September 12, 2023 The City Council of the City of Clyde, Texas, met in a Regular Meeting at Clyde City Hall, 222 Oak Street, on September12, 2023, at 6:00 p.m. with Mayor Rodger Brown presiding. Councilmembers present: Rodger Brown, Paul McGuire, Tammie Coffman, Jim Rector, Thomas Martin, and Danny A. White. Staff present: City Administrator Chris McGuire, City Secretary Connie Thornton, Librarian Linda Cavanaugh, Director of Community Services Terry Davis, Public Works Director. Jerry Perkins, Parks and Recreation Texas Clyde, Director Chris Chorn, and Chief of Police Robert Dalton. An open meeting was held concerning the following subjects: 1.0 CALLTO ORDER AND ANNOUNCE A QUORUM IS PRESENT At 6:00 p.m., Mayor Brown called the meeting to order and announced a quorum was present. 2.0 INVOCATION Given by Mayor Brown. 3.0 PLEDGESTOU.S. AND TEXAS FLAGS All- led by Mayor Brown. 4.0 COUNCIL COMMENTS Councilmember Coffman acknowledged all the Emergency Services workers. The Public Works employees who handle all the water and wastewater issues, the Volunteer Fire Department who respond when there is a crisis, EMS who take care of our people in our community. She wanted to Mayor Brown stated Chief Dalton was working on something for the Police Department for National Night Out which will be October 3, 2023. Welcome to Curbside Cuts whoy willl be having ag grand opening Councilmember McGuire thanked the Public Works Department for their hard work on the water leak. thank them for their professionalism and hard work. and block party. Also, the Fire Department with all the fires that have happened lately. 5.0 PUBLIC COMMENTS Mayor Brown opened public comments at 6:08 p.m. Geneva Goad, 402 Bryant Road, Clyde, Texas addressed council saying she would like to see a way for the city to help people dispose of limbs, etc. that are in yards. Some people are not able to physically take care of that themselves. She stated when she called city hall the ladies upi front did not have an answer for her and would like to see if there was some kind of program to help. Also, to have some guidelines for the ladies up front sO they can As there were no comments, Mayor Brown closed the public comments at 6:10 p.m. help those people when they call. 6.0 PRESENTATION Ken Martin with. Jacob and Martin Engineering updated council on the projects that have been completed and the projects that are currently ongoing. The Hagan Subdivision Water and Sewer Line project is completed. The Blake Howard Subdivision water line plans have been completed. The Callahan Bayou Waterand Sewer Line project has been completed and water: samples The TDA Eastview Drive Sewer Line project is under contract and construction is anticipated to next week with completion expected in March 2024. Bontke is the contractor. taken. are being begin The Hays Road Life Station Rehab plans are 90% complete. The Sports Complex Access Road Plans are completed and Bontke was the low bidder. There issues with the gas companies about crossing requirements. Oneok has been reasonable to deal are The Lake Fort Phantom Water Supply Plans were completed and submitted to USDA and TCEQ in August 2023. Private easements have been secured and land for the Intermediate Pump Station has been purchased. The Railroad crossing permit has been submitted but no response has been received. The city needs to register with TXDOT's new RULIS system before TXDOT permit can be submitted. Taylor and Callahan counties have given their permit approvals, and. Jones request indicated they didn'trequire a permit. Once bids are received, iti is anticipated that the bids will County be out of budget and additional funds will be needed from USDA. We cannot request additional funds but Energy Transfer is proving to be difficult. with, until bids are received. 7.0 CONSENT AGENDA 7.1 Martin moved and McGuire seconded to approve the minutes from the regular meeting of August 8, 2023, as printed. Motion carried unanimously. 8.0 PUBLICHEARINGS 8.1 Mayor Brown opened the Public Hearing on property located at Being Lots 60 ofW.J. Dugan Subdivision, Clyde, Callahan County Texas at 6:25 p.m. Request is fora FINAL REPLAT OF PROPERTY into 3 lots, sO a Duplex can be constructed on each Ast there were no comments Mayor Brown closed the public hearing at 6:26 p.m. 8.2 Mayor Brown opened the Public Hearing on Tax Increase at 6:26 p.m. lot. The property is currently zoned as 2 Family Duplex. A tax rate of0.680000 per $100 valuation has been proposed by the governing body of City of Clyde, TX. PROPOSED TAX. RATE NO-NEW REVENUE TAX RATE YOTER-APPROVAL TAX: RATE DE MINIMIS RATE $0.680000 per $100 $0.596568 per $100 $0.681161 per $100 $1.322851 per $100 As there were no comments Mayor Brown closed the public hearing at 6:27 p.m. 8.3 Mayor Brown opened the Public Hearing on FY: 2023-2024 Budget at 6:27 p.m. As there were no comments Mayor Brown closed the public hearing at 6:27 p.m. 9.0 REGULAR. AGENDA 9.1 Chris said this is the same property as last month's preliminary replat. This is the last for the final replat. It will provide more housing. step Martin moved and Coffman seconded to approve the final replat of property located at Being Lots 6ofw.J J. Dugan Subdivision, Clyde, Callahan County Texas into. 3 lots, SO a Duplex can be constructed on each lot. Motion carried unanimously. 9.2 Chris stated this is the legal requirement for adopting the budget. The budget is balanced and inside the budget is a generator for police and fire and money for street repairs. McGuire moved and Martin seconded to adopt AN ORDINANCE OF THE CITY OF CLYDE, TEXAS ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER: 1, 2023, AND ENDING SEPTEMBER 30, 2024, IN ACCORDANCE WITH STATE LAW; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Motion carried unanimously. 9.3 Chris informed council this is a 4.5% decrease in the tax rate. Since the appraisal values increased sO dramatically the city wants to be responsible. Mayor Brown thanked the council Rector moved and Martin seconded to approve AN ORDINANCE OF THE CITY OF CLYDE, TEXAS RATIFYING THE PROPERTYTAX INCREASE REFLECTED IN THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE CHAPTER 102; AND PROVIDING AN EFFECTIVE DATE. Motion carried unanimously. and staff for helping the citizens. 9.4 Chris said this is the official act of setting the tax rate. Rector moved and McGuire seconded that the property tax rate be increased by the adoption of a tax rate of $0.680000, which includes $0.423837 for maintenance and operations and $0.256163 for interest and sinking fund, which is effectively a 13.99% increase int the tax rate. Rector-aye McGuire-aye Coffman - aye Martin -aye White-aye Motion carried unanimously. 9.5 Chris stated there has been no increase in water and wastewater rates in 4 years. Prices have continued to increase for electricity, chemicals, insurance, and just daily operation cost and this has not been passed on to our citizens. We have been losing over $400,000.00 a year with these increases. Coffman asked if with this increase to the rates it would put us back operating ini the black. Chris stated it would offset the increases we have incurred over the last few years. Martin moved and White seconded to adopt AN ORDINANCE OF THE CITY OF CLYDE, TEXAS AMENDING CHAPTER 13 UTILITIES, 13.02 SOLID WASTE, ARTICLE 13.02.010 WASTE SERVICE RATES, 13.03 WATER AND SEWERS, DIVISION 2 RATES, CHARGES AND BILLING, SECTION 13.03.51 WATER RATES AND SECTION 13.03.052 WASTEWATER RATES, OF THE CODE OF ORDINANCES OF THE CITY OF CLYDE, TEXAS BY INCREASING WATER AND WASTEWATER RATES; INCORPORATING RECITALS; PROVIDING. AREPEALER; PROVIDINGFORS SEVERABILITY; ANDSETTING, AN EFFECTIVE DATE. Motion carried with a 41 to 1 vote with McGuire voting against. 9.6 Coffman moved and Martin: seconded to ratify the certification from the City Secretary that the candidates for officeo of Councilmember is unopposed. Motion carried unanimously. 9.7 Rector moved and McGuire seconded to adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLYDE, TEXAS, CANCELLING THE ELECTION SCHEDULED TO BE HELD ON NOVEMBER 7, 2023, IN ACCORDANCE WITH SECTION 2.053(a) OF THE TEXAS ELECTION 9.8 Mayor Brown and councilmember McGuire recused themselves due to working for Clyde CISD. Chris explained to council the school has requested the city to reverse the way oft travel on South Third Street from one way back to a two-way street for easier flow during school hours. Councilmember Coffman said the city should do this to keep the kids safe while on White moved and Rector seconded to adopt AN ORDINANCE OF THE CITY OF CLYDE, TEXAS REPEALING ORDINANCE NO. 2020-009; DELETING SECTION 12.05.001 "SOUTH THIRD STREET" OF ARTICLE 12.05 "STREET SPECIFIC REGULATIONS" OF CHAPTER 12 "TRAFFIC. AND VEHICLES" OF THE CLYDE CODE OF ORDINANCES; REVERTING: SOUTH THIRDSTREET BETWEEN HUNT STREET AND CLYDE. JUNIOR HIGH SCHOOLTOATWO- WAYSTREET. Motion carried unanimously with Brown and McGuire abstaining. 9.9 Mayor Brown and councilmember McGuire recused themselves due to working for Clyde CISD. Chris informed council this will allow the Clyde CISD more security at the elementary school campus and it will not interfere with any city function to deed this road to the Clyde White moved and Martins seconded to adopt AN ORDINANCE OF1 THE CITY OF CLYDE, TEXAS CLOSING THE PORTION OF NOTTINGHAM LANE LYING BETWEEN FORREST ROAD AND: SHERWOOD LANE IN THE W.J. DUGAN SUBDIVISION; FINDING THATTHE STREET TO BE CLOSED IS NOT NECESSARY FOR USE AS A PUBLIC THOROUGHFARE; AUTHORIZING CONVEYANCE OF SAID PROPERTY; PROVIDING SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING AN EFFECTIVE DATE. Motion carried CODE. Motion carried unanimously. school campus. CISD. unanimously with Brown and McGuire abstaining. 9.10 Chris explained the Policies and Procedures Manual needed to be updated as faras hours of operation for employees and city of Clyde facilities. Also updating time hours, adding al holiday for MLK day, and updating the employee use ofv comp vehicles. Rector moved and McGuire seconded to adopt A RESOLUTION OF THE CITY OF CLYDE, TEXAS, REVISING THE PERSONNEL POLICY MANUAL, SECTION 3.11 WORK HOURSTO INCLUDE 7AM TO6P.M. WORK SCHEDULE AND 40 HOUR WORK WEEKS, SECTIONS 4.2.3A AND 4.2.4 CONCERNING COMPENSATORYTIME. ACCRUED, SECTIONS 5.15HOLIDAYS, ADDING MARTINI LUTHER KING DAYA AND6.3.3USE OFCITYVEHICLES ABOUT RESTRICTIONS FOR USE OF CITY VEHICLES. Motion carried unanimously. 9.11 Chris stated this is a state requirement for the city to receive Hotel Occupancy Tax. 7% will come to the city and 6% will go to the state on Airbnb'sa and it will be good to have in place when al hotel is built in the city limits. Councilmember Rector asked if this included RV's and Chris stated it does not. The funds generated from the HOT tax can only be used for specific things and will be audited by the state. Coffman stated it was good to know that the funds are ear marked for certain things. McGuire asked if the lake cabin rentals would bei included in the HOT tax and Chris said they would. Martin moved and Coffman seconded to adopt AN ORDINANCE OF THE CITY OF CLYDE, TEXAS IMPOSING AI MUNICIPAL HOTEL OCCUPANCY TAXI IN THE AMOUNT OF SEVEN PERCENT ON THE RENTAL OF HOTEL ROOMS WITHIN THE CITYA ANDTHE CITY'S EXTRATERRITORIAL JURISDICTION; REQUIRING COLLECTION OF THE TAX AND CERTAIN REPORTING BYI HOTELS; PROVIDING. APENALTY; PROVIDING SEVERABILITY AND REPEALER; AND ESTABLISHING AN EFFECTIVE DATE. Motion carried unanimously. 9.12 Chrisi informed council we had 3 bids for the old senior citizens building and the largest bid was for $80,000.00 from the Roberts who are wanting to put in a daycare at the Martin moved and White seconded to approve the $80,000.00 bid from the Roberts for the purchaseofthel building located at Lots10,11812, BIk1, Shanks Subdivision, 123 North 4th Street West, Clyde, Texas, Callahan County. Motion carried facility. Council thanked the Roberts fori their support of the city. unanimously. 9.13 Chris said there are 41 board members up for reappointment. Three oft thei fourwould like to continue to sit on the EDC Board. Melissa Stallings, due to her work schedule, will no longer be able to be on the EDC Board. Shannon Caulkins expressed interest inb becoming a board member. Councilmember Martin asked what business Ms. McGuire moved and Martin seconded to adopt AI RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF CLYDE, TEXAS, APPOINTING DIRECTORSTO THE CLYDE ECONOMIC DEVELOPMENT CORPORATION, INC. Motion carried unanimously. Caulkins was in and Mayor Brown responded she was realtor. 10.0 EXECUTIVE SESSION/The Council may enter into Closed or Executive Session to discuss the following:) 10.1 Convene into Closed Meeting pursuant to the provisions of Chapter 551, Government Code, Vernon's Texas Codes Annotated, in accordance with the Gov. Code $551.071 "Consultation with Attorney" Concerning gaming Gov. Code $551.086 "Economic Development" Concerning business Gov. Code $551.074 "Personnel Matters" concerning city council and Gov. Code $551.072 Deliberations about Real Property" Concerning the Authority contained in. machines. development opportunities. employees. property on Wise Street. The council entered into Executive Session at7 7:19 p.m. The council returned to open session at 9:50 p.m. No action was taken. 11.0 FINANCIALS STATEMENT The August 31, 2023, Financial Statement was available to Councili for review. McGuire asked what the payment to Allied Waste was and Thornton said she would check and get back with him. There were no other questions or comments. 12.0 ADIOURNMENT McGuire moved and Rector: seconded to adjourn the meeting at 9:51 p.m. Motion carried unanimously. Rodger Brown, Mayor MR fonnits ports - Connie Thornton, City Secretary