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CITY OF BRADY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING FEBRUARY 2, 2021 AT 6:00 PM

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Brady’s Core Values * Safety * Integrity * Excellence * Accountability * Teamwork

CITY OF BRADY COUNCIL AGENDA

REGULAR CITY COUNCIL MEETING

FEBRUARY 2, 2021 AT 6:00 PM

1. CALL TO ORDER, ROLL CALL & CERTIFICATION OF A QUORUM

2. INVOCATION & PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENTS: Reserved for items NOT listed on the agenda

Please limit individual public comments to three (3) minutes. In accordance with TX AG opinion, any public comment addressing items not on the agenda, will only be heard by the City Council. No formal action, deliberation, discussion, or comment will be made by City Council. State Law prohibits any deliberation or decisions regarding items presented in public comments. City Council may only make a statement of specific factual information given in response to the inquiry; recite an existing policy; or request staff to place the item on an agenda for a subsequent meeting.

4. CONSENT AGENDA: Reserved for routine items to save time

Any item may be removed from the Consent Agenda at the request of a Council Member and

considered separately following the Consent Agenda approval. All items listed on the Consent Agenda are to be with one motion “Move to approve Consent Agenda.”

A. Approval of Minutes for Regular Meeting on January 19, 2021.

B. Discussion, consideration and possible action to approve Joint Election Agreement between the Brady Independent School District and the City of Brady.

5. PRESENTATIONS

➢ Annual Report of Brady Fire and EMS

6. PUBLIC HEARING:

A.

Burns Ave. Water Tower

Tony Groves Mayor Larry Land Council Member Place 1

Missi Elliston Council Member Place 2

Jeffrey Sutton Council Member Place 3

Jane Huffman Mayor Pro Tem Council Member Place 4

Jay May Council Member Place 5

Dennis Jobe City Manager Tina Keys City Secretary Sarah Griffin City Attorney MISSION

The City of Brady strives to share its history and encourage

the development of diverse housing, employment, infrastructure, and opportunity through transparent management and

financing for all residents and

employees.

NOTICE is hereby given of a meeting of the City Council of City of Brady, McCulloch County, State of Texas, to be held at 6:00 p.m. on February 2, 2021, at the City of Brady Municipal Court Building, located at 207 S. Elm Street, Brady, Texas, for the purpose of considering the following items. The City Council of the City of Brady, Texas, reserves the right to meet in closed session on any of the items listed below should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code.

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CITY OF BRADY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING FEBRUARY 2, 2021, 6:00 P.M.

7. INDIVIDUAL CONCERNS

City Council Members are to deliberate the following items. Staff will present the item and are prepared to answer City Council Member questions. The Mayor will recognize Council Members as the council discuss the item so everyone is heard. Once the City Council Members finish discussion, the Mayor will recognize attendees who have comments. Attendees and council members need to direct comments to the Mayor as they are recognized. When all comments are complete, the Mayor will call for a motion.

A. Discussion, consideration and possible action regarding Resolution 2021-006 to apply for a Police Handheld Radio Grant from the Office of the Governor in the amount of $25,989.24

B. Discussion, consideration and possible action regarding City Council direction on Burns Street Elevated Storage Tank.

C. Discussion, consideration and possible action regarding the first reading of Ordinance 1316 amending the City of Brady Code of Ordinances Chapter 1, General Provisions, Article 1.10 Parks and Recreation and Community Facilities, Section 1.10.041 Construction and Location of Docks

8. STAFF REPORTS

None

9. ANNOUNCEMENTS

Pursuant to the Texas Government Code § 551.0415, City Council Members and City staff may make reports about items of community interest during a meeting of the governing body without having given notice of the report. Items of community interest include: Expressions of thanks, congratulations, or condolence; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person’s public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; Information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to public health and safety of people in the municipality that has arisen after the posting of the agenda.

10. EXECUTIVE SESSION

None

11. OPEN SESSION ACTION ON ANY ITEMS COMING OUT OF EXECUTIVE SESSION

n/a

12. ADJOURNMENT

I certify that this is a true and correct copy of the City of Brady City Council Meeting Agenda and that this notice as posted on the designated bulletin board at Brady City Hall, 201 E. Main St., Brady, Texas 76825; a place convenient and readily accessible to the public at all times, and said notice was posted on _________________ by 6:00 p.m. and will remain posted continuously for 72 hours prior to the scheduled meeting pursuant to Chapter 551 of the Texas Government Code.

_____________________ Tina Keys, City Secretary

In compliance with the American with Disabilities Act, the City of Brady will provide for reasonable accommodations for persons attending public meetings at City facilities. Requests for accommodations or interpretive services must be received at least 48 hours prior to the meeting. Please contact the City Secretary at 325-597-2152 or citysec@bradytx.us.

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CITY OF BRADY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING FEBRUARY 2, 2021, 6:00 P.M.

Attendance by Other Elected or Appointed Officials: It is anticipated that members of other governmental bodies, and/or city boards, commissions and/or committees may attend the meeting in numbers that may constitute a quorum of the body, board, commission and/or committee. The members of the boards, commissions and/or committees may be permitted to participate in discussion on the same items listed on the agenda, which occur at the meeting, but no action will be taken by such in attendance unless item and action is specifically provided for on an agenda for that body, board, commission or committee subject to the Texas Open Meetings Act.

The City Council of the City of Brady reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed on this agenda as authorized by the Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding prospective Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices), 551.086 (Deliberate, vote or take final action on competitive matters of the public power utility), and 551.087 (Deliberation regarding Economic Development).

This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes written interpretation of the Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.104(c) and the meeting is conducted by all participants in reliance on this opinion.

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1 | P a g e – B r a d y C i t y C o u n c i l M i n u t e s J a n u a r y 1 9 , 2 0 2 1 STATE OF TEXAS

COUNTY OF McCULLOCH CITY OF BRADY

The City Council of the City of Brady, Texas met in a Regular Meeting on Tuesday January 19, 2021 at 6:00 pm with Mayor Anthony Groves presiding in person. Council Members present were Jeffrey Sutton, Jay May, Larry Land and Missi Elliston. City staff present were City Manager Dennis Jobe, Public Works Director Steven Miller, Police Chief Steve Thomas, and City Secretary Tina Keys. There were no others in attendance.

1. CALL TO ORDER, ROLL CALL & CERTIFICATION OF A QUORUM

Mayor Groves called the meeting to order at 6:00 p.m. Council quorum was certified.

2. INVOCATION AND PLEDGE OF ALLEGIANCE

Council Member May gave the invocation and the Pledge of Allegiance was recited.

3. PUBLIC COMMENTS

There were no public comments

4. CONSENT AGENDA

A. Approval of Minutes for Regular Meeting on January 5, 2021

B. Discussion, consideration and possible action regarding Interlocal Agreement with McCulloch County for labor and equipment sharing to improve/maintain infrastructure of public facilities.

Council Member Elliston moved to approve the consent agenda. Seconded by Council Member Sutton. All Council Members voted “aye” and none “nay”. Motion passed with a 4– 0 vote.

5. PRESENTATIONS:

First Quarter Financial Report – FY 21 – Lisa McElrath presented

6. PUBLIC HEARINGS AND INDIVIDUAL CONCERNS ON PUBLIC HEARING

There were no Public Hearings

7. INDIVIDUAL CONCERNS

A. Discussion, consideration and possible action regarding Resolution 2021-005 authorizing publication of notice of intent to issue City of Brady, Texas Combination Tax and Surplus Waterworks and Sewer System Revenue Certificates of Obligation, Series 2021, not to exceed $4,130,000. Lisa McElrath presented. Council Member Sutton moved to approve Resolution 2021-005. Seconded by Council Member May. All Council Members voted “aye” and none “nay”. Motion passed with a 4 – 0 vote.

B. Discussion, consideration and possible action to appoint a non-voting advisory director for Brady Youth Sports Foundation. Mayor Groves presented. Dennis Jobe said he would like to volunteer, but the bylaws say it must be a member of City Council. Council Member May volunteered with the understanding that Dennis Jobe would be representing the City. All Council Members voted “aye” and none “nay”. Passes 4 – 0 .

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2 | P a g e – B r a d y C i t y C o u n c i l M i n u t e s J a n u a r y 1 9 , 2 0 2 1

8. STAFF REPORTS

A. Monthly Financial / Utility Reports:

B. Monthly Activity Reports: Visit Brady Report, Seniors, Golf, BPD, Fire-EMS Calls, BVFD Expense Report, Animal Control, Airport, Code Enforcement, Chronic Code Complaints, and Structures Inhabited without utilities

C. Upcoming Special Events/Meetings:

Feb. 2 Regular City Council Meeting 6:00 p.m. Feb. 14 Valentine’s Day

Feb. 15 President’s Day – City Offices Closed Feb. 16 Regular City Council Meeting 6:00 p.m. March 2 Regular City Council Meeting 6:00 p.m. Mar 8 – 12 BISD Spring Break

March 16 Regular City Council Meeting 6:00 p.m. April 2 Good Friday – City Offices Closed April 4 Easter

April 6 Regular City Council Meeting 6:00 p.m. April 20 Regular City Council Meeting 6:00 p.m. April 23 Happy Birthday MISSI ELLISTON

9. ANNOUNCEMENTS

Dennis Jobe said most times we see complaints, but recently, our Gas Department was called to fix a meter at a business and made a mess, but the customer said the Gas crew cleaned everything up without being asked. Kudos to the Gas Dept. Also, a young lady coming through town and had a flat tire and fire dept. went and helped her and even went and bought her a new tire. She wrote in and said she was so thankful. Council Member Elliston asked if we have a program where when an employee receives a complement or anything, do you ever take them out to lunch. Jobe said he has done that himself. Council Member Elliston said she thinks that we should budget and have a program to thank employees. Chief Thomas said today a family was jogging on the trail and there was an attempted sexual assault. They met with the victim and found out that a guy had flown into Brady and was given a courtesy car. They were able to collect information and picked him up and he’s in jail. That’s good investigation and follow through. Chief Thomas said the police department also recovered a lot of stolen property this weekend in cooperation with the new Sheriff and his office. The new hire, Krystal Tully, will be putting more timely information on FB. Jobe said we may have a work shop at our next meeting. He said they also finished their employee reviews but he believes the Council needs to go over or actually do the review for the police chief and fire chief. Mayor Groves said it is the 6th week of Covid vaccine. The Texas Department of Health Services received another 100 doses or will this week. He has a phone number people can call to be put on the list. Council Member Elliston asked if there is certain criteria. Mayor said B class and they are finishing a few 1-A’s.

10. EXECUTIVE SESSION

There was no Executive Session

11. OPEN SESSION ACTION ON ANY ITEMS COMING OUT OF EXECUTIVE SESSION

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3 | P a g e – B r a d y C i t y C o u n c i l M i n u t e s J a n u a r y 1 9 , 2 0 2 1

12. ADJOURNMENT

There being no further business, the Mayor adjourned the meeting at 6:40 p.m.

____________________________ Mayor Anthony Groves

Attest: __________________________ Tina Keys, City Secretary

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City Council

City of Brady, Texas

Agenda Action Form

AGENDA DATE: 02/02/2021 AGENDA ITEM 4.B.

AGENDA SUBJECT:

Discussion, consideration, and possible action to approve Joint Election Agreement between the Brady Independent School District and the City of Brady.

PREPARED BY: T. Keys Date Submitted: 1/29/2021

EXHIBITS: Joint Election Agreement

BUDGETARY IMPACT: Required Expenditure: $0.00

Amount Budgeted: $0.00

Appropriation Required: $0.00

CITY MANAGER APPROVAL: SUMMARY:

The Brady ISD and the City of Brady plan to hold an election on Saturday, May 2, 2021. Texas Election Code section 271.002 authorizes the governing bodies of political subdivisions to enter into an agreement to hold joint elections in election precincts that can be served by common polling places. The City of Brady wishes to conduct a Joint Election with the Brady Independent School District. City Attorney has prepared and approved agreement.

RECOMMENDED ACTION:

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JOINT ELECTION AGREEMENT BETWEEN

THE BRADY INDEPENDENT SCHOOL

DISTRICT AND THE CITY OF BRADY

This joint election agreement is made this day of ____ day of ________________,

2021, by and between the Brady Independent School District ("Brady ISO") and the City

of Brady (the City").

WHEREAS, Brady ISD plans to hold an election on Saturday, May 1, 2021 for the

purpose of electing one trustee for each of the Single Member Districts 1, 5 and 7

WHEREAS, The City plans to hold a General Election on Saturday, May 1, 2021

for the purpose of electing City Council places 2 and 3;

WHEREAS, Texas Election Code section 271.002 authorizes the governing bodies

of political subdivisions to enter into an agreement to hold joint elections in election

precincts that can be served by common polling places;

WHEREAS, Brady ISD and the City will hold elections on the same day; and

WHEREAS, the parties to this agreement serve voters within the same boundaries,

and it would be to the benefit of the City, Brady ISD, and the citizens and voters thereof

to hold the elections jointly.

NOW, THEREFORE, IT IS AGREED that a joint election will be held by Brady ISD

and the City for the Saturday, May 1, 2021 election and future elections, unless and until

cancelled by either party, under the following terms and conditions:

The City and Brady ISD will jointly use ballots and the electronic voting system

which is leased by contract from Brown County, Brownwood, Texas.

Tabulation of all results will be administered through Brown County with the

Brown County Elections Administrator presiding.

The City and Brady ISD will individually be responsible for ordering its own

election and publishing its notice of election.

City Secretary of the City will be designated as the Chief Election Official.

Early voting for the City and Brady ISD will take place jointly and be located at

City Hall of Brady, 201 E. Main, Brady, Texas. The hours for early voting will be

from 8:30 a.m. to 5:00 p.m. Monday through Friday with two 12-hour days as

required per Texas Election code 85.005(d).

On Election Day the polling place located at City Hall of Brady, 201 E. Main St.,

Brady, Texas will be jointly used by the City and Brady ISD. The City will be

responsible for securing qualified individuals to serve as election judges for the polling

place jointly used by the City and Brady ISD.

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The City and Brady ISD will individually purchase the necessary election materials and

supplies. Each entity will furnish the necessary ballot information to Brown County

Elections Administrator for the programming of the accessible voting system. Brown

County will be responsible for the preparation of the accessible voting system that will

be used during the early voting and on Election Day at City Hall.

The City will be responsible for the management of early voting by personal

appearance and early voting by mail.

The City and Brady ISD shall share equally in the expense of the early voting and

Election Day polling locations, ballot programming, payroll of election workers, and

other costs common to both elections upon receipt of satisfactory billing and invoices

from Brown County reflecting the total of such expenses.

In the event that the City cancels an election, Brady ISD will determine alternative

polling place and election workers for early voting and election day as stated within

this agreement. In such case, the City shall not be responsible for any costs associated

with said election.

In the event that Brady ISD cancels an election, Brady ISD shall not be responsible for

any costs associated with a remaining election of the City.

The undersigned are the duly authorized representative of the parties' governing bodies,

and their signatures represent adoption and acceptance of the terms and conditions of

this agreement.

APPROVED this ______ day of _______________________, 2021 by the Board of

Trustees of the Brady Independent School District.

____________________________________

Board Secretary

APPROVED this ______ day of __________________________, 2021 by the City Council of the

City of Brady, Texas

______________________________________

City Manager

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2019-2020 Year-end Review This is a year to remember:

Rosie Salas retired; she was a great asset to me in the short time I was employed with the City of Brady. With due diligent and many interviews, intense discussions with our City Secretary I was able to hire a great asset to our department and city, Ron Larson.

Then there was COVID-19. The City and County run numbers on a yearly basis averaged from 1100 to 1300 a fiscal year.

For 2019-2020 fiscal year 911 calls, we totaled 1,192. ALS calls 438, BLS calls 508, Fire calls 246. Within these 911 calls we performed: Heart of Texas transfers 13, County Calls, 289 Fire and EMS calls, Refusals 381 City and County, Out Of Hospital Transport, 10 ( Brady West ), Trauma Deaths, 5, Helicopter Transports, 20, Trauma Calls, 196, Calls that took more than 20 minutes, 214 and Misc. calls, 64.

McCulloch County experienced three major Wildland Fires. First was the Waldrop Fire which burned around 1000 acres in McCulloch County. During the Waldrop Fire the Gate 5 Fire started which burned over 13,000 acres in McCulloch and Coleman County and lasted over two weeks. The last major fire was the Mays fire which burned over 9000 acres in McCulloch county and into San Saba County.

Brady Fire/EMS received their new Ambulance thanks to the City Council. COVID-19 what more can I say.

A special thank you to are City Council and City staff for the understanding and help they provide for their Fire Department.

Sincerely Chief Perrin

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City Council

City of Brady, Texas

Agenda Action Form

GENDA DATE: 02/02/2021 AGENDA ITEM 7.A.

AGENDA SUBJECT:

Discussion, consideration and possible action regarding Resolution 2021-006 to apply for a Police Handheld Radio Grant from the office of the Governor in the amount of $25,989.24

PREPARED BY: Catalina Morgan Date Submitted: 1/28/2021

EXHIBITS: Resolution 2021-006

BUDGETARY IMPACT: Required Expenditure: $0

Amount Budgeted: $0

Appropriation Required: If grant is awarded $25,989.24.00

CITY MANAGER APPROVAL: SUMMARY:

In an effort to update our portable/hand-held radio system (Motorola XTS-2500, which was released to law enforcement in 2009) is no longer in production or under any warranty or service plan) we prepared a grant through the Concho County Council of Governments and the Attorney General’s Office for ten (10) Motorola APX-4000 portable radios for the patrol division.

The price of the radios, programming from Texas Communications and required encryption fall within the total grant awarded to us ($25,989.24).

Chief Thomas will be available to answer questions. RECOMMENDED ACTION:

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RESOLUTION 2021- 006

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADY, TEXAS SUPPORTING THE APPROVAL SUBMISSION OF A GRANT APPLICATION FOR POLICE HAND-HELD PORTABLE RADIOS GRANT FROM THE OFFICE OF THE GOVERNOR TO FUND 100 % OF 10 PORTABLE RADIOS WITH PROGRAMMING LABOR ($25,989.24)

WHEREAS, the Brady City Council finds it is in the best interest of the citizens of Brady, Texas that police officers be equipped with hand held portable radios beginning in 2021; and

WHEREAS, the Office of the Governor, Criminal Justice Division, is offering the opportunity for a grant that would cover the costs of the Hand-Held Portable Radios; and

WHEREAS, the City of Brady City Council agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Brady assures that the funds will be returned to the Office of the Governor, in full; and

WHEREAS, the City of Brady designates the City Manager as the grantee’s authorized official. The authority official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL, CITY OF BRADY, TEXAS:

That the City of Brady City Council approves submission of the grant application for police hand-held portable radio equipment to the Office of the Governor.

PASSED AND APPROVED this the _______ day of ________________, 2021

CITY OF BRADY:

_______________________ Anthony Groves, Mayor Attest: ___________________________

Tina Keys, City Secretary

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City Council

City of Brady, Texas

Agenda Action Form

AGENDA DATE: 02/02/2021 AGENDA ITEM 7.B.

AGENDA SUBJECT:

Discussion, consideration, and possible action on City Council prerogative concerning the Burns Ave. Elevated Storage Tank.

PREPARED BY: S. Miller / E. Corbell Date Submitted: 01/26/2021

EXHIBITS: Presentation – survey statistics

BUDGETARY IMPACT: Required Expenditure: $0.00

Amount Budgeted: $0.00

Appropriation Required: $0.00

CITY MANAGER APPROVAL: SUMMARY:

The Burn Ave. EST was commissioned in 1964 as a water storage tank providing capacity and pressure to city public water distribution system. Currently, the city’s water distribution system is under major reconfiguration eliminating the need for the Burns Ave. EST, due to the addition of a new EST at a higher elevation and another location. Keeping the Burns Ave. EST as an asset will require substantial periodic funding to maintain the tank. Contractor services provide for demolition of the tank and is funded.

RECOMMENDED ACTION:

City Council to decide whether to keep Burns Ave. EST as a city asset or remove the tank as an asset through funded demolition services.

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City Council City of Brady, Texas

Agenda Action Form for Ordinance

AGENDA DATE: 02/02/2021 AGENDA ITEM 7.C.

AGENDA SUBJECT:

Discussion, consideration and possible action regarding the first reading of Ordinance 1316 amending the City of Brady Code of Ordinances Chapter 1, General Provisions, Article 1.10 Parks and Recreation and Community Facilities, Section 1.10.041 Construction and Location of Docks

PREPARED BY: Tina Keys Date Submitted: 1/29/2021

EXHIBITS: Ordinance 1316

Section 1.10.041, City of Brady Code of Ordinances Drawing of proposed dock

BUDGETARY IMPACT: Required Expenditure: $00.00

Amount Budgeted: $00.00

Appropriation Required: $00.00

CITY MANAGER APPROVAL: SUMMARY:

A citizen who has a permit for a boat dock on Brady Lake is requesting to build a boat dock that is 24 feet wide x 30 feet long to accommodate his large boat. The Ordinance covering boat docks was written 18 years ago. Many boats are typically larger now than then and staff is recommending allowing the change to accommodate larger boats being placed on Brady Lake.

RECOMMENDED ACTION:

Mayor will ask: “Madam City Secretary please read the Ordinance Preamble for the record in accordance with the City Charter.” “Secretary reads preamble”

Mayor calls for a motion: Move to approve the first reading of Ordinance 1316 .

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ORDINANCE NO. 1316

AN ORDINANCE OF THE CITY OF BRADY TEXAS AMENDING THE CODE OF ORDINANCES CHAPTER 1, GENERAL PROVISIONS, ARTICLE 1.10 PARKS,

RECREATION AND COMMUNITY FACILITIES, SECTION 1.10.041

CONSTRUCTION AND LOCATION OF DOCKS, PROVIDING FOR

SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on August 7, 2002, Ordinance 913 was passed by the City Council of the City of Brady, which was later codified int Chapter 1, Article 1.10 Parks and Recreation and Community Facilities, Section 1.10.041 “Construction and Location of Docks”; and

WHEREAS, in reviewing the language of Section 1.10.041 “Construction and

Location of Docks”, it was determined that the allowable size for boat docks may no longer be consistent with the size of boats being placed on Brady Lake; and

WHEREAS, the City Council of the City of Brady has determined that the size of a boat dock to be placed on Brady Lake should be increased to 24’ x 30’ to accommodate larger boats.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRADY, TEXAS:

Section 1. Chapter 1, GENERAL PROVISIONS, Article 1.10 Parks and

Recreation and Community Facilities, Section 1.10.041 “Construction and Location of Docks” of the Codified Ordinances of the City of Brady, Texas is hereby amended as follows (with a strikethrough denoting a deletion and an underline denoting an addition): Sec. 1.10.041 Construction and location of docks.

“(b) Size of docks. No docks larger than 20 24 feet by 24 30 feet may be placed on the waters of the lake.”

Section 2. All other portions of Section 1.10.041 shall remain in effect as currently written.

Section 3. Severability. Should any 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 of provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Ordinances as a whole.

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Section 4. Savings. All ordinances or parts of ordinances in force when the provisions of this Ordinance become effective which are inconsistent or in conflict with the terms and provisions contained in this Ordinance are hereby repealed, but only to the extent of any such conflict.

Section 5. Effective Date. This Ordinance shall take effect immediately from and after its passage and the publication as provided by law.

Passed and approved on the FIRST READING this ____ day of _____________, 2021.

Passed and approved on the SECOND READING this ____day of ____________, 2021.

Anthony Groves, Mayor

ATTEST:

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Sec. 1.10.041 Construction and location of docks

(a) Construction of docks and other structures. No dock or docks or any floating structure shall be placed

on the waters of Brady Lake for use as a stationary structure without prior approval of the city. All such structures shall be referred to by definition as docks and shall include piers, floating walkways or other structures. All docks placed off the waters of the lake shall be constructed with styrofoam or polystyrene flotation. No metal drums or barrels shall be used. All materials used in construction shall be sound and no floating structure may be placed on the lake waters unless the design and materials are approved by the city.

(b) Size of docks. No docks larger than 20 feet by 24 feet may be placed on the waters of the lake.

(c) Location of docks. In determining the location of docks, the following policies and priorities will

govern the location approved by the city:

(1) Owners of waterfront lots in any subdivision at the lake will have first priority as to placement of docks.

(2) Owners of lots in any subdivision not adjacent to the shoreline will have second priority as to locating docks.

(3) Approval will not be given to persons wishing to locate docks who do not own property within the subdivision.

(4) No docks will be located closer than 20 feet to any existing dock, or located in any manner that will interfere with safety of, or lake access to, existing docks. Docks shall not extend more than 50 feet from the shoreline without approval from the city manager.

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24'

30'

10'

4'

10'

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