AGENDA FOR THE KERRVILLE CITY COUNCIL MEETING  TUESDAY, DECEMBER 14, 2021, ,6:00P.M. CITY HALL COUNCIL CHAMBERS 701 MAIN STREET, KERRVILLE, TEXAS  The Community Vision  Kerrville will be a vibrant, welcoming and inclusive community that: Respects and protects the natural environment that surrounds it; Seeks to attract economic growth and development; Provides opportunities for prosperity, personal enrichment and intellectual growth for people of all ages; and Does SO while preserving the small-town charm, heritage, arts and  culture ofthe community.  Kerrville2050    KERRI TEXAS  CITY COUNCIL AGENDA DECEMBER 14, 2021, 6:00 PM CITY HALL COUNCIL CHAMBERS 701 MAIN STREET, KERRVILLE, TEXAS  YOUR VOICE YOUR CITY KERRVILLE K  Council Meeting Procedures, City Council and City Staff Safety Measures, and  Citizen Participation Guidelines  COVID-19 (Coronavirus) provides a unique concern in that gathering members of the public, City Council, and City staff within a physical setting constitutes a public health risk. Taking this into account, standard safety protocols will be observed by City Council, City staff, and citizens/visitors attending the meeting. Masks are voluntary and highly encouraged. Visitor seating will be designated. Citizens may view and hear City Council meetings on Spectrum Channel 2 or by live-streaming via the City's website www.kerrilelxgov. City Council meetings are recorded and the recordings are posted Citizens wishing to speak during a meeting shall submit a completed speaker request form" to the City Secretary before the item is introduced, but are encouraged to submit the form before the  on the City's website.  meetings begin. Each speaker is limited to four minutes.  Thank you for your participation!  CALL TO ORDER: By Mayor Bill Blackburn.  INVOCATION AND PLEDGE OF ALLEGIANCE: Led by Councimember Roman Garcia.  1  ANNOUNCEMENTS OF COMMUNITY INTEREST:  Announcement of items of community interest, including expressions of thanks, congratulations, or condolences; information regarding holiday schedules; honorary recognitions of city officials, employees, or other citizens; reminders about upcoming events sponsored by the city or other entity that is scheduledi to be attended by city officials ore employees; and announcements involving imminent threats to the public health and safety oft the city. No action will be taken. 2.A. Kerrville Kindness Award presented to the Salvation Army KROC Center. 2.B. Proclamation recognizing the "Christmas in Kerrville" poem author.  2  PRESENTATIONS:  3  VISITORS/CIIZENS FORUM:  Any citizen with business not scheduled on the agenda may speak to the City Council. Prior to speaking, each speaker must fill out the speaker request form and give it to the City Secretary. The speakerrequest: form must be submitted to the City Secretary before the item is called ori read into record. City Council may not discuss or take any action on an item but may place the issue  on a future agenda. Each speaker is limited to four minutes.  4 CONSENT AGENDA:  These items are considered routine and can be approved in one motion unless a Councimember asks for separate consideration of an item. It is recommended that the City Council approve the following items which will grant the Mayor or City Manager the authority to take all actions  necessary for each approval:    4.A. Construction Agreement with Klecka Electric Co., Inc. for the Butt-Holdsworth Memorial  Library Electrical Upgrade Project in the amount of $332,749.00. 20211214.Leller_ESA Recommendation of Award Klecka Electric.pdf  Attachment:  K  KERRVILLE 2050) 4.B. Purchase of Holt Caterpillar AP600F Paver from Buy Board in an amount not to exceed  $423,520.00. Attachment:  20211214_Info and Quote._CAT_AP600F_Paver.pd: proposed by the Joint Airport Board. Attachment: Budget Amendment 1.pdf  4.C. Amendment to the Fiscal Year 2021-2022 Kerrville / Kerr County Airport Budget as  Committing Funds August 202L12021189754P07  4.D. Minutes for the City Council workshop held November 09, 2021.  Attachment:  0A2mnues.Counel workshop 11-09-21 4pm.pdf 4.E. Minutes for the City Council meeting held November 09, 2021. V2kmnes.coune. meeting 11-09-21 6pm.pdf  Attachment:  4.F. Minutes for the City Council workshop held November 16, 2021. 20211214.minutes. Council workshop 11-16-21 10am.pdf PUBLIC HEARINGS AND RESOLUTIONS:  Attachment:  END OF CONSENT AGENDA.  5  5.A. Resolution No. 53-2021. A Resolution granting a Conditional Use Permit to authorize a short-term rental unit on the property comprising Lot 8, Block C, Cage Addition and more commonly known as 820 Robinson Avenue; said property is located within a Single-Family Residential with Accessory Dwelling Unit Zoning District (R-1A); and making said permit  subject to conditions and restrictions.  Attachment:  20211214.Resolution 53-2021_CUPE 820 Robinson STR.pdf PUBLIC HEARING AND ORDINANCES.FIRST READING:  K 6 2050)  KERRVILLE 6.A. Ordinance No. 2022-01. An Ordinance amending Chapter 74 of the Code of Ordinances,  City of Kerrville, Texas, titled "Parks and Recreation", by adding a new Article III "Parkland Dedication", to include parkland dedication requirements for new residential development within the City and it extraterritorial jurisdiction; providing an effective date; and providing  other matters relating to the subject. INFORMATION & DISCUSSION:  Attachment:  20211214_Ordinardinance._2022-07 Parkland Dedication.pdf  7  7.A. Financial Report. Attachment:  202112K.pesenalonrnanceLUpdalepar CONSIDERATION AND POSSIBLE ACTION:  8  8.A. City's ongoing preparedness and response to COVID-19 (Coronavirus), and review of Declaration of local state of disaster due to a public health emergency, March 20, 2020.  Attachment:  012KPAceao.Dsase Declaration original 3-2020.pdf    K 2050)  KERRVILLE 8.B. Authorize the City Manager to enteri into a service area agreement with Aqua Texas, and toi file  the appropriate application to amend the City's certificate of convenience and necessity with the Public Utility Commission of Texas. (This item is eligible for Executive Session 551.071).  Attachment:  0212K-Agemen./qla Texas water utility service CCN.pdf  8.C. Reappointment of Municipal Court. Judges Mark Prislovsky and M. Patrick Maguire fori two year terms to expire December 31, 2023. (This item is eligible for Executive Session 551.074.) 8.D. Resolution No. 52-2021. A Resolution casting votes of the City of Kerrville, Texas, for Kerr Central Appraisal District Board of Directors. (This itemi is eligible for Executive Session 551.074).  Attachment:  021I0.Pes0.522021 Casting votes for KCAD Directors.pdf  9  BOARD APPOINTMENTS: 9.A. Appointments to the Library Advisory Board. Attachment: 20211214_ROserLAB 12-2021.pdf  9.B. Appointments to the Recovery Community Coalition.  Attachment:  0211214Poster.RCC 12-2021.pdf  9.C. Appointments to the Planning & Zoning Commission. (This item is eligible for Executive  Session 551.074). Attachment:  20211214_Roster.P8Z12-2021.pdr  K 2050)  KERRVILLE9.D. Appointment of chair for the Tax Increment Reinvestment Zone  Board of Directors.  (TIRZ)  (This item is eligible for Executive Session 551.074).  10 EXECUTIVE SESSION:  City Council may, as permitted by law, adjourn into executive session at any time to discuss any matter listed above ift they meet the qualifications in Sections 551.071 (consultation with attorney), 551.072 (deliberation regarding real property), 551.073 (deliberation regarding gifts), 551.074 Personneloficers), 551.076 (deliberation regarding security devices), and 551.087 (deliberation regarding economic development negotiations) of Chapter 551 of the Texas Government Code. City Council also reserves the right to meet in executive session on the following issues. 10.A. Reappointment of Municipal Court Judges Mark Prislovsky and M. Patrick Maguire for two 10.B. Nominations for the Kerr Central Appraisal District Board of Directors. (551.074) 10.C. Appointments to the Planning and Zoning Commission. (551.074)  year terms to expire December 31, 2023. (551.074)  K 2050)  KERRVILLE10.D. Appointment of chair for the Tax Increment Reinvestment Zone (TIRZ) Board of Directors.  (551.074)  11 ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION, IFA ANY:  12 ITEMS FOR FUTURE AGENDAS:  City Council may suggest items or topics for future agendas.  ADJOURN.    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Kerrville Kindness Award presented to the Salvation. Army KROC Center.  AGENDA DATE OF: December 14, SUBMITTED BY: Bill Blackburn  DATE SUBMITTED: Nov12,2021  2021  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARYSTATEMENT:  A citizen or entity who has impacted the City of Kerrville in a positive way. Recipient:  KROC Center. Present award.  RECOMMENDED ACTION:    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Plodamatonrecognang the "Christmas inl Kerrville" poem author. AGENDA DATE OF: December 14, 2021 DATE SUBMITTED: Nov1 12,2021  SUBMITTED BY: Kesha Franchina  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARYSTATEMENT:  Citizens voted on their favorite poem capturing the meaning of a "Christmas in Kerrville". Citizens recognized this author's creative writing which described all the beauty, warmth,  and charm of our wonderful City. Present proclamation.  RECOMMENDED ACTION:    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITYC OF KERRVILLE, TEXAS  SUBJECT: Construction Agreement with Klecka Electric Co., Inc. for the  But-Holdsworth Memorial Library Electrical Upgrade Project in the amount  of$332,749.00.  AGENDA DATE OF: December 14, SUBMITTED BY: Kyle Burow  DATE SUBMITTED: Nov18,2021  2021  EXHIBITS: 20211214.letter_ESA Recommendation of Award Klecka Electric.pdf  Expenditure Required: $332,749.00  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $400,000.00  $400,000.00  15-22001  PAYMENT TOE BE MADE TO: Klecka Electric Co., Inc.  Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARY STATEMENT:  As part of the adopted FY2021 budget, the City consulted ESA Mechanical to assist int the replacement of the existing lighting equipment and antiquated HVAC systems in the Butt-Holdsworth Memorial Library (BHML) building. The consultant evaluated the existing HVAC system in addition to the results from an air audit performed by a third party in the summer of 2020 to identify deficiencies. The consultant completed its HVAC system analysis to incorporate the proposed lighting changes from fluorescent to LED light fixtures. After receiving bids, several bids were deficient and the remaining bids were over the budget that the City estimated for the work, thus, City Council rejected all bids at its regular meeting on August 13, 2021. In the course of reviewing bids and meeting with bidders, the City learned that some of the parts and equipment required for the HVAC portion of the project are either immediately unavailable or will be delayed in being shipped to Kerrville until approximately February 2022. Based upon the HVAC delays and immediate need for replacement, the project was divided into separate projects with a    contract awarded for the HVAC system replacement based on the emergency status. The consultant revised the plans to rebid the lighting and electrical portion of the project as a separate bid. The project was placed for advertisement, the bid opening held November 16, 2021 and one bid was received. Staff and the consultant evaluated the lone bid, Klecka Electric Co., Inc., based on the contractor's qualifications and submitted pricing and recommend awarding the project to Klecka Electric Co., Inc. for a contract amount of  $332,749.00.  REÇOMMENDED ACTION:  Authorize the City Manager toi finalize and execute a constructioncontract.    MECHANiCAL & ElECTRiCAl  INC.  ESA  ENGINEERING,  1100 NW Loop 410 . Suite 810 . San Antonio, Texas 78213 . 210-342-3483 . Fax: 210-342-3641  November 23, 2021 Kyle Burow Director of Engineering City of Kerrville  Subject: Klecka Electric Company  Dear Kyle,  We are aware that Klecka Electric Company has submitted al bid for thel Butt-Holdsworth Memorial Library Electrical Upgrade Project. Klecka Electric is an established electrical subcontractor performing work in San We are not aware of any circumstances that would preclude Klecka from performing the work for this project and  Antonio since 1989 and has worked on projects designed by ESA. have no reservations should they be awarded this contract.  Sincerely,  SpaMl Stephen Mitchell, P.E. Vice President    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Purchase of Holt Caterpillar AP600F Paver from Buy Board in an amount  not to exceed $423,520.00.  AGENDA DATE OF: December 14, SUBMITTED BY: StuartBarron  DATE SUBMITTED: Nov29,2021  2021  EXHIBITS: 20211214_Info and Quote_CAT_AP600F_Paver.pd:  Expenditure Required: $423,520  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $1,480  $425,000  18-1861-5200  PAYMENT TOE BE MADE TO: Buy! Board Contract 597-19  Kerrville 2050 Item? Yes Key Priority Area Guiding Principle Action Item  M-Mobly/Tamsporamion  M4. Place a high priority ont the maintenance of existing streets M4.2- Continue implementing the plani for street repairs, including a timeline and funding, based on the road conditions data collection and evaluation completed in 2016 SUMMARYSTATEMENT:  Due to the make and model of our current Cedarapids CR352L asphalt paver, replacement parts are becoming hard to find. Therefore the reliability of the unit is becoming sporadic. Replacement of the Cedarapids paver has become necessary- Caterpillar's AP600F Asphalt Paver comes with technology that will increase our daily productivity- The Eco-mode and automatic engine speed control reduces fuel consumption. The fast heating screed elements reduce the amount of time to start paving. The AP600F's electronics assists with grade and slope control, stabilizing the asphalt level and providing consistency throughout the paving section. The all-wheel drive power-train Possibly the most important component is the service Holt Caterpillar provides. The companyis located in San Antonio, and able to service and repair the uniti if needed.  assists while paving steep inclines throughout the City of Kerrville.    This item was approved int the Fiscal Year 2022 budget.  RECOMMENDED ACTION:  Approve purchase of Holt Caterpillar AP600F Paver from Buy Board.    Cat"  AP600F PAVER  FEATURES:  HIGH RETURN ON INVESTMENT  HIGH QUALITY RESULTS, HIGHER EARNINGS  Exclusive 70 kWi integrated generator, designed for long! life byt the same team that developed the D7E electric drive dozer Excellent turning capability, fast travel leads toi increased production Exclusive air flow design improves operating conditions for the crew and! keeps components cooler for lasting durability TECHNOLOGY THAT WORKS FOR YOU Exclusive screed heating system monitors elements for failure conditions, eliminates unnecessary replacement Cato Grade and Slope option integratedi in the tractor and screed displays for optimized operator efficiency Propel and feeder system settings transfer between stations with a Auto-fillf feeder system simplifies setup Single touch feeder system activation optimizes efficiency Automated travel feature; augers and hydraulic mainframe extensions raise with the screed, preventing damage during transport Product LinkM remotely monitors machine location, daily hours of operation, fuel consumption, fault codes, and preventative maintenance status, for optimal machine support  SE50-Series and SE60-Series screeds deliver excellent ride, density, and mat texture while providing superior adjustment, available with Tow-point utilizes exclusive linkage design for optimal screed flotation Exclusive 2-speed proportional control on the screed extenders LOW OWNING AND OPERATING COSTS Exclusive Eco-mode and Automatic Engine Speed Control, reduce fuel consumption and lower sound levels for better comfort and communication 4-pump feeder system is designed for high production in Eco-mode, leads to lower fuel consumption Million cycle switches provide reliability Conveyor bed plates and chain guards designed to minimize labor requirements and provide lower cost replacement Heating elements slide-out for easy replacement Machined screed frames simplify screed plate replacement UNMATCHED AFTER-THE-SALE SUPPORT Strategically located dealers with 24/7 support Paver Operator Training helps maximize machine performance Project consulting helps improve technique and job site management  Fast heating screed leads to more daily production, heating time in as Tamper-bars and vibration or vibration only  little as 15 minutes  single switch  In-the-Iron service  for technicians  training  Specifications: Engine - Powertrain Cat C4.4 ACERTIM Engine* meets U.S. "Enginer Cat C7.1 Engine** requirements. Engine speed maximum/minimum Eco-mode Screed heating standard width (Quiet) Screed heating w/extensions (Quick) Speed ranges: Paving with Tamper-bar screed Travel Italian Rode Homologation  Weights  129K kW 175 hp (M), 173 hp (1) AP600F Paver only shipping  29,8911 Ib 13558kg 13845kg 30,522lb 3284kg 7,239lb 3490kg 7,695lb 3400 kg 7,495lb  EPAT Tier 4Final/EU Stage IVe emission standards.  AP600F Paver only operating SE50 V Screed only SE50 VT Screed only SE60 V Screed only  151KW 205 hp (M), 202 hp (I) 2200/1000 rpm 1650 rpm 1300 rpm 1300t to 2200 rpm 76 mpm 250 fpm 25 mpm 82 fpm 16K km/hr 10 mph 14.9 km/hr 9.3 mph  "Enginer meets emissions equivalent tol U.S. EPA Tier 3,E EUS Stage IIIA, and China Stage III Operating weighti includes full fuel tank and 75k kg (165 Ib) operator.  CAT    Paver Specifications  Electrical System Starting and Charging Batteries Generator/Auxiliary, power Machine Security System Product Link System Capacities Maximum throughput capacity Hopper capacity with tunnels Fuel tank DEF (Urea) capacity- Cat 4.4 engine only Engine oil- Cat 4.4 engine Cat7.1 engine Cat7.1 engine  24-volt,115-amp alternator Two, 1000 CCA 701 KW/6.6k kW Wire-ready Wire-ready  1300 tonnes/h 1,433tph 7.1m3 278L 19.1L 13.5L 15.5L 31L 37L 219L  250f3 73gal 5gal 3.6gal 4.1gal 8gal 9.8gal 58 gal  Dimensions: Operating length with SE50V Operating length with SE50 VT Operating length with SE60V Operating width Operating height with canopy, (topo ofbeacon) Operating height without canopy Operating deck height Transport length with SE50 V, SE50VT Transport width w/SE50 w/endgates Transport width w/SE60 V w/endgates Transport height- - canopy retracted Transport height without canopy Truck entry height- manual apron Truck entry width 10 Hopper length with push-roller minimum Hopper length with push-roller maximum  6820 mm 22'5 6820 mm 22'5" 3306r mm 10'10 3989 mm 131 6720 mm 22'1" 2762 mm 9'1 3211 mm 10'6 3098 mm 10'2" 477 mm 466 mm 3194 mm 10'6" 2215 mm 7'3" 2414 mm 7'11"  6825 mm 22'5 Cooling system Cat C4.4 engine 3802 mm 12'4" Screed Specifications 1850r mm 6'1" Standard paving range:  Hydraulic tank  w/SE50V, SE50VT w/SE60V w/SE50V w/SE50VT w/SE60V 18" Extender height range 18" Crown range: SE50V SE50VT SE60V Extender slope range: SE50 V,SE60V SE50VT  2.55-5.0m 84'-16'4" 3.0-6.0m 9'10-19'6" 6.5m 8.0m 7.65m 305 mm -20 mmi to +50r mm -4%1 to +10% (total) -2%1 to +5% (per side) -4%1 to +10% (total) -3%1 to+10% -3%t0+2%  Transport width w/SE50 w/endgates folded 2550 mm 8'4: Maximum paving width:  21'4" 26'4" 25' 12"  Transport width- - w/SE60 V w/endgates folded 3000 mm 9'10"  2997 mm 9'10" Maximum paving depth  hydraulic apron  Optional Equipment Air-ride Seat w/Heat All-Wheel Drive Auger and Mainframe Extensions Ballast (front bumper) Cat Grade Controls Decelerator Pedals EcologicalWashdown. System Feeder Sensor (mechanical or sonic) Front-Wheel. Assist  Hard Top Canopy HIDI Lights Leveling Devices Lights (Working or Roading) Oscillating Push Roller Power Folding Front Apron Power Mainframe Extensions Product Link Screed Extensions  Tow-point Indicators (Upper) Truck Hitch Umbrella Up-time Kit Warning Beacon Wide Width Paving Packages Windshield w/Hard Top Canopy  Materials and specifications are: subject to change without notice. Featured machines in photos mayi include additional equipment.  4EH01856-0319-2015)  For more complete information on Cat products, dealer services, andi industry solutions, visit us ont the  web at www.cat.com 02015 Caterpillar Inc. AlI Rights Reserved.  CAT, CATERPILLAR, BUILTFORI IT, ACERT, SAFETY.CAT.COM, their respective logos, "Caterpillar Yellow" and the "PowerEdge" trade dress, as well as corporate and producti identity used herein, are  trademarks of Caterpillar and may not be used without permission.  CAT  ProductID: AP600F    SALES AGREEMENT  DATE  Nov 04, 2021 Agreement Number 273293  HOLT CAT  HOLTTEXAS LTD., 5665 Southeast Loop 410, San Antonio, TX78222 Phone: (800)275-4658  CUSTOMER STREETA ADDRESS 701 MAIN CITY/STATE CODE POSTALO CUSTOMER CONTACT: EQUIPMENT INDUSTRY CODE: LOCAL GOVERNMENT (PS93) CUSTOMER 0265550 NUMBER PAYMENT TERMS: CASHWITHORDER MAKE: TBA IDNUMBER: TBA CATERPILLAR AP600F QP1 PUSH ROLLER, OSCILLATING AUGER 18" EXTENSION PER SIDE ADAPTER, VIBE SCREED PAINT, STANDARD, ANSI/ISO TANK, WASHDOWN ENGINE, TIER 4F EPA/STG IV EU LIGHTS, WORKING SENSOR, FEEDER, SONIC VENTILATION SYSTEM, NO CANOPY CYLINDER KIT, STANDARD INSTRUCTIONS, NORTH AMERICAN PANEL, POWER SUPPLY LIGHT, HAZARD CONTROL, BASE CAT GaS SYSTEM MODEL: PAYOUT TO:. MODEL: PAYOUT TO: MODEL: PAYOUT TO: MODEL: PAYOUT TO:  CITY OF KERRVILLE KERRVILLE, TX 78028  CITY OF KERRVILLE 600 HAYS STREET, KERRVILLE TEXAS, KERR  COUNTYICOUNTRY KERR, UNITED STATES PHONENO. 830 257 8000 PRINCIPAL WORKCODE GOVERNMENT(A30)  620Hays St Kerrvile, 1X78028 LKE(Yes/No) Net3 30  BRANDON KELLY 830 739 3792  PRODUCTS SUPPORT BRANDON KELLY 830739_3792  F.O.B.AT: San Antonio Machine Division SHIPVIA: HOLT Arranged TBD CSC LEASE  Sales TaxE Exemption* #( (ifa applicable)- TYPE: Governmental CUSTOMERI PONUMBER  TX MUNICIPALITY  (Payment Terms ares subject toFinance Company- OAC approval)  NETF PAYMENT ONR RECEIPTO OFI INVOICE E NET OND DELIVERY -  FINANCIAL SERVICES  N/A BALANCE TOFINANCE  0.00 CONTRACT INTEREST RATE N/A RELEASE NUMBER GOVT  DESCRIPTION OFE EQUIPMENT ORDEREDI PURCHASED MODEL: AP600F SERIAL NUMBER: TBA 424-9178 SENSOR, SLOPE 488-9800 SENSOR, GRADE, SONIC 438-6252 GUIDE, STEERING 433-6621 INDICATOR, TOW POINT 567-0751 KIT, UPTIME 435-0914 HOSE, REEL WITH WAND 424-9229 SCREED, SE50 V 424-0927 CYLINDER KIT, STANDARD 416-1467 FILM GP Us 433-7574 EXT, POWER FOR MANUAL ENDGATE 433-7564 PRODUCT LINK, CELLULAR PL641 424-9180 COMMISSIONING, NOT NEEDED 416-2013 HITCH, HYD PREP, TRACTOR 198-8284 HEATER, ENGINE COOLANT, 120V 416-2003 DRIVE TIRE, SAND RIB TRADEINEQUIPMENT  YEAR: TBA SMU: TBA 362-8687 KIT, ANGLED DEFLECTOR 416-2006 VISORS, DISPLAY, TRACTOR 273-9969 FLASHING, SIDE 435-1067 HEATER, ENDGATE 458-4087 VISORS, DISPLAY 463-6563 CONTROL, PENDANT 428-4845 MOUNT, SWIVEL CONTROLS 437-0067 ENDGATE, ADJUSTABLE CRANK 449-8858 APRON, STR HYD FOLD 450-6610 DRIVE, ALL WHEEL 462-0803 PEDALS, DECELERATOR OP-2587 FLASHING, STR HYD FOLD 433-7570 SEAT, VINYL, BASIC 477-9916 UMBRELLA, CAT 424-9220 UMBRELLA, SCREED OPERATOR (2) TERMS OF SALE SALE PRICE EXT WARRANTY SUB TOTAL TOTAL PURCHASE PRICE  493-3538 490-4132 460-2967 490-1681 467-0083 473-3322 480-7055 538-9613 565-4372 433-7563 416-1453 567-5057 484-7546 187-6649 467-4275 $423,520.00 Included $423,520.00 $423,520.00  YEAR: AMOUNT YEAR: AMOUNT YEAR: AMOUNT YEAR: AMOUNT  SN.: PAIDBY:. SN.: PAIDBY: PAIDB BY: SN.: PAIDBY:. ITT TOBEF FREE ANDO CLEAR OF ALL CLAIMS,  BUY BOARD CONTRACT 597-19  ALLT TRADE-INS ARES SUBJECT TOE EQUIPMENTI BEINGI IN" "ASI INSPECTED CONDITION"E BYI HOLTATT TIME OFD DELIVERY. CUSTOMER  HEREBY SELLS THET TRADE-INE EQUIPMENTI DESCRIBEDA ABOVET TOH HOLT ANDV HOLTISNOTA ANDA AGREES THAT: (1)ANYE OF EXPRESS THE EQUIPMENT. WARRANTIESE ALTHOUGH BY1 THEN HOLT! MANUFACTURERE MAY  LIENS. MORTGAGES ANDS SECURITYI INTERESTE EXCEPT AS SHOWNA ABOVE.  DISCLAIMER OF WARRANTIES ANDV WAIVER OF CLAIMS: NOT COVEREDE BY THEN MANUFACTURERS) WARRANTY.  WARRANTIES ISSUEDE BY THEN MANUFACTURER, CUSTOMER/ ACKNOWLEDGES EQUIPMENT WARRANTY  MANUFACTURERS WARRANTY CONTAINS LIMITATIONS ANDC CUSTOMERA MAY! INCURO FOR CERTAINE THEE EQUIPMENT REPAIR, TRANSPORTATIONG AREN NOT THEF RESPONSIBILITY ORC OTHER OFH HOLT; BY AND HOLT (2)1 WHICHA THE. ARE Customer acknowledges that he has ORIMPLIED. AST TOCONDITION, COMPLI IANCE WITH SPECIFICATIONS ORF REGULATIONS, QUALITY, DURABILITY, SUITABILITY, REPRESENTATIONG ORI WARRANTY, EXPRESS used equipmenti is solda as is wherei is and ANY DAMAGES (WHETHERC ORDINARY, SPECIAL ORF PUNITIVE) ARISING FROMA ANY FAILURE OF THEE EQUIPMENT TO OPERATE ORT EQUIPMENT. THEF FAULTY HOLTI OPERATION IS NOTI LIABLEF OF1 FOR specifiedh herein. AGREEMENT ANDA AREI INCORPORATEDI HEREIN VERBATIMF FOR/ ALL PURPOSES PLEASE REVIEW SUCH OTHERT TERMSA ANDO CONDITIONSE ANI BEFORE IMPORTANT SIGNING PART THIS OFT THIS HYDRAULICS TECH  received a copy of any warranty and has read and understood said warranty. AII FITNESS FOR USE OR nov warrantyi is offeredo ori impliede except as THE 12 Month/Unlimited Hours Total Machine AP600-60 MO/3500 HR POWERTRAIN INITIAL SIGNEDBY B.A.K. CSA:  HOLT,BYV VIRTUE OF HAVINGS SOLDI THEE EQUIPMENT UNDERI THIS AGREEMENT, HAS NOT MADEA AND DOESN NOTI MAKE ANY FITNESSF FORA APARTICULARF PURPOSE, ORA ANY OTHERV WARRANTY WHATSOEVER EXPRESS ORI IMPLI IED, WITHF RESPECT TO MERCHANTABILITY. THE ADDITIONAL: TERMS ANDO CONDITIONS SET FORTH ON THEF REVERSE SIDE HEREOF ORA ATTACHED! HERETO( (ASA APPLICABLE) CONSTITUTE THESE TERMSA ANDO CONDITIONS SUPERSEDE ALL OTHERT TERMSA AND CONDITIONS PRESENTEDB BY OR1 TOCUSTOMERUNLESS:  EQUIPMENT, ORT THEI INSTALLATION, OPERATION, REPAIRO ORU USE OFT THEE EQUIPMENT.  OTHERI TERMS AND CONDITIONS AGREEMENT.  INA ADOCUMENT  ANAUTHORIZEDF REPRESENTATIVE OFB BOTHF PARTIESA AND CONTAININGI REFERENCE1 TOT THIS SALES ORDERA AGREEMENT.  NOTES:  THIS AGREEMENT IS SUBJECT TOT THET TERMS AND ÇONDITIONS ATTACHED  DateNov 04, 2021 Kenneth Powell(220)  Date_ 1-4-2021 CITY OF KERRVILLE  ORDERR RECEIVEDBY SALESN MANAGER SIGNATURE TITLE  ACUPOWEIZ 11-04-21  XBaandon AKelly 1/04/202/ Assistant Street Division Manager  SIGNATURE TITLE  Page: 1    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Amendment to the Fiscal Year 2021-2022 Kerrville /H Kerr County Airport  Budget as proposed by the Joint Airport Board.  AGENDA DATE OF: December 14, SUBMITTED BY: Julie Behrens EXHIBITS: Budget Amendment 1.pdf  DATE SUBMITTED: Dec02,2021  2021  Committing Funds August 204L.115202145754P01  Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARY STATEMENT:  The Kerrville / Kerr County Airport Board approved a budget amendment committing available fund balance of $432,000 to the completion of an upgrade and repair project related to the Brinkman Hangar. Insurance proceeds make up $279,561 of this commitment. Remaining funds will come directly from fund balance. This project was started in FY2021 and was expected to be completed during FY2021, which is why it was not included in the original FY2022 budget. There is no impact to the FY2022 budgets of either the City or the County. This is merely completion of a project not completed in FY2021. Per the interlocal agreement #2021-53 between the City and the Kerrville / Kerr County Airport, the airport must request a budget amendment if budgeted funds exceed 10% of the total budget. The construction contract was presented to council as item 4F on consent agenda on December 8, 2020. The item was approved at that time. This will  reallocate unspent funds.  RECOMMENDED ACTION:  Approve Kerrville. /Kerr County Airport Budget Amendment.        Kerrville-Kerr County Joint Airport Board  Kerrville, Texas  AF RESOLUTION COMMITTING AVAILABLE FUND BALANCE OF $432,163 IN ACCORDANCE WITH STATEMENT NO.! 54 OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD. A. WHEREAS, the objective of Statement No. 54 of the Governmental Accounting Standards Board, Fund Balance Reporting and Governmental. Fund Type Definitions, ("GASB 54")ist to improve the usefulness, including the understandabilty, of governmental fund balance information by providing more clearly defined categories to make the nature and extent oft the constraints placed on a government's fund balance more transparent; and B. WHEREAS, GASB 54 provides that governmental funds should be reported in classifications that comprise al hierarchy based primarily on the extent to which the government is bound to honor constraints on the specific purposes for which amounts in those funds can be spent; and C.V WHEREAS, those fund balance classifications identified in GASB 54 (generally from the highest to lowest level of constraint) are: Nonspendable, Restricted, Committed, Assigned and D.WHEREAS, the Kerrville-Kerr County Joint Airport Board is the highest level of decision making authority fori the airport and has the authority to commit, assign, and evaluate fund balance classifications andi identify the intended uses of committed or assigned funds; and E. WHEREAS, GASB. 54 provides that formal action oft the government's highest level of decision-making authority that commits fund balance to a specific purpose should occur prior F. WHEREAS, the Kerrville-Kerr County Airport has contracted with JKBernhard ("JKB") to repair and upgrade the damaged Brinkman Hangar doors located at 1815 Airport Loop int the amount of $575,435 (including bonding fees and approved Change Order 1 with. JKB). In addition, additional costs of up to $40,000 are anticipated at this time, consisting of an estimated $12,000 for aircraft storage for five aircraft during construction for up to ten weeks, additional structural steel support for doors $20,000 and $8,000 for miscellaneous repairs to walls and insulation, bringing thet total estimated cost of repair and upgrade of Brinkman Hangar to  Unassigned, and;  tot the end oft the reporting period; and  $615,435 (i.e., $575,435 plus $40,000), and;  G.WHEREAS, the Kerrville-Kerr County Airport has received insurance proceeds of $183,272 to date (net of a depreciation hold back of $96,289) and therefore expects that upon completion and receipt of the related insurance holdback, to receive at total of $279,561 in insurance  proceeds related to this Brinkman repair and upgrade project, and;  .    NOWT THEREFORE BE ITI RESOLVED that KERRVILLE-KERR COUNTY JOINT AIRPORT BOARD has determined that total estimated costs of $432,163 on the Brinkman Hangar repair and upgrade project (i.e., the amount that exceeds the total estimated insurance received to date of $183,272) willl bei funded from its fund balance, and any amounts that remain unpaid from time to time within this estimate, should be reflected as Committed fund balance in the airport's  financial statements in accordance with GASB! 54.  The funds designated herein as Committed cannot be used for any other purpose other than directed above, unless the KERRVILLE-KERR COUNTY JOINT AIRPORT BOARD adopts another  resolution to remove or change the constraint. PASSED AND APPROVED ont the 35_dayof  2024 by the KERRVILLE-KERR  COUNTY. JOINT AIRPORT MARKI MOSIER, President/ 16h1  lug  BOARD  AIA STEPHEN SCHMERBECK, Vice President TREY ATKISSION, Board Member YALL lu FE SCOTT SCHELLHASE, Board Member  JOHN MAJOR, Board Member  V    $183,272) willl bet funded fromi itsf fund balance, and any amounts that remain unpaid from time tot time within this estimate, should be reflected: as Committed fund balance int the airport's The funds designated herein as Committed cannot, be used for any other purpose othert than directed above, unless the KERRVILLE-KERR COUNTY. JOINT AIRPORT BOARD: adopts another PASSED AND/ APPROVED! on the 25dayo yot lug 202 byt the KERRVILLE-KERR  financial statements in accordance with GASB5 54. resolution toi remove: or change the constraint.  COUNTY JOINT AIRPORT BOARD MARK: MOSIER, President)  STEPHENSCHMERBECK, Vice President YAIL TREYATKISSION/Boardh Member Ns MS SCOITSCHELUHASE, Board Member JOHNMAOR,Board) Member Saas    KERRI TEXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Minutes for the City Council workshop held November 09,2 2021.  AGENDA DATE OF: December 14, SUBMITTED BY: Shelley McElhannon  DATE SUBMITTED: Nov12,2021  2021  EXHIBITS: 02124mnutes.couna workshop 11-09-214 4pm.pdf  Expenditure Required: 0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: 0  0  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMAR/STATEMENT:  Minutes for the City Council workshop held November 09, 2021 at 4:00 p.m. ini the City! Hall  Council Chambers.  RECOMMENDED ACTION:  Approve minutes as presented.    CITY COUNCIL WORKSHOP MINUTES  NOVEMBER 09, 2021 4:00 PM  CITY HALL COUNCIL CHAMBERS, 701 MAIN STREET  KERRVILLE, TEXAS  CALL TO ORDER: On November 9, 2021 at 4:00 p.m., the City Council workshop was called to order by Mayor Bill Blackburn att the City Hall Council Chambers, 701 Main Street.  COUNCILMEMBERS PRESENT: Bill Blackburn, Mayor Kim Clarkson, Mayor Pro Tem, Councimember Place 2 Roman Garcia, Councimember Place 1 Judy Eychner, Councilmember Place 3 Brenda Hughes, Councimember Place 4 COUNCILMEMBER ABSENT: None CITY STAFF PRESENT: Shelley McElhannon, City Secretary  Kim Meismer, Executive Director for General Operations  VISITORS PRESENT:  Mark Prislovsky, Municipal Court Judge M. Patrick Maguire, Municipal Court Judge 1. PUBLIC COMMENT: N/A  Councimember Roman Garcia made a motion that the City Council adjourn into closed executive session under 551.074 personnelloficers), and Councimember Kim  Clarkson seconded. The motion passed 5-0.  Mayor Blackburn convened closed executive session at 4:01 p.m.  2. EXECUTIVE SESSION:  2A. Evaluation of Municipal Court. Judges, to include Mark Prislovsky (551.074). The closed executive session adjourned, and Council returned to open session at 5:05 Councimember Clarkson made a motion that the City Council adjourn into closed executive session under 551.074 personnelomicers), and Councilmember Brenda  p.m. No action was taken during executive session.  Hughes seconded. The motion passed 5-0.  Mayor Blackburn reconvened closed executive session at 5:05 p.m.  The closed executive session adjourned, and Council returned to open session at 5:30 4. ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION IF ANY: N/A  p.m. No action was taken during executive session.  ADJOURN. The workshop adjourned at 5:30 p.m.    APPROVED BY COUNCIL:  ATTEST:  Bill Blackburn, Mayor  Shelley McElhannon, City Secretary    KERRI TEXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Minutes fori the City Council meeting held November 09, 2021.  AGENDA DATE OF: December 14, SUBMITTED BY: Shelley McElhannon  DATE SUBMITTED: Nov12,2021  2021  EXHIBITS: 02124mnutes.coundt meeting 11-09-216 6pm.pdf  Expenditure Required: 0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: 0  0  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARYSTATEMENT:  Minutes for the City Council meeting held November 09, 2021 at 6:00 p.m. ini the City Hall  Council Chambers.  RECOMMENDED ACTION:  Approve minutes as presented.    OCITY COUNCIL MINUTES REGULAR MEETING  KERRRVILLE, TEXAS NOVEMBER 09, 2021 6:00 PM  On November 09, 2021 at 6:00 p.m., the City Council meeting was called to order by Mayor Bill Blackburn at the City Hall Council Chamber, 701 Main Street. Councilmember Brenda Hughes introduced Jeff Talarico, who provided the invocation and led the Pledge of Allegiance.  COUNCILMEMBERS PRESENT:  Bill Blackburn Kim Clarkson Roman Garcia Judy Eychner Brenda Hughes  Mayor  Mayor Pro Tem, Councilmember Place 2  Councimember Place 1 Councilmember Place 3 Councimember Place 4  COUNCILMEMBER ABSENT: None CITY EXECUTIVE STAFF: E.A. Hoppe, City Manager Mike Hayes, City Attorney Shelley McElhannon, City Secretary Stuart Barron, Director of Public Works Stuart Cunyus, Public Info Officer  Eric Maloney, Fire Chief Chris McCall, Chief of Police Kim Meismer, Exec Director General Ops Drew Paxton, Chief Planner Charvy Tork, Director Info Technology  VISITORS PRESENT: A list of the citizen speakers present during the meeting is on file  in the City Secretary's Office for the required retention period.  Mayor Blackburn provided meeting protocols.  1. ANNOUNCEMENIS OF COMMUNITY INTEREST: Items of interest to the community were presented by Stuart Cunyus, Councimember Roman Garcia, and  Councilmember Judy Eychner. 2. PRESENTATIONS:  2A. Kerrville Kindness Award presented to the Hill Country Dental Association. Mayor Blackburn presented the Kerrville Kindness Award to the Hill Country Dental Association, represented by Dr. Jimmy Bone, Dr. Jamie Bone, and staff.  2B. Commendations for outgoing Board members.  Mayor Blackburn recognized Mary Elaine Jones, Anne Overby, and Michael Wellborn for serving on the Main Street Advisory Board; Janice Andersen and Melba Maring for serving on the Senior Services Advisory Committee; and Mike Asmus for serving on the Zoning  Board of Adjustment. 3. VISITORS FORUM: The following persons spoke: Stephanie Cash George Baroody R.M. Tear    Bruce Stracke James Wright 4. CONSENT AGENDA:  Councilmember Roman Garcia requested to pull items 4A and 4B. Councimember Eychner made a motion to accept the consent agenda items 4C and 4D as presented, and  Councimember Hughes seconded. The motion passed 5-0. 4C. Minutes for the City Council workshop held October 26, 2021. 4D. Minutes for the City Council meeting held October 26, 2021.  END OF CONSENT AGENDA.  4A. Contract with Bureau Veritas to create a new parcel base mapi for the City of Kerrville, based on plat and deed information where available, for the amount of $82,000.  Charvy Tork provided information and responded to questions.  Councimember Garcia made a motion to authorize the City Manager to finalize and execute the contract, seconded by Councilmember Eychner. The motion passed 5-0. 4B. Rejection of all bids for the Water Street Waterline Improvement project. Stuart Barron provided information and responded to questions.  Councilmember Garcia made a motion to reject all the bids, seconded by Councilmember  Brenda Hughes. The motion was passed 5-0. 5. PUBLIC HEARINGS AND RESOLUTIONS:  5A. Resolution No. 50-2021. AI Resolution grantinga a Conditional Use Permit to authorize a Short Term Rental Unit on the property comprising Lot 2 and part of Lot 3, Block 26, Westland Place, and more commonly known as 516 Florence Street; said property is located within a Single-Family Residential with Accessory Dwelling Unit Zoning District (R-  1A); and making said permit subject to conditions and restrictions. Shelley McElhannon read Resolution No. 50-2021 caption into record. Drewl Paxton presented information and responded to questions. Mayor Blackbum opened the public hearing at 6:34 p.m. Mayor Blackbur closed the public hearing ate 6:34 p.m. Councilmember Eychner. The motion passed 5-0.  No one spoke.  Councilmember Hughes made a motion to approve Resolution No. 50-2021, seconded by 5B. Resolution No. 51-2021. Al Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property comprising Lot 3 and part of Lot 4, Block 8, Hill Crest Addition, and more commonly known as 1008 Tivy; said property is located within a Single-Family Residential Zoning District (R-1); and making said permit subject to  conditions and restrictions.  Shelley McElhannon read Resolution No. 51-2021 caption into record.    Drew Paxton was in attendance to present information and responde to questions.  Mayor Blackbur opened the public hearing at 6:35 p.m.  The following persons spoke: George Baroody Bruce Stracke Mike Sigerman Kelly Barker  Mayor Blackbur closed the public hearing at 6:44 p.m. by Councilmember Hughes. The motion was passed 5-0  Councilmember Eychner made a motion to approve Resolution No. 51-2021, seconded  6. BOARD APPOINTMENTS:  6A. Appointment to the Building Board of Adjustment and Appeals. Shelley McElhannon read item 6A caption into record.  Councilmember Garcia advised that applicants Mike Asmus and Steve Van Patton do not meet Board member qualifications. Council requested to table this item and re-publicize  the vacancies.  6B. Appointment to the Food Service Advisory Board. Shelley McElhannon read item 6B caption into record.  Councilmember Eychner moved to reappoint Marcus Willis, and appoint Anthony Howard and Larry Wray as regular members, seconded by Councilmember Garcia. This motion  was approved 5-0.  7. CONSIDERATION AND POSSIBLE ACTION: for Kerr Central Appraisal District Board of Directors.  7A. Resolution No. 52-2021. A Resolution casting votes of the City of Kerrville, Texas, Shelley McElhannon read item 7A caption into record. Mike Hayes provided information, Councilmember Eychner moved to equally spread all votes amongst all seven nominees. This motion failed for lack of second. E.A. Hoppe clarified the deadline. City Council tabled item and directed staff to list on December 14, 2021 in Executive Session. 7B. Citizen requested agenda item: (A discussion to determine when the next Kerrville General Election shall be prescribed to be held to elect the Mayor, Place Three and Place Four oft the City Council) citizen George Baroody, sponsored by Councimember Roman Garcia. Citizen George Baroody presented information and responded to questions.  and Mike Hayes and Shelley McElhannon responded to questions.  Shelley McElhannon read item 7B caption into record.  The following persons spoke: Bruce Stracke Michael Sigerman    Mayor Blackburn made a recommendation to move forward to the next item. Councilmember Garcia requested further discussion, and discussion with the City Attorney. The City Attorney requested clarification from Council before proceeding that discussion will continue in open session, and if Council seeks a legal opinion. Mayor Blackburn made a motion to move forward to the next item, seconded by Councimember 7C. Amendments to Procedural Rules for Meetings - Kerrville City Council.  Clarkson. The motion was passed 5-0.  Shelley McElhannon read item 7C caption into record.  Discussion ensued among Council. The following person spoke: Nikki Caines  Mayor Blackburn made a motion to move this item to a workshop, seconded by Councilmember Clarkson. The motion passed 3-2 with Mayor Blackburn, Councimember Clarkson, and Councimember Hughes voting in favor, and Councimember Garcia and  Councilmember Eychner opposed. 8. ITEMS FOR FUTURE AGENDAS: N/A  Councimember Eychner moved to convene into closed Executive Session under 551.074 of Chapter 551 of the Texas Government Code, seconded by Councimember Clarkson. This motion was approved 5-0. Mayor Blackburn convened closed Executive Session at7 7:34 p.m.  9. EXECUTIVE SESSION:  9A. Evaluation of Municipal Court Judges, to include M. Patrick Maguire.  Mayor Blackburn closed the executive session and reconvened in open session at 7:49 10. ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION: N/A  p.m. No action was taken during Executive Session.  ADJOURN. The meeting adjourned at 7:49 p.m.  APPROVED BY COUNCIL: APPROVED:  ATTEST:  Bill Blackburn, Mayor  Shelley McElhannon, City Secretary    KERRI TEXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Minutes for the City Council workshop held November 16,2 2021.  AGENDA DATE OF: December 14, SUBMITTED BY: Shelley McElhannon  DATE SUBMITTED: Nov12,2021  2021  EXHIBITS: 02124mnutes.couna workshop 11-16-21 10am.pdf  Expenditure Required: 0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: 0  0  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARYSTATEMENT:  Minutes for the City Council workshop held November 16, 2021 at 10:00 a.m. in the City  Hall Council Chambers.  RECOMMENDED ACTION:  Approve minutes as presented.    CITY COUNCIL MINUTES WORKSHOP, COUNCIL CHAMBERS  NOVEMBER 16, 2021 10:00 A.M. KERRVILLE, TEXAS  CALL TO ORDER: On November 16, 2021, at 10:00 a.m., the Kerrville City Council workshop was called to order by Mayor Bill Blackburn ini the City Hall Council Chambers,  701 Main Street. Bill Blackburn Kim Clarkson Roman Garcia Judy Eychner Brenda Hughes  COUNCILMEMBERS PRESENT:  Mayor  Mayor Pro Tem, Councilmember Place 2  Councimember Place 1 Councimember Place 3 Councimember Place 4  COUNCILMEMBER ABSENT: None CITY STAFF PRESENT: E.A. Hoppe Mike Hayes Shelley McElhannon City Secretary Julie Behrens CITIZENS PRESENT: required retention period. 1. PUBLIC COMMENTS: No citizen provided public comment.  City Manager City Attorney CFO  Guillermo Garcia, Exec Dir Innovation Eric Maloney, Fire Chief Chris McCall, Police Chief Charvy Tork, Director IT  Citizen speaker information sheets are on file in the City Secretary's Office for the  2. CONSIDERATION AND POSSIBLE ACTION: 2.A. Public Safety Communications Infrastructure project.  E.A. Hoppe introduced the item. Charvy Tork, Chief McCall, and Chief Maloney presented information, and E.A. Hoppe, Charvy Tork, Chief McCall, Chief Maloney, and  Julie Behrens responded to questions. No action from City Council.  ADJOURN.  The meeting was adjourned at 10:58 a.m. APPROVED BY COUNCIL: APPROVED:  ATTEST:  Bill Blackburn, Mayor  Shelley McElhannon, City Secretary    YOUR VOICE YOUR CITY K KERRVILLE  KERR TEXAS  TOBE CONSIDERED BY THE PLANNING AND ZONING COMMISSION CITYC OF KERRVILLE, TEXAS  SUBJECT: Resolution No. 53-2021. A Resolution granting a Conditional Use Permit to  authorize a short-term rental unit on the property comprising Lot 8, Block C, Cage Addition and more commonly known as 820 Robinson Avenue; said property is located within a Single-Family Residential with Accessory Dweling Unit Zoning District (R-1A); and making said permit subject to  conditions and restrictions.  AGENDA DATE OF: December 14, 2021 DATE  Dec 03, 2021  SUBMITTED:  SUBMITTED BY: Drew Paxton  EXHIBITS: 20211214.Resolution 53-2021_CUP 820 Robinson STR.pdf  Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item Proposal  N/A N/A N/A  SUMMARY STATEMENT:  A resolution to allow a Conditional Use Permit for Short Term Rentals on Lot 8, Block C,  Cage Addition; and more commonly known as 820 RobinsonAve.  Procedural Requirements  The City, in accordance with state law, mailed 36 letters on 10/21/2021 to adjacent property owners. The City published a similar notice in the Kerrville Daily Times on 10/14/2021. At the time of drafting this Agenda Bill, no comments had been received.  Staff Analysis and Recommendation Adjacent Zoning and Land Uses: Subject Property  Current Zoning: R-1A Single Family Residential with Accessory yDwelling    Existing Land Use: Single Family Residences Direction: North, South, West, East  Current Zoning: R-1A Single Family Residential with Accessory Dwelling  Existing Land Uses: Single Family Residences Consistencywith the Kerrville 2050 Comprehensive Plan:  The subject property and surrounding area are designated as Transitional Residential. Since the underlying zoning is not changing for the subject property, the request is  consistent with the Kerrville 2050 Comprehensive Plan. The subject property is located on a residential street.  Thoroughfare Plan: Traffic Impact: Parking:  No traffic impact is anticipated.  A Short Term Rental requires one (1) off street parking space per bedroom and one (1) additional off street parking space for a manager, if the manager does not live onsite. This property has three (3) separate dwellings: main house with three (3) bedrooms; guest house with three (3) bedrooms; a duplex with two (2) two (2) bedroom units. The combined dwellings require ten (10) off-street parking spaces for bedroom count and one (1) additional space for a manager since the manager is not living onsite. The applicant has identified twelve (12) available off-street parking spaces, meeting the off-street  parking requirement. Case Summary: Term Rentals.  The applicant is proposing to use a property with three existing dwelling units as Short The subject property is located within an R-1A zoning district. As such, a Short Term The applicant has identified the following amenities as in close proximity to the proposed Short Term Rental: This location is within walking distance to Tivy Street and lends to an easy route to Water Street and the downtown district for shopping, dining, and entertainment. This location is also within walking distance to Sidney Baker Street, offering  Rental requires a Conditional Use Permit.  additional retail opportunities. Recommendation:  Because the Conditional Use Permit request is consistent with the Kerrville 2050 Comprehensive Plan, will meet all zoning regulations, and there are numerous amenities in    close proximity to this proposed Short Term Rental location, staff recommends approval withconsideration and inclusion oft the attached Proposed CUP Conditions.  Proposed CUP Conditions for Short Term Rental  A. Guest Notification: The owner or operator of the Property shall post "Guest Notification" in a conspicuous place within the rental unit on the Property. Guest B. Occupancy Taxes: The owner or operator of the Property shall comply with the City's occupancyt taxrequirements as found within Ch. 94, Division II, of the City's Code of C. Sign: The Property may not use more than one non-illuminated, on-site sign, in conjunction with its Short Term Rental unit. The sign may either be: (i) flush-mounted to one of the residential structures and may not exceed one-square foot in size; or, (ii) freestanding and placed int the front yard but no closer than 20 feet to any property line and not exceeding six square feet in size and three feet in height. Any such sign shall comply D. Minimum Off-Street Parking: One space per bedroom, plus parking required for the E. Maximum Occupancy: The maximum occupancy for any Short Term Rental is ten (10) guests. Short term rental owner / operator may set occupancy limits at less than ten (10)guests, however, in no case shall occupancy limits exceed ten (10)guests. F. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth in the Zoning Code, as may be amended or superseded. Int the event of any irreconcilable conflict between this Resolution and the regulations set forth in  Notification is shown on the following page.  Ordinances.  with the City's Sign Code. manager, ifliving off-site.  the Zoning Code, the provisions oft this Resolution will prevail.  RECOMMENDED ACTION:  Approve Resolution No. 53-2021.    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 53-2021  ARESOLUTION GRANTING A CONDITIONAL USE PERMITTO AUTHORIZE A SHORT-TERM RENTAL UNIT ON THE PROPERTY COMPRISING: LOT 8, BLOCK C, CAGE ADDITION AND MORE COMMONLY KNOWN AS 820 ROBINSON AVENUE; SAID PROPERTY IS LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL WITH ACCESSORY DWELLING UNIT ZONING DISTRICT (R-1A); AND MAKING SAID PERMIT SUBJECT TO  CONDITIONS AND RESTRICTIONS  WHEREAS, the owner of the property known as 820 Robinson Avenue and graphically depicted on the location map and site plan found at Exhibit A (the Property"), said exhibit being attached hereto and made a part hereof for all purposes, is requesting approval of a Conditional Use Permit ("CUP") to authorize a short-term rental unit on the Property, which is located within a Single-Family Residential with  Accessory Dwelling Unit Zoning District (R-1A); and  WHEREAS, the City Planning and Zoning Commission (the Commission'), in compliance with state law and the Zoning Code oft the City ofKerrville, Texas (Chapter 60, Codec ofOrdinances) ("Zoning Code"), and: inj particular, the procedures for obtaining a CUP; having given the requisite notices by United States mail, publication, and otherwise; and after holding a public hearing and affording a full and fair hearing to all property owners generally and particularly to those interested persons situated in the affected area and in the vicinity thereof, has recommended that City Council grant the CUP applied for and referenced herein, subject to the special conditions and  restrictions set out hereinafter and applied to the Property; and  WHEREAS, City Council, in compliance with state law and the Zoning Code, and likewise having given the requisite notices and holding a public hearing on December 14, 2021, finds that the health, safety, and general welfare will be best served by the granting oft the CUP as recommended by the Commission and referenced  herein on the Property;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SECTION ONE. A Conditional Use Permit is granted to permit the Property described as follows, and located within a Single-Family Residential with Accessory Dwelling Unit Zoning District (R-1A), to be developed and used for a Short-Term Rental Unit ("STRU") as that term is defined in and pursuant to the Zoning Code, such use subject to the provisions of this Resolution and other City ordinances and  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  regulations:  Legal Description: comprising Lot 8, Block C, Cage Addition, a subdivision of Kerr County and the city of Kerrville, and being depicted on the location map and site    plan found at Exhibit A.  General Description: 820 Robinson, Kerrville, TX  78028.  SECTION TWO. In addition tot the development: tand use regulations currently applicable to the Property, development and use of the Property is subject to the A. Guest Notification: The owner or operator of the Property shall post a "guest notification" in a conspicuous place within the rental unit on the Property, said  following additional conditions:  notification attached as Exhibit B.  B. Occupancy Taxes: The owner or operator of the Property shall comply with the City's occupancy tax requirements as found within Ch. 94, Division III, of  the City's Code of Ordinances.  C. Sign: The Property may not use more than one non-luminated, on-site sign, in conjunction with the STRU. The sign may either be: (i): flush-mounted to one of the residential structures and may not exceed one-square foot in size; or, (ii) freestanding and placed in the front yard but no closer than 20 feet to any property line and may not exceed six square feet in size and three feet: in height.  Any such sign shall comply with the City's Sign Code.  D. Parking: The Property must include at a minimum, one (1) off-street parking space per bedroom, plus an additional space for the manager, if E. Maximum Occupancy: The Property is subject to a maximum occupancy of ten (10) guests, which may be lower per rules set by the owner or  living off-site.  operator.  F. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth in the Zoning Code, as may be amended or superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this SECTION THREE. This Resolution and the CUP granted herein are subject SECTION FOUR. City Council finds and determines that its adoption of this Resolution promotes the health, safety, and general welfare of the public and is a  Resolution will prevail.  to termination in accordance with the Zoning Code.  Page 2 of3  Reso. No. 53-2021    proper valid exercise of the City's police powers.  SECTION FIVE. Ifany section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining  portions thereof.  SECTION SIX. This Resolution is effective upon adoption.  PASSED AND APPROVED ON this the.  day of  A.D., 2021.  Bill Blackburn, Mayor  ATTEST:  Michael C.  City Attorney  Shelley McElhannon, City Secretary  ZEEE  TNLNDEVELOPMENTS Pmi-aAcurshart Term RentalUniShort? TermRentalUniu.s  Page 3 of3  Reso. No. 53-2021    EXHIBIT A 918  915  825 820  1848 840  912 916  349 845  819 817  820 818 812  987  920 917  821 813 932 940 944 1G 940 800 945 53 716 70 944 707 952 703 960 64  65  0U  841 835 830  U  840  821 813 809 805  845  0016  816 820 812 808  1000  982  925  02 1020 02;  938 937 940 945 53  720  805 29 727 1010  801  80  604 613 609 605  0001  5 1608  Location Map Case # PZ-2021-22 820 Robinson Avenue  Legend  W  Location:  200' Notification Area Subject Properties  75 150 Scale In Feet  300  This producti is fori informational purposes andi may not! have been prepared for orb be suitable forl legal, engineering, ors surveying purposes. Itdoes not  represent and on-the-ground: survey andr represents only approximate relative locations.    EXHIBIT A  820 Robinson Property Map-Hybrid  Duplex (2:2/1s)  Parking 8 spots  Guest House (3/2)  Parking-4sDs  MaintHouse (3/2)  823  821  810  813  800  9/3/2021, 1:03:50 PM Tax Parcel  1:564 0 0 0.01 0.01 0.01  0.02mi 0.021 km  Kerrville Site Address Point  3 City Limit  Esri Community Maps Contributors, Cityo of Kerville, Texas Parks & Wildlife, CONANP, Esri, HERE, Garin, e OpenStreetMap contributors, Microsoft, SafeGraph, INCREMENT P, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, City ofk Kerrville, City ofK Kerrville, KPUB, Maxar, Microsoft  WebA AppBuilder for ArcGIS    EXHIBITB  0 KERR  SHORT TERM RENTAL CONDITIONAL USE PERMIT GUEST NOTIFICATION CUP Resolution Number 53-2021  1889 TEXAS  This short term rental has been permitted by the City of Kerrville as a conditional use under the above referenced resolution within a residential neighborhood and Because this short term rental is located within a residential neighborhood, proper etiquette should be observed at all times. The conditional use permit was issued in an effort "to preserve the health, safety, and general welfare of adjacent property and its occupants and to protect such property and occupants from excessive noise, vibration, dust, dirt smoke, fumes, gas, odor, traffic, explosion, glare, surface water drainage, offensive view, or other undesirable hazardous As a guest, please be aware oft the proximity ofyour neighbors and be respectful of their right to privacy, a quiet environment, and unobstructed access to their property. Loud music, loud parties and excessive noise should be avoided. Parking should be limited to onsite parking spaces provided by short term rental management. Place As per the Conditional Use Permit, the maximum occupancy is ten (10) guests. The Short Term Rental owner may have other occupancy restrictions for fewer guests, however, in no case shall guest occupancy exceed ten (10). guests. Ifyou should have any questions regarding this notification, please contact the short  requires all guests to be aware oft the following:  conditions...."  trash and recycling in the appropriate containers.  term rental management. Thank you!  This Guest Notification should be posted by short term rental management in a location clearly visible by all guests and provided with check-in information. Posting of duplicate copies of this Guest Notification within each guest room is highly encouraged to clearly communicate the  importance ofproper etiquette within a residential neighborhood. Thank you!    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Ordinance No. 2022-01. An Ordinance amending Chapter 74 of the Code  of Ordinances, City of Kerrville, Texas, titled "Parks and Recreation", by adding a new Article IlI "Parkland Dedication", to include parkland dedication requirements for new residential development within the City and ite extraterritorial jurisdiction; providing an effective date; and providing other  matters relating to the subject.  AGENDA DATE OF: December 14, SUBMITTED BY: Ashlea Boyle  DATE SUBMITTED: Oct01,2021  2021  EXHIBITS: 20211214.Ordinance, 2022-01 Parkland Dedication.pdf  Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? Yes Key Priority Area Guiding Principle Action Item  P-Parks/Open: Space /River Corridor  P4. Update the Parks Master Plan, other applicable codes and ordinances and capital planning and funding priorities to support P4.4-Amend the park dedication ordinance to further promote  Kerrville 2050  improvements to existing and future parks SUMMAR/STATEMENT:  Attached is an ordinance amending the Parkland Dedication Ordinance. The Parkland Dedication Ordinance was originally established in 1987. The last revision was in 1991 which set rates paid, the same rates used today of $250 per unit. This ordinance amendment is adopted to provide parks for recreational purposes as a function of 1) subdivision development and 2) new residential construction. This ordinance is enacted in accordance with the Home Rules powers of the City of Kerrville, granted under the Texas Constitution, and the statues of the State of Texas. Itis hereby declared by the City Council that recreation areas in the form of parks are necessary and in the public welfare.    Parks and parkland, as they pertain to this ordinance, are those public properties providing for a variety of outdoor recreational opportunities and within convenient distances to a majority of the residences to be served thereby. A portion of the costs of these parks should be borne byt the ultimate residential property owners who, by reason of the proximity oft their property to such parks, will be beneficiaries ofs such facilities. This amendment includes retaining fees-in-lieu of parkland as a priority over land dedication in accordance with the direction set by the adopted vision in Kerrville 2050 for regional parks versus neighborhood parks. The amount is valued at one acre per 42  residential units.  Recommended amendments include:  1) Fees - Updating the fees with incremental annual increase, and timing of payments. The fees have not changed in 30 years. The current fee is $250 per unit. The fee structure is being updated based on the current land values and land dedication ratio. This will be referenced in the ordinance and included in the annual budget. Fees will be evaluated annually and adjusted as appropriate. Proposed fees are FY22 = $700, FY23 = $850, 2) Eliminate varying unit-size and separate multi-family rate amount and make the ETJ rate 3) Expanding the refund period from five years to 10 years. This will allow for greater collection of funds accrued for capital projects in a more realistic implementation time. The parkland dedication fund can be utilized for capital improvements, but not operations 4) Increasing the overlap of fee collection districts from .5 miles either side of HWY 16 to one mile. Highway 16 is the designated dividing line of east or west districts in which the collected funds are accrued and then allocated back ont the corresponding side oft town. 5) Adding language for timeline of when a developer pays fees if a property is subdivided  FY24 = $1,000, FY25 =$1,275. the same as in-City rate.  and maintenance.  to be when the propertyis developed; and 6) General verbiage cleanups. September 7,2021.  The Parks and Recreation Advisory Board unanimously approved these amendments on Staff recommends holding a pubic hearing and approval of the ordinance amendments on  first reading as presented. This item will require a second reading.  RECOMMENDED ACTION:  Approve Ordinance No. 2022-01, on first reading.    DRAF T 12/10/21  CITY OF KERRVILLE, TEXAS ORDINANCE NO. 2022-01  AN ORDINANCE AMENDING CHAPTER 74 OF THE CODE OF ORDINANCES, CITY OF KERRVILLE, TEXAS, TITLED "PARKS AND RECREATION, BY ADDING A NEW ARTICLE III "PARKLAND DEDICATION", TO INCLUDE PARKLAND DEDICATION REQUIREMENIS FOR NEW RESIDENTIAL EXTRATERRITORIAL JURISDICTION: PROVIDING AN EFFECTIVE DATE; AND PROVIDING OTHER MATTERS  DEVELOPMENT  WITHIN  THE  CITY  AND  ITS  RELATING TO THE SUBJECT  WHEREAS, on September 28, 2021, City Council approved Ordinance No. 2021-24, which adopted a new Subdivision Code for the City and its extraterritorial  jurisdiction ("ETJ"); and  WHEREAS, Ordinance No. 2021-24 repealed and replaced the City's previous Subdivision Code, which included a requirement for parkland dedications for all new subdivisions in accordance with Ordinance No. 91-10, as adopted by City Council on  June 11, 1991; and  WHEREAS, Ordinance No. 91-10 amended the City's initial parkland WHEREAS, Ordinance No. 91-10 established a parkland dedication fee of WHEREAS, the City Council believes it remains in the public interest to WHEREAS, in the most: recent Comprehensive Plan, a Kerruille 2050Guiding Principle was identified and stated to "focus on enhancing'nvesting in existing parks, their purpose or repurpose, and improving accessibility before acquiring land for new  dedication requirements adopted in 1987; and  $250.00 per lot or unit, which has remained at this amount since 1991; and continue to maintain and gain parkland within the City and its ETJ; and  parks"; and  WHEREAS, Subsection 82-50(c)(5) of the Subdivision Code provides that all proposed subdivision shall be served by public parks that provide a variety of outdoor recreational opportunities, and are located according to the Parks and Recreation Master Plan (the "Master Plan"), as amended and as most recently adopted by City  Council in September 2008; and  WHEREAS, Section 82-55 oft the Subdivision Code likewise provides that iti is the policy of the City to require residential developments to contribute parkland or    fees-in-lieu of land dedication in proportion to the needs of future residents and within close proximity to their homes, such that all residential subdivisions within the City shall dedicate parkland or pay fees-in-lieu of such dedication; and  WHEREAS, the City's Parks and Recreation Advisory Board has reviewed both the Master Plan and the City's previous Parkland Dedication regulations (Ord. No. 91-10) on a number of occasions, and voted to recommend the regulations and  requirements provided herein; and  WHEREAS, pursuant to Section 51.001 oft the Texas Local Government Code, the City has general authority to adopt an ordinance or police regulation that is for the good government, peace, or order of the City and is necessary or proper for  carrying out a power granted by law to the City; and the City has authority to regulate subdivisions; and  WHEREAS, pursuant to Chapter 212 of the Texas Local Government Code, WHEREAS, pursuant to Chapter 331 of the Texas Local Government Code, the City may improve land for park purposes, operate and maintain parks, and  control and manage parks within the City; and  WHEREAS, City Council hereby finds that parkland and recreational areas in the form of neighborhood and community parks are necessary and in the public's welfare, as the City currently has approximately 4 square miles of existing parkland, open spaces, or scenic areas located within the City or as are accessible in its ETJ;  and  WHEREAS, based upon the City's current size and in particular, the location of the City's largest, multiuse regional parkland, including Louise Hays, Lehmann- Monroe, Kerrville Schreiner, the Kerrville River Trail, and the Kerrville Sports Complex, most City residents could be deemed as residing relatively near all ofthese  parks for the ease of accessibility and use; and  WHEREAS, the only adequate procedure to provide for parkland is to integrate such requirements into the planning and development of property or  subdivisions in the City and its ETJ; and  WHEREAS, existing parkland within the City currently serve the needs of neighborhoods located within the City and its ETJ, many of which are. located within  ar reasonable distance of City residents and ETJ users; and  WHEREAS, Louise Hays Park, Lehmann-Monroe Park, Kerrville Schreiner Park, the Kerrville Sports Complex, and the Kerrville River Trail, each of which  Page 2 of9  Ord. No. 2022-01    provides amenities that are typical in neighborhood, community parks, and regional parks providing services to City residents and ETJ users alike, due to the absence or  limitation of similar parkland facilities within the ETJ; and  WHEREAS, neighborhood parks and community parks combined, can meet WHEREAS, these parkland dedication requirements are adopted to maintain and provide parkland in the form of neighborhood parks, community parks, regional parks, and special use parks in conjunction with the development of residential  most of the recreational needs of City residents and ETJ users; and  projects both in the City and its ETJ; and  WHEREAS, costs associated with development and maintenance of neighborhood, community parks, and regional parks should be borne by the developers and landowners of residential property who, by reason of the proximity of their property to such parks, are the primary beneficiaries of such facilities; and  WHEREAS, the requirements within this Ordinance are adopted to affect the WHEREAS, the City Council finds that the amendments imposed by this Ordinance are: reasonable, necessary, and proper for the good government of the City and that such amendments promote the health, safety, morals, or general welfare of the City and its safe, orderly, and healthful development, in accordance with Section  purposes stated above; and  212.002, Texas Local Government Code; and  WHEREAS, on December 14, 2021, and pursuant to public notice, City Council held a public hearing on the regulations provided herein, and has considered the comments, reports, and recommendations of the Parks and Recreation Advisory Board and staff, public testimony, and other relevant support materials;  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SECTION ONE. Chapter 74 "Parks and. Recreation" oft the Code ofOrdinances of the City of Kerrville, Texas, is amended by adding a new Article III "Parkland Dedication", which will add the language that is underlined (added) as follows:  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  "ARTICLEIL.- PARKLAND DEDICATION  Sec. 74-50. - Purpose.  Page 3 of9  Ord. No. 2022-01    (a)The regulations found within this article are adopted toj provide parkland.open space, and trails for recreational purposes as a function of () subdivision development: and (ii) new residential construction for previously platted lot.  (b) The City finds that parks. open space. and trails are necessary for public welfare, and that the adequate procedure to provide these community amenities isl by integrating standards into the City's procedures for planning and developing property. In addition. the City finds that a portion of the costs of parks. open spaces. and trails should be borne by the ultimate residential property owners who. by reason of their general proximity of their property to such amenities. will be the primary  beneficiaries.  Section 74-51.- Definitions.  Applicant means a person or entity who submits an application to the City for an approval as required by this article. To qualify as an applicant. the person or entity must have sufficient legal authority or proprietary interests in the land. This term is restricted to include only the property owner(s). or a duly authorized agent and representative of the property owner. The term may include the developer",  "subdivider". "builder", or other similar title.  City Manager means the City Manager oft the City.or designee.  Development means the construction, reconstruction. conversion. structural alteration. relocation. renovation, or enlargement of any structure on land. Dwelling Unit means any building, structure. or portion of a structure. which - is designed, used, or intended to be used. for human occupancy as primary living ETJ means the extraterritorial jurisdiction of the City, pursuant to state law. Fee-in-lieu means the fee that the City requires an applicant pay instead of parkland dedication. and the fund generated from such fees to be used for parkland acquisition or improvements of existing parks. City Council shall include such feein the fee schedule, which is annually reviewed and adopted as part ofits budget. Multifamily dwelling means the same as this term is defined by the Zoning Code, toinclude apartments. condominiums. and assisted living facilities. Open Space means a category of parkland that is to be kept essentially unimproved and dedicated for the public. The primary functions of this type of parkland is the protection of hill country scenic vistas: protection of a quiet. rural  guarters.  Page 4 of9  Ord. No. 2022-01    lifestyle: and conservation of native wildlife. Open space may feature minimal Parkland means a tract of] land designated and used for recreation or open space, Parks and Recreation Master Plan ("Master Plan") means the stand-alone document that is intended to guide the continued development of the City's Parks and Recreation Department and is a tool to educate and explain needs within this system. Such plan is periodically reviewed and revised by the City's Parks and Recreation Advisory Board. but subject to approval by the City Council. Planning and Zoning Commission means the City's Planning and Zoning Section 74-52. - Parkland requirement for land developed for residential  improvements such as walking trails. picnic sites. and/or benches. toinclude neighborhood. community. and regional parks.  Commission also referred to as the "Commission."  purposes.  (a) Applicability. All new residential developments. to include new residential construction on previously platted lots. located either inside the City limits or within the ETJ. shall be required to contribute to the development and/or maintenance of parkland in accordance with this article and pursuant to goals and strategies (b) Fee-in-lieu. Where the City Manager determines. in his or her sole discretion, that sufficient parkland exists within an area to serve a proposed residential development. and that the recreation potential for the proposed development would be better served by expanding or improving existing parkland, then the City will require the payment of the then existing fee-in-lieu as provided by this article for the expansion or improvement of those existing park facilities. The final plat shall include a note stating and affirming the application and payment of fees-in-lieu. (1) Single-family residential - at the time of the Commission's approval ofa subdivision's final plat. the City shall assess the development the existing fee-in- lieu for each single-family residential lot. Following approval but prior to (2) Multifamily dwelling in conjunction with but prior to the City's issuance of ab building permit for a new multifamily dwelling, the applicant shall pay the City the fee-in-lieu for each dwelling unit tol be constructed as part ofthe multifamily  contemplated by the Master Plan.  Such fees are applicable as follows:  recording, the applicant shall pay the City the assessed fee.  dwelling.  Page 5 of9  Ord. No. 2022-01    (3) Previously approved single-family. residential lots - where the City has previously approved a residential subdivision as evidenced by a plat filed within the property records of Kerr County, a dwelling unit proposed for development on an unimproved lot from such subdivision shall be subject to payment of the fee-in-lieu. Thus. the applicant shall pay the City such feeas part of his or her submission of an application for a building permit.  (C) Dedicated parkland.  (1) In lieu of paying the fee-in-lieu, the City Manager, in his or her sole discretion. may require a developer to dedicate to the City one (1) acre ofland per 42 proposed single-family residential lots or dwelling units. ora proportionate amount of] land based on the number of] lots or dwelling units. to be used as public parkland. Thea applicant shall indicate on a preliminary plat. final plat. subdivision construction plans. and site plan submitted to the City for approval the area proposed for such dedicated parkland. When construction of park improvements is proposed, all amenities shall be identified on the subdivision construction plan. No parkland required to be dedicated under this article may be less than one (1) acre and shall be (2) Conditions and situations may warrant the City requesting parkland to be dedicated within the subdivision. to include each phase where applicable. In such cases, the City Manager will coordinate a reasonable parkland location with the applicant during the preliminary platting process. (3) In all instances. the City shall have the right to accept the dedication of land or to refuse same and to require payment oft the fee-in-lieu. (4) The land dedication required by this article shall be made on the final plat and the Commission may not approve or record ai final plat until the parkland dedication requirements are met. The applicant shall include the locationo of the parkland on the plat and include language on the platthatdeutivinisates that the parkland is being dedicated and conveyed to the Cityin fee simple for (5)Any] land dedicated to the City under this article shall be suitable for public parkland purposes and recreational uses, exclusive of encumbrances such as required setback areas, buffers, rights-of-wav. other easements. or other similar requirements oft the City's Code of Ordinances or other laws. The City Manager, in his or her sole discretion. may accept areas within the 100-year floodplain as dedicated parkland, but no area within the designated floodway may count toward the requirement of parkland dedication. In addition, no  dedicated as a single lot.  public use.  Page 6 of9  Ord. No. 2022-01    property with excessive slopes. which make active recreation use impractical on the site, will count toward parkland dedication. Active recreation includes parkland needed to accommodate team sports. such as baseball, softball, (6) Any land dedicated shall have suitable means of access from a currently existing public street or one that the applicant will build during the initial (7)The parkland proposed for dedication shall be in good condition. including the removal of all debris and dead plant materials. and the complete installation. and acceptance by the City, of utility services. sidewalks. and other public improvements. Any land disturbed by activities not related to parkland development shall be restored and the soil stabilized in a method approved by the City Manager in accordance with the requirements of this  football. and soccer, and to provide fields for league play.  development.  Code.  (d) Exemptions. The following situations are exempt from this article: (1) dwelling units that have received building permits to begin construction prior to the effective date of the ordinance adopting this article:or (2) subdivisions. or platted phases thereof. where the City has previously approved parkland dedication or the fee-in-lieu. Subsequent unplatted phases ofany such subdivision are not exempt and will remain subiect to this article.  (e) Special fund: right toarefund.  (1)The City has previously established and currently maintains a separate fund for the deposit of fees-in-lieu paid under this article or previous requirements. such fund known as the Parkland Dedication Fund. The City has used and will continue to use the fund for the development. improvement, and acquisition of parkland. trails. and facilities to benefit each within the district in which the development is located. Such districts are identified as a. For developments and property located east of Highway 16. the district is the area east oft this highway. Additionally, ifpublic parkland exists west of] Highway 16 that can reasonably serve the development. then fee-in-lieu funds can be used for the parkland so noted west of Highway 16. b.] For contributing subdivisions or property located west of Highway 16. the district shall be the area west this highway. Additionally, if public  follows:  Page 7 of9  Ord. No. 2022-01    parkland exists east of Highway 16 that can reasonably serve the development. then fee-in-lieu funds can be used for the parkland so noted (2) The City shall account for all sums paid for parkland acquisition or expansion or improvement of park facilities under this article with reference to the specific development. Any funds paid for such purposes must be expended by the City within ten (10) years from the date received by the City for acquisition. development. expansion, or improvement of a parkland as provided herein. Ifnot sO expended. the current owners of the contributing property on the last day of such ten (10) year period shall be entitled toa prorata refund of any such funds not expended, not including any interest: provided that the owners of such property must request such refund from the City within one (1) year of entitlement. in writing, or such right shall be SECTION TWO. The provisions of this Ordinance are cumulative of all other ordinances or parts of ordinances governing or regulating the same subject matter as that covered herein; provided, however, that all prior ordinances or parts of ordinances: inconsistent with or in conflict with any ofthe provisions oft this Ordinance are expressly repealed to the extent of any such inconsistency or conflict.  east of] Highway 16.  retained by the City."  SECTION THREE. The terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance is declared to be invalid, the same shall not affect the validity ofthe other provisions ofthis Ordinance. SECTION FOUR. Pursuant to Texas Local Government Code $52.013(a) and Section 3.07 of the City's Charter, the City Secretary is hereby authorized and directed to publish the descriptive caption of this Ordinance in the manner and for the length of time prescribed by the law as an alternative method of publication. SECTION FIVE. This Ordinance shall become effective immediately upon the expiration of ten days following publication, as provided for by Section 3.07 oft the  City Charter.  PASSED AND APPROVED ON FIRST READING, this the  day of  A.D.,2021.  PASSED AND APPROVED ON SECOND AND FINAL READING, this  the Page 8 of9  of  A.D., 2021.  Ord. No. 2022-01    Bill Blackburn, Mayor  ATTEST:  Shelley McElhannon, City Secretary APPROVED ASTO FORM:  Michael C. Hayes, City Attorney  TMLAgaIPARKSA RECE ParklandI Ord Page 9 of9  121021  Ord. No. 2022-01    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Financial Report. AGENDA DATE OF: December 14, SUBMITTED BY: Julie Behrens  DATE SUBMITTED: Oct14,2021  2021  EXHIBITS: 20211214.presentation_Financaal_Update.pdr  Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARYSTATEMENT: RECOMMENDED ACTION:  None by City Council.    Financial Update  City Council Meeting December 14, 2021  General Fund Summary  General Fund Revenues as of October 31,2021  Property Tax: (includes current year, prior year, and penalty & interest)  Budget: $10,720,382 Current Collections: $793,253  Note: $71ki from prioryear taxes & penalty &i interest  Sales' Tax:  Budget: $8,614,787 Current Collections: $731,700 October sales tax (August sales) up 17% 8% increase: after out of period adjustments manufacturing, and wholesale trade  November sales tax (September. sales) up 11%-1 large out of period payments Continue to have: strong contributions from retail, food service,    General Fund Summary Overview of Revenues as of October 31, 2021  Y-T-D  Y-T-D Betteror Change FY2022 FY2022 Worse than fromYTD  General Fund Taxes Property Tax Sales Tax Franchise Fees Total Taxes Permits &F Fees Inter-G Governmental Service Revenue Recreation Fines & Forfeitures Grants & Donations Interest & Misc. Transfers-In  FY2022Budget BudgetEst. Actual YTD Budget FY2021 $ 10,720,382 $ 696,825 $ 793,253 $ 96,428 $ 265,799 $ 21,294,369 $1,384,134 $ 1,517,852 $ 133,718 $ 364,734  8,614,787 559,961 731,700 1,959,200 127,348 40,495 2,632 1,489,052 96,788 369,543 3,997,854 259,861 309,986 656,975 42,703 57,165 476,550 30,976 24,347 29,500' 1,918 223,961 14,557 2,276,116 147,948 185,926  171,739 108,195 (7,102) (134,450) (9,260) (321) (454) 272,755 152,832 50,126 2,665 14,462 (16,816) (6,629) (2,967) 2,253 2,671 (7,770) (12,458) 37,979 12,669  2,311  4,171 6,787  Total GeneralF Fund Revenue: $ 30,484,872 $ 1,981,517 $ 2,478,089 $ 496,572 $ 502,875  General Fund Summary Overview of Revenues as of October 31, 2021  Recreation 2%  ServiceRevenue  Property  FranchiseFees  29%  General Fund Revenues    General Fund Summary Overview of Expenses as of October 31, 2021  Y-T-D  Y-T-D Betteror Change FY2022 FY2022 Worset than from) YTD  General Fund Expenses Personnel Supplies Maintenance Services Other Capital Outlay Transfers-Out  FY2022Budget BudgetEst. Actual YTDE Budget FY2021 3,271,728 327,938 211,035 (116,903) 52,791 328,647 67,800 17,500 (50,300) (9,887)  $ 20,783,202 $ 1,943,966 $ 1,857,285 1,535,737 133,499 67,931 2,331,535 225,058 470,522 460,192 51,461 49,222  (86,680) 135,828 (65,567). 15,378 245,464 370,486 (2,239) 16,182 (6,111) (82,337) 580,777  152,210  6,111  Total General Fund Expenses $ 28,863,251 $2,755,832 $2,673,496  Note: Better than ESTIMATED FY2022 budget-to-date  General Fund Summary Overview of Expenses as of October 31, 2021  Maintenance Other Transfers 1% 2%  CapitalOutlay  Services  onnel  General Fund Expenditures By Category    Water Fund Summary  Water Fund Revenues Water Sales:  Budget: $6,665,813 Current Sales: $612,252  Currently behind FY2022 ESTIMATED budget-to-date: September consumption (October sales) July & August 2021 rainfall 4" more thans same period: 2020 FY2022 rates effective 11/1/2021 for October consumption  Rainfall, especially during. July & August (typical heavy irrigation months) had as significant effect on. September (October sales) irrigation consumption down significantly compared to September 2020  h  Sewer Sales  Budget: $5,992,747 Current Sales: : $522,611  Currently ahead of FY2022 ESTIMATED budget-to-date: FY2022 rates effective 11/1/2021 for October consumption  Sewer sales are more: stable due tor residential: sewer averaging (less weather dependent)  Continuing trendf from! FY2021  Water Fund Summary Overview of Revenues as of October 31, 2021  Year tol Date Y-T-D Betteror Change Current FY2022 FY2022 Worse than from FY2022 Budget Budget Actual YTDE Budget YTD FY2021  Water Fund Revenues WaterSales Sewer Sales Reuse Sales Waste Disposal Fees Other Total Revenues  6,665,813 $ 636,542 $ 612,252 5,992,747 500,123 522,611 155,021 14,804 18,913 450,000 37,555 32,830 442,180 30,652 30,847  (24,291) $ (5,442) 22,488 45,761 4,109 (13,350) (4,724) (11,455) 195 (79,156)  13,705,761 $1,310,079 $1,217,453 $ (2,222) (63,641)  Notes:  Waste Disposal Fees behind same period FY2021 Fewer septic hauler loads dischargedi in October Positivei from the treatment side (lower chemical costs) Reuse! Sales behind same period FY2021 Over-seeding: at multiple golf courses drove October FY2021 sales    Water Fund Summary Overview of Expenses as of October 31, 2021  YeartoDate Y-T-D Betteror Change Current FY2022 FY2022 Worset than from FY2022Budget Budget Actual YTDBudget YTD FY2021 3,533,787 $ 286,103 $ 307,195 21,092 (2,223) 824,367 142,783 19,333 (123,450) (11,012) 972,357 263,348 40,815 (222,532) (23,622). 1,088,446 388,199 178,523 (209,676) 125,531 314,371 137,773 125,200 64,785 8,890 (55,894) (10,271) 6,847,233 570,603 570,603 $ 13,705,761 $ 1,853,593 $ 1,125,922 $ (727,672) (147,305).  WaterF Fund Expenses Personnel Supplies Maintenance Services Other CapitalOutlay Transfers- -Out Total WFE Expenses  562 (137,211) (152,055)  (73,652)  Notes:  Expenses shown by category, in line with! budget book Service category includes water, electric, natural gas Transfers are: scheduled monthly or one-time Very earlyi int the year to make any projections  Golf Fund Overview Overview of Revenues as Expenses as of October 31, 2021  Yeart tol Date Y-T-D Betteror Change Current FY2022 FY2022 Worset than from FY2022 Budget Budget Actual YTDBudget YTD FY2021 928,593 78,369 93,085 1,500 85,000 $ 1,015,093 $ 85,669 $ 98,786 $ 13,117 $ 11,440 1,015,093 67,732 69,448  Golf Fund  Recreation! Revenue Misc Revenue TransferIn Total Revenue Expenditures Net  14,716 11,735 (259) (1,340) 69,448 (21,339)  127 7,174  (132) 5,833  (294).  $ 17,937 $ 29,338 $ (56,331) $ 32,780  Notes:  Golfcontinues to show growth Very close to aj positive fund balance  New: software Golf Now (G1) increasingmarketing reach  10    Development Services Fund Overview of Revenues and Expenses as of October 31, 2021  Yeart to Date Y-T-D Bettero or Change Current FY2022 FY2022 Worset than from $ 888,973 $ 74,081 $ 55,123 $ (18,958) $ 25,031  Development: Services Fund FY2022Budget Budget Actual YTDE Budget YTD FY2021  Revenues Permits &F Fees Transferin Total Revenue Expenditures Net  147,895 $ 12,325 12,327 1,036,868 86,406 67,450 1,036,868 $ 86,406 78,878  2 (10,362) (18,956) 14,670 (7,528) (941)  (11,428) $ (11,428) $ 15,611  Notes:  Revenues difficult to predict due to timing of projects Multiplel large development; projectsi in the works Permits Issued: 45 Commercial-1 135 Residential 3Plan reviews including 1 multi-family  11  HOT Fund Summary Overview of Revenues and Expenses as of October 31,2021  Year tol Date Y-T-D Betteror Change FY2022 FY2022 Worset than from YTD $ 93,956 $ 111,502 $ 15,817 $ 11,784  Current 1,555,258 $  Hotel Occupancy Tax Fund Revenues Expenses Net  FY2022 Budget Budget Actual YTDI Budget FY2021 1,555,258 $ 104,612 $ 121,293 $ 16,681  13,242 1,458  10,656  9,791  865  Notes:  Short-term rental revenue continues on upward trend Great turnout for River Festival Several large events planned for FY2022  12    Upcoming Items  January3-8-Audit field work (finalizing financial statements) February: 2022 - FY2022 Budget Amendment Council by the City's auditi firm, BKD February 2022 = new budget process begins!  February 2022- Comprehensive. Annual Financial Report willl be presented to  13  Council Questions or  Comments?  14    KERRI TEXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: City's ongoing preparedness and response to COVID-19 (Coronavirus), and  review of Declaration of local state of disaster due to a public health  emergency, March 20, 2020.  AGENDA DATE OF: December 14, SUBMITTED BY: Eric Maloney  DATE SUBMITTED: Nov12,2021  2021  EXHIBITS: 02022.Pe0luton,2201 Consent of Mayor's Dec of Disaster 022321 signed.pdf  Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARY STATEMENT:  This is a regular briefing on the responsiveness to changing conditions and situations related to Covid 19, as well as the opportunity to review the Disaster Declaration.  RECOMMENDED ACTION:  Reportp provided.    DECLARATION OF LOCAL STATE OF DISASTER DUE TO A PUBLIC HEALTH EMERGENCY - EXTENDED (4th Declaration) A DECLARATION OF THE MAYOR OF THE CITY OF KERRVILLE, TEXAS, DECLARING THAT COVID-19 CORONAVIRUS) REMAINS AN IMMINENT THREAT OF DISASTER WITHIN THE CITY OF KERRVILLE AND EXTENDING THE DECLARATION OF A STATE OF DISASTER WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Kerrville, Texas (the "City"): from on 01 before the 16th day ofMarch 2020, prepared for damage, injury, or loss oflife resulting from the novel coronavirus (COVID-19), which has been recognized globally as a contagious  respiratory virus; and  WHEREAS, it is critical that the City continue taking actions to respond to and mitigate the spread of COVID-19 to protect the health and welfare of the public;  and  WHEREAS, extending the City's Declaration of Local State of Disaster Due to a Public Health Emergency will continue to help facilitate and expedite the use and deployment of resources to enhance the City's ongoing response and mitigation to  COVID-19; and  WHEREAS, on March 13, 2020, the Governor of the State of Texas certified that COVID-19 poses an imminent threat of disaster and declared a state of disaster for all counties in Texas, has extended his declaration several times, and to date, has issued approximately twenty-two orders, many of which remain in effect, in an effort  tor mitigate said disaster; and  WHEREAS, the Texas Department of State Health Services ("DSHS") has previously determined, including an updated declaration issued on May 15, 2020, that as ofMarch 19, 2020, COVID-19 represented and continues to: represent aj public health disaster within the meaning of Chapter 81 of the Texas Health and Safety WHEREAS, the Mayor urges all citizens of Kerrville and this community to continue to monitor government websites such as the Centers ofDisease Control and Prevention ("CDC"), DSHS, and the Texas Governor as well as news sources in an attempt to remain aware and vigilant about COVID-19 and the evolving situation; WHEREAS, the Mayor, in seeking information from national, state, and local experts continues to believe that extraordinary measures must continue to be taken to respond to and to mitigate the spread of COVID-19 and its impact to the public  Code; and  and  health and welfare;    NOWTIEKEORL, BEITPROCLAIMED BY' THE MAYOR OF KERRVILLE: SECTION ONE. Extending Declaration of Local State of Disaster. A local state of disaster ("disaster declaration") was previously declared for the City of Kerrville, Texas, pursuant to Section 418.108(a), Texas Government Code, on March 16, 2020, and then revised on. March 18, 2020 and March 19, 2020. The Mayor hereby SECTION TWO. Duration ofLocal State ofDisaster. Pursuant to Section 418.108(b), Texas Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or  extends the March 19, 2020, declaration in accordance with law.  renewed by Kerrville City Council.  SECTION THREE. Publicity and Filing. Pursuant to Section 418.108(c), Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary, to  include posting it on the City's website.  SECTION FOUR. Continuing the Activation of the City Emergency Management Plan. Pursuant to Section 418.108(d), Texas Government Code, this declaration ofal local state ofdisaster continues the activation ofthe City's Emergency  Management Plan.  SECTION FIVE. Public Meetings - Audience and presenter social distancing; public testimony and public hearing input. City Council meetings and meetings ofother City Boards and Commissions may be delayed, rescheduled, Or conducted in accordance with alternate measures as permitted by law. To reduce the chance of COVID-19 transmission, the City shall hold its public meetings in ai manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with other members oft the community, City Council and other Board and Commission members, and City staff. Public testimony and public hearinginput for public comment and on all items on the agenda at public meetings of the City Council and City Boards and Commissions shall be provided in a manner that best serves these purposes, but) balancing the right of a person to make aj public statement, orally and in person, virtually, or in writing but keeping in mind the public health and safety. The City shall establish and provide notice of its Council Meeting Procedures during Disaster Period and shall also provide notice on its website oft the meeting schedule for City Council and its other Boards and Commissions and the  health measures applicable to each.  SECTION SIX. Municipal Court. All court proceedings in the City's Municipal Court may be altered or even postponed in accordance with state law, including orders and direction from the Texas Supreme Court and the state's Office  of Court Administration.  Page 2 of3  Disaster Declaration, City of Kerrville 4th    SECTION SEVEN. City Manager Authority. The City Manager, O1 designee, is authorized to take the following actions, but shall provide notice of such  to City Council following such action:  a. make application for local, state, and federal assistance as necessary and/or b. accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials from private, nonprofit, OT government sources; C. suspend disconnections, fees, and penalties related to the City's provision of SECTION EIGHT. Limitation of Declaration. This disaster declaration does not extend to law enforcement activities, emergency responses, OT to school  applicable;  services.  districts O1 private school facilities within the City.  SECTION NINE. Effective Date. This proclamation shall take effect immediately from and after its issuance. This disaster declaration supersedes all  previous declarations on this matter.  ORDERED and REVISED this the 88 day of July, 2020.  THE CITY OF KERRVILLE, TEXAS BuBaclla "Bill Blackburn, Mayor  APPROVEYASPrORME R  ATTEST:  hannen  Michael C.  City Attorney  helle McEYhannon, City Secretary  TNegalvEmergeneyl Mgmt.COVID-BMMayor: Orders'Disaster) Declaration-e extended_ 072820. docx  Page 30 of3  Disaster Declaration, City of Kerrville - 4+h    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 16-2020  A RESOLUTION AUTHORIZED BY SECTION 418.108(B) OF THE TEXAS GOVERNMENT CODE EXTENDING THE MAYOR'S DECLARATION THAT COVID-19 (CORONAVIRUS) POSES AN IMMINENT THREAT OF DISASTER WITHIN THE CITY OF KERRVILLE AND DECLARING A STATE OF  DISASTER WITHINTHE CITY  WHEREAS, on] March 16, 2020, Mayor Billl Blackburn, actingi in accordance with authority granted to him under the City's Charter and Section 418.108(a) of the Texas Government Code, declared a local state of disaster ("disaster declaration") for the City due to concerns related tot the coronavirus disease 2019 (COVID-19); and  WHEREAS, thel Mayor revised and reissued the disaster declaration on March 18, 2020 and March 19, 2020 to account for new information and health recommendations;  and  WHEREAS, Section 418.108(b) ofthe Texas Government Code provides that the disaster declaration: may notl be continued for aj period ofmore than seven days except with  the consent of City Council; and  WHEREAS, City Council, pursuant to its adoption of Resolution No. 06-2020 consented to the Mayor's declaration and extended it in accordance with state law; and WHEREAS, the Mayor, on today's date, has issued ai revised declaration, which revises his previously issued declaration to update it to current conditions and: needs; and WHEREAS, City Council believes that the conditions necessitating the disaster declaration will continue to exist for a period ofi more than seven days; and WHEREAS, City Council supports the disaster declaration signed by Mayor Bill Blackburn on July 28, 2020, and consents to its continuation for a period of more than  seven days;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE City Council hereby ratifies the disaster declaration signed by Mayor Bill Blackburn on July 28, 2020 and consents to its continuation indefinitely or until such time as it is terminated by order oft the Council. Said declaration is attached hereto as Exhibit A.  CITY OF KERRVILLE:  PASSED AND APPROVED ON this the 28 day of Juy  A.D.,2020.  ATTEST:  Aiupehasgn Shelley McElhannon, City Secretary Michael C. Hayes, Cit.Attorney  BaBalh Billl Blackburn, Mayor  TOFORM: V  TNagalNEmergny)    REVISED 3/20/20  DECLARATION OF LOCAL STATE OF DISASTER DUE TO A PUBLIC  HEALTH EMERGENCY  A DECLARATION OF THE MAYOR OF THE CITY OF KERRVILLE, TEXAS, DECLARING THAT COVID-19 (CORONAVIRUS) POSES AN IMMINENT THREAT OF DISASTER WITHIN THE CITY OF KERRVILLE AND DECLARING A STATE OF DISASTER WITHIN THE CITY; AND WHEREAS, the City of Kerrville, Texas (the "City") on the 16th day ofMarch 2020, continues to prepare for widespread or severe damage, injury, o1 loss of life resulting from the novel coronavirus (COVID-19), which has been recognized globally  PROVIDING AN EFFECTIVE DATE  as a contagious respiratory virus; and  WHEREAS, it is critical that the City now and immediately take additional steps to prepare for, respond to, and mitigate the spread of COVID-19 to protect the  health and welfare oft the public; and  WHEREAS, declaring a state of disaster will facilitate and expedite the use and deployment of resources to enhance the City's ongoing preparedness, response,  and mitigation to COVID-19; and  WHEREAS, on March 13, 2020, the Governor of the State of Texas certified that COVID-19 poses an imminent threat of disaster and declared a state of disaster for all counties in Texas and has continued toi issue orders in an effort to mitigate said WHEREAS, the' Texas DepartmentofState. Health Services ("DSHS") hasi now determined that, as ofMarch 19, 2020, COVID-19 represents a public health disaster within the meaning of Chapter 81 oft the Texas Health and Safety Code; and WHEREAS, the Mayor urges all citizens of Kerrville and this community to continue to monitor government websites such as the Centers of] Disease Control and Prevention ("CDC"), DSHS, and the Texas Governor as well as news sources in an attempt to remain aware and vigilant about the spread ofCOVID-19 and the rapidly WHEREAS, the Mayor, in consultation with national, state, and local experts has determined that extraordinary measures must be taken to prepare for, respond to, and to mitigate the spread of COVID-19 and its impact to the public health and  disaster; and  evolving situation; and  welfare;  a0a0-B COVID-19    NOW, THEREFORE, BE: IT: PROCLAIMED BYTHEI MAYOR OF KERRVILLE: SECTION ONE. Declaration ofLocal State of Disaster. A local state of disaster ("disaster declaration'") is hereby declared for the City of Kerrville, Texas,  pursuant to Section 418.108(a), Texas Government Code.  SECTION TWO. Duration ofLocal State ofDisaster. Pursuant to Section 418.108(b), Texas Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or  renewed by Kerrville City Council.  SECTION THREE. Publicity and Filing. Pursuant to Section 418.108(c), Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary, to  include posting it on the City's website.  SECTION FOUR. Activation oft the City Emergency Management Plan. Pursuant to Section 418.108(d), Texas Government Code, this declaration of a local  state of disaster activates the City's Emergency Management Plan.  SECTION FIVE. City-owned Facilities. Events greater than 10 persons shall cease at all public facilities owned Ol operated by the City (Facilities"). The  City Manager is hereby authorized to close any and all Facilities.  SECTION SIX. Gatherings Greater than 10 Persons. City recommends that any public OT private gatherings of 10 Or more people in a single indoor O1 enclosed (by fence, physical barrier, OT other structure) outdoor location be canceled until further notice. Special consideration should be given to postpone 01 cancel events of 10 persons o1 more that would include any population at severe risk of severe illness. Thej population at the greatest risk is anyone over the age of6 65 and/or those with severe medical conditions as defined by CDC guidelines. In any event, the sponsoring organization should make that determination in conjunction with the facility's staffand shall comply with orders issued by the federal or state government  as to changes or guidance concerning these restraints.  SECTION SEVEN. Care Facilities. Nursing homes and senior living centers should limit and/or regulate the visitation of the public within their facilities and/or do whatever is necessary to comply with orders issued by federal and state  authorities.  SECTION EIGHT. Other Measures for Protection. Pursuant to Section 122.006, Texas Health and Safety Code, City is authorized to adopt rules to protect the health of persons within the City, including quarantine rules to protect its  Page 2of4  Disaster Declaration, City of Kerrville doa0-B COVID-19    residents against communicable disease and provide for establishment ofq quarantine  stations, emergency hospitals and other hospitals.  SECTION NINE. Audience and presenter social distancing; public testimony and public hearing input. City Council meetings may be delayed, rescheduled, OT conducted in accordance with alternate measures as permitted by law. To reduce the chance of COVID-19 transmission, the City shall hold its public meetings in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with other members of the community, City Council and other Board and Commission members, and City staff. Public testimony and public hearing input forpublic comment and on all: items on the agenda atj public meetings ofthe City Council and City Boards and Commissions shall be provided in a: manner that best serves these purposes, but balancing the right ofa person to make a public statement, orally and in person or in writing but keeping in mind the public health and safety. The City shall establish and provide notice ofits Council Meeting Procedures during Disaster Period and shall also provide notice on  its website of the meeting schedule for City Council.  SECTIONTEN.I Municipal Court.. All non-essential court proceedings in the City's Municipal Court are postponed. All such proceedings will be rescheduled following the term of this Order. No fine, penalty, or punishment shall issue against aparty because oft the postponement ordered herein. Municipal Court shall continue tol hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest warrant requests, arraignments, criminal magistration  proceedings, and requests for temporary restraining orders.  SECTION ELEVEN. City Boards. All City Board, Committee, and Commission meetings are suspended through the term of this order, with the exception oft the Planning and Zoning Commission, which shall meet only to consider applications subject to state law-imposed deadlines. The City shall not accept any development applications, variance applications, certificate of appropriateness applications, OT administrative appeals requiring approval from the Planning and Zoning Commission, Zoning Board of Adjustment, Or City Council shall be accepted  for the term of this Order.  SECTION TWELVE. City Manager Authority. The City Manager, 01 designee, is authorized to take the following actions, but shall provide notice of such  to City Council following such action:  a. make application for local, state, and federal assistance as necessary and/or b. accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials from private, nonprofit, O1 government sources;  applicable;  Page 3 of4  Disaster Declaration, City of Kerrville  Q0a0-B CONID-19    c.t terminate ol suspend any event thati is or may negativelyi impact the health, d. approve individual purchases up to $500,000.00 for general expenditures, which includes: fees, professional services, personal services, and other categories exempted from the bid process by the Local Government Code e. suspend disconnections and fees related to the City's provision of utility SECTION THIRTEEN. Limitation of Declaration. This declaration and orders does not extend to law enforcement activities, emergency responses, court operations to include jury operations, and to all school districts 01 private school  safety, and welfare of persons within the City;  Section 252.022; and services.  facilities within the City.  SECTION FOURTEEN. Effective Date. This proclamation shall take effect: immediately from and after its issuance. This disaster declaration supersedes  all previous declarations on this matter.  ORDERED and REVISED this the 2Daaye of March, 2020.  THE CITY OF KERRVILLE, TEXAS BaBekw Billl Blackburn, Mayor  APPROVED  FORM:  ATTEST:  suyneuhosas Shelley McEMannor,City Secretary  Hayes, ity Attorney  CE  TAlegalEmergencyl MpmrcoVvDApDimaterl MMDR.AS  Page 4 of4  Disaster Declaration, City of Kerrville a0a0-B COVID-19    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 06-2020  A RESOLUTION AUTHORIZED BY SECTION 418.108(B) OF THE TEXAS GOVERNMENT CODE EXTENDING THE MAYOR'S DECLARATION THAT COVID-19 CORONAVIRUS) POSES AN IMMINENT THREAT OF DISASTER WITHIN THE CITY OF KERRVILLE AND DECLARING A STATE OF  DISASTER WITHIN THE CITY  WHEREAS, on March 16, 2020, Mayor) Billl Blackburn, acting in accordance with authority granted to him under the City's Charter and under Section 418.108(a) of the Texas Government Code, declared a local state ofc disaster ("disaster declaration"): for the City due to concerns related to the coronavirus disease 2019 (COVID-19); and 2020 to account for new: information and health recommendations; and  WHEREAS, the Mayori revised and reissued the disaster declaration onl March 18, WHEREAS, the Mayor, again taking into account new information and recommendations from federal, state, andl local authorities and experts, which included the order issued on March 19, 2020, by" Texas Governor Greg Abbot, has revised and reissued the disaster declaration, said declaration attached hereto as Exhibit A and dated March  20,2020; and  WHEREAS, Section 418.108(b) ofthe Texas Government Code provides that the disaster declaration may not be continued foraperiod lofmore than seven days except with  the consent of City Council; and  WHEREAS, the conditions necessitating the disaster declaration will continue to WHEREAS, City Council supports the disaster declaration signed by Mayor Bill Blackburn on March 16, 2020, as revised, and consents toi its continuation for aj period of  exist for aj period ofmore than seven days; and  more than seven days; CITY OF KERRVILLE:  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE City Council hereby ratifies the disaster declaration signed by Mayor Bill Blackburn on March 16, 2020, asi revised, and consents to its continuation indefinitely, or until such time as it is terminated by order oft the Council. Said declaration is attached hereto as Exhibit A.  PASSIED AND APPROVED ON this the 20_4yef.ARCH  A.D.,2020. Baclhn  Miuptehlanon Shelley McElhanrah, City Sepretary Michael C. Hayes/CiyAttomey  Bal Bill Blackburn, Mayor  AST9FORM:    KEFR 889 IEXASI  City of Kerrville  701 MAIN STREET KERRVILLE, TEXAS 78028 . 830.257.8000* KERRVILLETA.GOV  March 16, 2020  The Honorable Greg Abbott Governor ofthe State ofTexas P.O. Box 12428 Austin, TX 78711-2428  RE: Disaster Declared within the City of Kerrville  Dear Governor Abbott:  Pursuant to thej powers oft the Mayor of the City ofKerrville, Texas, IH have issued the following: ADECLARATION OF THE: MAYOR OF THE CITY OF KERRVILLE, TEXAS, DECLARINGTHAT COVID-19 (CORONAVIRUS), POSES AN: IMMINENT THREATOF DISASTER WITHIN THE CITY OF KERRVILLE ANDI DECLARING A STATEC OF DISASTER WITHIN THE CITY; AND PROVIDING ANI EFFECTIVE DATE.  The declaration is attached to this letter. oBbn BBlackbur,l Mayor Attachment  Sincerely,  C: Senator Dawn Buckingham Representative Andrew Murr Kerr County Judge Rob Kelly City Manager Mark McDaniel Kerrville Fire ChiefDanny Smith Kerrville Emergency Management City Secretary Shelley McElhannon  Robbie Barrera, Texas Department of] Emergency Management  TNLegaNEmarges) acmpimdawtaao. AbboiL    DECLARATION OFLOCALSTATE OF DISASTER DUE TO. A PUBLIC  HEALTH EMERGENCY  A DECLARATION OF THE MAYOR OF THE CITY OF KERRVILLE, TEXAS, DECLARING THAT COVID-19 (CORONAVIRUS) POSES AN IMMINENT THREAT OF DISASTER WITHIN THE CITY OF KERRVILLE AND DECLARING A STATE OF DISASTER WITHIN THE CITY; AND  PROVIDING AN: EFFECTIVE DATE  WHEREAS, the City of] Kerrville, Texas (the "City") on the 16th day ofMarch 2020, continues to prepare for widespread or severe damage, injury, or loss of1 life resulting from the novel coronavirus (COVID-19), which has been recognized  globally as a contagious respiratory virus; and  WHEREAS, it is critical that the City now and immediately take additional steps toj prepare for, respond to, and mitigate the spread of COVID-19 to protect the WHEREAS, declaring a state of disaster will facilitate and expedite the use and deployment of resources to enhance the City's ongoing preparedness, response, WHEREAS, on March 13, 2020, the Governor of the State of Texas certified that COVID-19 poses an: imminent threat of disaster and declared a state ofdisaster WHEREAS, thel Mayor, in consultation with national, state, and local experts has determined that extraordinary measures must be taken to prepare for, respond to, and to mitigate the spread of COVID-19 and its impact to the public health and NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF  health and welfare oft the public; and and mitigation to COVID-19; and for all counties in Texas; and  welfare; KERRVILLE:  SECTION ONE. Declaration of Local State of Disaster. A local state of disaster is hereby declared for the City of Kerrville, Texas, pursuant to Section SECTION TWO. Duration of Local State of Disaster. Pursuant to Section 418.108(b), Texas Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless  418.108(a), Texas Government Code.  continued OT renewed by Kerrville City Council.  SECTION THREE. Publicity and Filing. Pursuant to Section 418.108(c), Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary.  Dol a030-CDVID-19    SECTION FOUR. Activation of the City Emergency Management Plan. Pursuant to Section 418.108(d), Texas Government Code, this declaration of alocal state of disaster activates the City's Emergency Management Plan. shall cease at all public facilities owned OT operated by the City.  SECTION FIVE. City-owhed Facilities. Events greater than 50 persons SECTION SIX. Gatherings Greater than 50 Persons. City recommends that any public or private gatherings of 50 o1 more people in a single indoor or enclosed (by fence, physical barrier, or other structure) outdoor location be canceled until further notice. Special consideration should be given to postpone or cancel events of 50 persons Ol more that would include any population at severe risk of severe: illness. Thej population at the greatestriskis: anyone over the age of65 and/or those with severe medical conditions as defined by CDC guidelines. In any event, the sponsoring organization should make that determination: in conjunction with the  facility's staff.  SECTION SEVEN. Care Facilities. Nursing homes' and senior living centers should limit andorregulate the visitation ofthe public within their facilities. SECTION EIGHT. Other Measures for Protection. Pursuant to Section 122.006, Texas Health and Safety Code, City is authorized to adopt rules to protect the health of persons within the City, including quarantine rules to protect its residents against communicable disease and provide for establishment of  quarantine stations, emergency hospitals and other hospitals.  SECTION NINE. Audience and presenter social distancing; public testimony and public hearing input. To reduce the chance of COVID-19 transmission, the City shall hold its public meetings in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with other members of the community, City Council and other Board and Commission members, and City staff. Public testimony and public hearinginput for public comment and on all items on the agenda at] public meetings oft the City Council and City Boards and Commissions shall be provided in a manner that best serves these purposes, but balancing the right of a person to make a public statement, orally and in person or in writing but keeping in mind the public health and safety. SECTION TEN. Limitation of Declaration. This declaration and orders does not extend to law enforcement activities, emergency responses, courtoperations toinclude jury operations, and to all school districts or private school facilities within  the City.  SECTION ELEVEN. Effective Date. This proclamation shall take effect  immediately from and after its issuance. ORDERED this the, 16 day ofI March, 2020.  Docaoao COViD-19    THE CITY OF KERRVILLE, TEXAS BDhlL Bill Blackburn, Mayor  egalbmergeney MemincovD19Daster. Declaration 0316201 DRAFT.docs  Dac 2030 CoVID-19    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Authorize the City Manager to enter into a service area agreement with  Aqua Texas, and to file the appropriate application to amend the City's certificate of convenience and necessity with the Public Utility Commission ofTexas. (This item is eligible for Executive Session 551.071).  AGENDA DATE OF: December 14, SUBMITTED BY: Stuart Barron  DATE SUBMITTED: Nov30,2021  2021  EXHIBITS: IUAAP-emLANTeN water utility service CCN.pdf  Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? Yes Key Priority Area Guiding Principle Action Item  W-Water/Waste-Water/Drainage  W2. Ini the development of the long-range water plan, anticipate growth, consider all sources and plani fori future droughts W2.4-Working: with developersencourage communitywater systems within the City of Kerrville and larger Certificate of Convenience and Necessity (CCN) area to reduce the number of  private wells  SUMMARY STATEMENT:  The City of Kerrville and Aqua Texas share an intermingled water CCN boundary in the Kerrville South area. The boundary starts at Peterson Hospital and extends southeast down Lehmann Dr., then south along Hwy 16 and south to Ranchero Road. Per state requirements, Aqua Texas is not required to provide fire protection for their customers. However the City of Kerrville's subdivision regulations and its building codes require fire protection for some buildings, including new development. This requirement has caused difficultly for land owners and developers in the area. The solution for this would be to create a Dual Service CCN Area, which would allow an owner/developer to pick which water provider they wish to connect to. All existing customers would remain with their current service provider. The Dual Service CCN Area will predominantly be used for new  developments.    Ine exchange for the Aqua Texas releasing a portion of their service area in Kerrville South, the City will release a portion of its service area along Goat Creek Road. This area is currently not connected to the City, and there are no plans for extending water service and/or annexation into this area. Staff has met with Aqua Texas and worked through these issues. Once the parties agree, both parties will sign an agreement and then work through the Public Utility Commission to amend the service  areas on the state maps.  REÇOMMENDED ACTION:  Authorize the City Manager to finalize and execute the agreement.    DRAFT  AGREEMENT REGARDING WATER UTILITY SERVICE  TODESIGNATED AREAS  This Agreement is entered into by and between the City of] Kerrville, a' Texas municipality and body politic, and retail public utility (the "City"), and Aqua Texas, Inc., a Texas corporation and investor-owned retail public utility ("Aqua Texas") (collectively, the "Parties," and individually depending upon the context, "Party") and is effective upon execution by the second  party to sign the same.  RECITALS  WHEREAS, the City is the current holder oft the Certificate of Convenience and Necessity ("CCN")No. 12928, and provides retail public water service to specific areas within Kerr County,  Texas; and  WHEREAS, Aqua Texas ist the holderofCCN: No. 12983, and provides retail public water WHEREAS, the City and Aqua Texas find it mutually advantageous to amend their respective CCN service area boundaries by agreement pursuant to Texas Water Code $ 13.248, in ordert to achieve and maintain efficient and affordable retail public water service to their respective  services in Kerr County, Texas, as well as throughout the State ofTexas; and  customers; and  WHEREAS, pursuant to Texas Water Code $13.248, contracts between retail public utilities designating areas to be served, when approved by the Public Utility Commission of Texas ("PUC"),  are valid and enforceable and are incorporated into the appropriate CCNs; and  WHEREAS, no existing customers ofthe City or Aqua Texas will bei transferred between the WHEREAS, the City and. Aqua Texas mutually desire to enter this Agreement solidifying theirintent to cooperate in designating areas to be served either singularly or dually by each Party as described herein, and to seek PUC approval and incorporation of such designations into their respective CCNS, providing for the orderly development and expansion oftheir service areas; NOW, THEREFORE, in consideration of the promises, mutual agreements, and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged, the City and Aqua Texas hereby contract and agree as follows:  Parties pursuant tot this Agreement; and  AGREEMENT ARTICLEI  1.1 Recitals. The recitals set forth above are incorporated herein, and shall compose together 1.2 Term. This Agreement shall remain valid and enforceable until superseded by subsequent written agreement. No other amendments, except those expressly agreed upon herein, shall  with the terms agreed upon herein, the Agreement.  AGREEMENTI RECARDINGWATER UTILITY: SERVICE  TODESIGNATED AREAS Page 1of5    be made to either Party's existing certificated service area boundaries pursuant to this 1.3 Property Subject to the Agreement. The properties subject to this Agreement are the properties identified as the "Dual CCN Area" and the "CCN Transfer Area" as shown on 1.4 Dual CCN Area. The City and Aqua Texas agree and consent that the area identified on Exhibit A as the "Dual CCN Area," attached and incorporated herein by reference, shall constitute a dually certificated water service area, to which the City and Aqua Texas will share equally the undivided authorization and obligation to furnish continuous and 1.5 CCN_Transfer Area. The City and Aqua Texas agree that the area identified on Exhibit B as the "CCN Transfer Area," attached and incorporated herein by reference, shall be removed from the City's CCN No. 12928, and transferred to Aqua Texas's CCN No.  Agreement.  Exhibit A and Exhibit B, respectively.  adequate retail public water service.  12983.  1.6 PUC Approval. As soon as practical, but in no event later than ninety (90) days after the Effective Date, the parties agree to jointly file this Agreement with the PUC pursuant to Texas Water Code $ 13.248, along with a written petition as required by 16 Texas Administrative Code $ 24.253, and such other documents that may be required in order to incorporate this agreement into the respective CCNS of the City and Aqua Texas. In the event thel PUC does not authorize the certificated service area amendments herein defined, or requires additional evidence, documentation, maps, or action from the Parties, the Parties shall promptly and jointly prepare and submit such cures or additional applications 1.7 Customers. Parties agree that no customers will be transferred between the Parties as a result of this Agreement or the CCN service area boundary amendments resulting  as may be necessary to attain PUC. Approval.  therefrom.  ARTICLEII MISCELLANEOUS  2.1 No agreements other than this Agreement now exist between the City and Aqua Texas 2.3 This Agreement shall be binding on the City and Aqua Texas, and shall be binding on and inure tot thel benefitofthe successors and assigns ofthei respective Parties tot this Agreement. 2.4 This Agreement is the entire agreement between the Parties hereto with respect to the subject matter hereof. No modifications oft this Agreement shall be of any force or effect, whatsoever, except as by subsequent modification in writing signed by the Parties. 2.5 The provisions of this Agreement shall be governed by and construed and entered in accordance with the substantive laws oft the State ofTexas. Any action at law or in equity  concerning the subject matter oft this Agreement.  AGREEMENTI REGARDING WATERI UTILITYSERVICE  TOI DESIGNATED, AREAS Page 2of5    brought to enforce any provision ofthis Agreement shalll bel brought in a court ofcompetent jurisdiction with venue inl Kerr County, Texas, unless otherwise required by law. 2.6 The individuals executing this Agreement on behalf of the respective parties below represent that all necessary and appropriate action has been taken to authorize the individual who is executing this Agreement to do SO for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing, and that each individual affixing his orl her signature is authorized to do SO, and such authorization is valid and effective on the date hereof. If the authority of the individual executing this Agreement is subsequently challenged, the party for which the individual was acting shall take all steps necessary to 2.7 This Agreement may be executed in multiple originals, either copy of which shall be 2.8 This Agreement shall be effective on the date ofexecution below, thel latter of which shall 2.9 No Party will be penalized for alleged authorship of a particular provision on judicial 2.10 No Party to this Agreement shall initiate any litigation or arbitration challenging the validity or enforceability of any provision ofthis Agreement once it has been signed. The Parties reserve only their right to enforce the terms ofthis Agreement to the extent they are  ratify the authority oft the individual. considered an original. be the Effective Date.  construction of this Agreement.  not fully performed by any other Party.  CITYC OF KERRVILLE, AI MUNICIPALITY By: Name: Title: ATTEST: Name: Title: Secretary  AQUA WATER, INC., ATEXAS CORPORATION  By: Name: Title: ATTEST: Name: Title:  AGREEMENT REGARDING WATERI UTILITY: SERVICE  TOI DESIGNATED. AREAS Page 3of5    EXHIBIT"*A" DUALCCN. AREA  AGREEMENT REGARDING WATER UTILITY: SERVICE  TOI DESIGNATED. AREAS Page 4of5    DoubolcysParik  eleronReglond AedledCenfer  RiVETHIMdll  lchmamn-Monyco Park  27  Ses  GSLE  OSOE  173)  173  RiverhGou  vofKerville,; CityofK Kerrville, KPUB, USDA, TNRIS Dual CCN Area Map  Dual CCN Area Municipal Boundary Aqua Texas CCN City Of Kerrville CCN  0.25 mi 11/29/2021 02:30F PM Stuart Barron  0.5  This producti is fori informational purposes and may noth havel been prepared for or bes suitable forl legal, engineering, or surveying purposes.  Itdoes notr represent an on-the-ground: survey andr represents only approximate relative locations.    EXHIBIT "B" CCNTRANSFER, AREA  AGREEMENT REGARDING WATER UTILITYS SERVICE  TOJ DESIGNATED. AREAS Page 5of5    S  USGS TNRIS, Cityofk Kerrvylle, KerrCAD; Citys  CCN Transfer Area Aqua Texas CCN City Of Kerrville CCN  CCN Transfer Area Map  0.25 mi 11/29/2021 02:34PM Stuart Barron  0.5  This product ist fori informational purposes and may not! have been prepared for or bes suitablef forl legal, engineering, ors surveyingr purposes.  Itdoes notr represent an on-the-ground: survey andr represents only approximate relative locations.    KERRI TEXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Reappointment of Municipal Court Judges Mark Prislovsky and M. Patrick  Maguire for two year terms to expire December 31, 2023. (This item is  eligible for Executive Session 551.074.)  AGENDA DATE OF: December 14, SUBMITTED BY: Kim Meismer  DATE SUBMITTED: Oct14,2021  2021  EXHIBITS: Expenditure Required: 90000  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  90000  01-0109-003  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARY STATEMENT:  Consider the reappointment of Municipal Court Judges Mark Prislovsky and M. Patrick Maguire for two year terms to expire December 31, 2023. State law sets Municipal Court Judges' terms at two years. Judge Prislovsky has served since 1988 and July Maguire has City Council appointed Mayor Blackburn and Councimember Eychner as the Interview  served since 2003.  Committee for this item at the September: 28, 2021 City Council meeting.  RECOMMENDED ACTION:  Consider reappointment of Municipal Court Judges Mark Prislovsky and M. Patrick  Maguire for two year terms to expire December 31, 2023.    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Resolution No. 52-2021. A Resolution casting votes of the City of Kerrville,  Texas, for Kerr Central Appraisal District Board of Directors. (This item is  eligible for Executive Session 551.074).  AGENDA DATE OF: December 14, SUBMITTED BY: Shelley/McElhannon  DATE SUBMITTED: Nov12,2021  2021  EXHIBITS: 2021109.Res0.5220210 Casting votes for KCAD Directors.pdf  Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARY STATEMENT:  On October 22, 2021, the City of Kerrville received a ballot from the Kerr Central Appraisal District (KCAD)withseven candidates for five positions for the KCAD Board of Directors. Directors are elected to two-year terms, and candidates elected will serve the 2022/2023 There are a total of 5,000 votes distributed among the taxing entities in Kerr County. The City of Kerrville is allocated 661 votes. The City Council may allocate all its votes entirely to one candidate or split the votes between candidates. The City may not initiate the recall of a director unless it has cast at least one vote for the director; therefore, it is recommended that the City cast votes for at least one nominee, and one vote for each of  term.  the remaining nominees.  The City must cast its ballot before December 15, 2021.  RECOMMENDED ACTION:  Approve Resolution No. 52-2021 casting 656 votes for nominee(s) and casting at least one vote for each of the remaining nominees (this will ensure that the city has standing in  the unlikely event ofa a recall of any of the five board members).    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 52-2021  A RESOLUTION CASTING VOTES OF THE CITY OF KERRVILLE, TEXAS, FOR KERR CENTRAL APPRAISAL DISTRICT BOARD OF  DIRECTORS  WHEREAS, Section 6.03 ofthe Texas Tax Code entitles each political subdivision with property tax authority within Kerr County to cast votes in an election oft the Board ofDirectors of  the Kerr Central Appraisal District (the "Board"); and  WHEREAS, the Chief Appraiser for the Kerr Central Appraisal District ("KCAD") has WHEREAS, City Council finds it to bei int the public interest to casti its votes for thel KCAD NOWTHEREORL, BEI ITRESOLVEDBYTHECITYCOUNCILOFTHE CITY The following nominee, or nominees, with accompanying votes to be cast for each, is submitted for one, or more, oft the five positions to be filled on the Kerr Central Appraisal District  certified that the City of Kerrville may cast 661votes in the election oft the Board; and  Board in the manner indicated below;  OF KERRVILLE, KERR COUNTY, TEXAS:  for the 2022-2023 term.  1. 2. 3. 4. 5. 6.  Bruce Cartwright Carter Crain Patrick Freedle Eric Lantz Larry Priour JeffTalarico 7. Judy Webb-Smith  vote(s) vote(s) vote(s) vote(s) vote(s) vote(s) vote(s)    PASSED AND APPROVED ON this the day of  A.D., 2021.  Bill Blackburn, Mayor ATTEST:  ABBROYEPASTOFORM: TCAE Michael C. Hayes, City Attorney  Shelley McEhannon, City Secretary  LALEgaNVINANCEKCADIeSoIKCADI Board' Vote2 2022-2023 102521.docx  Page 2 of2  Reso. No. 52-2021    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Appointments to the Library Advisory Board.  AGENDA DATE OF: December 14, SUBMITTED BY: Shelley McElhannon EXHIBITS: 20211214Roster.LAB12-2021pdr  DATE SUBMITTED: Oct06,2021  2021  Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARYSTATEMENT:  The Library Advisory Board has six members. Four appointed by City Council, one appointed byt the Friends of the Library, and one appointed by Commissioners Court. Two terms expire January 1,2 2022, which will be appointed by City Council.  Two applications have beenreceived: Megan Bean (reappointment), and Melinda Stewart.  RECOMMENDED ACTION:  Appoint members.    LIBRARY ADVISORY BOARD Term Start date End date  Name BevLAvery  Status Active  Appointing Authority  1 2 1 1  23-Feb-21 9-Oct-19 9-Jan-18 1-Jul-21 1-Jan-22 1-Jan-22  1-Jan-23 1-Jan-23 1-Jan-23  Council FOTL Council  Joseph Conklin Active Carol Wichman Active Beck Gipson Vacant Vacant  Active  1-Apr-22 County Commissioner  1-Jan-24 1-Jan-24  Council Council  Description: The Board is an Advisory Board to the City Council that shall have the authority to hold meetings within the city and to consider and make recommendations to the Council from  time to time on any and all matters pertaining to the Library.  Qualifications: Members must maintain a library card in good standing. Kerrville City Council shall appoint four (4) members; The Kerr County Commissioners Court shall appoint one (1) member; and The Friends oft the Butt-Holdsworth Memorial Library shall appoint one (1) member. Powers and Duties: 1. May hold hearings and consider and make recommendations to the city council and county commissioners court in writing pertaining tot the library system. 2. The Board shall perform the following duties: (1) initiate and/or support policies, programs, and planning for the advancement of the Library; (2) communicate the needs of the citizens of the County of Kerr, Texas, to the Director of the Library and the Library staff; (3) inform the public about Library services available to them; (4) evaluate progress of Library activities and facilities; (5) provide input, as requested, to the City Manager during the selection process for a Director of the Library, and (6) review the annual budget for library operations during the budget cycle and make recommendations to the Library Director concerning library programs and/or library related 3. May recommend that persons who have provided long and valuable service and support to the library be appointed by the city and county as life members of the "honorary library advisory panel" which may provide advice and assistance toi the board as agreed upon between the board and the advisory panel, but in no event will this panel have the duties or obligations delegated to  issues.  the library advisory board. 6members  2 years - 2 terms  Danielle Brigati  Ordinances 1967-17, 80-5, 84-14, 84-58, 85-01, 87-24, 87-60, 87-61, 2005-19, 2010-05.  Ordinances continued: 2011-16, 2017-10, 2018-03, 2021-08. Resolutions 45-2006, 107-2006, 76-2007,122-2007,    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Appointments to the Recovery Community Coalition.  AGENDA DATE OF: December 14, SUBMITTED BY: Shelley McElhannon EXHIBITS: 20211214.Roster.RCC12-202Lpdr  DATE SUBMITTED: Oct07,2021  2021  Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARYSTATEMENT:  The Recovery Community Coalition (RCC) currently has fifteen members, with seven Two applications have been received: Aaron Edmiston (8), and Christa Lovett (4) Six members of the fifteen represent specific facilities. The remaining nine members are either a member oft the recovering community or a citizens with interest in these issues. Since January 2021, 3 oft the 11 RCC meetings did not make a quorum of8. Ona average, the RCC averages 9 members per meeting. The board has searched for applicants and currently has a luncheon planned for December 14th to generate interest int the RCC.  vacancies January 1,2022. reappointment.  RECOMMENDED ACTION:  Appoint members.    RECOVERY COMMUNITY COALITION  Name Randie Benno Joseph R Duprie LeighAnn Fitzpatrick Thomas. J. Hurt Sabine Kuenzel Joseph Piszczor Nikki Saurage Cynthia A Tate Vacant Vacant  Term 2 1 2 1 2 1 1 1  Start date 22-Jan-19 1-Jan-21 13-Mar-18 1-Jan-21 8-Jan-19 1-Jan-21 1-Jan-21 1-Jan-21 1-Jan-22 1-Jan-22  Reappoint 1-Jan-21  End date 1-Jan-23 1-Jan-23 1-Jan-23 1-Jan-23 1-Jan-23 1-Jan-23 1-Jan-23 1-Jan-23 1-Jan-24 1-Jan-24  Position 7 3 5 4 8 6 3 4 1 2  1-Jan-21  1-Jan-21  DESCRIPTION: On annual basis, or more frequently as deemed proper by the Coalition or City Council, the Coalition should attend and report its conclusions, achievements, ideas desires and plans to the City Council. It is recommended that the initial issue with which the Coalition is charged to review is Ordinance No. 2013_06 (Chapter 30, Article I, code of Ordinances), which addresses the operation of QUALIFICATIONS: At least one member from each oft the following, but any of which may include more  group homes and boarding home facilities operating within.  than one member:  1. Owner of a male boarding home facility with valid permit issued by the City; 2. Owner of a female boarding home facility with valid permit issued by the City;  3. Member of the recovering community; 4. Citizen of Kerrville with interest in these issues; 6. Representative of Peterson Health  5. Representative of mental health support organizations such as Kerrville State Hospital; 8.F Representative from a residential addiction treatment facility located within Kerr County. POWERS & DUTIES: On annual basis, or more frequently as deemed proper by the Coalition or City Council, the Coalition should attend and report its conclusions, achievements, ideas desires and plans to the City Council. It is recommended that the initial issue with which the Coalition is charged to review is Ordinance No. 2013_06 (Chapter 30, Article I, code of Ordinances), which addresses the operation of  7. Representative of Hill Country MHDD Centers; and  group homes and boarding home facilities operating within the City.  15 members reducing to 9 members Chief Eric Maloney  2years - 2 terms Resolutions: 26-2016, 18-2018    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Appointments to the Planning & Zoning Commission. (This item is eligible  for Executive Session 551.074).  AGENDA DATE OF: December 14, SUBMITTED BY: Shelley McElhannon EXHIBITS: 20211214.Roster.P8Z12-2021.pdr  DATE SUBMITTED: Oct06,2021  2021  Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMARYSTATEMENT:  The Planning & Zoning Commission has seven members. Three terms expire January 1, Five applications have been received: John Bernhard, Abram Bueche, Chase Gray, Jeff  2022, and one resignation! has beenreceived leaving four vacancies.  Harris, and Rebecca Pacini.  RECOMMENDED ACTION:  Appoint members.    PLANNING & ZONING COMMISSION  Name John D Lipscomb Michael Sigerman Clifford FTuttle Vacant Vacant Vacant Vacant  Term Start date Reappoint End date  Position  2 1 2  1-Nov-19 9-Dec-20 1-Jan-19 1-Jan-22 1-Jan-22 1-Jan-22 1-Jan-22  1-Jan-21 1-Jan-23  1-Jan-23 Chair  1-Jan-21 1-Jan-23  1-Jan-24 1-Jan-24 1-Jan-24 1-Jan-24  Qualifications: The Commission shall be composed of seven (7) members. At least five (5) members shall be residents and a qualified voter of the City of Kerrville, Texas; two (2) members may reside int the City's extraterritorial jurisdiction (ETJ) and shall be a qualified voter of Kerr County. Commission members are appointed by a majority vote of City Council. Powers and Duties: 1. Shall formulate and recommend to the city council for adoption a Comprehensive Plan for the orderly growth and development of the city and its environs. Ona yearly basis the commission shall review and if necessary recommend such changes in the plan as iti finds will facilitate the movement of people and goods, and the health, recreation, safety and 2. Shall formulate a zoning plan (ordinance) as may be deemed best to carry out the goals of the Comprehensive Plan; hold public hearings and make recommendations to the city council relating toi the creation, amendment, and implementation of zoning regulations and districts as provided 3. Shall exercise all powers of a commission as to approval or disapproval of plans, plats, or 4. Shall initiate for consideration at public hearings, proposals for the original zoning of annexed 5. Shall consider and take appropriate action, upon written request, variances as prescribed to the 6. Shall from time tot time recommend such changes to the subdivision regulations, sign regulations, and any other ordinance the city council assigns to their review that will facilitate the  general welfare of the citizens of the city.  in state law.  replats as set out by state law and the city's subdivision regulations. areas or fori the change of zoning district boundaries on an area wide basis.  city's subdivision and sign regulations.  general health, safety and welfare of the citizens of the city.  7r members Drew Paxton  2 year term 31 term limit  Ordinance No. 2019-17    KERRI EXAS  TOBE CONSIDERED BY THE CITY COUNCIL CITY OF KERRVILLE, TEXAS  SUBJECT: Appointment of chair for the Tax Increment Reinvestment Zone (TIRZ) Board  of Directors. (This item is eligible for Executive Session 551.074).  AGENDA DATE OF: December 14, SUBMITTED BY: Shelley McElhannon  DATE SUBMITTED: Oct01,2021  2021  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TOE BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle Action Item  N/A N/A N/A  SUMMAR/STATEMENT:  The Board shall consist of seven (7) members appointed by City Council, where such members may include one or more Councimembers. At the time of appointments and at any other time, City Council shall designate the Chair of the Board from among its appointments. The current TIRZ Board members are: Kenneth Early, John Harrison, Patrick Murray, Mindy Wendele, Fred Gamble, Katherine Howard, and Bruce Stracke. Kenneth Earlyi is currently Chair of the TIRZ, and eligible for reappointment as Chair.  RECOMMENDED ACTION:  Appoint TIRZI Board Chair.