City Council
NOTICE OF MEETING
REGULAR SESSION AGENDACity Council
6:30 PM - Tuesday, September 11, 2018 Weatherford City Hall, City Council Chambers
303 Palo Pinto Street, Weatherford, TX Paul Paschall, Mayor
Heidi Wilder, Place 1, Mayor Pro Tem Jeff Robinson, Place 2
Matt Ticzkus, Place 3 Kevin Cleveland, Place 4 James Hotopp, City Manager Brad Burnett, Assistant City Manager
Ed Zellers, City Attorney Malinda Nowell, TRMC, City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Weatherford City Hall, distributed to the appropriate news media, and posted on the City website at http://www.weatherfordtx.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Weatherford website at www.weatherfordtx.gov/agendas . All meetings of the Weatherford City Council, Municipal Utility Board, and other boards/commissions/committees of the City of Weatherford are open to the public. Public participation and written comments are invited on all open session business items.
The Mayor/Chair requests that all electronic devices be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation. Weatherford City Hall is wheelchair accessible and special parking is available on the south side of the building. If special accommodations are required please contact the City Secretary at 8175984202 a minimum of 24 hours in advance.
The City Council, Municipal Utility Board, and other boards/commissions/committees of the City of Weatherford, as allowed, reserve the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed below, as authorized by the Texas Government Code: Section 551.071Consultation with Attorney; 551.072Deliberations about Real Property; 551.073Deliberations about Gifts and Donations; 551.074Personnel Matters; 551.076Deliberations about Security Devices; 551.086Certain Public Power Utilities; and 551.087Economic Development.
Unless a Work Session Agenda, or otherwise indicated, action may be taken on any of the following agenda items.
1. INVOCATION
2. CALL TO ORDER & ANNOUNCEMENT OF A QUORUM
3. PLEDGES OF ALLEGIANCE TO THE UNITED STATES & TEXAS FLAGS
4. ITEMS OF COMMUNITY INTEREST
Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the City Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of
individuals; (4) reminders about upcoming City Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety.
5. PRESENTATIONS & PROCLAMATIONS
5.a. Proclamation naming September 17-23, 2018 as Constitution Week.(Craig Swancy) Constitution Week 0917-0923 2018
6. CONSENT AGENDA ITEMS
All of the ‘Consent Agenda Items’ are considered to be routine and selfexplanatory and will be enacted with one motion. There will be no separate consideration of these items unless the Council or Board removes the item from Consent.
6.a. Consider approval of the minutes of the City Council meeting held August 28, 2018. Minutes CC 08282018.pdf
6.b. Consider approval of Ordinance 912-2018-27 for a zoning district change to allow a C2
Commercial/ Interstate Zoning District to an Industrial Zoning District at a property located in the 2600 block of E. Bankhead and described as being 10.478 acres situated in and being a portion of the Maria Antonio Mesa Survey, Abstract 856, and being a part of the Samuel Bond Survey, Abstract 165, City of Weatherford, Texas. ZCH2018-0011.(Craig Farmer, Director, Development & Neighborhood Services)
Suggested Action: The wrong ordinance was inadvertently attached to the original agenda item on 6/26. The minutes of what was discussed and agreed upon are included as a reminder of what discussed and voted on and the correct ordinance is now attached. ORIGINAL SUGGESTED ACTION: Staff recommends approval. The Planning & Zoning Commission voted unanimously (50) at its meeting June 13, 2018 to approve the item. ZCH2018-0011_Zoning Map.jpg
ZCH2018-0011_Gen Plan Map.jpg ZCH2018-0011 Site Plan.pdf ZCH2018-0011 Narrative.pdf ORD ZCH2018-0011.docx CC 6-26 Minutes.pdf
6.c. Discuss and consider Change Order #1 for bid #2018-014 - Old City Hall Renovation.(James Hotopp, Deputy City Manager)
Suggested Action: Staff requests City Council approval of a Change Order #1 in the amount of $35,138 to the previously awarded bid #2018014 to Joe R. Jones Construction and raising the total contract amount to $348,138.
7. PUBLIC HEARINGS
7.a. Hold a PUBLIC HEARING on the proposed ad valorem tax rate of $0.50 per $100 valuation, including $0.3445 per $100 value for operations and $0.1555 for interest and sinking (debt service.) (Kyle Lester, Finance Director)
Suggested Action: No action is required at this time; this is the second and final public hearing on the FY19 tax rate.
3 /5 TR Hearing Notice.pdf
7.b. Hold a PUBLIC HEARING on the City Manager's Proposed FY19 Budget.(Kyle Lester, Finance Director)
Suggested Action: There is no action required at this time. Budget Hearing Notice.pdf
8. REGULAR AGENDA ITEMS
8.a. Discussion and consideration of all matters incident and related to the issuance and sale of “City of Weatherford, Texas, General Obligation Refunding Bonds, Series 2018”, including the adoption of ordinance 920-2018-35 authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded.(Brad Burnett, Assistant City Manager)
Suggested Action: Staff recommends approval. Weatherford GO Ref Ordinance.pdf
8.b. Discuss and consider nominees for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election/Ballot.
Suggested Action: Council direction is requested.
8.c. Receive recommendation from Council regarding funding outside agency requests for the City's FY19 Budget(Kyle Lester, Finance Director)
Suggested Action: As this decision is made solely on Council discretion, staff has no recommendation on this item.
9. STAFF REPORTS
9.a. Report on Solid Waste Division and Financial Study(Dustin Deel, Director of Municipal and Community Services)
10. CITIZEN COMMENTS ON NON-AGENDA ITEMS
Residents may address the Council/Board/Commission/Committee regarding an item that is not listed on the agenda. Residents must complete a speaker card and turn it in to the Secretary five (5) minutes before the start of the meeting. The Rules of Procedure states that comments are to be limited to three (3) minutes. Speaker rules are posted at the back of the Council Chambers. The Texas Open Meetings Act provides the following: (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) A statement of specific factual information given in response to the inquiry; or (2) A recitation of existing policy in response to the inquiry. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting.
11. FUTURE AGENDA ITEMS
12.a. Pursuant to Chapter 551, Texas Government Code, VTCS, (Open Meetings Law): In accordance with the authority contained in: Section 551.071, Texas Government Code - consultation with the City’s attorneys to seek advice on the following matters:
*eminent domain actions for the acquisition of easements for the construction and maintenance of a pipeline and outfall facility for the reclamation of treated wastewater and for other public purposes permitted by law; and
*pending litigation related to Texas Pollutant Discharge Elimination System Permit No. WQ001038002 with the Texas Commission on Environmental Quality.
Pursuant to Section 551.072, Texas Government Code - deliberation regarding the purchase, exchange, lease, or value of real property to be acquired for easements for the construction and maintenance of a pipeline and outfall facility for the reclamation of treated wastewater across an approximately 25 acre tract of land located in the J H Letsinger Survey Abstract 2564 and S Olinger Survey Abstract 1027, described in Volume 1791, Page 380, Deed Records of Parker County, Texas.( Rick Shaffer, Director of Water Utilities)
13. ACTION ON EXECUTIVE SESSION ITEMS
13.a. To take action, if necessary, pursuant to Chapter 551, Texas Government Code, VTCS, (Open Meetings Law): In accordance with the authority contained in: Section 551.071, Texas Government Code - consultation with the City’s attorneys to seek advice on the following matters:
*eminent domain actions for the acquisition of easements for the construction and maintenance of a pipeline and outfall facility for the reclamation of treated wastewater and for other public purposes permitted by law; and
*pending litigation related to Texas Pollutant Discharge Elimination System Permit No. WQ001038002 with the Texas Commission on Environmental Quality.
Pursuant to Section 551.072, Texas Government Code - deliberation regarding the purchase, exchange, lease, or value of real property to be acquired for easements for the construction and maintenance of a pipeline and outfall facility for the reclamation of treated wastewater across an approximately 25 acre tract of land located in the J H Letsinger Survey Abstract 2564 and S Olinger Survey Abstract 1027, described in Volume 1791, Page 380, Deed Records of Parker County, Texas.( Rick Shaffer, Director of Water Utilities)
14. REGULAR AGENDA ITEMS
14.a. Consider the use of eminent domain to condemn property and consider a resolution authorizing the filing of eminent domain proceedings for the purpose of obtaining easements across an
approximately 25 acre tract of land located in the J H Letsinger Survey, Abstract 2564 and S Olinger Survey, Abstract 1027, described in Volume 1791, Page 380, Deed Records of Parker County, Texas, for construction and maintenance of a pipeline and outfall facility for the reclamation of treated wastewater and for other public purposes permitted by law.(Rick Shaffer, Director of Water Utilities)
5 /5 CERTIFICATION
I certify that this Notice of Meeting was posted on _____________________ at _____________ a.m. / p.m. as required by law in accordance with Section 551.042 of the Texas Local Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the city's website.
Posted By _______________________________ Title ___________________________________ Date/Time Removed _______________________
Office of the Mayor
PROCLAMATION
I, Craig Swancy, by virtue of the authority vested in me as
Mayor of the City of Weatherford
do hereby proclaim September 17-23, 2018 as
“Constitution Week”
WHEREAS, September 17, 2018, marks the anniversary of the drafting of the Constitution of
the United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document
and its memorable anniversary; and to the patriotic celebrations which will
commemorate the occasion; and
WHEREAS, the Weatherford Chapter Daughters of the American Revolution provide
educational programs to school children and adults of Weatherford; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as
Constitution Week.
NOW, THEREFORE I, Craig Swancy by virtue of the authority vested in me as Mayor of the
City of Weatherford, Texas do hereby proclaim the week of September 17 through 23 as
CONSTITUTION WEEK
AND ask our citizens to reaffirm the ideals that the Framers of the Constitution had in 1787.
In testimony whereof, witness my hand and the seal of the City of Weatherford, this 11th day of
September 2018.
________________________________________
Craig Swancy, Mayor
Attest:
________________________________________
Malinda Nowell, TRMC, City Secretary
CC08282018 Page 1 of 5
MINUTES OF THE CITY COUNCIL REGULAR AND WORK SESSIONS HELD AUGUST 28, 2018 IN THE CITY HALL COUNCIL CHAMBERS, 303 PALO PINTO STREET, WEATHERFORD, TEXAS.
INVOCATION
Associate Pastor David Slyter of Grace First Presbyterian led the invocation.
CALL TO ORDER & ANNOUNCEMENT OF A QUORUM
Mayor Craig Swancy called the meeting to order at 6:30 p.m. Present were: Mayor Craig Swancy, Mayor Pro Tem Jeff Robinson, Heidi Wilder, Curtis Tucker and Kevin Cleveland. City staff included: City Manager Sharon Hayes, Deputy City Manager James Hotopp, Assistant City Manager Brad Burnett, City Attorney Ed Zellers and City Secretary Malinda Nowell.
PLEDGES OF ALLEGIANCE TO THE UNITED STATES & TEXAS FLAGS
Mayor Swancy led the pledges.
ITEMS OF COMMUNITY INTEREST
City Manager Sharon Hayes discussed the recent 'Clear the Shelter' event. She stated that attendance was down from previous years across the Metroplex. Despite that, 92 animals were adopted from the Weatherford Parker County Animal Shelter and WPCAS placed 4th again.
CONSENT AGENDA ITEMS
On the motion of Jeff Robinson, second by Heidi Wilder, the Council voted unanimously to approve the following items on the consent agenda. Motion carried 5 - 0.
• Approved the minutes of the City Council meeting held August 14, 2018.
• Ratified the appointment of Weatherford College President Dr. Tod Farmer to the Weatherford Economic Development Board effective immediately.
PUBLIC HEARINGS
Hold a PUBLIC HEARING and consider approval of Ordinance #918-2018-33 for a zoning district change to allow C-1 Commercial to R-2 Two-Family Residential at a property located at 211 S. Walnut Street and described as being 0.215 acres out of Lot 3, Block 51, Original Town of Weatherford, City of Weatherford, Texas. ZCH2018-0016.
Director of Development and Neighborhood Services Department Craig Farmer presented this item. He stated that the owner has requested rezoning because the C1 zoning no longer allows residential homes. Mr. Farmer stated that staff is considering ways to amend the ordinance to find a different solution to zoning issues like this one. Until a solution is determined, staff will continue bringing forward zoning changes on a case by case basis as they are brought to staff's attention. Mr. Farmer stated that single family residential is allowed in the R2 zoning designation. The General Plan allows for R1 and R2 in this area.
Mayor Swancy opened the public hearing at 6:35 p.m. As there were no speakers, Mayor Swancy closed the hearing at 6:35 p.m.
On the motion of Heidi Wilder, second by Curtis Tucker, the Council voted unanimously to approve this item. Motion carried 5 - 0.
Hold a PUBLIC HEARING and consider approval of Ordinance #919-2018-34 for a zoning district change to allow C-1 Commercial to R-1 One-Family Residential at a property located at 111 Cottonwood and described as being Lot 3, Block 4, Richey's Addition, City of Weatherford, Texas. ZCH2018-0017.
Mr. Farmer presented this item as well. He stated there are several lots with single family zoning in this vicinity and the applicant has requested rezoning to R1 for financing purposes. Mr. Farmer stated that the General Plan suggests that the area could be C1 or residential. Staff has no objection and the Planning and Zoning Commission recommended approval for R1.
Mayor Swancy opened the public hearing at 6:38 p.m. As there were no speakers, Mayor Swancy closed the public hearing at 6:38 p.m.
On the motion of Jeff Robinson, second by Kevin Cleveland, the Council voted unanimously to approve this ordinance. Motion carried 5 - 0.
Hold a PUBLIC HEARING on the proposed ad valorem tax rate of $0.50 per $100 valuation, including $0.3445 per $100 value for operations and $0.1555 for interest and sinking (debt service.)
Finance Director Kyle Lester presented this item. Mayor Swancy opened the public hearing at 6:40 p.m. As there were no speakers, Mayor Swancy closed the public hearing at 6:40 p.m. No action was required or taken at this time.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
• Anita McNutt, 409 West Bridge Street, spoke about obtaining a petition to collect signatures to allow urban chickens in the City since the Council did not pass the ordinance that staff recommended on August 14. Ms. McNutt asked why Councilmember Tucker voted against the ordinance.
• Burl Magee, 2148 Lake Forest Drive, spoke regarding the proposed sale of the small pond at the entrance to Clear Lake. Mr. Magee stated the neighborhood was under the impression the area was going to become a public park. Mr. Magee stated the pond is good for fishing and serves as a resting stop for migratory ducks. Mr. Magee asked the Council to postpone the sale of this land until the public can be fully informed.
FUTURE AGENDA ITEMS
None
WORK SESSION ITEMS Budget Work Session
City Manager Sharon Hayes briefly reviewed the council-manager form of government and staff's responsibility versus council responsibility regarding the budget. Council sets the priorities and the tax rates while the City Manager brings forward the budget proposal. Ms. Hayes stated the process starts in April each year. All departments meet with the budget team which includes the City Manager's Office and the Budget Office. The team reviews all requests based on needs and Council priorities. This year, departments submitted $9.7m in requests. Of those requests, $7.2m were one-time/non-recurring requests and the remaining $2.5m were ongoing/recurring expenditures. Total revenue available is only $2.8m. Approximately $2.2m was recurring and only approximately $300k was non-recurring. Ms. Hayes stated that the budget team attempts to make sure that each department’s needs are accommodated, while still paring down the requests, over and over, until the team feels the budget is ready to present to the Council. Finance Director Kyle Lester presented this item. He provided the following summary depicting a modification based upon staff’s recommended tax rate and the Council-proposed tax rate:
CC08282018 Page 3 of 5
Mr. Lester stated that the effective rate pulls the budget down by $250k ongoing, while the proposed rate would add approximately $230,000 to the budget. During the previous year’s budget process, it was decided that $500k in property tax would be dedicated to long-term capital plans. By building up cash for upcoming projects, it is hopeful that the need for future debt can be offset. Keeping the tax rate the same as this year allows staff $250k more than if the tax rate is reduced to the effective rate. To maintain consistency with last year’s actions, staff wants to utilize the $250k to add to the capital funds on an annual basis. Some internal budgetary changes have been made to accommodate this. Council discussion included what constitutes ‘capital’; not confusing priorities and wish lists; and setting aside dollars for a capital fund to try to limit or avoid a burden on taxpayers when a capital need arises. Ms. Hayes stated that staff is compiling a list of capital projects and debt. Within the next couple of months, staff should be able to present that data to the Council.
Mr. Lester provided the following graph and explained that, as of right now, cash-funding for capital would reach $3.5m in the next five years. With the new proposal, that amount grows to $4.75m, adding an extra $1.25m through that period.
Mr. Lester mentioned one other change, the addition of a new vehicle for the building inspector. The position does not currently have a vehicle, but the job responsibilities warrant one; therefore, staff has added that vehicle for a non-recurring cost of $25,000.
Capital planning:
• Two “buckets” of cash (5-year look) • Available sales tax - ~$5.2m
• Used primarily for maintaining/replacing current assets (fleet, facility renovations, etc.)
• Property tax - $4.75m
New facility needs include: • Police Station:
• Current building insufficient for needs • Expected within next five years • Estimated cost of $15m
• Fire Station #1:
• Current building insufficient for needs • Expected within next two years • Estimated cost of $4m
It was noted that the Council and staff’s work over the last eight years has helped to stabilize the City’s budget.
In the previous budget work session, Council requested an update on the street maintenance program and funding. Director of Transportation and Public Works Manny Palacios presented this portion of the budget work session. Mr. Palacios spoke about the pavement survey that was conducted by IMS in 2012-2013. In 2013, IMS recommended the following:
1. Target Overall Condition Index (OCI) of 66 and backlog below 15% for entire roadway network. This equates to a $1.4M annual budget. A budget of $663k is insufficient and will result in an OCI of 62 with an increase in backlog.
2. Additional long-term funding needs to be secured. Borrowing/bonding will not provide a solution; however, the City is taking great strides by recycling and setting aside funds for crack sealing. 3. Maintenance only defers eventual reconstruction.
4. Steady – effective rehabilitation and maintenance on an annual basis saves the City money over deferred maintenance.
In 2013 when compared to other cities, Weatherford rated near the middle in average OCI, fair on backlog, and was expected to do better with $1.4m in street maintenance funding per year.
Mr. Palacios provided the following chart depicting street operations budget:
$927,537
$184,265
CC08282018 Page 5 of 5
In 2018, with 190 Total Centerline Miles, Transportation and Public Works staff have calculated the present OCI at 75. The following is a breakdown of the estimated number of miles based on OCI with green being excellent condition and red being poor condition:
OCI 0-29 8.73 Miles OCI 30-59 35.18 Miles OCI 60-79 37.02 Miles OCI 80-100 109.21 Miles
Mr. Palacios thanked his staff for their diligent work, thinking outside the box, and learning how to utilize equipment for reclamation projects. During this fiscal year, 23 street projects have been completed and staff is hopeful that three more will be completed by the end of this fiscal year. Street rehabilitation projects are completed all over the City and are not concentrated in just one area. Staff works with City utilities, Texas Gas and other utility providers to coordinate projects and repairs to help minimize construction on City roads. He explained the pavement reclamation process and presented several before/after pictures of City streets. Mr. Palacios stated he hopes to be able to perform another pavement survey in 2019 or 2020. Mr. Palacios stated that the Street Operations Maintenance budget of $1,444,380 currently provides for approximately 60k square yards of street improvements and approximately 25,000 square yards of preventative maintenance per year. This equates to approximately six miles per year.
Concerns include: 1) concrete prices continue to rise; 2) contractual services are increasing due to current strong economy; 3) asphalt streets in older developments are beginning to deteriorate; 4) increased traffic leads to more wear and tear on streets; and 5) ADA regulations lead to increased costs.
Mr. Lester stated that upcoming budget meetings include: • September 11th
o Public Hearing on Tax Rate o Public Hearing on Budget
o Need recommendations for outside agencies • September 25th
o Adoption of FY19 Budget
ADJOURNMENT
On the motion of Jeff Robinson, second by Heidi Wilder, the Council voted unanimously to adjourn the
meeting at 7:39 p.m. Motion carried 5 - 0. _____________________________
ATTEST: Craig Swancy, Mayor
_______________________________ Malinda Nowell, TRMC, City Secretary
Weatherford
AGENDA REPORT
Meeting Date: September 11, 2018 Staff Contact: Craig Farmer, Director, Development &Neighborhood Services
Item Number: 2018-758-AR Phone: 817-598-4338
SUBJECT:
Consider approval of Ordinance 912-2018-27 for a zoning district change to allow a C2 Commercial/ Interstate Zoning District to an Industrial Zoning District at a property located in the 2600 block of E. Bankhead and described as being 10.478 acres situated in and being a portion of the Maria Antonio Mesa Survey, Abstract 856, and being a part of the Samuel Bond Survey, Abstract 165, City of Weatherford, Texas. ZCH2018-0011.
BACKGROUND/DISCUSSION
UPDATE: The wrong ordinance was inadvertently attached to the original agenda item on 6/26. The minutes of what was discussed and voted on are included as a reminder and the correct ordinance is now attached.
ORIGINAL DISCUSSION: The subject property is an undeveloped parcel located on the west side of East Bankhead, abutting the I-20 frontage road. The developer, Blue Beacon, is proposing to develop a new truck washing facility to replace their existing Weatherford location along Santa Fe Drive. The attached site plan shows the proposed layout for the site.
The property is currently zoned C2 Interstate Commercial. The adopted General Plan designates this area as
Manufacturing & Warehouse in the future land use plan. Staff has worked with the applicant and staff recognizes that Industrial zoning would allow for the proposed use by right. Without Industrial zoning, a conditional use permit would normally be required in the C2 zoning district. The request complements the character of the existing area and would allow for the area to transition further towards the intended place type, guiding future development of the area.
FINANCIAL IMPACT None.
SUGGESTED ACTION
The wrong ordinance was inadvertently attached to the original agenda item on 6/26. The minutes of what was discussed and agreed upon are included as a reminder of what discussed and voted on and the correct ordinance is now attached. ORIGINAL SUGGESTED ACTION: Staff recommends approval. The Planning & Zoning Commission voted
unanimously (5-0) at its meeting June 13, 2018 to approve the item. ATTACHMENTS
ZCH2018-0011_Zoning Map.jpg ZCH2018-0011_Gen Plan Map.jpg ZCH2018-0011 Site Plan.pdf ZCH2018-0011 Narrative.pdf ORD ZCH2018-0011.docx CC 6-26 Minutes.pdf
Weatherford Rezone Narrative;
Blue Beacon Int. is a nationwide company whose major business is washing over the road trucks. We have had a truck wash business in the City of Weatherford for over 25 years and have decided we would like to relocate to the site on Bankhead Rd so that we would have the opportunity to add wash bays in the future. We plan to start with a two bay wash which could be expanded to a four bay wash.
We feel our use will be compatible with surrounding uses. We have several locations across the county that are located next to a Loves truck stop and found the two uses complement with each other. The industrial park to the south is a similar to our use and will not be negatively impacted.
The City of Weatherford’s Development Plan shows the area as a manufacturing/warehousing area but we feel Zone I is appropriate for our use and will not afford or deny us any benefits already enjoyed by the neighboring properties.
The applicant will be requesting a variance from the public sidewalk requirements.
If we are successful in obtaining approvals of for zoning and permitting we would plan to start construction within 60 days of closing on the property.
912-2018-27 Page 1 of 5 ORDINANCE 912-2018-27
AN ORDINANCE AMENDING THE ZONING DISTRICT BOUNDARIES OF THE ZONING DISTRICT MAP OF THE CITY OF WEATHERFORD, TEXAS, CONCERNING CERTAIN PARCELS OR TRACTS OF LAND IDENTIFIED IN AS BEING 10.478 ACRES SITUATED IN AND BEING A PORTION OF ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND CONVEYED TO GASARAJ LTD., LP BY DEED RECORD IN VM. 1893, PAGE 331, AND BEING A PART OF THE SAMUEL BOND SURVEY, ABSTRACT 165, AND ALSO BEING THE SAME TRACT OF LAND CONVEYED TO LOVE’S COUNTY STORE, INC. IN VM. 1651, PAGE 919, AND LOCATED IN THE 2600 BLK OF E. BANKHEAD DRIVE WITHIN THE CORPORATE LIMITS OF THE CITY OF WEATHERFORD, TEXAS; HERETOFORE ZONED C2 COMMERCIAL/INTERSTATE SHALL HENCEFORTH BE ZONED I INDUSTRIAL, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE:
WHEREAS, the governing body of the City of Weatherford, Texas, after thorough study, has determined that the Zoning District Map of said City and the Zoning District Boundaries shown thereon should be changed and amended in certain particulars, and
WHEREAS, all reviews and public hearings and all notices incident thereto have been in full compliance with the provisions applicable thereto as contained in the zoning ordinance as set forth in the laws of the State of Texas, and
WHEREAS, the City Council now desires to record said authorized changes in the Zoning District Map by passage of this ordinance amending said map and directing the Department of Development and Neighborhood Services to make appropriate changes in the one (1) copy of the original Zoning District Map on file in the office of the City Secretary and all other copies of maps purporting to be copies of the current Zoning District Map of the City of Weatherford, Texas, as provided for in Title XII, Chapter 1, Section 12-1-2, of the City Code of Weatherford, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS:
SECTION 1: That the Zoning District Map of the City of Weatherford, Texas, is hereby amended by changing the zoning district boundaries as herein indicated on the hereinafter described tracts of parcels of land within the corporate limits of the City of Weatherford, Texas:
PREVIOUS ZONING DISTRICT DESIGNATION
AMENDED ZONING DISTRICT DESIGNATION
C2 Commercial/
Interstate
I IndustrialFor the area more particularly described in Exhibit ‘A’ Property Description.
Additional standards and site plan(s) for the zoning change are included in Exhibit ‘B’ Development Plan.
SECTION 2: The City Council, after thorough investigation and review finds that all prerequisites as to study, review, notice, public hearings, and all other legal requirements have been met and fully complied with concerning the changes set forth in Section 1 of this ordinance prior to the passage hereof, and that the changes indicated therein will be to the benefit of the particular neighborhood concerned and to the City as a whole.
SECTION 3: The Department of Development and Neighborhood Services is hereby instructed to change the one (1) copy of the Zoning District Map on file in the office of the City Secretary and all other copies of maps purporting to be copies of the current Zoning District Map of the City of Weatherford, Texas, to show the changes set forth herein.
SECTION 4: All ordinances and parts of ordinances in conflict with this ordinance shall and the same are hereby repealed to the extent of said conflict only.
SECTION 5: If any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such holding shall not affect the validity of the remaining portion of this ordinance, and the City Council hereby declares that it would have passed such remaining portions despite such invalidity or unconstitutionality.
The foregoing ordinance was introduced, read, approved, passed and adopted by a vote of ___ ayes and ___ nays by the City Council of the City of Weatherford, Texas, at its meeting on the _____________________.
CITY OF WEATHERFORD, TEXAS
Craig Swancy, Mayor ATTEST:
Malinda Nowell, City Secretary
APPROVED AS TO FORM:
912-2018-27 Page 3 of 5 Exhibit ‘A’ Property Description.
GASARAJ, LTD. Tract:
All that certain lot, tract, or parcel of land situated in the Maria Antonio Mesa Survey,
Abstract No. 856, Parker County, Texas, and being a part of that certain tract of land as
conveyed to GASARAJ, LTD., as recorded in Volume 1893, Page 331, Deed Records,
Parker County, Texas, and being more particularly describes as follows:
BEGINNING at a concrete monument at the Northeast corner of said tract two, same
being at the intersection of the West line of Banks Drive with the South line of Interstate
Highway Number 20;
THENCE South 00 degrees 19 minutes 31 seconds East, 250.00 feet to a ½ inch iron
rod set;
THENCE South 86 degrees 30 minutes 60 seconds West, 346.25 feet to a ½ inch iron
rod set;
THENCE North 12 degrees 57 minutes 26 seconds West, 241.98 feet to a ½ inch iron
rod set in the South line of Interstate Highway 20;
THENCE along said South line, North 84 degrees 56 minutes 48 seconds East 400 feet
to POINT OF BEGINNING and containing 2.093 acres of land more or less.
Maria Antonio Mesa Survey/Samuel Bond Survey:
Tract 1:
All that certain lot, tract or parcel of land lying and being situated in Parker County, Texas
and being a part of the Maria Antonio Mesa Survey, Abstract Number 856 and the Samuel
Bond Survey, Abstract 165, and also being the same tract of land conveyed to Love’s
Country Stores, Inc., by deed recorded in Volume 1651, Page 919, Deed Records, Parker
County, Texas and being more fully described as follows:
BEGINNING at a ½ inch iron rod set at the Northwest corner of Lot 19, I-20 Industrial
Park Addition according to the plat thereof recorded in Cabinet A, Slide 297, Plat Records,
Parker County, Texas, same being in the East line of Banks Drive;
THENCE along said East line, North 00 degrees 16 minutes 30 seconds West, 526.77
feet to a 3/8 inch iron rod found in the South line of Bankhead Highway;
THENCE along said South line, 69 degrees 34 minutes 22 seconds East, 74.71 feet to a
100d nail found;
THENCE South 00 degrees 16 minutes 39 seconds East 500.92 feet to the Point of
Beginning and containing 0.824 of an acre of land, more or less.
Tract 2
All that certain lot, tract or parcel of land lying and being situated in Parker County, Texas
and being a part of the Maria Antonio Mesa Survey, Abstract Number 856 and also being
the same tract of land conveyed to Love’s Country Stores, Inc., by deed recorded in
Volume 1651, Page 913, Deed Records, Parker County, Texas and being more fully
described as follows:
BEGINNING at a ½ inch iron rod set at the Northeast corner of Lot 1, I-20 Industrial Park
Addition according to the plat thereof recorded in Cabinet A, Slide 297, Plat Records,
Parker County, Texas, same being in the West line of Barnett Drive;
THENCE North 89 degrees 39 minutes 00 seconds West, 504.75 feet to a 100d nail
found;
THENCE North 01 degrees 09 minutes 36 seconds East, 357.12 feet to a 100d nail found
in the South line of Interstate Highway 20;
THENCE along said South line, North 66 degrees 44 minutes 37 seconds East, 276.35
feet to a concrete monument found;
THENCE continuing along said South line, North 84 degrees 56 minutes 48 seconds
East, 870.37 feet to a concrete monument found in the West line of Banks Drive;
THENCE along said West line, South 00 degrees 19 minutes 31 seconds East, 494.7
feet to a 100d nail found in the North line of Burton Street;
THENCE along said North line, North 89 degrees 39 minutes 11 seconds West, 611.68
feet to a 3/8 inch iron rod found in the West line of Barnett Street;
THENCE along said West line, South 00 degrees 04 minutes 01 seconds West, 55.00
feet to the Point of Beginning and containing 11.747 acres of land more or less.
912-2018-27 Page 5 of 5 Exhibit ‘B’ Development Plan.
MINUTES OF THE CITY COUNCIL WORK AND REGULAR SESSIONS HELD JUNE 26, 2018 IN THE CITY HALL COUNCIL CHAMBERS, 303 PALO PINTO STREET, WEATHERFORD, TEXAS.
CALL TO ORDER & ANNOUNCEMENT OF A QUORUM
Mayor Craig Swancy called the Work Session to order at 4:30 p.m. Present were: Mayor Craig Swancy, Heidi Wilder and Kevin Cleveland. City staff included: City Manager Sharon Hayes, Deputy City Manager James Hotopp, Assistant City Manager Brad Burnett, City Attorney Ed Zellers and Assistant City Secretary Krista Beach. Absent were: Council Members Jeff Robinson and Curtis Tucker.
Council Member Curtis Tucker joined the meeting at 4:33 p.m.
WORK SESSION ITEMS
Discuss policy and regulations within the City of Weatherford extra territorial jurisdiction (ETJ).
Development and Neighborhood Services Director Craig Farmer presented this item. Mr. Farmer explained that the City has subdivision authority. There is approximately two miles surrounding the City limits that comprise the ETJ. Before 2017 and the most recent legislation, ETJs were considered a City’s future growth area that could not be encroached upon. In most other states the County is responsible for this area; however, in the State of Texas the cities have been responsible for planning and laying out the road systems in those areas and were given ETJ authority over subdivisions. This includes reviewing plats for roads and utilities but building permits are not required. In the past, cities would annex areas for growth. Currently this is a rural county with a population of over 125,000, and with the election in November this could become a Tier 2 county, which would prohibit involuntary annexation.
The General Plan Development Phasing and Annexation Policies states:
x The City’s land use, public infrastructure and service level decisions should balance costs and revenues to support the City’s long‐term fiscal sustainability.
x The City should use the powers available in a City’s ETJ to ensure that future development in areas surrounding the current incorporated City does not negatively affect Weatherford’s future vitality or the fiscal burden on Weatherford’s residents and taxpayers.
x The City should plan for appropriate future development in its ETJ in accordance with the General Plan, including phased infrastructure expansion and annexation.
x The City should consider creation of a “2050 ETJ urban boundary” to guide and limit future expansion to areas that are logically part of the future community.
x The City should require/encourage voluntary annexation in exchange for provision or financing of any utility, roadway, drainage facility, public safety or other public service. The City should not provide such services outside the City unless legally required to and/or should use developer agreements to implement plans of the City.
Possible solutions are:
x Develop Urban Policy Boundary (UPB) – UPB would be a “policy” boundary or line for planning purposes
o Not a permanently fixed or legal line o Divides ETJ into either
urban areas planned to be in and served by City
rural areas not planned to be in or served by City within the Planning Horizon (2050+)
x Not only use legal requirements but be fiscally responsible as well x Inside UPB – Urban Standards - future City
CC06262018 Page 2 of 6
x Outside UPB – Rural Standards – County x Continue to maintain Weatherford ETJ rights
o other cities cannot incorporate in ETJ
o “urban” style development must be in City of Weatherford
Council Member Wilder cautioned regarding the need to minimize the issuance of rural waivers because the policy should be designed to reflect fiscal responsibility and not provide any extra financial burden in respect to long-term maintenance.
Mr. Farmer stated that other cities are discussing urban policy boundaries but that he was not aware of any City that has adopted one as of yet. Further discussion included enclaves, recent annexation laws, and that the City is generally the only water supplier. The real issue is what the City expects the boundary to be by the year 2050 and how the City will serve those residents. Such a boundary can help the City be strategic in its future services and growth. There is no formula that can gauge whether it makes sense to bring a subdivision into the City or not. Cost benefit would be the determining factor.
This is an introductory to open discussions on the topic and will be discussed with other boards and commissions as well to get thoughts, ideas and direction on the subject.
Discussion regarding whether to allow chickens inside the City limits.
Councilman Kevin Cleveland requested this item at a previous meeting. Some items that Mr. Cleveland suggested for discussion on the topic were: distance requirements, quantity allowed, enforcement of ordinance, housing and if free-range should be allowed, property size requirements, and if roosters are permissible. Discussion also included the preference of an ordinance over the possibility of required permitting due to the time and personnel permitting would require.
Direction was given to create a draft ordinance to bring back to council that includes: quantity cap (dependent on lot size), coop requirements with exemptions of larger tracts of land, banning of roosters and distance requirements (50 feet).
RECESS
Mayor Swancy called for a recess until 6:30 p.m.
INVOCATION
Associate Pastor Melissa Meyer of New River Fellowship led the invocation.
CALL TO ORDER & ANNOUNCEMENT OF A QUORUM
Mayor Craig Swancy called the Regular Session to order at 6:30 p.m. Present were: Mayor Craig Swancy, Heidi Wilder, Curtis Tucker and Kevin Cleveland. City staff included: City Manager Sharon Hayes, Deputy City Manager James Hotopp, Assistant City Manager Brad Burnett, City Attorney Ed Zellers and Assistant City Secretary Krista Beach. Absent: Council Member Jeff Robinson.
PLEDGES OF ALLEGIANCE TO THE UNITED STATES & TEXAS FLAGS
Mayor Swancy led the pledges.
ITEMS OF COMMUNITY INTEREST
City Manager Sharon Hayes reminded citizens of next week's 4th of July event, Spark in the Park. Mayor Swancy recognized Robert Moss who will be retiring this week after 44 years of service with the City of Weatherford.
CONSENT AGENDA ITEMS
On the motion of, Heidi Wilder, second by Kevin Cleveland, the Council voted unanimously to approve the following items on the Consent Agenda. Motion carried 4 – 0.
x Approved the minutes of the City Council Regular Session held June 12, 2018.
x Authorized the City Manager to enter into a professional services contract with Innovative Transportation Solutions, Inc. to provide consulting services pertaining to the funding initiatives from the North Central Texas Council of Governments, the Texas Department of Transportation and the Federal Highway Administration.
x Approved ordinance 911-2018-26 suspending the Texas Gas Service Company, a Division of ONE Gas, Inc. 2018 Rate Case Filing.
The ordinance is captioned as follows:
ORDINANCE 911-2018-26
AN ORDINANCE OF THE CITY OF WEATHERFORD, TEXAS SUSPENDING THE 2018 RATE CASE FILING OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC. FOR NATURAL GAS SERVICE WITHIN THE CITY OF WEATHERFORD, TEXAS ("City") AND DECLARING THIS ORDINANCE TO BE A 90 DAY SUSPENSION ADDED TO THE ORIGINAL 35 DAY REVIEW PERIOD OF THE 2018 RATE CASE FILING.
PUBLIC HEARINGS
Hold a PUBLIC HEARING and consider approval of Ordinance 913-2018-28 for a zoning district change to allow a C1 Commercial Zoning District to an R1 One-Family Residential Zoning District at a property located at 311 S Elm and described as being 0.149 acres being a portion of Lot of the Carson and Lewis Subdivision, City of Weatherford, Texas. ZCH2018-0010.
Craig Farmer, Director of Development and Neighborhood Services, presented this item. Mr. Farmer explained that this property is currently zoned commercial, however, this area is mentioned in the General Plan and will eventually conform to Suburban Living. The Planning & Zoning Commission voted unanimously (5 - 0) at the June 13, 2018 meeting to recommend approval of this item.
Mayor Swancy opened the public hearing at 6:36 p.m. As there were no speakers, Mayor Swancy closed the public hearing at 6:36 p.m.
On the motion of Kevin Cleveland, second by Heidi Wilder, the Council voted unanimously to approve the ordinance. Motion carried 4 – 0. The ordinance is captioned as follows:
ORDINANCE 913-2018-28
AN ORDINANCE AMENDING THE ZONING DISTRICT BOUNDARIES OF THE ZONING DISTRICT MAP OF THE CITY OF WEATHERFORD, TEXAS, CONCERNING CERTAIN PARCELS OR TRACTS OF LAND IDENTIFIED IN AS BEING 0.149 ACRES SITUATED IN AND BEING A PORTION OF LOT 5 AND A 6 FOOT BY 150 FOOT ALLEY OF THE CARSON AND LEWIS SUBDIVISON OF LOT 2, BLOCK 49, AND LOCATED AT 311 SOUTH ELM ST. WITHIN THE CORPORATE LIMITS OF THE CITY OF WEATHERFORD, TEXAS; HERETOFORE ZONED C1 COMMERCIAL SHALL HENCEFORTH BE ZONED R1 RESIDENTIAL ONE-FAMILY RESIDENTIAL, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE.
Hold a PUBLIC HEARING and consider approval of Ordinance 912-2018-27 for a zoning district change to allow a C2 Commercial/ Interstate Zoning District to an Industrial Zoning District at a property located in the 2600 block of E. Bankhead and described as being 10.478 acres situated in and being a portion of the Maria Antonio Mesa Survey, Abstract 856, and being a part of the Samuel Bond Survey, Abstract 165, City of Weatherford, Texas. ZCH2018-0011.
CC06262018 Page 4 of 6
Craig Farmer presented this item as well. Mr. Farmer explained that this is a request for rezoning, the applicant is requesting Industrial Zoning due to the fact that in a C2 District, a Conditional Use Permit would require a number of additional stipulations. The Planning & Zoning Commission voted unanimously (5 - 0) at the June 13, 2018 meeting to recommend approval of this item.
Mayor Swancy opened the public hearing at 6:42 p.m.
x Guy Walker, Blue Beacon Truck Wash, discussed the project and how the business has outgrown its current site and due to the lack of space it has impacted traffic on Santa Fe Drive. Mr. Walker stated that it is his understanding that a Traffic Impact Analysis will be part of the process for the new location.
x Teri Hubbard, 1317 South Lamar Street, spoke regarding her concerns with traffic access to and from the industrial park from Banks Drive onto Bankhead Drive.
As there were no other speakers, Mayor Swancy closed the public hearing at 6:51 p.m. On the motion of Heidi Wilder, second by Curtis Tucker, the Council voted unanimously to approve this item. Motion carried 4 - 0. The ordinance is captioned as follows:
ORDINANCE 912-2018-27
AN ORDINANCE AMENDING THE ZONING DISTRICT BOUNDARIES OF THE ZONING DISTRICT MAP OF THE CITY OF WEATHERFORD, TEXAS, CONCERNING CERTAIN PARCELS OR TRACTS OF LAND IDENTIFIED IN AS BEING 0.149 ACRES SITUATED IN AND BEING A PORTION OF LOT 5 AND A 6 FOOT BY 150 FOOT ALLEY OF THE CARSON AND LEWIS SUBDIVISON OF LOT 2, BLOCK 49, AND LOCATED AT 311 SOUTH ELM ST. WITHIN THE CORPORATE LIMITS OF THE CITY OF WEATHERFORD, TEXAS; HERETOFORE ZONED C1 COMMERCIAL SHALL HENCEFORTH BE ZONED R1 RESIDENTIAL ONE-FAMILY RESIDENTIAL, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE:
Hold a PUBLIC HEARING and consider a request for a zoning district change to allow a C2 Commercial Interstate Zoning District to an Industrial Zoning District at a property located at 1226 W. Park Ave. and described as being approximately 6.85 acres situated in and being a portion of the Clarence A. Lovejoy Survey, Abstract 837, City of Weatherford, Texas. ZCH2018-0012.
Craig Farmer presented this item. Mr. Farmer explained that the applicant requested this item be tabled at the June 13, 2018 Planning & Zoning Commission meeting.
Mayor Swancy opened the public hearing at 6:53 p.m. As there were no speakers, Mayor Swancy continued the public hearing.
On the motion of Heidi Wilder, second by Kevin Cleveland, the Council voted unanimously to table this item and continue the public hearing until the July 10, 2018 meeting. Motion carried 4 - 0.
REGULAR AGENDA ITEMS
Consider a preliminary plat for The Oaks Apartments Addition, being a portion of approximately 27.046 acre tract located in the 1800 block of Fort Worth Highway, situated in and being a portion of the Elizabeth Crockett Survey, Abstract 214, City of Weatherford, Texas. SBD2017-0052.
Craig Farmer presented this item.
The Planning & Zoning Commission voted unanimously (5-0) at its meeting June 13, 2018 to approve the item with the conditions:
1. A list of proposed street names be provided in a memorandum for City staff to review. Once approved, such street names shall be depicted on plat.
2. Remove the lateral east/west easements.
3. Remove the drainage easements south of Lone Oak Road.
4. Provide for a 20-foot drainage easement where a drainage pipe exceeds 36 inches.
5. Separate the easement for the detention pond from the storm pipe, and label such as “detention pond easement”.
On the motion of Kevin Cleveland, second by Heidi Wilder, the Council voted to approve this item with the conditions listed. Motion carried 4 - 0.
Consider a preliminary plat for the Heritage Ridge Subdivision being approximately 10.398 acres located in the 5000 block of White Settlement Road, situated in and being a portion of the H.T. & B. RR Co. Survey, Abstract 644, Parker County, Texas. SBD2018-0010.
Craig Farmer presented this item. Mr. Farmer stated that this request is to consider a preliminary plat for the Heritage Ridge Estates subdivision. The request was initiated by Brian Evans, owner. The project creates a 10.398-acre, eight lot single-family residential subdivision in the City’s ETJ. The General Plan designates this area as Agricultural.
The applicant is requesting various waivers for requirements of the City’s subdivision ordinance. The requested waivers are:
1. Private Sanitary Sewer-Staff supports this waiver due to the distance from existing City facilities. Proposed facilities will consist of private septic systems maintained by each individual homeowner. 2. Private Community Water-Staff supports this waiver due to the distance from existing City facilities. Proposed facilities will consist of a public system maintained and operated by the developer or an HOA. 3. Two Points of Access-Staff supports this waiver, as the development is below the threshold needed to warrant an additional access point for emergency vehicle access.
On the motion of Heidi Wilder, second by Curtis Tucker, the Council voted unanimously to approve this item with the outlined waivers. Motion carried 4 - 0.
Consider a preliminary plat for the Cedar Mountain Estates Subdivision being approximately 91.714 acres located in the 5800 block of Tucker Drive, and being a portion of the M.E. Tucker Survey, Abstract 2510, and the T. & P. RR. Co. Survey, Abstract 1436, Parker County, Texas. SBD2018-0012.
Craig Farmer presented this item. Mr. Farmer explained that this request is to consider a preliminary plat for the Cedar Mountain Estates subdivision. The request was initiated by Lee Thurman, developer. The project creates a 91.714-acre, 41 lot single-family residential subdivision in the City’s ETJ. The proposed preliminary plat substantially conforms with the previously approved master plat. The General Plan designates this area as Agricultural.
The applicant is requesting waivers for improvements to perimeter streets related to Tucker Drive. Parker County has recently made some improvements to Tucker Drive and staff supports this waiver.
On the motion of Curtis Tucker, second by Kevin Cleveland, the Council voted unanimously to approve this item with the waivers for improvements to perimeter streets related to Tucker Drive. Motion carried 4 - 0.
Consider a final plat for the Cedar Mountain Estates Subdivision being approximately 91.714 acres located in the 5800 block of Tucker Drive, and being a portion of the M.E. Tucker Survey, Abstract 2510, and the T. & P. RR. Co. Survey, Abstract 1436, Parker County, Texas. SBD2018-0020.
CC06262018 Page 6 of 6
Craig Farmer presented this item. The request is to consider the final plat from the previous item. The first request was a preliminary and this is the final plat.
On the motion of Curtis Tucker, second by Kevin Cleveland, the Council voted unanimously to approve this item. Motion carried 4 - 0.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
x Lynn Main, 211 W Oak Street, requested the City install stop signs at all four corners of Cherry Park, as well as spoke in opposition of allowing chickens within the City limits.
x Anita McNutt, 409 W Bridge Street, spoke in favor of adopting an ordinance regarding chickens. x Kathlynn Lyon, 305 Live Oak Lane, spoke in favor of allowing chickens within the City limits.
FUTURE AGENDA ITEMS
None
ADJOURNMENT
On the motion of Heidi Wilder, second by Kevin Cleveland, the Council voted unanimously to adjourn the meeting at 7:29 p.m. Motion carried 4 - 0.
_____________________________
ATTEST: Craig Swancy, Chair
_______________________________
Weatherford
AGENDA REPORT
Meeting Date: September 11, 2018 Staff Contact: James Hotopp, Deputy City Manager
Item Number: 2018-768-AR Phone: 817-598-4016
SUBJECT: Discuss and consider Change Order #1 for bid #2018-014 - Old City Hall Renovation.
BACKGROUND/DISCUSSION
A project was advertised February 3, 2018 and February 10, 2018 for Old City Hall Renovation. The building was completed in 1933 and housed all city operations including the fire department. This project will remodel the old fire apparatus bays into a building inspection office, add a public restroom and provide an ADA accessible entrance into the building. The new building inspection office will also house code enforcement, fire marshal and health inspections. City Council awarded the bid to Joe R. Jones on April 10, 2018 in the amount of $313,000.
During the course of construction several unforeseen items were encountered and need to be addressed. Those items included replacement of deteriorated concrete below the storefront windows, replacement of storefront windows, additional concrete floor repair, replacement of wood around the windows and additional structure supports for the new bathrooms. The total cost for addressing these items is $35,138.
FINANCIAL IMPACT
The change order amount will be taken from the Capital Project Fund. SUGGESTED ACTION
Staff requests City Council approval of a Change Order #1 in the amount of $35,138 to the previously awarded bid #2018-014 to Joe R. Jones Construction and raising the total contract amount to $348,138.
Weatherford
AGENDA REPORT
Meeting Date: September 11, 2018 Staff Contact: Kyle Lester, Finance Director
Item Number: 2018-762-AR Phone: 817-598-4130
SUBJECT: Hold a PUBLIC HEARING on the proposed ad valorem tax rate of $0.50 per $100 valuation,including $0.3445 per $100 value for operations and $0.1555 for interest and sinking (debt service.)
BACKGROUND/DISCUSSION
On August 14, 2018, the City Council voted to propose a tax rate for FY18 of $0.50 per $100 valuation, including $0.3445 per $100 value for operations and $0.1555 for interest and sinking (debt service.) It should be noted that the City
Manager's proposed budget is based on a tax rate of $0.4899, which is the same nominal tax rate as in the current fiscal year. However, the City has allowed for the possibility of a higher rate, should that be deemed necessary.
This is the second of two public hearings. the first was held on August 28, 2018.
FINANCIAL IMPACT
There is no financial impact for this item. SUGGESTED ACTION
No action is required at this time; this is the second and final public hearing on the FY19 tax rate. ATTACHMENTS
NOTICE OF 2018 TAX YEAR PROPOSED
PROPER-TY TAX RATE FOR THE CIPROPER-TY OF WEATHERFORD, TX
A tax rate of $0.50 per $100 valuation has been proposed for
adoption by the governing body of the City of Weatherford, TX. This
rate exceeds the lower of the effective or rollback tax rate, and
state law requires that two public hearings be held by the
govern-ing body before adoptgovern-ing the proposed tax rate.
PROPOSED TAX RATE
$0.5000 per $100
PRECEDING YEAR’S TAX RATE $0.4899 per $100
EFFECTIVE TAX RATE
$0.4790 per $100
ROLLBACK TAX RATE
$0.5285 per $100
The effective tax rate is the total tax rate needed to raise the
same amount of property tax revenue for the City of Weatherford
from the same properties in both the 2017 tax year and the
2018 tax year.
The rollback tax rate is the highest tax rate that the City of
Weatherford may adopt before voters are entitled to petition for
an election to limit the rate that may be approved to the rollback
rate.
YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE
CALCULATED AS FOLLOWS:
Property Tax Amount =
(rate) x (taxable value of your property) / 100
For assistance or detailed information about tax calculations,
please contact:
Chief Appraiser Larry Hammonds
Parker County Tax Assessor-Collector
1108 Santa Fe Dr.
Weatherford, TX, 76086-5818
817-596-0077
PARKERCAD@PARKERCAD.ORG
You are urged to attend and express your views at the following
public hearings on the proposed tax rate:
Weatherford
AGENDA REPORT
Meeting Date: September 11, 2018 Staff Contact: Kyle Lester, Finance Director
Item Number: 2018-763-AR Phone: 817-598-4130
SUBJECT: Hold a PUBLIC HEARING on the City Manager's Proposed FY19 Budget.
BACKGROUND/DISCUSSION
On August 14, 2018, the city Manager submitted the FY19 Proposed Budget, which included revenue projections and expenditures plans for the fiscal year beginning October 1, 2018, and ending September 30, 2019. A copy of the proposed budget can be found on the City's website, or on file in the City Secretary's Office and at the Public Library.
This budget has been built on a tax rate of 48.99 cents per $100 of assessed value, which is the same tax rate as in the current fiscal year.
This is the first and only public hearing on the budget. Citizens are welcome to attend and provide feedback on the proposed budget, which is scheduled to be adopted on September 25, 2018.
FINANCIAL IMPACT
There is no financial impact for this item. SUGGESTED ACTION
There is no action required at this time. ATTACHMENTS
PUBLIC NOTICE
The Weatherford City Council will hold a pub-lic hearing on Tuesday, September 11, 2018, at 6:30 p.m., in City Hall, 303 Palo Pinto Street, at which time any person may partici-pate in the hearing concerning the proposed 2018-19 annual budget. A copy of the budget is available for inspection during the hours of 8 a.m. to 5 p.m., Monday through Friday in the office of the City Secretary,
Weatherford
AGENDA REPORT
Meeting Date: September 11, 2018 Staff Contact: Brad Burnett, Assistant City Manager
Item Number: 2018-740-AR Phone: 817-598-4220
SUBJECT:
Discussion and consideration of all matters incident and related to the issuance and sale of “City of Weatherford, Texas, General Obligation Refunding Bonds, Series 2018”, including the adoption of ordinance 920-2018-35 authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded.
BACKGROUND/DISCUSSION
Series 2018 will refinance Series 2006 CO and 2008 Tax & Utility Revenue COs. The refinance will save the City approximately $45,000 annually with an overall savings in excess of $300,000. The refunding will not increase the number of years for the payout. The Series 2018 will be callable at any point and will not effect the City's flexibility for future debt restructuring.
FINANCIAL IMPACT
This City will save approximately $45,000 annually over the life of the issue. SUGGESTED ACTION
Staff recommends approval. ATTACHMENTS
ORDINANCE NO. ____-2018-_____
AN ORDINANCE authorizing the issuance of “CITY OF WEATHERFORD, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2018,” specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement, an Escrow Agreement and a Purchase Letter, and providing an effective date.
WHEREAS, the City Council (the “Council”) of the City of Weatherford, Texas (the “City”), has heretofore issued, sold and delivered, and there are currently outstanding obligations of the following issues, to wit (collectively, the “Refunded Obligations”):
(a) “City of Weatherford, Texas, Tax and Utility System (Limited Pledge) Revenue Certificates of Obligation, Series 2006”, dated August 15, 2006, scheduled to mature on March 1 in each of the years 2019 through 2023 and 2026 and aggregating in the principal amount of $2,440,000 (the “Series 2006 Refunded Certificates”);
(b) “City of Weatherford, Texas, Tax and Utility System (Limited Pledge) Revenue Certificates of Obligation, Series 2008”, dated September 1, 2008, scheduled to mature on September 1 in each of the years 2019 through 2028, inclusive, and aggregating in the principal amount of $1,810,000 (the “Series 2008 Refunded Certificates”); and
WHEREAS, pursuant to the provisions of Texas Government Code, Chapter 1207, as amended, the Council is authorized to issue refunding bonds and deposit the proceeds of the sale thereof directly with the place of payment for the Refunded Obligations, and such deposit, when made in accordance with said statute, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and
WHEREAS, the Council hereby finds and determines that the Refunded Obligations should be refunded at this time in order to achieve a savings of $________ in debt service payments on such indebtedness, and the refunding will further provide a net present value savings to the City of $________; and
WHEREAS, the Council hereby finds and determines that the Refunded Obligations are scheduled to mature, or are subject to being redeemed, not more than twenty (20) years from the date of the refunding bonds herein authorized; now therefor
BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS: SECTION 1. Authorization - Designation - Principal Amount - Purpose. General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $4,315,000 to be designated and bear the title “CITY OF WEATHERFORD, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2018” (the “Bonds”), for the purpose of providing funds (1) for the discharge and final payment of certain outstanding obligations of the City (identified in the preamble hereof and referred to as the “Refunded
73394472.1/1001032842 2
Obligations”) and (2) to pay for professional services rendered in relation thereto, all in accordance with the authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Chapter 1207 of the Texas Government Code, as amended.
SECTION 2. Fully Registered Obligations - Bond Date - Authorized Denominations - Stated Maturity - Interest Rate. The Bonds shall be issued as fully registered obligations only, shall be dated October 1, 2018 (the “Bond Date”), shall be in denominations of $100,000 or any integral multiple of $1,000 in excess thereof and shall become due and payable on March 1, 2028 (the “Stated Maturity”).
The Bonds shall bear interest on the unpaid principal amounts from the date of delivery to the initial purchasers at the rate of _____% per annum (calculated on the basis of a 360-day year consisting of twelve 30-day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year until maturity or prior redemption, commencing March 1, 2019.
SECTION 3. Terms of Payment - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity or otherwise, shall be payable only to the registered owners or holders of the Bonds (the “Holders”) appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders.
The selection and appointment of _____________________, _____, Texas, to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration, payment, exchange, and transfer of the Bonds (the “Register”) shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a “Paying/Agent Registrar Agreement,” substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor or Mayor Pro Tem and City Secretary are authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged; and, any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice of the change to be sent to each Holder by United States mail, first class postage prepaid; and, such notice shall also give the address of the new Paying Agent/Registrar.
Principal of and premium, if any, on the Bonds, shall be payable at the Stated Maturity only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated offices, initially in ______, ________, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the “Designated Payment/Transfer Office”). The Paying Agent/Registrar shall pay interest on the Bonds only to the Holder whose name appears in the Register at the close of business on the fifteenth day of the month next preceding each interest payment date (the “Record Date”) and shall pay either by: (1) check sent by United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Register or (2) by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder at the Holder’s risk and expense. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city
