportunity fort the City of Gatesville toi identify projects that would further local objectives under the general plan for all of Coryell County. None -1 there is no initial cost to adopting the Mitigation Plan. Future funding proposals would be at the  hazards and disasters.  Financial Impact: will of the Council. Staff Recommendation: Mitigation Plan 2023. 2023, as presented. Attachments: Resolution No. 2024-57 Staff Contacts:  The staff recommends that the city council approve the resolution to adopt the Coryell County Hazard Motion: - move to approve Resolution No. 2024-57 to adopt the Coryell County Hazard Mitigation Plan  Brad Hunt, Interim City Manager, bhunteratesyletx.com  P16    Resolution  RESOLUTIONI NO. 2024-57  ARESOLUTION OF CITY OF GATESVILLE ADOPTING THE ÇORYELL COUNTY HAZARD MITIGATION PLAN WHEREAS the City of Gatesville recognizes the threat that natural hazards pose to people and property WHEREAS the City of Gatesville has prepared a multi-hazard mitigation plan, hereby known asthe Coryell County Hazard Mitigation Plan 2023 in accordance with federal laws, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended; the National Flood Insurance Act of 1968, as amended; and the National Dam Safety Program Act, as amended; and WHEREAS the Coryell County Hazard Mitigation Plan 2023 identifies mitigation goals and actions tor reduce or eliminate long-term risk to people and property in its jurisdiction from the impacts of WHEREAS adoption by the City of Gatesville demonstrates its commitment to hazard mitigation and  2023.  within its jurisdiction; and  future hazards and disasters; and  achieving the goals outlined in the Coryell County Hazard Mitigation Plan 2023 NOW THEREFORE, BE IT RESOLVED BY THE CITY OF GATESVILLE, TEXAS, THAT:  The City of Gatesville adopts the Coryell County Hazard Mitigation Plan 2023). While content related to Cityof Gatesville may require revisions to meet the plan approval requirements, changes occurring after adoption will not require City of Gatesville to re-adopt any further iterations of the plan. Subsequent plan updates following the approval period for this plan will require separate adoption  resolutions.  ADOPTED by a vote of City of Gatesville this 28th day of May, 2024  Mayor:  Clerk:  P17    Gatesville 5 Spur Capital ofTexas  Agenda Item #8  CITY COUNCIL MEMORANDUM  Date: To: From:  May 28, 2024 Mayor & City Council Brad Hunt, Interim City Manager  Agenda Item: Discussion and possible action on an Ordinance amending the City's Zoning Ordinance by  amending Table MV "Uniform Height and Area Regulations", by amending various sections of Section 11 "Zoning District Descriptions" to clarify the applicability of Table IV, and by amending Section 13 "Administration and Enforcement by adding a new Section 13-7  "Conflicts Between Tables and Code Text".  Information:  This evening, the City Council will conduct the third and final reading oft the proposed ordinance to amend On May 6, 2024, the Planning and Zoning Commission hosted a workshop and meeting to discuss the ordinance being considered by the City Council. Most City Council members attended the P&Z workshop and meeting. On May 14, 2024, at the regularly scheduled meeting the City Council approved the P&Z 1. Amend Table IV byeliminating the' "Bidg. Area" column (int the current table)and excluding "Minimum Dwelling Size" (in the proposed table). This approach would regulate the minimum buildable area through the minimum yard requirements, considering any lot space outside the required yards as 2. Revise the specified sections of the Zoning Ordinance to ensure Table IV is properly referenced and 3. Add Section 13-7 to the zoning ordinance to clarify that the ordinance's text shall prevail in the event  the City's Zoning Ordinance.  recommendations as follows:  buildable. enforceable.  ofaconflict between at table and thet text.  Staff Recommendation: Staff recommends that the City Council approve Ordinance 2024-02 on the third and final reading, amending the zoning ordinance as presented and as recommended by the  Planning & Zoning Commission."  P18    Motion: Imake a motion to approve Ordinance 2024-02 on1 the third and final reading, amending the zoning ordinance as presented and as recommended by the Planning & Zoning Commission."  Attachments: Staff Contacts:  Ordinance amending the City'sZoning ordinance.  Brad Hunt, Interim City angr-thstestw.Lsn  P19    ORDINANCE NO. 2024-02  AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GATESVILLE, AS PREVIOUSIYAMENDED, BY AMENDING TABLE IV: UNIFORM HEIGHT AND AREA REGULATIONS, BY AMENDING VARIOUS SECTIONS OF SECTION 11 ZONING DISTRICT DESCRIPTIONS" TO CLARIFY THE APPLICABILITY OF TABLE IV, AND BY AMENDING SECTION 13 ADMINISTRATIONAND ENFORCEMENT'BYADDINGANEWSECTION13- 7 "CONFLICTS BETWEEN TABLES AND CODE TEXT"; THE ZONING ORDINANCE PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH  OFFENSE; AND PROVIDING FOR. ANI EFFECTIVE DATE.  WHEREAS, thel Planning and Zoning Commission and the governing body ofthe CityofGatesville, Texas, in compliance with thel laws oft the State ofTexas and the Ordinances oft the City of Gatesville, Texas, have given the requisite notices by publication and otherwise, and after holding duel hearings and affording a full and fair hearing to all persons interested and int the exercise ofi its legislative discretion, the City Council has concluded that the Code of Ordinances oft the City of Gatesville, Texas, as previously amended, should NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION1. The Zoning Ordinance of the City of Gatesville, Texas, as heretofore amended, shall be, and the same is hereby amended by amending Table IV -1 Uniform Height and Area Regulations by repealing that table in its entirety and replacing it with the Table IV - Uniform Height and Area  bef further amended as set forth below. GATESVILLE, TEXAS' THAT:  Regulations attached hereto and incorporated herein by this reference as. Exhibit "A."  SECTION2. The Zoning Ordinance of the City ofGatesville, Texas, as heretofore amended, shall be, and the same is hereby amended by amending Section 11 "Zoning District Descriptions" by amending Section 11-1 Kedemtalsimglchamy at its subsection E, "Height and. Area Regulations" to read as  follows:  "Section 11 ZONING DISTRICT DESCRIPTIONS  SECTION 11-11 RESIDENTIALSINGLE-FAMILY  E. Height and Area Regulations  The regulations set forth in' Table IV, Uniform Height and Area Regulations, shall apply to all buildings, walls, and uses established on allj properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this  ordinance.  Page 1 of8  P20    SECTION3. The Zoning Ordinance oft the City of Gatesville, Texas, as heretofore amended, shall be, and the same is hereby amended by amending Section 11 "Zoning District Descriptions" by amending Section 11-1-1 "Townhouse. kedemtalsimglefamly, ati itss subsection E, "Height and Areal Regulations"  to read as follows:  "Section 11 ZONING DSTRICTDESCNIFTIONS  SECTIONII-1-1 TOWNHOUSE RESIDENTIAL/SINGLE-FAMILY  E. Height and Area Regulations  The regulations set forth in' Table IV, Uniform Height and Area Regulations, shall apply to all buildings, walls, and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. The side lot side yards shall be six feet (6') when adjoining another lot and zero feet (0): feet when adjoining another dwelling unit on the same platted lot.  SECTION 4. The Zoning Ordinance ofthe City of Gatesville, Texas, asl heretofore amended, shall be, and the same is hereby amended by amending Section 11 "Zoning District Descriptions" by amending Section 11-3 "Agricultural and Suburban! Homesites District" ati its subsection E"Uniform Height and Area  Regulations" to read as follows:  "Section 11 ZONING DISTRICT DESCRIPTIONS  SECTION 11-3 AGRICULTURALANDSUBURBAN HOMESITES DISTRICT  E. Uniform Height and. Area Regulations  The regulations set forth in' Table IV, Uniform Height and. Area Regulations, shall apply to alll buildings, walls, and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this  ordinance.  Page 20 of8  P21    SECTION5. The Zoning Ordinance oft the City ofG Gatesville, Texas, as heretofore amended, shall be, and the same is hereby amended by amending Section 11 "Zoning District Descriptions" by amending Section 11-4 "Residential 2-4 Family Dwelling Units" at its subsection E "Uniform Height and Area  Regulations" to read as follows:  "Section 11 ZONING DISTRICTDESCRIPTIONS  SECTION11-4 RESIDENTIAL2-41 FAMILY DWELLING UNITS  E.U Uniform Heipht and Area Regulations  The regulations set forth in' Table IV, Uniform Height and Area Regulations, shall apply to alll buildings, walls, and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this  ordinance.  SECTION 6. The Zoning Ordinance oft the City of Gatesville, Texas, asl heretofore amended, shall be, and the same: is hereby amended hy amending Section 11 "Zoning District Descriptions" by amending Section 11-5"Residential Multi-Family"ati its subsection E "Uniform Height and Area Regulations"toread  as follows:  "Section 11 ZONING DISTRICT: DESCRIPTIONS  SECTION11-5 RESIDENTIALMULTI-FAMILY E. Uniform Height and Area Regulations  The regulations set forth in Table IV, Uniform Height and. Area Regulations, shall apply to all buildings, walls, and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this  ordinance.  Page 3 of8  P22    SECTION7. The Zoning Ordinance oft the City ofGatesville,' Texas, as heretofore amended, shall be, and the same is hereby amended by amending Section 11 "Zoning District Descriptions" by amending Section 11-6 BusinesyCommercial" at its subsection E "Uniform Height and Area Regulations" to read  asi follows:  "Section 11 ZONING DISTRICT. DESCRIPTIONS  SECTION 11-6 BUSINESS/COMMERCIAL E. Uniform Height and Area Regulations  The regulations set forth in Table IV, Uniform Height and Area Regulations, shall apply to all buildings, walls, and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. In addition to thel Uniform Regulations, there shall be furnished minimum side yards as: follows: six (6): feet when adjoining any residential district and: zero (0) feet when adjoining nonresidential districts provided that ifas side yard is provided it shall bei not less  than three (3) feet.  SECTION: 8. The Zoning Ordinance oft the City ofGatesville, Texas, as heretofore amended, shall be, and the same is hereby amended by amending Section 11 "Zoning District Descriptions" by amending Section 11-7 "Mobile Home District" at its subsection E "Uniform Height and. Area Regulations" to read  as: follows:  "Section 11 ZONING DISTRICTDESCRIPTIONS  SECTION11-7 MOBILEI HOME DISTRICT E. Uniform Height and Area Regulations  The regulations set forth in Table IV, Uniform Height and Area Regulations, shall apply to alll buildings, walls, and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this  ordinance.  Page 4 of8  P23    SECTION9. The Zoning Ordinance of the City ofGatesville, Texas, as! heretofore amended, shall be, and the same is hereby amended by amending Section 11 "Zoning District Descriptions" by amending Section 11-8 "Mobile Home Park District" at its subsection E "Uniform Height and Area Regulations"to  read as follows:  "Section 11 ZONING DSRICTDESCKIPIONS  SECTION11-8 MOBILEHOME PARK DISTRICT E. Uniform Height and Area) Regulations  The regulations set forth in' Table IV, Uniform Height and Area Regulations, shall apply to all buildings, walls, and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this  ordinance.  SECTION 10. The Zoning Ordinance of the City of Gatesville, Texas, as heretofore amended, shall be, and the same is hereby amended by amending Section 11 "Zoning District Descriptions" by amending Section 11-9 "Industrial" at its subsection E "Uniform Height and Area Regulations" to read as  follows:  "Section 11 ZONING DISTRICT: DESCRIPTIONS  SECTION 11-9 INDUSTRIAL  E. Uniform Height and Area Regulations  The regulations set forth in' Table IV, Uniform Height and. Area Regulations, shall apply to all buildings, walls, and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. In addition to the Uniform Regulations, there shall bei furnished minimum side yards as follows: six (6) feet when adjoining any residential district and zero (0) feet when adjoining nonresidential districts provided that ifas side yard is provided it shall bei not less  than three (3) feet.  Page 5 of8  P24    SECTION 11. The Zoning Ordinance of the City of Gatesville, Texas, as heretofore amended, shall be, and the same is hereby amended by amending Section 13 "Administration and Enforcement", to add a new Section 13-7 "Conflicts Between Tables and Code Text" which shall in its entirety read as  follows:  "Section 13- -ADMINISTRATION AND: ENFORCEMENT  SECTION13-7 CONFLICTS BETWEENTABLES AND CODE' TEXT  Where the language or regulations found within a table associated with the Zoning Ordinance conflicts with the language or regulations found within the text of the Zoning  Ordinance, the text oft the ordinance shall govern."  SECTION 12. All ordinances, orders, or resolutions heretofore passed and adopted by the City Council of the City of Gatesville are. hereby repealed to the extent that said ordinances, orders, or  resolutions or parts thereofa are in conflict herewith.  SECTION 13. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or application thereof to any person or circumstance bel held to be invalid, void or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity oft the remaining portions ofs said ordinance, which remaining portions shall remain ini full fuise and effect. SECTION 14. Any person, firm or corporation violating any oft thej provisions of this Ordinance shall be subject to1 the same penalty as provided for ini the Gatesville Code of Ordinances, as amended, and upon conviction shall be punished by a fine not to exceed the sum ofTwo Thousand Dollars ($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate  offense.  SECTION 15. 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 16. This ordinance shall take effect immediately from and after its passage and  publication as may be required by law.  Page 6 of8  P25    The foregoing Ordinance No. 2024-02 was read the first time April 23, 2024, and passed tot the The foregoing Ordinance No. 2024-02 was read the second time on May 14, 2024, and  second reading on the 14th day ofl May, 2024.  passed to the third reading on the 28th day ofMay, 2024.  The foregoing Ordinance No. 2024-02 was read the third time and was passed and adopted as an  Ordinance of the City of Gatesville, Texas this 28th day ofl May, 2024.  DULY PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF  GATESVILLE, TEXAS, ONTHISTHE  DAYOF  2024.  APPROVED:  GARY CHUMLEY, MAYOR  APPROVED, ASTO FORM: Victoria W. Thomas, City Attorney  ATTEST:  Wendy Cole, City Secretary  Page 7of8  P26    EXHIBIT, A  Table IV -1 Uniform Height and Area Regulations  Page 8 of8  P27    de $ #S  S  E E ESSE E #  $ SSE E  8 $  d0  $58 #  $  €  N N  P28    Gatesville Spur Capital ofTexas  AGENDAITEM: #9  CITY COUNCIL MEMORANDUM  Date: To: From:  May 28, 2024 City Council  Brad Hunt, Interim City Manager  Agenda Item: Discussion and possible action regarding Ordinance 2024-03 amending the City's  Zoning Ordinance regarding Mobile, Manufactured, and Modular Homes.  Information:  This evening the City Council will conduct the third and final reading of Ordinance 2024-03 amending the Last summer, city staff determined that the city had been incorrectly permitting HUD code manufactured homes (mobile homes) to be placed anywhere ini the city where a single-family dwelling would be allowed. For some time, city staff operated under the belief that HUD code manufactured home dwellings/mobile homes, although not explicitly mentioned in the city's zoning ordinance, aligned with the definition of 'single-family dwelling." Consequently, HUD Manufactured Homes/Mobile Homes were deemed permissible in any district where a single-family dwelling would be allowed. However, this interpretation was based on a previous version of the 1995 "single-family dwelling" definition in the Zoning Ordinance, overlooking a critical amendment to the definition of single-family dwelling" adopted by the City Council in 1998. As a result of not following the appropriate definition for "single family dwelling", the city has unknowingly issued permits for HUD Manufactured Homes/Mobile Homes to be placed unlawfully in various districts throughout the city for several years where they should not have been placed. This amendment clarifies the placement of HUDI Manufactured Homes andI Mobile Homes to onlythrees specific districts: Mobile Home Districts, Mobile Home Park Districts, and Industrial Districts. Below the definitions 1995 single-family dwelling definition - "a building designed for or occupied exclusively by one family". Under this definition, staff permitted the placement of mobile homes/HUD code manufactured homes 1998 single-family dwelling definition - "a building designed for or occupied exclusively by one family which may be a modular home or a home fully constructed upon premises where its located". It's important to note a modular home differs from a mobile home/HUD code manufactured home. Based on this definition a mobile home/HUD manufactured home is only permitted in three zoning districts; mobile  City'sZoning Ordinance regarding Mobile, Manufactured, and Modular Homes.  foras single-family dwelling in 1995 and 1998.  anywhere in the city where a single-family dwelling would be allowed.  home districts, mobile home park districts, and Industrial districts.  P29    In September the City Council collaborated with the City Attorney to draft an amendment to the city's zoning ordinance aimed to rectify and clarify certain definitions within the city's zoning ordinance and specify the permissible locations where HUD Manufactured Homes/Mobile Homes can be placed within the city! limits. Additionally, the council, in coordination with the City Attorney, addressed the city's past The revised ordinance, provides legal (as opposed to the currently existing illegal) nonconforming status to any manufactured homes existing on lots in districts where they are not legallya allowed, provided they were in use as dwellings on the date of the ordinance's adoption. The grandfathering provision in the zoning ordinance allows replacement, repair, or substitution of a legal, nonconforming manufactured home that does not expand the area/footprint occupied at thei time of passage of the ordinance, calls for the extinguishment of the legal nonconforming status if use ceases for 12 months, and allows the legal nonconforming status to continue ift the propertyi is sold. Finally, the ordinance provides that the City will provide a 180-day registration period (registration is at the option of the owner) for these legal, nonconforming manufactured homes and that registration creates a presumption of legal nonconforming status. The City could rebut that presumption with clear and direct evidence that, in fact, the use did not The revised zoning ordinance also modifies the text of the City's Zoning Ordinance. It repeals numerous definitions related to mobile, manufactured, and/or modular homes, replacing them with updated definitions. The ordinance introduces several new definitions, including one for 'manufactured housing," encompassing mobile homes, and HUD Code manufactured homes. Furthermore, it renames two zoning districts from Mobile Home District and Mobile Home Park District to Manufactured Home District and Manufactured Home Park District. Minor revisions were made to improve clarity. Why this Amendment to the Zoning Ordinance is Important for Property Owners in the City: Ifyour property is an illegal use in a manner that violates zoning regulations, it may pose challenges when attempting to sell. A title company's determination of such illegal use could impede a potential buyer's ability to: secure financing for the purchase. Additionally, insurance companies may be unwilling to provide  errors with improperly placing HUD Manufactured/Moble homes.  exist as required to be al legal nonconforming use.  coverage for your property under such circumstances.  Staff Recommendation: this evening. Motion:  The staffrecommends that the City Council approve the third andi final reading oft the ordinance presented  Imake the motion to approve Ordinance 2024-03 on the third and final reading amending the City's  Zoning Ordinance regarding Mobile, Manufactured, and Modular Homes.  Attachments:  Ordinance 2024-03 amending the city code regarding mobile, manufactured, and modular homes.  Staff Contacts: Brad Hunt, Interim City er-REatMLON  P30    ORDINANCE NO. 2024-03  AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES, AS PREVIOUSLY AMENDED, IN REGARD TO MOBILE, MANUFACTURED, AND MODULAR HOMES; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR. A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE: NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE;  AND PROVIDING FOR. AN EFFECTIVE DATE.  WHEREAS, the Planning and Zoning Commission and the governing body of the City of Gatesville, Texas, in compliance with the laws oft the State of Texas and the Ordinances of the City of Gatesville, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all persons interested and in the exercise ofi its legislative discretion, the City Council has concluded that the Code ofOrdinances oft the City of Gatesville, Texas, as previously amended, should be further amended as set forth NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY SECTION 1. The City of Gatesville Zoning Ordinance, as heretofore amended, is hereby amended by repealing in their entirety the definitions of "Dwelling, Doublewide Mobile Home, 9 "Dwelling, Mobile Home""-Dwelling, Modular Home," "Mobile Home," "Mobile Home Park," "Mobile Home Space," and "Modular Building" set forth in Section 2, Definitions", Section 2.3," General Definitions." SECTION 2. The City of Gatesville Zoning Ordinance, as heretofore amended, is hereby amended at section 2, "Definitions", Section 2.3 "General Definitions" by adding new definitions for "HUD-code manufactured home," "Manufactured home," "Manufactured Home Park," "Manufactured Home Space," "Manufactured Home  below.  OF GATESVILLE, TEXAS, THAT:  Stand", "Mobile home," and "Modular home", to read as follows:  "SECTION2-1 DEFINITIONS Section 2.3 General Definitions  HUD-CODE MANUFACTURED HOME A structure constructed at the factory on or after June 15, 1976, according to the rules of the United States Department of] Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight body feet in width or at least 401 body feet in length or, when erected on site, at least 320 square feet; includes the plumbing, heating, air conditioning, and electrical systems oft the home; and does noti include ar recreational vehicle as defined by 240 CFR Section 33282.8(g).  P31    Prior to being brought into the City, a HUD code manufactured home that has been structurally changed since acquiring itsl HUD: sticker ort that does nota appear to be habitable ini its current condition, must undergo al habitability study by an approved HUD inspector and all recommended repairs must be made prior to  entry into the City.  MANUFACTURED HOME - A HUD-code manufactured home or a mobile MANUFACTURED HOME PARK - Any plot of ground upon which two or more manufactured homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodation. MANUFACTURED HOME SPACE A plot of ground within a Manufactured. Homel Park designed for the accommodation ofc one manufactured MANUFACTURED HOME STAND- -1 That part ofai manufactured home space which has been reserved for the placement of one manufactured home. MOBILE HOME - A structure constructed at the factory before June 15, 1976 on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight body feet in width or at least 401 body feet in length, or when erected on site, at least 320 square feet; and includes the plumbing, heating, air conditioning, and electrical systems of the home. Prior to being brought into the City, a mobile home must undergo a habitability study performed by an approved HUD inspector and recommended repairs must be made prior to entry into the City. Any replacement of a mobile home must be with a HUD-code manufactured MODULAR HOME A structure for use as a dwelling with a permanent foundation, such structure being prefabricated at the factory and designed to be transported in room-size sections, with all plumbing, heating, air conditioning, and electrical systems installed sO that sections can be joined together at the home site toi form ai finished product; must be constructed: in accordance with all applicable state and local building codes. A: modular home is assembled at the site as aj permanent structure that is not designed to bei moved oncei iti isi inj place.  home and collectively means and refers tol both.  home.  home.  SECTION3. The Gatesville Zoning Ordinance is hereby amended to replace all references in the Gatesville Zoning Ordinance to "Mobile Home Park"with "Manufactured Home Park,", to "Mobile Home District" with "Manufactured Home District", to "Mobile Home Space" with "Manufactured. Home Space," - and to "Mobile home stand" to "Manufactured. home stand". This amendment will include, but is not limited to, the renaming of Sections 11-7: and 11-8 of Section  P32    11 "Zoning District Descriptions" to be, respectively, "Section 11-7 Manufactured Home SECTION4. The Gatesville Zoning Ordinance is hereby amended at Section 11 Zoning District Description", Section 11-7 "Mobile Home District" by renaming Section 11-7 Manufactured Home District" and by further amending the section 11-7 to read as follows::  District" and' "Section 11-81 Manufactured Home Park District."  SECTION11-7MANUFACTURED HOME DISTRICT  A. Purpose ofDistrict  The Manufactured Home District is designed to provide sufficient areas for manufactured homes and open space. Urban type public improvements are required for adequate service for dwellings of this area.  B. Principal Uses  1. Manufactured Home (one per lot)  2. Any use allowed in thel Business Commercial zoning district.  C. Accessory Uses  e. Int this district a manufactured home must only be utilized as a dwelling and for no other use or purpose. Recreational vehicles may not be  occupied in a manufactured home district.  SECTION5. The Gatesville Zoning Ordinance is hereby amended at Section 11 "Zoning District Description", Section 11-8 "Mobile Home Park District" by renaming section 11-8 "Manufactured Home Park District" and by amending section 11-81 toi read as follows: "SECTION11-8 MANUFACTURED HOME PARK DISTRICT  A. Purpose ofDistrict  The manufactured home park district is designed for the specific residential environmental needs of manufactured home dwellers. Individual manufactured home spaces are located in designated manufactured home parks. Traditional urban-type public improvements must be supplemented by special on-site facilities for recreation, storage, fire protection, and waste Int this district, no building, structure, or land shall be used, and no structure or building shall be erected, constructed, reconstructed, or structurally altered or enlarged except for one or more of the following principal uses: 2. All principal uses allowed in the Manufactured Home District.  disposal. B. Principal Use  1. Manufactured home park.  P33    E.  Uniform Height and Area Regulations  3. Tract requirements:...  C. Bulk controls: Maximum floor area ration for manufactured homes: 0.4,1 based upont total area inj park less commercial and common d. Length of residential occupancy: No space shall be rented for residential use of a manufactured home in any such park except for  use areas, driveways, and permanent dwelling.  periods of thirty (30) days or more.  SECTION 6. The Gatesville Zoning Ordinance, as heretofore amended, is hereby amended by adding ai new section 6-5 "Legal Non-Conforming Manufactured Homes"t to Section 6' "Non-  Conforming Lots, Structures, and Uses" to read in its entirety as follows:  "SECTION 6-5 LEGAL NON-CONFORMING MANUFACTURED HOMES A. Grant ofLegal Nonconforming Status. Any manufactured: home, as that term is defined in this ordinance, existing, on the date of adoption oft this Section 6-5and further on that datel being occupied andi used as a dwelling and located on a lot in a zoning district other than manufactured home district, manufactured! home park district, or industrial district, although otherwise: not legally allowed in such district, is hereby granted legal, non-conforming status such that thei manufactured. home andi its use as a dwelling may remain  and continue on such lot upon the following conditions:  1. Replacement.  a. The owner of any such manufactured home which is owner- occupied may replace such manufactured: home with ar newer HUD Code manufactured home without losing the legal, b. The owner of any such manufactured home which is not owner-occupied may make one replacement of such manufactured home with a newer. HUD Code: manufactured home without losing the legal nonconforming status in the  non-conforming status.  following circumstances:  ther manufactured. home is destroyed by fire, weather, or natural disaster and is replaced with a newer HUD Code manufactured home within twelve (12)  months of such destruction; or  P34    ii. the manufactured home is removed and replaçed by the owner with a newer HUD Code manufactured home where (1) the application for construction permit for the replacement is filed with the City within thirty (30) days of removal of the original manufactured home and (2) construction and installation of the replacement HUD Code manufactured home is completed within six (6) months of issuance ofthe construction permit. The deadlines set forth in subsection 1.b.i and ii of this section 6-51 may be extended by the City's Building Official upon presentation of evidence of unforeseeable and unavoidable events beyond the manufactured home owner's control which interrupt the course of events and prevent or are reasonably likely to prevent the owner from complying d. All replacement HUD Code manufactured homes shall be used as a dwelling. Any replacement other than as allowed by this section shall result in loss of legal, nonconforming  with such deadlines.  status.  2. Transfer. Transfer of ownership 01 the real property together with the manufactured home shall not extinguish the legal, non- 3. Abandonment. The legal non-conforming status of such manufactured home shall be considered abandoned and shall be extinguished if the property, lot, structure, manufactured home, or use is discontinued, ceases or is vacated for more than one (1)year. B. Optional Registration Period. The City shall make available at City Hall and ont the City's official website for aj period of180 days from adoption oft this section 6-5, an optional registration form by which an owner of any manufactured home that meets the criteria for legal, non-conforming status as of the date of adoption of this Section 6-5, may register the manufactured home with the City. Suchi registration will resulti ina aj presumption ofthel legal,  conforming status of the manufactured home.  non-conforming status oft the manufactured home."  SECTION 7. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, as amended! hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions ofs said ordinance, or the Gatesville Code of SECTION88. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions oft the Gatesville Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect fort this purpose.  Ordinances, as amended hereby, which shall remain ini full force and effect.  P35    SECTION9. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided fori in the Gatesville Code of Ordinances, as amended, and upon conviction shall bej punished by ai fine not to exceed the sum ofTwo Thousand Dollars ($2,000) fore each offense, and each and every days suchy violations shall continue shalll bec deemed SECTION 10. This ordinance shall take effect immediately from and after its passage. The foregoing Ordinance No. 2024-03 was read the first time April 23, 2024, and passed to the Thei foregoing Ordinance No. 2024-03 was read the second time on May 14, 2024, and passed The foregoing Ordinance No. 2024-03 was read the third time and was passed and adopted as  to constitute a separate offense.  second: reading on the 14th day ofl May, 2024.  to the third reading on the 28th day of] May, 2024.  an Ordinance of the City of Gatesville, Texas this 28th day of] May, 2024.  DULY: PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY  OF GATESVILLE, TEXAS, ON THIS THE  DAYOF  2024.  APPROVED:  GARY CHUMLEY, MAYOR  APPROVED ASTO FORM:  ATTEST:  Victoria W. Thomas, Special Counsel  Wendy Cole, City Secretary  4864-4188-6596,V.3  P36    Gatesville bSpur CapitalofTexas Agenda Item #10 Date: To: From:  CITY COUNCIL MEMORANDUM  May 28, 2024 Mayor & City Council Brad Hunt, Interim City Manager  Agenda Item: Discussion and possible action regarding an ordinance amending Chapter 56 On March 12, the City Council agreed to implement an interim policy regarding the provision of utility 1.Ifap property isi immediately adjacent to the city limits and the property owner requests utility service, the and/development must be annexed into the city limits before utility service is provided. 2. If the property is not immediately adjacent to the city limits, but city staff and the city attorney can identify a way for1 the property1 tol be annexed, annexation must occur before utility service is provided. 3.Ift the propertyi isi in the ETJ (Extraterritorial. Jurisdiction) and the city cannot annex the property, the City All utility services outside the city limits, including the annexation of land, must be approved by the City Council before any service is provided. Past arrangements made with staffi to provide utility service outside There have been no changes to the ordinance since the discussions at the Council meetings on April 23,  regarding the extension of city utilities outside the city limits (Third Reading).  Information:  services outside the city. The policy entails:  Council will consider providing utility service ona a case-by-case basis.  the city limits are not considered binding agreements with the city.  2024 and May 14, 2024. Staff Recommendation:  The staff recommends that the City Council approve Ordinance 2024-04 on the third and final reading. Imake a motion to approve Ordinance 2024-04 on the third andi final reading, amending the Code of Ordinances at Chapter 56 "Utilities", Article 1, "In General" by amending "Extension of Utilities Outside  Motion: the City Limits".  Attachments: Ordinance 2024-04  Staff Contacts:  Brad Hunt, Interim City Manager-bhunterates/lletx.com  P37    ORDINANCE. NO. 2024-04  ANORDIMANCEOFTHE CITYOFGATESVILLE TEXAS,AMENDING THE GATESVILLE CODE OF ORDINANCES, CHAPTER 56 UTILITIES", ARTICLE I, "IN GENERAL" BY AMENDING AND RENAMING SECTION 56-6 THEREOF; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND  PROVIDING FOR. AN) EFFECTIVE, DATE.  WHEREAS, Section 10.10 of the City Home Rule Charter provides that the City Council shall have the right but not the obligation to sell and distribute electricity, gas, water, and sewer services or any other utilities and services to any person, firm or corporation outside the limits of the City and to permit connection to City's utility systems under the terms and conditions set forth in a contract which are approved by the City Council as being in the best interests oft the City; and WHEREAS, City staff has recommended amendment of the City's Code of Ordinances to establish requirements for thej provision ofutility services outside oft thel limits oft the City; and WHEREAS, the City Council finds that the proposed amendment is in thel best interest of and serves the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION1. The City of Gatesville Code of Ordinances is hereby amended by amending Chapter 56, "Utilities," Article I, "In General" by amending and renaming section 56-6 to  general welfare ofthe City andi its citizens; GATESVILLE, TEXAS, THAT:  read in its entirety as follows:  "Chapter 56 Utilities Articlel In General  Section 56-6 Extension of Utilities Outside City Limits  (a) Any person, firm, or corporation desiring electricity, gas, water, sewer, or any other utility service from the city and whose property for which service is desired is located outside the city limits shall request annexation into the city and the requested utility service will only be provided upon annexation of the property into the city. (b) If, at the time the request for utility service is made, the city is unable to annex the property, the City may, at its sole option, enter into a written development agreement that addresses whether and under what terms, if any, the City will provide the requested utility service. (c) When the City provides utility services ini response to a request to a. the requesting person, firm or corporation requesting such service extension shall be responsible for all costs to extend  extend services outside City limits:  P38    the city's utility service and shall enter into a development agreement with the City that contains the details, including b. the requesting person, firm or corporation shall grant a permanent recorded public utility easement for poles, wires, conduits, drainage channels and related facilities, sanitary sewers and related equipment, water lines and related equipment, gas lines, and other utilities to the City. These easements shall be at least 20: feet wide; however, the City may determine that a greater width up to 30 feet is necessary. Required easements shall extend along all roadway frontages of the property and shall parallel as closely as possible the street line frontage. Failure to grant the required easement(s)  costs, ofsuch provision of services; and  shall result in denial of service."  SECTION2. Should any word, sentence, paragraph, subdivision, clause, phrase or section ofthis ordinance, as amended hereby, be adjudged orl held tol be void or unconstitutional, the same shall not affect the validity ofthei remaining portions ofs said ordinance, or the Gatesville Code of Ordinances, as amended hereby, which shall remain in full: force and effect. SECTION3. An offense committed before the effective date oft this Ordinance is governed by prior law and the provisions of the Gatesville Code of Ordinances, as amended, in effect when the offense was SECTION4. Any person, firm or corporation violating any of the provisions or terms oft this Ordinance shall be subject to the same penalty as provided for in the Gatesville Code of Ordinances, as amended, and upon conviction shall be punished by a fine not to exceed the sum ofTwo Hundred Dollars ($200) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION: 5. This ordinance shall take effect immediately from and after its passage.  committed, and the: former lawi is continued in effect for this purpose.  The foregoing Ordinance No. 2024-04 was read the first time April 23, 2024, and The foregoing Ordinance No. 2024-04 was: read the second time on May 14, 2024, The foregoing Ordinance No. 2024-04 was read the third time and was passed and adopted as an Ordinance of the City of Gatesville, Texas this 28th day of May,  passed to the second reading on the 14th day ofN May, 2024. and passed to the third reading on the 28th day ofl May, 2024.  2024.  P39    DULY PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF  GATESVILLE, TEXAS, ON THISTHE  DAY OF  2024.  APPROVED:  GARY CHUMLEY,MAYOR  APPROVED ASTO FORM:  ATTEST  Victoria W.1 Thomas, Special Counsel  Wendy Cole, City Secretary  4865-6119-8772,V.1  P40    Gatesuille Spur Capital ofTenns  Agenda Item: #11  CITY COUNCIL MEMORANDUM Date: May 28, 2024 To: Mayor & City Council  From: Seth Phillips, Parks and Recreation Director  Agenda Item: Discussion and possible action regarding an agreement with Fort Cavazos and  the City of Gatesville in regards to management of the military recreation center and authorizing the Interim City Manager to execute said agreement.  Information: Robert Reister (Directorate of Plans, Training, Mobilization and Security) at North Fort Cavazos (NFC) contacted the City of Gatesville in August 2023 in regards to the City of Gatesville's P&R Department operating the NFC Recreation Center. The City has had four (4) meetings (8/30/2023, 10/18/2023, 5/1/2024, 5/22/2024) with NFC in regards to an Intergovernmenta Support Agreement (IGSA) between the City and NFC. A draft agreement has been worked up and willl be reviewed by the City  Attorney with Council approval to proceed with the agreement.  Financial Impact: City will see a slight increase in revenue due to the administration fee that will be  charged tot the United States Government.  Staff Recommendation: Staff recommends approval of the agreement with Fort Cavazos in regards to Motion: Imake the motion to approve an agreement with Fort Cavazos and the City of Gatesville inr regards to management of the military recreation center and authorizing the Interim City  management of the military recreation center as presented.  Manager to execute said agreement.  Attachments: None  Staff Contacts: Seth Phillips, Parks and Recreation Director phlpserateyalet.con  P41    Gatesville Spur Capital of'Texas  Agenda Item #12  CITY COUNCIL MEMORANDUM  Date: To: From:  May 28, 2024 Mayor & City Council  Mike Halsema, Interim Deputy City Manager  Agenda Item: Discussion regarding an Ordinance of the City of Gatesville, Texas, amending Chapter 18, Fees of the Code of Ordinances of the City of Gatesville; adopting an additional  sewer rate for the City of Gatesville; and providing an Effective Date.  (1st reading of Ordinance 2024-05)  Information:  Staff has been contacted in regards to accepting sewer by the truckload at the plants. Staff has developed a proposed rate (attached) for accepting industrial organic waste onsite. Staff worked with the City's  engineers concerning this service, and no issues were found.  Financial Impact: N/A Staff Recommendation:  The staff recommends that the City Council pass Ordinance 2024-05, adding fees for accepting industrial Motion: Make a motion to pass Ordinance 2024- 051 to the second reading at the next scheduled  organic waste onsite, to the: second reading at the next scheduled Council meeting.  Council meeting. Attachments: Industrial Waste Fee Schedule Ordinance 2024-05 Staff Contacts:  Mike Halsema, Interim Deputy City Manager mhabemaPrteyilekcon  P42    Spur @rbill  Industrial Organic Wastewater Fee Schedule  $0.10/gallon based on the capacity of thet truck Holiday Fee of $120/hr (minimum 1-hour)  Weekend/After Hours Fee of $100/hr (minimum 1-hour)  Trash/Debris Fee of $5001 if the septage received is deemed byt the City to have an undue amount of trash/debris, and an increase int the per gallon fee to $0.50/gallon of the capacity  of the truck.  Septic Truck Tank Cleaning Fee of $100 that allowsi thel hauler to wash out their truck on-  site.  P43    CITY OF GATESVILLE, TEXAS ORDINANCE NO. 2024-05  AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS AMENDING THE CODE OF ORDINANCES AT CHAPTER 18, "FEES," BY AMENDING SECTION 18-1, "FEE SCHEDULE" WITH REGARDTO SEWER RATE FEES FOR ACCEPTING INDUSTRIAL ORGANIC WASTE ON-SITE; PROVIDINGA A  SEVERABILITY CLAUSE; AND PROVIDNG AN EFFECTIVE DATE.  WHEREAS, the City of Gatesville has set forth its master fee schedule in Chapter 18 of the Code of WHEREAS, the City Council, from time to time, amends various portions of that master fee schedule to WHEREAS, City staff has recommended, and the Council finds it to serve the general welfare oft the City to amend the City's master fee schedule to add sewer rate fees related to acceptance of Industrial NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF1 THE CITY OF GATESVILLE, TEXASTHAT: SECTION 1. The Code of Ordinances of the City of Gatesville Texas is hereby amended at Chapter 18, "Fees," by amending Section 18-1 "Fee Schedule" by adding an Industrial Organic Wastewater Fee  Ordinances of the City; and  comply with changing laws and circumstances; and  Organic Wastewater On-Site;  Schedule tol be effective June 26, 2024: $0.10/gallon based on the capacity oft thet truck Holiday Fee of $120/hr (minimum 1-hour) Weekend/After Hours Fee of $100/hr (minimum 1-hour)  Trash/Debris Fee of $500 if the septage received is deemed by the City to have an undue amount of trash/debris, and an increase in the per gallon fee to $0.50/gallon oft the capacity oft the truck. Septic Truck Tank Cleaning Fee of $100 that allows the hauler to wash out their truck on-site. SECTION 2. If any section, article, paragraph, sentence, clause, phrase or work in this Ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION3. This Ordinance shall become effective from and after the date of its passage in accordance  with law.  The foregoing Ordinance No. 2024-05 was read the first time and passed to the second reading The foregoing Ordinance No. 2024-05 was read the second time and passed tot the third reading The foregoing Ordinance No. 2024-05 was read the third time and was passed and adopted as  this 28th day of May, 2024. this 11th day of June, 2024.  an Ordinance to the City of Gatesville, Texas, this 25th day of June, 2024.  P44    CITY OF GATESVILLE, TEXAS  By:  Gary Chumley, Mayor  ATTEST:  Wendy Cole, City Secretary  APPROVED ASTO FORM: Victoria Thomas, City Attorney  P45    Gatesville 6 Spur Capital ofTexas  Agenda Item #1 13  CITY COUNCIL MEMORANDUM  Date: To: From:  May 28, 2024 Mayor & City Council Revenue Bonds.  Mike Halsema, Interim Deputy City Manager  Agenda Item: Discussion and possible action regardingarbitrage rebate for 2019 Utility System The City issued $10M in Utility System Revenue Bonds through the Texas Water Development Board (TWDB) in 2019 for the Stillhouse wastewater plant rehabilitation. The bond proceeds were deposited in to an escrow account per the bond covenants with the TWDB. Since the initial deposit the account has earned $728,935 in interest. Per laws codified in Internal Revenue Service (IRS) Code Section 148 and regulations promulgated by the United States Treasury mandate that interest income derived from the investment oftax-exempt proceeds in excess of the permittedarbitrage rate must bei rebatedi tot the United States Government. Arbitrage rebate compliance requires that computations be performed which are consistent with the complex technical requirements contained int thea aforementioned laws andi regulations to determine the rebate amount, if any. Any rebate amount due must be reported and paid to the United States Government. Staff had Craig DeBerg of Ritz & Associates perform the arbitrage calculations for the period ending March 31, 2024. Ritz & Associates calculated the City owes $236,277 in arbitrage rebates to the IRS. Staff contacted the TWDB, and secured the release of funds from the escrow for the arbitrage payment. The payment does not affect the construction budget for the Stillhouse rehabilitation. The Stillhouse rehabilitation project has entered the construction phase, and should be complete in the next 18 months. During this period the bulk of the bond proceeds will spent, and it is not anticipated that Financial Impact: The arbitrage rebate will reduce the amount of interest earned while the escrow  Information:  another rebate will be necessary int the future.  account has al balance funds. Staff Recommendation:  The staff recommends that the City Council approve the payment of $236,777 to the IRS for the arbitrage Motion: - move to approve the payment of $236,777 to the IRS for the arbitrage rebate from interest  rebate from interest earned in the Stillhouse project escrow account.  earned ini the Stillhouse project escrow account.  Attachments: None  Staff Contacts: Mike Halsema, Interim Deputy City Manager, mhalemaeratewleton  P46    Gatesville Spur Capital ofTexas  Agenda Item # 14  CITY COUNCIL MEMORANDUM  Date: To: From:  May 28, 2024 Mayor & City Council  Mike Halsema, Interim Deputy City Manager  Agenda Item: Discussion and possible action regarding Fiscal Year 2025 Budget Calendar  Information:  This evening, the City Council will consider approving the attached budget calendar for Fiscal Year 2024- 2025. Al budget calendar plays a vital role in streamlining the budgeting process, enhancing coordination, accountability, and transparency, while enabling effective decision-making and public participation. By providing a cleart timeline and structure, it contributes toi the successful development andi implementation Please note that most budget activities for the City Council will take place during regular council meeting dates. However, a special called meeting is schedule for September 31 fort the second reading of the budget ordinance and to conduct a public hearing. Ify you are unable to attend any regular special called meetings due to scheduled family vacations or other events, please notify either Brad or me as soon as possible.  oft the city's budget.  Financial Impact: N/A Motion: Attachments: Staff Contacts:  The staff recommends that the City Council approve the budget calendar for Fiscal Year 2024-2025.  Imove to approve the budget calendar for Fiscal Year 2024-2025.  The budget calendar for Fiscal Year 2024-2025.  Mike Halsema, Interim Deputy City Manager habensertewlekon  P47    Budget Calendar  DATE April-M May May May 14 May  MEETINGS/PUBLIC HEARINGS & NOTICES REQUIRED  Coryell County Appraisal District mails notices of appraised values  Distribute Budget Documents Regular Council meeting  Distribute the FY: 2024-25 Budget Information Packet to Department Heads  Coryell County Appraisal District prepares and submits estimated taxable  values to Coryell County Tax Assessor-Collector  May-June  Department Head Meetings - Budgetary Submission Requests and Review  Present "Preliminary" Budget(s). Assumptions Submit base budget and all decision packages for review Schedule dept. heads to discuss all packages/ personnel  May 28  Regular City Council Meeting  Submit Proposed Calendar for Budget & Tax dates to City Council Present Coryell County Appraisal District 2024 Preliminary Assessment  Roll  June 11 June 25 July9  Regular City Council Meeting Regular City Council Meeting Regular City Council Meeting  Submit Preliminary Budget Assumptions to City Council for Review  P48    July23  Regular City Council Meeting. First Proposed Budget Workshop Review, Discuss, and Adjust Proposed Budget(s) Assumptions Present and discuss Department Decision Packages Set date/time/place for Budget Public Hearing Call Special Council Meetings  July: 25  Certified Estimated Appraisal Tax Roll from Coryell CAD due  Sec. 26.01 Tax Code  August 7  Post' Tax rate information & File Proposed Budget with City Secretary  The designated officer or employee must submit the no-new- revenue and voter-approval tax rates to the city council by this date, or as soon thereafter as practicable. TEX. TAXCODES The designated officer or employee must post the calculated no-new revenue tax rate and voter-approval tax rates, along with certain debt information, on the home page oft the city's website ini thei form prescribed by the comptroller.  26.04(e).  August 12 August 13  30 days prior tol budget adoption Regular City Council Meeting  Proposed Budget presentation to Council  Proposed Budget to be available fori inspection, and posted on City Present the no-new-revenue tax rate, the voter-approval taxi rate, and Establish Proposed 2024-25 Tax Rate, and set Public Hearing Date(s)  website  other required Debt and 0&M information Record vote on proposed tax rate  August: 17 August 26  Publish Notice of Public Hearings on Budget on Sept. 3rd  Last Day to Order General Election or Special Election on al Measure  P49    August 27  Regular City Council Meeting  1st reading of Ordinances to approve Budget and Tax Rates, and Rates  &Fees  August: 31 September: 3  Publish notice for Tax Rate Hearing  Special Called City Council Meeting (Tuesday)  2nd reading of Ordinances to approve Budget and Tax Rates and Rates Hold Public Hearing on Budget and take action to set date for consideration of adoption of budget as September 10  & Fees  September 10  Regular City Council Meeting  1) Adopt FY 2024-25 Budget by Ordinance (3rd, reading)  2) Public Hearing on Tax rate  3) Vote on Tax Levyand Rate, Adopt by Ordinance( 3rd reading) 4) Ratify Budget that will raise total property tax revenue by 5) 3rdr reading of Ordinances to approve Rate and Fees  Vote resolution  September 17 September 24 September 29 September 30 November7  Charter Section 9.10- - Budget adoption 15 days prior to next Fiscal Year  Regular City Council Meeting  Last day to Adopt Tax Rate for Current Year Last day of 2023-241 Fiscal Year Uniform Election Date  P50    2024 February  January 1 23 45 6  March  SM T W TFS SMT W TF S S MTWTF S 78 8 9 - 101 11 1213 45678 9 10 34 5678 9 141 15 16 17 18 19_20 111 1213 141 15 16 17 10 11 12 13 14 15 16  123  12  17 18 19 20 21 22 - 23 242 2526-27.28-2930  212223 24-252627 18192021222324  28 293 3031  25 26 27 2829  31  April 123 45 6  May  June  S - - W T F S SM T W TF S SMTW TF S 7 8 91 10 11 12 13 567 8 9 10 11 23456 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 101 11 12 13 14 15 212223 24252627 19 20 21 222 23 24 25 23 24:2526-2728-29  123 4  1  16 17 18 19 20 2122  28 29 30  26 27 28293031 August  30  July  September  SMTW TFS SMTWTE S S MT W TF S 78 891011 12 13 45678 8 - 9 10 8 91 101 111 1213 14 14 15 16 17 18 19 20 111 12 13 14 15 16 17 15 16 17 18 192021 21 22 23 2425_2627 181920212223 24 22232425-282728  123 456  123 1 23456 - 7  2829 3031  25.282728293031 2930 November  October 12345  December  S M TWTF S SMTW TF S S MTWTI F S 678 9 10 11 12 3 45678 9 891011.1213 - 14 13 14 15 16 17 18 19 1011 12 13 14 15 16 15 16 17 18 192021 20 21 22 23 24 2526 17 18 19 - 20 21 22 23 22_23_242 25_262728  12 2 123456 7  2728293031  242526_27 2829 30 293031