CITY COUNCIL MEETING MARCH 11, 2025 5:30 P.M. COUNCIL CHAMBERS, 110 NORTH 8TH STREET, GATESVILLE, TEXAS 76528 AN OPEN MEETING WAS HELD CONCERNING THIE FOLLOWING SUBJECTS: 1) CALL TO ORDER REGULAR CITY COUNCIL MEETING AT 5:31 P.M. THIS 11TH DAY OF MARCH 2025. 2) QUORUM CHECK/COUNCIL PRESENT: Mayor Gary Chumley, Mayor Pro-Tem Greg Casey, Councilmembers Meredith Rainer, Kalinda Westbrook, Jon Salter, and Aaron Smith. CITY STAFF PRESENT: City Manager Brad Hunt, City Secretary Holly Owens, Deputy City Manager/Finance Director Mike Halsema, Chad Newman, Seth Phillips, Shea Harp, and Police Chief. Jeff Clark. OTHERS: Travis VanBibber, Gatesville Messenger Staff Writer Alex Meelbusch, Leo Corona, Tanya Reed, Crystal Cowen, Matt Krock, Chris Ekrut, and Chamber of Commerce Yvonne Williams. 3) INVOCATION: Councilmember Salter and PLEDGE OF ALLEGIANCE: Led by Councilmember Salter. CITZENS/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 ACT ON ITEMS NOT: LISTED ON THE MEETING AGENDA. There were no public/citizen comments. PRESENTATIONS: 4) NewGen Presentation: Discussion regarding Retail Water and Sewer Rate Study Chris Ekrut, CFO and Director of NewGen Strategies and Solutions, gave a presentation regarding the retail water and sewer rate study. P1 Page 2 of 3 City Council March 11, 2025 5) MRB PD Presentation: Discussion regarding the construction or remodel of the Police Department Tanya Reed and Crystal Cowen with MRB Group gave a presentation regarding the construction or remodel of the Police Department. CONSENT: 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 requests an item to be removed and considered separately. 6) 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 requests an item to be removed and considered separately. a. Resolution 2025-023: Discussion and possible action regarding approval of minutes from Regular City Council Meeting held on February 25, 2025. (Holly Owens) b. Resolution 2025-024: Discussion and possible action regarding a Resolution committing matching funds for the 2025 TxCDBG Downtown Revitalization Program (DRP). (Mike Halsema) CONSENT AGENGA: Motion by Meredith Rainer, seconded by Aaron Smith to APPROVE the Consent Agenda as written (Items 6a and 6b). All five voting "Aye", motion passed, 5-0-0. OTHER BUSINESS: 7) Stormwater Drainage Issue at Kalyn Seibert update. (Brad Hunt) Discussion on the solution for stormwater drainage on Kalyn Seibert's commercial property. No action was taken. 8) Discussion and possible action regarding Ordinance 2025-07, amending Chapter 12, Cemeteries. (3rd and Final Reading) (Brad Hunt) ORDINANCE 2025-07: Motion by Jon Salter, seconded by Greg Casey to APPROVE ORDINANCE 2025-07, amending Chapter 12, Cemeteries. All five voting "Aye", motion passed, 5-0-0. 9) City Council recessed Regular Meeting and called a Public Hearing at 7:04 PM. Hear comments on Ordinance 2025-05, amending the Comprehensive Zoning Ordinance, Comprehensive Plan and Zoning Map of the City of Gatesville, Texas by establishing an initial zoning designation of Residential 2-4 Family Dwelling Units District situated in the Chrisanta Cozenoba Survey, Abstract 150 to the next meeting. There were no public comments. City Council closed the Public Hearing and reconvened the Regular Meeting at 7:05 PM. P2 Page 3 of 3 City Council March 11, 2025 10) Discussion and possible action to approve Ordinance 2025-05, amending the Comprehensive Zoning Ordinance, Comprehensive Plan and Zoning Map of the City of Gatesville, Texas by establishing an initial zoning designation of Residential 2-4 Family Dwelling Units District situated in the Chrisanta Cozenoba Survey, Abstract 150 to the next meeting. (2nd Reading) (Holly Owens) ORDINANCE 2025-05: Motion by Greg Casey, seconded by Kalinda Westbrook to APPROVE ORDINANCE 2025-05, amending the Comprehensive Zoning Ordinance, Comprehensive Plan and Zoning Map of the City of Gatesville, Texas by establishing an initial zoning designation of Residential 2-4 Family Dwelling Units District situated in the Chrisanta Cozenoba Survey, Abstract 150 to the next meeting. All five voting "Aye" with one "Abstain", 3 motion passed, 4-0-1 (Smith). 11) Discussion and possible action to approve Ordinance 2025-08, amending Chapter 48, adding Article VI "Planning and Zoning Commission". (Brad Hunt and Holly Owens) ORDINANCE 2025-08: Motion by Aaron Smith, seconded by Jon Salter to APPROVE ORDINANCE 2025-08, amending Chapter 48, adding Article VI "Planning and Zoning Commission". All five voting "Aye", motion passed, 5-0-0. 12) Discussion and possible action to approve Ordinance 2025-09, amending Chapter 10, Article IV "Substandard Structures", : establishing a Building Standards Commission. (Brad Hunt and Holly Owens) ORDINANCE 2025-09: Motion by Kalinda Westbrook, seconded by Greg Casey to APPROVE ORDINANCE 2025-09, amending Chapter 10, Article IV "Substandard Structures", establishing a Building Standards Commission. All five voting "Aye", motion passed, 5-0-0. 13) Discussion and possible action to approve Ordinance 2025-10, amending Chapter 10, Article II "Technical Codes", amending the Board of Adjustment selection of members and terms of appointment. (Brad Hunt and Holly Owens) ORDINANCE 2025-10: Motion by Jon Salter, seconded by Aaron Smith to APPROVE ORDINANCE 2025-10, amending Chapter 10, Article II "Technical Codes", amending the Board of Adjustment selection of members and terms of appointment. All five voting "Aye", motion passed, 5-0- 0. 14). Adjourn Meeting City Council adjourned at 7:25 P.M. Mayor Gary Chumley ATTEST: City Secretary, Holly Owens P3 Regular 3/25/2025 Resolution 2025-026 Gateuille Spur Capital ofTexas Consent Agenda: #4b CITY COUNCIL MEMORANDUM Date: March 25, 2025 To: Mayor & City Council From: Mike Halsema, Deputy City Manager Agenda Item: Consider Resolution approving Monthly Financial Reports Information: Attached are the unaudited monthly financial reports for January 2025 for Council consideration. Staff Recommendation: N/A Motion: N/A Attachments: January Financials Staff Contacts: Mike Halsema, Deputy City Manager mhalemaeteyletkcon P4 City of Gatesville Spur Capital of' Texas FY 2024-2025 Monthly Financial Report JANUARY 2025 P5 General Fund JANUARY 2024-25 2024-25 Revenues Budget YTD % YTD AV Taxes 1,633,598 2,952,906 2,249,201 76.2% Sales Tax 253,694 2,950,000 1,009,483 34.2% Franchise Fees 81,141 802,000 276,655 34.5% Fines & Fees 12,665 152,000 40,659 26.7% Othert taxes 939 15,000 4,369 29.1% Licenses & Permits 7,181 62,600 51,213 81.8% Rental Income 2,420 64,000 22,562 35.3% Parks & Rec 49,978 420,000 120,015 28.6% Misc. Revenues 8,756 151,500 73,562 48.6% Intergovernmental 371,459 0.0% Inter fund Transfers 47,627 687,503 190,509 27.7% TOTAL REVENUES 2,098,000 8,628,968 4,038,228 46.8% 2024-25 2024-25 Expenditures JANUARY Budget YTD % YTD LIBRARY 20,444 290,663 96,966 33.4% ADMINISTRATION 121,091 1,423,950 575,626 40.4% PLANNING 15,995 152,200 49,049 32.2% POLICE 189,801 2,878,749 893,502 31.0% COURT 14,398 199,062 71,624 36.0% FIRE 23,763 372,758 209,153 56.1% STREET 59,304 1,229,677 330,384 26.9% FLEET SERVICES 11,247 148,370 45,841 30.9% BUILDING INSPECTIONS 10,966 128,911 52,272 40.5% PARKS & RECREATION 51,896 859,978 261,491 30.4% FT CAVASOS REC MGMT 371,459 0 N/A Fitness Center 18,290 324,500 125,952 38.8% SWIMMING POOL 4,918 124,138 10,533 8.5% CIVIC CENTER 7,908 124,553 37,102 29.8% TRANSFER EXPENSE 0.0% TOTAL EXPENDITURES 550,022 8,628,968 2,759,496 32.0% Gain (Loss) 1,278,732 P6 FY 25 Monthly Sales Tax 390,000 340,000 290,000 240,000 190,000 140,000 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep - 2023-24 -Budget ---2024-25 Expenditures Budget YTD Salaries $4,163,057 $1,236,088 29.7% Benefits $1,246,073 $357,467 28.7% Professional Services & Training $796,626 $232,540 29.2% Utilities $282,945 $91,244 32.2% Materials & Supplies $291,876 $139,416 47.8% Maintenance & Operations $1,420,756 $539,440 38.0% Lease & Rental $280,259 $79,510 28.4% Miscellaneous $0 $5,680 0.0% Grant Expenses $0 $0 0.0% Debt Service $65,154 $0 0.0% Transfers $0 $0 0.0% Capital Outlay $82,221 $78,112 95.0% Total Expenditures: $8,628,968 $2,759,496 32.0% -Sales tax collections are exceeding budget, and higher than prior year. -Property tax collections are as expected for YTD, and will exceed budget -Licenses & permits increased due to increased development activity. -Fire department budget is elevated due to 1-time expenditures. -M&O is increased due to one-time expenses, including annual liability insurance payment -Capital Outlay is increased due to one-time purchases made at the beginning oft the year. 27 Water & Sewer Fund JANUARY 2024-25 2024-25 Budget YTD % YTD Water Revenues Water Sales Residential 137,669 1,971,963 643,692 32.6% Commercial And Institutional 177,100 2,021,987 772,587 38.2% Wholesale 106,729 1,041,281 469,919 45.1% Connections & Installs 22 31,300 319 1.0% Misc. 7,928 71,000 30,482 42.9% Subtotal 429,448 5,137,531 1,916,999 37.3% Expense Distribution & Collections Personnel 60,111 757,838 239,522 31.6% O&M 27,331 518,062 172,968 33.4% Debt Service 181,775 206,225 181,775 Capital Outlay 1,308,987 0.0% Production Personnel 44,320 507,570 184,369 36.3% 0&M 93,121 1,705,291 432,657 25.4% Debt Service 20,564 928,128 41,128 Capital Outlay 30,922 63,751 206.2% Subtotal 427,223 5,963,023 1,316,170 22.1% Sewer Revenues Sewer Fees Residential 106,101 944,612 427,012 45.2% Commercial And Institutional 113,019 2,074,791 518,675 25.0% Connections & Installs 9,300 55 0.6% Misc. 2,682 29,000 25,098 86.5% Subtotal 221,802 3,057,703 970,840 31.8% Expense Personnel 37,865 519,264 164,258 31.6% 0&M 121,866 1,029,059 358,271 34.8% Debt Service 897,327 Capital Outlay 27,423 9,159,200 1,256,854 13.7% Subtotal 187,154 11,604,850 1,779,383 15.3% Sanitation Revenues 74,035 889,920 298,494 33.5% Expense 74,087 865,700 217,020 25.1% Non Departmental Revenues Grants & reimbursements 336,805 10,177,182 1,199,223 11.8% Interest 39,498 153,600 161,978 105.5% Subtotal 376,303 10,330,782 1,361,201 13.2% Expense Transfers and Franchise fees 81,351 982,363 343,840 35.0% Grand Total Revenues 1,101,587 19,415,936 4,547,534 23.4% Expense 769,816 19,415,936 3,656,413 18.8% Gain (Loss) 331,771 891,121 P8 -Water sales are inline with budget -Water expenditures are as anticipated within budget. -Water retail and wholesale rate studies are in progress. -Sewer fees are inline with budget and as expected. -Sewer expenses are driven primarily by the Stillhouse plant renovation project -Planned capital projects are underway, most are in preliminary stages at this point P9 Airport Fund FY25 YTD % of AIRPORT REVENUE Budget JANUARY Budget 060-4-101-4203 RECEIPTS OF GAS/OIL SAL $ 23,000 $ 3,360 14.6% 060-4-011-4302 RECEIPTS OF HANGAR RENT $ 28,500 $ 13,480 47.3% 060-4-101-4303 RECEIPT OF BUILDING LEASES $ $ 060-4-101-4550 MISCELLANEOUS $ $ 518 060-4-011-4600 GRANT REIMBURSEMENTS $ $ 060-4-011-4400 INTEREST $ 1,521 060-4-101-4750 RAMP Grants $ 3,000 $ 1,264 42.1% TOTAL REVENUE $ 54,500 $ 20,143 36.96% EXPENDITURES 060-5-150-10080 CONTRACT SERVICES $ 7,200 $ 300 4.2% 060-5-150-20010 UTILITIES $ 6,000 $ 1,421 23.7% 060-5-150-20020 MAT., SUP., & PRINTING $ 1,000 $ 0.0% 060-5-150-20045 PROP, LIAB, WC INSURAN $ 3,700 $ 3,543 95.7% 060-5-150-20090 EQUIPMENT PURCHASE $ $ 060-5-150-20170 CREDIT CARD SERV FEE $ 450 $ 103 22.9% 060-5-150-30010 GAS & OIL $ $ 060-5-150-30015 FUEL FOR RESALE $ 20,000 $ 4,236 21.2% 060-5-150-30020 MISCELLANEOUS $ 600 $ 0.0% 060-5-150-30070 MAINTENANCE AGREEMENT $ $ 060-5-150-40010 CAPITAL OUTLAY $ $ 060-5-150-50010 REPAIRS & MAINTENANCE $ 15,550 $ 99 0.6% 060-5-150-61415 GRANT EXPENDITURES $ TOTAL EXPENSES $ 54,500 $ 9,701 17.80% Gain (Loss) 10,442 P10 Hotel Occupancy Tax (HOT) Fund FY25 YTD % of HOT FUND REVENUE Budget JANUARY Budget 040-4-008-4400 INTEREST 8,000 9,309 116.4% 040-4-008-4500 Prior Year Resources U 040-4-008-4950 HOTEL OCCUPANCY TAX 150,000 64,239 42.8% TOTAL REVENUE $ 158,000 $ 73,547 46.55% EXPENDITURES 040-5-138-60010 TRANSFER TO GENERAL FUND $ 29,610 . 0.0% 040-5-138-61000 CVB CENTER EXPENSES $ 040-5-138-61010 ADVERTISING $ 18,500 10,865 58.7% 040-5-138-61020 PROMOTION OF THE ARTS $ 5,000 0.0% 040-5-138-61030 SIGNAGE & WAYFINDING $ 040-5-138-61040 PROMOTION OF SPORTING EVENTS $ 102,023 0.0% 040-5-138-61050 HISTORICAL PRESERVATION $ TOTAL EXPENSES $ 155,133 $ 10,865 7.00% Gain (Loss) 62,682 21 Regular 3/25/2025 Resolution, 2025-027 GatèsVille Spur Capital ofTexas Agenda Item #5 CITY COUNCIL MEMORANDUM Date: March 25, 2025 To: Mayor & City Council From: Mike Halsema, Deputy City Manager Agenda Item: Discussion and possible action regarding the Fiscal Year 2024 Annual Comprehensive Financial Report and special examination by Vail Park PC. Information: The city has engaged Vail Park PC for auditing services over the past three years. Vail & Park have successfully completed the FY24 audit and special examination. As special examination becomes necessary when only CLFRF expenditures exceed $750,000 and Federal or State grants do not exceed $750,000 within a fiscal year. Given the two major projects of Lovers Lane and the water clarifier projects undertaken by the city in FY24, exceeding $750,000 in CLFRF expenditures was inevitable. However, the city received an unmodified or "clean" audit, devoid of any management comments or findings. Governmental. Activities - Police, Parks, Streets, and Administration, etc. Revenues have shown an increase of $719,464 (9%) compared to the previous fiscal year. This rise is attributed to a $348,004 increase in property tax revenue, alongside a $165,849 increase in charges for service due to increased permit revenues. Conversely, expenses within governmental activities have also risen by $379,799 (5%) compared to the previous fiscal year, with the largest increase seen in general government expenses, up by $497,672. Notably, public safety remains the largest expense category, accounting for $3,378,243 in expenses for FY 2024. While the total net position for governmental activities has increased by 16.7% from the previous year, the unrestricted fund balance of the General Fund has witnessed a decrease. Overall, the General Fund balance has reduced from $2.438 million to $2.435 million. Despite this reduction, our reserves stand at 30.8% of expenditures, surpassing our minimum fund balance policy of 25%. Business Activities - Water and Sewer Services Revenues from business-type activities have increased by $1,485,697 (14%) from the prior year. This increase is primarily attributed to a $1,003,310 (103%) rise in capital grants and contributions, associated with the recognition of revenue related to the CSLFRF funds, and a $325,274 (3%) increase in charges for services. Conversely, expenses have also seen an increase of $157,814 from the previous year. P12 Regular 3/25/2025 Resolution 2025-027 The Water Sewer fund's net position has grown by $3.1 million, largely due to capital projects funded by grants, ARPA funds, and operating revenues. However, thei fund's unrestricted fund balance has increased from $1.4 million to $2.5 million, above our target of 25% at 31% of operating expenses. The Airport Fund's net position has decreased by $4,186, primarily due to depreciation exceeding capital additions. However, the unrestricted fund balance increased from $124,979 to $165,451. Additionally, the Hotel Occupancy Tax (HOT) Fund balance has increased by $133,186, with an ending balance of $635,582. Other smaller funds have all reported positive fund balances and net increases to fund balances. Staff Recommendation: The staff recommends that the city council accept the Fiscal Year 2024 Annual Comprehensive Financial Report and special examination by Vail Park PC. Motion: I move to approve Resolution 2025-027, accepting the Fiscal Year 2024 Annual Comprehensive Financial Report and special examination by' Vail Park PC. Attachments: Fiscal Year 2024 Annual Comprehensive Financial Report and special examination by Vail Park PC Staff Contacts: Mike Halsema, Deputy City Manager abemaerieyietkcon P13 Regular 3/25/2025 Resolution 2025-028 Gatéuille Spur Capital ofTexas Agenda Item # 6 CITY COUNCIL MEMORANDUM Date: March 25, 2025 To: Mayor & City Council From: Bradford Hunt, City Manager Agenda Item: Discussion and possible action regarding establishment of a crosswalk on Memorial Drive, between Coryell Health Clinic 2 and Clinic 3. Information: City Manager Hunt met with Clinton C. Black, Chief Operating Officer and General Counsel for Coryell Health, to discuss the need for a crosswalk between two clinics. During this on-site meeting, Mr. Hunt observed that a crosswalk in the proposed area would benefit pedestrians attempting to cross Memorial Drive, between Coryell Health Clinics 2 and 3. According to Mr. Black, this is a common need throughout normal business days, when traffic on Memorial Drive tends to be heavier. City Ordinance does not specifically address the establishment of crosswalks, leaving such designation possible by resolution of City Council. Ordinance does address the means by which improvements to the City's Right of Way must be made. Ordinance 46-6 states: "lt shall be unlawful for any person to build, remove, repair, vary the grade line, change or alter any sidewalk, curb or gutter along the line of any street or alley without first obtaining a permit from the city." And, Ordinance 46-140 states, in part: (a)Except in the event of an emergency as defined under this article, when a street or sidewalk cut is required, prior approval must be obtained from the city manager, or his designee, and all requirements of this article and other applicable ordinances must be followed.b)Prior to excavation of a street or sidewalk, a user shall be in compliance with all local, state, and federal laws." Accordingly, this memo requests that council grant the City Manager authority to approve the establishment of a crosswalk in the area described in Figure 1 below, and to approve forthcoming permits to Coryell Health to establish, at their cost, ADA-compliant ramps leading to the cross walk via curb cuts and concrete work. 1 P14 Regular 3/25/2025 Resolution 2025-028 Figure 1 Pedestrian lanes in parking! lots a DODOOA 4 08143 The exact placement of the markings for the crosswalk will occur at City's cost and under the direction of the Street Department Superintendent. Curb cuts, pedestrian lane markings, and ADA-compliant ramps/concrete work will occur once permits are approved, proceed at Coryell Health's cost, and remain under the direction of the Street Department Superintendent. Financial Impact: less than $500 Staff Recommendation: The staff recommends that council approve Resolution 2025-028, authorizing the placement of a crosswalk on Memorial Drive, between Coryell Health Clinics 2 and 3, in Gatesville, Coryell County, Texas. Motion: I make a motion to approve Resolution 2025-028, authorizing the placement of a crosswalk on Memorial Drive, between Coryell Health Clinics 2 and 3, in Gatesville, Coryell County, Texas. 2 P15 Regular 3/25/2025 Resolution 2025-029 GatesVille Spur Capital ofTexas Agenda Item #7 CITY COUNCIL MEMORANDUM Date: March 25, 2025 To: Mayor & City Council From: Mike Halsema, Deputy City Manager Agenda Item: Discussion and possible action regarding renewing the depository agreement with Cadence Bank for one year. Information: The intent of this Agenda Item is to seek the City Council's approval to renew the Depository Services Agreement with Cadence Bank (formerly Bançorp South) under the same terms and conditions for the period beginning May 1, 2025, through April 30, 2026. On April 12, 2022, the City Council approved the Bank Depository Agreement with Cadence Bank (formerly Bancorp South). The City of Gatesville accepted applications for bank depository services for 3 years, beginning May 1, 2022, with the option to extend the agreement for an additional 2 years, 1 year at a time, based upon performance. Staff Recommendation: The staff recommends that the city council renew the depository agreement with Cadence Bank (formerly Bancorp South) under the same terms and conditions for the period beginning May 1, 2025, through April 30, 2026. The bank has provided excellent service and has adjusted the earned interest rate to a floating rate of Fed Funds-110bps, while maintaining a flat $500 per month fee for account services and providing free check stock. Motion: move to approve Resolution 2025-029, extending the Depository Services Agreement with Cadence Bank under the same terms and conditions for the period beginning May 1, 2025 through April 30, 2026. Attachments: Resolution Staff Contacts: Mike Halsema, Deputy City Manager mhalemaertewletcon P16 RESOLUTION NO. 2025-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GATESVILLE TEXAS DESIGNATING CADENCE BANK AS THE DEPOSITORY BANK FOR THE CITY OF GATESVILLE; APPROVING A ONE YEAR RENEWAL OF THE CITY'S DEPOSITORY SERVICES AGREEMENT WITH CADENCE BANK TO BE EFFECTIVE MAY 1, 2025; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID RENEWAL AND ALL NECESSARY AND RELATED DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council authorized the City Manager to execute a Depository Services Agreement with Cadence Bank (formerly Bancorp South) for a three-year term beginning May 1, 2022 with two (2) one-year renewals terms available thereafter ; and WHEREAS, the Depository Services Agreement will expire at midnight on April 30, 2025, unless renewed; and WHEREAS, the City Council finds it serves the general welfare and to be in the best interest of the citizens of the City to exercise the first renewal option on the Depository Services Agreement with Cadence Bank. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS THAT: Sec on 1. The facts stated in the preamble are true and correct and are adopted as a part of this resolution for all purposes. Sec on 2. The City does hereby designate Cadence Bank, as the Primary Depository Bank of the City of Gatesville, Texas and hereby exercises its option to renew its Depository Services Agreement with Cadence Bank for a term commencing May 1, 2025, and expiring at midnight on April 30, 2026. Sec on 3. The City Manager is hereby authorized to execute the one-year renewal of the City's Depository Services Agreement with Cadence Bank for the period beginning May 1, 2025 through April 30, 2026 under the same terms and conditions as set forth in the City's current Depository Services Agreement. Sec on 4. This resolution shall take effect immediately upon its passage. Sec on 5. The meeting at which this resolution was approved was in all things P17 conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. This resolution shall become effective from and after its passage. PASSED AND APPROVED this day of 2025 Mayor, Gary Chumley ATTEST: City Secretary, Holly Owens 4912-1557-5340, V. 1 P18 Regular 3/25/2025 Ordinance 2025-05 Gatèsuille Spur Capital ofTexas Agenda Item #8 CITY COUNCIL MEMORANDUM Date: March 25, 2025 To: Mayor & Council From: Holly Owens, City Secretary Agenda Item: Discussion and possible action regarding the zoning designation of property located on the C Cazanoba Survey; Abstract 150 being on 4.7 acres for the Washburn II Addition to Res_2_4 Family. Information: The Washburn III Addition described as property located on the C Cazanoba Survey; Abstract 150 was annexed into the City of Gatesville by Ordinance 2025-04. Staff believes Res 2-4 Family is an appropriate zoning classification for the property, considering the easement running north and south through the back portion, which limits the potential for development of large homesites as allowed under the Ag_ Suburban Homesites zoning. The adopted comprehensive plan shows future land use for this area as AG Suburban Homesites and Residential Single Family. The applicant plans to build 6 duplexes along Stillhouse Road as an extension to the existing development across the street to the north. Following publication of notice and public hearing, the Planning and Zoning Commission on January 6, 2025, recommended approving the zoning designation to Res 2-4 Family with a unanimous vote. The 1st reading was heard on February 25, 2025, followed by the 2nd reading on March 11, 2025, both passing. This is the 3rd and final reading. Financial Imp pact: There is no financial impact to the City of Gatesville. Staff Recommendation: Passing Ordinance 2025-05, assigning the zoning designation of Residential 2-4 Family Dwelling Units District to the property located on the C Cazanoba Survey to the next meeting. Motion: I move to pass Ordinance 2025-05, assigning the zoning designation of Res 2_4_Family to the property located on the C Cazanoba Survey to the next meeting. P19 Regular 3/25/2025 Ordinance 2025-05 Attachments: Ordinance Site Plan Coryell County appraisal map Applications Zoning Map P20 BOCE a ro GAEAL ISCAE coerR MATLOGU G. CAZANOSA SURVEY ABST. a 150 su Surve STILLHOUSE ROAD (470.97). L 470.83' BE E > 38 24 % % 37.0 s A # S 9 o a d 6278 a # & nr . LOT a E E & 0as dn LOT 5 9 & LOT a & 3 % 745 m % Hr 228.04 - 75.00 U E N, 88'1474 W 437.24 a a a DT L % "R CA f zi 3 8 Pabiok. dynn Waskbunn oc' and 0 Colin blake Waskbunn ae 2 o 7.92 donas Jnak Plal 368040 E vD CA UNE 2 & 3 - 75.00 & 5 : - € 6 6 LOT FUTURE - 26 ea DEVELOPMENT Pamela Plantin % 2.625, doves 75.00 nsk Ylo. 180665 S 89'0831 V 110.00 P21 Untitled map 784 783 1/2/2025 1:3,030 0 0.02 0.04 0.08 mi Zoning.2021_10 Business.Commerital. <all other values> 0 0,04 0.07 0,141 km Res2.4_Family World Hillshade Esri Community Maps Contributors, Texas Parks & VAldite, e OpenStreetMap, Microsof, CONANP, Esri, TomTom, Garmin, SafeGraph, A.Suburban.Momesnes Res_Single_Family P22 Search Here: 15257 x Q 0o Show search results for 115... > EarCommunity Maps Cantributor , Tmas Parisa P23 ORDINANCE 2025-05 AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ZONING MAP AND COMPREHENSIVE PLAN OF THE CITY OF GATESVILLE, TEXAS, AS HERETOFORE AMENDED, BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF RESIDENTIAL 2-4 FAMILY DWELLING UNITS DISTRICT ("RES. 2-4 FAMILY") FOR AN APPROXIMATELY 2.08 ACRE TRACT SITUATED IN THE CHRISANTA COZENOBA SURVEY, ABSTRACT NO. 150 AND BEING A PART OF A 7.92 ACRE TRACT DESCRIBED IN A DEED TO PATRICK LYNN WASBURN AND COLTEN BLAKE WASHBURN AS RECORDED IN INSTRUMENT NO. 368010, DEED RECORDS OF CORYELL COUNTY, TEXAS, IN THE CITY OF GATESVILLE, CORYELL COUNTY, TEXAS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 25, 2025, with regard to an approximately 2.08 acre tract situated in the Chrisanta Cozenoba Survey, Abstract No. 150 and being a part of a 7.92 acre tract described in a deed to Patrick Lynn Washburn and Colten Blake Washburn as recorded in Instrument No. 368010, Deed Records of Coryell County, Texas, in the Cityof Gatesville, Coryell County Texas (the "Property"), the City Council of the City of Gatesville, Texas granted the voluntary petition of the owners of the Property for annexation of the Property into the corporate limits of the City of Gatesville; and WHEREAS, the City Planning and Zoning Commission of the City of Gatesville, Texas, and the governing body of the City of Gatesville in compliance with the laws of the State of Texas and the Ordinances of the City of Gatesville, have given requisite notice of publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and in the exercise of its legislative discretion, the City Council has concluded that the Comprehensive Zoning Ordinance, Zoning Map, and Comprehensive Plan should be amended with regard to the Property as set forth hereinbelow. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS THAT: SECTION 1. The recitals set forth above are found and determined to be true and correct and are incorporated herein by this reference, including the designated shorthand terms established therein. P24 Ordinance 2025-05 Page 2 of 4 SECTION 2. The Comprehensive Zoning Ordinance, Zoning Map, and Comprehensive Plan oft the City of Gatesville, Texas, as heretofore amended (collectively, the "Zoning Ordinance"), shall be and it is hereby amended by establishing an initial zoning district classification fori the Property, which Property is more particularly described and depicted in Exhibit "A" attached hereto and incorporated herein by this reference, of Residential 2-4 Family Dwelling Units District ("Res. 2-4 Family"). SECTION 3. To the extent of any irreconcilable conflict with the provisions of this ordinance and other ordinances of the City of Gatesville governing the use and development of the Property and which are not expressly amended by this ordinance, the provisions of this ordinance shall be controlling. SECTION 4. All provisions of the Ordinances of the City of Gatesville, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City of Gatesville, Texas, not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part sO decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense committed before the effective date of this Ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Gatesville, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8. This Ordinance shall take effect immediately from and after its passage and the publication oft the caption, as the law and charter in such cases provides. The foregoing Ordinance No. 2025-05 was read the first time and passed to the second reading this 25th day of February, 2025. The foregoing Ordinance No. 2025-05 was read the second time and passed to the third reading this 11th day of March, 2025. The foregoing Ordinance No. 2025-05 was read the third time and duly approved, passed and adopted this the 25th day of March, 2025. P25 Ordinance 2025-05 Page3 of4 APPROVED: By: Gary Chumley, Mayor ATTESTED: Holly Owens, T.R.M.C., City Secretary APPROVED AS TO FORM: Victoria Thomas, City Attorney P26 Ordinance 2025-05 Page 4 of4 EXHIBIT A Property Legal Description and Survey [to be attached] 4935-4427-7780, V. 1 P27 Regular 3/25/2025 Ordinançe 2025-09 Gateuille Spur Capital ofTexas Agenda Item #9 CITY COUNCIL MEMORANDUM Date: March 25, 2025 To: Mayor & Council From: Holly Owens, City Secretary Agenda Item: Discussion and possible action to approve Ordinance 2025-09, amending Chapter 10, Article IV "Substandard Structures", establishing a Building Standards Commission. Information: City Council approved and passed Ordinance 2020-13 establishing City Council as the Building Standards Commission. This ordinance is amending Chapter 10, Article IV with the following notable items: The Planning and Zoning Commission have unanimously agreed to also serve as the Building Standards Commission. - page 2 Terms and Selection of Members = page 2-3 Meetings and Quorum - page 7 Hearing and Procedures: (these were added after legal review and were part of their recommendation) Added removal and/or relocation of any occupants to give BSC the authority to order removal of vagrant/squatters who are not entitled to be there. page 7-8 Deleted "written evidence shall be admitted only if the BSC determines relevant... " It's legally better to let evidence in, even if it has very little or no probative value. That way, we don't give the other side ammunition to argue on appeal that we should have allowed this evidence in. - pages 7-8 This ordinance is to streamline the process and update the ordinance with current legislation for substandard procedures. The first reading was heard on March 11, 2025, with a unanimous vote of 5-0-0. This is the second reading. Financial Impact: There is no financial impact to the City of Gatesville. Staff Recommendation: Staff recommends passing Ordinance 2025-09, approving the amendment to Chapter 48, adding Article VI "Planning and Zoning Commission" to the next meeting. P28 Regular 3/25/2025 Ordinance 2025-09 Motion: I move to pass Ordinance 2025-09, approving the amendment to Chapter 48, adding Article VI "Planning and Zoning Commission" to the next meeting. Attachments: Article IV Code of Ordinances Draft ordinance P29 PART II CODE OF ORDINANCES Chapter 10 - BUILDINGS AND BUILDING REGULATIONS ARTICLE IV. SUBSTANDARD STRUCTURES ARTICLE IV. SUBSTANDARD STRUCTURES Sec. 10-159. Definitions. For the purpose of this article, the following definitions shall apply: Building: The term "building" shall include buildings, appurtenances or other structures or excavations existing above or below the ground level. Building standards: The term "building standards" refers to all standards or requirements set forth in any building or other code adopted by the city's Code of Ordinances including, but not limited to article through article V of chapter 5 of the city's ordinances, which articles are updated from time to time, and which standards and requirements are incorporated herein. (Ord. No. 2020-13, $ 2(Exh. A), 9-22-20) Sec. 10-160. Compliance; nuisance. All buildings within the city shall comply with the provisions of this article. Any building or dwelling constructed, construed, existing, or otherwise maintained in violation of this ordinance constitutes a nuisance, is substandard, and ist therefore illegal. (Ord. No. 2020-13, $ 2(Exh. A), 9-22-20) Sec. 10-161. Building standards commission. (a) The city shall establish a buildings standards commission. As provided in this article, the building standards commission shall hear any person with respect to the repair, vacation, or demolition of any building which may have been found byt the city building inspector to be an uninhabitable or dangerous dwelling or building. As provided in this article, the building standards commission is authorized to conduct hearings, make determinations, and issue orders as set forth in this ordinance. (b) The Gatesville City Council is hereby designated as the building standards commission. (Ord. No. 2020-13, $ 2(Exh. A), 9-22-20) 'Ord. No. 2020-13, $ 1, adopted Sep. 22, 2020, repealed the former Art. IV, 55 10-159- - 10-173, and $ 2(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. IV pertained to similar subject matter and derived from Code 2013, 55 5-65-5-79; and Ord. No. 2016-01, adopted Feb. 23, 2016. State law eferencely-Authonty to require demolition or repair of dilapidated, substandard, unfit or hazardous buildings, Texas Local Government Code S 214.001 et seq. Gatesville, Texas, Code of Ordinances Created: 2024-12-23 11:46:39 [EST) (Supp. No. 4) Page 1 of 8 P30 Sec. 10-162. Substandard buildings; action on substandard buildings and dwellings. (a) The following buildings are in violation of the city's building standards and, in such condition, are unfit for human occupation or are considered dangerous and in violation of this article: (1) All buildings that violate the International Building Code, International Residential Code, or any other International Code or building standards adopted by the city as set forth in section 10-22 to the extent that such building is in a condition that is unsafe, unsanitary, or dangerous; (2) All buildings, dwellings, or dwelling units in which the interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls more than 50 percent outside of the middle width of its base; (3) All buildings, dwellings, or dwelling units in which, exclusive of the foundation, show 33 percent or more, of damage or deterioration of the supporting member or members, or 50 percent of damage or deterioration of the non-supporting enclosing or outside walls or covering; (4) Those which have improperly distributed loads upon the roof or floor or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose; (5) All buildings, dwellings, or dwelling units which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants thereof or the citizens of the city; (6) All buildings, dwellings, or dwelling units which have become or are sO dilapidated, decayed, unsafe, unsanitary or which sO utterly fail to provide the essentials to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, sO as to work injury to the health, safety or general welfare of those living therein. (7) Those having height, air and sanitation facilities which are nadequate to protect the health, safety, or general welfare of human beings who live or may live therein. (8) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication. (9) Those which have parts thereof which are sO attached that they may fail and injure members of the public or property. (10) Those which because of their condition are a public nuisance, unsafe, unsanitary or dangerous to the health, safety or general welfare. (b) The building standards commission is authorized to determine whether any of the above conditions or defects exist- and to determine what action, if any, is appropriate ifsuch conditions or defects are found to exist. The building standards commission is authorized to take such actions, as authorized by this ordinance or statute. Specifically, the building standards commission is authorized: to order the vacation of a building; the relocation ofi its occupants; the demolition of the building; or the repair or removal of a building. (c) The employees of the fire, police, health or other administrative departments, finding the same, shall make a report in writing to the building inspector of all buildings or structures which are, may be, or are suspected to "substandard buildings" within the terms of this article. (Ord. No. 2020-13, S 2(Exh. A), 9-22-20) Created: 2024-12-23 11:46:38 [EST] (Supp. No.4 4) Page 2 of 8 P31 Sec. 10-163. Standards of repair, vacation or demolition. The following standards shall be followed in substance by the building inspector and the building standards commission in ordering repair, vacation, or demolition: (1) If1 the' 'substandard building" can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired. (2) Ift the' 'substandard building" is in such condition as to make it dangerous to the health, safety, or general welfare of its occupants, it shall be ordered to be vacated. (3) In any case where a "substandard building" is 50 percent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired sO that it will no longer exist in violation of the terms of this article, it shall be demolished. In all cases where a "substandard building" is a fire hazard existing or erected in violation of the terms oft this article or any ordinance of the city or statute of the state, it shall be demolished, or repaired to the extent that the fire hazard will be eliminated. (Ord. No. 2020-13, $ 2(Exh. A), 9-22-20) Sec. 10-164. Inspections. The building inspector shall: (1) Inspect or cause to be inspected annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, and commercial, manufacturing, or loft buildings, for the purpose of determining whether any conditions exist which render such places a "substandard building" within the terms of this article. (2) Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article. (3) Inspect any building, wall or structure reported, as hereinafter provided, by the fire or poliçe or other departments of this city as probably existing in violation of the terms of this article. (Ord. No. 2020-13, S 2(Exh. A), 9-22-20) Sec. 10-165. Pre-hearing notices; identification of owner, lienholder and mortgagee. (a) The building inspector shall, within a reasonable time of the reported violation of the building standards, use his best and most diligent efforts to locate all owners, lienholders, and mortgagees through a search of the following records: Coryell County real property records; Coryell Central Appraisal District records; Texas Secretary of State records; assumed named records of the county; and/or utility records. (b) Before the building standards commission conducts a public hearing on a reported violation of the city's building standards, the commission shall send, via certified mail/return receipt requested and regular mail, notice including: (1) The name and address of the owner, if known; (2) A description of the suspected or reported violation; (3) The street or legal address of the affected property; (4) The date, time, and place of the public hearing; Created: 2024-12-23 11:46:38 [EST] (Supp. No. 4) Page 3 of 8 P32 (5) A conspicuous statement to all owners, lienholders, and mortgagees of the subject property, to the effect of: "THE OWNER, LIENHOLDER, OR MORTGAGEE AS APPLICABLE, WILL BE REQUIRED TO SUBMIT AT THE HEARING PROOF OF THE SCOPE OF ANY WORK THATI MAY BE REQUIRED TO COMPLY WITH THE CITY'S MINIMUM BUILDING STANDARDS AND THE AMOUNT OF TIME IT WILL TAKE TO REASONABLY PERFORM SUCH WORK." (c) Reasonably promptly after the building standards commission sends its notice under subsection (b) above, the city building inspector shall place a notice on the front door (or as near as practicable) of the building which notice shall be sufficient if it follows the intent of this form: WARNING The City of Gatesville Building Inspector has determined this structure is in violation of the city's minimum building standards and, as such deems this building to be an uninhabitable and dangerous structure. This building is to be vacated immediately and remain vacant, and this notice is to remain in place until the condition(s) of this building has been addressed by the City of Gatesville Building Standards Commission, and/or this building has been repaired, removed, or demolished as determined by the building standards commission at a public hearing notice of which has been sent to all known persons having an interest in the building or property. Unauthorized removal of this notice is punishable by a fine of up to $2,000.00. Building Inspector, City of Gatesville (d) Before the building standards commission conducts a hearing on a violation of the city's minimum building standards, the building inspector shall file a notice with the Coryell County Clerk (as the office of Official Public Records of real property) containing: (1) The name of the owner; (2) A legal description of the property affected; and (3) The date, time, and location of the public hearing. (Ord. No. 2020-13, S 2(Exh. A), 9-22-20) Sec. 10-166. Notice to utility companies. The building inspector shall issue notice to the utility companies to discontinue service on any building determined in accordance with section 10-163(2) and/or section 10-196(3) above to be a "dangerous building" under the terms of this article. (Ord. No. 2020-13, $ 2(Exh. A), 9-22-20) Sec. 10-167. Hearing; procedures. (a) Ap public hearing on a violation of the city's minimum building standards shall be before the city council acting as the building standards commission, and the commission shall have the power to administer oaths/affirmations and to certify official acts as permitted under Texas law. The issues pertaining to a hearing under this section shall be limited to: (1) Whether the affected structure is in violation of the city's building standards; Created: 2024-12-23 11:46:38 [EST] (Supp. No. 4) Page 4 of 8 P33 (2) Ifa violation is found, the scope of work required, and the progress to bring the substandard building into compliance with the city's building standards whether by repair, removal, or demolition of such structure; and (3) As necessary, the vacation and/or relocation of any legally-entitled occupant to possession of the affected property. (b) The following procedures shall apply to the hearing under this section: (1) A1 tape recording of the entire proceeding shall be made. (2) A copy of the record of the proceeding shall be made available after payment of a reasonable fee to all parties upon request. If there is no judicial review of the city council's final decision, the city shall maintain a record of the proceeding for two years. If there is judicial review of the commission's final decision, the city shall maintain the record of the proceeding until all court proceedings including any additional/further appeals are exhausted. (3) The Texas Rules of Civil Procedure and Texas Rules of Evidence do not apply. Oral testimony given by an owner, lienholder, mortgagee, or other interested party shall be given only under oath. Each party shall have the right to testify; introduce documents; call and examine witnesses, cross-examine witnesses, or otherwise rebut evidence offered against them. Written evidence shall be admitted only ift the building standards commission determines that such evidence is relevant and of the type that may be reasonably relied upon in deciding subsection (a)(1) through (3) above. (4) The owner, lienholder, and/or mortgagee shall have the burden of proof to demonstrate the scope of any work and the time required to comply with the city's minimum building standards. (5) The building standards commission may grant a continuance for good cause: shown. If a continuance is granted, notice of the date, time and location of the rescheduled hearing shall be stated and acknowledged by all parties on record, and reduced to writing and provided to the parties before they leave the hearing. No other notice of the rescheduled hearing must be provided. (6) The building inspector shall appear at all hearings conducted by the building standards commission to testify as to the condition of' "substandard buildings." (Ord. No. 2020-13, $ 2(Exh. A), 9-22-20) Sec. 10-168. The order--Building standards commission final decision. (a) After deliberation, the building standards commission decision shall be reduced to written order with an effective date, and the contents of the order shall be read into the record. The order shall specifically state whether the substandard structure(s) shall be repaired, removed, or demolished and the allowable time for the owner, lienholder, and/or mortgagee to repair, remove, or demolish the structure(s). If vacation and/or relocation of occupants otherwise lawfully entitled to possession of the structure is necessary, the order shall provide appropriate and lawful instructions to that effect. (1) Ift the commission finds the structure to be in violation of the city's building standards, the commission shall allow the owner, lienholder and/or mortgagee 30 days to secure the structure from unauthorized entry and accomplish the needed repairs, removal, or demolition of the substandard structure. (2) If supported by information presented by the owner, lienholder, or mortgagee at the public hearing, the commission may allow the owner, lienholder, or mortgagee no more than 90 days to accomplish the needed repairs, removal, or demolition. The order shall stipulate securing the property from unauthorized entry while the work is being performed, and a specific time schedule for the Created: 2024-12-23 11:46:38 [EST] (Supp. No. 4) Page 5 of 8 P34 commencement, performance, and completion of the work. The commission's order may require the owner, lienholder, or mortgagee to demonstrate compliance with the established time schedules. (Ord. No. 2020-13, $ 2(Exh. A), 9-22-20) Sec. 10-169. Post-hearing notice. (a) After the public hearing is conducted in accordance with section 10-167, the commission shall promptly send a copy ofi its order by certified mail/return receipt requested, regular mail, or personally deliver to all owners, lienholders, and mortgagees of the subject property. The order shall include the following: (1) An identification, which is not required to be a legal description, of the building and the property on which it is located. (2) A description of the violation of municipal standards that is present at the building; and (3) As statement that the municipality will vaçate, seçure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. (b) Within ten days after the date that the order is issued, the commission shall file a copy of the order in the office of the city secretary and further publish notice in the local newspaper that shall contain the following information: (1) The street address or legal description of the property at which the substandard structure is located; (2) The date that the public hearing took place; (3) Al brief statement of the commission's decision; and (4) Instructions indicating that a copy of the order may be obtained at the office of the city secretary. (Ord. No. 2020-13, 5 2(Exh. A), 9-22-20) Sec. 10-170. Alternative action. As an alternative to the procedure prescribed by section 10-169, the city may make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and may give them a notice of and an opportunity to comment at the hearing. In addition, the city may file notice of the hearing in the official public records of real property in the county. The notice must contain the name and address of the owner of the affected property ift that information can be determined, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing oft the notice, and constitutes notice of the hearing on any subsequent recipient of anyi interest in the property who acquires such interest after the filing of the notice. Ift the city operates under this section, the order issued by the municipality may specify a reasonable time as provided by this section for the building to be vacated, secured, repaired, removed, or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time as provided by this section for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. Under this section, the city is not required toi furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owneri fails to timely take the ordered action. (Ord. No. 2020-13, S 2(Exh. A), 9-22-20) Created: 2024-12-23 11:46:38 [EST] (Supp. No. 4) Page 6 of 8 P35 Sec. 10-171. City action pursuant to its order; exigent circumstançes. (a) Ifthe owner, lienholder, and/or mortgagee fail to comply with the building standards commission order, and no timely appeal is commenced within the 30-day period set forth in section 10-168(1), the city may take action set forth in the commission's order at its own expense. However, it may assess a privileged lien against the property for the expenses it incurs in taking such action unless the property is a homestead protected by the State Constitution. The city must have the lien recorded and indexed in the office of the county clerk to be valid. The lien is extinguished if the property owner or some other person having an interest in the legal title to the property reimburses the city for its expenses. (b) In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a' "substandard building" is immediately repaired, vacated or demolished, the building inspector is authorized to secure, repair, or abate the removal of the condition of such "substandard building" without a hearing. The costs of such emergency repair, vacation or demolition of such "dangerous building" shall be collected in the same manner as provided in subsection (a) of this section. (Ord. No. 2020-13, $ 2(Exh. A), 9-22-20) Sec. 10-172. Enforcement. (a) After any order of the building standards commission made pursuant to this ordinance shall become effective, no person to whom any such order is directed shall fail, neglect or otherwise refuse to obey any such order. Any person who fails to comply with such an order is guilty of a misdemeanor or subject to a civil suit in which the city may seek to enforce the order of the building standards commission and to assert other claims as appropriate under Texas law. (b) No person shall obstruct, impede, or otherwise interfere with any owner, lienholder, mortgagee, city officer, employee, or a contractor or other authorized representative of the same who is affecting or attempting to effect the building standards commission order to repair, vacate, remove, or demolish a substandard building under this article. Any person so interfering is guilty of a misdemeanor. (Ord. No. 2020-13, $ 2(Exh. A), 9-22-20) Sec. 10-173. Judicial review. (a) Any owner, lienholder, or mortgagee of record of property jointly ors severally aggrieved by an order of the building standards commission issued under this article may file in district court a verified petition against the city setting forth that the order is illegal (in whole or in part) and specifying the grounds of the illegality. An owner, lienholder, or mortgagee must file the petition within 30 calendar days after the respective date a copy of the order is mailed or personally delivered, as set forth in section 10-171(a) or such decision shall become final as to each of them upon the expiration of such 30 calendar day period. (b) Any. judicial review of the building standards commission order shall be limited to a hearing under the substantial evidence rule. The district court may reverse or affirm (in whole or in part) or may modify the decision brought up for review. (c) Costs may not be allowed against the city. However, if the building standards commission order is affirmed or not substantially reversed (but only modified) the district court shall allow to the city all attorney's fees and other expenses incurred by it and shall enter a judgement for those tems, which may be entered against the property owners, lienholders, or mortgagees or any other person properly before the court. (Ord. No. 2020-13, $ 2(Exh. A), 9-22-20) Created: 2024-12-23 11:46:39 [EST] (Supp. No. 4) Page 7 of 8 P36 ORDINANCE 2025-09 AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES BYAMENDING CHAPTER 10 "BUILDINGS AND BUILDING REGULATIONS" BY REPEALING AND REPLACING IN ITS ENTIRETY ARTICLE IV "SUBSTANDARD STRUCTURES"; PROVIDING A PENALITY OF FINE NOT TO EXCEED $2,000; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Gatesville is a Home Rule Municipality operating under the laws of the State of'Texas; and WHEREAS, Ordinance 2020-13 was adopted September 22, 2020, establishing the Building Standards Commission; and WHEREAS, the City Council has determined that it would be advantageous and beneficial to the citizens and developers of the City of Gatesville to amend and clarify certain provisions related to the substandard structures and the Building Standards Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, THAT: SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are. hereby adopted and incorporated herein by this reference. SECTION 2. The Code of Ordinances of the City of Gatesville, Texas is hereby amended at Chapter 10 "Buildings and Building Regulations" by repealing and replacing Article IV "Substandard Structures" which shall henceforth read in its entirety as follows: "ARTICLE IV. SUBSTANDARD STRUCTURES Sec. 10-159. Definitions For the purposes ofthis article, the following definitions shall apply: Building: The term "building" shall include buildings, appurtenances or other structures or excavations existing above or below the ground level. Building standards: The term "building standards" refers to all standards or requirements set forth in any building or other code adopted by the city's Code of Ordinances including but not limited to article I through article V of chapter 5 of the city's ordinances, which articles are updated from time to time, and which standards and requirements are incorporated herein. P37 Ordinance 2025-09 Page 2 of 11 Sec. 10-160. - Compliance; nuisance. All buildings within the city shall comply with the provisions of the City's Code of Ordinances, including this article. Any building or dwelling constructed, construed, existing, or otherwise maintained in violation thereof constitutes a nuisance, is substandard, and is therefore illegal. Sec. 10-161. - Building Standards Commission. a) There is hereby established a Building Standards Commission. As provided in this article, the building standards commission shall hear any person with respect to the condition, repair, vacation, or demolition of any building or structure which may have been found by the city building inspector to be an uninhabitable or dangerous dwelling, building, or structure. As provided in this article, the building standards commission is authorized to conduct hearings, make determinations, and issue orders as set forth in this ordinance. b) The Gatesville City-Ceuneil Planning and Zoning Commission is hereby designated as and shall serve: as the Building Standards Commission. Accordingly, the Building and Standards Commission shall consist of seven members whose terms shall be coextensive with their respective terms on thel Planning and Zoning Commission. c) Members of the Building Standards Commission (the "Commission") shall serve without compensation, except for reimbursement for authorized expenditure as attendant to the performance of their duties and shall not hold any other office or position with the City while serving on the Board, d) Members of the Commission serve at the pleasure of the City Council and may be removed by the Council at any time with or without cause. Members shall be removed by the City Council following three consecutive absences from meetings of the Commission for which the Commission has not, by majority vote, excused such absences, A vacancy on the Commission shall be filled for the unexpired term by majority vote of the Council. e) The Zoning Code Official shall serve as liaison to the Commission. The. Zoning Code Official shall have thei right to attend all meetings and take part in all discussions but shall not vote on Commission decisions. The officers of the Planning and Zoning Commission shall also serve in the same positions as officers for the. Building Standards Commission. Sec. 10-162. - Building Standards Commission Meetings and Quorum a) A quorum for the conduct ofbusiness shall consist of four members, regular or alternate, ofthel board. Thel board shall meet monthly, unless deemed not necessary, at a regularly P38 Ordinance 2025-09 Page 3 of 11 scheduled time on a regularly scheduled date and shall conduct special meetings and hearings asi may be necessary. b) A1 minimum of four (4) affirmative votes of members of the Commission is required for any official action of the Commission. When fewer than all members are present for voting and a motion on an agenda item fails, reconsideration of the item may be scheduled for the next regular meeting upon motion carried by a majority of those present. Upon suchi reconsideration, regardless ofthei number of members present, ifthe matter fails, it may be reconsidered again under this subsection. c) An agenda shall be prepared by the Secretary for each meeting of the Commission. A copy oft the agenda, as official notice of the meeting, shall be posted at City Hall and as otherwise required by law, for a period of 72 hours prior to the date and time of the meeting. d) All meetings of the Commission shall, except as allowed by law, be open to the public. The Commission shall hold ai regular monthly meeting at City Hall on the first Thursday oft the month at the time established by the Commission. The Commission chairperson may call special meetings at such times and on such dates as s/he determines is necessary for conducting the business of the Commission. e) Minutes shall be kept of all Commission meetings. The chairman shall call the Commission to order, and the members present and absent shall be recorded. The minutes ofa any meeting shall be submitted for approval. Except as specifically set forth in this article, Roberts Rules of Order, the latest revision/edition, shall govern the procedures for conducting the meetings of the Commission. g) A member of the Commission is prohibited from voting on or participating in a matter involving a business entity or real property in which the official (or any person related by blood or consanguinity within the first degree to the official) has a substantial interest if an action on the matter will result in a special economic effect on the business that is distinguishable from the effect on the public, or in the case ofs substantial interest in real property, where it is reasonably foreseeable that the action will have a special economic effect on the value of the property, distinguishable from its effect on the public. A member of the Commission having such interest is required to file, before a vote or decision on the: matter, an affidavit with the Secretary, stating the nature and extent oft the interest. The member is required to abstain from participation and vote on the matter. Sec. 10-163. Substandard Buildings Defined; Building Standards Commission Authority P39 Ordinance: 2025-09 Page 4 of 11 a) The building standards commission is authorized to determine whether any of the conditions or defects set forth in subsection (b) of this section exist and to determine what action, ifa any, is appropriate ifs such conditions or defects are found to exist. The building standards commission is authorized to take such actions, as authorized by this article or by state law. Specifically, the building standards commission is authorized: to order the closure and vacation of a building; the relocation of its occupants; the demolition ofthe building; and/or the repair or removal ofa building. b) The following buildings are in violation of the city's building standards and, in such condition, are unfit for human occupation or are considered dangerous and in violation oft this article and are deemed substandard buildings: 1, All buildings that violate the International Building Code, International Residential Code, or any other International Code or building standards adopted by the city as set forth in section 10-22 to the extent that such building is in a condition that is unsafe, unsanitary, or dangerous; 2. All buildings, dwellings, or dwelling units in which the interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls more than 50 percent outside of the middle width ofits base; 3. All buildings, dwellings, or dwelling units in which, exclusive of the foundation, show 33 percent or more, of damage or deterioration ofthe supporting member or members, or 50 percent ofdamage or deterioration of the non-supporting enclosing or outside walls or covering; 4. Those which have improperly distributed loads upon the roof or floor or in which the same are overloaded or which have insuflicient strength to be reasonably safe for thej purpose; 5. All buildings, dwellings, or dwelling units which have been damaged by fire, wind, or other causes sO as to have become dangerous to life, safety or the general health and welfare oft the occupants thereof or the citizens of the city; 6. Alll buildings, dwellings, or dwelling units which have become or are sO dilapidated, decayed, unsafe, unsanitary or which sO utterly fail to provide the essentials to decent living that they are unfit for human habitation, or are. likely to cause: sickness or disease, sO as to work injury to the health, safety or general welfare of those living therein. 7. Thosel having height, air and: sanitation facilities which are inadequate toj protect the health, safety, or general welfare of human beings who live or may live therein. 8. Those having inadequate facilities for egress in case of fire or panic or thosel having insufficient stairways, elevators, fire escapes or other means of communication. 9. Those which have parts thereof which are sO attached that they may fail and injure members of the public or property. P40 Ordinance 2025-09 Page 50 of 11 10. Those which because of their condition are a public nuisance, unsafe, unsanitary or dangerous to the health, safèty or general welfare. The employees of thei fire, police, health and other administrative departments, finding any oft the conditions identified in subsection (b) ofthis section, shall: make a report in writing to the building inspector ofall buildings or structures which are, may be, or are suspected to be substandard buildings within the terms ofthis article. Sec. 10-164. - Standards of repair, vacation or demolition The following standards shall be followedi in substancel by the building inspector, code compliance official, and the building standards commission in making any order under this article, including an order for repair, closure, securing, vacation, or demolition: 1) Ifthe "substandard building" can reasonably be repaired sO that it will no longer exist in violation of the terms of this article, it shall be ordered repaired and, as may be appropriate, closed and made secure pending the commencement of such repair. 2) Ifthe "substandard building" isi in such condition as to make it dangerous to the health, safety, or general welfare ofi its occupants, its shall be ordered to be vacated and, as may be: appropriate, closed and made secure to prevent entry. 3) In any case where a substandard building" is 50 percent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired SO that it will no longer exist in violation of the terms ofthis article, it shall be ordered demolished and, as may be appropriate, closed and secured pending the commencement of such demolition. In all cases where a 'substandard building" is a fire hazard existing or erected in violation of the terms of this article or any ordinance of the city or statute of the state, it shall be demolished or repaired to the extent that the fire hazard will be eliminated. Sec. 10-165. - Inspections The building inspector shall: 1) Inspect or cause to be inspected annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, and commercial, manufacturing, or loft buildings, for the purpose of determining whether any conditions exist which render such places a substandard building" within the terms oft this article. 2) Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article. 3) Inspect any building, wall or structure reported, as hereinafter provided, by the fire or police or other departments of this city as probably existing in violation of thet terms of this article. P41 Ordinance 2025-09 Page 6 of 11 Sec. 10-166. - Pre-hearing Notices; dentification of owner, lienholder, and mortgagee a) The building inspector shall, within a reasonable time ofthe reported violation oft the building standards, use his best and most diligent efforts to locate all owners, lienholders, and mortgagees through a search of the following records: Coryell County real property records; Coryell Central Appraisal District records; Texas Secretary of State records; assumed named records of the county; and/or utility records. b) Before the building standards commission conducts a public hearing on a reported violation of the city's building standards, the commission shall send, via certified mail/return receipt requested and regular mail, notice including: 1) The name and address of the owner, ifl known; 2) A description ofthe suspected or reported violation; 3) The street or legai address of the affected property; 4) The date, time, and place of the public hearing; 5) A conspicuous statement to all owners, lienholders, and mortgagees of the subject property, to the effect of: "THE OWNER, LIENHOLDER, OR MORTGAGEE AS APPLICABLE, WILL BE REQUIRED TO SUBMIT AT THE HEARING PROOF OF THE SCOPE OF ANY WORK THAT MAY BE REQUIRED TO COMPLY WITH THE CITY'S MINIMUM BUILDING STANDARDS AND THE AMOUNT OF TIME IT WILL TAKE TO REASONABLY PERFORM SUCH WORK." c) Reasonably promptly after the building standards commission sends its notice under subsection (b) above, the city building inspector shall place a notice on the front door (or as: near as practicable) of the building which: notice shall be sufficient ifit follows the intent oft this form: WARNING The City of Gatesville Building Inspector has determined this structure is in violation of the city's minimum building standards and, as such deems this building to be an uninhabitable and dangerous structure. This building is to be vacated immediately and remain vacant, and this notice is to remain in place until the condition(s) of this building has been addressed by the City of Gatesville: Building Standards Commission, and/or this building has been repaired, removed, or demolished as determined by the building standards commission at aj public hearing notice of which has been sent to all known persons having an interest in the building or property. Unauthorized removal oft this notice is punishable by a fine of up to $2,000.00. P42 Ordinance 2025-09 Page 7 of 11 Building Inspector, City of Gatesville d) Before the building standards commission conducts a hearing ona a violation oft the city's minimum building standards, the building inspector shall file ai notice with the Coryell County Clerk (as the office ofOfficial Public Records of real property) containing: 1) The name of the owner; 2) Al legal description ofthe property affected; and 3) The date, time, and location of the public hearing. Sec. 10-167. Notice to utility companies The building inspector shall issue notice to the utility companies to discontinue service on any building determined in accordance with this article to be a dangerous building under section 10- 171 or any other relevant provisions of this article. Sec. 10-168. - Hearing; Procedures a) A public hearing on a violation of the city's minimum building standards shall be conducted by the Commission prior to an order being enteredi thereon. The commission shall have the power to administer oaths'affirmations and to certify official acts as permitted under Texas law. The issues pertaining to a hearing under this section shall be limited to: 1) Whether the affected building is in violation of1 the city's building standards; 2) Ifa violation is found, the scope of work required, and the progress to bring the substandard building into compliance with the city's building standards whether by repair, removal, or demolition of such structure; and 3) As necessary, the closure and/or vacation ofthe building and/or the removal and/or relocation of any occupants Commented [VT1). Vic want the Comm'n tol have the b) The following procedures shall apply to the hearing under this section: authority tos odei removal ofv vagrants/squatters who. are noLe entitledt tol be there. 1) Anaudio tape recording oft the entire proceeding shall be made. Commented [VT2): Doy you want thist to be audio only or 2) A copy of the record of the proceeding shall be made available after payment ofa audio/video? reasonable fee to all parties upon request. If there is no judicial review of the City Council's final decision, the city shall maintain a record oft the proceeding for two years. If there is judicial review of the Commission's final decision, the city shall maintain the record of the proceeding until all court proceedings including any additional/further appeals are exhausted. 3) The Texas Rules ofCivil Procedure and Texas Rules ofEvidence do not apply. Oral testimony given shall be given under oath. Each party shall have the right to testify, introduce documents; call and examine witnesses, cross-examine witnesses, and Commented [VT3: mr racemmending sielotion ot thisi otherwise rebut evidence offered against the party. Waite-evidene-shal-le pecause degaity bierter 1ol les Evidance n even it has dmitedenby-Fh-bwing-tendndsenmisieandasemiae--hatsehevidenee very little ernop probative value. That way, we don't give theothers side ammunitiont to argué on appeal thaty We thoutd have Hiowndit this avidance in. P43 Ordinance: 2025-09 Page 8 of 11 srelevantenéoflhetypethmsyherswnemindeidlingsabsestion )/thogkOabove 4) The owner, lienholder, and/or mortgagee shall have the burden of proof to demonstrate the scope of any work and the time required to comply with the city's minimum building standards. 5) The building standards commission may grant a continuance for good cause shown. Ifa continuance is granted, notice ofthe date, time and location ofthe rescheduled hearing shall be stated and acknowledged by all parties on: record, and reduced to writing and provided to the parties before they leave the hearing. No other notice of the rescheduled hearing must be provided other than the posting oft the meeting agenda required by the Texas Open Meetings Act. 6) The building inspector and code compliance official shall appear at all hearings conducted by the building standards commission to testify as to the condition of substandard buildings and other relevant matters. See.10-168 Sec. 10-169, The order- Building Standards Commission final decision a) After deliberation, the building standards commission decision shall be reduced to written order with an effective date, and the contents of the order shall be read into the record. The order shall specifically state whether the substandard building(s) shall be repaired, removed, or demolished and the allowable time for the owner, lienholder, and/or mortgagee to repair, remove, or demolish the building(s). The order may also specify vacation and/or closure ofthe building and vacation, removal and/or relocation of occupants. If removal, vacation and/or relocation of occupants otherwise lawfully entitled to possession of the structure is necessary, the order shall provide appropriate and lawful instructions to that effect. b) Ifthe commission finds the structure to be in violation of the city's building standards, the commission shall allow the owner, lienholder and/or mortgagee 30 days to secure the structure from unauthorized entry and accomplish the: needed repairs, removal, or demolition oft the substandard structure. c) If supported by information presented by the owner, lienholder, or mortgagee at the public hearing, the commission may allow the owner, lienholder, or mortgagee noi more than 90 days to accomplish the needed repairs, removal, or demolition. The order shall stipulate securing the property from unauthorized entry while the work is being performed, and a specific time schedule for the commencement, performance, and completion ofthe work. The commission's order may require the owner, lienholder, or mortgagee to demonstrate compliance with the established time schedules. See.10-169. Sec. 10-170. Post-Hearing Notice a) After a public hearing under section 10-168, the commission shall promptly send a copy of its order by certified U.S. mail/return receipt requested, first class U.S. mail, or P44 Ordinance 2025-09 Page 9 of 11 personally deliver to all owners, lienholders, and mortgagees of the subject property. The order shall include the following: 1. An identification, which is not required to be a legal description, of the building and the property on which it is located. 2. A description ofthe violation of municipal standards that is present at the building; and 3. A statement that the municipality will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within ai reasonable time. b) Within ten days after the date that the order is issued, the commission shall file a copy of the order ini the office ofthe city secretary and further publish notice in the local newspaper that shall contain the following information: 1. The street address or legal description of the property at which the substandard structure is located; 2. The date that the public hearing took place; 3. A brief statement of the commission's decision; and 4. Instructions indicating that a copy of the order may be obtained at the office oft the city secretary. Sec. 10-171. City action pursuant to order; Exigent circumstances a) If the owner, lienholder, and/or mortgagee fail to comply with the building standards commission order, and no timely appeal is commenced within the 30-day period set forth in section 10-173, the city may take action set forth in the commission's order at City expense. However, the City may assess a privileged lien against the property for the expenses it incurs in taking such action unless such lien is prohibited by state law (for instance, homestead protections under the State Constitution). The city shall have any such lien recorded and indexed in the office of the county clerk. The lien is extinguished if the property owner or some other person having an interest in the legal title to the property reimburses the city for its expenses. b) In cases where iti reasonably appears that there is mmediate danger to the life or safety of any person unless a substandard building is immediately repaired, secured, vacated or demolished, the building inspector is authorized to secure, repair, or abate the removal of the condition ofs such substandard building without a hearing. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in subsection (a) ofthis section. Sec. 10-172. Enforcement a) After any orderofthel building standards commission made pursuant to this ordinance shall become effective, no person to whom any such order is directed shall fail, neglect or otherwise refuse to obey any such order. Any person who fails to comply with such an P45 Ordinance 2025-09 Page 10 of 11 order is guilty of a misdemeanor or subject to a civil suit in which the city may seek to enforce the order of the building standards commission and to assert other claims as appropriate under Texas law. b) No person shall obstruct, impede, or otherwise interfere with any owner, lienholder, mortgagee, city officer, employee, or a contractor or other authorized representative of the same who is affecting or attempting to affect the building standards commission order to repair, vacate, remove, or demolish a substandard building under this article. Any person so interfering is guilty ofa misdemeanor. Sec. 10-173. Judicial review a) Any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of the building standards commission issued under this article may file in district court a verified petition against the city setting forth that the order is illegal (in whole or in part) and specifying the grounds of the illegality. An owner, lienholder, or mortgagee: must file the petition within 30 calendar days after the respective date a copy of the order is mailed or personally delivered as set forth in section 10-170 or such decision shall become final as to each of them upon the expiration of such 30 calendar day period. b) Any judicial review of the building standards commission order shall be limited to a hearing under the substantial evidence rule. The district court may reverse or affirm (in whole or inj part) or may modify the decision brought up fori review. c) Costs may not be allowed against the city. However, ifthe building standards commission order is affirmed or not substantially reversed (but only modified) the district court shall allow to the city all attorney's fees and other expenses incurred by it and shall enter a judgement for those items, which may be entered against the property owners, lienholders, orI mortgagees or any other person properly before the court." SECTION 3. 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 oft this Ordinance, and the City Council of the City ofGatesville, Texas, hereby declares it would have enacted such remaining portions despite any suchi invalidity. SECTION 4. 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 public notice ofthe time, place andp purpose oft this meeting was, given as required by law. SECTIONS. This Ordinance shall become effective immediately upon its passage and approval. The foregoing Ordinance. No. 2025-09 was read the first time and passed to the second reading this 11th day ofMarch. 2025. P46 Ordinance 2025-09 Page 11 of 11 The foregoing Ordinance No. 2025-09 was read the second time and passed to the third reading this day of 2025. The foregoing Ordinance No. 2025-09 was read the third time and was passed and adopted as an Ordinance to the City of Gatesville, Texas, this day of 2025. BY: GARY M. CHUMLEY, MAYOR ATTESTED: APPROVED AS TO FORM: HOLLY OWENS, T.R.M.C. VICTORIA THOMAS CITY: SECRETARY CITY ATTORNEY 4936-8265-9627, v1 P47 Regular 3/25/2025 Gateuille Spur Capital ofTexas Agenda Item #10 CITY COUNCIL MEMORANDUM Date: March 25, 2025 To: Mayor & City Council From: Bradford Hunt, City Manager Agenda Item: City Manager Report The purpose of this report is to keep the public, city council, and staff informed about ongoing projects and initiatives. Please see attached report. Financial Impact: n/a Staff Recommendation: n/a Motion: n/a 1 P48 3/21/2025 Leon River Flood Scene at Gatesville, Texas City Manager Report to City Council March 25, 2025 7101 1 This doçument isi intended as an overall look: at City of Gatesville operations fromi the City Manager's perspective. Iti isi intended to concisely summarize the operations of each department withint the city government andp provide updates on current and future projects being undertaken byy your city government. itsi intended audience includes the City Council as well as all community members and stakeholders in Gatesville. Please call me at 254.220.4628, ore email me atb bhunteatesylletx.com, if you have any questions about any oft the information provided herein. Thanky you, Bradford Hunt City Manager Table of Contents Department Updates Welcome Cityl Manager Public Works Police Department Firel Department Parks and Recreation Library, Civic Center, Auditorium, Airport CityH Hall City Secretary, Permits &Code Compliance Development Update Upcoming Community Events 2 1 P49 3/21/2025 City-Wide Staffing: 6full-time position openings 3i in Police Department - candidates identified 1 in: Street Department - position posted 2 in Parks & Rec, + approx. 20 Lifeguard: seasonal positions Priority items TDEM/FEMA process -4th different Project Manager; top5 5 projects identified & commencement of projects soon Fiberi internet subcontractors Department Conference room remodel in city hall Finalizing agreements with Kalyn, Strieber family, Curry St. abandonment, Updates - City N.Ft. Cavazos Recreation Center, others Finalizing terms ofp potential tax abatement for Laerdal's new wing Manager Crews now working to safely re-openl lower portion of Faunt Lel Roy Park in March - Aprili timeframe Souths sewer line capacity- project kickoff complete, timeline for completion by end of August Development activity Beginning internal discussions on Parks Master Plan Internal discussions on Comprehensive Plan update Pre-planning phase for FY 25-26 budget focusing onp personnel,. vehicles/equipment, & long-term CIPS Communication CityF Facebook; national media inquiries re: TDCJ; CTCOG & other boards 3 Projects Department Updates = Stillhouse WWTP Public Works Lakewood Force main reroute Fort Gates sewer expansion FNIr mini-CIP planning PW Director: FEMAF Projects Chad Newman Current Activity Water Distribution & Street Sludge! hauling complete Maintenance: Special projects at Kalyn, Strieber family land, others Dale Allen Water Conservation, Annual Report, Water Conservation Utility Profile, and Water Conservation Plan due May 1st, 2025 Water Production: 3-Month! pok ahead Zeb Veazey Lakewoodi reroute project Downtown feeder street pavement overlay Wastewater Pavement overlay on Marshall St. Bobby Buster Reacha an agreement with TDCJ for inmate trustee crews to assist city departments. Fleet Maintenance: Long term planning Derek Lawrence 5-year CIP for public works 4 2 P50 3/21/2025 Projects Brush Removal & Drainage at Strieber Property- completed Monthly Report Open hole pavement repair- 5 open holes Drainage ditches cleaned- Old Waco Road, Veazey Drive, Department Updates Brown Park/East Leon street, Golf Course Road. Street Sweeper ran most of the month. Public Works Brush removal on East Leon Street Department 3-Month look ahead Work on drainage on Green acres, Brown street, Veazey drive, Gateway circle, E. Leon St., Mulberry avenue, E. Leon St. Replace storm drain at W. Leon St. and S. Levita Rd. 5 Monthly Report Water main leak repairs - 6 Water service leak repairs - 14 Sewer stop up's-9 Sewer gravity line breaks- 1 Department Updates Sewer force main leaks- 0 Public Works Sewer taps made- 2 Water taps made- 2 Water Distribution / Sewer Collections 3-Month look-ahead Start replacing the city-owned galvanized service lines from our required Lead Service Line inventory report, as mandated through TCEQ Lakewood force main reroute project 6 3 P51 3/21/2025 Production Plant Ac concrete curb was poured by Water Plant staff around the Back Wash vault. . 3/10/2025 3/14/2025 Allo dried sludge stored int the drying area at the Water Plant was hauled tot thel land application permit sitei in Arnett. The Street andy Wastewater Department assisted with the work and all! 59 loads were movedi in less than av wèek. The Device Net module andt the Stratix module in the filter SCADA are going out and only workingi intermittently. Wea arei in they process trouble shooting these issues to repair or replacet the problem. +3/5/2025 Rebuilt the chlorine regulators and replace the chlorinator dripl legs and clamps. .1 The 2024 Teir 2 Reporta and the 2025 WQ-EPS Report have both been completed and submitted to the EPA, TCEQ, andt the Department of Homeland Security. +3/5/2025 Found andr repaired a leak ont the CLO2 carrier line on the Watts property only to Department have another break in the line two days later. The CLOZ carrier has become constant issue Updates andi is well pasti its service life. Its replacement is among the top priorities int the CIP. Public Works Waterigtak 1 Ongoing repairs and maintenance. WaterProduction Monthlookahead Walker Partners, B5, and Tenemic willl bec on site April 7th tob begin blasting andr recoating Clarifier #1. The City will not bet taking on any additional costs as' Walker Partners ares still holding thet final payment until the work is complete. Wev will remove wet sludge from Lagoon #1 during April Wey will be movinga allo out of service equipment and unused materials from the Raw' Water Intake Pump Station byl boat back to the plant to be: scrapped or disposed of. Generating and delivering the 2024 CCR to all wholesale customers by April: 1st andi to all residential and distribution customers by. July 1st along with providing the certificates of delivery to TCEQ by May 1st and August 1st. 7 Stillhouse WWITP Cleaned the bar screen, Clarifiers, vaults and grit trailer daily. Fixed al leak on the cl2 chamber. *Avg Flow: 1.176 MGD Leon WWTP Hauled alll biosolids 910 yards Avgi flow. .912 MGD Department Updates - Collection n Svstem Public Works Cleaned: sewer mains and manholes. Cleaned: alll lift stations as needed. Wastewater Treatment Completedi manhole rehabi for this year. Completed old fort gates lift: station rehab 3-Monthl Look: Ahead *Repair conveyer for biosolids . Start Degreasing and cleaning lift stations. -RAS pump vault cleaning y Work on lowering! blankets in clarifiers 8 4 P52 3/21/2025 Fleet Status Vehicles/Equipment down- Street Sweeper Monthly Report Oil changes- 12 vehicles Department Updates = Lawn mower oil changes- 4 Public Works Rebuilt soccer goals Fleet Maintenance Rebuilt 4 water dept trash pumps for water leaks Brush truck #3- replaced pony motor pump Engine 3- replaced hydraulic line and fixed CAF system Replaced pump, packing and seals on oil truck 9 Administration Personnel Summary Budgeted "Actual Lmt/FMLA Swornl Law Enforcement 19 16 0 Non-Sworn 12 10 0 Total 31 26 0 Property & Evidence February 2025 February 2026 2025YTD 2026YTD %Changed Department tems Disposed 5 70 Updates prems Received 15 31 Totalaofi Items 1963 1963 Police Records Unit Fabruary2025 Februarvz 2026 2025YTD 2026 YID XChanged Department Open Records Requests 83 200 false Alarm Program February 2026 February: 2026 Totali number of alarms 8 Chief: Totalr number of FALSE alarms 4 Jeff Clark Totall balance of delinquent accounts (Past 300 Days) $2900.00 Community Attended Events February 2025 February 2026 2025 YTD 2026 YTD XChanged CommunityE Events Personnel note: Lt. Cleverley retired Equipmentnote: Dispatch consoles ordered, 100% grant-funded via CTCOG 10 5 P53 3/21/2025 Patrol Computer Aided Dipatch. February 2025 February 2026 2025YTD 2076 YID Changed ID% Calls for Service 432 866 SellinitiatedA Activity 1257 2787 TotalE Events 1689 3653 Activities February 2025 Fobruary 2026 2025 YTD 2026 YTD % Changed Total Arrests (# of Offenders) 23 45 Misdemeanor 15 35 Felony 9 13 Department Class C 11 18 Federal 0 o Updates Total Offanse Charges 35 66 Depart nent Traffic Enforcement Fabruary 2025 February 2026 2025 YTD 2026 YTD - Changed Police Citation (Tickets) 62 170 Citation Charges 64 197 Department Citation Warnings 205 383 Traffics Stops (CAD data) 225 466 pwiArrests 1 2 Accidents Reported byo Officers 16 ACRIS) AccidentE Exchangel Information 11 19 Fatality Accident 0 o 11 Crime Trends * TotalPt.1 Part1 Crimes Past 12 mo. Property Crime Violent Crime Linear (PL.1) Department Updates Police Department MAR-24 APR-24 MAY-24 IUN-24 SUL-24 AUG-24 SEP-24 OCT-24 NOV-24 DEC-24 JAN-25 FEB-25 12 6 P54 3/21/2025 Animal Services Administrs rative Stivities Februery 2025 labruary 026 2025 YD 2026 YID K Changnd Eallforsevi 94 156 Warings 2 4 Sitations 3 riminalinveitisgationt o DoEt Fabruary 2025 Februiry 2026 2025 YID 2016 YTD % Changed ieidintake 15 32 TotaiDog:Received 15 32 Reclaimed o 14 Adogted 15 Transferred Out Total Live Outcomes 14 30 Department Euthenized piedinSheler o TouDes Euthanied Updates Cata February 2025 Frbruany? 2026 2025D 2025VID Changed Fieidintake 10 24 Police TotaiCats Received 10 31 Reclaimed o 0 Adopted 4 12 Department INR 10 17 Transferred Out 0 Totall Live Outcomes 10 31 Euthanized o 0 Diedinshelter 0 on-ww-iwsay Fabruary 2025 Februaryzo26 Z02SVID Z0Z6ID Changed intake o Belegiedi to Ownet (livestock o Released (Wiidlifel o Euthanized 0 13 Projects - FEMA grant covered $100,000 worth of new Bunker Gear, but has been on hold with federal funding freezes Department Updates = Fire General Info. Department Busy time of year, averaging about 3 calls/day Chief: VFD Officers Billy Vaden Chief - Billy Vaden Deputy Chief - Robert Featherston Asst. Bobby Buster 14 7 P55 3/21/2025 Projects Faunt Le Roy Park lower portion reopening (deadline April 25) Sports Complex field maintenance and upgrades - complete Department NFCF Recreation Center Agreement - still tentative Ronnie Viss Gazebo (Exchange Club) - still tentative Updates = Parks Maintenance and Recreation Faunt Le Roy Park Restrooms (May flood repairs) Fitness Center Hot tub blower replacement Parks & Rec Director: Pool dehumidifier repairs Seth Phillips City Pool Repairs Routine cleaning and water chemistry maintenance Athletics IA Aquatics: Pumpr room valve replacement Marte Bailey Mowing of City parks, lots, Hwy 36 monument, facilities, and cemeteries Fitness Center: Upcoming Events Patrice Gilbert Keep Gatesville Beautiful Spring Clean (April 5) Maintenance: Supervisor: Summer Sounds (April 26) Levi Cole Assisting Chamber with Shivaree (June 7) 15 Department Updates Youth Sports Registration Parks and Soccer - registration complete 48t teams, 402 participants Recreation 80 volunteer coaches Baseball & Softball - registration complete 65t teams, 690 participants Athletics 238V volunteer coaches & Youth Baseball & Softball Tournaments Aquatics - 11 scheduled. select tournaments (Feb 22- July 20) GATESVILLE STS/NCS Tournament Feb 22-23. 191 teams - 1,091 attendees - City CITYPOOL of Gatesville revenue- $4,100 Onl February 27, the City of Gatesville was awarded the 2025 Texas Teen-Age State T-Ball Tournament.. Applications have been AGE1 150 submitted for TTA District" Tournaments. NOWT HIRING LIFEGUARDS Aquatics . Lifeguard Registration 5 frguad . January 21 April 25 We currently have 18. Applications (we expect 30-40 by the end of registration) OSTITODAY VE - VAZO 16 8 P56 3/21/2025 Department Updates Stats - Parks and 933 Active Memberships Recreation 93 Group Exercise Classes 732 Class attendants Sales Fitness Center Retail: $1,420 Memberships, passes, other: $15,354 Insurance reimbursements: $1,687 General Information 7 Part-Time Staff Working with Muegge Heat & Air to identify the most effective solution for dehumidifying the pool room Planning another mileage challenge for bicycles/ellipticals 17 Library - Shea Harp, Director Library Rehabilitation Project is near completion, just have some HVAC and stonework to do, as well as completion of moving back in Civic Center & Auditorium Morgan Smart Department Civic Center events, training, and other uses scheduled into Updates-Library, summer Civic Center, Auditorium - assessment of current condition, options for future Downtown Historic District Auditorium, Airport - Miguel Gamez, Brad Hunt, and Mike Halsema Airport TXDOT grant funding meetings in progress Airport advisory board - concept in discussion Strieber agreement for land acquisition 1 fence complete, awaiting final clean up by his subcontractor 18 9 P57 3/21/2025 Finance - Mike Halsema, Deputy City Manager Audit complete; working on personnel and other inventories for budget prep Project management for current sites at Department Stillhouse, Water Distribution, and others Updates = City Human Resources - Lori McLaughlin Hall All job descriptions in process of being reviewed in relation to compensation & classification study City handbook edits & additions in progress Courts, Water, Cemeteries, Permits Mike H. & Lori M. Cemetery management procedures, forms, survey 19 Planning "Zoning/Development Ordinances: Nuisance Ordinance . Plats Processed: C Cedar Ridge Estates 4 Annexation. Applications: Department *All minor plats listed were reviewed and processedi in-house. Updates Permits & Inspections Planning, Code .7p permits $642,617 (value) -Inspections Enforcement Gatesville Crossing Starbucks 0SOC Clean Carwash Wardi Insurance City Secretary: 3s single-family houses HollyOwens Code Enforcement 1190 cases opened Oabatement liens filed Oliensp paid from previous years) 4 citations issued 20 10 P58 3/21/2025 City of Gatesville Development Update 6 March 2025 1. TBD coffee shop- construction phase 2. Laerdalv warehouse expansion- - near completion 3. Gatesville Crossing condos - sewer easement pending 4. TBD subdivision- pre- planning phase 5. Oso Clean Car Wash - construction phase 6. 5-suite office/retail center - construction phase 7. Starbucks coffee shop- construction phase 8. TBD coffee shop- platting phase 9. Washburn duplexes -permits pending 10. Parkview duplexes permits pending 11. RVI park zoning & permits pending 12. TBD: 26-unit apartments, seniors 60+ planning phase 13. TBD smally warehouse pre-planning phase 14. Matalre-open/remodal. - permits pending 15. TBD urgent care clinic -inquiry 16. TBD fast food- inquiry 17. TBD1 fast food - inquiry 18. TBD townhomes- -inquiry 19. TBD national chain hotel-i inquiry Homes.com article: 2 C C 21 WATCH OURI FACEBOOK PAGEFOR UPCOMINGI EVENTS, DEPARTMENTI NEWS, LOCAL BUSINESS PROFILES, PERSONNEL PROFILES, AND MOREI Upcoming Community Events March/April TBD - reopening of FLR Park lower half April 5 - KGB Spring Clean Up & City of Gatesville Cemetery Clean Up Day April 12 (tentative) - Day of the Child CEMETERY GLEAN UPI DAYA April 18 - regional churches' "Cross Walk" Make a positive impact by volunteering' for Cemetery Clean-Up Day! Wea are partnering with April 26 - Summer Sounds Concert Series @ FLRI Park Keep Gatesville Beautifulf for the Annual Spring May 17- Centex Crime Stoppers Donut Dash Clean-up Day, and wea aim to clean up all the trash and have al beautifulc cemetery to enjoy! May 30 city employee family pizza & pool party May 31 Summer Sounds Concert Series @ FLRI Park SATURDAY, APRIL 5, 2025 9 AM 12 PM June 7 Shivaree (headliner: Kyle Park) RESTLAND CEMETERY June 14 Fire Ant Tour June 28 - Summer Sounds Concert Series @ FLR Park July 4 Fireworks 22 11 P59