Regular City Council Meeting  October 22, 2024  At  Gatesville Council Chamber  110 N. 8th Street  5:30 P.M.    INDEX OCTOBER: 22, 2024 5:30 P.M.  REGULAR CITY COUNCIL MEETING  PAGE1-2-- AGENDA-10-2-2024 CALLTOORDER ANNOUNCEMENT OF QUORUM INVOCATION ANDI PLEDGE OF ALLEGIANCE  CITIZENS/PUBLIC: COMMENTS FORUM: INDIVIDUALS WISHINGTO ADDRESS' THE GATESVILLE CITY COUNCIL MAYI DO sO DURING' THIS SEGMENT. IF YOUINTEND TOCOMMENT ON A SPECIFIC. AGENDA ITEM, PLEASE: INDICATETHE ITEM(S) ON THE SIGN- IN SHEET BEFORE: THE: MEETING. EACH SPEAKER IS ALLOTED A MAXIMUM OF 31 MINUTES FOR THEIR: REMARKS,. AND SPEAKERS AREI EXPECTEDTO CONDUCTTHENSELVES IN Al RESPECTFUL & CIVIL. MANNER. IN ACCORDANCE WITHTHETEXAS OPEN MEETINGS ACT,THE CITY OF GATESVILLE CITY COUNCIL CANNOTDELIBERATE: OR ACT ON ITEMS NOT LISTED ONTHE MEETING. AGENDA.  CONSENT:  PAGE3-11 ALL CONSENT AGENDA ITEMS. ARE CONSIDERED ROUTINE BY' THE  CITY COUNCIL. AND WILLI BEI ENACTED BY. A SINGLE: MOTION. THERE WILLI BEI NO SEPARATE DISCUSSION OF THESEITEMS UNLESSA COUNCILMEMBER REQUESTS. ANI ITEM TO1 BEI REMOVED AND  CONSIDERED SEPARATELY.  RFSOLUTION2D2HIZ: DISCUSSION. ANDI POSSIBLE. ACTION REGARDING RESOLWTION2M2+I: DISCUSSION ANDI POSSIBLE ACTION REGARDING RESOLUTIONZVA1: DISCUSSION ANDI POSSIBLE. ACTION REGARDINGA  APPROVAL OFI MINUTES FROM REGULAR CITY COUNCIL MEETING HELD ON OCTOBER 8, 2024. (HOLLYOWENS) APPROVALG OF FOURTH QUARTER: FY 23-24 INVESTMENT RESOLUTION: DESIGNATING. AN OFFICIAL NEWSPAPER FOR' THE CITY OF GATESVILLE FORI FISCALYEAR: 2025.  REPORT.  (MIKE HALSEMA)  (WENDY COLE)  OTHER BUSINESS:  PAGE12 CITY COUNCIL MEMORANDUM- PRESENTATION REGARDING BELCOR PAGE 13 CITY COUNCIL, MEMORANDUM- DISCUSSION ANDI POSSIBLE ACTION  REGIONAL HABTATCONSERVATION PLAN. (B. HUNT & DIRK. ARON) REGARDING: SCHEDULING ONE REGULAR CITY COUNCIL: MEETINGIN  NOVEMBER, ANDI DECEMBER,2024.  (BRAD HUNT)  PAGE 14-23 CITY COUNCIL MEMORANDUM- DISCUSSIONAND FOSSIBLEACTION  REGARDINGAN: ENGINEERING HOPESIONALSERVICHS AGREEMENT  WITH FREESE & NICHOLS. INC.  (MIKE HALSEMA)  PAGE24-53 CITY COUNCIL MEMORANDUM-DISCUSSION REGARDING ORDINANCE  2024-11, AMENDING THE GATESVILLE CODE OF ORDINANCES BY AMENDING CHAPTER 48- SUBDIVISIONS; PROVIDING A! SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; ANDI PROVIDING FOR AN EFFECTIVE DATE. (1ST READING OF ORDINANCE: 2024-11) (H.OWENS)    PAGE54-60 CITYCOUNCIL MEMORANDUM- DISCUSSION, REGARDING. AN  ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDINGTHE GATESVILLE CODE OF ORDINANCES. AT CHAPTER 10 "BUILDINGSA AND BUILDING REGULATIONS," ARTICLE. II "TECHNICAL CODES,"BY ADDING. AI NEWI DIVISION. 4"PORTABLE BUILDINGS, AND CONTAINERS"; PROVIDING Al PENALTY OFI FINEI NOTTO EXCEED $500; PROVIDINGA SEVERABILITY CLAUSE; PROVIDING, A SAVINGS CLAUSE; AND PROVIDINGI FOR AN EFFECTIVE. DATE. (1ST READING OF ORDINANCE  2024-12)  (HOLLYOWENS)  ADJOURN MEETING    NOTICE (TEX. GOVT CODE CHAPTER 551, SEC. 551.041) AGENDA REGULAR CITY COUNCIL MEETING 5:30P.M GATESVILLE CITY COUNCIL CHAMBERS 1101 NORTHS"STREET, GATESVILLE, TEXAS 76528 OCTOBER 22, 2024  THIS NOTICE: IS POSTED! IN COMPLIANCE WITH1 THE OPEN MEETING ACT  An Open Meeting will be held concerning thet following subjects:  1. Call to Order 2. Quorum check  3. Invocation and Pledge of Allegiance  4. Citizens/Public Comments Forum: Individuals wishing to address the Gatesville City Council may do so during this segment. Ify youi intend to comment on a specific agenda item, please indicate thei item(s) on the sign-in sheet before the meeting. Each speaker is allotted a maximum of3 minutes for their remarks, and speakers are expected to conduct themselves in a respectful & civil manner. In accordance witht the Texas Open Meetings Act, the City of Gatesville City Council cannot  deliberate or act oni items not listed ont the meeting agenda.  CONSENT:  5. All consent agenda items are considered routine by the City Council and will be enacted by a single motion. There will be no separate discussion of these items unless a Councilmember RESOLUTION. 2024-112: Discussion and possible action regarding approval of Minutes from RESOLUTION 2024-113: Discussion and possible action regarding approval of Fourth Quarter RESOLUTION 2024-114: Discussion and possible action regarding a resolution designating  requests ani item tol be removed: and considered separately.  Regular City Council Meeting held on October 8, 2024. (Holly Owens)  FY: 23-24 Investment Report.  (Mike Halsema)  an official newspaper for the City of Gatesville for Fiscal Year 2025.  (Wendy Cole)  OTHER BUSINESS:  6. Presentation regarding BelCor Regional Habitat Conservation Plan. (Brad Hunt & Dirk Aron) 7. Discussion and possible action regarding scheduling one Regular City Council meeting in 8. Discussion and possible action regarding an engineering professional services agreement with 9. Discussion regarding Ordinance 2024-11, amending the Gatesville Code of Ordinances by amending Chapter 48 Subdivisions; Providing a Severability Clause; Providing a Savings Clause; and Providing for an Effective Date. (1st reading of Ordinance 2024-11) (Holly Owens) 10. Discussion regarding an Ordinance oft the City Of Gatesville, Texas, amending the Gatesville Code Of Ordinances at Chapter 10' "Buildings And Building Regulations," Article II "Technical Codes," by adding a new Division 4' "Portable Buildings And Containers", Providing al Penalty of Fine not to Exceed $500; Providing a Severability Clause; Providing a Savings Clause; And Providing for an Effective Date. (1st reading of Ordinance 2024-12)  November and December, 2024. Freese & Nichols Inc.  (Brad Hunt) (Mike Halsema)  (Holly Owens)  P1    11. Adjourn Meeting  I hereby attest that the above agenda was posted on this the 18th day of October, 2024 by 5:00 p.m. ont the official City of Gatesville website, www.gatesillelzcom, and the official bulletin boards at the Gatesville City Hall, 803 E. Main Street and Gatesville Council Chambers, 110 N. 8th Street,  Gatesville, Texas. Cs Holly Oweps City Secretary  The City of Gatesville council chambers are wheelchair accessible and accessible parking spaces are available att the back entrance of City Hall. Requests for accommodations or interpretive services must be made 24 hours prior to this meeting. Please contact the city secretary's office at 254-865-8951 or FAX 254-865-8320, As authorized by section 551.071 of the Texas Government Code, this meeting may be convened into closed, executive session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item herein. The City of Gatesville reserves the right to reconvene, recess, or realign the regular session or called executive session or order of business as set forth on the  or email oens@gateswlerx.comt for further information.  agenda at any time priori to adjournment.  P2    CITY COUNCIL MEETING OCTOBER 8,2024 5:30P.M.  COUNCIL CHAMBERS, 110NORTH 8TH STREET,  GATESVILLE, TEXAS 76528  AN OPEN MEETING WAS HELD CONCERNING THE FOLLOWING SUBJECTS:  1) CALL TO ORDER REGULAR CITY COUNCIL MEETING AT 5:31 P.M. THIS 10TH DAY OF 2) QUORUM CHECK/COUNCIL PRESENT: Mayor Pro-Tem Meredith Rainer, Councilmembers CITY STAFF PRESENT: City Manager Brad Hunt, City Secretary Wendy Cole, City Secretary Holly Owens, Deputy City Manager/Finance Director Mike Halsema, Parks & Recreation Director Seth OTHERS: Yvonne Williams with Gatesville Chamber, Travis VanBibber, Diana Barnett, David Scott, Gatesville Messenger Staff Writer Alex Meelbusch, and Hill Country Transit District, Tony Austin and 3) INVOCATION: Councilmember Casey and PLEDGE OF ALLEGIANCE: Led by Meredith Rainer. 4) CITIZENS/PUBLIC COMMENTS FORUM: INDIVIDUALS WISHING TO ADDRESS THE GATESVILLE CITY COUNCIL MAY DO SO DURING THIS SEGMENT. IF 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 ALLOTED A MAXIMUM OF 3 MINUTES FOR THEIR REMARKS, AND SPEAKERS ARE EXPECTED TO CONDUCT THEMSELVES IN A RESPECTFUL MANNER. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE CITY OF GATESVILLE CITY COUNCIL CANNOT DELIBERATE OR  SEPTEMBER 2024.  Barbara Burrow, Greg Casey, and Aaron Smith.  Phillips, Library Director Sheal Harp, and Interim Police ChiefGeorg Cleverley.  Darrell Burtner.  ACT ONI ITEMS NOTLISTED ON' THE MEETING AGENDA.  Yvonne Williams, Chamber ofCommerce, updated the Council on up-and-coming events.  5) ALL CONSENT AGENDA ITEMSS ARE CONSIDERED ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY A SINGLE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNCILMEMBER REQUESTS AN ITEM TO RESOLUTION2 2024-106: Discussion and possible action regarding approval of Minutes from  BE REMOVED AND CONSIDERED SEPARATELY.  Regular City Council Meeting held on September 24, 2024.  (Holly Owens) (Mike Halsema)  RESOLUTION2 2024-107: Discussion and possible action regarding August 2024 Financials.  P3    CITY COUNCIL MEETING OCTOBER 8, 2024 PAGE2  RESOLUTION 2024-108: Discussion and possible action to approve a proclamation honoring CONSENT AGENGA: Motion by Greg Casey, seconded by Barbara Burrow to approve the Consent  Dale and Laura White.  (Wendy Cole)  Agenda as written. All four voting "Aye", motion passed.  OTHER BUSINESS:  6) PRESENTATION FROM TONY AUSTIN, DIRECTOR OF RURAL OPERATIONS OF THE Tony Austin and Darrell Burtner gave a presentation on the Hill Country Transit District (the Councilwoman Burrow asked how the non-emergency transport from the hospital is conducted. Mr. Austin stated non-emergency rides to and from the hospital are required to go through a broker provided Councilwoman Burrow asked about liability for people leaving the hospital. Mr. Austin stated if the driver is asked to sign for a client, the driver is instructed to not sign on behalf of the client and to not Mayor Pro-Tem Rainer asked about the technology barrier for senior citizens. Mr. Austin stated that  HILL COUNTRY TRANSIT DISTRICT, REGARDING1 THE HOP SERVICES.  presentation was made part of the permanent record oft the Council Book).  by the hospital.  pick up the ride.  dispatch is still available to accept phone calls.  No action was taken.  7) DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM THE GATESVILLE CHAMBER OF COMMERCE REGARDING TEMPORARY STREET  CLOSURES FOR THE CHRISTMAS PARADE.  (Mason Matthews)  Yvonne Williams, Chamber of Commerce came forward to answer questions.  Mayor Pro-Tem Rainer asked what a soft closure was. Ms. Williams stated a soft closure is a temporary closure ofa collector street (e.g. Lutterloh) from an arterial road (e.g. Main/Hwy 84) during the parade. Mr. Hunt clarified that a soft closure is slowed down with a possible detour and a hard closure is stop Councilwoman Burrow asked if the traffic was still passible running east and west. Ms. Williams stated  and turn around.  that traffic would be stopped, and the road fully blocked off for the parade.  P4    CITY COUNCIL MEETING OCTOBER 8, 2024 PAGE3  Mayor Pro-Tem Rainer asked what the parade times were. Ms. Williams stated the parade starts at 10 Ms. Williams added that Chief Cleverley requested volunteers on Lutterloh to keep the float traffic RESOLUTION 2024-109 CHRISTMAS PARADE ROUTE AND CLOSURE: Motion by Greg Casey, seconded by Aaron Smith to approve the road closure as described. All four voting "Aye", motion 8) DISCUSSION AND POSSIBLE ACTION REGARDING THE CLOSURE OF SHADY LANE BETWEEN BRIDGE STREET AND WREN CIRCLE DUE TO TRAFFIC SAFETY CONCERNS, AND TO ALLOW PUBLIC WORKS CREWS TO REPAIR THE BRIDGE AND Councilwoman Burrow asked how the street would be closed. Mr. Hunt stated gates would be put up on Lovers Lane. These gates would serve two purposes: closure while the repairs are being made and as Mayor Pro-Tem Rainer clarified that the goal is to re-open the street. Mr. Hunt stated yes, once all three Councilman Casey requested the area be cleaned up, specifically trim the trees. Mr. Hunt agreed. Councilwoman Burrow asked ifthe City has the legal right to make the repairs. Mr. Hunt stated the City  a.m. and will continue until it ends.  moving.  passed.  ADJACENT WATER AND SEWER LINES.  (Brad Hunt)  flood gates during flooding events.  issues have been resolved: the waterline and bridge repairs and the ownership.  has ai right-of-way easement for the waterline and only the bridge is in question. Counciwoman Burrow asked ifthe residents will be notified. Mr. Hunt stated yes.  RESOLUTION 2024-110 SHADY LANE CLOSURE: Motion by Barbara Burrow, seconded by Greg Casey to approve the closure of Shady Lane between Bridge Street and Wren Circle, to address safety concerns and allow for necessary repairs of the bridge and adjacent water/sewer lines. All four voting 9) DISCUSSION REGARDING AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES BY AMENDING SECTION 18-7A; SCHOOL ZONES; DESIGNATING SCHOOL ZONES; ESTABLISHING THE PRIMA FACAE SPEED LIMIT; AMENDING EFFECTIVE TIME PERIODS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. (3RD  "Aye", motion passed.  READING OF ORDINANCE 2024-10)  (Brad Hunt)  P5    CITY COUNCIL MEETING OCTOBER 8, 2024 PAGE4  ORDINANCE 2024-10 -03 SCHOOL ZONE AMENDMENT: Motion by Greg Casey, seconded by Aaron Smith to approve Ordinance 2024-10 adopting and designating school zones, Chapter 54, Section 6, of the City of Gatesville Code of Ordinances on the third and final reading. All four voting "Aye", 10) DISCUSSION AND POSSIBLE ACTION TO APPROVE A CONTRACT WITH G2 GENERAL CONTRACTORS FOR REMEDIATION SERVICES OF THE GATESVILLE PUBLIC Mayor Pro-Tem Rainer asked if the quote included the removal, the cleaning, and the replacement back into the library. Mr. Halsema stated the quote is only for the removal, cleaning, and storage during the Councilwoman Burrow asked how long the storage containers would be stored at the library. Mr. Halsema stated the remediation process takes five business days; however, the removal of items will take a few weeks. Once the remediation is done, Staff will bring back a second proposal to remodel and Mayor Pro-Tem Rainer asked if the proposal included putting everything back. Councilman Casey stated it costs $50,000 to break it down and remove and will probably cost an additional $50,000 to reassemble and put everything back. Mr. Halsema stated he is not sure oft the cost for the: reassemble and Councilwoman Burrow asked why the project is piecemealed. Councilman Casey agreed. Most proposals include removal and replacement. Mr. Halsema stated the contractor did not want to give a Mayor Pro-Tem Rainer asked ifany of this is covered by insurance. Mr. Hunt stated he is working with the city attorney to arbitrate TML's decision and FEMA has visited the site too. Hopefully, the City will get appropriately reimbursed. Mr. Hunt also addressed the question about the split of services. Councilwoman Burrow clarified that cleaning the shelves is part oft the remediation. Mr. Hunt stated yes. Mr. Halsema continued to state once G2 is finished with the remediation, they will give the City a quote Councilwoman Burrow asked who the project manager was. Mr. Hunt stated himself, Mr. Halsema,  motion passed.  LIBRARY.  (Mike Halsema)  remediation.  repair.  replacement, but the assessment is most likely correct.  quote until they fully understood the scope oft the work with the drywall and paint.  Remediation and rehabilitation are considered two separate projects.  for the rehabilitation.  Shae Harp, and Miguel Gamez.  P6    CITY COUNCIL MEETING OCTOBER 8, 2024 PAGE5  Councilman Casey stated he used to do this type of work and has used the same program to give quotes, and it usually includes remove and replace in the quote. The program figures in the square footage and RESOLUTION 2024-111 G2 GENERAL CONTRACTORS: Motion by Barbara Burrow, seconded by Aaron Smith to approve the City Manager to execute contract, pending legal review with G2 General Contractors for library remediation services not to exceed $55,229.90. All four voting "Aye", motion  what needs tol be replaced and the quote can bei modified as needed during thej job.  passed.  11) City Manager. Report  City Manager, Brad Hunt gave a presentation on the ongoing projects and initiatives with the City of Gatesville (the presentation wasi made part of thej permanent record ofthe Council Book). Counciwoman Burrow asked about the infrastructure below the streets during the presentation covering the paving projects. Mr. Hunt stated if public works are only milling and overlaying (i.e. removing the top layer of asphalt from ai road and replacing it with a new layer), then staff do not have to worry about Councilwoman Burrow expressed concern about fixing the top now, only to break it up later to fix what is below which seems like double the work. Mr. Hunt agreed but explained that $6,000 will overlay one Councilwoman Burrow asked about commercial brush drop off. Mr. Hunt clarified that the drop off Councilwoman Burrow asked if code enforcement also addresses commercial property. Mr. Hunt stated Mayor Pro-Tem Rainer asked why the drawing competition is limited to the high school regarding the new logo ideas. Mr. Hunt stated the high school has an art department to facilitate the level of artwork Mayor Pro-Tem Rainer requested Mr. Hunt to elaborate more on the building owned by the City and located next door. Mr. Hunt explained that staff had planned to have the library move into the space next door, but before that move, staff had the space tested for mold too. The space has high levels of mold  the pipes 2-ft. down.  city block and make the road drivable which is more financially feasible at this time.  service is for Gatesville residents only.  yes.  needed for there-brand.  and is not habitable. EXECUTIVE SESSION:  12) The City Council oft the City of Gatesville will convene into a closed Executive Session pursuant to Texas Government Code section 551.074 (Personnel Matters) to deliberate the appointment,  P7    CITY COUNCIL MEETING OCTOBER 8, 2024 PAGE6  employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or  employee, to wit: City Judge and City Prosecutor. City Council entered Executive Session at 7:361 p.m.  13) END EXECUTIVE SESSION. AND RECONVENE REGULAR MEETING--  City Council reconvened at 7:54 p.m. EXECUTIVE SESSION.  14) DISCUSSION AND POSSIBLE ACTION RESULTING FROM DELIBERATIONS IN  There was no discussion and no action taken. 15) ADJOURN MEETING City Council adjourned at 7:54 p.m.  P8    P9    Gatesville Spur CapitalorTesas  CONSENT AGENDA: Resolution 2024-114 CITY COUNCIL MEMORANDUM  Date: To: From:  October 22, 2024 Mayor & City Council Wendy Cole, City Secretary  Agenda Item: Discussion and possible action regarding a Resolution designating an official  newspaper for the City of Gatesville for the Fiscal Year 2025  Information:  The Gatesville Messenger has always been the newspaper that the City of Gatesville has used to publish City Notices, Ordinances, or any other matter required tol be published. Itis required by Local Government Code Chapter 52; Section 52.004 that cities must designate an official newspaper to publish required ordinances and notices as soon as practical after the The City of Gatesville's Fiscal Year 2025 begins on October 1, 2024 and ends on September 30,  beginning of each fiscal year.  2025. Financial Impact: N/A  Staff Recommendation:  Approve Resolution 2024-114 designating the Gatesville Messenger as the official newspaper of  the City of Gatesville for Fiscal Year 2025  Motion:  Imake the motion to approve Resolution No. 2024-114, designating the Gatesville Messenger as  the official newspaper of the City of Gatesville for Fiscal Year 2025.  Attachments: Resolution No. 2024-114 Staff Contacts:  Holly Owens, City Secretary- owenserateylet.com Wendy Cole, City Secretary- wcole@ratesvletx.com  P10    RESOLUTION 2024-114  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, DESIGNATING THE GATESVILLE MESSENGER AS THE OFFICIAL NEWSPAPER OF THE CITY OF GATESVILLE, TEXAS FOR FISCAL YEAR 2025; AND PROVIDING AN  EFFECTIVE DATE  WHEREAS, Section 52.004 of the Local Government Code provides that the City Council shall, as soon as practical after the beginning of each municipal year, designate a public newspaper of WHEREAS, the City Council of the City of Gatesville desires to officially designate the official  the city to be the official newspaper until another is selected; and public newspaper of the City for Fiscal Year 2025;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF  GATESVILLE, TEXAS:  SECTION 1: The City Council of the City of Gatesville hereby designates The Gatesville Messenger, a public newspaper in and of the City of Gatesville, Coryell County, Texas, as the official newspaper of said City, the same to continue as such until another is selected, and shall cause to be published therein all ordinances, notices and other matters required, by law or by  ordinance to be published.  SECTION 2: This resolution shall become effective immediately upon its passage.  PASSED AND. APPROVED THIS 22ND DAY OF OCTOBER, 2024.  THE CITY OF GATESVILLE, TEXAS  Gary Chumley, Mayor  ATTEST:  Holly Owens, City Secretary  P11    Gatesville Spur Capitaloflesas  Agenda item #6 Date: To: From:  CITY COUNCILMEMEMORANDUM  October 22, 2024 Mayor & City Council Bradford Hunt, City Manager Conservation Plan  Agenda Item: Presentation and Information Regarding the Bell-Coryell Regional Habitat  Information:  Guest speaker Dirk. Aron, Project Manager, will give an update presentation on efforts relating to the Bell -Coryell Regional Habitat Conservation Plan (BELCOR RHCP'). Bell County, Coryell County, and several regional partners are working together to develop a Regional Habitat Conservation Plan (RHCP) tol balance economic development and resource conservation by protecting habitat for federally listed species in these two counties. Communities in these two counties are concerned about balancing management ofj population growth and development activities with conservation of several endangered and threatened species. Current and future development activities in the two counties over the: next 30 years have the potential to impact As successful RHCP will directly improve the ability oft the region to sustain these vital economic drivers ofthe local economy without costly delays related to compliance with the Endangered  federally listed species.  Species Act (ESA) and will provide certainty in the future.  Staff] Recommendation:  N/A Motion: N/A  Attachments: N/A  Staff Contacts: Bradford Hunt, City Manager = Dhuntqgatesylletx.con  P12    Gatesville Spure Capital lofTexas  Agenda item #7 Date: To: From:  CITYCOUNCILMEMORANDUM  October 22, 2024 Mayor & City Council Bradford Hunt, City Manager meeting in November and December.  Agenda Item: Discussion and possible action regarding scheduling one Regular City Council  Information:  The City ofC Gatesville's Charter states that the City Council shall hold at least one Regular Meeting eachi month although the Council has called for Regular Meetings to be held on the 2nd In thej past the City has held only one meeting during the month ofNovember and December  and 4th Tuesdays of every month. (Article 3, Section 3.09)  because oft the holidays.  Election Day this year is Tuesday, November: 5, 2024. Veteran'sl Day is Monday, November 11, 2024. tor report the official results of the election.  The City ofGatesville and Coryell County/ Election Administrator's office will be closed to observe the Veteran's Day holiday which puts a time restraint on the meeting oft the ballot board The official election canvass period is November 8th through November 19th and the completed canvass report is scheduled to be delivered to the City Secretary by end of day on November  13th.  Staff Recommendation:  The staff recommends that the City Council approve holding only one: regular meeting in November and December: Thursday, November 14, 2024 and Tuesday, December 10, 2024. Scheduling the November meeting on the 14th will allow the Council to canvass the votes,  administer the oaths of office and issue the certificates of election.  Motion:  Imake the motion to approve scheduling one regular city council meeting in November and  December: Thursday, November 14, 2024 and Tuesday, December 10, 2024.  Attachments: N/A  StaffContacts: Bradford Hunt, City Manager-bhunt@gatesvilletx.com  P13    Gatesville Spur Capitalofliexas  Agenda Item #8  CITY COUNCIL MEMORANDUMI  Date: To: From:  October 22, 2024 Mayor & City Council Mike Halsema, Deputy City Manager agreement with Freese & Nichols Inc.  Agenda Item: Discussion and possible action regarding an engineering professional services  Information:  In December of 2023, a professional services agreement not to exceed $50,000 was entered into with Freese & Nichols for on-call water, sewer, drainage, and facilities engineering services. In. June of 2024, an amendment to the on-call engineering agreement was approved for $30,000. We are nearing the limit of thel last amendment. The agreement before yout tonight is a new contract for FY25 for $50,000 for on- call engineering services. Staff has identified possible Capital Improvement Projects (CIP) for the upcoming  year that are in need of engineering estimates.  Financial Impact: Motion: $50,000. Attachments:  Engineering costs of $50,000, primarily for water, sewer and drainage projects.  Imake a motion to approve the on-call engineering services agreement with Freese & Nichols Inc. for  FNI On call Engineering servicesa agreement.  Staff Contacts:  Mike Halsema, Deputy City Manager halemaerateyilecon  P14    PROFESSIONAL SERVICES AGREEMENT  STATE OF TEXAS COUNTYOF CORYELL $  S  This Agreement is entered into by City of Gatesville, Texas (City) and Freese and Nichols, Inc. (FNI). In consideration of FNI providing professional services for City and City utilizing these services, the parties EMPLOYMENT OF FN!: In accordance with the terms of this Agreement, City agrees to employ and compensate FNI to perform professional services in connection with the Project. The Project is II. SCOPE OFSERVICES: FNIS shall render professional services in connection with thel Project as: set forth in Attachment SC- Scope of Services and Responsibilities of City which is attached to and made a Il. COMPENSATION: City agrees to payl FNI for all professional services rendered under this Agreement for time and materials in accordance with Attachment CO - Compensation which is attached and made a part of this Agreement. FNI shall perform professional services under this Agreement for a IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement, as set forth in AttachmentTC-Terms and Conditions of Agreement, shall govern the relationship between the City V. GOVERNING LAW; VENUE: This Agreement shall be administered andi interpreted under the laws of the State of Texas. Venue of any legal proceedingi involving this Agreement shall be in Coryell County, Nothing in this Agreement shall be construed to give any rights or benefits under this Agreement to anyone othert thani the City and FNI. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and FNI and not for the benefit of any other party. This Agreement constitutes the entire agreement between the City and FNI and supersedes all prior This Agreement is executed in two counterparts. IN TESTIMONY HEREOF, Agreement executed:  hereby agree:  described as On-Call Engineering and Professional Services.  part of this Agreement.  not to exceed fee of $50,000.00.  and FNI. Texas.  VI. EFFECTIVE DATE: The effective date of this Agreement is  written or oral understandings. CITY OF GATESVILLE, TEXAS Name: Bradford Hunt Title: City Manager Date: Attest:  FREESE AND NICHOLS, INC. Name: Anne Hoskins Title: Principal/Vice President  By:  By:  Date: Attest:  Professional Services Agreement Rev 07/22  Page 1of1  P15    ATTACHMENT: SC  SCOPE OF SERVICES AND RESPONSIBILITIES OF CLIENT  ROJECTUNDERSTANDNG  Freese and Nichols, Inc. ("FNI") is engaging with the City of Gatesville, Texas ("CITY") to provide Engineering  and Professional Services in an on-call capacity, as requested byt the CITY.  ARTICLEI  BASICSERVICES: FNI will provide the following services, at the CIy'srequest.  A.  FNI shall provide on-call engineering and professional services including, but not limited to, Water/Wastewater Engineering, Stormwater Engineering, Facilities Engineering, Transportation Engineering. Assignments from the City will be as needed and will be executed as Task Authorizations tot this Agreement. Details concerning the specific Scope of Services, Budget, and! Schedule fori individual assignments will bei included int the Task Authorization. FNI will provide a concise, one-page monthly report to CITY of all active Projects (in at format to be  B. ARTICLEII  mutually agreed-to).  ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by CITY, which are not included in the above-described recurring services, are described below. Such efforts will be on specific request and detailed scoping to which FNI will respond with an estimate of level of effort and cost, and may  be conducted as a separate contract if necessary.  A.  Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Preparing statements fori invoicing or other documentation for billing other thant for the standard  CITY.  B. ARTICLEI III  invoice for services attached to this professional services agreement.  TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to provide services for a duration of time mutually agreed upon by the CITY and FNI.  ARTICLEIV services of FNI:  RESPONSIBILITIES OF CLIENT: CITY shall perform the following in a timely manner sO as not to delay the A. Designate in writing a person to act as CITY's representative with respect to the services to be rendered undert this AGREEMENT. Such person shalll have contractauthontytotransmitinstructions,  SC-1 P16    receive information, interpret and define CITY's policies and decisions with respect to FNI'sservices Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to the Project. FNI will review and inform CITY of any Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as CITY deems appropriate for such examination and render in writing decisions pertaining thereto within a D. Give prompt written notice to FNI whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of this AGREEMENT or other services as  for the Project.  B.  other needed data and documentation to complete requested tasks.  C.  reasonable time so as not to delay the services of FNI.  required.  E. ARTICLEV  Bear all costs incident to compliance with the requirements of this Article IV.  DESIGNATED REPRESENTATIVES: FNI and Client designate thei following representatives:  Client's Designated Representative - Bradford Hunt  City Manager 803 E. Main Street Gatesville, TX76528 Phone: 254-865-8951 Email: bhunt@gatesulletxcom  Client's Accounting Representative - Mike Halsema  Finance Director 803 E. Main Street Gatesville, TX76528 Phone: 254-220-4546 Email: mabeePHEVIEAco  FNI's Designated Representative- = Kira lles  Project Manager 10431 Morado Circle Austin, TX78759 Phone: 512-617-3189 Email: Kira.les@freese.com  FNI's Accounting Representative- Marissa Mendoza  SC-2  P17    Lead Operations Analyst 10431 Morado Circle Austin, TX78759 Phone: 512-381-1837 Email: Marissa.mendozadoza@freese.com  SC-3  P18    COMPENSATION  ATTACHMENT CO  Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the following Schedule of If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before  Charges.  proceeding. Additional Services shall be computed based on1 the following Schedule of Charges.  Hourly Rate Min 96 123 136 157 221 242 113 119 143 170 204 272 79 99 126 126 85 102 147 72 82 102 55  Position Professional1 Professional2 Professional3 Professional4 Professional5 Professional6 Construction Manager 1 Construction Manager 2 Construction Manager 3 Construction Manager 4 Construction Manager5 5 Construction Manager 6 Construction Representative 1 Construction Representative 2 Construction Representative: 3 Construction Representative 4 CADTechnidam/Desgmerl CADTechntam/Desgner2 CADTechntim/Desgners Corporate Project Support1 1 Corporate Project Support2 Corporate Project Support3 Intern /Coop Rates forl In-House! Services and Equipment Mileage Standard IRSF Rates Technology Charge $8.50p per hour  Max 167 191 300 344 385 453 153 191 194 242 286 337 85 113 181 181 116 187 238 150 211 310 92  Bulk Printing and Reproduction Large Format (pers sq. ft.) Bond Glossy/ /Mylar Vinyl/ Adhesive Mounting (pers sq. ft.) $2.00 Binding (per binding)  Equipment  B&W Color Valve Crew Vehicle (hour) $0.25 $0.75 Microscope (each) $0.75 $1.25 Pressure Recorder (per day) $1.50 $2.00 Ultrasonic Thickness Guage (perc day) $275  $75 $200 $150 $100 $500 $1,000 Survey Grade Standard $200 $100 $150 $50  Small Format (perc copy) $0.10 $0.25 Pressure Datal Logger (each)  Water Quality Meter (perc day) $100 Coating Inspection Kit (perc day) $275 Flushing/Cfactor (each) Backpack Electrofisher (each) Drone (per day) GPS (per day)  $0.25  OTHER DIRECT EXPENSES:  Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of1.15. For Resident Representative services performed by non-FNI employees and CAD: services performed In- house by non-FNI employees where FNI provides workspace and equipment to perform such services, theses services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing  thes same ors similar services. 340082023  Theser ranges and/or rates willl be adjusted annuallyi inl February. Last updated 2023.  P19    TERMS AND CONDITIONS OF AGREEMENT  1. DEFINITIONS: As used herein: (1) Cityr refers to the party named as such in the Agreement between the City and FNI; (2) FNI refers to Freese and Nichols, Inc., its employees and agents, and its subcontractors and their employees and agents; and (3) Services refers to the professional services 2. INFORMATION FURNISHED BY CITY: City will 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. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings, specifications, or other information furnished by City. To the fullest extent permitted by law, City agrees to indemnify and hold FNI harmless from any and all claims and judgments, and all losses, costs, and expenses arising therefrom. FNI shall disclose to City, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications, or other information furnished by City to FNI that FNI may 3. STANDARD OF CARE: FNI will perform all professional services under this Agreement with the professional skill and care ordinarily provided by competent members of the subject profession practicing under the same or similar circumstances and professional license as expeditiously as is prudent considering the ordinary professional skill and care of a competent member of the subject profession. FNI makes no warranties, express or implied, under this Agreement or otherwise, in 4. INSURANCE: FNI shall provide City with certificates of insurance with the following minimum  performed by FNI pursuant to the Agreement.  reasonably discover in its review and inspection thereof.  connection with any Services performed or furnished by FNI.  coverage:  Commercial General Liability $2,000,000 General. Aggregate Automobile Liability (AnyAuto) $1,000,000 Combined. Single Limit  Workers' Compensation As required by Statute Professional Liability $3,000,000 Annual Aggregate  5. CHANGES: City, without invalidating the Agreement, may order changes within the general scope of Services required by the Agreement by altering, adding, and/or deducting from the Services to be performed. If any such change under this clause causes an increase or decrease in FNI's cost or time required for the performance of any part of the Services, an equitable adjustment will be made by FNI will make changes to the drawings, specifications, reports, documents, or other deliverables as requested by City. However, whens such changes differi from prior comments, directions, instructions, or approvals given by City or are due to causes not solely within the control of FNI, FNI shall be entitled to additional compensation and time required for performance of such changes to the 6. OPINION OF PROBABLE CONSTRUCTION COSTS: No fixed limit of project construction cost shali be established: as ac condition of the Agreement, unless agreed upon in writing and: signed by the parties hereto. If a fixed limit is established, FNI shall be permitted to include contingencies for design, bidding, and price escalation in the construction contract documents to make reasonable adjustments int the scope of the project to adjust the project construction cost tot thet fixed limit. Such contingencies may include bid allowances, alternate bids, or other methods that allow FNI to  mutual agreement and the Agreement willl be modified in writing accordingly.  Services authorized under this Agreement.  Attachment TC Revo 07/23  Page1 1of4  P20    determine what materials, equipment, component systems, and types of construction are to be included in the construction contract documents. Fixed limits, ifany, shall bei increased by the same amount as anyi increase ini the contract price after execution of the construction contract. FNI will furnish an opinion of probable construction or program cost based on present day pricing, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions, and utilitarian considerations of operations andi maintenance costs prepared by FNI hereunder willl be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. Iti is recognized, however, that FNI does not have control over the cost of labor, material, equipment, or services furnished by others or over market conditions or contractors' methods of determining prices. Accordingly, FNI cannot and does not warrant or represent that bids or costp proposals will not varyfr from the City'sp project budget ort from any estimate or opinion of probable construction or program cost prepared by or agreed to by FNI. 7. PAYMENT: Progress payments may ber requestedl by FNII based ont the amount of Services completed. Payment for Services shall be due and payable upon submission of a statement for Services to City andi in acceptance of Services as satisfactory by City. Statements for Services shall not be submitted more frequently than monthly. Any applicable taxes imposed upon the Services, expenses, and charges by any governmental body after the execution of this Agreement will be added to FNI's If City fails to make any payment due FNI for Services, expenses, and charges within 30 days after receipt of FNI's statement for Services therefore, the amounts due FNI will bei increased at the rate of 1 percent per month from said 30th day, and, in addition, FNI may, after giving 7 days' written notice to City, suspend Services under this Agreement until FNI has been paidi in full for all amounts IfFNI's Services are delayed or suspended by City or are extended for more than 60 days through no fault of FNI, FNI shall be entitled to equitable adjustment ofr rates and amounts of compensation to reflect reasonable costsi incurred by FNIi in connection with such delay or suspension: and reactivation and the fact that thei time for performance under this Agreement has been revised. 8. OWNERSHIP OF DOCUMENTS: All drawings, reports, data, and other project information developed int the execution of Services provided under this Agreement shall be the property of City upon payment of FNI's fees for Services. FNI may retain copies for record purposes. City agrees such documents are noti intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by FNI, will be at the City's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants. To the fullest extent permitted by law, City shall indemnify and hold harmless FNI and FNI's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data, and other project information int the execution of Services provided under this Agreement in FNI's other activities.. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to City, and FNI shall indemnify and hold harmless City from all claims, damages, losses, and expenses including reasonable attorneys' fees arising out of or resulting therefrom.  compensation.  duet for Services, expenses, and charges.  Attachment TC Rev 07/23  Page 2 of4  P21    9. TERMINATION: Thec obligation to provide! Services under this Agreement may be terminated bye either party upon 10 days' written notice. In the event of termination, FNI will be paid for all Services rendered and reimbursable expenses incurred to the date of termination and, in addition, all 10. CONSTRUCTION REPRESENTATION: If required by the Agreement, FNI will furnish construction representation according to the defined scope for these Services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the construction contract documents. In performing these Services, FNI will report any observed deficiencies to City, however, it is understood that FNI does not guarantee the contractor's performance, nori isF FNIresponsible for the supervision oft the contractorsoperation ande employees. FNI shall not be responsible for the contractor's means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident to the work of the contractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the project site or otherwise performing any of the work of the project. If City designates a resident project representative that is not an employee or agent of FNI, the duties, responsibilities, and limitations of authority of such resident project representative will be set forth inv writing andi made a part oft this Agreement before the construction phase of the project begins. 11. GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT: City agrees toi include provisions in the general conditions of the construction contract that name FNI: (1) as an additional insured andi in any waiver of subrogation rights with respect to such liability insurance purchased andi maintained byt the contractor for the project (except workers' compensation and professional liability policies); and (2) as an indemnified party in any indemnification provisions where City is named as an indemnified 12. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the project site, if any, and its compensation hereunder isi in no way commensurate with the potential risk ofi injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing Services required by this Agreement, FNI does not take possession or control of the subject site, but acts as an invitee inp performing! Services, andi is not therefore responsible for the existence of any pollutant present on orr migrating from the site. Further, FNI shall have no responsibilityi for any pollutant during clean-up, 13. SUBCONTRACIS: If, for any reason and at any time during the progress of providing Services, City determines that any subcontractor for FNI is incompetent or undesirable, City shall notify FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Agreement shall 14. PURCHASE ORDERS: If a purchase order is used to authorize FNI's Services, only the terms, conditions, and instructions typed on the face of the purchase order shall apply to this Agreement. Should there be any conflict between the purchase order and thet terms of this Agreement, then this  reimbursable expenses directly attributable tot termination.  party.  transportation, storage or disposal activities.  create any contractual relation between any subcontractor and City.  Agreement shall prevail and be determinative of the conflict.  Attachment TC Rev 07/23  Page 3of4  P22    15. CONSEQUENTIAL DAMAGES: In no event shall FNIJ be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental, or consequential damages (such as loss of product, loss of use of equipment or systems, loss of anticipated profits or revenue, non-operation or increased expense of operation), arising out of, resulting from, or in any way related to this 16. ARBITRATION: No arbitration, arising out ofc or relating to this Agreement, involving one party to this Agreement mayi include the other party to this Agreement without their approval. 17. SUCCESSORS AND ASSIGNMENTS: City and FNI and the partners, successors, executors, administrators, and legal representatives of each are hereby bound to the other party to this Agreement: andi tot the partners, successors, executors, administrators, andl legalr representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Neither City nor FNI shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except toi the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated toi the contraryi in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent FNI from employing such independent associates and consultants as FNI may deem  Agreement or the project.  Agreement.  appropriate to assist ini the performance of Services hereunder.  Attachment TC Rev 07/23  Page 4 of4  P23    Gatesville Spur Capitaloflexas  Agenda Item #9 Date: To: From:  CITY COUNCIL MEMORANDUM  October 22, 2024 Mayor & City Council Holly Owens, City Secretary  Agenda Item: Discussion regarding Ordinance 2024-11, amending the Gatesville Code of Ordinances by amending Chapter 48 - Subdivisions; providing a severability clause;  providing a savings clause; and providing for an effective date.  Information:  The subdivision ordinance was adopted in January 2019, (Ordinance 2018-10) and This amendment is adding definition and procedure language for minor plats. The remainder of the ordinance is housekeeping to bring items current with legislation and  legislatively amended in February 2020, (Ordinance 2020-01).  standards. Financial Impact: There is no fiscal impact. Staff Recommendation:  The staff recommends passing Ordinance 2024-11 amending the Gatesville Code of Ordinances by amending Chapter 48 - Subdivisions; providing a severability clause; providinga  savings clause; and providing for an effective date.  Motion:  Imake a motion to pass Ordinance 2024-11 adopting the amendment to the Gatesville Code of Ordinances by amending Chapter 48 - Subdivisions toi the next meeting.  Attachments:  Draft Ordinance Staff Contacts:  Holly Owens owens@gatesylet.con Mike Halsema mhalsema@gatesvilletx.com  P24    ORDINANCENO. 2024-XX  AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES BY AMENDING CHAPTER 48 = SUBDIVISIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING  FOR AN EFFECTIVE DATE. ofthe State ofTexas; and limits oft the city; and  WHEREAS, the City ofGatesville is a Home Rulel Municipality operating under thel laws WHEREAS, the City Council may establish subdivision regulations within the corporate WHEREAS, the subdivision ordinance was adopted in January 2019, (Ordinance 2018-  10) and legislatively amended in February 2020, (Ordinance 2020-01); and WHEREAS, this is an amendment to Chapter 48 - Subdivisions; and  NOW,THEREPORE, BEITORDAINED BY' THE CITY COUNCIL OF THE CITY  OF GATESVILLE, TEXAS,THAT: SECTION1. FINDINGS-INCORPORATED  The: findings set forth in the above preamble to this Ordinance are true and correct and arel hereby SECTION2. The Code of Ordinances of the City of Gatesville. Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-1 "Authority and Scope" by repealing and  adopted.  replacing section 48-1 to read in its entirety as follows: "SEC. 48-L.AUTHORITY AND SCOPE.  This chapter shall be cited as the Subdivision Ordinance of the City of Gatesville, Coryell County, Texas. This chapter is adopted under the authority ofTexas Local Government Code Chapter 212 regarding Municipal Regulation of Subdivisions and Property Development as amended. The regulations contained herein shall govern every subdivision of land as defined within the corporate limits and extraterritorial jurisdiction oft the city. The purpose of this chapter is to provide for the orderly, safe and healthy development of the areas within the city and its extraterritorial jurisdiction. Specifically, this chapter is intended to coordinate the orderly subdivision of property along with other city ordinances relating to flood prevention and protections, zoning, site development review, building codes and  other development-related codes.  Page 10 of29  P25    (1) Authority of the planning andzoning commission. The planning and: zoning commission is given the responsibility and authority to review and to approve, conditionally approve, or disapprove subdivision plats and vacated plats within 30 days of from the date of the applicant's complete submission. Alll land within the city ori its ETJhereafter subdivided into lots, blocks, or other parcels, shall be laid out subject to review and approval by the planning and zoning commission. All other subdivisions or plats are illegal and shall not be recognized by the city. The planning and zoning commission shall forward all plats to the city council upon approval. 2) Authority of the cify council. The city council shall have the responsibility and authority to review and approve, conditionally approve, or disapprove plats for subdivision, selected plats not covered by section 2248-15-23: and vacated plats within 30 days of the planning and zoning commission's approval. All land within the city or its ETJ hereafter subdivided into lots, blocks, or other parcels, shall be laid out subject to review and approval by the city council with the exception of amending plats or minor plats. All other subdivisions or plats are: illegal and shall: notl ber recognized by the city. (3) Other authority. Amending plats and minor plats shall be administratively approved by the city manager. In the event that an amended plat or minor plati is submitted to the city manager and the city manager does not approve the plat, the city manager shall refer the plat with his rationale to the planning and zoning commission to approve or disapprove within 30 days  of the submission date." SBC-482-PURPOSS  Hs-ehapler-has-Der-adepled-e-premele-epepHDe-RealIySelely-anewelarelare-oHte-elys esidents,and-in-theEP/hromgherderyandbemeliemeficeialdevelepment-Pheimtentofthis-chapteris: -To-eneeurage-te-endety-lyewFamt-appepiseuse-oFlama-lhough-e-comsistenty To-maintainoFimprovyethequalty-oFdevelepmentandredevelopmentoflandthreugh B-Te-provide-fer-er-he-r-atewyadminato-ePlis-dhepler-through-a SECTION3. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-3 "Definitions" by repealing and replacing  PpHed-SbAISIdure; engimeeringend-desiga-standaris: epPeTinemeceeRiaeramaerewepreess  section 48-3 to read ini its entirety as follows: "SEC. 48-3. DEFINITIONS. a different meaning:  The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed tot them int this section, except where the context clearly indicates  Page 2of29  P26    City means the City of Gatesville, Coryell County, Texas. Any reference to an act of the city shall be deemed to include acts of the city council or other such Concept plan means the initial project layout that provides an opportunity to review and evaluate the impact of a proposed development on the character oft the surrounding area in which it is proposed to be located. The process takes into consideration the general form oft the land before and after development, as well as the spatial relationship of the proposed structures, open space, landscape areas, parking, and general access and circulation patterns as they relate to the proposed  elected governing body oft the city.  development and the surrounding areas. County means Coryell County, Texas.  County commissioners' court means the duly and constitutionally elected Developer: means any person, firm or corporation subdividing or developing a Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, Division means the result of dividing a tract ofl land int two or more parts using ametes and bounds description in a deed of conveyance, ori in a contract for a deed, by using a contract for sale or other executory contract to convey, or by using any Engineer means a person licensed and authorized to practice engineering in the state under the Texas Engineering Practice Act (Texas Occupations Code $ Engineering drawings. Typically, where applicable, includes, but is not limited to, water layout, sewer layout, drainage and topography, streetlight layout, street plan and profile sheets, sewer main plan and profile, water utility details, sewer utility details, paving details, drainage details, erosion and sedimentation control plan and standard construction details to provide greater detail to a plat. Engineering drawings shall be prepared and sealed by a state-licensed professional engineer and shall conform to the general requirements and minimum standards of Lot means aj physically undivided tract or parcel ofland having frontage on a public street and which is, or in the future may be, offered for sale, conveyance, transfer, lease or improvement, which is designated as a distinct and separate tract, and which isi identified by a lot number or tract symbol on an approved subdivision Corner lot means al lot abutting two or more streets at their intersection. Double frontage lot means al lot that fronts and backs on two streets.  governing body oft the county.  tract or parcel ofl land to be sold or otherwise marketed. filling, grading, paving, excavation, or drilling.  other method. 1001.001 et seq.).  design and requirements as presented in this chapter.  plat which has been officially recorded.  Page 3of29  P27    Front lot or frontage lot means that portion ofa a lot or tract of land which is the principal side ofay property, and which abuts on aj public street. This lot shall be the same side in which direction al building will face and the side on which there is OSSF: means on-site sewage facilities as that term is defined in rules and/or regulations adopted by the Texas Commission on. Environmental Quality (TCEQ), including, but not limited to, 30 Tex. Admin. Code Chapter 285. Pavement width. Pavement width dimensions include back-of-curb to back-  the main entrance.  of-curb.  Plat, dependent on the type means the following:  Amending plat. A replat addressing minor changes, correction of clerical errors, or limited modifications affecting a limited number of property owners or lots, such as correcting errors and omissions in course or distance, real property descriptions, monuments, lot numbers, acreage, street names, adjacent recorded plats, and other cleriçal error or omission, in compliance with LGC212.016. Final plat. A final plat is a plat satisfying applicable local regulations for a final plat and is the plat that is recorded. A final plat must be consistent with any approved preliminary plat. The differences between an approved preliminary plat Minor plat. A plat dividing up property into four orl less lots. fronts an existing Preliminary plat. A preliminary plat is the initial plat prepared by a land surveyor on! behalfofal landowner and submitted for "preliminary" city approval as Replat. A replat is ai new plat of all or a portion ofaj previously approved plat.  and ai final plat are generally surveying details and format. street, and does not require public improvements.  part of the platting process. Usually, iti is conceptual ini nature. Replats eliminate the prior plats as to the area replatted.  Public utility means:  (1) City-owned, -operated, and -maintained utilities, including water, sewer, (2) Utilities such as electric, gas, telephone, and cable television which are regulated by the state and/or have a franchise agreement with the city to own, operate, and maintain utilities in the public rights-of-way and easements. Sewerage facilities or wastewater treatment facilities means the devices and systems which transport domestic wastewater from residential property, treat the wastewater, and dispose of the treated water in accordance with the minimum state Subdivider means any owner of land or authorized agent thereof proposing to  and drainage.  standards contained or referenced in this chapter. subdivide or divide land sO as to constitute a subdivision.  Page 40 of29  P28    Subdivision means any tract ofl land divided into two or more parts that results in the creation of two or more lots of less than five acres each. A subdivision includes re-subdivision (replat) ofland which was previously divided. Surveyor means al licensed state land surveyor orar registered professional land surveyor, as authorized by the Professional Land Surveying Practices Act (Texas TACmeans Texas Administrative Code, as compiled by the Texas Secretary TCEQ means the' Texas Commission on Environmental Quality. Voluntary Annexation means the incorporation of new territory into an Water. facilities means any devices and systems which are used in the supply, collection, development, protection, storage, transmission, treatment and/or retail  Occupations Code Chapter 1071).  ofState.  existing city with the consent oft the property owners.  distribution of water for safe human use and consumption.  SECS.48-4-10. RESERVED."  SECTION 4. The Code of Ordinances of the City of Gatesville. Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-28 "Fees" by renumbering the section to be section 48-11 and further by repealing and replacing the section inj its entirety to read as follows:  "SEC. 48-2811. FEES.  An application fee shalll bej paid at the time aj preliminary or final plat is submitted for review by the city. (There is no fee for a preliminary conference.) The application fee shall be established by the city council and stated in the city's fee  schedule located in Chapter 18.7  SECTION5. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" by renumbering sections 48.29 and 48.30 as sections 48.12 and 48.13.respectively. by reserving sections 48.14 through 48.20. and by renumbering section  48.66 as section 48.21.  RC4839BOVERHINA APEPIHREIOHewImgeeumsances:  (a) (1) (2) (3) (4)  A-fed-plat-sha-e-regpe-APeerdAne-VIHRe-preedHresoOHtRe-R-thS  SaRvsieReFanemewpeFmeept Changingthe-conigHtOOFeSHstng-lledplais; Division-efland-Wherethere-s-ne-aeeess-te-the-traci(s; Division-efland-heremewepub:PHBHCRRSEFeRrelure-s-required:  Page! 50 of29  P29    (b)  ne-swbdvidet,def-develepererpesetse-eguesiREParaPPrewA-WIPBe-requred-te instly-at-his-OWI-ewpens-al-pabie-mRsehre-se,aRe-ieeEssigns-within-the abdivisien,in-eeerdancewikeiysiamdardrgovemingesame-imelalineallengineering ests-covering-desgn-layout-amd-cOnsRueHON-FRe-elys-pariepation--nests-el-any dergreuneH-iReePAnmePeveewIy,wponthe meris-eteaeh-aeH/and-necomdie-nvOlvedandsha-Be-R-accerdanee-wit-peleies-set forll-by-the-eivy-cnei-AI-atN-wI-be-a-le-meet-the-aeeeplable SHeprepplnregpre-eSFhmEersMiutoweien-efanypable-er privatei mpovemeNsharakeP-eAFeNeSyPPand speetieatiens-orsuehsubdlvisieRadhecensinstruelonoFlheapprevederesionand-sediment Ownership-PHerterleafma-platbeingapprovyedameFedeFreeerd,lhe-ois-ertraets beingeresiedby-the-imaplatshaetschangeinewMPp-lFaletoFsaek F-and--R-the-Preess-el-being-subdvAdedany-change-i-Owmeshp-SAa-render-the  erMcespresuresadeple-y-mee9A  (e)  controlmeasuresifeiFthelorexedsoeme-aereinsize:  (d)  wbdinison-4ppleaton-nram-yei:  SEC:48-303-MALERRCEPIONANAND-PBLVERY  Newly-estabishedrerektendee-busineNs-eFrestentar-estemets-NSErequest-and-recerve pproval-eFthe-deliveylpesationamanedeofdelivey-fey-fom-tielestpesinasterordistiet desigmees-Phese-delyere-wIReEsvemadelvesy-senviceumile-mail-recepiaeles areinsialled-and-he-amebesion-reapovaysatyosamangement-Options andrequirements-ormedeserdelvery-aredirected-bythepesia-service-seetnee-theU-s.Pestal  Service-Natiena-Delvery-Pamaingslamdards-formere-informatien:  SECS.48-14-20-RESERVED.  SBC.48-6621-cONCEPPPEANMEETING.  A-somsePtpw-meingw-N4The  OHwingdeeumentarerecemimendderalrcenePeeptpian-meetngss oVImEPIePeseEsteeR0NyYantdrainegelsyeut: FPMAPtVeNyePOFCNY-eEPA  (1) (2)  we-eepieserasketehpameHneeRtesHbdNSORAdPAAAPreMimately-te-seale, we-eepieseteleeateP-mAPSReNwbdiviierinrehationte-ekistingstreets  SECTION 6. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-67 "Platting Procedures" by renumbering the section as section 48-22 and repealing and replacing it to read in its entirety as follows:  "SEC. 48-6722. PLATTING PROCEDURES.  (a) Amending, plat.  Page 6of29  P30    (1) General. Aj plat may be considered. an amending plat solely for thej purposes (2) Form and content. The amending plat should depict all information as required for a final plat in section 2248-1624, except for engineering documents described in section 2248-1624(b)2). A copy of the original plat is required with the amended plat or the original approved lot lines shall be shown as dashed lines (3) Certificate ofapproval. A certificate ofapproval by the city manager, in the following format, shall be placed on the final plat: Approved this 20 by the City Manager oft the City ofGatesville, Texas.  established in Texas Local Government Code $ 212.016.  on the amended plat.  day of  City Manager  Attest: City Secretary  (4) Processing. The city manager may approve and issue an amended plat, which may be recorded with the county clerk and controls over the preceding plat without vacation of the plat, if the amended plat is signed by the applicant and is solely for one or more of the following purposes as established by Texas Local a. To correct an error in a course or distance shown on the preceding plat; b. To add a course or distance that was omitted on the preceding plat; C. To correct an error in the description of the real property shown on the d. To indicate monuments set forth after death, disability or retirement from practice of the engineer or surveyor responsible for setting monuments; e. To: show the proper location or character of any monument which has been changed in location or character or which originally was shown incorrectly as to f. To correct any other type of scrivener's, clerical error or omission previously approved by the planning and zoning commission and/or city council, including lot numbers, acreage, street names. andi identification ofa adjacent recorded g. To correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither loti is abolished; provided, that such amendment does not attempt to remove reçorded covenants or restrictions and does not have a material adverse effect on h. To relocate a lot line in order to cure an inadvertent encroachment of a  Government Code $ 212.016:  preceding plat;  location or character on the preceding plat;  plats;  the property rights oft the other owners in the plat; building or improvement on a lot line or on an easement;  Page 7of29  P31    i. Toi relocate one or more lot lines between one or more adjaçent lots where the owners ofall suchl lots joini in the application for thej plat amendment; provided, that such amendment does not attempt to remove: recorded covenants or restrictions  ori increase the number ofl lots; and . To replat lots on an existing street if: 1. All owners join in the application; 2. The amendment does not remove deed restrictions; 3. The number ofl lots is not increased; make necessary the extension ofmunicipal facilities.  4. The amendment does not create or require the creation of a new street or  (b) Replat.  (1) General. A replat is a revision of a previously platted subdivision and is controlling over all or aj portion oft the preceding plat without vacation oft the plat in (2) Processing. A replat that requires the construction of new public infrastructure shall follow the same procedures as are required for a new subdivisionplat: and shall comply withTexasLocal Government CodeC Chapter212, (3) Form and content. The proposed replat shall depict all the information as required for final plats as presented in section 2248-1624. A copy of the original plat shall be provided, or the original approved lot lines shall be shown as dashed lines on the new plat. If a replat does not require the construction of new infrastructure, the city may waive the required engineering drawings, described in section 2248-1624(b)2, in order for the application submission to be considered complete and become eligible to be acted upon by the municipal authority or (4) Public hearing required for variance or exception. If a proposed replat requires a variance or exception, aj public hearing must be held by the municipal planning commission or the governing body ofther municipality, in accordancewith  accordance with Texas Local Government Code Chapter 212.  including requirements for public hearings and notifications.  governing body.  LGC Sec. 212.015. (c) Minor plat.  (1) Authority for administrative minor plats. An application for an administrative minor plat may be submitted to the city in accordance with Tex. b. The administrative minor plat shall contain the same information in C. In accordance with Tex. Local Gov't Code S 212.0065, the city delégates the City Manager or designated representative the authority to approve  Local Gov't Code $2 212.0065. accordance with the final plat. administrative minor plats which:  a. Content, review and decision-making process.  Page 8 of29  P32    1. Involve four or fewer lots 2. Front onto an existing street  3. Dor not require the creation of any new street or the extension ofmunicipal d. The designated representative may, for any reason, elect to present the e. The designated representative shall not disapprove the administrative minor plat and shall be required to refer any administrative minor plat application which he or she refuses to approve to the Planning Board for consideration. f. If the administrative minor plat is approved by the designated representative. the signature block and signature oft the Chairperson ofthe Planning Board shall not be required. The following signature shall. however, appear on the g. A certificate ofapproval by the city manager. in the following format, shall  facilities.  administrative minor plat to the Planning Board for approval.  administrative minor plat.  be placed on the final plat: Approved this City Manager ofthe GityofGatesville. Texas.  dayof  20 by the  City Manager  Attest: City Secretary (de) New subdivision plat.  (1) General. A new subdivision plati is aj plat ofat tract ofl land that has not been previously platted. A new subdivision plat shall comply with Texas Local Government Code ch. 212, including any requirements for public hearings and (2) Processing. New subdivision plats shall follow the review and approval (3) Form and content. A new subdivision plat willi include the form and content required: for preliminary plats ins section 48-68(c) and final plats in section 48-69(b). (ed) Vacating a plat. A replat to eliminate the subdivision of property reflected by aj prior plat. Vacating plats may not be used without the consent of all property owners in thej plat, eveni ifonly aj portion oft the plat is to be vacated. Oncei recorded, the vacating plat has the effect of returning the property to raw acreage (fe) Additional information. The city may, at its option, require additional information necessary for the approval process. Suchi information may include, but  notifications.  process for preliminary and final plats.  not be limited to:  (1) Subdivision ingress and egress;  Page 9of29  P33    (2) Existing and/or proposed area features;  (3) Topography; (4) Floodplains; (5) Layout of other utilities; (6) Notation of deed restrictions; (7) Public use areas."  SECTION 17. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-68-Preliminary Plat" by renumbering section 48-68 as section 48-23 and repealing and replacing the section to read inj its entirety as follows:  "SEC. 48-6823. PRELIMINARY PLAT.  (a) Generally. Thej preliminary plat and preliminary engineering drawings shall show all proposed phases of development of an area of land under the same Preliminary plats shall be required for any subdivision plat requiring new (2)Preliminary plats and preliminary engineering drawings shall be deemed approvedi difno action is taken by the planning and zoning commission within 30 days ofsubmittal, and if no action is taken by the city council within 30 days of (3) Preliminary plats and preliminary engineering drawings shall be deemed approved by the City Council ifi no action is taken by the Council within 30 days Changes to preliminary plat. An approved preliminary plat and/or preliminary engineering drawings may be amended at the request of the developer or required by the city per this section. Substantial amendments or changes to an approved preliminary plat or preliminary engineering drawings must be reviewed and approved by the planning and zoning commission as well as by the city council. Minor amendments may be approved by the city manager. Minor amendments are those that: (1) Increasel by tenj percent or less thei number ofl lots or potential structures that  ownership. infrastructure.  planning and zoning commission approval. ofP Planning and Zoning Commission approval.  (b)  can be accommodated by the infrastructure; (2) Reduce the number of lots; and  (3) Any proposed change in infrastructure is considered a major amendment, Form and content. A complete submission for approval shall contain all items on the application. Failure to submit the plat and engineering drawings together in the quantities as stated on the application checklist shall be deemed an incomplete  unless deemed by the City Manager as ai minor amendment.  (c)  Page 10of29  P34    submission. The submission shall not be filed until all required documents (plat and engineering documents) in their respective quantities as stated herein are submitted. (1) Preliminary plat. The preliminary plat shall be prepared and sealed by a state-registered professional land surveyor and plotted at a scale of one inch to 100 feet or larger. The plat shall conform to the general requirements and minimum standards of design and requirements, and shall include the following a, A cover sheet is required for all plats involving three or more sheets. All plan sheet numbers shall be placed on the cover along with the corresponding plan sheet titles. This cover sheet should include a listing of all plan sheet numbers and plan sheet titles in the engineering drawings as well. A vicinity map should always be included on the cover sheet to show the project location; b. Title block, including proposed subdivision name, phase, block and lot numbers, current legal description (or reference thereto), acreage, name and address of property owner, name and address of surveyor/engineer, date of survey, date of preparation and page content title. This title block shall be c.b Index sheet for plats with more than one sheet that shows the entire subdivision drawn to a scale ofnot less than one inch equals 100: feet; d. Legal description, existing boundary, lot lines and right-of-way lines of streets and easements with accurate dimensions, bearings, deflection angles, e. Phasing plan ifs subdivision is to be constructed inj phases; f. Lot lines shall have line dimensions clearly displayed within the lot along with the lot's respective lot number. Groups oflots that are considered withina block shall have the block number clearly displayed; g. All right-of-way lines and easements shall be clearly displayed on the plat. The plat shall clearly display the location, size and purpose of all existing and proposed easements on or adjoining the property; h. Location of existing and proposed streets, alleys, bikeways and sidewalks on or adjoining the site. Such information shall include name, right-of-way widths, type and width ofs surfacing. All private streets shall be clearly labeled; Easements and street stub-outs necessary to serve adjacent properties; k. Location and size ofa all existing and/or proposed city utilities, and all other utilities where known. All city utility lines six inches in diameter or larger within the right-of-way shall be shown on the profile view. All utility lines, regardless ofs size, should be shown in the plan view, where known; m.Adjacent property information including legal descriptions (recorded n. Primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data shall be referred. The  elements as applicable:  present on each page ofthej plat;  radii and central angles ofall curves;  i. Any areas: reserved or dedicated for public uses;  1S Street light layout;  volume and page) and property lines within 100 feet;  Page 11 of29  P35    plat shall bel located with respect to a corner oft the surveyor tract, or an original corner oft the original survey ofv which iti is a part. Temporary benchmarks and 0. Scale, basis ofbearing and benchmarks (datum) and description shall all be p.Ar north arrow: is required on all sheets and should be oriented either upward or to the right. It is the intent oft this requirement that all stationing should start from cardinal points of the compass and proceed in the direction of (2) Preliminary engineering drawings. Preliminary engineering drawings shall be prepared and sealed by a state-licensed professional engineer and plotted at a scale of one inch to 100 feet or larger. The preliminary engineering drawings shall match the features found on thej preliminary plat and they shall conform to the general requirements and minimum standards of design and requirements in accordance with the most current edition of the standards for public works adopted by the city, and shall include the following elements as applicable: a. Title block, including proposed subdivision name, phase(s), block and lot numbers, current legal description (or reference thereto), acreage, name and address of property owner, name and address of surveyor/engineer, date of survey, date of preparation and page content title. This title block shall be present on each page oft the preliminary engineering drawings; b. Water layout plan view to include rough locations of service connections, pipe diameters, valves, hydrants and flush assemblies; c. Sanitary sewer layout plan to include rough locations of service connections, pipe diameters, cleanouts and manholes; d. Street and sidewalk layout plan view; and e. Stormwater drainage layout plan (drainage calculations are only necessary on major drainage structures at this step). Processingi preliminary plat. subsection (c) oft this section.  NGS datum shall be described on each sheet; clearly displayed on the plat; and  construction.  (d)  (1) Submission of preliminary plat application along with all items required in (2) The preliminary plat and preliminary engineering drawings shall be reviewed by the city staff for conformity with the city's plans, thoroughfare plan, utility master plan, engineering standards and specifications, city ordinances and other applicable city standards before the planning and zoning commission meet (3) The planning and zoning commission shall review the preliminary plat, preliminary engineering drawings and all the: staffs recommendations. Particular attention will be given to the arrangement, location and width of streets, their relation to thet topography ofthel land, lot sizes and arrangement, water and sewer lines, drainage, the further development of adjoining lands and the requirements  to review the preliminary documents.  ofcity ordinances, policies and plans.  Page 12of29  P36    (4) The planning and zoning commission shall act on the preliminary plat and preliminary engineering drawings and may advise the developer of any specific changes or additions they will require in the layout, or comment on the character and extent of improvements and dedications that will be required prior to infrastructure construction and as aj prerequisite to the approval of the final plat (5) Thep planning and zoning commission shall forward thej preliminary plat and preliminary engineering drawings with their approval tot the city council for their consideration. The planning and zoning official shall inform the developer in writing of the decision of the planning and zoning commission and city council including any conditions for approval or reasons. for disapproval. Ifconditionally approved or disapproved by the planning and zoning commission or the city council, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The municipal authority or governing body may not establish a deadline for an applicant to submit the response. In accordance with LGC 212.0093. Upon receiving a written response, the municipal authority or governing body that receives ai response underLGC212.0093 shall determine whether to approve or disapprove plan or plat not later than the 15th day after the response was (6) A preliminary plat and preliminary engineering drawings shall expire 24 a. An extension is applied for and granted by the city manager if the city's b.1 Final plat submittal, on at least one phase, occurs within 24 months c. Preliminary plats and preliminary engineering drawings will also expire if there isi more than a 24-month period oftime between subsequent submittal and (7) The planning and zoning commission has the responsibility to act on the preliminary plat and preliminary engineering drawings within 30 days of the complete submission of the application and all necessary documents. The preliminary plat and preliminary engineering drawings shall be considered approvedifno: action is taken by the planning and zoning commission within 30 days. The plat and engineering drawings shall be presented to the city council within 30 days ofa action being taken by the planning and zoning commission for its consideration. The plat and engineering drawings shall be considered approved if the council does not act on it within 30 days after the planning and  and final engineering drawings.  submitted.  months after approval unless:  regulations and requirements have not changed; following the initial approval; or  approval of any phase oft the preliminary plat.  zoning commission has acted on it."  Page 13of29  P37    SECTION 8. The Code of Ordinances oft the City of Gatesville. Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-69 "Final Plat" by renumbering section 48-69 as section 48-24 and repealing and replacing the section to read in its entirety as follows:  "SEC. 48-6924. FINAL PLAT.  (a) Generally. The final plat and final engineering drawings for the subject phase of construction shall be substantially consistent per requirements in section 48-68(c)(1) with the approved preliminary plat and preliminary engineering drawings. At the option of the applicant, the final plat may constitute only that portion oft the approved preliminary plat that the applicant proposes to develop and record at that time. The first phase of a subdivision shall have its final plats and final engineering drawings submitted within 24 months of approval of preliminary plat andj preliminary engineering drawings after which time, a new preliminary plat (b) Form and content. A complete submission for approval shall include the final plat application provided by the city and all items listed and required therein. The submission shall not be considered complete until all required documents (plat and engineering documents) in their respective quantities as stated in the (1) Final plat. The final plat shall be prepared and sealed by a state-licensed professional engineer or state-registered professional land surveyor and plotted at ascale of one inch to 100 feet or larger. The plat shall conform to the general requirements andi minimum standardsofdesign and requirements, and shalli include A cover sheet is required for all plats involving three or more sheets. All plan sheet numbers shall bej placed on the cover along with the corresponding plan sheet titles. Cover sheet shall include all plan sheet numbers and plan sheet titles shown in the engineering drawings as well. A vicinity map should always be b. Title block including proposed subdivision name, phase, block and lot numbers, current legal description (or reference thereto), acreage, name and address ofp property owner, name and address of surveyor/engineer, date of survey, date of preparation andj page content title. This title block shall be present on each] page of Legal description, existing boundary, lot lines and right-of-way lines of streets and easements with accurate dimensions, bearings, deflection angles, radii d. Index sheet for plats with more than one sheet that shows the entire subdivision drawn to as scale of not less than one inch equals 100: feet; Lot lines shall have line dimensions clearly displayed within the lot along with the lot's respective lot number. Groups of lots that are considered within a  and preliminary engineering drawings may be required.  application are submitted.  the following elements as applicable:  a.  included on the cover sheet to show the project location;  the plat; C.  and central angles of all curves;  e.  block shall have the block number clearly displayed;  Page 14 of29  P38    f. g.  All right-of-way lines and easements shall be clearly displayed on the plat. The plat shall clearly display the location, size and purpose of all existing and Location of existing and proposed streets, alleys, bikeways and sidewalks on or adjoining the site. Such information shall include: name, right-of-way widths, type and width ofs surfacing. All private streets shall be clearly labeled; h. Any areas reserved or dedicated for public uses;  proposed easements on or adjoining the property;  i. served; j. k. 1.  Notes addressing how lots with low wastewater service tolerances will be Delineation of the Federal Emergency Management Association (FEMA) Special Flood Hazard Area as well as any hazards from adjacent detention facilities Easements and street stub-outs: necessary to serve adjacent properties; Adjacent property information including legal descriptions (recorded m. Primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data shall be referred. The plat shall be located with respect to a corner oft the surveyor tract, or an original corner oft the original survey ofv which iti is aj part. Temporary benchmarks and NGS datum n. Scale, basis of bearing and benchmarks (datum) and description shall all be 0. A north arrow is required on all sheets and should be oriented either upward or to the right. Iti is the intent of this requirement that all stationing should start from cardinal points oft the compass andj proceed in the direction ofconstruction; Signature/certincation blocks. All final plats shall have affixed to the first page of the plat sheets to be recorded the following elements as applicable: 1.A A surveyor's certificate, in the following format, shall bej placed on the final plat:  or as required by the city;  volume and page) and property lines within 100 feet;  shall be described on each sheet; clearly displayed on the plat;  p. Tax certificate title block;  q.  KNOW ALL MEN BY THESE PRESENTS:  That I,  do hereby certify that I prepared this plat  from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision and Property Development Regulations oft the City of Gatesville, Texas.  Signature Texas Reg. No.  Page 15 of29  P39    2. An original certificate of ownership and of dedication of all streets, alleys, easements and lands toj public use forever, signed and acknowledged before anotary public by the owner ofthe land, shall appear on thei face ofthei map, containing complete and accurate description of the property being platted 3. A certificate of approval by the planning and zoning commission, in the  and the streets dedicated.  following format, shall be placed on the final plat:  Approved this  day of  by the Planning and  Zoning Commission oft the City of Gatesville, Texas.  Chairperson, Planning and Zoning Commission Secretary, Planning and Zoning Commission  4. A certificate of approval by the City Council, in the following format shall  bej placed on the final plat: Approved this the City of Gatesville, Texas.  day of  by the City Council of  Mayor  City Secretary  5. A tax certification block, in the following format, shall be placed on the  final plat:  The Coryell County Tax Assessor, the taxing authority for all entities in Coryell County, Texas, does hereby certify that there are currently nod delinquent taxes due or owing on1 thej property described by this plat.  Dated this  day of  A.D.  Coryell County Tax Assessor/Collectors Office  By:  6. AI recordation block, in the following format, shall be placed on the final  plat:  Page 16 of29  P40    FILED FOR RECORD this  day of  in Cabinet  Slide(s)  Plat Records of Coryell County,  Texas.  (2) Final engineering drawings. Engineering drawings shall be prepared and sealed byas state-licensed professional engineer and plotted at a scale of one inch to 100 feet or larger. The engineering drawings shall match the features found on the final plat and they shall conform to the general requirements and minimum standards ofdesign and requirements in accordance with city'sa adopted standards forj public works, and shall include the: following elements as applicable: a. Titlel block including proposed subdivision name, phase, block and lot numbers, current legal description (or reference thereto), acreage, name and address of property owner, name and address ofs surveyor/engineer, date ofs survey, date of preparation and page content title. This titlel block shall be present on each! page b. Lot layout showing the area in square feet of each lot proposed; Water layout plan, fire flow/water design report, details;  oft the engineering drawings;  d. Sanitary sewer layout plan and profiles, a wastewater design report, details, specifications, lift station capacity and a detailed engineering estimate; Street plan and profiles, to include paving details and a traffic control plan (if . Display natural ground profiles of each right-of-way or easement line. Centerline profiles will be satisfactory for right-of-way or easements, except where there is a difference of 0.50 foot or more from one right-of-way or easement line to the other line measured parallel at any point along the right- h. Stormwater plan and profiles ofculverts and channels, a grading plan witht two- foot contours, a drainage report, an erosion and sedimentation control plan, delineated drainage basins, details for all structures, specifications and a Existing contours at intervals oftwo feet for grades up to five percent and not Drainage information and calculations required in the City of Gatesville Drainage Criteria Manual, including, but not limited to, drainage channel and detention pond locations and approximate size offacilities. Flow line elevations shall be shown along with direction offlow ofa all existing or proposed drainage k. Drainage structures, 100-year floodplain, floodway, watercourses, railroad, structures and other physical features on or adjacent to the site; Location and size of all existing and/or proposed city utilities, and all others where known. All city utility lines six inches in diameter, or larger within the right-of-way shall be shown on the profile view. All utility lines, regardless of  applicable); Streetlight layout;  of-way or easement;  detailed engineering estimate;  more than five feet for grades over five percent;  features;  size, should be shown in the plan view, where known;  Page 17of29  P41    m. Major thoroughfare plans and profiles shall be drawn at a scale of one inch equals two feet vertically and one inch equals 20 feet horizontally. Minor streets and easement plans and profiles shall be drawn at a scale of one inch equals five feet vertically and one inch equals 50 feet horizontally or one: inch equals four feet vertically and onei inch equals 401 feet horizontally. Label each plan sheet as to street widths, right-of-way widths, pavement width and thickness, type of roadway materials, curbs, intersection radii, curve data, stationing, existing utilities type and location. Stationing must run from left to right, except for short streets or lines originating from ai majori intersection where the full length can be shown on a single Texas Department ofTransportation (TxDOT) approvals for driveway and Existing conditions such as marshes, wooded areas, buildings and other Significant features on adjacent properties such as slopes, structures and Details of all special structures and standard details, such as drainage features, streams and gully crossing, special manholes and the like, shall be drawn Station all points of curvature (P.C.'s), points of tangency (P.T.'s) radius returns and grade change points of intersection (P.I.'s) in the profile with their (3) Resolution/dedication/field notes. The applicant will furnish the city with a signed, original copy oft the dedication, resolution and field: notes, as applicable, at the same time the final plat and final engineering drawings are submitted for  plan and profile sheet;  n. 0. significant features; p. power lines; q. r. S.  drainage into their jurisdiction, if applicable;  Grading, erosion and sedimentation control plan;  with the vertical and horizontal scales equal to each other; and  respective elevations.  approval.  (c) Processingfnaly plat.  (1) Submission of application as provided under swbseetOn-48-240) of this (2) The final plat and final engineering drawings shall be reviewed by the City staffforc conformity with the approved preliminary plat and preliminary engineering drawings, city's plans, thoroughfare plan, utility master plan, engineering standards and specifications, city ordinances and other applicable city standards. Upon completion of this review, the final plat and final engineering drawings shall be (3) The planning and zoning commission shall study the final plat and final engineering drawings and all recommendations. Particular attention will be given tot the arrangement, location and width of streets, their relation to thei topography of the land, lot sizes and arrangement, water and sewer lines, drainage, the further development of adjoining lands and the requirements of city ordinances, polices  section.  submitted to thej planning and zoning commission for review.  and plans.  Page 18 of29  P42    (4) Final plats and final engineering drawings shall be deemed approved ifno action is taken by thej planning and zoning commission within 30 days ofs submittal, and ift no action is taken by the city council within 30 days of planning and zoning a. The planning and zoning commission shall forward the final plat and final engineering drawings upon approval to the city council for their consideration. b. The planning and zoning official shall inform the developer in writing of the decision ofthej planning and zoning commission and city council including any zoning commission or the city council, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason deadline for an applicant to submit the response. In accordance withL LGC212.0093. governing body that receives a response under LGC 212.0093 shall determine whether to approve or disapprove plan or plat not later than the 15th day after the (54) The final plat and final engineering drawings shall not be approved, conditionally approved or filed for record and no permits shall be issued until the applicant posts with the city a letter of credit/performance bond for any  commission approval.  conditions for approval or reasons for disapproval.  Ifc conditionally approved or disapproved by the planning and  for disapproval provided.  2. +3.  The municipal authority or governing body may not establish a Upon receiving a written response, the municipal authority or  response was submitted.  infrastructure construction remaining."  SECTION9. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-70"Guarantee of Performance" by renumbering section 48-70 A AWXRION48-25 and by repealing and replacing the section toi read in its entirety  as follows:  "SEC. 48-7025. GUARANTEE OF PERFORMANCE.  (a) In order to record an approved final plat in which public infrastructure improvements are required, the developer shall construct the improvements to the approval of the city or file a guarantee of performance in lieu of completing the infrastructure prior to recordation of the plat. All such construction shall be coordinated while in progress by the city building inspector. If the infrastructure has not been completed andi no eteroferadiuperfomance bond posted within five years of approval, the approved final plat is considered null and void. (b) If the developer elects to file a guarantee of performance in lieu of completing construction prior to recording the plat, one of the following methods of posting  Page 19 of29  P43    security shall be used, while the city does reserve the right to select which of the (1) Unconditional letter of credit from al local bank OT other financial institution in a form acceptable to the city and signed by aj principal officer of the institution, agreeing to pay to the city, on demand, a stipulated sum of money to apply to the estimated costs of completion ofa all: required improvements, cost of completion of a. The letter of credit shall be dated to expire not less than one year from the a-b. If the required infrastructure is not complete within six months of acceptance of the letter of credit, the city shall use the funds to construct the (2) Performance bond submitted with the city by a surety company holding a license to do business in the state, in a form acceptable to the city, in an amount equal to the estimated costs of completion of required improvements verified by a. Its shall be dated to expire not less than one year from the recordation oft the a-b. If the required infrastructure is not complete within six months of acceptance oft the letter-eferedita performance bond, the city shall use the funds to (c) For the guarantee of performance, as described in this section, the engineer whose stamp and signature are found on the final plat and final engineering drawings shall prepare a detailed estimate of outstanding infrastructure items to include the cost of each item, the cost of installation of each item and the total cumulative cost of all outstanding infrastructure items. This detailed estimate (The city's engineer shall review this detailed estimate to ensure that all items are accounted for and are valued at costs that are reasonable given the market ati the (1(2)_The city may request that the developer make modifications to the detailed estimate toi reflect comments from the city's engineer. Once approved by the city's engineer, the city will accept the guarantee of performance, as described in this section, fort thei total cumulative cost as shown on1 the detailed estimate, and the final  following guarantees of performance is utilized:  the required improvements being verified by the city engineer.  recordation of the final plat.  improvements.  the city engineer. final plat.  construct the improvements.  should be stamped and signed by the engineer.  time of which the project occurs.  plat shall bei filed with the county.2  Page 20 of29  P44    SECTION 10. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-71 "Maintenance Bond Required" by renumbering section 48-71 as section 48-26 andi repealing and replacing section the section to read  inj its entirety as follows:  "SEC. 48-7126. MAINTENANCE BOND REQUIRED.  (a) Before the issuance of any building permit, the subdivider shall furnish the city with a maitenance bond, or other surety instrument such as a letter of credit or escrow account. The purpose of the maintenance bond/surety instruments is to assure the quality of materials and workmanship and maintenance of all required improvements including the city's costs for collecting the guaranteed funds and administering the correction and/or replacement of covered improvements in the event the subdivider defaults. The maintenance bond or other surety instrument shall be satisfactory to the city as to form, sufficiency and manner of execution. (I) For water and sewer related improvements, the bond or other instrument shall be in an amount equal to 20j percent ofthe cost ofimprovements verified by the city (2) Bonds or other instruments for streets and drainage facilities shall be in an amount equal to 40 percent of the improvements verified by the city engineer (3) Effective time frame for bonds or other instruments will be measured from the date ofr release of the performance surely instrument or signing and recording of (1(4) In an instance where a maintenance bond or other surety instrument has been posted and a defect or failure of any required improvement occurs within the period of coverage, the city may declare thel bond or surety instrument to be in default and require that the improvements be repaired or replaced. (b) Wheneverac defect or failure ofa any requiredimprovement occurs within the period of coverage, the city shall require that a new maintenance bond or surety instrument be posted for a period of one full calendar year, except streets and drainage channels and structures which will be for two calendar years. (1) The amount of the bond or instrument will be equal to the amount required to (2) Effective time frame for the new maintenance bond or other instrument shall begin on the date the city inspects and approves the required correction."  engineer and shall run for aj period ofone calendar year. and shall run for aj period oft two calendar years.  the final plat whicheveri is later.  correct the fault or failure.  Page 21 of29  P45    SECTION11. The Code of Ordinances oft the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-72"As-Built Drawings" by renumbering section 48-72 as section 48-27 and by repealing and replacing the section to read inj its entiretyas  follows:  "SEC. .48-7227. AS-BUILT: DRAWINGS.  (a) The purpose of this requirement is to document the subdivision improvements as they were actually built. These drawings are required to replace the approved plans that are on file at the city and as such should contain all oft the sheets presented in the final plat and final engineering drawings. These plans shall bel labeled' "as-built" or record drawings."These drawings shall minimally include: (1) An index sheet listing all plan sheets presented in the as-built drawings; (2) Drawings shall contain information within tolerances pertinent to the (3) Waterlines and appurtenances shall be field located with a horizontal and (4) Gravity wastewater lines and manholes shall be field located with a vertical location within at tolerance of0.1 foot, more or less, and al horizontal location within (5) Pressure wastewater lines and appurtenances shall be field located with a horizontal and vertiçal location within ai tolerance of one foot, more or less; (6) Drainage facilities shall be field located with a vertical location within a tolerance of0.1 foot, more or less, and a horizontal location within a tolerance of (7) Roadway and sidewalk paving shall be field located with a vertical location within a tolerance of 0.1 foot, more or less, and a horizontal location within a (8) All public facilities shall be shownt tol be located within public rights-of-way (9) The as-built drawings shall be prepared by a state-licensed professional engineer and shall bear a certification from the engineer as follows: "To the City of Gatesville: I certify that the subdivision improvements shown on this sheet reflect any revisions of design as approved by the city and whichlauthorized, and/or any and all field changes of whichIa am aware.", and b. The certification shall be executed by and shall bear the seal and original signature of the professional engineer licensed in the state at the date of such certification that directly supervised the construction oft the project pursuant to the Texas Engineering Practice Act (Texas Occupations Code $ 1001.001 et seq.).  intended function of the design;  vertical location within a tolerance ofone foot, more or less;  at tolerance of one foot, more or less;  one foot more or less;  tolerance of one foot, more or less; or appropriate easements; and  a.  (b) As built drawing submittal requirements.  Page 22 of29  P46    (1) The developer shall provide the city with a digital copy and a single set of drawings oft the constructed: infrastructure. A digital copy ofthe as-built plat andi its (1) Digital as-built files should be submitted in PDF, DXF, DWG or GIS shapefile/feature class/coverage format. This digital format shalll be an exact replica of any required and/or included data represented on the submitted hard copy drawing/document. The submitted media shall be labeled with the project name  as-built engineering drawings must be submitted.  (subdivision name) and filing date." -  (2)  SECTION12. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at sections 48-73* through 48-108 by renumbering section 48-73 as section 48-28, reserving sections 48-29 through 48-40, and renumbering sections 48-105  through 28-108 respectively as sections 48-41 through 48-44.  SBC-48-7328-TMEKTENSIONSPORPROVIDINGFACIEIES:  (a) ReaseHableness-ceuReH-may-eNtendbeyeme-tnedatespeeted-onrme-plareren-the eeumentatiachedielhepledmebywHchergRmdsewerservicefaeilities Any-tinaneia-guaranteesprevidedwIRRe'ma-platasongmaysHbitedareelective Or-the-time-eFte-reguese-estensensie-eFeW-imanel-gHARNeFNHatr-cempy-Wi#N setion-48-7paresubmiedwhewiseelleciveortheperodotinen-and -Theeityemmelimds-heNtesionisresemabeameokemtytetie-thepmblieinterest: (b) Fimelmess-IFthe-aelites-are-lly-operable-befere-the-expiraion-peried; he-aelities-are-cecomsderede-avebeel-madeyeperabemely-mamnet. -threasomahlemesA-Neswhe-alew-a-reidenee-i-the subdivision-te-be-imhabie-withewtwaterorsewerservices-hatmeethestanderds-efartiele  mustheallyopenbiein  W-erthis-ehapter: SEC-48-29-40-RESERVEP:  SBC.48-10541-0ONSTRUCHONSTANDARDS-ADOPFBD:  Alinfinsieure-ceninstedasereslkofesubdivisionesomoFhméhabelnaecordaneewvita he-appreved-ima-pla-and-alheramiastinuchre-desga-develepment-and-Re-Siadard-Detalls  Prawings-adepted-by-the-eiy.  SEC.48-10642-WATERSTANDARDS  --aermains-l-meaiseshalanywaemainbeisshumsitinaeinesidemialaresand ight-imehes-Im-nenresdenta-arens-Al-Wwatet-mains-shal-be-desigme-to-maintain-the MiPimum-pressuresaN-ORPPurpesesasrequred y-TCB@amd-he-ianmatema-Orgenate-erSuandadsaiw-Pre-Swppresion-Rating  ys1em:S0-SRS  Page 230 of29  P47    (b) PAer-SPPHON The-water-distem-shal-be-designed-t0-atord-etteetive cirewlationefwaterwiheminimumoftensemdman-Aldendemémansshal-beprovided Mil-ushvalvesamnddigerfielydtemdeflhewaiermain -FMinErwyuemeNeANw-w oFthe-subdivisien-oFdevelopmeem-delne-by-ParOrOrOFOFrecOrd/-R-HCRaligmment -Fre-pdhanpaeg-Pemaimunpaeimgbetween: firehydmanisshal-moteseed60P-eek:  tembeewteedelheneNtpepey. -Palerave-wales-shale epHenPHee  ERetemHP-BRPe  -miphaemeealin-le  eurb,  SBC-48-04-SANFARF-SEWER STANDARDS-  -SamaseermeF-SewerwMyaseAsoHamgeradirestedbytheeiy engineer-and-leeated-within-a-dedieated-ensement-behimd-the-cHrb-Serviees-shal-be-four (b) SdHA-SeNwermAAO/-Mannelessalrvepaeetaralpemtserehangeerangmmentgrade pFsize-efthe-wastewatermaineinyimterseetion-OFlwe-OFmOre-wastewatermains,at-the-end-et he-lineg-and-any-leeatiens--PF-maintemanee-ease.-FaXPU -Foasplal-reraseatr-mahole-e-pa-I-e-00-year-foedplain, manhele-covens-andingsshalhawegegkesamdahalsebeladorhaveathereity-mpproved -Eheméngreguireme-AlalyseeuNaNaerpdeNeeNtendaeres-thea Width-et-the-subdvsien-oF-develepment-dehined-by-a-plar-eFereFreeere--suel-an ligmmentthatiteam-beektended-heneNtpropery-Wwheretedeptkanc-eapaeityetthe-e  nehes-erlarger  galaN  APeEIeNA  PemSSWCeNemseN: e-SEe-AENON-CHeH-Le-weNy imum-et-one-nalf-aere--size.  SSF-must-be-a  SBC-48-40844-97RMSEWER STANDARDS  -Semm-sewer-mains-Slermi-sewer-mains- eeFiety B)-SOPE-SeHerImAAOl-MaRhelesshalbeplaeplaeedatal-poimisoFchange-oFalgmmentgrade OFSIzeOFstOmmsewermanintersetieneFwe-eeFmoresiemmseweFmaSandandany-oeatiens oprovideaeeessiblily-ormainemanseeie-Tiemaimumpatingheivewweermanhelesshal  engineer:  motexeeed-600-eet:  Page 24 of29  P48    SECTION 13. The Code of Ordinances oft the City of Gatesville. Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-109 "Street Standards" by renumbering section 48-109 as section 48-45 and by repealing and replacing thes section to1 read inj its entirety as follows:  SEC. 48-10945. STREET STANDARDS.  (a) Entrances to. subdivisions. New subdivisions with 51 to 100 lots must have at least two access streets; new subdivisions with 101 or more lots require three access streets. In cases wherea as subdivision will be developed inj phases, the number ofaccess streets required will bel based on the number of developed lots. (b) Projection of streets. Where adjoining areas are not subdivided, the developer shall design and construct abutting short stub-outs or temporary turnarounds for the projection of streets into such unsubdivided areas.  (c) Street design standards.  (1) Local streets. Streets that serve individual residential lots. They carry low traffic volumes at low speeds. Local Streets shall have a right-of-way width of50 feet and aj pavement width of31 feet. Sidewalks on local streets shall be ar minimum of four feet wide, meet Texas Accessibility Standards, and must be constructed between the curb and 12 inches away from the property line. Where entrances to subdivisions are not part ofa collector street, they shall be 42 feet wide with 70: feet (2) Minor collectors. Streets generally located within subdivisions or between subdivisions to collect traffic from residential streets and to channel this traffic to major collectors. Residential lots may front on these streets. Minor Collectors shall have ai right-of-way width of 70 feet and a pavement width of 42 feet. Sidewalks on minor collectors shall be a minimum of four feet wide and cannot be placed (3) Major collectors. Streets generally located along borders of neighborhoods and within commercial areas to collect and to channel this traffic to the arterial system. These are limited access roads on which no single-family or two-family residential lots may front (i.e., no driveways shall be allowed) unless there is no other reasonable and safe access to the lot. Major collectors shall have a right-of- way width of 80 feet and a pavement width of 48 feet. Sidewalks on major collectors shall be a minimum of six feet wide and cannot be placed beyond the (4) Cul-de-sacs. Streets with only one outlet which terminates in a vehicular turnaround at the other end. Cul-de-sacs shall be provided at the closed end with a turnaround having a minimum pavement diameter of 96 feet and a right-of-way (5) Major arterial. Roads that serve corridor movements having trip lengths andi travel densities indicative ofsubstantial statewide or interstate travel. These are limited access roads on which no single-family or two-family residential lots may  ofright-of-way for a distance of 100 feet from the intersection.  beyond the property line.  property line.  diameter of1161 feet.  front. Major arterials will follow TxDOT design standards.  Page 25of29  P49    (6) Minor arterial. Roads that provide service to corridors with tripl lengths and travel densities greater than those served by rural collectors or local systems. They should have high overall travel speed with minimum interference to through movements. These are limited access roads on which no single-family or two- (d) Reserve strips. Reserve strips controlling access to streets shall be (e) Streetjogs. Street jogs with centerline offsets ofl less than 125 feet shall be (f) Street intersections. Streets shall bel laid out sO as to intersect ati right angles, or as close as possible to 90 degrees. Six-foot concrete valley gutters are required (g) Dead-end: streets. Dead-end streets shall bej prohibited except for short stub- outs for future roadway extensions. Temporary turnarounds are required if they (h) Street names. No street names shall be used which will duplicate or be confused with the names of existing streets. Street extensions shall use the existing street names. Street names shall be subject to the approval oft the city.  family residential lots may front.  prohibited except where their control is dediçated to the city.  avoided.  at street intersections where Cross drainage will occur.  exceed 150: feet in length.  (i) Streetlights.  (1) Itshall bet thej policy oft the city that adequate street lighting for traffic safety be installed in all new subdivisions within the city limits or those in its ETJ requesting voluntary annexation. Streetlights shall generally be limited to intersections, curves, dead ends, cul-de-sacs and where spacing exceeds 600 feet. (2) Installation procedures and acceptable standards for streetlights shall be governed by the design and specification standards of the electric utility company (3)The use of special non-standard poles or fixtures from sources other than the electric utility shall not be accepted for dedication to the public for city (4)Streetlights on collector and minor residential streets shall be at least 100-watt dLED Streetlights on major collectors and higher shall  serving the subdivision. maintenance.  be at least 250-watt hgh-pressure-sedtum-vapOrLED. (52) The city engineer shall approve the street lighting plan.  (6)_The developer shall be responsible for the cost of such street lighting installation, including the cost-of-service lines to supply electricity to the streetlights, and all engineering costs. Once satisfactorily installed, approved, and accepted, the ownership and maintenance of the streetlights shall be provided by (7) The furnishing of electric energy to the streetlights shall be provided by the electric utility providing service to the area. The city will pay the energy costs of  the electric utility serving the area. streetlights located ini the city limits.  Page 26of29  P50    () Sidewalks. Sidewalks shalll be required on all new streets. Sidewalks are: not required on existing streets, streets without curb and gutter, or in a subdivision where alll lots are greater than one acre in size. Sidewalks that are currently present on existing streets shall be retained when aj parcel ofl land/lot on an existing street is subdivided. Sidewalks shall be constructed before any certificates of occupancy (1) The subdivision developer may be required to install sidewalks when the city determines that in the interest of connectivity, accessibility, and/or public (2) All required public sidewalks shall be located in the city's right-of-way. (3) Subdivision developers are only responsible for installing sidewalks on (4) All sidewalk elevations shall not be less than the top elevation of the existing curb, nor more than 24 inches above the height of the street curb. (5) Obstructions such as, but not limited to, fire hydrants, telephone poles, and street signs shall not be located within a sidewalk, unless approval of such is (6) Sidewalk ambulatory ramps shall be constructed within each curb return at all street intersections within the subdivision prior to the granting ofa certificate of occupancy for the applicable lot. The ramp dimensions and surface finish shall be (7) The developer shall establish a uniform ground surface not to exceed the top of the curb elevation for all rights-of-way inside each curb return requiring sidewalk ambulatory ramps prior to the release oft the subdivision."  are issued by the city.  safety sidewalks are necessary.  property that is under construction.  obtained from the city engineer.  uniform throughout the subdivision.  SECTION 14. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at sections 48-110 through 48-145 by renumbering section 48-110 as section 48-46, by renumbering section 48-145 as section 48-47. and by  reserving sections 48-48 through 48-60.  SBC,48-H046-EXCEPFIONS:  The-eity-cumeit-meymoiy-RerpreeNrOFANeamdmayelete.parieipale-in the-eestefsueh-deAdevelepmentsiFEFRd-haHteeeireumstanees-ake#-aS-Whelewwoud-make-t mappropmate-e-regurene-develeperpreperyeweFecempy-wHHNSseHeen,erany-peFtiOn hereoframd-swehr-medifieilb-sFputiepaiwr-wok-asemps-egiiaeepuble-purpose Wheh-weula-benelFmeeiy-bael-reqwesterexepHor-sy-aedeveliepetrprepenyewner-purswant -ths-seetIOP-Shalseconsderedseparately-tmaecordanee-Wiswehenienaeasrecommended-by lie-eity-engimeet-eme-le-spPow-SFy-s-iepessempanied-by-sueh ensiderations-as-mAy-be-meessasy-le-ensurelhata-leglmale-puepwbHe-pupese-beneHeial-te-the ty-s-acempished-NOthng-NSF-secHOR-S-NH#e-eFPpubHe-funds-er  GPPaePyee  Page 27 of29  P51    SBC.48-14547-0ERSIGE,  Fhe-ownet,by-subsubmitingeplatyaeknewedges-ne-aitnentyeFlne-ely-antsiale-agencies-te wyeramtNpetTSarsiMP-dH-sah inspeetien-W-nOtreleaselneownerromanyesigatiee-cempYy-AhHeregurements-eFthese  Fules  SBC-48-48-60-RESERVEP,  SECTION 153. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of GATESVILLE, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 164. Iti is officially found and determined that the meeting at which this Ordinance was passed was open to thej public asi required by law, and thej public notice oft the time, place and SECTION 175. This Ordinance shall become effective immediately upon its passage and The foregoing Ordinance No. 2024- was read the first time and passed to the second reading The foregoing Ordinance No. 2024- was read the second time and passed to the third reading The foregoing Ordinance No. 2024- was read the third time and was passed and adopted as an  purpose oft this meeting was given as required by law.  approval.  this this  day of day of  20 20 day of  Ordinance to the City of Gatesville, Texas, this  20  BY:  GARY M. CHUMLEY, MAYOR  ATTESTED:  APPROVED ASTO: FORM AND SUBSTANCE:  Page 28 of29  P52    HOLLY OWENS, T.R.M.C. CITY SECRETARY  VICTORIA THOMAS CITY ATTORNEY  4888-2416-2028.V.1  Page 29 of29  P53    Gatesuille Spurchpitalarlea  Agenda Item #10 Date: To: From:  CITY COUNCIL MEMORANDUM  October 22, 2024 Mayor & City Council Holly Owens, City Secretary  Agenda Item: Discussion regarding Ordinance 2024-12 amending the Gatesville Code of Ordinances at Chapter 10 "Buildings and Building Regulations," Article II "Technical Codes," by adding a New Division 4 "Portable Buildings and Containers"; providing a penalty of fine not to exceed $500; providing a severability clause; providing a savings  clause; and providing for an effective date.  Information: created.  In accordance with the vision of the City of Gatesville City Council and its citizens, an ordinance regulating portable buildings, cargolshipping containers, and storage containers has been Cargo/shipping containers are defined as an all-steel container with strength to withstand shipment, storage and handling. Such containers include reusable steel boxes, freight containers and bulk shipping containers; originally a standardized reusable vessel that was designed for and used in the parking, shipping, movement, transportation or storage of freight, articles or goods or commodities; generally capable of being mounted or moved on a rail car, truck trailer or loaded Portable buildings are defined as any prefabricated structure assembled off site and delivered to the site as a complete unit or a building purchased in kit form and assembled onsite, which can This ordinance will regulate the use and location of cargo/shipping containers and portable buildings by setting setbacks and timelines on the temporary uses and permits will be required  on a ship.  be moved without disassembly to another location. for the use and placement of these structures. Financial Impact: There is no fiscal impact.  Staff Recommendation:  The staff recommends passing Ordinance 2024-12 adopting the amendment to the Gatesville Code of Ordinances at Chapter 10 "Buildings and Building Regulations," Article II "Technical Codes," by adding a New Division 4 Portable Buildings and Containers" to the next meeting. Imake a motion to pass Ordinance 2024-12 adopting the amendment to the Gatesville Code of Ordinances at Chapter 10 Buildings and Building Regulations," Article II "Technical Codes," by adding a New Division 4 "Portable Buildings and Containers" to the next meeting.  Motion:  P54    Attachments:  Draft Ordinance Staff Contacts:  Holly Owens owens@alesyletx.com Mike Halsema mhalsema@gatesvlletx.com  P55    ORDINANCENO,2V2412  AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES AT CHAPTER 10 "BUILDINGS AND BUILDING REGULATIONS, ARTICLE II *TECHNICAL CODES," BY ADDING A NEW DIVISION 4 "PORTABLE BUILDINGS AND CONTAINERS"; PROVIDING A PENALTY OF FINE NOT TO EXCEED $500; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN  EFFECTIVE DATE. oft the State ofTexas; and limits oft the city; and  WHEREAS, the City ofGatesvillei isal Homel Rulel Municipality operating under the laws WHEREAS, the City Council may establish building regulations within the corporate WHEREAS, the City Council has determined thati it would be advantageous and beneficial to the citizens ofthe City of Gatesville, Texas to set regulations for portable buildings, including  cargo and shipping containers;  NOWTHEREFORE, BEITORDAINED BYTHE CITY COUNCILOFTHECITY  OF GATESVILLE, TEXAS, THAT:  SECTION1. The findings set forth in the above preamble to this Ordinance arei true and correct SECTION2. The Code ofOrdinances ofthe City of Gatesville, Texas is hereby amended at Chapter 10 "Buildings and Building Regulations," Article II "Technical Codes," by adding a new Division 4 "Portable Buildings and Containers" which shall read in its entirety as follows: DIVISION. 4. PORTABLE BUILDINGS AND CONTAINERS  and arel hereby adopted and incorporated herein by this reference.  SEC. 10-26. DEFINITIONS.  (1) Aj portable storage container is a container intended to store or transport personal property which is transported to a desired location for drop-offby truck or trailer. The common name for such containers is PODS (portable on-demand storage). (2) Portable buildings are also any prefabricated structure assembled off site and delivered to the site as a complete unit or a building purchased in kit form and assembled onsite, which can be moved without disassembly to another location. (3) A cargo and/or shipping container is an all-steel container with strength to withstand shipment, storage and handling. Such containers includei reusable steel boxes, freight containers and bulk shipping containers; originally a standardized  Page 10 of5 P56    reusable vessel that was designed for and used in the parking, shipping, movement, transportation or storage of freight, articles or goods or commodities; generally capable ofbeing mounted or moved on arail car, truck trailer or loaded  on as ship.  SEC. 10-27.PORTABLE BUILDINGS AND CONTAINER REGULATIONS. (1) Portable storage containers are not permitted except for temporary use in all (2) A portable storage permit is required if a portable storage container is to be located on property for more than five days in a 360-day period. A portable storage permit must be obtained from the Building Official. A permit fee set by the city council is applicable and must be paid before the permit is issued. The  zoning districts within the city limits of the City of Gatesville.  permit duration is 30 days fromi issuance.  (3) Thel Building Official may grant an extension not to exceed 30 days ifthe permit holderdemonstrates extenuating circumstances beyond his/her control thatj justify  the extension.  (4) Ift the portable storage container is being used directly in conjunction with work being performed under an unexpired city building permit, the container may be located on thej property for a period not to exceed 180 days or the duration ofthe  building permit, whichever is less.  (5) Except as otherwise expressly provided in this subsection, the following standards apply to any use ofa portable storage container: a. only one such container is allowed per address in a 360-day period b. iflocated in a front or side yard, the container must be placed on an asphalt the container may not be placed on a street or on street right-of-way  or concrete surface  (6) Aj portable storage container shall not be used as a permanent substitute for an (7) No cargo container shall be used for human habitation or commercial business  accessory storage structure in any zoning district.  purposes.  (8) No cargo container shall be used to store. hazardous materials.  Page 2of5 P57    (9) No cargo container shall be used to store and keep refuse or debris in, against, on (10) Any cargo container shall be secure, structurally sound, stable and in good repair.  or under the cargo container.  (11) A 15-ft. setback required from any other structure.  (12) No cargo/shipping containers can be stacked on top of one another or on top of SEC. 10-28. PORTABLE BUILDINGS AND CONTAINER EXCEPTIONS. (1) CF, C-G, DT, IND Districts. More than one container is allowed per 360-day period and no permit is required even ift the total number of days that containers are located on thej property exceeds five days in a 360-day period, provided that:  any other object.  a. the containers are used for shipping and receiving inventory b. the containers are located in the rear yard oft the property thec containers are placed on a concrete or asphalt surface d. the containers comply with applicable setback requirements for :. on average each container is located on the property for a period  the district ofless than ten days.  (2) AG, R-SF, R-TH, R-2F, R-MF, R-MH, R-MHP Districts. More than one container: is allowed per 360-day period and noj permit is required even ifthe total number of days that containers are located on the property exceeds five days in a  360-day period, provided that:  a. the containers are used solely fori moving thej personal property of anew resident to the property or removing the personal property b. the containers are placed in an area that does not create a safety C. each container is on the property for five days orl less.  ofaresident moving from thej property  hazard  SEC. 10-29. PORTABLE BUILDINGS AND CONTAINER PENALTIES. (1) Any permit issued under this chapter may be revoked upon ten days' written notice to the owner, occupant or person in control of the property ifs such person iss storing, maintaining, or otherwise! keeping a cargo container in violation ofthis  chapter.  Page: 3of5 P58    (2) A cargo container otherwise existing on property prior to the adoption of this chapter that was lawfully placed and maintained shall be deemed a legal non- conforming use. Such non-conforming use shall not be increased, enlarged, extended or altered except ift the use may be voluntarily changed by the owner to ac conforming use which meets the requirements oft the city code.  (3) Any person, firm or corporation violating any oft the provisions oft this chapter of the city or amendments thereto, shall be guilty of a misdemeanor and, upon conviction in the municipal court oft the city shall be subject to ai finenoti to exceed the sum of $500 for each offense, and each and every day such offense shall  continue shall be deemed a separate offense. SECTIONS 10-30 THROUGH 10-53. RESERVED."  SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereofto any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions ofthis Ordinance, and the City Council ofthe City ofGatesville, Texas, hereby declares SECTION4. Iti is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and the public notice of the time, place and SECTION5.. This Ordinance shall become effective immediately uponi its] passage and approval. The foregoing Ordinance No. 2024- was read the first time and passed to the second reading The foregoing Ordinance No. 2024- was read the second time and passed to the third reading The foregoing Ordinance No. 2024- was read the third time and was passed and adopted as an  itw would have enacted such remaining portions despite any suchi invalidity.  purpose of this meeting was given as required by law.  this this  day of day of  20 20  Ordinance to the City of Gatesville, Texas, this  day of  20 -  BY:  GARY M. CHUMLEY, MAYOR  Page 4 of5 P59    ATTESTED:  APPROVED ASTO FORM:  HOLLY OWENS, T.R.M.C. CITY SECRETARY  VICTORIA THOMAS CITY ATTORNEY 4885-3380-6573,V.1  Page 5of5 P60    2024 February  January 12345 6  March  STWTT S SIWITS SM T W1 TF S 78 9 10 11 12 13 45678 - 91 10 34567 8 9 21222 23 2425_2627 18 19 20 21 222 2324 24 25 2627/282930  123 3  1 2  10 11 12 13 14 15 16 17 18 19 20 21 22 23  141 15 16 17 18 19 20 11 12 13 14 15 16 17  28 29 30 - 31  25 26 27 2829  31  April 12 23 45 6  May  June  S M T W T F S S M TWT - S S M TW T F S 78 8 9 10 11 12 13 567 8 9 10 11 2 3 4 5 6 7 8 21 - 22 23 - 24252627 19 - 20 21 22 23 24 25 23 24 25 26 272829  1234  1  9 10 11 12 13 14 15 16 17 18 19 2021 22  14 15 16 17 18 19 20 12 13 14 15 16 17 18  282 29 30  2627 282930 - 31 August  30  July 123 456  September  SMTW TF S S M TW TF S SM TW TF S 78910111219 456789.10 8910111213 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 181 19202 21 21 22_2324 252627 18 19 2021 2223 24 22 23 24252627/28  123 123456 7  282930 31  25 26272829 3031 29 30 November  October 12345  December  SMTW TF S SMTW TF S SMTW TF S 678 8 9 10 11 12 3 456  78 9 8 91 101 11 1213 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 - 202 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26272 28  12 123456 7  27 28 29 3031  24 25 26 27 28 - 29 30 29 3031