Special City Council Meeting  January 23, 2024  At  Gatesville Council Chamber  110 N. 8th Street  5:30P.M.    INDEX SPECIAL CITYC COUNCIL MEETING JANUARY 23,2024 5:30P.M.  PAGEI-AGENDA-1-23-2024 CALLTOORDER QUORUM CHECK  INVOCATION. ANDI PLEDGE OF ALLEGIANCE  CITIZENS/PUBLIC: COMMENTS FORUM: INDIVIDUALS WISHING TO ADDRESS THE GATESVILLE CITY COUNCIL MAY DO so DURING THIS TIME. IF YOUI INTEND TO COMMENT ON A SPECIFIC. AGENDA ITEM, PLEASE! NDICATE: THE ITEM(S) ON THE SIGN- IN SHEET PRIOR TO' THE MEETING. PUBLIC COMMENT: IS LIMITED TO3 MINUTES. PER SPEAKER. SPEAKERS MUST CONDUCT: THEMSELVES INA RESPECTFUL MANNER. IN ACCORDANCE WITH THE TEXAS OPENI MEETINGS ACT, GATESVILLE CITY COUNCIL CANNOT: DELIBERATE OR. ACT ONI ITEMS NOTI LISTED PAGE2-6 DISCUSSION: ANDI POSSIBLE ACTION: REGARDING. APPROVAL OF PAGE7-15 CITY COUNCIL MEMORANDUM- DISCUSSION, ANDI POSSIBLE. ACTION  ON' THE MEETING AGENDA.  MINUTES FROMI REGULAR CITY COUNCIL MEETINGJANUARYW.HA AUTHORIZING THE CITY MANAGER TO EXECUTE. Al PROFESSIONAL SERVICES AGREEMENT WITH FREESE ANDI NICHOLS, INC. (FNI) TO PERFORM A CYBERSECURITY ASSESSMENT OF1 THE CITY'S SUPERVISORY CONTROL ANDI DATA. ACQUISITION (SCADA)SYSTEM FORI POTENTIAL CYBERATTACKS ON THE CITY'S WATER AND WASTEWATER INFRASTRUCTURE (SCOTT ALBERT & NICK CLAUDIO) REGARDING! Al RESOLUTION SUPPORTINGTHE: SUBMITTALOFAN APPLICATION: TO' THE TEXAS. DEPARTMENT OFI HOUSINGAND COMMUNITYAFFAIRS FOR' THE: 2024LOWI INCOME HOUSINGTAX CREDIT PROGRAM IN RELATION TOTHE GATESVILLE CROSSING REGARDING. AI RESOLUTION SUPPORTING THE SUBMITTALOFAN APPLICATION TO' THETEXAS DEPARTMENT OFI HOUSINGAND COMMUNITY. AFFAIRS FOR' THE 2024LOW. INCOME HOUSINGTAX CREDIT. PROGRAM IN RELATION TOTHE GATESVILLETERRACE EVENT ON. APRIL 8, 20241 INCLUDING! DISCUSSION. ANDI POSSIBLE ACTIONI REGARDING TEMPORARY CLOSURE OF STREETS ON APRIL 6TH AND 7TH, 20241 FOR THE PRE- ECLIPSE CELEBRATION, "BLOCK OUT' THE: SUNI PARTY" (CHERI SHEPHERD & BRAD HUNT) REGARDING. AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS REPEALING ARTICLE. III, ALARM SYSTEMS, SECTIONS 14-47 THROUGH 14-51, AND ADDING SECTIONS 14-52' THROUGH 14-55, OF THE CODE OF ORDINANCES OF THE CITY OF GATESVILLE;. ANDI PROVIDING. AN EFFECTIVE DATE (2ND READING OF ORDINANCE 2024-01) (BRAD HUNT)  (WENDY COLE)  PAGE16-19 CITY COUNCIL MEMORANDUM- DISCUSSION. POSSIBLE. ACTION  PROJECT.  (MICHAEL: FOGEL & ALICE WOODS).  PAGE20-45 CITY COUNCIL MEMORANDUM- DISCUSSION: POSSIBLE. ACTION  PROJECT.  (MICHAEL FOGEL &. ALICE WOODS)  PAGE46- CITY COUNCIL MEMORANDUM- UPDATE REGARDING THEI ECLIPSE  PAGE47-53 CITY COUNCIL: MEMORANDUM- DISCUSSION, ANDI POSSIBLE. ACTION    NOTICE (TEX. GOV'T. CODE CHAPTER 551, SEC. 551.041) AGENDA SPECIAL CITY COUNCIL MEETING JANUARY 23, 2024 5:30P.M. GATESVILLE CITY COUNCIL CHAMBERS 110 NORTH 8H STREET, GATESVILLE, TEXAS 76528  THISI NOTICE ISI POSTED IN COMPLIANCE WITH1 THE OPEN MEETING ACT  1. Call Special Meeting to Order------m 3. Invocation and Pledge of Allegiance  Quorum Check  Citizens/Public Comments Forum: Individuals wishing to address the Gatesville City Council may do so during this segment. Ify you intend to comment on a specific agenda item, please indicate the item(s) on the sign-in sheet before the meeting. Each speaker is allotted a maximum of 3 minutes for their remarks, and speakers are expected to conduct themselves in a respectful manner. Speakers must conduct themselves in a civil manner. In accordance with the Texas Open Meetings Act, the City of Gatesville City Council cannot deliberate or act oni items not listed on the Discussion and possible action regarding approval of minutes from Regular City Discussion and possible action authorizing the City Manager to execute. a professional services agreement with Freese and Nichols, Inc. (FNI) to perform a cybersecurity assessment of the city's Supervisory Control and Data Acquisition (SCADA) system for potential cyberattacks on the city's water and wastewater infrastructure. 7. Discussion possible action regarding a resolution supporting the submittal of an application tot the Texas Department of Housing and Community Affairs for the 2024 Low Income Housing' Tax Credit Program in relation to the Gatesville Crossing project. Discussion and possible action regarding a resolution supporting the submittal of an application to the Texas Department of Housing and Community Affairs for the 2024 Low Income Housing Tax Credit Program in relation to the Gatesville Terrace project. 9. Update regarding thel Eclipse Event on April 8, 2024 including discussion and possible action regarding temporary closure of streets on April 6th and 7th, 20241 fort thel Pre- Eclipse Celebration, "Block Out The Sun Party" (Cheri Shepherd & Brad Hunt) 10. Discussion and possible action regarding an Ordinance of the City of Gatesville, Texas repealing Article III, Alarm Systems, Sections 14-47 through 14-51, and adding Sections 14- 521 through 14-55, of the Code of Ordinances of the City of Gatesville; and providing an effective date. (2nd reading of Ordinance 2024-01) (Brad Hunt) Ihereby attest that the above agenda was posted ont this the: 19th days of January, 20241 by! 5:00 p.m. ont the official Citys of Gatesville website, ateptletxgmt andi the official bulletin boards att the Gatesville City Hall, 803 E. Main Street and Gatesville Council Chambers, 1101 N. 8th Street, Gatesville, Texas. The City of Gatesville Council Chambers are wheelchair accessible: and accessible parking spaces are available at thel backe entrance of City Hall. Requests for accommodations: or interpretive services must be made 24 hours prior to this meeting. Please contact the City Secretary's office at: 254-865-8951 or FAX  meeting agenda.  Council meeting held on. January 9, 2024. (Wendy Cole)  (Scott Albert & Nick Claudio)  (Michael Fogel & Alice Woods)  (Michael Foge! & Alice Woods)  11. Adjourn Meeting  Mlendylele Wendy Cole, Ciéy Secretary  254-865-8320, or emaily wodsBsatenilletaxcem for further information.  P1    REGULAR CITY COUNCIL MEETING JANUARY9,2024 5:30P.M. COUNCIL CHAMBERS, 110NORTH 8TH STREET, GATESVILLE, TEXAS 76528  AN OPEN MEETING WAS HELD CONCERNINGTHE FOLLOWING SUBJECTS:  DCALLTOORDER REGULAR CITY COUNCIL MEETING. AT 5:32 P.M. THIS 9TH] DAYOF 2)_QUORUM CHECK/COUNCIL PRESENT: Mayor Gary Chumley, Councilmembers. Barbara  JANUARY9.2024  Burrow, Greg Casey, Joel Patterson, Meredith Rainer, and Aaron Smith  REGRETS: Councilmember John Westbrook  CITY STAFF PRESENT: City Manager Scott L.. Albert, City Secretary Wendy Cole, Finance/HR Director. Mikel Halsema, Police Chief Brad Hunt, Parks & Recreation Director Seth Phillips, OTHERS: Leo Corona, Alan] Mathis, Alice' Woods, Michael Fogel, Kim Hill, and Gatesvillel Messenger 3)INVOCATION: Councilmember Casey/PLEDGE OF ALLEGIANCE: Led by! Mayor Chumley 4)0 CITIZENS/PUBLICCOMMENTS FORUM: PERSONS WHOI DESIRE TO ADDRESS THE CITY OF GATESVILLECTY COUNCIL WILLBEI RECEIVED AT1 THIS TIME. IF AI PERSON WISHES' TOCOMMENT ON Al PARTICULAR, AGENDA ITEM, THEN THE SPEAKER SHOULD INDICATE SUCH] ITEM(S)ON THE SIGN IN SHEETI PRIOR TOTHEI MEETING. PUBLIC COMMENT IS LIMITED' TO3) MINUTES PER SPEAKER. SPEAKERS MUST CONDUCT THEMSELVES IN ACIVILI MANNER. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT.THE CITY OF GATESVILLECTY COUNCIL CANNOTI DELIBERATE OR ACTONI ITEMS Alanl Mathis, of1101 Star Lane, Gatesville, spoke to Council regarding the Siver Haired Legislatures, which. he is al representative of. Mr. Mathis said that hel hadj just attended the' Texasl Health & Human Services Area Agencies on Aging (AAA) advisory group meeting and wanted toi inform the Council of 1. Dementia. Adult] Day Program inl Belton. Thisi isa ai new program and they are open five (5) daysa a week from 7:30 a.m. to 5:30 p.m. Meals and therapeutic activities arej provided at $90.00 per day. 2. Medical Foster Home program for Veterans. Is a long-term care placement option thati isl locatedi ina home-like setting/environment where the caregiver lives and provides continuous care and Mr. Mathis also said that the AAAI has room heaters for anyone that does not have reliable heaters in  Staff Writer Kaylee Dusang  NOTI LISTED ON THE] MEETING AGENDA.  two (2) important programs that the. AAA] provide:  supervision to the Veterans.  theirl home.. Just contact Mr. Mathis and1 he will assisti inj providing.  5) ALLCONSENT AGENDA ITEMS ARE CONSIDEREDI ROUTINE BY CITY/COUNCILAND WILLI BE ENACTED BY AS SINGLE] MOTION. THERE WILL] BEN NO SEPARATE] DISCUSSION OF THESE TEMS UNLESS. A COUNCILMEMBER REQUESTS ANJ ITEM BEI REMOVED. AND RESOLUTION 2024-01: Discussion andj possible action regarding approval ofl Minutes from the RESOLUTION 2024-02: Discussion andj possible action regarding ai resolution declaring various  CONSIDERED SEPARATELY)  Regular City Council Meeting held on December 12, 2023.  P2    REGULAR CITY COUNCIL MEETING JANUARY9, 2024 PAGE2  Fitness Center exercise equipment as surplus property and authorizing the City Manager to dispose ofs said property by listing for sale ont the  GovDeals website. (Seth)  RESOLUTION 2024-03: Discussion and possible action regarding approval of monthly financial RESOLUTION 2024-04: Discussion andj possible action regarding approval of Keep Gatesville Motion byl Barbara Burrow, seconded by Greg Casey, to approve the Consent Agenda including Resolution. 2024-04: regarding approval of Shelley Herring (Chairman), Marie Dominquez, Celeste Drake, Elena Spatzier, Kim Chumley, and Dustin Morgan as Board Members tot thel Keep Gatesville Beautiful Committee and approvel Lizl Reinhardt and Barbara Burrow as Ex-Officio Members; all five  reports for October andl November 2023. (Mike) Beautiful Board Members (Wendy)  voting' "Aye", motion passed. OTHER: BUSINESS:  6) DISCUSSION REGARDING THE PROPOSED GATESVILLE CROSSING PROJECT WHICH WILL BE COMPRISED OF APPROXIMATELY 36-UNITS, DESIGNED FOR FAMILIES (NOT AGE RESTRICTED). TO BE LOCATED EAST OF HWY 36, DIRECTLY SOUTH OF THE WALMART SUPERCENTER AND' THE PROPOSED GATESVILLE TERRACE PROJECT WHICH WILLE BE COMPRISED OF APROAMATELYAINTFS FOR SENIORS.55 AND OLDER. TO BE SITUATED WEST OF HWY 36, DIRECTLY SOUTH OF HILLSIDE MEDICAL LODGE, AND Cityl Manager. Albert said that Trinity Housing Developments: recently contacted. him seeking the City's support for the development oft two new communities, one of whichi involves a 36-unit community tot be located east of] Hwy 36, directly south of Walmart and the other a5 52-unit aged restricted community to be situated west ofl Hwy 36, directly south ofHillside Medical Lodge, and north of Walgreens; both to be financed using 9%1 Housing Tax Credits. Trinity) Housing Developments were the developers who Alice Woods and Michael Fogel ofTrinityl Housing Developments provided al Power-Point presentation regarding thej proposed projects: Gatesville Crossing & Gatesville Terrace. Discussed weret the It was noted that that the 36-unit Gatesville' Trails mixed- income senior community already in Mr. Fogels said that even1 though two (2) projects are being discussed- only one would bel built by Trinity Housing Development. Both projects wouldi include units subject to tax crediti income rent andi income restrictions, primarily aimed at annual incomes ranging from $26,5001 to $45,000. Thei majority of units  NORTH OF WALGREENS (MICHAEL. FOGEL & ALICE WOODS)  built Gatesville' Trails out onl Hwy 36.  community and unit amenities and thel housing tax credits process. Gatesville that Trinity Housing Developments built is fullyl leased.  willl be available for rent within the range ofs $700t to $1,100 per month. Two residents who were present at thei meeting spoke:  Leo Corona asked ai few questions regarding Veteran rentals and tax exemptions. Kim Hill, voiced her support oft these projects and the favorable affordability oft the rent. Following al lengthy discussion: regarding the project specifics, rental restrictions, and what would be required from the City of Gatesville, Mayor Chumley said that no formal decision or actioni in support of Mr. Fogel saidt thati ifa anyone had further questions or feedback to please contact him.  or opposition tot the projects would be made at tonight's meeting.  P3    REGULAR CITY COUNCIL MEETING JANUARY: 9,2 2024 PAGE3  7) DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF GATESVILLE TEXAS REPEALING ARTICLE III, ALARM SYSTEMS, SECTIONS 14-47 THROUGH 14-51, AND ADDING SECTIONS 14-52 THROUGH 14-55, OF THE CODE OF ORDINANCES OF THE CITY OF GATESVILLE: AND PROVIDING AN EFFECTIVE DATE Police Chief] Brad Hunt said that as part oft thel Fiscal Year 22-23 approved budget, the Gatesville Police Department entered into a contract agreement with PM AM Corporation, toj provide automated, online management of alarm permits. Changes and additions to City Ordinance. Article) III, Alarm Systems, are necessary to meet the requirements of PM AM Corporation and align thej practices associated with alarm permitting witht the local law. These changes are anticipated to save workl hours and develop efficiency ini management of alarmj permits, and! better organize police response and finei issuance: for non- Added: Thel Department shall notify the permit holderi in writing after each false alarm Added: Thel Department shall not consider a false alarm tol have occurred unless thej police department: responds within thirty minutes olithe alarm notification. and the department determines from ani inspection of thei interior or exterior oft the! premises that the alarm was: false. Added Section 14-52: Revocation and Reinstatement ofPermit. Added Section 14-53: Reinstatement ofl Permit. Added Section 14-54: Violations; Penalties; Corporations, Partnerships and other Legal Entities. Added Section 14-55: Govemnment Immunity and Disclaimer. Permit applications willl be ablet tol be done online also, ifa an applicant desires tos submit an application ORDINANCE/ 2024-01-01: Motion by Meredith Rainer, seconded by Greg Casey, to approve the first reading of Ordinance 2024-01 repealing. Article III, Alarm Systems, Sections 14-47 through 14-51, and adding Sections 14-52 through 14-55, oft the Code of Ordinances oft the City ofGatesville; andj providing 8) DISCUSSION. AND] POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS. AMENDING THE CODE OF ORDINANCES ATC CHAPTER 18, "FEES", BY AMENDING SECTION 18-1, "FEE SCHEDULE" WITH REGARD TO SEWER RATE] FEES FOR TEXAS DEPARTMENT OF CRIMINAL. JUSTICE. AND SOLID WASTE FEES: REPEALING ALL CONFLICTING ORDINANCES:] PROVIDING. A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE (3RD & FINAL READING OF ORDINANCE NO. 2023-07) Finance Director, Mikel Halsema, said thatt thisi is the third and final reading of Ordinance 2023-07 and confirmed that the new solid waste rates would not take effect ont the customers bills until the March 1, ORDINANCE: 2023-07-03: Motion byl Barbara Burrow, seconded byl Meredith Rainer, to approve the third and final reading of Ordinance 2023-07 amending the Code of Ordinances at Chapter 18, "Fees", by amending Section 18-1, "Fee Schedule" withi regard to sewer rate fees for' Texas Department of Criminal Justice, and Solid Waste] Fees; repealing all conflicting ordinances; providing a severability clause; andj providing an Effective Date; all five voting' "Aye", motion passed. 9)DISCUSSION AND POSSIBLE ACTION. REGARDING. AP PROFESSIONAL: SERVICE AGREEMENT WITH) FREESE, NICHOLS.INC. (FNI)TO ASSESS THE CITY'S VULNERABILITY1 TOAC CYBER-ATTACK ON THE CITY'S WATER SYSTEM AND FORMULATE, ASUPERVISORY CONTROL AND DATA ACQUISITIONISCADAIBUSINESS PLAN.VUINERABLITY ASSESSMENT. AND AI PROJECTI LIST AIMED ATI BOLSTERING THE CITY'S DEFENSES AGAINST! POTENTIALCYBERATTACKS ON THE CITY'S WATER  (1STI READING OF ORDINANCE: 2024-01) (BRAD HUNT)  compliance. Proposed changes/additions discussed were: Definition of Non-Valid. Alarm changed to False Alarm.  that way.  an effective date; all five voting "Aye", motion passed.  (MIKE HALSEMA) 20241 billing.  INFRASTRUCTURE (SCOTT ALBERT &1 NICK CLAUDIO)  P4    REGULAR CITY COUNCIL MEETING JANUARY9,2024 PAGE4  Mayor Chumley stated that Agenda Item # 9 was pulled from the agenda and was tentatively scheduled 10) DISCUSSION AND) POSSIBLE ACTION ON Al RESOLUTION TO ESTABLISH. Al REGULAR MONTHLY COUNCIL MEETING ON THE SECOND TUESDAY OF EACH MONTH, ALONG WITH' THE OPTION FOR SPECIAL CALLED: MEETINGS AS NECESSARY. FOR THE NEXT City Manager. Albert] provided Resolution 2024-05 tot the Council regarding thej proposed revised monthly council meeting dates for the next twelve (12) months. Staff recommends conducting only one regularly scheduled council meeting per month for ther next twelve months. Special Meetings can still be called ifr necessary tos avoid any delays in significant decision-making matters. The City Charter requires the City Council tol hold atl least one regular meeting each month andi may hold as many additional meetings duringt ther month as necessary. Thej primary reason for this request is related to the current workload and the need for more time to focus our attention on various projects, initiatives, and operations. With more timel between: meetings, staff can concentrate ont these projects, initiatives, and operations without thei interruption of preparing for ai meeting every two weeks." This allows for more extensive: research, leading to better-informed Additionally, holding: fewer meetings can help prevent bumout among council members and city staff Ifa Special Meeting was calledi it would still bel held on the customary second' Tuesday oft ther month. Councilmember Rainer was concerned about transparency with thep public and also make the: meetings go tool long. Also concerned that the required three (3)r readings ofOrdinances would taket too longi to The Council further discussed public transparency, time oft thei meetings, and that Ordinance approvals/ discussions could be done at a Special called meeting with only urgent items listed ont the agenda. City Manager. Albert said thatt there willl be a meeting on. January 23rd because oft thej proposed Trinity Housing Development: Project. Mr. Albert alsos said that Council would bei informed at the monthly meeting ont the second' Tuesday ifthere would be a send meeting in the month.  tol bei included on the: next council meeting agenda.  TWELVE MONTHS (SCOTT/ ALBERT)  decisions and improved execution of operations.  whilel balancing the current workload: and managing meeting frequency.  pass city regulations.  RESOLUTION: 2024-05: Motion by Barbara Burrow, seconded by. Joel Patterson, to approve setting the second' Tuesday of eachi month at 5:30 p.m. as the date and time of regular City Council meetings, with the option ofholding a Special Meeting on the fourth' Tuesday oft the month at the discretion of the City  Manager; all five voting "Aye", motion passed.  11) MAYOR CHUMLEY STATED THAT1 THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS. WILL CONVENE IN A CLOSED MEETING ON THIS 9TH DAY OF JANUARY 9.2024 BEGINNINGATS46 P.M. AND ANNOUNCED THE SUBJECTTO BE DISCUSSED: THIS CLOSED) MEETING IS INACCORDANCE WITH GOVERNMENT CODESECTION 551.071- CONSULTATION WITH ATTORNEY- REGARDING CONEDENTALMATTERSINK WHICHTHE) DUTY OFTHE ATTORNEY TO' THE GOVERAMENTALBODY UNDERTHE TEXAS DISCIPLINARY RULES OFI PROFESSIONAL CONDUCT OF THES STATE] BAR OF TEXAS CONELICTS WITH CHAPTER 551 OF THE' TEXAS GOVERNMENT CODE A. DSCISSIONAEGARDING THE] FIREFLYI RVI PARK DEVELOPMENT AGREEMENT  (SCOTT ALBERT)  P5    REGULAR CITY COUNCIL MEETING JANUARYS 9,2024 PAGE5  12) MAYOR CHUMLEY RECONVENED THE OPEN MEETING AND STATED THAT THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS. ENDED ITS CLOSED, MEETINGAT 13) DISCUSSION AND POSSIBLE ACTION RESULTING FROM DISCUSSION DELIBERATED  730P.M.ONTHIS: 9THI DAY OF JANUARY9.2024  INI EXECUTIVE SESSION  There was: no action as ar result oft the! Executive: Session.  14) DISCUSSION REGARDING THE CITY MANAGERS REPORT: There was not a report. 15) ADJOURN! MEETING. AT7:32 P.M.THIS! 9TH] DAYOF JANUARY.2024  ATTEST: Wendy Cole City Secretary  APPROVED: Gary Chumley Mayor  P6    Gatesville Spur Capitaloflexas  Other Business:  Agenda Item #6  CITY COUNCIL MEMORANDUM  Date: To: From:  January 23, 2024 Mayor & City Council Scott L. Albert, City Manager  Agenda Item: Discussion and possible action authorizing the City Manager to execute a professional services agreement with Freese and Nichols to perform a ybersecurtlyasesment of the city's SCADA: system.  Information:  According to Cyber Security Review (July 7, 2023), there have been more than 130 control system cyber incidents in Inresponse to the heightened cyber threats, staff recommends conducting a cybersecurity assessment oft the city'sSCADA (Supervisory Control and Data Acquisition) system. SCADA is the software the city uses to manage and control our water Identifying shortcomings in our SCADA: system is a more cost-effective approach to address now, especially as we prepare a water system improvement plan. It is both easier and more cost-effective tot tackle cybersecurity issues during upgrades rather than after. The following items within the water system improvement plan may or may not be influenced by the  water/wastewater utilities. Most of these incidents have occurred in small water utilities.  and wastewater systems.  recommendations from the cybersecurity assessment: Location and installation of servers. Industrial switch selection. Configuration of the network.  Core switch and firewall selections for SCADA cabinets.  Design oft the control system and configuration of Programmable Logic Controller.  Location of a type of operator workstations. Additional hardware and software, including Remote access hardware and software.  Network logging. Computer backup.  Multifactor authentication hardware or software. Demilitarized zone requirements and location. Additional cybersecurity software or hardware as needed.  Itisi important to note that FNI will not provide the detailed design for the SCADA upgrades as part of the Water Improvement study to the extent outlined above. However, having access to these cybersecurity assessment findings will enable us to incorporate the necessary costs for1 the required upgrades in the SCADA upgrade projects.  P7    Financial Impact:  The CIP budget for FY24i includes $362,000 fort the Water System Improvement Plan. The proposal for preparing the water system improvement plan came in at $230,590.000, resulting ina a surplus of approximately $131,000. Staff recommends  setting aside $50,000 from the surplus funds to perform the FNI cybersecurity study.  Staff Recommendation:  The staff recommends that the City Council authorize the City Manager to enter into a professional services agreement  with FNI to MAdaseNy.seneNe with a maximum amount not to exceed $49,769.00.  Motion:  Imove to authorize the City Manager to enter into a Professional Services agreement with Freese & Nichols for the  purposes of conductingaypersecunty assessment oft the City'sutility SCADA system.  Attachments:  FNI professional service agreement.  P8    PROFESSIONAL SERVICES AGREEMENT  STATE OFT TEXAS COUNTY OF CORYELL S parties hereby agree:  5  This Agreement is entered into by City of Gatesville, Texas (Client) and Freese and Nichols, Inc. (FNI). In consideration of FNI providing professional services for Client and Client utilizing these services, the EMPLOYMENT OF FNI: In accordance with the terms of this Agreement, Client agrees to employ and compensate FNI to perform professional services in connection with the Project. The Project is I. SCOPE OFS SERVICES: FNIS shall render professional services in connection with the Project as seti forth in Attachment SC- Scope of Services and Responsibilities of Client which is attached to and made a II. COMPENSATION: Client agrees to pay FNI for all professional services rendered under this Agreement. FNI shall perform professional Basic Services under this Agreement for a lump sum fee IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement, as set forth in Attachment TC - Terms and Conditions of Agreement, shall govern the relationship between the V. GOVERNING LAW; VENUE: This Agreement shall be administered andi interpreted under the laws of the State of Texas. Venue ofanylegal proceeding involvingt this Agreement shall bei in Tarrant County,  described as Cybersecurity. Assessment.  part oft this Agreement. of$ $49,769.00. Client and FNI. Texas.  VI. EFFECTIVE DATE: The effective date of this Agreementi is select date)).  Nothing in this Agreement shall be construed to give any rights or benefits under this Agreement to anyone other than the Client and FNI. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and FNI and not for the benefit of any other party. This Agreement constitutes the entire agreement. between the Client and FNI ands supersedes This Agreement is executed int two counterparts. IN TESTIMONY HEREOF, Agreement executed:  all prior written or oral understandings. CITY OF GATESVILLE, TEXAS  FREESE AND NICHOLS, INC.  By: Name: Title: Date: Attest:  By: Name: Title: Date: Attest:  Professional Services Agreement Rev 07/22  Page 1of1  P9    ATTACHMENTSC  SCOPE OF SERVICES ANDI RESPONSIBILITIES OF CLIENT  PROJECT UNDERSTANDING  Freese and Nichols, Inc. (FNI) understands that the City of Gatesville (City) is seeking professional engineering assistance to perform a cybersecurity assessment of their SCADA: system. This document details the scope of work and feei for Freese and Nichols (FNI) to conduct a cybersecurity assessment of the City of Gatesville (Owner) Utility SCADA Network. The final report willi include recommendations, high-level project descriptions, and cost estimates to improve the cybersecurity posture of the network. Thet tasks below describe how FNI will work with the Owner's IT and SCADA personnel to develop the assessment report. The desired outcomes and deliverables are listed under eachi task.  ARTICLEI the Project: A.  BASIC. SERVICES: FNI shall render the following professional services in connection with the development of  PROJECTN MANAGEMENT FNI shall provide professional services int this phase as follows:  a. Project Kickoff Meeting: FNI will meet with City staff to review scope, project team, and b. Invoicing and Monthly Status Reports: FNI will prepare and submit monthly invoices to the City. FNI will prepare and submit monthly status reports to the City with FNI's monthly invoice. Monthly status reports will comprise a one-page summary of the progress to date on the Project, work completed during the prior month, work anticipated to be completed during the upcoming month, and discussion of any scope, schedule, or budget issues that Project Controls: FNI shall manage scope, time, cost, qualtystaffresources,  schedule of the project via virtual conference call.  may need to be resolved.  communications and risk as necessary.  B.  REQUESTI FOR INFORMATION: FNI shall provide professional services in this phase as follows: a. Request for Information: A document request willl bes submitted to collect information pertaining toi the SCADA network. This information will be used to prepare for the scanning oft the network. The request willi include the following types of documentation: Number and types of PLCS, OITS, and other networked: SCADA equipment  ii. Number of PCs, printers, and other networked devices  iii. Number and types of switches, firewalls, and other networking appliances  iv. IPschemes used on the network  SC-1  P10    V. Adescription of the endpoint protection, intrusion detection, and other network Ifd documentation does not exists, it should not be developed for this project. Thel lack of b. Document Review: The requested documentation willl be analyzed prior to the Business  security applications  documentation will be noted int the report.  Requirements Workshop and reviewed during the workshop.  Desired Outcomes  Information to complete the network and vulnerability: scanning is provided, and upon the  completion of the analysis, the on-site activities are scheduled.  Deliverables RFirequest  C.  WORKSHOPS: FNI shall provide professional services in this phase as follows:  a. Business Requirements Workshop: The purpose oft the workshop is to determine how the different stakeholders use the! SCADA: system, the remote access requirements, and current b. Cybersecurity Evaluation Workshop: This workshop is based around the Division of Homeland Security (DHS) Cybersecurity Evaluation Tool (CSET). The selected controls will be thel National Institute of Standards and" Technology (NIST) SP800-82 and NIST 800-53 requirements. Due to the number of questions, this workshop will be divided intot two 4-  cybersecurity policies and procedures.  hour sessions on consecutive days.  Desired Outcomes requirements. Deliverables  An understanding of the current use oft the SCADA system and remote access and reporting Anunderstanding of the recommended cybersecurity controls and the current implementation.  Business Requirements List, CSET Reports  D. ON-SITE SCANNING: FNI shall provide professional services in this phase as follows:  a. Network Mapping: Each SCADA: subnetwork will be scanned using a network discovery and security auditing tool. The scan will provide information on1 the number and types of network devices and the operating system information on each host. Thei information b. VULNERABILITY: SCANNING: All network appliances (switches, firewalls, etc) and Windows and Linux-based hosts located at each treatment facility will be scanned for vulnerabilities using a vulnerability scanning tool. Limited scanning of printers and PLCs is performed due  gathered in this step will be used for vulnerability scanning.  SC-2  P11    toi the device's inability to support ai full vulnerability: scan. Caution willl be taken during For budgetary purposes the workshops int task 2 and the scanning and mappingi in task 3 will take place during the same trip and limited to treatment facilities to minimize travel costs. On-site scanning does not include penetration testing, remote access scanning, or patching oft the vulnerabilities discovered. FNI is not responsible for device malfunction as a result of  scanning to minimize impact on operations.  vuinerability scanning. Desired Outcomes Deliverables  Ascan of all SCADA networks for mapping and vulnerabilities. SCADA network asset list, vulnerability scan reports  E.  DEVELOP SCADA CYBERSECURITY ASSESSMENT: FNI shall provide professional services int this phase a. Report Development: The results of the on-site scanning will bes summarized in the SCADA Cybersecurity Assessment Technical Memorandum. The report will provide al list of projects to close the gapi in cybersecurity controls identified using the CSET tool and to harden the system from the vulnerabilities discovered during the project. Al high-level scope of work and fee estimate is developed for each project and any project dependencies will ber noted. Review Workshop: Once the draft report is delivered, a City review comment period begins (assumed to be 10 days). Midway through the comment period, a virtual review workshop will be conducted to review the report findings and document additional comments. The final report willl be delivered five days after the end of the comment period.  as follows:  Desired Outcomes those improvements. Deliverables  The Owner understands the recommended cybersecurity improvements and the costs to make SCADA Cybersecurity Assessment Technical Memorandum detailing thei findings and  recommendations to improve cybersecurity.  ARTICLE!I  SPECIAL SERVICES: FNI shall render the following professional services, which are not included in the Basic  Services described above, in connection with the development of the Project:  A. NONE ARTICLEI!I  ADDITIONAL SERVICES: Any services performed by FNI that are noti included in the Basic Services or Special  SC-3  P12    Services described above are Additional Services.  ARTICLEI IV  TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this IfF FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent witht the number of days of delay. These delays mayi include but are not limitedi to delays in Client or regulatory reviews, delays oni the flow of information tol be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face oft this Agreement andi in  Agreement and agrees to complete the services in 45 days from Notice to Proceed.  Attachment CO. ARTICLEV services of FNI: A.  RESPONSIBILITIES OF CLIENT: Client shall perform the following in a timely manner sO as not to delay the  Designate in writing a person to act as Client's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define Client's policies and decisions with respect to FNI'ss services Provide all criteria and full information as to Client's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Client will require to bei included in the drawings and specifications. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as  fort the Project.  B.  C,  required for FNI to perform services under this Agreement.  E.  Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Client deems appropriate for such examination and render in writing decisions pertaining thereto withina Furnish approvals and permits from all governmental. authorities having. jurisdiction over the Project and such approvals and consents from others as may be necessary for completion oft the Project. Provide such accounting, independent cost estimating and insurance counseling services as may be required fort thel Project, such legal services as Client may require or FNI may reasonably request with regard tol legali issues pertainingt toi thel Project inçluding anyt that may ber raised by Contractor(s), such auditing service as Client may require to ascertain how ori for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as Client may require to ascertain that Contractor(s) are complying with anyl law, rule, regulation, ordinance, code or order  reasonable time so as not to delay, or cause rework in, the services of FNI.  F. G.  applicable to their furnishing and performing the work.  SC-4  P13    H.  Give prompt written notice to FNI whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment! SC, Article IlI of this  the work of any Contractor.  . J. ARTICLEVI  Agreement or other services as required.  Bear all costs incident to compliance with the requirements oft this Article V.  DESIGNATED REPRESENTATIVES: FNI and Client designate thei following representatives:  Client's Designated Representative - Scott Albert  City Manager 803 E. Main Street Gatesville, TX76528 Phone: 254-865-8951 Email: alpertegatey/lez.com  Client's Accounting Representative - Mike Halsema  Finance Director 803 E. Main Street Gatesville, TX76528 Phone: 254-220-4546 Email: mhabsemaepHeyletcon  FNI's Designated Representative- Kira lles  Project Manager 10431 Morado Circle Austin, TX7 78759 Phone: 512-617-3189 Email: kira.les@freese.com  FNI's Accounting Representative- - Marissa Mendoza  Lead Operations Analyst 10431 Morado Circle Austin, TX7 78759 Phone: 512-381-1837 Email: Marissa.mendozadoza@freese.com  SC-5  P14    8888  a. 88853  E  0899-  999  b  P15    Gatesville b Spur Capital ofTexas  Other Business:  Agenda Item #7  CITY COUNCIL MEMORANDUM  Date: To: From:  January 23, 2024 Mayor & City Council Scott L. Albert, City Manager  Agenda Item: Discussion and possible action regarding a resolution supporting the submittal of an application  to the Texas Department of Housing and Community Affairs for the 2024 Low Income Housing Tax  Credit Program in relation to the Gatesville Crossing project.  Information:  Trinity Housing Development, the company responsible for constructing the Gatesville Trails age-restricted community at 101 Trails Private Drive (SH 36), seeks support from the City of Gatesville for submitting an application to the Texas Department of Housing and Community Affairs (TDHCA) for the 2024 Low-Income Housing Tax Credit Program, in connection with the Gatesville Crossing project. They are also requesting a minimal financial contribution from the city toward the project, totaling $250.00, which could include the The Gatesville Crossing project envisions a newly constructed community comprising approximately 36-units, and it will not have age restrictions. The units will consist of1, 2, and 3-bedroom options, making it suitable for families. This project will include units subject to tax credit rent and income restrictions, primarily aimed at individuals and families with annual incomes ranging from $26,500 to $50,000. The majority of units will be available fori rent within the rangeofs700t0$1,100, per month. The project'si financing will bei facilitated through 9% Housing Tax Credits. The purchase and development of just 7 of 35 acres of this property along HWY 36 has the potential to open the remaining acreage fronting HWY 36 for future commercial development. Housing Tax Credits arei federally established and allocated at the state level by the Texas Department of Housing and Community. Affairs (TDHCA) through ac competitive process. Developers submit proposed projects to TDHCA, where points are awarded based on location factors, developer experience, and proposed development characteristics. Pre-applications were: submitted in early. January, with full applications tol be submitted on March 1.Ifac development is awarded tax credits, these credits are sold by the developer to syndicators or equity investors. The proceeds from the tax credits are used to finance the equity in the development, allowing the project to carry less debt than a traditional market-rate development, resulting in a smaller mortgage and, The housing tax credit process entails several layers of oversight and compliance, enforced both by TDHCA and equity investors in the projects. Non-compliance with TDHCA's stringent standards jeopardizes a developer's ability to develop housing tax credit communities in Texas. Compliance includes maintaining the building and ensuring that all residents have income qualifications for their units. Furthermore, all adults residing on the property must be on the lease and undergo a criminal background screening and credit check.  waiving or reduction of fees, such as those for a building permit.  consequently, more affordable rents, fostering a mixed-income community.  P16    Financial Impact:  A$ $250.00 impact if the application/project is approved by TDHCA.  Staff Recommendation:  The staff recommends the approval oft the resolution supporting the submission of an application to TDHCA and  a minimal financial contribution from the city toward the project, amounting to $250.00.  Motion:  Imove to approve Resolution No. 2024-06, supporting the submission of an application to the Texas Department of Housing and Community Affairs for the 2024 Low-Income Housing Tax Credit Program concerning the Gatesville Crossing project, along with a financial contribution towards the project from the city not to exceed  $250.00. Attachments: Resolution.  P17    CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS  RESOLUTION NO. 2024-06  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS SUPPORTING GATESVILLE CROSSING, LP'S PROPOSED DEVELOPMENT OF AFFORDABLE RENTAL HOUSING KNOWN AS GATESVILLE CROSSING TO BE LOCATED AT APPROXIMATELY 2909 TX-36 IN THE CITY OF GATESVILLE, CORYELL COUNTY, TEXAS; FINDING AND DETERMINING THIS MEETING WAS OPEN TOTHE PUBLIC AS REQUIRED BYI LAW; AND  PROVIDING AN EFFECTIVE DATE.  WHEREAS, Gatesville Crossing, LP has proposed a development for affordable rental housing known as Gatesville Crossing to be located at approximately 2909 TX-36 in the City of  Gatesville, Texas; and  WHEREAS, thereisaneedi for affordablel housing for CityofGatesville: ecitizens ofmodest WHEREAS, Gatesville Crossing, LP has advised that it intends to submit an application to the' Texas Department ofHousing and Community Affairs for 2024 Low Income Housing Tax  means;  Credit Program funds for Gatesville Crossing; and  WHEREAS, therei is ai requirement for a dei minimus commitment ofd development funding NOW,THEREFORE, BEITRESOLVED BYTHE CITY COUNCIL OFTHE CITY Section 1. The City Council hereby confirms that it supports the proposed Gatesville Crossing development and that this formal action has been taken to put on record the opinion Section 2. The City Council further hereby confirms that the City of Gatesville will provide financial support for the Gatesville Crossing development in the form of waivers and/or reductions of fees otherwise duet to the City regarding the development, with said financial support  by the local political subdivision; OF GATESVILLE, TEXAS:  expressed by the City of Gatesville Texas on the date set forth below.  not to exceed in total Two Hundred, Fifty Dollars and No/100 ($250.00).  Section 3. The City Council hereby authorizes and directs the City Manager and the City Secretary to certify this resolution to the Texas Department of Housing and Community  Affairs.  Section 4. The meeting at which this resolution was passed was open to the public as  required by law.  P18    Section 5. This resolution shall take effect immediately from and after its passage, and it DULY RESOLVED AND ADOPTED by the City Council of the City of Gatesville,  isa accordingly resolved. Texas, this the  day of  2024.  APPROVED:  Gary Chumley, Mayor  ATTEST:  Wendy Cole, City Secretary  APPROVED AS TO FORM: Victoria Thomas, City Attorney 4876-7062-1854, v.1 4876-7062-1854, v.1  P19    Gatesuille Spur Capitaloflexas  Other Business:  Agenda Item #8  CITY COUNCIL MEMORANDUM  Date: To: From:  January 23, 2024 Mayor & City Council Scott L. Albert, City Manager  Agenda Item: Discussion and possible action regarding a resolution supporting the submittal of an application  to the Texas Department of Housing and Community Affairs fori the 2024 Low Income Housing Tax  Credit Program in relation to the Gatesville Terrace project.  Information:  Trinity Housing Development, the company responsible for constructing the Gatesville Trails age-restricted community at 101 Trails Private Drive (SH 36), seeks support from the City of Gatesville for submitting an application to the Texas Department of Housing and Community Affairs (TDHCA) for the 2024 Low-income Housing Tax Credit Program, in connection with the Gatesville Terrace project. They are also requestingaminimal financial contribution from the city toward the project, totaling $250.00, which could include the waiving or The Gatesville Terrace project envisions a newly constructed community comprising approximately 52 units designed for seniors aged 55 and older. This community will be situated west of HWY 36, directly south of the Hillside Medical Lodge, and north of Walgreens. The project will include units subject to tax credit rent and income restrictions, primarily targeting seniors with annual incomes ranging from $26,500 to $45,000. Most units will be available for rent within the range of $700 to $1,100 per month. The project's financing will be Housing Tax Credits are federally established and allocated at the state level by the Texas Department of Housing and Community. Affairs (TDHCA)through: ac competitive process. Developers submit proposed projects to TDHCA, where points are awarded based on location factors, developer experience, and proposed development characteristics. Pre-applications were: submitted in early. January, with full applications tol be submitted on March 1.Ifa development is awarded tax credits, these credits are sold by the developer to syndicators or equity investors. The proceeds from the tax credits are used to finance the equity in the development, allowing the project to carry less debt than a traditional market-rate development, resulting in a smaller mortgage and, The housing tax credit process entails several layers of oversight and compliance, enforced both by TDHCA and equity investors in the projects. Non-compliance with TDHCA's stringent standards jeopardizes a developer's ability to develop housing tax credit communities in Texas. Compliance includes maintaining the building and ensuring that all residents have income qualifications for their units. Furthermore, all adults residing on the property must be on the lease and undergo a criminal background screening and credit check.  reduction oft fees, such as those for al building permit.  facilitated through 9% Housing Tax Credits.  consequently, more affordable rents, fostering a mixed-income community.  P20    Financial Impact:  A $250.00 impact if the application/project is approved by TDHCA.  Staff Recommendation:  The: staff recommends the approval of the resolution supporting the submission ofa an application to TDHCA and a minimal  financial contribution from the city toward the project, amounting to $250.00.  Motion:  Imove to approve Resolution No. 2024-07, supporting the submission of an application to the Texas Department of Housing and Community Affairs fori the 2024 Low-Income Housing Tax Credit Program concerning the Gatesville Terrace project, along with ai financial contribution towards the project from the city not to exceed $250.00.  Attachments:  Powerpoint. Resolution.  P21    o  A  S -  I  M M C N E S  U < 1  P22    3 a o  - a 3 o 5 - E E  T  P23    & E 9 de a D 6 E D e O D a. 0 B 3 ) a A B 8 e E le -  E  a  P24    - o le - e E a e - I 3.  € A M m Z  a  5 3 B E B € <. - 5 1D & a E  P25    E -  L 3  P26    2 G)  6  < U TI  e - & A e o 3  A  P27    B B 3 D 3 3 < Q 3 e  - s m < - m  3  3 a 3 le a &  a I 8 o E 3 0 € 0 8  S A  I  P28    E E  5  0  &  I  a  Z DE 5 - S e Z u 3 a  S E T1  o & -  13 3  &    P29    e Lui S 5 - a a  e S 4 e  P30    - - 0  Z A  P31    DIOLN SHLIN Lutterioh, Ave 4IPLN  1saoujuuay 154 yopeuny 1S441S ISS smaipuy 1S wed 1S eoa aAn  susL 8 1S 46LN $21s1SL N22NdS Szards @ AsuyzN  RiverRd  PHa esoo! 109  eyLa  ulApeys  us SJBA01S U7SIAOTN  POMMRE ? E 9 Mubery  Homet Way ungzN PVIZZN e UI8ZN  VIGZN is VIOEN G uosyoer  di  1S4ES N34Ths Stor  1 S o E m 0 € $ Z Z  P32    CHOPYAGIO  9EA AYMROH  AVANE  m T1 S o m - 0 a - O O 6 Z Z  P33    RER  de  o E - o 2 Z Z  P34    6) E S A T1  8 o. 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WHEREAS, Gatesville Terrace, LP has proposed a development for affordable rental housing for seniors known as Gatesville Terrace to be located at the 300 block of South Hwy 36  Bypass in the City ofGatesville, Texas; and  WHEREAS, thereisaneedi for affordablel housing for CityofGatesville ecitizens ofmodest WHEREAS, Gatesville Terrace, LP has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs for 2024 Low Income Housing Tax  means;  Credit Program funds for Gatesville Terrace; and  WHEREAS, therei is ai requirement for a dei minimus commitment ofdevelopment funding NOW,THEREFORE, BEITI RESOLVED BY' THE CITY COUNCIL OF THE CITY Section 1. The City Council hereby confirms that it supports the proposed Gatesville Terrace development and that this formal action has been taken to put on record the opinion Section 2. The City Council further hereby confirms that the City of Gatesville will provide financial support for the Gatesville Terrace development in the form of waivers and/or reductions of fees otherwise duet to1 the City regarding the development, with said financial support  by the local political subdivision; OF GATESVILLE, TEXAS:  expressed by the City of Gatesville Texas on the date set forth below.  not to exceed ini total Two Hundred, Fifty Dollars and No/100 ($250.00).  Section 3. The City Council hereby authorizes and directs the City Manager and the City Secretary to certify this resolution to the Texas Department of Housing and Community  Affairs.  Section 4. The meeting at which this resolution was passed was open to the public as  required by law.  P44    Section 5. This resolution shall take effect immediately from and after its passage, and it DULY RESOLVED AND ADOPTED by the City Council of the City of Gatesville,  is accordingly resolved. Texas, this the  day of  2024.  APPROVED:  Gary Chumley, Mayor  ATTEST:  Wendy Cole, City Secretary  APPROVED AS TOF FORM: Victoria Thomas, City Attorney 4867-7795-5742,V.1  P45    Gatesuille Spur Capital oflexas  Agenda Item #9 CITY COUNCIL MEMORANDUM Date: To: From:  January 23, 2024 Mayor & City Council Brad Hunt, Police Chief  Cheri Shepherd, Special Events Coordinator  Agenda Item: Update regarding the Eclipse Event on April 8, 2024 including discussion and possible  action regarding temporary: street closures on April6-7,2024, for the BLOCK (out the sun)  PARTY Eclipse Festival.  Information:  The purpose of this discussion is to address a request regarding temporary street closures on April 6-7, 2024, for the BLOCK (out the sun) PARTY Eclipse Festival and also to give an update on the plans for the The request is to close the following streets from 7am on Saturday, April 61 through 6pm on Sunday, April  Eclipse Event on April 8, 2024.  71 to allow vendors and activities to be set up on the following streets: South 6th Street, from Main Street to Leon Street. Leon Street, from South 6th Street to South gth Street. South 7th Street, from Main Street to Bridge Street.  Financial Impact: N/A Staff Recommendation: presented. Motion:  The staff recommends that the City Council approve the request for temporary street closures as  Imake a motion to approve temporary closure of streets as requested for the BLOCK (out the sun) PARTY  Eclipse Festival on April6-7,2024  Attachments: N/A Staff Contacts:  Cheri Shepherd, Special Events Coordinator- GhePeEdPRtEMIet-ON  Brad Hunt, Police Chief bhunteratesyiletx.com  P46    of'Texas  Gatesville Spur Capital Agenda Item # 10  CITY COUNCIL MEMORANDUM  Date: To: From:  January 23, 2024 Mayor & City Council Brad Hunt, Chief of Police  Agenda Item: Discussion and Possible Action to Approve the Second Reading of an Ordinance  regarding Changes to the City Code of Ordinances Regarding Alarm Systems  Information:  As part of the FY 22-23 approved budget, the Gatesville Police Department entered into a contract agreement with PM AM Corporation, to provide automated, online management of alarm permits. Changes and additions to City Ordinance Article III, Alarm Systems, are necessary to meet the requirements of PM AM Corporation and align the practices associated with alarm permitting with the  local law. Financial Impact:  None- -anticipated to save work hours and develop efficiency in management ofa alarm permits, and better  organize police response and fine issuance for non-compliance.  Staff Recommendation:  The staff recommends that the city council approve the second reading of the Ordinance regarding the Motion: - make a motion to approve the second reading of Ordinance 2024-01 regarding changes and  changes and additions to City Ordinance Article III, Sections 14-47 through 14-55. additions to City Code of Ordinances Article III, Sections 14-471 through 14-55.  Attachments: Ordinance 2024-01 Staff Contacts:  Exhibit A- Proposed City Ordinance changes  Cody Lee, Lieutenant, Criminal Investigations Division, Police Department, cee@ratesvlletk.com  Brad Hunt, Chief of Police bhunteratesyiletz.com  P47    Exhibit A ARTICLE III. - ALARM: SYSTEMS  Sec. 14-47.-Definitions.  The following words, terms and phrases, when used int this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm business means any individual, company, partnership, corporation or other entity, which alters, installs, maintains, moves, repairs, replaces, sells, leases, services, or monitors any alarm system that responds to a stimulus characteristic of unauthorized intrusion, fire or medical emergency. Alarm. site means a single premises or location (one street address) served by an alarm system or Alarm. system means an assembly ofe equipment (or a single device, such as a solid-state unit which plugs directly into a 110-volt. ACI line) arranged to signal the presence ofal hazard requiring urgent attention and to which the department is expected to respond. Systems commonly referred to as burglar alarm systems, panic/alert systems, and fire alarms are included. The term "alarms system" does noti include: (1) An alarm installed on a vehicle, unless the vehicle is permanently located at a site; or (2) An alarm designed to alert only the inhabitants ofa premises, which does not have al local Alarm user means the owner, agent or person in control of the premises where an alarm system is Automatic dialing device means an alarm system whicha automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect. Burglar alarm system means an alarm system signaling an entry or attempted entryi into the area  systems that are under the control of one owner.  alarm.  maintained within the city.  protected by the system.  Calendar year shall be measured from January 11 to December 31. Department means the city police department or any authorized agent thereof.  Fire alarm. system means an alarm system signaling the presence or suspected presence ofaf fire int the False alarm means the activation of an alarm system, which is not the result ofe emergency or threat of emergency for which the alarm system was designed to give notice and for whichi the responding police officer finds no evidence ofa any criminal activity or other emergency. The term "false alarm" shall include activation of an alarm system through mechanical or electrical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of their employees or agents. The term "false alarm" shall not include activation which results from any of the following:  area protected by the system.  (1) Alarms caused by an attempted illegal entry of which there is visible evidence, illegal entry or  other demonstrable criminal activity.  P48    (2) Alarms occurring on a repeated basis without apparent cause but where continuous decided effort, in the sole opinion oft the department, is being made jointly by the alarm user and the alarm business used by the alarm user fori installation or servicing, and any other concerned (3) Alarms intentionally caused by a person acting under a reasonable belief that a need exists (4). Alarms followed by an immediate call tot the department canceling the alarm by giving the proper code number prior toi the arrival at the alarm site by the department. (5) Alarms resulting from the servicing of an alarm system by an alarm business when, prior to such repair or service, the alarm user or their agent has, in person, notified the department that the alarm system will be repaired or serviced at the particular date and time coinciding with the (6) Alarms that are activated during periods of severe weather, such as thunderstorms and high  person to correct the malfunction expeditiously.  to call the department.  alarm.  winds, or periods ofv widespread power failure. (Code 2013, $1 14-17(a); Ord. No. 201004,51,3232010,  Sec. 14-48. Permit and fee required.  (a), Al permit shall be required for any business or residential entity to use, operate or cause to (b). A: separate permit application is required for each business or residential alarm site. (c) Any business or residential entity wishing to use, operate, or cause to be used, or operated, an alarm system that was installed before the effective date oft the ordinance from which this article is derived must apply for a permit within 60 days after the effective date of the ordinance (d) An annual, non-refundable fee must be paid upon filing of an application for a new or renewal permit. The permit is valid for a period of 12 months from the date ofi issuance and may be renewed by submitting an updated application and renewal fee to the police department. It ist the responsibility oft the permit holder to submit an application prior to the permit expiration date. The fees for a business/commercial alarm system and for a residential alarm system are as (e) Upon receipt oft the required fee and properly completed application form, the department shall issue a permit unless there is cause to believe the alarm system will not be maintained and operatedi in accordance with this article, or that the applicant will not comply with each provision of the article. Ifi issued, the permit will be affixed in al location at the alarm site as (f) Each permit application shall be upon ai form promulgated by the department and verified by (1)7 The name, address, and telephone number of the applicant, who will bei the alarm user or the authorized representative thereof, and who shall be responsible for1 the  be used or operated, any alarm system within the city.  from which this article is derived.  provided in chapter 18.  prescribed by the department. the applicant and must specify:  proper operation and maintenance of the alarm system;  P49    (2) For each alarm system located att the alarm site, the Classification oft the alarm system (i.e., burglary, robbery, fire) and whether the notification is audible or silent; (3) Any dangerous or special conditions present at the alarm site; and (4) Ifapplicable, the type of business conducted at the alarm site. (g) An alarm permit is non-transferable, and any attempted or purported transfer shall immediately void the permit. At least three days prior to the effective date of any change, the alarm user shall inform the department in writing of any changes that alter information listed on (h). Any materially false or misleading statement made by an applicant on the application for the original issuance or subsequent renewal of a permit shall be sufficient cause for refusal to grant  the permit application. No fee will be assessed for such changes.  ors suspension ofa permit.  (Code 2013, 51 14-17(b); Ord. No. 2010-04, $2, 3-23-2010) Sec. 14-49. -Service fee schedule for false alarms.  (a) All service fees owed by an applicant must be paid before a permit may be issued or (b) No service fee will be charged within any 12-month period for the first five-false alarm (c) A person who is required to obtain a permit shall pay a service fee for each false alarm notification within any 12-month period as described int the following service fee schedule: (1) First five false alarm notifications are free. All subsequent false alarm notifications during this period will be assessed a service fee as provided in chapter 18. (2) For the purposes of determining the service fee set out above, the burden shall be on the permit holder to prove that the activation oft the alarm system was nota af false  renewed. notifications.  alarm.  (d) The Department shall notify the permit holder in writing after each false alarm. (e) The Department shall not consider a false alarm to have occurred unless the police department responds within thirty minutes of the alarm notification and the department determines from an inspection of the interior or exterior of the premises that the alarm was  false.  (Code 2013, 51 14-17(c); Ord. No. 2010-04, 53,3-23-2010)  Sec. 14-50.-Information recorded. following information, ifa available:  The department shall record calls made in response to alarms, including, but not limited to, the  (1) Identification of the permit holder. (2) Identification oft the alarm: site. (3) Arrival time and time call cleared.  P50    (4) Time of day and date.  (5) Physical damage to the structure likely to have caused the alarm. (6) Name of the permit holder's representative on premises, ifany.  (Code 2013, S 14-17(d); Ord. No. 2010.04,94,323.2010)  Sec. 14-51. - Violations.  (a) A person commits an offense ift the person violates by commission or omission any provision (b) A person who is required to have a permit undert this article commits an offense ift the person knowingly operates, or causes or permits to be operated, an alarm system without a current (c) A person whoi is required to have a permit under this artiçle commits an offense ift the person knowingly operates, or causes or permits to be operated, an alarm system during the periodi in  of this article that imposes upon them a duty of responsibility.  alarm permit issued by the department.  which the alarm permit is revoked or suspended. (Code 2013, 51 14-17(e); Ord. No. 2010.04,55,3232010) Sec. 14-52. Revocation and Reinstatement of Permit. The Chief shall revoke an alarm permit if he determines that:  (d) All false alarm invoices shall be due within 30 days from the invoice date.  (A) There is ai false statement in the application for a permit; (B) The permit holder has violated the provisions of this ordinance;  (C) The permit holder has failed to make timely payment ofai false alarm (service) fee assessed  under this ordinance.  Sec. 14-53. Reinstatement of Permit.  A person whose alarm permit has been revoked may have the permit reinstated if the person:  (A) Submits an updated application and paysa permit reinstatement fee in accordance with this (B) Pays all outstanding false alarm (service) fees assessed under this ordinance for which a bill (C) Ar reinstated permit expires the same date on which the original permit would have expired  ordinance; has been issued; had it not been revoked.  Sec. 14-54. Violations; Penalties; Corporations, Partnerships and Other Legal Entities.  (1) A person commits an offense if he operates or causes to be operated an alarm: system within the cityl limits of Gatesville without a valid permit issued under this article.  P51    (2) Aperson commits an offense if he operates an alarm system during the periodi in which the (3) An alarm company, an alarm permit holder, or a person in control ofa ana alarm system, commits an offense if he violates any provision oft this ordinance by either commission of an act that ist forbidden, or omission ofa duty or responsibility imposed upon him by this (4) A person who violates a provision of this ordinance is guilty ofa a separate offense for each day or portion ofa a day during which the violation is committed, continued, permitted. Each offense is a Class CI misdemeanor which is punishable by ai fine of not more than $200 for (5) In addition to prohibiting or requiring certain conduct of individuals, iti is the intent oft this ordinance to hold a corporation, partnership, or other association criminally responsible for acts or omissions performed by an agent acting on behalf oft the corporation, partnership, or  alarm system is revoked.  ordinance.  each conviction.  other association, and within the scope of employment.  Sec. 14-55. Government Immunity and Disclaimer.  (1) Registration of an alarm system is noti intended to, nor will it, create a contract, duty or obligation, either expressed or implied, ofr response.. All liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed. and governmental (2) Byr registering an alarm: system, the permit holdera acknowledges that police response may be based on factors such as: availability of police units, priority of calls, weather conditions,  immunity as provided by lawi is retained.  traffic conditions, emergency conditions staffing levels.  P52    ORDINANCE NUMBER 2024-01  AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS REPEALING ARTICLE Hl, ALARM SYSTEMS, SECTIONS 14-47 THROUGH 14-51, AND ADDING SECTIONS 14-52 THROUGH 14-55, OF THE CODE OF ORDINANCES OF THE CITY OF GATESVILLE; AND  PROVIDING AN EFFECTIVE DATE  BE IT ORDAINED BY the City Council oft the City of Gatesville, Texas as follows:  Article II. Alarm Systems. Sections 14-47 through 14-51 oft the City of Gatesville, Texas Code Article ILAlarm Systems. Sections 14-47 through 14-51, revised, and 14-52 through 14-55, new, are attached as Exhibit A and are hereby adopted and shall be placed into The foregoing Ordinance No. 2024-01 was read the first time January 9, 2024, and passed The foregoing Ordinance No. 2024-01 was read the second time on January 23, 2024,  of Ordinances are repealed.  Article III of the Code of Ordinances of the City of Gatesville. tot the second reading on the 23rd day of January, 2024.  and passed to the third reading on the 13th day of February, 2024.  The foregoing Ordinance No. 2024-01 was read the third time and was passed and adopted as an Ordinance of the City of Gatesville, Texas this 13th day of February, 2024 and will  take effect March 1, 2024. THE CITY OF GATESVILLE, TEXAS  Gary M. Chumley, Mayor  ATTESTED:  Wendy Cole, City Secretary  APPROVED ASTO FORM AND SUBSTANCE Victoria Thomas, City Attorney  P53    2024 February  January 123456 6  March  SMTW TF S SMTWTT S SMTWIE S 7891011 12 13 45678 9 10 345678 8 9 21222324252827 1819 20 212 22 2324 24 25 26 27282930  123 3  1 2  10 11 12 13 14 15 16 17 18 19 20 21 22 23  14 15 16 17 18 19 20 11 12 13 14 15 16 17  28293031 SM  252627/2829  31  April 1234 45 6  May  June  W TF S SM TW TF S SMT W T F S  123 4  1  789101 11 12 13 56789 10 11 234 - 5 67 7 8 21 222 23242 25_2627 19_20 21 22 23 24 25 23242528272829  9 10 11 12 13 14 15 16 17 18 19 20212 22  141 15 16 17 18 19 20 1213 14 15 16 17 - 18  2829 30  26-2728-293031 August  30  July 1 2 3 4 - 56  September  SM1 T W T F S SM T W TF S SMT WTF S 78 91 10111213 46678910 8910.11.12131 14 14 15 16 17 18 19 20 1112 13 14 15 16 17 1516 17 18192021 21 22 23 2425_2627 18 19 20212 22 23 - 24 22232425282728  123 3 123456 7  28 293031  25282728-293031 29_30 November  October 1 2 3 45  December  S M T W T F S SMT W T F S S M T - W T  F S 678 9101112 3456789 891011.1213 14 13 - 14 15 16 17 18 19 10 - 111 12 13 14 15 16 15161 17 181 19 202 21 20212 22 23 24 - 25 26 17 18 19 202 21 22 23 22232 24 25 262728  12 1 23456 7  2728293031  2425-2827282930 293031