Regular City Council Meeting  June 11, 2024  At  Gatesville Council Chamber  110 N. gth Street  5:30 P.M.    INDEX JUNE1 11,2024 5:30P.M.  REGULAR CITY COUNCIL MEETING  PAGE1-2-AGENDA-611-2024 CALLTOORDER ANNOUNCEMENT OF QUORUM INVOCATION, ANDI PLEDGE OF ALLEGIANCE  CITIZENS/PUBLIC: COMMENTS FORUM: INDIVIDUALS WISHINGTO. ADDRESS THE GATESVILLE CITY COUNCIL MAYI DO sO DURINGTHIS SEGMENT. IF YOU IINTEND TO COMMENT ON A SPECIFIC. AGENDA ITEM, PLEASE INDICATETHE ITEM(S) ON THE: SIGN- IN SHEET. BEFORE THE MEETING. EACH SPEAKER IS ALLOTED. A MAXIMUM OF 31 MINUTESI FOR THEIR REMARKS, AND! SPEAKERS. AREI EXPECTEDTO CONDUCT THEMSELVES IN Al RESPECTFUL & CIVILI MANNER. IN. ACCORDANCE WITHT THE7 TEXAS OPENI MEETINGS ACT, THE CITY OF GATESVILLE CITY COUNCIL CANNOTI DELIBERATE OR. ACT ONI ITEMS NOTI LISTED ON THE MEETING. AGENDA.  PAGE3- CONSENT:  PRESENTATION OFLIFE-SAVING, AWARDTO GATESVILLE POLICE  OFFICER GLORYI LITTLE  PAGE4-11 ALL CONSENT AGENDA ITEMS ARE CONSIDERED! ROUTINE BY' THE  CITY COUNCIL AND WILL: BEI ENACTED BY. A SINGLE MOTION. THERE WILLI BEI NO SEPARATE. DISCUSSION OF THESE ITEMS UNLESS. A COUNCILMEMBER REQUESTS. ANI ITEM TOI BEI REMOVED AND  CONSIDERED SEPARATELY.  KESOLUTIONZV/46: DISCUSSION. ANDI POSSIBLE ACTION. REGARDING RESOLUTION 2024-62: DISCUSSION ANDI POSSIBLE, ACTION REGARDING APRIL PAGE12-24 CITYCOUNCIL MEMORANDUM- DISCUSSION. ANDI POSSIBLE ACTION  APPROVAL OFI MINUTES FROM REGULAR CITY COUNCIL MEETING HELD ONI MAY: 28, 2024. (WENDY COLE)  20241 FINANCIALS.  (MIKE HALSEMA)  REGARDING. AMENDING ENGINEERING. AND PLANNING ROPESIONALSERVICES AGREEMENTS WITH FREESE &1 NICHOLS  INC.  (DAVID. JONES, KIRA ISLES, & MIKE HALSEMA)  PAGE25-43 CITY COUNCIL MEMORANDUM- DISCUSSION. ANDI POSSIBLE. ACTION  REGARDING. AN AGREEMENT BETWEENTHE CITY OF GATESVILLE AND CONTRACTOR, MATTECH DE,LLC. FOR WASTEWATER: PUMPAND HAULSERVICES FOR UNITED STATES. ARMY. FORT CAVAZOS. CITY COUNCILI MEMORANDUM- DISCUSSION. REGARDING. AN ORDINANCE OFTHE CITYOF GATESVILLE REPEALING ORDINANCE 2018-04 AND ADOFTINGADROUGHT CONTINGENCY PLAN (1ST READING OF ORDINANCE 2024-05)  (MIKE HALSEMA &1 BOBBY BUSTER)  PAGE 44-  (ZEB VEAZEY)  PAGE45-51 CITYCOUNCILI MEMORANDUM- DISCUSSION AND POSSIBLE, ACTION  REGARDING PURCHASE OFTWO NEW TRUCKS FOR WATER DISTRIBUTION. AND. AUTHORINGTHE: INTERIM CITYMANAGERTO  SIGN. ALLNECESSARY DOCUMENTS  (MIKE HALSEMA)    PAGE52-66 CITYCOUNCILMEMORANDUM- DISCUSSION REGARDING FY241 MID-  YEAR) BUDGET UPDATE  (MIKEI HALSEMA)  PAGE67-81 CITYMANAGER: REPORT  (BRAD HUNT)  EXECUTIVE SESSION:  THE CITY COUNCIL OF THE CITY OF GATESVILLE WILL CONVENE INTO4 A CLOSED EXECUTIVE SESSION. PURSUANTTO TEXAS GOVERNMENT CODE SECTION: 551.074 (PERSONNEL MATTERS) TO: DELIBERATETHE, APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE, OR DISMISSAL OF Al PUBLIC OFFICER OR EMPLOYEE, TO WIT: CITY MANAGER, INTERIM DEPUTY CITY  MANAGER, AND CHIEF OF POLICE.  ENDI EXECUTIVE SESSION. ANDI RECONVENE OPEN MEETING  NOI MEMO- DISCUSSION. ANDI POSSIBLE ACTION RESULTING FROM. DELIBERATIONS  INI EXECUTIVE SESSION.  ADJOURN MEETING    NOTICE AGENDA 5:30P.M JUNE 11, 2024  THIS NOTICE: IS POSTED IN COMPLIANCE WITH THE OPEN MEETING ACT  (TEX. GOVT CODE CHAPTER: 551, SEC. 551.041) REGULAR CITY COUNCIL MEETING GATESVILLE CITY COUNCIL CHAMBERS 110 NORTH g"STREET, GATESVILLE, TEXAS76528  An Open Meeting will be held concerning the following subjects:  1. Call 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. If youl intend to comment on a specific agenda item, please indicate the item(s) on the sign-in sheet before the meeting. Each speaker is allotteda a maximum of 3 minutes for their remarks, and speakers are expected to conduct themselves ina 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 of Life-Saving Award to Gatesville Police Officer Glory Little (Cody Lee)  CONSENT:  6. All consent agenda items are considered routine by the City Council and will be enacted bya single motion. There will be no separate discussion of these items unless a Councilmember RESOLUTION 2024-61: Discussion and possible action regarding approval of Minutes from RESOLUTION 2024-62: Discussion and possible action regarding April 2024 Financials  requests an Item to be removed and considered separately.  Special City Council Meeting held on May 28, 2024. (Wendy Cole)  (Mike Halsema)  OTHER BUSINESS:  7. Discussion and possible action regarding amending engineering and planning professional 8. Discussion and possible action regarding ana agreement between the City of Gatesville and contractor, MatTech DE, LLC. for wastewater pump and haul services for United States Army 9. Discussion regarding an Ordinance of the City of Gatesville repealing Ordinance 2018-04 and adopting al Drought Contingency Plan. (1st reading of Ordinance 2024-05) (Zeb Veazey) 10. Discussion and possible action regarding purchase of two new trucks for Water Distribution and authorizing the Interim City Manager to sign all necessary documents. (Mike Halsema)  services agreements with Freese & Nichols Inc.  (David: Jones, Kira Isles, Mike Halsema)  Fort Cavazos.  (Mike Halsema & Bobby Buster)  11. Discussion regarding FY241 mid-year budget update (Mike Halsema)  12. City Manager Report (Brad Hunt)  P1    13. The City Council of the City of Gatesville will convene into ac closed Executive Session pursuant to Texas Government Codes section 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofa public officer or employee, to wit: City Manager, Interim Deputy City Manager, and Chiefo of  Police.  14. End Executive Session and Reconvene Regular Meeting---  15. Discussion and possible action resulting from deliberations in Executive session.  16. Adjourn Meeting  Ihereby attest that the above agenda was posted ont this the 7th day of: June, 2024 by 5:00 p.m. on the official City of Gatesville website, www.satesilletxcom and the official bulletin boards at the Gatesville City Hall, 803 E. Main Street and Gatesville Council Chambers, 110 N. 8th Street,  Gatesville, Texas. Zimlylele Wendy Cole 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 emaily wcol@atesylletx.comt for further information.  P2    Gatesville Spur Capital ofTexas  Agenda Item #5  CITY COUNCIL MEMORANDUM  Date: To: From:  June 11, 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 withal 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, Dhuntepatesale.com  P3    SPECIAL CITY COUNCIL MEETING MAY28,2024 5:30P.M. COUNCIL CHAMBERS, 110NORTH! 8TH STREET, GATESVILLE, TEXAS 76528  AN OPEN MEETING WAS HELD CONCERNING THE FOLLOWING SUBJECTS:  1CALL1 TOORDER REGULAR CITY COUNCIL MEETING AT5:34 P.M. THIS 28THI DAYOF 2) QUORUM CHECK/COUNCILI PRESENT: Mayor Gary Chumley, Councilmembers. Barbara  MAY,2024  Burrow, Greg Casey, Joel Patterson, and Aaron Smith. REGRETS: Councilmembers Meredith Rainer and. John Westbrook  CITY STAFF PRESENT: Interim City Manager Brad Hunt, City Secretary Wendy Cole, Interim Deputy City Manager/Finance/R Director Mike Halsema, Interim Police Chief Cody Lee, and] Parks OTHERS: Coryell County. Judgel Roger Miller, Leo Corona, David. Jones (FNI representative) and 3)INVOCATION: Councilmember Casey/PLEDGE OF ALLEGIANCE: Led by Mayor Chumley 4.CTIZENSPUBLIC: COMMENTS FORUM: INDIVIDUALS WISHING TO ADDRESS' THE GATESVILLE CITY COUNCILI MAY DO SODURING THIS SEGMENT.] IF YOU] INTENDTO COMMENT ON A SPECIFIC AGENDA ITEM, PLEASE. INDICATE THE ITEM(S) ON' THE SIGN IN SHEET BEFORE THE] MEETING.. EACH SPEAKER IS ALLOTED Al MAXIMUM OF3 MINUTES. FOR THEIR REMARKS. AND SPEAKERS ARE EXPECTED TO CONDUCT THEMSELVES IN Al RESPECTFUL MANNER. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT,THE CITY OF GATESVILLE CITY COUNCIL CANNOT DELIBERATE OR  and] Recreation. Director, Seth Phillips. Gatesvillel Messenger Staff Writer. Alex Meelbusch.  ACT ON ITEMS NOTI LISTED ON THE MEETING. AGENDA. Leo Corona of 409 State School Roads spoke tot the Council ont two topics:  1. At the March 26, 2024 council meeting the Council was asked by Coryell County Commissioners to be reimbursed for expenses that the County spent for an unplanned sewer line replacement during the County Jail Expansion project. It was indicated at that time thati it would be decided at a future council meeting during the budget process since this expense was not included in the current city budget. Mr. Corona hoped that the future discussion to approve or disapprove reimbursement willl be discussed: in an 2. Asked the Council to kindly keep an open mind regarding his comments as his intentions are purely intended to assist our city. Mr. Corona said that he created aj presentation for the Council to consider for af future work session. The presentation is from International City/County Management Association (ICMA) senior advisor representative, Kevin C. Duggan, and is regarding an effective City Council and City Manager relationship. Mr. Corona suggested that this presentation would assistt the council and give 5) PRESENTATION OF LIFE-SAVINGA AWARDIOGATESVILLE POLICE OFFICER GLORY Mayor Chumley said that this agenda item would be deferred to the next meeting as Officer Littlei is out  open meeting.  them guidance inl hiring a City Manager.  LITTLE oftown.  (Codyl Lee)  P4    SPECIAL CITY COUNCIL MEETING  MAY2 28, 2024 PAGE2 CONSENT:  6) ALLCONSENT AGENDA ITEMS ARE CONSIDERED: ROUTINE BY CITY COUNCIL AND WILL BE ENACTED BY A SINGLE1 MOTION. THERE WILLI BENO: SEPARATE DISCUSSION OF1 THESE] ITEMS UNLESS A COUNCILMEMBER REQUESTS AN ITEM' TOI BE REMOVED RESOLUTION: 2024-53: Discussion and possible action regarding approval ofl Minutes from RESOLUTION2 2024-54: Appointment ofl Interim City Manager Brad Hunt as al Board Member to RESOLUTION: 2024-55: Discussion and possible action regarding ai resolution to re-establish  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 ont the second and fourth Tuesday ofe each month, along with the option for special called  Solid Waste Advisory Committee.  (Brad Hunt)  Meetings as necessary. Assessment Roll (Mike Halsema)  (Wendy Cole)  RESOLUTION: 2024-56: Presentation of Coryell County Appraisal District 20241 Preliminary Councilmember Burrow recommended a change to correct the minutes ofl May 14, 2024: Agenda item No. 21 regarding Resolution 2024-51 and Resolution 2024-52 should say "Aye" onl both of Councilmember Burrow's votes instead of"Abstained". All six voting' "Aye". Motion by Barbara Burrow, seconded by Greg Casey, to approve the Consent Agenda as modified with ther recommended changes tol Resolution 2024-53: Minutes from May 14, 2024 (Res. 2024-51 &. 2024- 52); Resolution 2024-54, Resolution 2024-55; and Resolution 2024-56; all four voting "Aye", motion  passed. OTHER BUSINESS:  7) DISCUSSION ANDI POSSIBLE, ACTION REGARDING AJ RESOLUTION TO ADOPT7 THE CORYELL COUNTY HAZARD MITIGATION PLAN 2023. (BRAD HUNT &1 ROGER MILLER) Coryell County Judge, Roger Miller, stated that the Countyl has been working ont thisl Mitigation Plani for about two (2); years andi is now completed. This] plan includes all entities and municipalities in Coryell County and willl bel helpful when applying for mitigation grant funding withl Federal Emergency Management. Agency (FEMA). The City of Gatesville's: subsequent adoption oft this plan will allow Gatesville- independent oft the County or anyone else- toi identify risk hazards that are outlined: int the plan andt to apply for grant funding tos support those mitigation measures. Judge Miller highlighted: ai few portions oft the of309 pager mitigation plan document and encouraged the Council to approve the resolution regarding thel hazard mitigation plan asi it would provide a way to makei improvements tot the Interim City Manager Hunt noted that therei is no upfront cost to the City if this Resolution is adopted and would allow future opportunities for consideration by Council regarding grant funds, City's project Judgel Miller also noted that this mitigation plan was totally grant funded with no cost to taxpayers. Mayor Chumley spoke ini favor of adoption this Resolution and recommended Council's approval. RESOLUTION 2024-57: Motion by Greg Casey, seconded by Aaron Smith, to approve. Resolution 2024-57 adopting the Coryell County Hazard Mitigation) Plan 2023; all four voting" "Aye", motion  infrastructure ands safety in the Gatesville community ati minimal cost. match, and1 how it might fiti into the City's long/short term budgets.  passed.  P5    SPECIAL CITY COUNCIL MEETING  MAY14, 2024 PAGE3  8) DISCUSSION AND POSSIBLE. ACTION REGARDING ORDINANCE. NO. 2024-02,AN ORDINANCE AMENDING* "THE CITY'S ZONING ORDINANCE! BY AMENDING TABLEI IV UNIFORM HEIGHT AND AREA REGULATIONS" BY AMENDING VARIOUS SECTIONS OF SECTION: 11 "ZONINGI DISTRICT DESCRIPTIONS" TO CLARIFY THE APPLICABILITYOF TABLE IV. AND] BY AMENDING ECTONIFADMNSTRATON AND] ENPORCEMENT'BY ADDING Al NEW SECTION 13-7 "CONFLICTS BETWEENTABLES AND CODE TEXT". David. Jones, Freese &1 Nichols Urban Planning Consultant, reminded the Council that this was at least the fourth time (including thel P & Z workshop) that Council has discussed this ordinance amending the City's Zoning Ordinance. Thel Bldg. Area column was eliminated as discussed at thej previous meetings There was al brief discussion regarding "grandfathering in" existing lot owners with smaller lot areas and their ability tol build on1 them. Mayor Chumley said that topic would be: for ai future agenda. ORDINANCE 2024-02-03: Motion by Aaron Smith, seconded by Barbaral Burrow, to approve Ordinance 2024-02 on the third and final reading amending the: zoning ordinance as presented and as recommended by the Planning & Zoning Commission; all four voting' "Aye", motion passed. 9) DISCUSSION. AND] POSSIBLE. ACTION) REGARDING ORDINANCE NO. 2024-03,A AN ORDINANCE AMENDING THE CITY'S ZONING ORDINANCE! IN REGARD TO MOBILE, MANUFACTURED. AND MODULAR HOMES. (3RD &1 FINAL] READING OF ORDINANCE David. Jones, Freese & Nichols Urban Planning Consultant, reminded the Council that thist topic had been in discussion for several months with staff and City Council and noted that the proposed language would clarify definitions and make them align with the HUD definitions and alsoi include specific language governing the process for current mobilel homes tol be' "grandfathered in" as long as usei is An optional registration process would be available that would establish the grandfathered use. There was abrief discussion regarding the 180 day optional registration period and thej process of this ORDINANCE 2024-03-03: Motion by] Barbara Burrow, seconded by Greg Casey, to approve Ordinance 2024-03 on thet third andi final reading amending the City's Zoning Ordinance regarding Mobile, Manufactured, and] Modular homes; all four voting "Aye", motion passed. 10) DISCUSSION. AND POSSIBLE ACTION RE GARDING ORDINANCEN NO.2024-04,AN ORDINANCE. AMENDING THE CODE OF ORDINANCES. AT CHAPTER: 56 "UTILITIES", ARICIEI-NGENEAL BY AMENDING SECTION 56-6 "EXTENSIONI OF UTILITIES OUTSIDE CITYI LIMITS." (3RD AND] FINALI READING OF ORDINANCE 2024-04) Interim City Manager Hunt said that there had been no changes to this ordinance that outlines three (3) scenarios regarding annexation ofp properties outside1 the city limits in order toj provide utility services. Mr. Hunt also reminded the Council that all utility services outside the city limits, including annexation ofland, must be approved byt the City Council before any service wouldi bej provided. Past arrangements made by city staff toj provide utility service outside the cityl limits arei not considered binding agreements ORDINANCE: 2024-04-03: Motion by Greg Casey, seconded by Aaron Smith, to approve Ordinance 2024-04 ont the third andi final reading, amendingt the Code of Ordinances at Chapter 56' "Utilities", Article 1, "In General"b by amending' "Extension ofUtilities Outside the City Limits"; all four voting  (3RD & FINALI READING OF ORD. 2024-02)  (BRADI HUNT & DAVIDI JONES)  and the other proposed amendments to the ordinancel had not changed.  2024-03)  (BRADI HUNT & DAVID JONES)  established. application.  (BRADI HUNT)  with the city.  "Aye", motion passed.  P6    SPECIAL CITY COUNCIL MEETING  MAY28, 2024 PAGE4  11) DISCUSSION ANDI POSSIBLEACTION REGARDINGAN AGREEMENT WITH] FORT CAVAZOS. ANDTHE CITY OF GATESVILLE IN REGARDS TOI MANAGEMENT OF THE MILITARY RECREATION CENTER AND AUTHORIZING THE INTERIM CITY MANAGER TO Parks and Recreation Director, Seth Phillips, reported to the Council that 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 ini regards to an! Intergovemmental Support. Agreement (IGSA) between the City and) NFC. A draft agreement has been worked up and will be reviewed by the City Attorney with Council approval to Fort Cavazos serves a Mobilization Force Generating Installation deploying over 25,000 Reserve Component soldiers in over 490 units per year, These soldiers require recreation services as they are physically 301 miles from the main cantonment area of] Fort Cavazos. Ini response to an army-wide 25% cut ini non-appropriated funding, the NFC Commander closed the existing North Ft. Cavazos Recreation Center. The NFC Rec Center had been in operation for 18 years and now has no allocated or non- appropriated: funding to support Morale Welfare Recreation employees to operate recreation services for these customer units. This agreement serves the best interest of the. Army asi it willi improve the quality of life of the deploying soldiers, reduce travel costs, and enhance mission effectiveness of the target  EXECUTE SAID AGREEMENT.  (BRAD HUNT & SETH PHILLIPS)  proceed with the agreement.  population.  Pros for the City of Gatesville: 1. Will not cost the Cityof Gatesville any money. 2. Will not cost the City of Gatesville's tax payers any money. 3. Will add 6-8 decent payingj jobs tot thej job market.  4. Will strengthen the existing positive partnership between Fort Cavazos and the City of Gatesville. 5. Will see as slight increase ini revenue duet to the 5 % administration fee that willl be charged to the 1.Willl be open 365 days per year (including holidays) for 12- hour days from 9 a.m. to 9p.m. 2. Possibility oft the agreement ending prematurely: if cuts were: made by the army andj jobs would be Interim City Manager Hunt saidt thati ifthis agreement were tol be approved the timelinet tos start operation would1 bei in October/November. The City would notl be out any funds as the Army would payi in advance Staff recommended approval of the agreement with Fort Cavazos in regards to management of the military recreation center as presented but the Council requested to have the option of considering the There was a lengthy discussion regarding the operation of the NFC Recreation Center including background checks of employees, retention of employees, supervision of employees, and that all city salaries & benefits will be paid for by the Army. All amenities and facility maintenance of the Rec. RESOLUTION 2024-58: Motion by Barbara Burrow, seconded by Joe Patterson, to authorize the Interim City Manager to proceed and negotiate the agreement with Fort Cavazos and the City of Gatesville in regards to management of the military recreation center and present the final draft to the 12) DISCUSSION REGARDING AN ORDINANCE OF THE CITY OF GATESVILETEXAS AMENDING CHAPTER 18. FEES OF THE CODE OF ORDINANCES OFTHE CITYOF  United States Government. Possiblel Negatives fort the City of Gatesville:  lost.  regarding salaries and vehicles would bej provided. agreement after the City Attorey reviews.  Center building willl be done totally by the Army.  Council for final approval; all four voting "Aye", motion passed.  P7    SPECIAL CITY COUNCIL MEETING  MAY28, 2024 PAGE5  GATESVILLE: ADOPTING AN ADDITIONAL SEWER RATE FOR THE CITY OF GATESVILLE: AND] PROVIDING AN EFFECTIVE DATE (1ST READING OF ORDINANCE 2024-05)(MIKEH) Interim Deputy City) Manager, Mike Halsema, said that staff had been contacted by a subcontractor at Fort Cavazos in regards to accepting sewer by the truckload at the wastewater plants. They were repairing a sewer issue at Ft. Cavazos and were having to bypass the lift station so needed a way to temporarily transport the "black water" to the wastewater plant. There is not a mechanism currently in the fee schedule to support this. Staff has developed aj proposed rate schedule for accepting industrial organic waste onsite. Staff worked with the City's engineers (FNI) concerning this service, andi noi issues were found. The volumetric impact on the sewer system regarding the Fort Cavazos "black water" transportation tot the Wastewater Plant (WWTP) would be the same asi it would have been disposed ofin There was a lengthy discussion ini regards to allowing other contractors to transport waste tot the WWTP andi that the' Wastewater Superintendent would be discretionary as to what could be dropped off. The United States Environmental Protection Agency (EPA) or Texas Commission on Environmental Quality (TCEQ) violations were also a concern. Thel liquids becoming unstable and contaminated which could Council requested that Wastewater Superintendent, Bobby Buster, bei in attendance at the next meeting to answer questions and clarify concerns regardingi possible pre-treated: requirements in certain  the sewer system anyway.  impact the Wastewater Treatment Plant was aiso a concern.  instances.  ORDINANCE 2024-05-01: Motion by. Joel Patterson, seconded by Greg Casey, to pass Ordinance: 2024- 051 to the second: reading at thei next scheduled Council meeting; all four voting' "Aye", motion passed.  13) DISCUSSION. AND] POSSIBLE/ ACTION REGARDING ARBITRAGE REBATEF FOR2019 The City issued $10M in Utility System Revenue Bonds through the Texas Water Development Board (TWDB) in 20191 for the Stillhouse wastewater plant rehabilitation. Thel bondj proceeds were depositedi in to an escrow account per thel bond covenants with the TWDB. Since thei initial deposit the account has earned $728,935 ini interest. Per laws codified inl Internal Revenue Service (IRS) Code Section 148 and regulations promulgated by the United States Treasury mandate that interest income derived from the investment of tax-exempt proceeds in excess of the permitted arbitrage rate must be rebated to the United States Government. Arbitrage rebate compliance requires that computations bej performed which are consistent with the complex technical requirements contained in the aforementioned laws and regulations to determine the rebate amount, ifa 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. Thej 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 thel bulk oft thel bond proceeds will spent, andi itisr not anticipated that another rebate will be necessary in the future. The arbitrage rebate will reduce the RESOLUTION: 2024-59: Motion by Barbaral Burrow, seconded by Aaron Smith, to approve the payment of $236,777 tot thel IRS: fort the arbitrage rebate from interest eamed: in the Stillhouse project  UTILITY SYSTEM REVENUE BONDS.  (MIKEI HALSEMA)  amount ofinterest earned while the escrow account) has a balance funds.  escrow account; all four voting "Aye", motion passed.  P8    SPECIAL CITY COUNCIL MEETING  MAY28,2024 PAGE6 CALENDAR.  14) DISCUSSION AND] POSSIBLE. ACTION REGARDING FISCAL YEAR 2025 BUDGET Finance Director, Mike Halsema, reminded the Council that a 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 clear timeline and structure, ito contributes tot the successful development andi implementation of thec city's budget. Mr. Halsema noted that most budget activities for the City Council will take place during regular council meeting dates. However, a Special called meeting iss scheduled for September 3rd for the second reading oft the budget ordinance and to conduct a publicl hearing. Mr. Halsema asked the Council toj please notify staff as soon as possible ifanyonei is unable to attend anyl Regular or Special called meetings. The City Attorey has reviewed and approved the proposed calendar. There was ab briefd discussion regarding thej preliminary. 2024 estimate oft taxable value. calendar for Fiscal Year 2024-2025; all four voting' "Aye", motionj passed.  (MIKE HALSEMA)  RESOLUTION 2024-60: Motion by Aaron Smith, seconded by Greg Casey, to approve the budget  COUNCILMEMBER BURROW: Requested a topic to be added to the. June 11, 2024 Council Meeting agenda: To give consideration and possible adoption of a Code of Ethics. Burrow referred to the Gatesville, Texas Charter, Section 3.08, that describes the limits of Council involvement with administrative services and gives some direction that should happen only through the City Manager that conversations should happen. Burrow believes that this should be elaborated on so Council understands what the parameters are moving forward in dealing with staff & others. This proposed Code of Ethics would need to be reviewed by the City Attorney and recommendation if appropriate for the City of Councilmember Patterson said that he agrees with Councilmember Burrow to put this on the. June 11,  Gatesville. 2024 agenda.  15) ADJOURNI MEETING AT7:07 P.M.THIS 28TH DAY OFN MAY.2024  ATTEST: Wendy Cole City Secretary  APPROVED: Gary M. Chumley Mayor  P9    General Fund APRIL 46,431 222,267 80,069 13,873 1,397 8,585 4,945 25,734 16,962 53,861 474,125 12,428 11,777 24,205 49,602 40,284 89,886 5,247 31,226 36,473 156,416 34,262 190,678 11,563 3,786 15,349 83 15,600 15,683 33,554 34,312 67,866 8,556 9,640 18,195 10,767 1,222 11,989 38,256 27,625 65,881 10,201 7,290 17,491 2,734 2,734 7,515 3,129 10,644 567,074  2023-24 Budget 2,799,236 2,909,568 797,203 151,000 15,000 36,600 33,500 380,000 151,500 777,785 8,051,392 178,241 96,355 274,596 686,597 713,951 1,400,548 164,047 19,160 183,207 2,245,666 462,549 2,708,215 149,766 49,870 199,636 1,000 311,554 312,554 544,908 862,338 1,407,246 76,377 38,100 114,477 164,950 48,777 213,727 475,883 224,757 700,640 155,679 150,152 305,831 64,590 45,814 110,404 81,183 39,128 120,311 8,051,392 P10  2023-24 YTD %YTD 3,008,658 107.5% 1,681,094 57.8% 597,827 75.0% 94,310 62.5% 7,914 52.8% 108,790 297.2% 43,132 128.8% 256,208 67.4% 220,457 145.5% 377,030 48.5% 6,395,420 79.4% 86,760 48.7% 66,440 69.0% 153,200 55.8% 361,561 52.7% 366,790 51.4% 728,351 52.0% 75,286 45.9% 73,005 381.0% 148,291 80.9% 1,243,309 55.4% 345,566 74.7% 1,588,875 58.7% 83,265 55.6% 33,858 67.9% 117,123 58.7% 583 58.3% 158,918 51.0% 159,502 51.0% 298,795 54.8% 313,967 36.4% 612,763 43.5% 47,425 62.1% 29,403 77.2% 76,828 67.1% 42,335 25.7% 15,663 32.1% 57,998 27.1% 264,272 55.5% 136,405 60.7% 400,677 57.2% 75,480 48.5% 102,419 68.2% 177,898 58.2% 0.0% 15,214 33.2% 15,214 13.8% 53,065 65.4% 31,765 81.2% 84,830 70.5% 4,321,548 53.7% 2,073,872  Revenues AVT Taxes Sales Tax Franchise Fees Fines & Fees Other taxes Licenses & Permits Rentall Income Parks & Rec Misc. Revenues Intergovernmental Interf fund Transfers TOTALI REVENUES Expenditures LIBRARY Personnels Svcs. 0&M Total ADMINISTRATION Personnel! Svcs. 0&M Total PLANNING Personnel Svcs. O&M Total POLICE Personnel Svcs. 0&M Total COURT Personnel Svcs. 0&M Total FIRE Personnels Svcs. 0&M Total STREET Personnels Svcs. 0&M Total FLEETS SERVICES Personnel Svcs. 0&M Total BUILDINGI INSPECTIONS Personnels Svcs. 0&M Total PARKS&F RECREATION Personnel Svcs. 0&M Total Fitness Center Personnel Svcs. O&M Total SWIMMINGI POOL Personnel Svcs. 0&M Total CIVICC CENTER Personnel 5vcs. 0&M Total TRANSFERE EXPENSE TOTALI EXPENDITURES Galn (Loss)    Water & Sewer Fund  APRIL  2023-24 Budget 1,949,288 2,294,232 1,041,281 31,300 71,000 5,387,101 749,552 710,034 2,504,932 449,415 2,508,918 2,383,271 9,306,122  2023-24 YTD  %YTD 1,011,386 51.9% 1,294,104 56.4% 562,228 54.0% 11,196 35.8% 68,502 96.5% 2,947,415 54.7% 421,607 56.2% 545,565 76.8% 883,168 35.3% 214,928 47.8% 974,421 909,789 38.2% 3,949,477 42.4%  Water  Revenues Water Sales Residential Commercial And Institutional Wholesale Connections & Installs Misc. Expense Distribution Personnel 0&M Capital Outlay Production Personnel 0&M Capital Outlay  133,293 174,073 73,361 739 22,729 404,195 60,137 71,279 120,109 29,969 160,063 418,284 859,842  Subtotal  38.8%  Subtotal  Sewer  Revenues Sewer Fees Residential Commercial, And Institutional Connections & Installs Misc. Expense Personnel O&M Capital Outlay Revenues Expense Non Departmental Revenues Grants & reimbursements Interest Expense Transfers and Franchise fees Revenues Expense Gain (Loss)  106,770 158,776 187 2,164 267,897 39,292 55,575 22,455 117,322 74,395 71,708  1,023,717 2,074,791 9,300 19,250 3,127,058 473,384 1,658,462 8,321,036 10,452,882 794,280 788,200 12,026,904 300,400 12,327,304 1,088,539 21,635,743 21,635,743  760,272 74.3% 1,192,918 57.5% 1,232 13.2% 19,007 98.7% 1,973,429 63.1% 286,390 60.5% 523,506 31.6% 617,852 1,427,748 13.7% 502,521 424,068 53.8% 1,074,790 332,735 110.8% 1,407,524 11.4% 632,640 58.1% 6,830,889 31.6% 6,433,934 396,955  Subtotal  7.4% 63.3%  Subtotal  Sanitation  8.9%  12,998 12,998 87,355 759,484 1,136,227 (376,743) P11  Subtotal  Grand Total  29.7%    Gatesville 6 Spur Capital ofTexas  Agenda Item #7  CITY COUNCIL MEMORANDUM  Date: To: From:  June 11, 2024 Mayor & City Council  Mike Halsema, Interim Deputy City Manager  Agenda Item: Discussion and possible action regarding amending engineering and planning  professional services agreements with Freese & Nichols Inc.  Information:  Professional service agreements with Freese & Nichols Inc. (FNI) for engineering and planning servicesare InJ January of2024, a professional services agreement not to exceed! $49,980 was entered into with Freese & Nichols for on call planning services. As of the end of May, the not to exceed limit was met. Due to a vacancy in the Planning department, FNI has been providing these services. Continued City planning functions cannot continue without the services of FNI, or the hiring of staff capable of providing these InD December of 2023, a professional services agreement not to exceed $50,000 was entered into with Freese & Nichols for on call water, sewer, drainage, and facilities engineering services. As of the end of May, services have not met the not to exceed amount, but are approaching the limit. Staff has identified possible Capital Improvement Projects (CIP) for the upcoming budget that are in need of engineering  nearing their not to exceed limits.  services.  estimates. Financial Impact: Motion:  Increased costs of $30,000 to the General Fund and $30,000 to the Water and Sewer Fund.  Imake a motion to approve amending engineering and planning professional services agreements with  Freese & Nichols Inc. by $30,000 each respectively.  Attachments:  Resolution 2024-63 & FNI On Call Planning services amendment. Resolution 2024-64 & FNI On Call Engineering services amendment.  Staff Contacts:  Mike Halsema, Interim Deputy City Manager mhabsemaeriteyletcon  P12    A RESOLUTION OF THE CITY OF GATESVILLE, TEXAS  RESOLUTION NO. 2024-63  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ON-CALL ENGINEERING AND PROFESSIONAL WATER/WASTEWATER, STORMWATER, FACILITIES AND TRANSPORTATION ENGINEERING SERVICES TO AMEND THE TOTAL AUTHORIZED AMOUNT TO $80,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND  SERVICES  INCLUDING  BUT  NOT  LIMITED  TO  PROVIDING AN EFFECTIVE DATE.  WHEREAS, the City has previously, in December, 2023, approved and entered into a professional services agreement with Freese and Nichols, Inc. ("FNI") for provision of on-call engineering and professional services including but not limited to water/wastewater, stormwater, facilities and transportation engineering services with a total authorized amount not to exceed  $50,000.00 (the "Original Agreement"); and  WHEREAS, compensation for services rendered to date under the Original Agreement is nearing the $50,000.00 and, if anticipated project proceed, will soon exceed the total authorized  amount; and  WHEREAS, to allow anticipated projects toj proceed, City staffi has recommended that the Original Agreement be amended toi increase the total authorized amount by an additional $30,000,  for an amended total authorized amount of $80,000.00; and  WHEREAS, the City Council finds that it is in the best interest oft the City to approve an amendment to the Original Agreement with FNI to increase the total authorized amount to  $80,000.00;  NOWTHEREFORE, BEITRESOLVED BYTHE CITY COUNCIL OFTHE CITY SECTION 1. The City Council hereby approves an amendment to the Professional Services Agreement with Freese and Nichols, Inc. ("FNI") for provision of on-call engineering and professional services including but not limited to water/wastewater, stormwater, facilities and transportation engineering services, by increasing the total authorized amount by an additional  OF GATESVILLE, TEXAS, THAT:  P13    $30,000.00, resulting in a total authorized amount not to exceed $80,000.00, all as set forth in the amendment attached hereto and incorporated herein by this reference: as. Exhibit"A."  SECTION2. The City Manager is hereby authorized to execute an amendment, in substantially the form attached hereto as Exhibit "A" and any other necessary and related  documents.  SECTION3. Any prior Resolutions of the City Council of the City of Gatesville, Texas, in conflict with the provisions contained in this Resolution are. hereby repealed and revoked.  SECTION 4. Ifany article, paragraph, subdivision, clause or provision ofthis Resolution, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgement orl holding shall not affect the validity ofthis Resolution as a whole or any part or provision thereof, as amended hereby, other than the part sO declared to bei invalid or unconstitutional.  SECTION 5. This resolution shall take effect immediately from and after its passage in accordance with the provisions ofthe Charter ofthe CityofGatesville, Texas, andi iti is accordingly  resolved. June, 2024.  DULY PASSED by the City Council oft the City of Gatesville, Texas, on the  day of  APPROVED:  GARY CHUMLEY, MAYOR  ATTEST:  WENDY COLE, CITY SECRETARY APPROVED ASTO FORM:  VICTORIA THOMAS, CITY ATTORNEY  4866-6262-6246, v.1  P14    EXHIBIT"A" [to be attached]  Amendment to FNI On-Call Engineering Professional Services Agreement  P15    FREESE NICHOLS  PROFESSIONAL: SERVICES AGREEMENT  AMENDMENT  CITY OF GATESVILLE, TEXAS 803 E. Main Street Gatesville, Texas 76528  FNI PROJECT NO. GTV23026  DATE: 06/06/2024  Project Name: On Call Engineering and Professional Services  Description of Services: A. FNI shall continue to provide on-call engineering and professional services including, but not limited to, Water/Wastewater Engineering, Stormwater Engineering, Facilities Engineering, Transportation Engineering. Assignments from the City willl be as needed and willl be executed as Task Authorizations toi this Agreement. Details concerning the specific Scope of Services, Budget, and Scheduie for individual assignments willl bei included int the Task Compensation shall be amended as follows: A not to exceed amount of Thirty" Thousand Dollars and Zero Cents.  Authorization.  Current Contract Amount: Amount of this Amendment: Revised Total Amount Authorized:  $50,000 $30,000 $80,000  The above described services shall proceed upon execution oft this amendment. All other provisions, terms and conditions of the Professional. Services Agreement which are not expressly amended: shall remain inj full force and  effect.  FREESE ANDI NICHOLS, INC.  CITY OF GATESVILLE, TEXAS  BY:  BY:  Print Name TITLE: DATE:  Print Name TITLE: DATE:  LiClemlOLcAISIGAtwle Texas, Cityo ofiOn-CallE Engineering Services/Amendment: 1PSA-  ServicesA Agreement Amendment.docx  Rev. 4/19  P16    3. Offer to the CITY suggestions on potential impacts governed by other CITY departments and regulatory agencies as may be noticed during review of Applications. Offer recommendations 4. Assist CITY staff with preparing comments in written format to the CITY for the Applications. Include applicable comments previously generated from CITY review of the Applications. 5. Provide written comments from the CITY and FNI to the applicant's representative, engineer or Assist CITYstaff withi the review of resubmitted. Applications to verify that all previously provided written comments have been addressed by the applicant, and to verify that revisions do not  oni input from these agencies, ifapplicable.  surveyor (as applicable), as may ber needed within 15 calendar days.  cause internal conflicts or newi issues.  7. Document meetings and telephone calls with applicants.  F. agreed-to). ARTICLEII  Provide a concise, one-page monthly report to CITY of all active Projects (in a format to be mutually  ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by CITY, which are not included in the above described recurring services, are described below. Such efforts will be on specific request and detailed scoping to which FNI will respond with an estimate of level of effort and cost, and may  be conducted as a separate contract.  A.  Attend pre-application and/or pre-design meeting with applicants, as requested by the CITY, such meetings are to provide applicants with necessary criteria and guidelines to be used in preparing Applications and plans. For in-person meetings, no less than two weeks' notice is needed for scheduling/travel. purposes. FNI will attempt to attend when less thant two weeks' notice is provided, Attend Development Review Staff Meetings as requested by the CITY. For in-person meetings, no less than two weeks' notice is needed for scheduling/travel purposes. FNI will attempt to attend Attend Comment Review Meetings if requested by the CITY. Fori in-person meetings, no lesst thantwo weeks' notice is needed for scheduling/travel purposes. FNI will attempt to attend when less than D. Preparation of land-use and market studies; public engagement strategies and implementation; crafting development agreements and planned development districts; interlocal agreements, and annexation plans ofs service; updating development codes, policies, and practices. Preparation of amendments to or new development regulations, including but not limited to unified development codes, zoning codes, sign codes, subdivision regulations, engineering design manuals  tot the extent possible.  B.  when less than two weeks' notice is provided, to the extent possible.  two weeks' notice is provided, to the extent possible.  E.  and building codes.  SC-2  P17    F.  Preparation of Small Area Planning including Market Analysis: Projects may include market-based sub-area master planst that consider existing and proposed land usé dtmpenatoamasnaur and include feasibility analysis based on public, private, and P3 funding strategies. Preparation of Parks and Open Space, Landscape Architecture and Urban Design: Projects may include master planning and all levels of design for a range of park types from passive to active; expertise in landscape architecture with emphasis native plant palettes; principles of urban design; Performance of Mapping and GIS Services: Projects may include updates to existing maps, the creation of new maps, and a variety of geographic analyses, including hosting and maintenance of  G.  creation and design of public spaces and gathering places.  H.  online web mappingi interfaces. Prepare design plans for CITY Projects.  I. J. K.  Preparing applications and supporting documents for government grants, loans, or planning Preparing data and reports for assistance to CITY in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. Assisting CITY in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, ifa any, shall be furnished by FNI on ai fee basis negotiated by the respective parties outside of andi in addition to this AGREEMENT. M. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the N. Preparing statements fori invoicing or other documentation for billing other than for the standard  advances and providing data for detailed applications.  CITY.  invoice for services attached to this professional services agreement.  ARTICLE HI  TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to serve as the CITY's planner and engineer for a duration of time mutually agreed  upon by the CITYand FNI. ARTICLE IV services of FNI: A.  RESPONSIBILITIES OF CLIENT: CITY shall perform the following in a timely manner sO as not to delay the  Designate in writing a person to act as CITY's representative with respect to the services to be rendered undert this AGREEMENT. Such personshall have contract authorityt tot transmit instructions, receive information, interpret and define CITY's policies and decisions with respect to FNi'sservices  for the Project.  SC-3  P18    B.  Assist FNI by placing at FNI's disposal all available information pertinent to the Project including Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as CITY deems appropriate for such examination and render in writing decisions pertaining thereto within a Give prompt written notice to FNI whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article Il oft this AGREEMENT or other services as  previous reports and any other data relative to thel Project.  reasonable time so as not to delay the services of FNI.  D.  required.  E. ARTICLEV  Beara all costs incident to compliance with the requirements of this Article IV.  DESIGNATED REPRESENTATIVES: FNI designates thei following representatives:  David. Jones, AICP Project Manager 214-217-2226 Gavdjoneselrese.com FNI's Accounting Representative: Sharon. James Project Accounting Manager 817-735-7298 sdj@freese.com  SC-4  P19    AI RESOLUTION OF THE CITY OF GATESVILLE, TEXAS  RESOLUTIONNO.: 2024-64  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, APPROVING AMENDMENT #1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ON-CALL PLANNING AND DEVELOPMENT REVIEW SERVICESTO AMENDTHE TOTAL. AUTHORIZED AMOUNT TO $79,890.00; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN  EFFECTIVE DATE.  WHEREAS, the City has previously, in January, 2024, approved and entered into a professional services agreement with Freese and Nichols, Inc. ("FNI") for provision of on-call planning and development review services with a total authorized amount not to exceed  $49,890.00 (the "Original Agreement"); and  WHEREAS, compensation for services rendered to date under the Original Agreement WHEREAS, to allow anticipated projects toj proceed, City staffhas recommended that the Original Agreement be amended to increase the total authorized amount by an additional $30,000,  has reached the $49,890.00 total authorized amount; and  for an amended total authorized amount of $79,890.00; and  WHEREAS, the City Council finds that it is in the best interest oft the City to approve an amendment to the Original Agreement with FNI to increase the total authorized amount to  $79,890.00;  NOW,THEREFORE, BETTRESOLVEDBYTHECITYCOUNCIL OFTHECITY SECTION 1. The City Council hereby approves Amendment #1 to the Professional Services Agreement with Freese and Nichols, Inc. ("FNI") for provision of on-call planning and development review services, by increasing the total authorized amount by an additional $30,000.00, resulting in at total authorized amount not to exceed $79,890.00, all as set forth in the Amendment #1 attached hereto and incorporated herein by this reference as Exhibit "A."  OF GATESVILLE, TEXAS, THAT:  P20    SECTION2. The City Manager is hereby authorized to execute Amendment #1, in substantially the form attached hereto as Exhibit "A" and any other necessary and related  documents.  SECTION3. Any prior Resolutions oft the City Council oft the City of Gatesville, Texas, in conflict with the provisions contained in this Resolution are hereby repealed and revoked.  SECTION 4. Ifany article, paragraph, subdivision, clause or provision ofthis Resolution, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgement orl holding shall not affect the validity ofthis Resolution as a whole or any: part orj provision thereof, as amended hereby, other than the part SO declared tol bei invalid or unconstitutional.  SECTION5. This resolution shall take effect immediately from and after its passage in accordance with thej provisions ofthe Charter ofthe CityofGatesville, Texas, andi it is accordingly  resolved. June, 2024.  DULY PASSED by the City Council oft the City of Gatesville, Texas, on the  day of  APPROVED:  GARY CHUMLEY, MAYOR  ATTEST:  WENDY COLE, CITY SECRETARY APPROVED ASTOI FORM:  VICTORIA THOMAS, CITY ATTORNEY  5221-6006, V. 1  P21    EXHIBIT "A" [tol be attached]  Amendment to FNI On-Call Planning and Development Review Services Agreement  P22    FREESE NICHOLS  PROFESSIONAL SERVICES AGREEMENT  AMENDMENT#1 GTV24073 05/07/2024  City of Gatesville, TX 110 N8 8th Street Gatesville, TX76528-1457 Project Name: Description of Services: Deliverables: Schedule: Compensation Type: Current Contract Amount: Amount of this Amendment:  FNI Project: Client Contract:  Date:  Gatesville On-Call Planning and Development Review On-Call Planning and Development Review  See Attachment SC 2n months Not to Exceed $49,890 $30,000  Revised Total Amount Authorized: $79,890  The services described above shall proceed as amended upon execution of this Amendment. All other provisions, terms, and conditions of the Professional Services Agreement which are not expressly amended  shall remain inj full force and effect. CITY OF GATESVILLE, TX Name: Scott Albert Title: City Manager Date:  FREESE ANDI NICHOLS, INC. By: IncuEnuer Name: Wendy S. Bonneau, FAICP Title: Principal /Vice President Date: May 9, 2024  By:  Professional. Services Agreement Amendment  Pagelof1  Rev 07/22  P23    ATTACHMENTSC  SCOPE OF SERVICES AND RESPONSIBILITIES OF CLIENT  PROECTUNDFSTANDING  Freese and Nichols, Inc. ("FNI") is engaging with the City of Gatesville, Texas ("CITY") to provide professional planning and engineering services in an on-call capacity to address engineering and development issues impacting the CITY, from botha a physicalor design aspect, as a result of general growth within the community, new development, redevelopment or from issues external but affecting the CITY. Freese and Nichols, Inc. will address such issues by providing concise recommendations to the CITY, as well as serve on behalf of the CITY Iti is understood that FNIi is being engaged to verify that plans and plats prepared by others, ands submitted by others for CITY's approval, meet ordinances in place at the time FNI reviewed the same plans and plats. FNI will be performing a very limited review of these documents and does not represent or certify them for any other purpose than to verify that the plan and plats as illustrated and described meet CITY's ordinances in  atr meetings, public hearings or other formal CITY business.  place at the time these plans and plats are reviewed.  ARTICLEI  RECURRING SERVICES: FNI will provide the following services, at the CITY's request, on a regular and recurring basis. All recurring work and meetings are to be held based on the schedule shown in A below, unless otherwise requested by the CITYands scheduling is agreed-to by FNI's staffi in advance:  A. B. C.  Provide upi to 20 hours of time per week. FNI may provide additional time as available, on request. Review development applications. Assist CITY staff with development review process and Attend meetings at the CITY Representatives request with entities such as TxDOT, Coryell County, and surrounding communities to provide input on development related issues. For in-person meetings, no less thani two weeks' notice is needed for scheduling/travel purposes. FNI will attempt Attend CITY Council and Planning and Zoning Commission meetings as requested by CITY to answer questions concerning comments and recommendations on the Projects and CITY development applications, with two weeks' notice for in-person scheduling/travel purposes. FNI will attempt to Assist CITY staff with processing PLATZONINGNARANCES/ANNEXATION STUDIES/BUILDING SITE PLAN APPLICATIONS ("Applications")- as requested by CITY. FNI will assist staff in reviews per CITY 1. Review Applications that are assigned by CITY for administrative completeness within! 90 calendar 2. Review Applications for general compliance with CITY's Development Codes and Ordinances and  recommendations as requested by the CITY.  to attend when less than two weeks' notice is provided, to the extent possible.  D.  attend when less than two weeks' notice is provided, to1 the extent possible.  E.  approved process outlined in general terms below.  days.  Master Plans within 15 calendar days.  SC-1  P24    Gatesville Spur Capital ofTexas  Agenda Item #8  CITY COUNCIL MEMORANDUM  Date: To: From:  June 11, 2024 Mayor & City Council City Manager  Bobby Buster, Wastewater Superintendent & Mike Halsema, Interim Deputy  Agenda Item: Discussion and possible action regardingaresolutiont forawastewater pump and  haul services agreement.  Information:  Staff has been contacted ini regards to accepting sewer by the truckload at the Leon plant by a contractor for Fort Cavazos. Staff has developed a proposed agreement for accepting industrial organic waste from Fort Cavazos onsite for a limited time and with a sole contractor. Staff worked with the City's engineers  concerning this service, and no issues were found.  Financial Impact: N/A Staff Recommendation: industrial organic waste onsite. waste onsite with Mat Tech DEI LLC.  The staff recommends that the City Council approve the esolutionauthorzing: an agreement fora accepting Motion: - move to approve the Resolution authorizing an agreement for accepting industrial organic  Attachments:  RESOLUTION 2024-65 RE: WW PUMP & HAUL SERVICES AGREEMENT WASTEWATER PUMP ANDI HAUL: SERVICES AGREEMENT  Staff Contacts:  Mike Halsema, Interim Deputy City Manager Malemaelewlekcon Bobby Buster, Wastewater Superintendent Bbusteresategyllek.con  P25    CITY OF GATESVILLE, TEXAS RESOLUTION NO. 2024-65  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS APPROVING A WASTEWATER PUMP AND HAUL SERVICES AGREEMENT WITH MATTECH DE, LLC FOR PROVISON OF PUMP AND HAUL SERVICES TO ACCOMMODATE REPAIRS OFAF FAILURE INTHE SANITARYSEWERSYSTEMATFT. CAVAZOS FOR THE PERIOD ENDING AUGUST 1, 2024 AND FOR THE COMPENSATION SET FORTH IN SAID AGREEMENT; AND PROVIDING AN  EFFECTIVE DATE  WHEREAS, a sanitary sewer: system failure at U.S. Army Fort Cavazos has necessitated immediate repairs thereof and the need for wastewater flows to be diverted to tanker trucks for transport and disposal ("pump and haul") during said repairs which are expected to be completed no later WHEREAS, MatTech DE, LLC, a Delaware limited liability company, sometimes doing business as Mat Tech Industrial Services and duly registered to do business in the State of Texas has WHEREAS, MatTech has requested that it be allowed to utilize the City's wastewater disposal facilities located at 1100 College Street in connection with provision of the pump and haul services to the US for the compensation and on the terms and conditions set forth in a WHEREAS, the City Council oft the City of Gatesville finds it to bei int the pubicinteresttoauthorite NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, SECTION1. The Wastewater Pump and Haul Services Agreement between the City of Gatesville, Texas and MatTech DE, LLC, a Delaware corporation sometimes doing business as Mat Tech Industrial Services, attached hereto and incorporated herein by this reference as Exhibit "A",is hereby approved and the City Manager is authorized to sign the Agreement in substantially the form attached hereto, along with any necessary, related documents, on behalf oft the City. SECTION 2. This Resolution shall be effective immediately upon approval.  than August 1, 2024; and  contracted with the US to provide pump and haul services; and  Wastewater Pump and Haul Services Agreement; and  such agreement. THAT:  P26    PASSED AND APPROVED this the  day of June, 2024.  ATTEST:  APPROVED:  Wendy Cole, City Secretary APPROVED. ASTO FORM:  Gary Chumley, Mayor  )  Victoria W. Thomas, Special Counsel  4878-3770-0550,V.1  P27    EXHIBIT A (tol be attached)  Wastewater Pump and Haul Services Agreement  4878-3770-0550, v.1  P28    WASTEWATER PUMP AND HAUL: SERVICES  AGREEMENT  This Wastewater Pump and Haul Services Agreement (the "Agreement") is made and entered into, Gatesville, Texas, a' Texas home-rule municipal corporation (the "City") and MatTech DE, LLC,a Delaware limited liability company sometimes doing business as Mat Tech Industrial Services ("Contractor") for the provision of pump and haul wastewater services including collection, transportation, treatment, and disposal in accordance with all applicable federal and state laws, City code provisions, ordinances, building codes, construction standards, and any other regulation properly adopted by the City, as may be amended. The City and Contractor are. hereinafter sometimes referred to as a' "Party" and collectively as1 the "Parties."Thel Parties agree as follows:  effective as of the  day of June, 2024 (the "Effective Date") by and between the City of  RECITALS  WHEREAS, U.S. Army Fort Cavazos ("Ft. Cavazos") is currently experiencing a partial sanitary WHEREAS, the sanitary sewer system failure at Ft. Cavazos has necessitated immediate repairs thereof and the need for wastewater flows to be diverted to tanker trucks for transport and disposal WHEREAS, Contractor has been retained by the U.S. for provision uf pump and haul services WHEREAS, the repairs and associated pump and haul services are expected to take two months at most and be completed no later than August 1, 2024 (the "Pump and Haul Period"); and WHEREAS, Contractor has requested that the Contractor be allowed to contract and make available wastewater collection, transportation, treatment, and disposal services to Ft. Cavazos by pump and haul agreement with the City, ,utilizing the City's disposal facilities, while the repairs to the Ft. Cavazos Whereas, Contractor has agreed toj pay all ofthe costs of Pump-and-Haul Service as set forth herein WHEREAS, the City and Contractor desire to set forth, in this Agreement, the terms and conditions governing the provision of pump and haul wastewater service by the Contractor to Ft.  sewer system failure; and  ("pump and hau!") during said repairs; and  during the period ofrepair to the Ft. Cavazos wastewater line repairs; and  sanitary sewer system are completed; and (the "Contractor Costs"); and  Cavazos for the Pump and Haul Period.  AGREEMENT  NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which arel hereby acknowledged, the Parties hereby agree as follows:  P29    LINCORPORATION OF RECITALS AND DEFINITIONS  1.01 RECITALS INCORPORATED.  The above and forgoingrecitals are: incorporated herein and made a part ofthis Agreement for  all purposes. 1.02 DEFINITIONS.  Capitalized terms used in this Agreement shall have the meanings set forth in this section, unless otherwise defined int this Agreement ori in thel Development Agreement, or unless the  context clearly requires another definition.  "City Code" means the Code ofOrdinances, City of Gatesville, Texas including the Zoning Ordinance and Subdivision Ordinance and containing all development-related regulations including, but not limited to, zoning and land use, site and design standards, and historic preservation standards, as may  be amended.  "City Council" means the City Council oft the City.  "City Manager" means the appointed official or his/her designated agent charged with directing the "Contractor" means MatTech DE, LLC, a Delaware limited liability company, sometimes doing business as Mat Tech Industrial Services, with an address of PO Box 1383, Albin, Texas 77512 and ap physical address of 1500 W. Hwy 6, Alvin, Texas 77511 that has or will contract with the U.S. to provide Pump and Haul Wastewater Services to U.S. Army Fort Cavazos for the Pump and Haul  administration of the City.  Period.  "Effectivel Date" means the date set: forth in the first paragraph ofthis Agreement.  "Ft. Cavazos" means U.S. Army Fort Cavazos.  "Ft. Cavazos Wastewater Repair" means the wastewater line repair required for the proper "Pump and Haul" means the method for the provision of Wastewater Services by the Contractor that utilizes the pumping of wastewater for vehicular transport to a point of disposal. "Pump and Haul Period" means the period commencing upon the Effective Date oft this Agreement "Wastewater Service(s)" means the collection, transportation, treatment, and disposal ofwastewater  functioning of wastewater services at U.S. Army Fort Cavazos.  and expiring on August 1, 2024.  2 P30    from the Property.  II. WASTEWATERS SERVICES  2.01 PUMP. AND HAULI SERVICE  2.01.1  The Contractor, at its sole cost and expense, shall cause wastewater from Ft.  Cavazos to be pumped and hauled and disposed of in a manner that is compliant with applicable local, state, and federal regulations, and that does not result in any spills, leaks, or detriment to the public health, safety or welfare, until the expiration of the Pump and Haul  Period. 2.01.2  Subject to the terms and conditions stated herein, during the Pump and Haul  Period, the City agrees to accept for disposal at its wastewater facility located at 1100 College Street, Gatesville, Texas (the "City facility") the wastewater transported by Contractor in accordance with the provisions of this Agreement and Contractor agrees to compensate City therefor by payment ofl Pump and Haul Fees charged per transport vehicle as follows: A. $0.10 per gallon of wastewater (calculated based on1 transport vehicle capacity) or B. $0.50 per gallon of wastewater (calculated based on transport vehicle capacity) for septage deemed by City to contain an undue amount oft trash and/or debris; and C. $120 per hour holiday fee (minimum charge of1 hour per transport vehicle); and D. $100 per hour weekend and after-hours fee (minimum charge of1 hour per transport E. $500 trash and debris fee for septage deemed by City to have an undue amount of F. $100 per transport vehicle if transport operator desires to use City facilities to wash 2.01.3 City reserves the right to refuse entry to any transport vehicle operated by Contractor and/or deny unloading or disposal of any such vehicle, all at City's sole discretion. Contractor expressly agrees that City will deny entry and disposal if the City facility has reached capacity and/or if the vehicle or its contents are in violation of any federal, state, or local law or 2.01.4 City will invoice Contractor for the Pump and Haul Fees set forth herein on a weekly basis and Contractor will submit payment in full to City within seven (7) days of the date of each invoice. Amounts not paid timely will bear interest at the higher of the rate ofs six percent (6%) per annum or the highest legal rate allowed by law. Contractor further agrees to be responsible for and reimburse City for all costs and expenses, including reasonable attorney's fees and court costs, incurred by City in attempting to collect Pump and Haul Fees due and  vehicle); and trash and/or debris; and  out the transport vehicle on the premises oft the City facility.  regulation.  owing hereunder or to otherwise enforce the provisions oft this Agreement.  2.02 PUMP AND HAUL PROVIDER.  3 P31    2.02.1  The Contractor shall further maintain with the City at all times the Contractor's  current contact information and name and contact information for at least two (2) designated representatives who are available twenty-four hours a day to respond to complaints or issues  related to wastewater disposal.  2.02.2  The Contractor further agrees that, with the exception of the City wastewater  disposal facility, the Contractor shall have the equipment and facilities necessary to dispose  the wastewater from Ft. Cavazos.  2.02.3  The Contractor and City agree that at no time will City wastewater facilities be  used for Pump and Haul wastewater disposal for any property other than Ft. Cavazos.  2.03 RECORDS.  Contractor shall maintain complete records of the Pump and Haul service provided, and the Contractor shall maintain with the City a copy of any reports required by applicable state and  federal regulations, related toj providing Pump and Haul services.  2.04 TRANSITION OF SERVICES.  The City and Contractor shall: reasonably cooperate to smoothly transition wastewater service at  the conclusion ofthel Pump and Haul Period.  III. INSURANCE AND INDEMNIFICATION  3.01 INSURANCE.  Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims fori injuries toj persons or damages to property that may arise from or in connection with the performance of the services as required by this Agreement. All Certificates of Insurance and endorsements shall be furnished to the City within five(5) days  from the Effective Date of this Agreement. (a) Insurance policies required:  (1) General Commercial Liability Coverage - Minimum of $1,000,000.00 per occurrence for bodily injury and property damage; $2,000,000.00 aggregate. (2) Business Automobile Liability Coverage. - Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. (3) Umbrella/Excess: Liability Coverage - Minimum ofr not less than $1,000,000.00.  (b) General Requirements Applicable to Policies.  (1) Only insurance carriers licensed and admitted to do business in the State ofTexas  4 P32    will be accepted.  (2) Each insurance policy must be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has  been given to the City of Gatesville, Texas.  (3) Upon request, certified copies of all insurance policies shall be furnished to the (4) The City of Gatesville, Texas, is to be added as an "Additional Insured" to the General Commercial Liability Policy and the Umbrella/Excess Liability Policy. The coverage shall contain no special limitations on the scope of protection  CityofGatesville, Texas.  afforded to the City.  3.02 ENFORCEMENT ACTIONS.  In the event that the EPA or the TCEQ issues any form, notice, order or penalty for violations of applicable law resulting from the Pump and Haul services provided under this Agreement, the Contractor shall bei responsible for payment ofs said penalties within the time required under the order or applicable law. Contractor agrees to fully defend, indemnify and hold harmless the City of Gatesville and its current, past, and future officers, officials, employees, and agents from any liability or expense as a result of any EPA or TCEQ action related to the Pump and  Haul Services.  III. REPRESENTATIONS AND WARRANTIES  3.01 CONTRACTOR  Contractor warrants and represents the following:  (a) Contractor is a duly organized entity validly existing and in good standing under the laws of Delaware and duly registered to do business in the State ofTexas with proper authority to execute this Agreement and perform the obligations presented; (b) Performance under this Agreement will not result in any breach of or constitute any default under, any agreement or other instrument to which Contractor is aj party or by  which Contractor may be bound; and  (c) Contractor has not received written notice and has no actual knowledge of any litigation pending or threatened that may adversely affect the Contractor's ability to  perform its obligations under this Agreement.  This Agreement constitutes a legal, valid, and binding obligation of the Contractor  enforceable in accordance with its terms.  5 P33    3.02 CITY  The City warrants and represents thei following:  (d) The City is a municipal corporation with full right and authority to enter into this (e) Performance under this Agreement will not result in any breach of or constitute any default under, any agreement or other instrument to which the City is a party or by  Agreement and perform the obligations presented; and  which the City may be bound.  This Agreement constitutes a legal, valid, and binding obligation ofthe City enforceable in  accordance with its terms.  IV. TERM  4.01 TERMOF. AGREEMENT.  This Agreement shall be effective upon the Effective Date and shall expire on August 1, 2024. Any payment obligations or other liabilities and/or responsibilities of Contractor that accrue prior to termination of this Agreement shall survive termination. Either party may V. DEFAULT, RESERVATION OF RIGHTS, ATTORNEY'S FEES, AND WAIVER  terminate this Agreement for an uncured event of default.  5.01 DEFAULT.  Notwithstanding anything herein to the contrary, no Party shall be deemed to be in default hereunder until the passage of seven (7) days after receipt by such Party of written notice of default from the other Party. Upon the passage of seven (7) days after receipt of written notice of default without cure of the default, such Party shall be deemed to have defaulted for purposes oft this Agreement; provided that ifthe nature ofthe default is that it cannot reasonably be cured within the seven (7) day period, the defaulting Party shall have a longer period oftime as may bei reasonably: necessary to cure the default in question; but in no event more than fifteen (15) days. In the evènt of default, the non-defaulting Party to this Agreement may pursue the remedy of specific performance or other equitable legal remedy not inconsistent with this Agreement. All remedies will be cumulative and the pursuit of one authorized remedy will not constitute an election of remedies or a waiver of the right to pursue any other authorized remedy. The City may terminate this Agreement ift the Contractor fails to cure a default within  the period required by this Section. 5.02 RESERVATION OFI RIGHTS.  To the extent not inconsistent with this Agreement, each Party reserves all rights, privileges, and immunities under applicable laws, and neither Party waives any legal right or defense available under law ori in equity. Nothing in this Agreement: shall be deemed to waive, modify or amend any legal defense available atl law or in equity to either the City or its officers and employees, and: neither the City, nor its officers and employees waive, modify or alter to any extent whatsoever the  6 P34    availability ofthe defenseofgovemmenti.l immunity under the laws oft the State ofTexas.  5.03 ATTORNEY'S. FEES.  A Party shall be liable to the prevailing Party for attorney fees and costs incurred in connection with any. litigation between thel Parties, in which a Party seeks to obtain ai remedy from the other  Party, including appeals and post judgment awards.  5.04 WAIVER.  Any failurel by al Party toi insist upon strict performancel by the other Party ofa any provision ofthis Agreement will not, regardless oflength oft time during which that failure continues, be deemeda waiver oft that Party'si right to insist upon strict compliance with all terms oft this Agreement. In order tol be effective: as to al Party, any waiver ofdefault under this Agreement must bei in writing, and a written waiver will only be effective as to the specific default and as to the: specific period of time set forth int the written waiver. A written waiver willi not constitute a waiver ofa any subsequent default, or ofthei right toi require performance ofthe same or any other provision ofthis Agreement  in the future.  VI. MISCELLANEOUS  6.01 NOTICES  Any notice tol be given hereunder by any Party to another Party shall bei in writing andi may be effected by personal delivery or by sending said notices by registered or certified mail, return receipt requested, tot the address set forth below. Notice shall be deemed given when deposited with the United States Postal Service with sufficient postage affixed.  City City of Gatesville Attn: City Manager 803 Main Street Gatesville, Texas 76528 With copy to: Victoria Thomas Nichols Jackson, LLP 500N. Akard St., Suite 1800 Dallas, Texas 75201 Contractor MatTech DE, LLC Dba MatTech Industrial Services  7 P35    Attn: Warren Keyes P.O. Box 1383 Alvin, TX 77512  Any Party may change the address for notice to it by giving notice ofsuch change in accordance  with the provisions of this section.  6.02 ASSIGNMENT.  Contractor's rights and obligations under this Agreement may not be assigned.  6.03 AGREEMENT. AMENDMENT.  This Agreement may not be amended except by the mutual written agreement of the Parties that is signed by all the Parties and dated subsequent to the date hereof. The Parties understand and agree that all amendments are subject toi final approval by the City Council  ofthe City.  6.04 NOTHIRD-PARTY BENEFICIARIES.  This Agreement is not intended, nor will it be construed, to create any third-party beneficiary rights in any person or entity who is not aj party, unless expressly provided otherwise herein, or in a written instrument executed by both the City and thet third party. Absent a written agreement between the City and third party providing otherwise, if a default occurs with respect to an obligation ofthe City under this Agreement, any notice of default or action seeking ai remedy for  such default must bei made by the Owner. 6.05 BINDING. NATURE OF AGREEMENT.  This Agreement shall bind and inure to the benefit of the Parties and their permitted successors  and assigns.  6.06 ENTIRE AGREEMENT.  This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof. To thei maximum extent permitted under the law, no terms shall bei implied by operation of law or otherwise. This Agreement shall supersede all previous communications, representations, or agreements, either oral or written.  6.07 FORCE MAJEURE.  (a) The term "force majeure" as employed herein shall mean and refer to acts of God (which includes natural disasters); strikes, lockouts, or other industrial disturbances: acts of public enemies, orders of any kind of the government of the United States, the State ofTexas or any civil or military authority; insurrections; riots; epidemic; pandemic: landslides; lightning, earthquakes; fires, hurricanes;  8 P36    storms, floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; breakage or accidents to machinery, pipelines, or canals; or other causes not reasonably within the control oft the Party claiming such  inability.  (b) If, by reason of force majeure, any Party hereto shall be rendered wholly or partially unable to carry out its obligations under this Agreement, then such Party shall give written notice of the full particulars of such force majeure to the other Party within ten (10) days after the occurrence thereof. The obligations of the Party giving such notice, to the extent effected by the force majeure, shall be suspended during the continuance of the inability claimed, except as hereinafter provided, but for no longer period, and the Party shall endeavor to remove or  overcome such inability with all reasonable dispatch.  (c) Iti is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion oft the Party having the difficulty, and that the above requirement that any force majeure shall bei remedied with all reasonable dispatch shall not require that the settlement be unfavorable in the judgment of the Party  having the difficulty.  6.08 GOVERNING. LAW AND VENUE.  This Agreement, and all rights and obligations oft the Parties hereto, shall be governed by and construed in accordance with the lnvvs of the State of Texas, exclusive of conflict of law provisions. Venue ofany suit brought under this Agreement shall be in a court of competent jurisdiction in Coryell County, Texas. With the exception of the City's immunities to suit and/or liability, the Parties submit to the personal jurisdiction of said courts and irrevocably  waive any objection to personal jurisdiction onj forum non conveniens.  6.09 SEVERABILITY.  Should any court declare or determine that any provisions of this Agreement is invalid or unenforceable under present or future laws, that provision shall be fully severable; this Agreement shall be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in place of each such illegal, invalid, or unenforceable provision, there shall be added automatically as a part ofthis Agreement aj provision as: similar ini terms to such illegal, invalid, or unenforceable provision as: may be possible and be legal, valid, and enforceable. Texas law shall govern the  validity and interpretation oft this Agreement.  6.10 SURVIVAL.  The following sections and provisions shall survive expiration, termination, or rescission of this Agreement: Indemnification, Claims and Release, and Liability ofCity Employees.  6.11 COUNTERPARIS.  9 P37    This Agreement may be executed in any: number of counterparts, each of which shall be an original, and all such counterparts shall together constitute one and the same Agreement.  6.12 INTERPRETATION, TERMS AND DATES.  References made in the singular shall be deemed to include the plural and thei masculine shall be deemed to include the feminine or neuter. Ifany date for performance of an obligation or exercise of a right set forth in this Agreement falls on a Saturday, Sunday or State ofTexas holiday, such date shall be automatically extended to the next day which is not a Saturday,  Sunday or State ofTexas holiday.  6.13 NOJOINT VENTURE.  The terms of this Agreement are not intended to and shall not be deemed to create any partnership or joint venture among the Parties. The City, its past, present and future officers, elected officials, employees and agents, dor not assume any responsibilities or liabilities to any third party in connection with the development of the Property. The City enters into this Agreement in the exercise of its public duties and authority to provide for development of property within the city pursuant to its police powers and for thel benefit and protection oft the  public health, safety, and welfare.  6.14 LIABILITIES OF CITY EMPLOYEES.  To the extent permitted by Statel law, neither the City, any City agent or representative, nor any public official, officer, or employee shall be personally responsible for any acts or liability arising under or related to this Agreement. This Agreement imposes no personal liability  upon the City, any ofi its officers, employees, or agents.  6.15 CLAIMS AND RELEASE.  (a) Claims. If the City notifies Contractor of any claim, Contractor shall assume on behalf oft the City and conduct with due diligence and in good faith the investigation and defense thereofand the response thereto with counsel selected by Contractor but reasonably satisfactory to the City; provided, that City has the right tol bei represented by advisory counsel of their own selection and at their own expense; and provided further, that ifany such claimi involves Contractor and the City, and the City has been advised in writing by counsel that there may be legal defenses available to it which are inconsistent with those available to Contractor, then City has the right to select separate counsel to participate in the investigation and defense of and response to such Claim on City's own behalf, and Contractor shall pay or reimburse the City for all reasonable legal fees and costs incurred by the City because of the selection of  such separate counsel.  (b) Release. Other than to the extent caused by a City Event of Default, Contractor and Owner hereby release the City, including its current, past, and future officers, officials, employees and agents, with respect to all Claims regarding any alleged,  10 P38    established or admitted negligent or wrongful act or omission of the City, INCLUDING ALL CLAIMS CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY OF THE CITY but excluding Claims to the extent caused by the gross negligence or willful: misconduct ofthe City. Theprovisions oft this Section will survive  the expiration or earlier termination oft this Agreement.  6.16 INDEMNIFICATION.  CONTRACTOR SHALL SAVE AND HOLD HARMLESS THE CITY AND ITS CURRENT, FORMIER, AND FUTURE CITY COUNCIL MEMBERS, OFFICERS, OFFICIALS, AGENTS, ATTORNEYS, AND EMPLOYEES (THE "INDEMNIFIED PARTY") FROM ALL CLAIMS AND LIABILITIES DUE TO ACTIVITIES PERFORMED UNDER THIS CONTRACT BY THE CONTRACTOR (THE INDEMNIFYING PARTYIISOFFICERS,OEHICIALS,AGENIS,ATTORNEYS, OR EMPLOYEES, WHICH ARE CAUSED BY OR RESULT FROM THE NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, KNOWING, OR INTENTIONAL ERROR, OMISSION, OR ACT OF THE INDEMNIFYING PARTY OR ANY PERSON EMPLOYED BY OR CONTRACTED WITH THE INDEMNIFYING PARTY OR UNDER THE INDEMNIFYING PARTY'S CONTROL. THE INDEMNIFYING PARTY SHALL ALSO DEFEND AND SAVE AND HOLD THE INDEMNIFIED PARTY HARMLESS FROM ANY AND ALL CONSULTANT AND ATTORNEY'S FEES AND EXPENSES THAT MAY BE INCURRED BY THE INDEMNIFIED PARTY IN LITIGATION OR OTHERWISE DEFENDING CLAIMS OF LIABILITIES WHICH MAY BE IMPOSED ON THE INDEMNIFIED PARTY AS A RESULT OF SUCH ACTIVITIES INCLUDING FAILURES TO ACT COVERED BY THIS SECTION 6.16. THE INDEMNIFYING PARTY SHALL NOT SETTLE OR COMPROMISE ANY CLAIM COVERED BY THIS SECTION 6.16 WITHOUT THE WRITTEN CONSENT OF THE INDEMNIFIED PARTY. THE INDEMNIFIED PARTY MUST APPROVE ANY ATTORNEYS SELECTED BY THE INDEMNIFYING PARTY TO DEFEND ANY CLAIM COVERED BY THIS SECTION 6.16, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD. THE INDEMNIFIED PARTY MAY AT NO EXPENSE TO THE INDEMNIFYING PARTY RETAIN ADDITIONAL ATTORNEYS TO REPRESENT THE INDEMNIFIED PARTY AS TO ANYCLAIM  EXPENSES,  INCLUDING  REASONABLE WITNESS, LITIGATION  COVERED BY THIS SECTION 6.16.  6.17 GOVERNMENTAL CONTRACT CERTIFICATIONS.  (a) Boycott Israel Certification. For purposes of Chapter 2270 of the Texas Government  11 P39    Code, at the time of execution and delivery of the. Agreement, neither the Contractor, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of Contractor or Owner, boycotts Israel. The Contractor agrees that, except to the extent otherwise required by applicable federal law, including, without limitation, 50 U.S.C. Section 4607, neither the Contractor, nor any wholly-owned subsidiary, majority-owned subsidiary, parent company, or affiliate oft the Contractor will boycott Israel during the term ofthe Agreement. The terms "boycotts Israel" and "boycott Israel" as used in this clause has the meaning assigned to the term "boycott  Israel" in Section 808.001 ofthe Texas Government Code.  (b) Terrorist Organization Certification. For purposes of Subchapter F of Chapter 2252 of the Texas Government Code, at the time of execution and delivery of the Agreement, neither the Contractor, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate ofthe Contractor, (i) engages in business with Iran, Sudan or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 oft the Texas Government Code, or (ii) is a company listed by the Texas Comptroller under Sections 806.051, 807.051 or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" as used herein has the meaning assigned to such term in Section 2252.151 ofthe' Texas Government (c) Energy Companies Certification. The Contractor hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott energy companies and will not boycott energy companies during the term of this Agreement. The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code, and to the extent such Section is noti inconsistent with a governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. As used in the foregoing verification, "boycott energy company" means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit orp pledge to meet environmental standards beyond applicable federal and statel law; or (B) does business with a company described by the preceding statement in (A). (d) Firearms Certification. Contractor hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not have a practice, policy, guidance, or directive that discriminates against a firearm entity or: firearm trade association during the term ofthis Agreement. The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code. As used in the foregoing verification, "discriminate against a firearm entity or firearm trade association". means: (i) refusei to engage: int thet trade ofa any goods or services with the entity or association based solely oni its status as ai firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association! based solely oni its status  Code.  12 P40    asa firearm entity or firearm trade association; or (ii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; but does not include (a) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; or (b) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; ori for any traditional business reason that is specifict to the customer or potential customer and not based solely on an entity's or association's status as a  firéarm entity or firearm trade association.  (e) Disclosure of Interested Parties. Contractor and Owner acknowledge that Texas Government Code Section 2252.908 ("Section 2252.908") requires business entities entering into a contract with a local government entity such as the Contractor and Owner to complete al FORM1 1295 promulgated by the TEC (which is available on the TEC website at htps/wwwdthisueiku-fomms1295pd) and to file it electronically with the' TEC before the time the business entity executes and submits the contract to the local governmental entity. Contractor and Owner confirm that they havereviewed Section 2252.908, electronically filed al FORM 1295 with the' TEC, and has provided the Owner with a completed FORM 1295 and certification of filing generated by the TEC's electronic filing application, as required by Section 2252.908.  [SIGNATURE PAGES FOLLOW]  13 P41    EXECUTED ini multiple originals this the  day ofJune, 2024.  CITY:  City ofGatesville, Texas  aTexas home-rulei municipal corporation  Attest:  By: Name: Wendy Cole Title: City Secretary  By: Name: Gary Chumley Title: Mayor  14 P42    CONTRACTOR:  MatTech DE, LLC, al Delaware limited liability company sometimes doing business as MatTech Industrial Services  By: Name: Title:  STATE OF TEXAS COUNTY OF CORYELL  Before me on this day personally appeared  known or proven to me to be thej person  whose: namei is subscribed to the foregoing Wastewater Pump and Haul Agreement and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed onl behalf of and as the authorized act  ofMatTech DE, LLC after having been first duly authorized so to do.  Given under my hand and seal of office this the  day of] June, 2024.  Notary Public  My Commission Expires:  (SEAL)  16  4884-4456-0070,V.1  P43    y  Gatesuille Spur Capital ofTexas  Agenda Item #9  CITY COUNCIL MEMORANDUM  Date: To: From:  June 11, 2024 Mayor & City Council  Zeb Veazey, Water Production Superintendent  Agenda Item: Discussion and possible action to approve Ordinance number 2024-05 repealing  Ordinance Number 2018-04 and adopting a Drought Contingency Plan for the  City of Gatesville.  Information:  The Texas Administrative Code, Title 30 (Environmental Quality) Rule 288 stipulates that wholésale water suppliers develop five-year Drought Contingency Plan and sets the minimum elements of the plan. A Drought Contingency Plan is a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. The City's current Drought Contingency Plan was adopted July 10, 2018 and is  contained in the Code of Ordinances, Chapter 21 beginning with Article IV.  Financial Impact: N/A Motion:  move to approve Ordinance number 2024-05 repealing Ordinance Number 2018-04 and adopting a  Drought Contingency Plani for the City of Gatesville.  Attachments: Staff Contacts:  Ordinance2024-05 will be provided at the Council Meeting  Zeb) Veazey, Water Production Superintendent ereyPpatesyletk.com  P44    Gatesville a Spur Capital ofTexas  Agenda Item # 10  CITY COUNCIL MEMORANDUM  Date: To: From:  June 11, 2024 Mayor & City Council  Mike Halsema, Interim Deputy City Manager replacement vehicles though Bill Knight Ford.  Agenda Item: Discussion and possible action regarding purchasing two Water Distribution  Information:  The Cityi is currently leasing several vehicles through Enterprise. Two oft the 2022 Chevy 2500 4x4 crew cab Water Distribution trucks began using an excessive amount of oil. They were using up to 5 quarts in a week, with no visible signs of leakage. Both were under warranty and were taken to a Chevrolet dealership fore evaluation. The dealership said that they could not find anything wrong with the vehicles and produced documentation from corporate indicating the use of 1 quart per 100 gallons ofi fuel was normal. Staff was concerned that the engines would burn ups soon andi the warranty was close to expiring. Both vehicles had close to 30k miles ont them. Staff contacted Enterprise w arrange fora an early termination oft the lease. The vehicles both had positive equity, and were picked up by Enterprise. Staff has begun separation from Enterprise for leasing and maintenance/fuel services. We currently lease 33 vehicles through Enterprise, accounting fort the two returned in this memo. Staff has begun transitioning to in house vehicle acquisition and maintenance onJ June 1. Staff is proposing the purchase of two replacement vehicles; 1 Ford F1504x4  super cab, and 1 Ford F250 diesel 4x4 crew cab.  Financial Impact:  Purchase one F1504 4x4 Super cab at $44,512 and onel F2504 4x4 diesel crew cab at $59,813.12. The vehicles are priced through the HGAC purchasing co-op contract. Bill Knight Ford is a vendor qualified under the HGAC contract and has provided the quotes for both vehicles. Anticipated delivery date is 12-26 weeks from order placement. Financing is proposed through Government Capital for 5 years, with annual  payments of $24,749.10: at an interest rate of 5.974%.  Staff Recommendation:  The staff recommends that the City Council approve the purchase of two Water Production vehicles Motion: move to approve the purchase oft two replacement Water Production vehicles through Billl Knight  through Bill Knight Ford and financing through Government Capital.  Ford and financing through Government Capital.  P45    Attachments: Vendor Quotes. Financing Resolution Staff Contacts:  Mike Halsema, Interim Deputy City Manager habemerieyleton  P46    CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS  RESOLUTION NO. 2024-66  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, APPROVING THE PURCHASE OF ONE 2024 FORD F1504X4 SUPER CAB FOR A PURCHASE PRICE OF $44,512.00 AND ONE 2024 FORD F250 4X4 CREW CAB FOR A PURCHASE PRICE OF $59,813.20 FROM BILL KNIGHT FORD THROUGH HOUSTON GALVESTON AREA COUNCIL (HGAC); AUTHORIZING THE CITY MANAGER TO SIGN ALL RELATED AND NECESSARY DOCUMENTS;  AND PROVIDING AN EFFECTIVE DATE.  WHEREAS, it is necessary toj purchase and acquire two water distribution trucks to replace two WHEREAS, the City is able to acquire a 2024 Ford F150 4x4 Super Cab and a 2024 Ford F250 4x4 Crew Cab for $44,512.00 and $59,813.20, respectively, from Bill Knight Ford utilizing cooperative purchasing through Houston Galveston. Area Council (HGAC); and WHEREAS, the City Council oft the City of Gatesville, Texas finds it to bei in thel best interests of the citizens of the City of Gatesville to approve the purchase from Bill Knight Ford of the two NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1: The City Council of the City of Gatesville approves the purchase ofc one 2024 Ford F1504 4x4 Super Cab motor vehicle and one 2024 Ford F250 4x4 Crew Cab, both from Bill Knight Ford, for purchase prices, respectively, of $44,512.00 and $59,813.20, in accordance with the quotes attached hereto and incorporated herein by this reference as Exhibit "A" utilizing cooperative purchasing through the Houston Galveston Area Council (HGAC). SECTION 2: The City Council does hereby authorize the City Manager to sign any and all  vehicles being returned to Enterprise! Fleet Leasing; and  water distribution trucks;  GATESVILLE, TEXAS THAT:  necessary and related documents.  SECTION 3: This resolution shall become effective immediately upon its passage  DULY RESOLVED AND ADOPTED by the City Council oft the City of Gatesville, Texas, this  the  day of  2024.  P47    APPROVED:  Gary Chumley, Mayor  ATTEST:  Wendy Cole, City Secretary  APPROVED AS TOI FORM: Victoria Thomas, City. Attorney 4859-2732-8453, v.1  P48    EXHIBIT A Ouotes from Bill Knight Ford (to be attached)  4859-2732-8453, v.1  P49    CONTRACT PRICING WORKSHEET Contract  Date Prepared:  VE11-20  5/22/2024  GACBuy  For MOTOR VEHICLES Only  No.:  Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this  order/contract. As needed, delivery updates will bej provided as soon as possible.  Buying City of Gatesville (TX) Agency: Contact Mike Haisema Person: Phone: 254-220-4546 Fax: Email: mhalsema@GatesvilleTX.com Description Product 2024F-150 4x4PU  Contractor: Bill Prepared Steven By: Phone: 918-526-2394 Fax: 918-526-2395 Email: wierpblsnanauocon  Ford Knight Wiley  Super Cab 145" WB, XL( (X1L-1 Pricel Level 445)  A.Product Item Base. Unit] Price Per Contractor's H-GACContract: B.Published Options - Itemize below. Attach additional sheet(s) if necessary.  $43,826.00  (Note: Published Options are manufacturer standard options" which were submitted: andj priced in Contractor's proposal.)  Description  Cost  Description  Cost  THE O SOTUTION  Subtotal From Additional Sheet(s):  Subtotal B:  $0.00 Cost  C.Customization Category" Totals- Itemize below /Attach additional sheet(s) if necessary.  Note: Customization options are' manufacturer non-standard options" which were: submitted andp pricedi in Contractors's proposal.)  Description  Cost $586.00  Description  Delivery to Gatesville, TX  Subtotal From Additional Sheet(s):  Subtotal C: $586.00 is: percentage  Check: Total cost of Customization Categories (C) cannot exceed 25% oft the total oft thel Base For this transaction the  1%  Unit Price plus Published Options (A+B).  D.Total Cost Before Any Applicable Trade-In/Other. Allowances /I Discounts (A+B+C) E.I H-GAC Order] Processing Charge (Amount] Per Current Policy)  Quantity Ordered:  X Subtotal ofA+B+C: $44,412.00  Subtotal D: $44,412.00 Subtotal E: $600.00  F.Trade-Ins /Special Discounts/ /Other. Alm/hepi/lmaltn /Miscellaneous Charges  Description Introdctory Social Medial Discount  Cost -$500.00 11/1/2024  Description  Cost  Subtotal F: -$500.00  Delivery Date:  G.Total Purchase Price (D+E+F): $44,512.00  P50    CONTRACT PRICING WORKSHEET Contract  Date Prepared:  VE11-20  5/22/2024  "GACBuy  For MOTOR VEHICLES Only  No.:  Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date oft this  order/contract. As needed, delivery updates will be provided as soon as possible.  Buying City of Gatesville (TX) Agency: Contact Mike Halsema Person: Phone: 254-220-4546 Fax:  Contractor: Billl Prepared Steven By: Phone: 918-526-2394 Fax: 918-526-2395 Email: swley2blknaneulocom  Ford Knight Wiley  Email: mhalsema@GatesvilleTX.com  Description Product 20241 Ford] F-2504 4x4PU Crew Cab1 176" WB, XL (W2B-P Pricel Level 425) A.P Product Item Base Unit Price] Per Contractor's H-GAC Contract: B. Published Options - Itemize below. Attach additional sheet(s) if necessary.  $49,532.00  (Note: Published Options are' 'manufacturer standard options" which were submitted: and priced in Contractor's proposal.)  Description  Cost $9,595.20  Description  Cost  6.7L V8 Diesel Engine  HESAART PMA CHAS ING SOLITION  Subtotal From Additional Sheet(s):  Subtotal B: $9,595.20  C. Customization Category' Totals- Itemize below / Attach additional sheet(s) if necessary. (Note: Customization options are' manufacturer non-standard options" which were. submitted andj priced in Contractors's proposal.)  Description  Cost $586.00  Description  Cost  Delivery to Gatesville, TX  Subtotal From Additional Sheet(s):  Subtotal C: $586.00  Check: Total cost of Customization Categories (C) cannot exceed 25% oft the total oft thel Base For this transaction the percentage is:  1%  Unit Price plus Published Options (A+B).  D.Total Cost Before Any Applicable Trade-In/Other. Allowances Discounts (A+B+C) E.H H-GAC Order Processing Charge (Amount Per Current Policy)  Quantity Ordered:  X Subtotal ofA+B+C: $59,713.20  Subtotal D: $59,713.20 Subtotall E: $600.00  F.Trade-Ins Special Discounts /Other Allowances /Freight/Installation Miscellaneous Charges  Description Introdctory Social Medial Discount  Cost -$500.00 11/1/2024  Description  Cost  Subtotal F: -$500.00  Delivery Date:  G.Total Purchase Price (D+E+F): $59,813.20  P51    Gateslille  Spur Capital of'Texas  Agenda Item #11  CITY COUNCIL MEMORANDUM  Date: To: From:  June 11, 2024 Mayor & City Council  Mike Halsema, Interim Deputy City Manager  Agenda Item: Discussion regarding FY24 mid-year budget update  Information: Financial Impact: N/A Motion: N/A Attachments: Staff Contacts:  Mid- year budget update for the current fiscal year 2024.  FY24 Mid-year Budget Update presentation.  Mike Halsema, Interim Deputy Cityl Manager mhalemaerateylets.con  P52    8 S  a a  f  e  3  o 5  O  & 6  P53    à  9 D  8 o CD a  a  S  P54    I  I à  9 D  0  P55    & a  P56    a  P57    P58    € &o  8%  P59    5  %  of  P60    % 3  f  P61    s s   8  P62    3 1 5  5  5  P63    P64    g. 8  o :8 s  38  P65    P66    city  Gatesville a Spur Capital of'Texas  AGENDA ITEM#12 Date: To: From: Subject:  June 11, 2024 Mayor & City Council Bradford Hunt, Interim City Manager City Manager Report  The purpose of this report is to keep the public, city council, and staff informed about ongoing  projects and initiatives. Please see attached report.  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