I. ROLL CALL AND CALL TO ORDER BY MAYOR II. INVOCATION by Pastor J.D. Wright, North Cleburne Church of Christ III. PLEDGE OF ALLEGIANCE
IV. COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – STARS Award Recipient, Larry Gorman, Police Department Retirement Recognition – Michael Duckworth, Fire Department, 47 years Police Department Recognitions: Life Saving Award – Eric Alexander Life Saving Award – Brian Davenport Police Commendation Bar – Eric Alexander Police Commendation Bar – Aaron Beseda Police Commendation Bar – James Hailey Proclamation – Drug Take Back Day, September 26, 2015 V. CITIZENS COMMENTS An opportunity for the public to make comments or address concerns not posted on the agenda. The City Council may take no action during this portion of the agenda. The Council may only ask clarifying questions or direct staff to take appropriate action. Each person will be allowed five minutes to comment on any particular subject. No more than two persons will be allowed to comment on any particular subject, one in favor and one against. All persons desiring to make comments under this section must sign a card prior to the council meeting identifying themselves and the topic they desire to address.
CITY SECRETARY READS THE GUIDELINES TO SPEAK BEFORE COUNCIL CONSENT ITEMS All of the following items on the Consent Agenda are considered to be routine and self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests. For a citizen to request removal of an item, a speaker card must be filled out and submitted to the City Secretary prior to the beginning of the meeting. M1. APPROVAL OF MINUTES FOR THE SEPTEMBER 8, 2015 REGULAR COUNCIL MEETING. RS1. A RESOLUTION AUTHORIZING AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR ANNUAL ROUTINE AIRPORT MAINTENANCE PROGRAM (RAMP) GRANT FUNDS. Person presenting this item: Sharlette Wright, Airport Manager BRIEF: This grant is a 50/50 match from the Texas Department of Transportation that we receive annually to help with the grounds, building and weather station maintenance. The grant amount is $50,000.00. An example of the items covered are: • Runway/taxiway light bulbs and fixtures • Maintenance agreement for the weather station (AWOS) • Hangar/building maintenance • Self-service fuel island repairs All airside maintenance needs come first. The runway/taxiway lighting, pavements, drainage and weather station are considered airside. The items that directly relate to the travel of aircraft come first before other items are addressed. RS2. A RESOLUTION AUTHORIZING LEASE AGREEMENT WITH COJO PARTNERS, LTD FOR CLEBURNE AIRPORT HANGAR 2100, AS REQUESTED BY JOE AND CONNIE MITCHELL. Person presenting this item: Sharlette Wright, Airport Manager BRIEF: Joe and Connie Mitchell would like to have the lease for Hangar 2100 assigned to their company CoJo Partners, Ltd. The decision to use their company name was made after the lease had already been approved by Council. Council approved the lease on August 25th, 2015 by resolution RS08-2015-69. RS3. A RESOLUTION ACCEPTING A GRANT AWARD FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A 2015-2016 STEP TRAFFIC SAFETY PROJECT. Person presenting this item: Amy Knoll, Interim Chief of Police BRIEF: Council approved the application to TXDOT for a traffic safety grant through Resolution No. RS12-2014-66 on December 9, 2014. The project is directed toward the prevention of traffic crashes and improved driver safety, and provides for targeted enforcement in areas and intersections that are demonstrated high risk for accidents. Cleburne Police Department's application was selected for a 2015-16 award in the amount of $31,825.97, of which $20,675.60 is reimbursable by TxDOT September 22, 2015, Regular Council Meeting Page 3 of 9 and $11,150.37 is City Match. Required match will be provided through a cash match, in-kind services, and use of city vehicles and equipment. This project is included in the 2015-16 Budget under Fund 39. RS4. A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES FOR TEXAS LOCAL GOVERNMENT INVESTMENT POOL (TEXPOOL). Person presenting this item: Terry Leake, Director of Finance BRIEF: The purpose of this item is to add Terry Leake, Director of Finance as an authorized representative to invest funds for the City of Cleburne with TexPool. The City utilizes TexPool for investment of funds and TexPool requires formal action by City Council to make changes to authorized representatives. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF AUGUST 2015. Person presenting this item: Terry Leake, Director of Finance OC2. CONFIRM APPOINTMENT TO THE CLEBURNE POLICE RESERVE FORCE – JOSHUA D. HILL. Person presenting this item: Amy Knoll, Interim Chief of Police BRIEF: Acting Chief Knoll and Commander Hubler request council to confirm the appointment of Joshua D. Hill to the Cleburne Reserve Force thereby permitting him to carry a weapon and act as a peace officer at all times, in accordance with Texas Local Government Code 341.012 and Cleburne City Ordinance 33.03. OC3. CONFIRM APPOINTMENT TO THE CLEBURNE POLICE RESERVE FORCE – AMY D. WOOD. Person presenting this item: Amy Knoll, Interim Chief of Police BRIEF: Acting Chief Knoll and Commander Hubler request council to confirm the appointment of Amy D. Wood to the Cleburne Reserve Force thereby permitting her to carry a weapon and act as a peace officer at all times, in accordance with Texas Local Government Code 341.012 and Cleburne City Ordinance 33.03.
A RESOLUTION AUTHORIZING ENGINEERING SERVICES CONTRACT WITH CHILDRESS ENGINEERS FOR THE CLEBURNE STATION OFFSITE UTILITY IMPROVEMENT PROJECT FOR AN AMOUNT NOT TO EXCEED $219,700. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: This agreement will provide engineering & design services in the amount of $69,000 for the construction of water and wastewater lines from Pipeline Road to the eastern edge of the Cleburne Station development. Special engineering services in the amount of $150,700 include surveying, easement acquisition, geotechnical and resident project representative. Total fees are not to exceed $219,700.
RS6. A RESOLUTION ACCEPTING AND AUTHORIZING CONTRACT WITH TEXAS DEPARTMENT OF AGRICULTURE FOR A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT, TEXAS CAPITAL FUND: INFRASTRUCTURE PROJECT SUPPORTING PAREX USA, INC LOCATED AT SPARKS DR AND HWY 171 FOR A TOTAL PROJECT COST NOT TO EXCEED $625,000. Person presenting this item: Robert Severance, Deputy City Manager BRIEF: Funds from this Texas Capital Fund grant will be used to construct public infrastructure (a new public street, water main and storm water drain system) necessary for a new 95,000+ s.f. manufacturing facility to be located south of 1873 Sparks Drive, southward along the west boundary of the new Southwest Linen Service's lot in the Cleburne Industrial Park. Parex, USA will be committing to Texas Dept of Agriculture and the city to invest a minimum of $8,000,000 in new capital investment for manufacturing equipment and create a minimum of 25 new jobs within three years. A build-to-suit company will be constructing the new manufacturing building, investing an additional $5,000,000. A preliminary economic impact analysis has been prepared based on these estimates for this project. The analysis shows the project will have a positive impact and will be beneficial to the local citizens. The city and other local taxing entities will also receive positive gains in tax revenues from the project. There is no city match required for this grant. RS7. A RESOLUTION AUTHORIZING CONTRACT WITH MUNICIPALDEVELOPMENT SERVICES FOR GRANT MANAGEMENT SERVICES RELATED TO THE TEXAS CAPITAL FUND: INFRASTRUCTURE PROJECT SUPPORTING PAREX USA, INC LOCATED AT SPARKS DR AND HWY 171 FOR AN AMOUNT NOT TO EXCEED $50,000. Person presenting this item: Robert Severance, Deputy City Manager BRIEF: Public notices were properly posted in the Cleburne Times newspaper and at City Hall as required. Letters were sent to several companies in Texas that provide grant management services with a request for proposal (RFP) with specified due date. Three proposals were received, qualifications were reviewed and evaluated by a committee of three people designated by the City’s purchasing department. Based on these ratings and evaluations, it is recommended that the contract be negotiated and executed with Municipal Development Services for the grant management services as specified in the proposed agreement. RS8. A RESOLUTION AUTHORIZING CONTRACT WITH CHILDRESS ENGINEERS FOR SERVICES RELATED TO THE TEXAS CAPITAL FUND: INFRASTRUCTURE PROJECT SUPPORTING PAREX USA, INC LOCATED AT SPARKS DR AND HWY 171 FOR AN AMOUNT NOT TO EXCEED $61,845. Person presenting this item: Robert Severance, Deputy City Manager BRIEF: Advertising for engineering services was properly published in the newspaper plus letters were sent to several companies requesting proposals for engineering services (RFPs)with a specified due date. Seven proposals were received, qualifications were verified and proposals were evaluatedand scored by three persons designated by the City Finance/Purchasing Department. Based on these ratings and evaluations, it is recommended that the contract be awarded to Childress Engineers, for an amount not to exceed $61,845.00 for engineering, surveying and project oversight management services as specified in the proposed agreement.
A RESOLUTION AUTHORIZING RENEWAL OF INTERLOCAL AGREEMENT WITH JOHNSON COUNTY FOR THE PROVISION OF JAIL SERVICES. Person presenting this item: Amy Knoll, Interim Chief of Police BRIEF: Since 2001, the City of Cleburne has had an agreement in place with Johnson County for the incarceration of our Class C Misdemeanors. Incarceration of all other prisoners is provided for under other agreements and state statutes. This proposed new Interlocal Agreement is a renewal with no changes.
A RESOLUTION APPROVING CHANGE ORDER #1 BY AMENDING CONTRACT WITH FAIN GROUP FOR THE HYDE PARK DRAINAGE PROJECT, PHASE I BYADDING $12,726.15 FOR UNANTICIPATED UTILITY RELOCATION AND WING WALL EXPENDITURES. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: This change order (Change Order number one) in the amount of $12,726.15 will provide funding to complete Phase I of the Hyde Park Drainage Project. The original contract amount was $209,250.00, which was approved by City Council on October 28, 2014. In the course of construction a conflict with utilities, poor subgrade, and a poorly constructed wing wall caused additional costs to be incurred. Contingency funds were not requested at the time the original contract was approved by City Council. The change order equates to approximately 6% of the original contract.
A RESOLUTION ESTABLISHING TYPE A ECONOMIC DEVELOPMENT CORPORATION, APPROVING THE CERTIFICATE OF FORMATION; APPOINTING THE INITIAL DIRECTORS AND INCORPORATORS. Person presenting this item: Dan O’Leary, Interim City Manager BRIEF: The Texas Secretary of State requires the city to create a Type A (formerly known as 4A) Corporation in advance of the election that will be held in November. This corporation will be the recipient of the ½ cent sales tax if the voters approve at the November 3rd election. In order to form a corporation in Texas, a Board of Directors needs to be appointed to create the corporation. This resolution creates both the corporation and the original board members. My recommendation is that the City Council appoint themselves as the original board members to get the corporation created. The Council can change the board members at any time. The Board members will create a set of bylaws at a later date for the new corporation. If the citizens decide not to create the ½ cent sales tax revenue for the corporation, the City Council can dissolve the corporation.
AN ORDINANCE AMENDING THE 2014-2015 BUDGET (#12), BY REALLOCATING $479,768 FROM GENERAL FUND (01) VARIOUS DEPARTMENT ACCOUNTS TO FUND OPERATIONAL OVERAGES. Person presenting this item: Terry Leake, Director of Finance BRIEF: Per Section 8.2 of the City of Cleburne Charter, Transfer of Appropriations “The City Manager may at any time with the approval of the Council transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office,department or agency. At the request of the City Manager, the Council may transfer any unencumbered appropriation balance or portion thereof from one office, department, or agency to another.” As a fiscal year end adjustment, the City Manager is proposing to transfer projected unspent expenditure balances to cover expenditures greater than the adopted line item budget for various departments. Transfers within the various General Fund budget line items (see attached Budget Adjustment form) are proposed to cover various expenditure overruns that occurred due to operational situations. There are various departments that had position vacancies during the fiscal year, which yielded sufficient savings in funds to cover the expenditure overruns, therefore the net budget adjustment is $0. The reasons for operational overruns by department during the current fiscal year are as follows: • Animal Control – Greater amount of animals for which various services were given that was anticipated. • Building maintenance – Unanticipated repairs at various City buildings. • Non-Departmental – Payment of unused vacation and sick time for retirements and resignations of long term staff members. • Splash Station – Greater amount of visitors than projected, and the addition revenue received is projected to be $54,000 over budget, which exceeds the $38,680 budget adjustment. • Transfer to Capital Equipment Fund – Funding for a replacement roller to be used for street maintenance projects, funded directly from Street Department salary savings and will be purchased in FY 2015-2016 and has been included in the FY 2015-2016 Capital Equipment Fund.
*PUBLIC HEARING* AN ORDINANCE ADOPTING AND APPROVING THE 2015-2016 ANNUAL BUDGET FOR THE CITY OF CLEBURNE EFFECTIVE OCTOBER 1, 2015. Person presenting this item: Terry Leake, Director of Finance BRIEF: In accordance with Section 6.2 of the City of Cleburne Charter, Preparation and Submission of Budget, the City Manager submitted to the City Council the proposed Fiscal Year 2015-2016 budget at the City Council Budget work session held on August 8, 2015. Since the time of submission to City Council, a few revisions have been made to the proposed General Fund budget and the changes are as follows: addition of a part time animal control kennel technician due to increased service demand, conversion of an existing fire lieutenant to battalion chief to provide enhanced medical control services to the Fire Department, with the majority of these expenditures being funded from retirements of long term staff members and anticipated hiring of replacement staff members at a lower cost. Other additions to the General Fund budget are the addition of a part time crime scene intern funded by a Criminal Justice Division grant, animal neutering services, which are paid from the fee for that service charged when adopted, and police overtime funded by a STEP Wave Grant. The revenue increase to the General Fund for these items is $53,516, and all these expenditures are totally offset by revenues. The total increase to the proposed General Fund budget from what was presented at the August 8th work session is $7,906 in expenditures. Changes in other funds from the August 8th work session are the roll-forward in the Drainage Utility Fund of the funding for the Hyde Park Phase II Drainage project ($594,714), which is included in the current year budget, as the project will begin in FY 2015-2016. The transfer of $500,000 from the Gas Royalty Fund to the Capital Projects Fund for street rehabilitation projects. The inclusion of $40,000 in the Capital Equipment Fund for the purchase of a replacement roller for street maintenance projects, tobe funded from a Fiscal Year 2014-2015 budgeted transfer from salary vacancy savings from the General Fund to the Capital Equipment Fund. Inclusion of an updated cost of driver route software ($26,367) in the Transportation Fund to be funded from sales of unused vehicles As a point of reference, this item is presented as public hearing to be in compliance with Section 6.4 (Public Hearing on Budget) of the City of Cleburne Charter states “At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the Council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard for or against the estimates of any budget item thereof.” To be in compliance with this Charter requirement, at the August 11, 2015 City Council meeting, the City Council stated its intent to schedule and hold the public hearing to adopt the budget on September 22, 2015, at 5:00pm, a regularly scheduled meeting of the City Council. Additionally, to be in compliance with State law, a record vote must be taken on this proposed ordinance. The proposed ordinance includes the appropriation amounts for the following budgets: General Fund, Water/Wastewater Fund, General Debt Service Fund, 4B Sales Tax Fund, Airport Fund, and Drainage Utility Fund.
*PUBLIC HEARING* AN ORDINANCE ADOPTING THE 2015 AD VALOREM TAX RATE FOR THE CITY OF CLEBURNE AT $0.804018 PER $100 PROPERTY ASSESSMENT. Person presenting this item: Terry Leake, Director of Finance BRIEF: Chapter 26, Texas Property Tax Code, requires taxing units to comply with “Truth-in– Taxation” laws in setting tax rates. The calculated FY 2015-2016 effective tax rate is $0.774420. The proposed rate for FY 2015-2016 is $0.804018 per $100 of valuation. This rate is unchanged from FY 2014-2015, and, if adopted, would be the third straight year with this proposed tax rate. As this current and proposed tax rate of $0.804018 is higher than the effective tax rate of $0.774420, legislation requires that the City Council hold two public hearings to provide the public the opportunity to speak on the proposed tax rate. The two meetings were held on Tuesday, August 25, 2015 at 5:00pm and Tuesday September 8, 2015 at 5:00pm, during the regularly scheduled council meeting, and there were no public speakers at either meeting. As required by law, the City published the attached “Notice of 2015 Tax Year Proposed Property Tax Rate for the City of Cleburne” on August 14, 2015 in the Cleburne Times-Review. As a point of reference, the effective tax rate sets the interest and sinking rate (Debt Service rate) at $0.147800. The remainder of the tax rate of $0.656218 will be allocated to operations and maintenance (General Fund rate). The ordinance adopting the FY 2015-2016 tax rate reflects these rates, as required by the effective tax rate calculation.
AN ORDINANCE ESTABLISHING CLASSIFICATION AND NUMBER OF POSITIONS FOR CITY OF CLEBURNE FIREFIGHTERS AND POLICE OFFICERS, PURSUANT TO CHAPTER 143, TEXAS LOCAL GOVERNMENT CODE. Person presenting this item: Debra Powledge, Director of Human Resources BRIEF: Chapter 143.021 of the Local Government Code mandates that the Cleburne City Council establish classification of fire fighters and police officers and prescribe the number of positions within each classification of fire fighter and police officer. This is the strength of force ordinance recommended by the Fire Chief and Police Chief and corresponds to the budget proposed by the City Manager.
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015. Person presenting this item: Terry Leake, Director of Finance BRIEF: At the work session held on August 8, 2015, Jim Sabonis with First Southwest, the City’s Financial Advisor, gave the attached presentation regarding a potential debt issuance for water and wastewater system improvements and street improvements. Based upon the information, the City has the ability to issue $9,755,000 in Certificates of Obligation ($7,040,000 – water and wastewater and $2,540,000 – street improvements). According to the attached projected pricing exhibit, the projected interest rate is 3.457% on the debt, however market conditions could improve or deteriorate in the interim from the projection. The bonds will be priced and sold as a negotiated transaction on September 22, 2015 with RBC Capital Markets as the underwriter and the final results will be presented to City Council for acceptance at that meeting. Prior to issuing Certificates of Obligation, Chapter 551 of the Texas Government Code requires that a City Council adopt a resolution stating its intent to issue Certificates of Obligation. At the August 11, 2015 meeting, City Council approved Resolution RS08-2015-62 (attached) stating that there is a planned issuance of Certificates of Obligation in an amount not to exceed $10,000,000 at the September 22, 2015 Council meeting for the following purposes: (a) constructing, installing and acquiring additions, extensions and improvements to the City’s waterworks and sewer system; (b) designing, developing, constructing, improving and expanding streets and thoroughfares, sidewalks, bridges, and other public ways of the City including street lighting, right-of-way protection, and related storm drainage improvements; and (c) acquiring rights-of-way in connection with (a) and (b) together and paying professional services of attorneys, financial advisors and other professionals in connection with the aforementioned purposes and the issuance of the Certificates of Obligation. The required notice was be published in the Cleburne Times-Review on Sunday, August 18, 2015 and August 25, 2015.
*PUBLIC HEARING* AN ORDINANCE CONTINUING TITLE XIII, CHAPTER 130: GENERAL OFFENSES, SECTION 130.18 “CURFEW HOURS FOR MINORS” FOR A THREE YEAR PERIOD. Person presenting this item: Amy Knoll, Interim Chief of Police BRIEF: State law requires that the Juvenile Curfew ordinance be reviewed and renewed every three years in order to keep it in force and this is the first of two public hearings for this review. Juvenile curfew ordinances are used by communities to limit nuisance crimes committed by juveniles at night, discourage truancy, and increase the safety our children. This ordinance has been successful during the years.
*PUBLIC HEARING* HOLD PUBLIC HEARING REGARDING ELECTION TO AUTHORIZE THE USE OF THE ½ OF 1% SALES AND USE TAX TO BE LEVIED FOR THE BENEFIT OF THE CLEBURNE TYPE A ECONOMIC DEVELOPMENT CORPORATION TO BE USED FOR A PROFESSIONAL LEAGUE BASEBALL STADIUM AND RELATED INFRASTRUCTURE, AS DEFINED IN TEXAS LOCAL GOVERNMENT CODE, SECTION 334.001, INCLUDING MAINTENANCE AND OPERATING COSTS OF SUCH PROJECT. Person presenting this item: Dan O’Leary, Interim City Manager BRIEF: In accordance with Section 504.153 of the Texas Local Government Code, this public hearing is for the purpose of informing the municipality’s residents of the cost and impact of the project. At least 30 days prior to said public hearing, a notice was published in the Cleburne Times Review on a weekly basis on the following dates: August 18th, August 25th, September 1st, September 8th and September 15th.
RATIFICATION OF THE PROPERTY TAX REVENUE INCREASE INCLUDED IN FISCAL YEAR 2015 -2016 BUDGET AS REQUIRED BY CHAPTER 102.007 OF THE LOCAL GOVERNMENT CODE. Person presenting this item: Terry Leake, Director of Finance BRIEF: Chapter 102.007 Subsection (c) of the Local Government Code requires that after the adoption of a budget that will raise more property tax revenue than the last year’s budget, a separate agenda item and vote is required for a City Council to ratify that revenue increase. This agenda item provides for that ratification of the proposed FY 2015-2016 General Fund budget, as the tax rate of $0.804018 remains the same from the prior fiscal year, but property valuation increased by 4.76%, which produces a property tax revenue increase $372,239. The majority of the increase ($298,863) is allocated to the debt service fund for the repayment of existing debt and the proposed issuance of the 2015 Certificates of Obligation for street rehabilitation.
I. ROLL CALL AND CALL TO ORDER BY MAYOR II. INVOCATION by Pastor J.D. Wright, North Cleburne Church of Christ III. PLEDGE OF ALLEGIANCE
IV. COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – STARS Award Recipient, Larry Gorman, Police Department Retirement Recognition – Michael Duckworth, Fire Department, 47 years Police Department Recognitions: Life Saving Award – Eric Alexander Life Saving Award – Brian Davenport Police Commendation Bar – Eric Alexander Police Commendation Bar – Aaron Beseda Police Commendation Bar – James Hailey Proclamation – Drug Take Back Day, September 26, 2015 V. CITIZENS COMMENTS An opportunity for the public to make comments or address concerns not posted on the agenda. The City Council may take no action during this portion of the agenda. The Council may only ask clarifying questions or direct staff to take appropriate action. Each person will be allowed five minutes to comment on any particular subject. No more than two persons will be allowed to comment on any particular subject, one in favor and one against. All persons desiring to make comments under this section must sign a card prior to the council meeting identifying themselves and the topic they desire to address.
CITY SECRETARY READS THE GUIDELINES TO SPEAK BEFORE COUNCIL CONSENT ITEMS All of the following items on the Consent Agenda are considered to be routine and self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests. For a citizen to request removal of an item, a speaker card must be filled out and submitted to the City Secretary prior to the beginning of the meeting. M1. APPROVAL OF MINUTES FOR THE SEPTEMBER 8, 2015 REGULAR COUNCIL MEETING. RS1. A RESOLUTION AUTHORIZING AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR ANNUAL ROUTINE AIRPORT MAINTENANCE PROGRAM (RAMP) GRANT FUNDS. Person presenting this item: Sharlette Wright, Airport Manager BRIEF: This grant is a 50/50 match from the Texas Department of Transportation that we receive annually to help with the grounds, building and weather station maintenance. The grant amount is $50,000.00. An example of the items covered are: • Runway/taxiway light bulbs and fixtures • Maintenance agreement for the weather station (AWOS) • Hangar/building maintenance • Self-service fuel island repairs All airside maintenance needs come first. The runway/taxiway lighting, pavements, drainage and weather station are considered airside. The items that directly relate to the travel of aircraft come first before other items are addressed. RS2. A RESOLUTION AUTHORIZING LEASE AGREEMENT WITH COJO PARTNERS, LTD FOR CLEBURNE AIRPORT HANGAR 2100, AS REQUESTED BY JOE AND CONNIE MITCHELL. Person presenting this item: Sharlette Wright, Airport Manager BRIEF: Joe and Connie Mitchell would like to have the lease for Hangar 2100 assigned to their company CoJo Partners, Ltd. The decision to use their company name was made after the lease had already been approved by Council. Council approved the lease on August 25th, 2015 by resolution RS08-2015-69. RS3. A RESOLUTION ACCEPTING A GRANT AWARD FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A 2015-2016 STEP TRAFFIC SAFETY PROJECT. Person presenting this item: Amy Knoll, Interim Chief of Police BRIEF: Council approved the application to TXDOT for a traffic safety grant through Resolution No. RS12-2014-66 on December 9, 2014. The project is directed toward the prevention of traffic crashes and improved driver safety, and provides for targeted enforcement in areas and intersections that are demonstrated high risk for accidents. Cleburne Police Department's application was selected for a 2015-16 award in the amount of $31,825.97, of which $20,675.60 is reimbursable by TxDOT September 22, 2015, Regular Council Meeting Page 3 of 9 and $11,150.37 is City Match. Required match will be provided through a cash match, in-kind services, and use of city vehicles and equipment. This project is included in the 2015-16 Budget under Fund 39. RS4. A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES FOR TEXAS LOCAL GOVERNMENT INVESTMENT POOL (TEXPOOL). Person presenting this item: Terry Leake, Director of Finance BRIEF: The purpose of this item is to add Terry Leake, Director of Finance as an authorized representative to invest funds for the City of Cleburne with TexPool. The City utilizes TexPool for investment of funds and TexPool requires formal action by City Council to make changes to authorized representatives. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF AUGUST 2015. Person presenting this item: Terry Leake, Director of Finance OC2. CONFIRM APPOINTMENT TO THE CLEBURNE POLICE RESERVE FORCE – JOSHUA D. HILL. Person presenting this item: Amy Knoll, Interim Chief of Police BRIEF: Acting Chief Knoll and Commander Hubler request council to confirm the appointment of Joshua D. Hill to the Cleburne Reserve Force thereby permitting him to carry a weapon and act as a peace officer at all times, in accordance with Texas Local Government Code 341.012 and Cleburne City Ordinance 33.03. OC3. CONFIRM APPOINTMENT TO THE CLEBURNE POLICE RESERVE FORCE – AMY D. WOOD. Person presenting this item: Amy Knoll, Interim Chief of Police BRIEF: Acting Chief Knoll and Commander Hubler request council to confirm the appointment of Amy D. Wood to the Cleburne Reserve Force thereby permitting her to carry a weapon and act as a peace officer at all times, in accordance with Texas Local Government Code 341.012 and Cleburne City Ordinance 33.03.
A RESOLUTION AUTHORIZING ENGINEERING SERVICES CONTRACT WITH CHILDRESS ENGINEERS FOR THE CLEBURNE STATION OFFSITE UTILITY IMPROVEMENT PROJECT FOR AN AMOUNT NOT TO EXCEED $219,700. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: This agreement will provide engineering & design services in the amount of $69,000 for the construction of water and wastewater lines from Pipeline Road to the eastern edge of the Cleburne Station development. Special engineering services in the amount of $150,700 include surveying, easement acquisition, geotechnical and resident project representative. Total fees are not to exceed $219,700.
RS6. A RESOLUTION ACCEPTING AND AUTHORIZING CONTRACT WITH TEXAS DEPARTMENT OF AGRICULTURE FOR A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT, TEXAS CAPITAL FUND: INFRASTRUCTURE PROJECT SUPPORTING PAREX USA, INC LOCATED AT SPARKS DR AND HWY 171 FOR A TOTAL PROJECT COST NOT TO EXCEED $625,000. Person presenting this item: Robert Severance, Deputy City Manager BRIEF: Funds from this Texas Capital Fund grant will be used to construct public infrastructure (a new public street, water main and storm water drain system) necessary for a new 95,000+ s.f. manufacturing facility to be located south of 1873 Sparks Drive, southward along the west boundary of the new Southwest Linen Service's lot in the Cleburne Industrial Park. Parex, USA will be committing to Texas Dept of Agriculture and the city to invest a minimum of $8,000,000 in new capital investment for manufacturing equipment and create a minimum of 25 new jobs within three years. A build-to-suit company will be constructing the new manufacturing building, investing an additional $5,000,000. A preliminary economic impact analysis has been prepared based on these estimates for this project. The analysis shows the project will have a positive impact and will be beneficial to the local citizens. The city and other local taxing entities will also receive positive gains in tax revenues from the project. There is no city match required for this grant. RS7. A RESOLUTION AUTHORIZING CONTRACT WITH MUNICIPALDEVELOPMENT SERVICES FOR GRANT MANAGEMENT SERVICES RELATED TO THE TEXAS CAPITAL FUND: INFRASTRUCTURE PROJECT SUPPORTING PAREX USA, INC LOCATED AT SPARKS DR AND HWY 171 FOR AN AMOUNT NOT TO EXCEED $50,000. Person presenting this item: Robert Severance, Deputy City Manager BRIEF: Public notices were properly posted in the Cleburne Times newspaper and at City Hall as required. Letters were sent to several companies in Texas that provide grant management services with a request for proposal (RFP) with specified due date. Three proposals were received, qualifications were reviewed and evaluated by a committee of three people designated by the City’s purchasing department. Based on these ratings and evaluations, it is recommended that the contract be negotiated and executed with Municipal Development Services for the grant management services as specified in the proposed agreement. RS8. A RESOLUTION AUTHORIZING CONTRACT WITH CHILDRESS ENGINEERS FOR SERVICES RELATED TO THE TEXAS CAPITAL FUND: INFRASTRUCTURE PROJECT SUPPORTING PAREX USA, INC LOCATED AT SPARKS DR AND HWY 171 FOR AN AMOUNT NOT TO EXCEED $61,845. Person presenting this item: Robert Severance, Deputy City Manager BRIEF: Advertising for engineering services was properly published in the newspaper plus letters were sent to several companies requesting proposals for engineering services (RFPs)with a specified due date. Seven proposals were received, qualifications were verified and proposals were evaluatedand scored by three persons designated by the City Finance/Purchasing Department. Based on these ratings and evaluations, it is recommended that the contract be awarded to Childress Engineers, for an amount not to exceed $61,845.00 for engineering, surveying and project oversight management services as specified in the proposed agreement.
A RESOLUTION AUTHORIZING RENEWAL OF INTERLOCAL AGREEMENT WITH JOHNSON COUNTY FOR THE PROVISION OF JAIL SERVICES. Person presenting this item: Amy Knoll, Interim Chief of Police BRIEF: Since 2001, the City of Cleburne has had an agreement in place with Johnson County for the incarceration of our Class C Misdemeanors. Incarceration of all other prisoners is provided for under other agreements and state statutes. This proposed new Interlocal Agreement is a renewal with no changes.
A RESOLUTION APPROVING CHANGE ORDER #1 BY AMENDING CONTRACT WITH FAIN GROUP FOR THE HYDE PARK DRAINAGE PROJECT, PHASE I BYADDING $12,726.15 FOR UNANTICIPATED UTILITY RELOCATION AND WING WALL EXPENDITURES. Person presenting this item: Courtney Coates, Director of Public Works BRIEF: This change order (Change Order number one) in the amount of $12,726.15 will provide funding to complete Phase I of the Hyde Park Drainage Project. The original contract amount was $209,250.00, which was approved by City Council on October 28, 2014. In the course of construction a conflict with utilities, poor subgrade, and a poorly constructed wing wall caused additional costs to be incurred. Contingency funds were not requested at the time the original contract was approved by City Council. The change order equates to approximately 6% of the original contract.
A RESOLUTION ESTABLISHING TYPE A ECONOMIC DEVELOPMENT CORPORATION, APPROVING THE CERTIFICATE OF FORMATION; APPOINTING THE INITIAL DIRECTORS AND INCORPORATORS. Person presenting this item: Dan O’Leary, Interim City Manager BRIEF: The Texas Secretary of State requires the city to create a Type A (formerly known as 4A) Corporation in advance of the election that will be held in November. This corporation will be the recipient of the ½ cent sales tax if the voters approve at the November 3rd election. In order to form a corporation in Texas, a Board of Directors needs to be appointed to create the corporation. This resolution creates both the corporation and the original board members. My recommendation is that the City Council appoint themselves as the original board members to get the corporation created. The Council can change the board members at any time. The Board members will create a set of bylaws at a later date for the new corporation. If the citizens decide not to create the ½ cent sales tax revenue for the corporation, the City Council can dissolve the corporation.
AN ORDINANCE AMENDING THE 2014-2015 BUDGET (#12), BY REALLOCATING $479,768 FROM GENERAL FUND (01) VARIOUS DEPARTMENT ACCOUNTS TO FUND OPERATIONAL OVERAGES. Person presenting this item: Terry Leake, Director of Finance BRIEF: Per Section 8.2 of the City of Cleburne Charter, Transfer of Appropriations “The City Manager may at any time with the approval of the Council transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office,department or agency. At the request of the City Manager, the Council may transfer any unencumbered appropriation balance or portion thereof from one office, department, or agency to another.” As a fiscal year end adjustment, the City Manager is proposing to transfer projected unspent expenditure balances to cover expenditures greater than the adopted line item budget for various departments. Transfers within the various General Fund budget line items (see attached Budget Adjustment form) are proposed to cover various expenditure overruns that occurred due to operational situations. There are various departments that had position vacancies during the fiscal year, which yielded sufficient savings in funds to cover the expenditure overruns, therefore the net budget adjustment is $0. The reasons for operational overruns by department during the current fiscal year are as follows: • Animal Control – Greater amount of animals for which various services were given that was anticipated. • Building maintenance – Unanticipated repairs at various City buildings. • Non-Departmental – Payment of unused vacation and sick time for retirements and resignations of long term staff members. • Splash Station – Greater amount of visitors than projected, and the addition revenue received is projected to be $54,000 over budget, which exceeds the $38,680 budget adjustment. • Transfer to Capital Equipment Fund – Funding for a replacement roller to be used for street maintenance projects, funded directly from Street Department salary savings and will be purchased in FY 2015-2016 and has been included in the FY 2015-2016 Capital Equipment Fund.
*PUBLIC HEARING* AN ORDINANCE ADOPTING AND APPROVING THE 2015-2016 ANNUAL BUDGET FOR THE CITY OF CLEBURNE EFFECTIVE OCTOBER 1, 2015. Person presenting this item: Terry Leake, Director of Finance BRIEF: In accordance with Section 6.2 of the City of Cleburne Charter, Preparation and Submission of Budget, the City Manager submitted to the City Council the proposed Fiscal Year 2015-2016 budget at the City Council Budget work session held on August 8, 2015. Since the time of submission to City Council, a few revisions have been made to the proposed General Fund budget and the changes are as follows: addition of a part time animal control kennel technician due to increased service demand, conversion of an existing fire lieutenant to battalion chief to provide enhanced medical control services to the Fire Department, with the majority of these expenditures being funded from retirements of long term staff members and anticipated hiring of replacement staff members at a lower cost. Other additions to the General Fund budget are the addition of a part time crime scene intern funded by a Criminal Justice Division grant, animal neutering services, which are paid from the fee for that service charged when adopted, and police overtime funded by a STEP Wave Grant. The revenue increase to the General Fund for these items is $53,516, and all these expenditures are totally offset by revenues. The total increase to the proposed General Fund budget from what was presented at the August 8th work session is $7,906 in expenditures. Changes in other funds from the August 8th work session are the roll-forward in the Drainage Utility Fund of the funding for the Hyde Park Phase II Drainage project ($594,714), which is included in the current year budget, as the project will begin in FY 2015-2016. The transfer of $500,000 from the Gas Royalty Fund to the Capital Projects Fund for street rehabilitation projects. The inclusion of $40,000 in the Capital Equipment Fund for the purchase of a replacement roller for street maintenance projects, tobe funded from a Fiscal Year 2014-2015 budgeted transfer from salary vacancy savings from the General Fund to the Capital Equipment Fund. Inclusion of an updated cost of driver route software ($26,367) in the Transportation Fund to be funded from sales of unused vehicles As a point of reference, this item is presented as public hearing to be in compliance with Section 6.4 (Public Hearing on Budget) of the City of Cleburne Charter states “At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the Council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard for or against the estimates of any budget item thereof.” To be in compliance with this Charter requirement, at the August 11, 2015 City Council meeting, the City Council stated its intent to schedule and hold the public hearing to adopt the budget on September 22, 2015, at 5:00pm, a regularly scheduled meeting of the City Council. Additionally, to be in compliance with State law, a record vote must be taken on this proposed ordinance. The proposed ordinance includes the appropriation amounts for the following budgets: General Fund, Water/Wastewater Fund, General Debt Service Fund, 4B Sales Tax Fund, Airport Fund, and Drainage Utility Fund.
*PUBLIC HEARING* AN ORDINANCE ADOPTING THE 2015 AD VALOREM TAX RATE FOR THE CITY OF CLEBURNE AT $0.804018 PER $100 PROPERTY ASSESSMENT. Person presenting this item: Terry Leake, Director of Finance BRIEF: Chapter 26, Texas Property Tax Code, requires taxing units to comply with “Truth-in– Taxation” laws in setting tax rates. The calculated FY 2015-2016 effective tax rate is $0.774420. The proposed rate for FY 2015-2016 is $0.804018 per $100 of valuation. This rate is unchanged from FY 2014-2015, and, if adopted, would be the third straight year with this proposed tax rate. As this current and proposed tax rate of $0.804018 is higher than the effective tax rate of $0.774420, legislation requires that the City Council hold two public hearings to provide the public the opportunity to speak on the proposed tax rate. The two meetings were held on Tuesday, August 25, 2015 at 5:00pm and Tuesday September 8, 2015 at 5:00pm, during the regularly scheduled council meeting, and there were no public speakers at either meeting. As required by law, the City published the attached “Notice of 2015 Tax Year Proposed Property Tax Rate for the City of Cleburne” on August 14, 2015 in the Cleburne Times-Review. As a point of reference, the effective tax rate sets the interest and sinking rate (Debt Service rate) at $0.147800. The remainder of the tax rate of $0.656218 will be allocated to operations and maintenance (General Fund rate). The ordinance adopting the FY 2015-2016 tax rate reflects these rates, as required by the effective tax rate calculation.
AN ORDINANCE ESTABLISHING CLASSIFICATION AND NUMBER OF POSITIONS FOR CITY OF CLEBURNE FIREFIGHTERS AND POLICE OFFICERS, PURSUANT TO CHAPTER 143, TEXAS LOCAL GOVERNMENT CODE. Person presenting this item: Debra Powledge, Director of Human Resources BRIEF: Chapter 143.021 of the Local Government Code mandates that the Cleburne City Council establish classification of fire fighters and police officers and prescribe the number of positions within each classification of fire fighter and police officer. This is the strength of force ordinance recommended by the Fire Chief and Police Chief and corresponds to the budget proposed by the City Manager.
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015. Person presenting this item: Terry Leake, Director of Finance BRIEF: At the work session held on August 8, 2015, Jim Sabonis with First Southwest, the City’s Financial Advisor, gave the attached presentation regarding a potential debt issuance for water and wastewater system improvements and street improvements. Based upon the information, the City has the ability to issue $9,755,000 in Certificates of Obligation ($7,040,000 – water and wastewater and $2,540,000 – street improvements). According to the attached projected pricing exhibit, the projected interest rate is 3.457% on the debt, however market conditions could improve or deteriorate in the interim from the projection. The bonds will be priced and sold as a negotiated transaction on September 22, 2015 with RBC Capital Markets as the underwriter and the final results will be presented to City Council for acceptance at that meeting. Prior to issuing Certificates of Obligation, Chapter 551 of the Texas Government Code requires that a City Council adopt a resolution stating its intent to issue Certificates of Obligation. At the August 11, 2015 meeting, City Council approved Resolution RS08-2015-62 (attached) stating that there is a planned issuance of Certificates of Obligation in an amount not to exceed $10,000,000 at the September 22, 2015 Council meeting for the following purposes: (a) constructing, installing and acquiring additions, extensions and improvements to the City’s waterworks and sewer system; (b) designing, developing, constructing, improving and expanding streets and thoroughfares, sidewalks, bridges, and other public ways of the City including street lighting, right-of-way protection, and related storm drainage improvements; and (c) acquiring rights-of-way in connection with (a) and (b) together and paying professional services of attorneys, financial advisors and other professionals in connection with the aforementioned purposes and the issuance of the Certificates of Obligation. The required notice was be published in the Cleburne Times-Review on Sunday, August 18, 2015 and August 25, 2015.
*PUBLIC HEARING* AN ORDINANCE CONTINUING TITLE XIII, CHAPTER 130: GENERAL OFFENSES, SECTION 130.18 “CURFEW HOURS FOR MINORS” FOR A THREE YEAR PERIOD. Person presenting this item: Amy Knoll, Interim Chief of Police BRIEF: State law requires that the Juvenile Curfew ordinance be reviewed and renewed every three years in order to keep it in force and this is the first of two public hearings for this review. Juvenile curfew ordinances are used by communities to limit nuisance crimes committed by juveniles at night, discourage truancy, and increase the safety our children. This ordinance has been successful during the years.
*PUBLIC HEARING* HOLD PUBLIC HEARING REGARDING ELECTION TO AUTHORIZE THE USE OF THE ½ OF 1% SALES AND USE TAX TO BE LEVIED FOR THE BENEFIT OF THE CLEBURNE TYPE A ECONOMIC DEVELOPMENT CORPORATION TO BE USED FOR A PROFESSIONAL LEAGUE BASEBALL STADIUM AND RELATED INFRASTRUCTURE, AS DEFINED IN TEXAS LOCAL GOVERNMENT CODE, SECTION 334.001, INCLUDING MAINTENANCE AND OPERATING COSTS OF SUCH PROJECT. Person presenting this item: Dan O’Leary, Interim City Manager BRIEF: In accordance with Section 504.153 of the Texas Local Government Code, this public hearing is for the purpose of informing the municipality’s residents of the cost and impact of the project. At least 30 days prior to said public hearing, a notice was published in the Cleburne Times Review on a weekly basis on the following dates: August 18th, August 25th, September 1st, September 8th and September 15th.
RATIFICATION OF THE PROPERTY TAX REVENUE INCREASE INCLUDED IN FISCAL YEAR 2015 -2016 BUDGET AS REQUIRED BY CHAPTER 102.007 OF THE LOCAL GOVERNMENT CODE. Person presenting this item: Terry Leake, Director of Finance BRIEF: Chapter 102.007 Subsection (c) of the Local Government Code requires that after the adoption of a budget that will raise more property tax revenue than the last year’s budget, a separate agenda item and vote is required for a City Council to ratify that revenue increase. This agenda item provides for that ratification of the proposed FY 2015-2016 General Fund budget, as the tax rate of $0.804018 remains the same from the prior fiscal year, but property valuation increased by 4.76%, which produces a property tax revenue increase $372,239. The majority of the increase ($298,863) is allocated to the debt service fund for the repayment of existing debt and the proposed issuance of the 2015 Certificates of Obligation for street rehabilitation.