Weatherford City Council NOTICE OF MEETING
Work/Executive Session Agenda Weatherford City Council 4:00 p.m. Tuesday, July 13, 2010 Weatherford City Hall – City Council Chambers 303 Palo Pinto Street Dennis Hooks Mayor Waymon Hamilton Mayor Pro-Tem/Place 3 Jerry Clinton Place 1 Craig Swancy Place 4
Jerry Blaisdell City Manager Sharon Hayes Assistant City Manager Robert Hanna Assistant City Manager Ed Zellers City Attorney Laura Simonds 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: 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: www.weatherfordtx.gov . All meetings of the Weatherford City Council are open to the public and public participation and written comments are invited on all open session business items.
The Mayor and Weatherford City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation.
The 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 a minimum of 24 hours in advance at 817-598-4202. CALL TO ORDER
WORK SESSION
1.WS-071310-01 Presentation of Community Organizations (Janina Jewell) Pgs. 5-47
2.WS-071310-02 Discuss and consider the current fee schedule for The Planning and Development Department. (Jerry Blaisdell) Pgs. 48-56
3. Discuss and consider the use of a small triangular piece of right-of-way between Eureka and Foster as a possible site for a monument honoring local veterans. (Craig Swancy). EXECUTIVE SESSION (Immediately following the Work Session)
Pursuant to Chapter 551, Texas Government Code, VTCS, (Open Meetings Law) in accordance with the authority contained in:
Section 551.074 – to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; City Manager.
Section 551.072 – to deliberate the purchase, exchange, lease, or value of real property--Block 4, Couts Addition, located in the 300 Block of West Lee St., in the City of Weatherford.
ADJOURNMENT
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Weatherford City Council NOTICE OF MEETING
Regular Session Agenda Weatherford City Council 6:30 p.m. - Tuesday, July 13, 2010 Weatherford City Hall – City Council Chambers 303 Palo Pinto Street Dennis Hooks Mayor Waymon Hamilton Mayor Pro-Tem/Place 3 Jerry Clinton Place 1 Craig Swancy Place 4
Jerry Blaisdell City Manager Sharon Hayes Assistant City Manager Robert Hanna Assistant City Manager Ed Zellers City Attorney Laura Simonds 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: 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: www.weatherfordtx.gov All meetings of the Weatherford City Council are open to the public and public participation and written comments are invited on all open session business items.
The Mayor and Weatherford City Council request that all cell phones be turned off for the duration of the meeting.
The 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 a minimum of 24 hours in advance at 817-598-4202.
UNLESS OTHERWISE INDICATED, ACTION MAY BE TAKEN ON ANY OF THE FOLLOWING AGENDA ITEMS:
CALL TO ORDER
PRESENTATIONS Presentation to the Weatherford Citizen Police Academy Alumni Association (Danielle Felts)
Action on Executive Session Items
To take action, if necessary, regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee- City Manager.
To take action, if necessary, regarding the purchase, exchange, lease, or value of real property- Block 4, Couts Addition, located in the 300 Block of West Lee St., in the City of Weatherford.
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Weatherford City Council NOTICE OF MEETING
CONSENT ITEMS 1. MINUTES Consider approval of the minutes from the June 22, 2010 Work Session and Pgs. 57-60 Regular City Council Meeting.
2.RS-071310-01 Consider final reading of Ordinance 492-2010-29, approving a Conditional Pgs. 61-66 Use Permit for Automotive Sales for property located at 2303 FORT WORTH HIGHWAY City of Weatherford, Parker County, Texas. Executive Summary The first reading of this Ordinance was unanimously passed on June 22, 2010.
3.RS-071310-02 Consider granting an underground facilities easement to Southwestern Bell Pgs. 67-75 Telephone Co. Executive Summary Southwestern Bell Telephone Company is requesting an underground facilities easement. The easement lies in the property located off of Franklin Street.
REGULAR ITEMS
4. RS-071310-03 Discuss and consider Ordinance 494-2010-31 on first reading to approve the Pgs. 76-79 2009-10 amended annual budget. (Janina Jewell) Executive Summary Fiscal year 2009 ended with $26,767 in the Animal Shelter Fund and $18,149 has been collected this fiscal year in donations. City Council is being asked to appropriate $40,000 of these existing funds for authorized expenses at the animal shelter this fiscal year.
5. RS-071310-04 Consider and/or act upon the continuation of a partnership between the City of Pg. 80 Weatherford Fire Department and Family Powersports for the use of loaned equipment to provide fire and public safety services at Lake Weatherford. (George Teague) Executive Summary The Weatherford Fire Department (WFD) has the opportunity to continue a partnership through Family Powersports, a local business establishment, for the use of two new and unused Yamaha personal water craft and one new Rhino ATV.
6. RS-071310-05 Discuss and consider approval of Change Order to the contract with Ed Bell Pg. 81 Construction Company to modify the U-turn bridge at FM Highway 2552 to provide additional adequate clearance to the main lanes of Interstate Highway 20. (Terry Hughes) Executive Summary The arrangement will come in the form of a change order to the existing contract between the City and Ed Bell and an agreement between the City and Dannenbaum Engineering Corp. in which Dannebaum will escrow the amount of the change order with the City to pay the cost of the change order.
7. RS-071310-06 Receive a report, hold a discussion and provide staff direction on pursuing Pg. 82 grant funding for fire, police and utility vehicle replacements for FY 2011. (Robert Hanna)
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Weatherford City Council NOTICE OF MEETING
Executive Summary There are several vehicles that need to be replaced from a safety standpoint and staff is trying to cover some or all of the costs with grant dollars. As it stands now, we appear eligible for approximately 40% to 50% of funding for a fire engine and several utility trucks.
8. RS-071310-07 Receive a report, hold a discussion and consider Ordinance 493-2010-30, Pgs. 83-98 extending Empowerment Zone incentives to a Habitat for Humanity building project located at 1508 N Elm Street in the North Side Empowerment Zone. (Robert Hanna) Executive Summary Habitat for Humanity submitted a building permit application and paid the associated fees for this project shortly after Council adopted the Ordinance creating the North Side Empowerment Zone. Staff is requesting Council adopt the attached Ordinance authorizing staff to refund Habitat for those expenses.
CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address the Council regarding an item that is not listed on the agenda. Residents must provide their name and address. The Council requests that comments be limited to three (3) minutes. 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.
ADJOURNMENT
CERTIFICATION I certify that this Notice of Meeting was posted on ______, 2010 at ______a.m./p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Weatherford website: www.weatherfordtx.gov Laura Simonds, City Secretary______Date Removed______
Pg. 4 Weatherford City Council AGENDA REPORT
Meeting Date: July 13, 2010 Staff Contact: Janina Jewell Agenda Item: WS-071310-01 E-mail: [email protected] Phone: (817) 598-4220
SUBJECT: Presentation of Community Organizations
BACKGROUND/DISCUSSION As the City prepares for the Fiscal Year 2010-2011 Budget, it is important to seek justification of previous year expenses and obtain future requests. Several organizations that provide various services to the community that have received City funding during Fiscal Year 2009-2010 and/or are requesting funds from the City have been invited to present the detailed work, accomplishments, and goals that their organization has accomplished with funding assistance from the City and/or what they would do with funds received from the City. Presentations will include those from:
Hotel Occupancy Fund Revenues:
Doss Heritage and Culture Center John Scovil, Executive Director Approved FY2010 $30,000 Request FY2011 $30,000 Special Request FY2011 - "Gracey" $20,000
Parker County Fine Arts Association Walter L Jones, Treasurer Approved FY2010 $32,000 Request FY2011 $32,000
Texas Opry Theater Marilyn and Jerry Carter Request FY2011 $144,000
Weatherford Chamber of Commerce Tammy Gazzola, President Approved FY2010 $121,400 Request FY2011 $121,400
FINANCIAL IMPACT Each organization should be prepared to present their needs for Fiscal Year 2010-2011.
WS-071310-01 Page 1 of 2
Pg. 5 RECOMMENDATION No action is requested for the July 13, 2010 meeting.
ATTACHMENTS: Slides of Introduction of Support and Community Organizations
Doss Heritage and Culture Center - Post Funding Analysis Application / Request for Funds Special Event Request Parker County Fine Arts Association - Post Funding Analysis Application / Request for Funds Texas Opry Theater - Application / Request for Funds Weatherford Chamber of Commerce - Post Funding Analysis Application / Request for Funds
WS-071310-01 PagePg. 2 6 of 2 (' I I Y 0 I" WI :" 'I'III':I FOI?'I) POST FUNDING ANALYSIS OF CITY OF WEATHERFORD HOTEL OCCUPANCY TAX (HOT) REVENUE
Date: May 19th.
Organizational Information
Name of Organization: Doss Heritage and Culture Center
Address: 1400 Texas Drive, P.O. Box 215, Weatherford, Texas, 76086
Contact Name: John E. Scovil Phone: 817-599-6168
The Organization's analysis of funds is for (Please check one):
X Annual for the Year of 2009- 2010
__ For a Special Event/Activity/Facility Named
Held on: . This was the time this event was held.
$ 30,000 was allocated to the Doss Heritage and Culture Center
Results
Detail how the HOT funds were used:
The HOT funds were used for marketing and promoting tourism throughout Weatherford, Parker County, North Central Texas, and Texas statewide, using printed materials such as brochures and flyers placed in hotels, motels, trade shows, visitor information centers, while also fully utilizing newspapers, magazine publications, radio, television, websites, newsletters, and direct mail.
How did the Organization directly enhance and promote tourism and the convention and hotel industry in the City of Weatherford through the use of HOT funds (Part 1 Test)(Piease attach actual documents showing how Weatherford was recognized in your advertising/promotional campaign)?
The Doss Heritage and Culture Center has promoted and enhanced tourism through such community events as Peach Festival, Rodeo(s), conferences/conventions, workshops, and spring/summer camps held at the
Pg. 7 Pg. 8 Pg. 9 Pg. 10 (" ! ! Y 0 I" WI,:A'I'III,:I, F()I{I) APPLICATION / REQUEST OF CITY OF WEATHERFORD HOTEL OCCUPANCY TAX (HOT) REVENUE
Date: May 19, 2010
Organizational Information
Name of Organization: Doss Heritage and Culture Center
Address: 1400 Texas Drive, P.O. Box 215, Weatherford, Texas, 76086
Contact Name: John E. Scovil Phone: 817-599-6168
Web Site Address for Event / Activity / Facility / Organization: www.dosscenter.org
Is the Organization (Please check one): Non-Profit: X Private / For Profit: __
Tax ID #: 1203011216-8 Organization's Creation Date: 1992
Purpose / Mission of Organization: The mission of the James & Dorothy Doss Heritage & Culture center is to collect, preserve, and interpret the history of Parker County through cultural and educational events that raise community awareness and pride in our western heritage.
Is the Organization's request for funds (Please check one):
X Annual for the Year of 2010-2011
For a Special Event/Activity/Facility Named
To be held on: . This will be the time this event is being held.
Has the Organization used HOT funds for this in the past? If yes, please explain results:
Pg. 11 Pg. 12 Pg. 13 Pg. 14 (' I I' Y 0 F A'I'III' ,V I' IIF()RI) APPLICATION I REQUEST OF CITY OF WEATHERFORD HOTEL OCCUPANCY TAX (HOT) REVENUE
Date: May 28th. 2010
Organizational Information
Name of Organization: Doss Heritage and Culture Center
Address: 1400 Texas Drive, P.O. Box 215, Weatherford, Texas, 76086
Contact Name: C. B. Williams Phone: 817-599-6168
Web Site Address for Event / Activity / Facility / Organization: www.dosscenter.org
Is the Organization (Please check one): Non-Profit: X Private / For Profit:
Tax ID #: 1203011216-8 Organization's Creation Date: 1992
Purpose / Mission of Organization:
The mission of the James & Dorothy Doss Heritage and Culture Center is to collect, preserve, and interpret the history of Parker County through cultural and educational events that raise community awareness and pride in our western heritage.
Is the Organization's request for funds (Please check one):
Annual for the Year of
X For a Special Event/Activity/Facility Named "Gracey" an 18 month old Albino Baby Bison Exhibit, dated 4000 BC
To be held on: . This will be the FIRST time this event is being held. Grand opening of this new exhibit
Has the Organization used HOT funds for this in the past? . If yes, please explain results:
Pg. 15 Pg. 16 Pg. 17 Pg. 18 Pg. 19 Pg. 20 I I J In the Beginning Dig J
Visitors enter a room that houses an archaeological dig with a ceremonially buried White Buffalo skeleton and two built-in artifact cases. Ground level is above your head and a cloud mural covers the ceiling.
A video on the wall behind the dig is built into the strata of the dig and tells the story of artifacts unearthed in the Parker County area.
As visitors exit the room a large artifact case to their left has plenty of room for larger artifacts like bison bones, a cast of a dinosaur leg bone, pre,historic tools, etc.
Pg. 21 (' | I ' (I I" WEKI'IIEI I,'OIt, I) POST FUNDING ANALYSIS OF CITY OF WEATHERFORD HOTEL OCCUPANCY TAX (HOT) REVENUE
Date: // #v/ /LJ, f o/L) / Organizational Information
..7- /,7-3 ,-3,-- Contact Name: /, , 5, //t, t3, Phone: o / v I
The Organization's analysis of funds is for (Please check one):
Annual for the Year of lJc' )-J OIE,J
__ For a Special EventlActivit I/Facility Named
Held on: This was the time this event was held.
$ e/') Z) '- of HOT funds were received.
Results
Detail how the HOT funds were used:
Pg. 22 Pg. 23 Pg. 24 Pg. 25 Pg. 26 (' I I V () I" WEATIIEIII"()III) APPLICATION / REQUEST OF CITY OF WEATHERFORD HOTEL OCCUPANCY TAX (HOT) REVENUE
Date: ,,// ,1 I ,gd/17
Organizational Information
Name of Organization: /' ,"A'/" ./S ,,E-QIz'.. -:,- // . J,<' )t,i ;n., [ (YA/)} I,, . // / " Address: /Z]l; ]' X /'//Y J/Y/g, ' / ,-..k.///' #,", dSJ-/ SZJ
Contact Name: /'. /Z/#/' ,"b, 7 z4s. Phone: "l}-Jl.l.-4.ZlC/"
' Web Site Address for Event/Activity / Facility / Organization:/d/l ,/d&,,,,/,, ,, ", .- , [ )
Is the Organization (Please check one): Non-Profit: Private / For Profit:
5"- Tax ID #: 27zz.JJ'.Z Organization's Creation Date:
Purpose / Mission of Organization:
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h eM,,<.,. .. ;:< (<,,,,',.k ,o X',.. ,.Zi;,L , ., i l, st.<,4 ,I 'A.i ,,, ,,,,-i,i ,p.D Is the Organization s request" fer Tundt (vlease cnecK one): v
X Annual for the Year of ,//
__ For a Special Event/Activity/Facility Named
To be held on: . This will be the time this event is being held.
Has the Organization used HOT funds for this in the past? _J/t'_5. If yes, please explain results: )
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Pg. 27 Pg. 28 Pg. 29 Pg. 30 Pg. 31 Pg. 32 Pg. 33 Pg. 34 Pg. 35 ( I I ,' { I: WI,:AI'III.:It, I.'()tlI) POST FUNDING ANALYSIS OF CITY OF WEATHERFORD HOTEL OCCUPANCY TAX (HOT) REVENUE
Date: 05/111/2010
Organizational Information
Name of Organization: Weatherl :,rd Chanbcr of Commerce
Address: 401 Fort Worth Hwy, Weathertbrd, TX 76086
Contact Name: Tanuny Gazzola Phone: 817/596-3801
The Organization's analysis of funds is for (Please check one):
X Annual for the Year of 2010-201 I
For a Special Event/Activity/Facility Named
Held on: • This was the time this event was held.
$121,400 ($91,050 to date) of HOT funds were received.
Resul
Detail how the HOT funds were used: Advertising $44091.21 Dues/Memberships $4313.00 Maintenance/Operation $3074.02 Misc. Expenses $250.00 Phone/Fax $4118.72 Postage $2062.39 Printing $2589.54 Salaries $26881.59 Seminars/Travel $1453.90 Supl)lics $812.09 $89,646.46 as of 30m
How did the Organization directly enhance and promote tourism and the convention and hotel industry in the City of Weatherford through the use of HOT funds (Part 1
Pg. 36 I" i i L: '[Ih ",li: I i: , ]!i i ''I l :If I: r ' :l: I' , !/% !11¸`¸¸
Test)(Please attach actual documents showing how Weatherford was recognized in your advertising/promotional campaign)? Tile Chamber office also serves as the Visitor Center I'or Weatherfbrd. Each clay we have tile opportunity to share with visitors all tile great things ill Weatherford TX. Tile visitor center is open 6 clays per week to help our guests. As well as serving as tile Visitors Center we also promote Weatherford with advertising in many Medias. Below you '`'`,ill see some of the avenues of advertising tills past year. [] We placed a 1/3 page ad in Ihe Texas State Travel Guide. This is the most popular travel guide published for the State of Texas. It is produced by Texas Delmrtment of Transportation. [] We also placed a 1/3 page ad in tile DFW Area Tourism Guide. There are over 100,000 of these printed and distributed to potential visitors to the metroplex area, Weatherlbrd is represented tlu'oughout this wonderful publication. [] A new media we implemented this year was a partnership with Travel Pal to offer discounts to visitors. Attached coupons are available on-line to potential visitors. This program ",',,as very well received by, Ibe hotels and restaurants in town. [] Al'ter our first successful year of advertising with tile Drive Guide we continued again this 3,ear. This guide is placed in every car that is rented at DFW Airport. We have a full page ad that is located oil page two directly across from tile table of contents. [] We personally visited tile Texas State Travel Centers that are on tile borders of Texas. We delivered Weatherford Visitor Guides and educated the tmlrism specialist oil Weatherlbrd assets. Since that time we have sent many more visitor guides at their requests. You will find a letter of thanks li'om one of the centers we visited in our binder. [] Tile tOUl'iSIll committee has manued several booths al trade and travel shows throughout the state: Texas Stale Fair, DFW and Beyond Travel Fair in Arlington as well as attend Texas Lakes & Trails Committee meetings throughout tile region. la We are new member of the Ofl]cial Super Bowl Chanlber ofComnmrce Colnlnittee. [] Co-op with other DFW area travel centers to sponsor Glamer Bus Tour advertisings. [] Became a new destination on the North Texas Horse Country Tour. This is a wonderflll opportunity for our comnmnity. [] Was added as a new stop on the Butterliekl & Trails West Tour. [] Contracted with '°Ladies Day Out" tbr coffee table book that will be printed in late 2010. In negotiations we insisted ALL hotels/motels be listed. This is not usually done, but we would not agree to contract tmless ALL were listed.
Which of the following statutory categories were enhanced by this funding and how (Part 2 Test)(Please check all that apply)?
x Convention Center Facilities or Visitor Information Centers __ Registration of Convention Delegates x Advertising, and Conducting Solicitations and Promotional Programs to Attract Tourists and Convention Delegates x Promotion of the Arts x Historical Restoration and Preservation Projects or Activities
2 Pg. 37 ' ; : IIlL: ; 'lF!ll;i: rJ
x Sporting Event Expenses Related to Sporting Events which Substantially Increase Economic Activity at Hotels Transportation Systems
How did the Organization use other Weatherford businesses while carrying out the purpose/mission of the Organization or Event (printing, catering, rentals, etc...)? This year we implemented a new SHOP LOCAL FIRST campaign and it was very successful. During the 2009-2010 year we used many locals businesses liar tourism items. We used local printers to print visitor guides, used local graphic designers to design ads & brochures, purchased tourism bags and give-away items through a local vendor, rented billboard from local business, purchased customized peach flavored candy fl'om local business lbr tour bus group, rented stages, chairs, table clotlles, sound equipment fbr special events and purchased banners lbr events.
What was the estimated attendance or draw of visitors for your Organization / Event(s)? Thousands.
How many of those would your Organization estimate used Weatherford hotels, motels, inns, or bed-and-breakfast establishments? Hundreds
How many nights did they stay? Hundreds
How did your Organization measure the impact of your Organization / Event(s) on area hotel activity? We have conducted an Economic hnpact study for the Peach Festival and Cutting Horse Industry which were both very informative. Also, several ol'the advertising venues (Southern Living and Texas Slate Travel Guide) send us request for visitor inlbrmation.
Please list the amount expensed to each media outlet your Organization used:
Paid Advertising $44,091.21 as of April 30t '
Newspaper $1,600,00
TV $3175.00 Produced new Iloliday commercial higlflighting Candlelight Tour of Homes
Radio $4,500 KSCS and KFWR for Sherifl'Posse Rodeo and PBR
Pg. 38 I ( f ! II,,,,,,h / ,, (i i ,i I ,Y I , ,J!h,li , , l,,! : ,, : li , 1: 'q ! ',;{ ',:!, ',l' i
Iii /G iqll ! !J!h,q!l i
Press Releases to Media $ no cost but have sent numerous tltcoughout the year and have had several Weatherfbrd events highlighted in calendars of events and stories. Added events to website calendar of events at no charge to: Texas Highways, AAA, Festivals of Texas, American Profile, Southern Living, Travel Tex, All Across Tex, t:ort Worth Weekly and local radio & TV stations. We add all tourism events not just Chamber events.
Direct Mailings to Out-of-Town Recipients $2,062.39
Other $23,669.12 magazine/visitor guide publications/hotel guides
$11,147.09 Billboard
What specific geographic areas did your advertising materials and promotions reach? Regional, state and national.
What number of individuals located in another city or county did your marketing reach? Millions. We have marketed not only regionally but nationally as well. [] We have personally visited the five Official Texas State Travel Centers to deliver Weatherford Visitor Guides and educated them on our line town. [] We have worked with DFW Area Tourism Council and Texas Lakes and Trails to promote Weatherford in the Metro area. [] We have advertised on DFW Television stations. [] Radio advertising a We have had ads in Ride Texas Magazine, Cutting lIorse Chatter, DFW Area Visitor Gukle, Texas State Travel Guide, Texas Lakes and Trails Map and DFW Area Drive Guides. [] Our tourism committee has manned booths at several trade and travel shows promoting Weatherford: Texas State Fair, Glamer Bus, DFW and Beyond Travel Fair in Arlington as well as visiting the Texas State Travel Centers.
1 Co-Op advertising with Texas I,akes & Trails in Ride Texas Magazine and the Regional Map [] Hosted SEVERAL bus tours to town: Garden Club of Dallas, Lewisvillc & Carrolton Senior Center Groups, Travel with Carol, Sweethearts & Or( hans Car Show, 2010 Texas Depot Tour, FAM Group of East Texas Tourism, Texas Lakes & Trail Regional Meeting, Richardson Senior Center, Fort Worth Women's Club, and Denton Senior Center. [] WeatherIbrd was also added to the North Texas Horse Tour map this year. This is wonderful promotion of our equine industry.
Additional sheets may be attached for further information.
Please file this completed form to the below within 120 days of your event or by the June presentation time-line if annual:
4 Pg. 39 Pg. 40 WI,;ATIII.;III.'()I,t.I) APPLICATION / REQUEST OF CITY OF WEATHERFORD HOTEL OCCUPANCY TAX (HOT) REVENUE
Date: 05/]0/2010
Organizational Information
Name of Organization: Weathertbrd Chan bcr of Commerce
Address: 401 Fort Worth I1,,' % Weathcrford, TX 76086
Contact Name: Tammy Gazzola Phone: 817/596-380 I
Web Site Address for Event / Activity / Facility / Organization: www.weat her ford -chan ber.coln This wcbsite was awarded BEST in its class by the Texas Chambers of Commerce Executives in 2009[
Is the Organization (Please check one): Non-Profit: X Private / For Profit:
Tax ID #: 75-0641880-9 Organization's Creation Date: Received Hotel/Motel Tax since 1986, Chamber of Conunerce formed in 1925.
Purpose / Mission of Organization:
Is the Organization's request for funds (Please check one):
X Annual for the Year of 2010-2011.
__ For a Special Event/Activity/Facility Named
To be held on: . This will be the time this event is being held.
Has the Organization used HOT funds for this in the past? Yes. If yes, please explain results: We are happy to partner with the fit3.' of Weathel'ford and serve as the CVB for our
Pg. 41 fine town. Our goal is to educate visitors and potential visitors on all the wonderl'ul amenities Weatherford has Go offer.
Applicability of Request
Detail how the HOT funds will be used: Please see attached budget.
How does the Organization plan to directly enhance and promote tourism and the convention and hotel industry in the City of Weatherford through the use of HOT funds (Part 1 Test)? Serving as the CVB, we are on staff 6 days per week to assist visitors. When we are not in the office we also host a very informative website that is accessible 24 hours a day. We promote Weatherl'ord as a tourism destination through various Medias (TV, Radio, newspaper, lnagazine) as well as participate in networking groups such as DFW Area Tourism Council, Texas Lakes & Trails Committee, NCI [A, Texas Travel Industry Association and Texas Association of Convention & Visitors Bureaus. Our tourism committee also participates in several travel/trade shows to promote \Vcathcrfbrd.
Which of the following statutory categories apply to this funding request and why (Part 2 Test)(Please check all that apply)?
X Convention Center Facilities or Visitor Information Centers __ Registration of Convention Delegates × Advertising, and Conducting Solicitations and Promotional Programs to Attract Tourists and Convention Delegates X Promotion of the Arts × Historical Restoration and Preservation Projects or Activities X Sporting Event Expenses Related to Sporting Events which Substantially Increase Economic Activity at Hotels (Mainly Equine Sporting Events) __ Transportation Systems
Funding Request
In-Kind services requested?
Amount of HOT funding request? $121,400.00
Desired payout if funded (Please circle): One-Time Quarterly Monthly
2 Pg. 42 Economic Impact
How does the Organization expect to use other Weatherford businesses while carrying out the purpose/mission of the Organization or Event (printing, catering, rentals, etc...)? We believe in Shop Wcathcrlbrd FIRST! This year we implemented a new SHOP LOCAL FIRST campaign and it was very successful. We use local printers to print visitor guides, local graphic designers to design ads & brochures, purchase tourism bags and give-away items through a local vendor, rent billboard t'rom local business, purchase customized peach llavored candy fl'om local business for tour bus group, rent stages, chairs, table clothes, sound cquipment for special events and purchase banners Ibr events all through local vendors.
What is the expected attendance or draw of visitors for your Organization / Event(s)? Thousmlds! We prolnotc nlany events that take place in Weatherford not just Chamber events (First Monday Trade Days, Chandor Gardens, Sheriff's Posse Rodeo, Candlelight Tour of Homes, Greenwood Farm Horse Trials, PBR, Shaw Kemp Open House, and Silverado on the Brazos, Farmer's Market, Talking Tombstone and Historic Downtown Shopping)
How many of those would your Organization expect to use Weatherford hotels, motels, inns, or bed-and-breakfast establishments? Thousands. With many of the events we promote not being our own; we do not have a precise count of rooms. We do Mmw that the Peach Festival, Christmas on the Square, Parker County Sheriff's Posse Rodeo, Greenwood Farms do have a large impact on the hotels.
How many nights will they stay? On average 2 nights.
How will your Organization measure the impact of your Organization / Event(s) on area hotel activity? We have conducted an Economic hnpact Study for the Peach Festival and the Cutting Horse Industry which both showed major impacts. We also work closely with hotel lnanagers to ensure good communication.
Please list the amount financially committed to each media outlet your Organization plans to use:
Paid Advertising $47,270 please see attached budget
Newspaper $ TV $
Radio $ Press Releases to Media $
Direct Mailings to Out-of-Town Recipients $ Other $
What specific geographic areas do your advertising materials and promotions reach? We advertise in many different areas; regional, state and national. We target some DFW areas to encourage weekend trips. We also advertise with Texas wide publications as well as national publications. For bus tours we focus on our neighboring states.
Pg. 43 ' JI, : / i ; i! ; ' " !r ¸ ' . ' , i:i , ' , Ii ' .' I .... , /' !l'I¸ i '
ll ,rl:!li !¸ I,
What number of individuals located in another city or county will your proposed marketing reach? Millions- We will continue to advertise regionally, state and nationally. We will continue to participate in travel shows, visit the Texas State Travel Centers, co-op advertise with other DFW area tourisnl centers. This year we would like to work with the City to extend the Peach Festival to a 2 day event to encourage even more hotel stays.
Additional sheets may be attached for further information.
Please file this completed form with the: City of Weatherford Chief Financial Officer 303 Palo Pinto Street Weatherford, Texas 76086
4 Pg. 44 Pg. 45 Pg. 46 Pg. 47 Weatherford City Council AGENDA REPORT
Meeting Date: July 13, 2010 Staff Contact: Jerry Blaisdell, City Manager Agenda Item: WS-071310-02 E-mail: [email protected] Phone: 817-598-4100
SUBJECT: Discuss and consider the current fee schedule for Planning and Development.
BACKGROUND/DISCUSSION Attached is the current fee schedule for Planning and Development. Proposed changes are also included in blue font. Some of these fees have not been presented to the Council in many years and staff would like to be certain that Council is aware of all fees that are charged to our residents and customers. On November 24, 2009, Council adopted a citywide policy for revenue collection. A copy of the policy is attached for your convenience. Staff will be presenting the fee schedules for all City departments during the upcoming months and plans to have a final schedule of all departments for approval with the FY2010-11 budget.
FINANCIAL IMPACT None at this time.
RECOMMENDATION Staff seeks Council direction on schedules presented today.
Attachments Planning and Development Fee Schedule Revenue Policy – User Charges and Fees
WS-071310-02 Page 1 of 1 Pg. 48 Red = stricken Yellow = fees that are handled by other departments, just collected by P&D Blue = proposed increase, new fee or clarification of fee calculation
CURRENT PROPOSED Planning and Development
A. Residential New Construction Fees (same as comm const fees) 1 Building - New (based on total square feet) $ 0.17 per square foot National Standard based on Valuation 2 Park Dedication Fee - New construction only $ 525.00 per house Unchanged Park Fund
B. Residential Remodel Fees 1 Building - Remodel (based on total square feet) $ 0.10 per square foot National Standard based on Valuation 2 Electric - Remodel (based on total square feet) $ 0.07 per square foot National Standard based on Valuation 3 Plumbing - Remodel (based on living area square feet) $ 0.05 per square foot National Standard based on Valuation 4 Mechanical - Remodel (based on living area square feet) $ 0.05 per square foot National Standard based on Valuation
C. Accessory Buildings 1 New $ 0.10 per square foot National Standard based on Valuation 2 Remodel $ 0.05 per square foot National Standard based on Valuation
D. Other Administrative Fees 1 Administrative Fee (applied to applications where fees ≥ $100.00) $ 25.00 Unchanged 2 Minimum Permit Fee $ 35.00 Unchanged 3 [Re-Inspection Fee]Un-permitted Construction Penalty $ 28.00 a penalty in an amount equal to the permit fee shall be applied to all unpermitted construction violations; penalties shall not exceed an amount equal to $500.00 per day
4 After hours Inspection Fee $ 45.00
E. Miscellaneous Permit Fees 1 Demolition - Residential $ 35.00 Unchanged 2 Demolition - Commercial $ 150.00 National Standard based on Valuation 3 Central Heat and Air Conditioning Change Out - Residential $ 35.00 per unit Unchanged Central Heat and Air Conditioning Change Out - Commercial National Standard based on Valuation 4 Gas Test $ 35.00 Unchanged 5 Water Heater Change Out $ 35.00 per unit Unchanged
Pg. 49 Red = stricken Yellow = fees that are handled by other departments, just collected by P&D Blue = proposed increase, new fee or clarification of fee calculation
CURRENT PROPOSED 6 House-moving (accompanying $1000 bond needs increase too) $ 10.00 $ 35.00 (certificate of liability naming the City of Weatherford as additionally insured in an amount of $1,000,000.00 7 Irrigation Sprinkler System $ 35.00 Unchanged 8 Meter Loops/Grounds Electric Service Upgrade - Residential $ 35.00 Unchanged Meter Loops/Grounds Electric Service Upgrade - Commercial National Standard based on Valuation 9 Temporary Electric Poles $ 35.00 Unchanged 10 Reciprocal Letters $ 10.00 11 Septic Systems - New $ 175.00 Unchanged 12 Swimming Pools (+ Minimum Permit Fee - Electrical) $ 75.00 Unchanged 13 Itinerant Vendor $ 115.00 Unchanged 14 Wells $ 75.00 Unchanged 15 Temporary Structure (Construction Trailers) $ 75.00 Unchanged 16 Roofing[ ($30 minimum)] - Residential $ 1.20 per square foot $ 35.00 Roofing - Commercial National Standard based on Valuation 17 Grading $ 35.00 Unchanged 18 Fence - Residential (Must Submit Application) $ - Unchanged 19 Fence - Commercial $ 35.00 Unchanged 20 Administrative Fee $ 25.00 21 ETJ Inspections $ 60.00 $ 35.00 22 Change of Occupancy - Commercial $ 35.00
F. Signs 1 Grand Opening (Portable) $ 35.00 2 Permanent (1-100 square feet) $ 50.00 Unchanged 3 Permanent (101-200 square feet) $ 100.00 Unchanged 4 Permanent (>200 square feet) $ 150.00 Unchanged 5 Temporary (30 days; submit application) $ - $ 35.00
G. Residential/Commercial Construction Fees[ (ICC Commercial Building Permit Fees)] 1 Total valuation $1 to $500 $ 23.50 $ 35.00 2 Total valuation $501 to $2,000 $23.50 for first $500, plus [$23.50]$35.00 for first $3.05 for ea addtl $100 or $500, plus $3.05 for ea fraction thereof, to and addtl $100 or fraction including $2,000 thereof, to and including $2,000
Pg. 50 Red = stricken Yellow = fees that are handled by other departments, just collected by P&D Blue = proposed increase, new fee or clarification of fee calculation
CURRENT PROPOSED 3 Total valuation $2,000 to $25,000 $69.25 for the first $2,000 Unchanged plus $14 for ea addtl $1,000 or fraction thereof, to and including $25,000
4 Total valuation $25,001 to $50,000 $391.25 for the first Unchanged $25,000 plus $10.10 for ea addtl $1,000 or fraction thereof, to and including $50,000 5 Total valuation $50,001 to $100,000 $643.75 for the first Unchanged $50,000 plus $7 for ea addtl $1,000 or fraction thereof, to and including $100,000 6 Total valuation $100,001 to $500,000 $993.75 for the first Unchanged $100,000 plus $5.60 for ea addtl $1,000 or fraction thereof, to and including $500,000 7 Total valuation $500,001 to $1,000,000 $3,233.75 for the first Unchanged $500,000 plus $4.75 for ea addtl $1,000 or fraction thereof, to and including $1,000,000 8 Total valuation $1,000,001 and up $5,608.75 for the first Unchanged $1,000,000 plus $3.15 for ea addtl $1,000 or fraction thereof
H. Other Inspection/Plan Review Fees 1 Inspections outside of normal business hours (2 hr min) $ 47.00 per hour Unchanged 2 Re-inspection fees assessed under provisions of Sec 305.8 $ 47.00 per hour Unchanged 3 Inspections for which no fee is specifically indicated $ 47.00 per hour Unchanged 4 Addtl plan review required by changes, additions, revisions to plans (1/2 hr min) $ 47.00 per hour Unchanged 5 For use of outside consultants for plan checking and inspections, or both actual cost Unchanged 6 Plan review fee 35% of the permit fee
I. Other Commercial Construction Fees
Pg. 51 Red = stricken Yellow = fees that are handled by other departments, just collected by P&D Blue = proposed increase, new fee or clarification of fee calculation
CURRENT PROPOSED 1 Building Remodel $ 0.10 per square foot National Standard based on Valuation 2 Electric - New <10,000 square feet $ 0.05 per square foot National Standard based on Valuation 3 Electric - New >10,000 square feet $ 0.04 per square foot National Standard based on Valuation 4 Electric - Remodel $ 0.02 per square foot National Standard based on Valuation 5 Plumbing - New <10,000 square feet $ 0.05 per square foot National Standard based on Valuation 6 Plumbing - New >10,000 square feet $ 0.04 per square foot National Standard based on Valuation 7 Plumbing - Remodel $ 0.02 per square foot National Standard based on Valuation 8 Mechanical - New <10,000 square feet $ 0.05 per square foot National Standard based on Valuation 9 Mechanical - New >10,000 square feet $ 0.04 per square foot National Standard based on Valuation 10 Mechanical - Remodel $ 0.02 per square foot National Standard based on Valuation
J. Subdivision Fees (Plats/Replats) 1 Residential Plat including subdivisions in the ETJ (Minor/Final/Replat) up to $250 + $4 per lot Unchanged $1,000 max 2 Commercial or Industrial Plat including subdivisions in the ETJ $400 + $25 per acre and any portion thereof Unchanged (Minor/Final/Replat) up to $1,000 max County filing fees includ: $66 for the first page; $4 for ea addtl page; $10 per page for City record copies 3 1 page plat $ 76.00 4 2 page plat $ 90.00 5 3 page plat $ 104.00 6 4 page plat $ 118.00 7 5 page plat $ 132.00 8 ETJ - Residential Plat (Minor/Final) No County filing fees $200 + $4 per lot 9 ETJ - Commercial or Industrial Plat (Minor/Final) No County filing fees $400 + $25 per acre and any portion thereof If any proposed subdivision shall be a mixture of residential and any other type of use, the commercial fees shall be applicable. If no designation has been made as to use, commercial fees shall apply. ETJ plats shall be considered as a final plat save and except when there shall be infrastructure construction consideration. Such considerations shall be in the sole discretion of the Planning & Development Director, or his/her authorized designees.
K. Water Impact Fees 1 Standard Unit Water Impact Fee $ 1,270.00 $ 1,479.00 adopted by CC 10/28/08 2 3/4 inch water meter $ 1,270.00 $ 1,479.00 adopted by CC 10/28/08 3 1 inch water meter $ 2,121.00 $ 2,470.00 adopted by CC 10/28/08 4 1 1/2 inch water meter $ 4,229.00 $ 4,925.00 adopted by CC 10/28/08
Pg. 52 Red = stricken Yellow = fees that are handled by other departments, just collected by P&D Blue = proposed increase, new fee or clarification of fee calculation
CURRENT PROPOSED 5 2 inch water meter $ 6,769.00 $ 7,883.00 adopted by CC 10/28/08 6 3 inch water meter $ 12,700.00 $ 14,790.00 adopted by CC 10/28/08 7 4 inch water meter $ 21,171.00 $ 24,655.00 adopted by CC 10/28/08 8 6 inch water meter $ 42,329.00 $ 49,295.00 adopted by CC 10/28/08 9 8 inch water meter $ 67,729.00 $ 78,875.00 adopted by CC 10/28/08
L. Wastewater Impact Fees 1 Standard Unit Wastewater Impact Fee $ 1,120.00 $ 1,311.00 adopted by CC 10/28/08 2 3/4 inch water meter $ 1,120.00 $ 1,311.00 adopted by CC 10/28/08 3 1 inch water meter $ 1,870.00 $ 2,189.00 adopted by CC 10/28/08 4 1 1/2 inch water meter $ 3,730.00 $ 4,366.00 adopted by CC 10/28/08 5 2 inch water meter $ 5,970.00 $ 6,988.00 adopted by CC 10/28/08 6 3 inch water meter $ 11,200.00 $ 13,110.00 adopted by CC 10/28/08 7 4 inch water meter $ 18,670.00 $ 21,854.00 adopted by CC 10/28/08 8 6 inch water meter $ 37,330.00 $ 43,696.00 adopted by CC 10/28/08 9 8 inch water meter $ 59,730.00 $ 69,916.00 adopted by CC 10/28/08
M. Zoning Change/Amendments Note: [Zoning Changes, Conditional Use Permits and Board of Adjustment Hearings require Public Hearings and Legal Notice publication]Includes Zoning Change and Zoning Amendment applications where public hearing and legal notice is required 1 Residential, 1-5 Lots $ 225.00 2 Residential, 6-50 Lots $ 375.00 3 Residential, 51+ Lots $ 500.00 4 Multi-Family, <1 Acre $ 350.00 5 Multi-Family, 1-5 Acres $ 450.00 6 Multi-Family, 1-5 Acres $ 550.00 7 Commercial, <1 Acre $ 350.00 8 Commercial, 1-5 Acres $ 450.00 9 Commercial, 6+ Acres $ 550.00 Administrative Fee $ 250.00 plus cost of advertising and notification; to be paid in full prior to Board hearing
N. Board of Adjustment
Pg. 53 Red = stricken Yellow = fees that are handled by other departments, just collected by P&D Blue = proposed increase, new fee or clarification of fee calculation
CURRENT PROPOSED Note: [Zoning Changes, Conditional Use Permits and Board of Adjustment Hearings require Public Hearings and Legal Notice publication]Includes Variance and Administrative Appeal applications where public hearing and legal notice is required 1 Residential $ 200.00 2 Commercial $ 300.00 Administrative Fee $ 250.00 plus cost of advertising and notification; to be paid in full prior to Board hearing
O. Site [Plan Review/Application ]Development Permit Application Note: Zoning Changes, Conditional Use Permits and Board of Adjustment Hearings require Public Hearings and Legal Notice publication. 1 Site [Plan]Development Permit $ 100.00 Unchanged
P. [Conditional Use Permit Application]Tree Removal Note: Zoning Changes, Conditional Use Permits and Board of Adjustment Hearings require Public Hearings and Legal Notice publication. 1 [Conditional Use Permit]Unprotected $ 250.00 $ - 2 Protected $100.00 per caliper inch, or fraction thereof, to be deposited into the City's Reforestation Fund (i.e. 6.33" = $700.00)
Q. Oil and Gas 1 Oil and Gas $ 5,000.00 Unchanged 2 Annual Renewal $ 2,500.00
R. Local Modifier 0.54
Pg. 54 Revenue Policy – User Charges and Fees
User charges and fees are designed to offset the cost of goods or services provided. In the case of commercial activities, a reasonable rate of return is also utilized in order to support the enterprise and to alleviate the burden that would otherwise be unfairly placed upon taxpayers and ratepayers.
I. Factors that Boards, Commissions, and City Council shall consider when establishing user charges and fees include: A. Economic Category of the Good or Service 1. Public – A good or service item which cannot be sold easily in units and which benefits all citizens (i.e. police protection). 2. Private – A good or service item which can be sold in discrete units for a price and non‐buyers can be excluded from enjoying the benefits of the good or service (i.e. water). 3. Mixed ‐ A private good or service provided for public use (i.e. swimming pool). B. Full Cost of the Good or Service 1. Direct Costs – All direct costs associated with the supplying of the good or service including all maintenance and operational costs (i.e. fuel, advertising, utilities, staff time, collection of charge or fee, etc…). 2. Indirect Costs a. Overhead costs such as administration, human resources, accounting, and computer usage. b. Costs associated with use of a capital facility and/or future investment in capital. II. Intention for Cost Recovery shall be determined by: A. Guidelines of Imposing a User Charge or Fee 1. A user charge or fee should bear some relation to the actual cost of providing the service. 2. A user charge or fee should not be attached to a bill for unrelated goods or services. B. Determination of Percentage of Recovery 1. Full Cost Pricing – Intention to fully recover the direct and indirect cost of providing the good or service. 2. Return on Investment – In some cases, the City may allow for a reasonable return on investment to be justified to support the enterprise and to alleviate the burden that would otherwise be unfairly placed upon taxpayers and ratepayers.
Pg. 55 3. Partial Cost Pricing – Intention to partially recover the cost of the good or service with some level of subsidy. 4. Competitive Pricing – Intention to price a good or service based on market or competitive pricing charged by comparable prices charged by other private, public, or non‐profit entities. 5. Marginal Cost Pricing – Intention to price a good or service on the marginal cost of producing an additional unit of the good or service. 6. Zero Cost – Intention to have no user charge or fee associated with a good or service by fully subsidizing or taxing for a good or service. 7. Refundable Deposit – Intention to secure a deposit against possible damage to City property or unpaid balances due to the City. C. Considerations of Setting Price 1. Price may be dictated by legislation. 2. Prices may be used to regulate demand. 3. Prices may be subsidized based on user capacity to pay, economic development, or environmental factors. 4. Price may be used for promotion of goals. 5. Price should consider collection feasibility and expense. 6. Price should consider the impact to the customer or user. III. Review and Updates shall be: A. Performed Periodically: 1. Annually 2. During Budget Process B. Considerations Made for: 1. Inflation Adjustments 2. Cost of Goods or Services 3. Adequacy of the Recovery of Costs 4. Current Competitive Rates IV. Availability to Public shall be achieved through: A. posting of Revenue Policy for User Charges and Fees as well as the Schedule of User Charges and Fees: 1. in City Secretary’s Office, 2. on City website, and 3. in the annual budget document. V. Approval: A. User charges and fees may be recommended by Boards, Commissions, or City Staff and require City Council approval through minute order.
Pg. 56
MINUTES OF THE CITY COUNCIL WORK SESSION HELD June 22, 2010 The City Council of the City of Weatherford, Texas met in a Work Session on Tuesday, June 22, 2010 at 4:00 p.m. in the City Hall Council Chambers, 303 Palo Pinto Street, Weatherford, Texas. Present were Mayor Dennis Hooks, Mayor Pro Tem Waymon Hamilton and Council Member Craig Swancy. Council Member Jerry Clinton was absent. City Staff included: City Manager Jerry Blaisdell, Assistant City Manager Robert Hanna, Assistant City Manager Sharon Hayes, City Attorney Ed Zellers and City Secretary Laura Simonds.
Mayor Hooks announced a quorum was present. The work session was called to order at 4:00 p.m.
Presentation of Community Organizations Chief Financial Officer Janina Jewell explained that as the City prepares for the Fiscal Year 2010-2011 Budget, it is important to seek justification of previous year expenses and obtain future requests. Several organizations that provide various services to the community that have received City funding during Fiscal Year 2009-2010 and/or are requesting funds from the City have been invited to present the detailed work, accomplishments, and goals that their organization has accomplished with funding assistance from the City and/or what they would do with funds received from the City. Presentations included those from:
General Fund Revenues:
Freedom House Catherine Tietjen, Executive Director Approved FY2010 $15,000 Request FY2011 $15,000
Parker County Committee on Aging Glenda Webb, Executive Director Approved FY2010 $30,000 Request FY2011 $30,000
(The following will be presented on July 13.)
Hotel Occupancy Fund Revenues:
Doss Heritage and Culture Center John Scovil, Executive Director Approved FY2010 $30,000 Request FY2011 $30,000 Special Request FY2011 - "Gracey" $20,000
Parker County Fine Arts Association Walter L Jones, Treasurer Approved FY2010 $32,000 Request FY2011 $32,000
Texas Opry Theater Marilyn and Jerry Carter Request FY2011 $144,000
Pg. 57
Weatherford Chamber of Commerce Tammy Gazzola, President Approved FY2010 $121,400 Request FY2011 $121,400
Discuss and consider the current fee schedules for Sanitation, Fire and Police. On November 24, 2009, the Council adopted a citywide policy for revenue collection. Sanitation Superintendent Steve Bates reviewed the Sanitation fee schedule. Assistant Fire Chief Paul Rust presented the Fire Department fee schedule.
The Council took a 5 minute recess at 5:06 p.m.
Chief of Police Mike Manning then presented the Police Department fee schedule. No action was taken on these items.
As there were no further items for discussion, on the motion of Waymon Hamilton, second by Craig Swancy, the Council adjourned the work session at 5:19 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD June 22, 2010 The City Council of the City of Weatherford, Texas met in a Regular Session on Tuesday, June 22, 2010 at 6:30 p.m. in the City Hall Council Chambers, 303 Palo Pinto Street, Weatherford, Texas. Present were Mayor Dennis Hooks, Mayor Pro Tem Waymon Hamilton, Council Members Jerry Clinton, and Craig Swancy. City Staff included: City Manager Jerry Blaisdell, Assistant City Manager Robert Hanna, Assistant City Manager Sharon Hayes, City Attorney Ed Zellers and City Secretary Laura Simonds.
Mayor Hooks announced a quorum was present. The meeting was called to order at 6:30 p.m.
PRESENTATION Mayor Hooks presented City Manager Jerry Blaisdell with a Manager of the Year Award for his outstanding characteristics of management.
MONTHLY REPORT Chief Financial Officer Janina Jewell presented the May 2010 Monthly Financial Report. No action was taken or required on this item.
CONSENT ITEMS The following items were unanimously approved and adopted on the motion of Craig Swancy, second by Waymon Hamilton. The motion carried 4-0.
Approved the minutes from the June 8, 2010 Work Session and Regular City Council Meeting.
Adopted Ordinance 483-2010-20, on first reading, for placement of stop signs on Boundary Street for north and southbound traffic at the intersection with Vine Street. The Ordinance is captioned as follows:
Pg. 58 ORDINANCE 483-2010-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS, AMENDING WEATHERFORD CODE OF ORDINANCES, TITLE X MOTOR VEHICLES AND TRAFFIC, CHAPTER 3 TRAFFIC-CONTROL DEVICES, SECTION 10-3-12 SPECIFICALLY CONTROLLED STREETS BY ADDING THERETO CERTAIN INTERSECTIONS FOR THE ENFORCEMENT OF TRAFFIC CONTROL DEVICES ON RIGHT-OF-WAYS IN THE CITY OF WEATHERFORD, TEXAS, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE, ESTABLISHING A PENALTY.
ACTION ITEMS Consider adoption of Ordinance 489-2010-26 on second and final reading to approve the 2009-10 amended annual budget with suggested change and approval to purchase an Asphalt Zipper from HGAC. Chief Financial Officer Janina Jewell explained that since the last meeting two other items have been proposed for consideration and adjustment to the current budget for the General Capital Projects Fund for equipment. Director of Public Works and Transportation Terry Hughes presented the details and benefits of allowing this adjustment to purchase an Asphalt Zipper AZ550 through a contract between HGAC and Asphalt Zipper, Inc. The General Capital Projects Fund has an estimated fund balance to end this year at $1,404,523, where $1,000,000 is being held in reserve for possible transportation needs after the cash flow cycling of the Town Creek Trail project is complete. This adjustment is conservatively estimated at $140,000 to receive, label and install the Asphalt Zipper AZ550 which will cost $133,688 from Asphalt Zipper, Inc. through an HGAC contract which has already been competitively bid.
The second item for consideration is a transfer of $1,000 from the Administration Division to the Code / Health Services Division, both in the General Fund. Since this is a direct transfer within the fund this has no effect on the overall budget bottom line. Funds are needed to cover expenses in line-items where previous budget cuts and unfilled positions have created a need that must be fulfilled to provide City services such as swimming pool inspections, code services and health permit issuances.
After consideration, on the motion of Jerry Clinton, second by Craig Swancy, the Council voted unanimously to approve Ordinance 489-2010-26 on final reading to approve the 2009-10 amended annual budget with the suggested changes. The motion carried 4-0. The Ordinance is captioned as follows:
ORDINANCE NO. 489-2010-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010, AND MAKING APPROPRIATIONS FOR THE SEVERAL DEPARTMENTS FOR SAID YEAR IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF WEATHERFORD, TEXAS AND THE LAWS OF THE STATE OF TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE.
Consider and act on a request from the Texas Opry Theater for Hotel Occupancy Tax funds for Old Time Fiddlers Association event at Peachfestival. Kay Huse from the Texas Opry Theater was present to request $10,000 of Hotel Occupancy Tax funds to host a special event of the Old Time Fiddlers Association at the 2010 Peachfestival. Ms. Huse stated that $5,000 would be used for prize money for the fiddlers and $5,000 would be used for advertising. Council member Swancy stated that he felt that $5,000 was too much for prize money. Bobbie Narramore suggested that perhaps the money be given for next year, but not this year. After discussion and consideration, there was no motion by the Council, therefore, the item died.
Pg. 59
Discuss and consider first reading of Ordinance 492-2010-29, approving a Conditional Use Permit for Automotive Sales for property located at 2303 FORT WORTH HIGHWAY City of Weatherford, Parker County, Texas. Director of Planning and Development Don Stephens stated that an application has been received wherein GT Investments is requesting approval of a Conditional Use Permit for Automotive Sales for property located at 2303 FORT WORTH HIGHWAY. The item was reviewed at a public hearing before the Planning and Zoning Board on May 26, 2010. By a vote of 7 – 0, the Planning and Zoning Board has recommended approval of the Conditional Use Permit. On the motion of Jerry Clinton, second by Craig Swancy, the Council unanimously approved the first reading of Ordinance 492-2010-29, approving a Conditional Use Permit for Automotive Sales for property located at 2303 FORT WORTH HIGHWAY City of Weatherford, Parker County, Texas. The motion carried 4-0.
Discuss and consider code concerns in the area of Keechi and Ridgeway. City Manager Jerry Blaisdell reviewed the code concerns and stated that the City is moving forward with getting this property into compliance. Blaisdell noted that there are other property owners in the area that are being notified of non-compliance issues as well. City Attorney Ed Zellers stated that he is doing title searches on other property in the area that have code issues. Staff will continue to proceed forward with the compliance of this area.
CITIZENS COMMENTS ON NON-AGENDA ITEMS There were no comments.
As there was no further discussion, on the motion of Jerry Clinton, second by Craig Swancy, the Council adjourned the meeting at 7:26 p.m.
______Mayor Dennis Hooks ATTEST:
______Laura Simonds, City Secretary
Pg. 60 Weatherford City Council
AGENDA REPORT
Meeting Date: July 13, 2010 Staff Contact: Don Stephens, Director Agenda Item: RS-071310-01 E-mail: [email protected] Phone: 817-598-4203
Initiated By: Planning & Zoning Board
Final reading of Ordinance 492-2010-29, approving a Conditional Use Permit for Automotive Sales for property located at 2303 FORT WORTH HIGHWAY City of SUBJECT: Weatherford, Parker County, Texas.
STAFF REPORT: An application has been received wherein GT Investments is requesting approval of a Conditional Use Permit for Automotive Sales for property located at 2303 FORT WORTH HIGHWAY City of Weatherford, Parker County, Texas. The reason for the request is to allow for the operation of automotive sales.
According to the Title XII, Chapter 4 Section 38, commonly referred to as the City’s Land Use Chart, Automotive Sales requires conditional use provision approval in GR General Retail zoning districts.
“A conditional use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of standards and conditions.” (WMC §37.1.A.)
“When considering applications for a conditional use provision, the planning and zoning board in making its recommendation and the city council in rendering its decision on the application shall, on the basis of the site plan and other information submitted, evaluate the impact of the conditional use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The planning and zoning board and the city council shall specifically consider the extent to which: 1. The proposed use at the specified location is consistent with the policies embodied in the adopted comprehensive plan; 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; 3. The proposed use meets all supplemental standards specifically applicable to the use as set forth in Article V;
RS-071310-01 Page 1 of 3
Pg. 61 4. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to: a. Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire; b. Off-street parking and loading areas; c. Refuse and service areas; d. Utilities with reference to location, availability, and compatibility; e. Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses; f. Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; g. Required yards and open space; h. Height and bulk of structures; i. Hours of operation; j. Exterior construction material and building design; and k. Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets. 5. The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.” (WMC §37.5.A.)
PREVIOUS COUNCIL / BOARD ACTION: The item was reviewed at public hearing before the Planning and Zoning Board on May 26, 2010. By a vote of 7 – 0, the Planning and Zoning Board has recommended approval of the Conditional Use Permit.
The item was reviewed at public hearing before City Council on June 22, 2010. By a vote of 4 – 0, City Council has approved the Conditional Use Permit on first reading.
STAFF RECOMMENDATION: Staff supports the recommendation of the Planning and Zoning Board.
ATTACHMENTS: Vicinity Map Ordinance 492-2010-29
RS-071310- Page 2 of 3
Pg. 62 VICINITY MAP
RS-071310- Page 3 of 3
Pg. 63 ORDINANCE 492-2010-29
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CERTAIN PARCELS OR TRACTS OF LAND IDENTIFIED AS 1.579 ACRES OUT OF THE ADDISON HAWKINS SURVEY, ABSTRACT NO. 665, CITY OF WEATHERFORD, PARKER COUNTY, TEXAS LOCATED AT 2303 FORT WORTH HIGHWAY FOR THE PURPOSES OF AUTOMOTIVE SALES; 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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS:
SECTION 1: That a Conditional Use Permit is hereby authorized for certain parcels or tracts of land identified as 1.579 acres out of the Addison Hawkins Survey, Abstract No. 665, City of Weatherford, Parker County, Texas more particularly described on Exhibit ‘A’ attached hereto and incorporated herein, and more generally located at 2303 Fort Worth Highway for the purposes of Automotive Sales.
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 and Section 2 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: 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 4: 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.
Pg. 64 The foregoing ordinance was introduced, read, approved, and passed by a vote of 4 ayes and 0 nayes by the City Council of the City of Weatherford, Texas, at its meeting on the 22 day of June 2010 and was read, approved, passed and adopted by a vote of ___ ayes and ___ nayes by the City Council of the City of Weatherford, Texas, at its meeting on the 13 day of July 2010.
CITY OF WEATHERFORD, TEXAS
Dennis Hooks, Mayor
ATTEST:
Laura Simonds, City Secretary
APPROVED AS TO FORM
Ed Zellers, City Attorney
Pg. 65 Exhibit ‘A’
BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE ADDISON HAWKINS SURVEY, ABSTRACT NO. 665, PARKER COUNTY, TEXAS, AND BEING A CALLED 0.68 ACRE TRACT AS DESCRIBED IN DEED TO VIRGIL WELCH, RECORDED FEBRUARY 19, 1947, AND A CALLED 1.0 ACRE TRACT AS DESCRIBED IN DEED TO VIRGIL WELCH, RECORDED IN VOLUME 176, PAGE 225, BOTH IN THE DEED RECORDS OF PARKER COUNTY, TEXAS, AND AS DESCRIBED IN DEED TO THAYER V. WELCH, JOEDY BELL, AND MARGARET STEPHENS, RECORDED IN VOLUME 1171, PAGE 431, OF THE REAL RECORDS OF PARKER COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FENCE POST FOR CORNER AT THE INTERSECTION OF NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 80, ALSO KNOWN AS FORT WORTH HIGHWAY, AND THE WEST LINE OF SAID ADDISON HAWKINS SURVEY;
THENCE NORTH, DEPARTING THE NORTH LINE OF SAID FORTH WORTH HIGHWAY, A DISTANCE OF 391.65 FEET TO A FENCE POST FOR CORNER;
THENCE NORTH 89 DEGREES 59 MINUTES 30 SECONDS EAST, A DISTANCE OF 175.57 FEET TO A FOUND IRON PIPE;
THENCE SOUTH, A DISTANCE OF 391.65 FEET TO A HIGHWAY MONUMENT FOR CORNER IN THE NORTH LINE OF SAID FORTH WORTH HIGHWAY;
THENCE SOUTH 89 DEGREES 59 MINUTES 30 SECONDS WEST, ALONG THE NORTH LINE OF SAID FORT WORTH HIGHWAY;
THENCE SOUTH 89 DEGREES 59 MINUTES 30 SECONDS WEST, ALONG THE NORTH LINE OF SAID FORTH WORTH HIGHWAY, A DISTANCE OF 175.57 FEET TO THE POINT OF BEGINNING, AND CONTAINING 68,763 SQUARE FEET OR 1.579 ACRES OF LAND, MORE OR LESS.
Pg. 66 Weatherford City Council AGENDA REPORT
James Hotopp, Director of Meeting Date: July 13, 2010 Staff Contact: Utilities – W/WW/Eng Agenda Item: RS-071310-02 E-mail: [email protected] Phone: 817-598-4016
SUBJECT: Discuss and consider granting an underground facilities easement to Southwestern Bell Telephone Co.
BACKGROUND/DISCUSSION Southwestern Bell Telephone Company is requesting an underground facilities easement. The easement lies in the property located off of Franklin Street.
Southwestern Bell, through a sub-contractor, plans to install fiber optic cable to their existing communication building on the Franklin water tower site. The easement will have a width of approximately four feet. Crosstex is willing to a total of $1,000.00 for the easement. The total footage of the easement is 127 square feet. Therefore, Southwestern Bell is proposing to pay $7.87 per square foot.
The Utility Board voted 5-0 on June 24, 2010 to recommend approval to the City Council.
FINANCIAL IMPACT The city will receive compensation for the easement.
RECOMMENDATION Staff recommends the City Council grant Southwestern Bell the easement requested.
Attachments General Location Photo Site Location Photo Southwestern Bell Telephone Company Permanent Easement Agreement Exhibit Letter of Authorization to Negotiate
RS-071310-02 Page 1 of 1 Pg. 67 Pg. 68 Pg. 69 Matk¢l: Ccll Site Number: DX2175 Cell Site Name: Norllt Weather ford Fixed Assel Number: 10035741
SOUTHWESTERN BELL TELEPHONE COMPANY
EASEMENT FOR UNDERGROUND FACILITIES
THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF PARKER §
:I'HAT THIS EASEMENT AGREEMENT is entered into by the undersigned, Weatllerford, a municipal corporation in Parker CounIy Texas [hcreinnflcr referred to as "GI , N'rOR" (whether one or more)], and SOUTHWESTERN BELL TELEPHONE COMPANY, s Missouri corporation, (hel hmt er rcferi ed to as GRANTEE"), wherein GRANTOR, in consideralion of the sum of ONE THOUSAND DOLLARS ($1,OO0.0O), sad other good and valuable consideration, receipt of whiell is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM .mto GRANTEE, its affiliates and subsidiaries, and their successors, assignees, lessees, licensees and agents (hereinafter collectively referred to as "GRANTEE"), a permanent easement (hereinafter referred to as the "Easement") as described hel in below for the purposes hereinafter set Peril1, upon, across, over, above, under and within a strip of land less than Four (4) feet in width, across GRANTOR'S tract of land located in Parker County, Texas, (hereinafter called "the Property"), and described as follows, to wit:
See Survey and Fiel,cl Notes that are attached as Exhibit "A" BEING a tract of land situated in the T. & P. Railroad Company Survey, Section 14, Abstract 1447, Parker County, Texas, also being situated in Lot 3, Carters's Addilion to the City of Weatherford, Parker County, Texas, and being out of and a portion of that certain tract conveyed to the City of Weattlerford from Edgar Mark Ford by Quit Claim Deed, dated May 30, 1991, and recorded In Volume 1500, Page, 1462, Deed Records, Parker County, Texas, and to the City of Weatherford from Freda Ford by Quit Claim deed dated May 30, 1991, and recorded in Volume 1500, Page 1468, Deed Records, Parker County, Texas, and being more particularly described by rnetes and bounds as follows:
COMMENCING at the southwest corner of said City of Weatherford tract, same being on the north Weatherford City limits line and on the east Right-of-Way of Franklin Street;
THENCE along the north Weatherford City limits line, same being the south line of said City of Weatherford tract, Sotlth 89 degrees 33 minutes 26 seconds East, a distance of 107.62 feet to the POINT OF BEGINNING hereof;
THENCE through the interior of said City of Weatherford tract the following three (3) courses:
1. North go degrees 15 minutes "10 seconds East, a.distance of 3.71 feet to a Point;
2. South 89 degrees 44 minutes 50 seconds East, a distance of 33.69 feet to a Point;
3, Soulh 00 degrees 15 minutes 10 seconds West, a distance of 3.82 feel to a Point, being on the north Weatherford City limits line, also being the south line of said City of Weatherford tract,
CENTERLINE UNDERGROUND EASEMENT-TEXAS Ver.5.09
Pg. 70 Morkel: Cell Site Number: Cell Sil¢ Nattl¢: Norlll Weathefford Fixed Asse{ Ntmlbcr:
THENCE along the norlh Weatherford City limits line, same being the south line of said City of WeaUlerford tract, North 89 degrees 33 minutes 26 seconds West, a distance of 33.69 feet to the POINT OF BEGINNING hereof and containing 0.0029 acres or 127 square feet of land, more or less.
NOTICE OF CONFIDENTIALITY RIGHTS: If you are a Natural Person, you may remove or strike any of tile following information fl'om this insh'ument before it is filed for record in lhe Public Records: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVEWS LICENSE NUMBER.
This agreement does not constitute a colweyance of" lhe Property, nor of tile minerals therein and thereunder, but grants only an Easement subject to {he following:
(a) This Easement is granted for the purpose of i)ermitting GRANTEE to constrncl, operate, maintain, protect, repah', relocate, upgrade, replace, and remove such underground communications, data, video and information systems and lines, circuits, and comluits, together with such other allpartenaaces thereto (collectively, the "Facilities"), as GRANTEE may fi'om time to tilae require el)on, sol'ass, ovel', above, under and within tile Easement.
(b) GRANTOR flu'thor conveys to GRANTEE the following incidental rights and powers: tile right of pedestrian mid vehicular ingress to and egress fi'om said Easement utilizing reasonable routes ael+ss the Property, including bat not limited to the right to use exisling and filture roads, parking lots, entrances and exits and all other paved areas of the Plvpedy; the right to clear and keep cleared trees, brash, and all other obstractiolls fi'om tile surface and subsurface of said Easement; the right to place on tile surface of the Easement manholes, cable risers, comlector terminals, repeaters, testing terminals and route markers; the right to construct, operate and maintain, or license others to do so, service lines for electric power; nnd, the right to install, maintain, and use gates in fences which cross said Easement.
(c) GRANTOR, its/their successors and assigns, shall have tl e right to use the surface of the Easement herein granted insofar as such use does not, in tile reasonable judglneat of tile GRANTEE, impair, interfere with or obstruct the use of the Easement by GRANTEE, or its successors and assigns. GRANTOR hereby covenants ¿hat no excavation, building, structure or other obstruction will be constructed, erected, built or permitted on surface of tile Easement and no change will be made ill the grade, elevation or contour of the Easement, nor any tree planted thereon, without the prior written consent of GRANTEE, which consent will not be unreasonably denied, delayed or conditioned.
((I) During tile period of installation, removal or replacement of the Facilities by GRANTEE within the Easement herein granted, GRANTEE shall have tile right to use as telnpot ry construction easements so much of tile surface of tile Property as may be reasonably necessary for GRANTEE'S eonslrtlction, installation, removal or l'eplacement of said Facilities. Following the initial iaslallafion of GRANTEE'S Facilities, and also after any later activities by GRANTEE which affect the Property, GRANTEE shall promptly restore the grolulds affected thereby to as Heady as practicable tile salae condition that existed prior to such activity.
(e) Tile Easement granted hereby is subject to all valid and subsisting oil, gas, sniffs', alld mineral leases, unitization agreements, deeds, casements, rights-of-way, restrictive covenants,
CENTERLINE UNDERGROUND EASEMENT- TEXAS Ver.5.09
Pg. 71 Mnrkel: Cell Site N .nber: X21.O 2LZL C¢11 Site am e: Norlh Weathefford Fi×ed Asset Numbcf: mineral and royally graelts and rescJ'vations, or other iaslrtuneats now of record v,,hicll affect the Easement.
If) GRANTOR warrants that he/she/they are the ow.ers of tile Properly occupied by tile Easement herein granted, and that GRANTOR has the right to make this coaveyance and receive tile consideration thcrefol'e. GRANTOR covenants that GRANTEE may quietly enjoy the Easement for the uses herein stated.
(g) NOTWITHSTANDING ANY PROVISION OF TIllS EASEMENT TO THE CONTRARY, IN NO EVENT SHALl, EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OIL CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS OF ANY OTHER THIRD PARTIES, OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY.
(t0 GRANTEE hereby agrees to save and hold harmless tile GRANTOR fi'om and against any and all claims, demaads, or causes of aetiolx of whatever nature, asserted by others which are caused by or arise in auy manner out of acts or omissions of GRANTEE, its employees, or at y other persons acting under its COlltrol, ill the use and occupancy of the Easement herein granted.
TO HAVE AND TO HOLD the above described Easement, together with all and singular the rights and appurtenaeces thereto belonging, unto GRANTEE, its successors and assig,s, forever, and GRANTOR does hereby bind its self, and its heirs and assigns, to warrant and forever defend all aad singldar the Easement unto GRANTEE and its successors and assigas, against every person whonlsoever lawftilly claiming or to claim tile same, or any l)at't Ihereof.
SIGNED AND EXECUTED this__ City of Weatherror(I, a Mlulieil)al Corporation ill Parker CoIJIIty, TX By: Title: CENTERLINE UNDERGROUND EASEMENT- TEXAS Vet.5.09 Pg. 72 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF PARKER BEFORE ME, tile undersigned aulhol'ity, on this clay personally appeared ., known to me to be tile pol'SOn whose name is/are subscribed to tile foregoing insh'umant and acknowledged to me that he/they executed the same for purposes and considerations therein expressed and in the capacity so stated. Given under my hand and seal of office this the day of. 2010. Notary Public in and for the State of My Commission Expires UNDERGROUND FACILITIES EASEMENT -- TEXAS Vet.5.09 Pg. 73 | II I iii i t .... 7, 7 .... i .... lI I • ' m. v uq SmE = -+7" ...... i'., i< -"," I I!i/ .... -7 ...... -q-.--;, ,-- I , -LI 1 I -- r- i :-L-__' I I i,a -?. Ti ...... i _q t !l I . , - -,..----+" r., -- "-, • .. - " i I g .... 7 .Z_ r / \\ . ,, .41l T I!ii I I' I I llio I I I I # •ill ,t,,,,,":'" : ..... I1, +Xll|ll'llll ! !i!! l! i i ff 'li ""' I,,, 1, il}ll.,:'i!ll!' Illl:i t'pl! ii ! ti Iliii !1 [IIIi, IFi'ill i .... ,, hI i[,! t ' I1ili ,, I, , l lit I'l' t!,, ;hlh; i!lxl "l I!!!! .... 11 '," flltl [ l,, 111,,,,,,,,; IIIII l ii !i' I sf .t I If '1i{I I } ll!il i ,,, ,..., ,- ,, :;i;; 1!i I ! i!lllli 'e:{@!tl i : lii ]1 t I I ' Jim" • I,." #' " 71til l II I I I | dll 1Ii11,, Ii I l rl I Ul l" III I I I !!i!ii ,,, ; i,l,t I I:f II1 t, i l, IIt1{-I lii!il "i, ,,,, I , !fill ltiil , , , I .... I ,.lti II ill ;l'l! I IIHET lilLE. '1 , ',' 81TE 11 DX2178 N, WEATHERFORD J.O.M., In¢, 1700 FPJItgL I $IREET ¥,%, I[ OR O, IX Pg. 74 T T Ho lllty L Ol ffey W Lane Enrmo s Ot n{h,i f 34 To Whom It May Concern: Crafton Communications Is an authorized agent of AT&T Mobility / New Cingular Wireless ("AT&T") ill all matters concerning leases, rental amoLmts, and equipment changes. Goodman Networks Is a 8eeera] contractor performing construction and Installatioh of AT&T's equipment. If there are any questions please contact me at the numbers listed below. Thank you, Itll Baumgardaer anager- Real Estate & Construction lice: 817-994-0320 fax: 972-706-6364 E-mall: paul.baum [email protected] Pg. 75 Weatherford City Council AGENDA REPORT Meeting Date: July 13, 2010 Staff Contact: Janina Jewell Agenda Item: RS-071310-03 E-mail: [email protected] Phone: (817) 598-4220 SUBJECT: Discuss and consider Ordinance 494-2010-31 on first reading to approve the 2009-10 amended annual budget. BACKGROUND/DISCUSSION As presented by staff and allowed by Local Government Code, the Weatherford City Council is asked to amend the Fiscal Year 2009-2010 Weatherford Municipal Budget for "unusual and unforeseen conditions, which could not, by reasonable diligent thought and attention, have been included in the original budget." The attached Ordinance details by function those changes. Fiscal year 2009 ended with $26,767 in the Animal Shelter Fund and $18,149 has been collected this fiscal year in donations. City Council is being asked to appropriate $40,000 of these existing funds for authorized expenses at the animal shelter this fiscal year. FINANCIAL IMPACT Adoption of this budget ordinance would allow for the implementation of the amended 2009-10 Weatherford Municipal Annual Budget for all funds excluding the Utility fund as explained above. RECOMMENDATION Staff seeks City Council consideration of approval of an Ordinance on first reading to approve the 2009-10 Weatherford Municipal Amended Annual Budget. Attachments Ordinance 494-2010-31 RS-071310-03 Page 1 of 1 Pg. 76 ORDINANCE NO. 494-2010-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010, AND MAKING APPROPRIATIONS FOR THE SEVERAL DEPARTMENTS FOR SAID YEAR IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF WEATHERFORD, TEXAS AND THE LAWS OF THE STATE OF TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE. Whereas, The City Council finds that all provisions pertaining to the adoption of a budget contained in the City Charter and Ordinances of said City, and the laws of the State have been in all things complied with, and Whereas, after full and final consideration, the City Council is of the opinion that the revised budget should be approved and adopted, and that appropriations for the several departments for said fiscal year should be amended as proposed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS: Section 1: That the revised budget estimate of the expenditures of the City of Weatherford, Texas, for conducting the affairs thereof for the fiscal year ending September 30, 2010 be and the same is, in all things adopted and approved as the amended budget estimate of all current expenses and fixed charges against said city for the fiscal year ending September 30, 2010. Section 2: That there be, and hereby are appropriated the following sums of money for each of the designated departments, purposes, and uses for the current year ending September 30, 2010, being within and as provided in said budget, to-wit: Adopted 2009-10 Adjustment Amended 2009-10 GENERAL FUND City Council $ 79,498 $ 79,498 Administration $ 676,587 $ 676,587 Economic Development $ 178,547 $ 178,547 Planning & Development $ 737,391 $ 737,391 Human Resources $ 242,888 $ 242,888 Finance – Administration $ 212,523 $ 212,523 Finance – Accounting/Purchasing $ 238,557 $ 238,557 Public Works - Administration $ 315,634 $ 315,634 Public Works - Field Services $ 20,094 $ 20,094 Public Works - Traffic Control $ 169,259 $ 169,259 Community Development - Administration $ 201,479 $ 201,479 Sanitation -Vehicle/ Equipment Maintenance $ 161,149 $ 161,149 Pg. 77 Community Development - Street Maintenance $ 1,338,077 $ 1,338,077 First Monday $ 97,317 $ 97,317 Community Development - Public Market $ 3,350 $ 3,350 Parks $ 842,249 $ 842,249 Recreation $ 452,013 $ 452,013 Community Development - Facilities Maintenance $ 517,849 $ 517,849 Police Services $ 6,460,015 $ 6,460,015 Community Development - Animal Control $ 597,032 $ 597,032 Community Dev. - Code and Health Services $ 198,924 $ 198,924 Fire Protection $ 4,441,296 $ 4,441,296 City Attorney $ 136,610 $ 136,610 Finance - Municipal Court $ 280,488 $ 280,488 Public Library $ 1,082,898 $ 1,082,898 Library Grants $ 74,807 $ 74,807 Bad Debt Expense $ 3,000 $ 3,000 Parker County Appraisal District $ 122,443 $ 122,443 Audit Services $ 45,000 $ 45,000 Parker County Committee on Aging $ 30,000 $ 30,000 Rape Crisis / Freedom House $ 15,000 $ 15,000 Weatherford Economic Development Authority $ 226,700 $ 226,700 OPEB Contribution $ 406,135 $ 406,135 Other Non-Departmental $ 250,000 $ 250,000 Transfer to Other Funds $ 140,710 $ 140,710 Total General Fund Expenditures and Transfers $ 20,995,519 $ - $ 20,995,519 SOLID WASTE FUND $ 2,363,094 $ 2,363,094 CAPITAL PROJECT FUNDS General Capital Projects Fund $ 447,000 $ 447,000 Park Development Fund $ 36,600 $ 36,600 Series 2007 C.O. Fund $ 5,007,343 $ 5,007,343 GENERAL DEBT SERVICE FUND $ 4,137,400 $ 4,137,400 SPECIAL REVENUE FUNDS State Forfeiture Fund $ 14,102 $ 14,102 Federal Forfeiture Fund $ 130,000 $ 130,000 Hotel/Motel Tax Fund $ 770,721 $ 770,721 TCDP - SFX Grant Fund $ 22,368 $ 22,368 TCDP - Weatherford Aerospace Grant Fund $ 13,875 $ 13,875 Chandor Gardens Fund $ 270,213 $ 270,213 Animal Shelter Fund $ - $ 40,000 $ 40,000 Library Special Revenue Fund $ 11,275 $ 11,275 Municipal Court Technology Fund $ 18,000 $ 18,000 Municipal Court Building Security Fund $ 30,330 $ 30,330 Juvenile Case Manager Fund $ 17,000 $ 17,000 Doss Permanent Fund $ 1,899 $ 1,899 Pg. 78 for the reasonable and proper expenditures of so much of each of said sum as aforesaid itemized, not in excess of the amounts designated, as may be necessary for the operation of said Departments, purposes and uses, by the persons and in the manner provided and authorized by laws. Section 3: 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 portions of this ordinance, and the City Council hereby declares that it would have passed such remaining portion despite such invalidity or unconstitutionality. The foregoing ordinance was introduced, read, approved, passed and adopted by the City Council of the City of Weatherford, Texas, at it’s meeting on the 13th day of July, 2010, by the following vote: Ayes___No___; and was read, approved, passed and adopted on the final reading at a meeting of the City Council held on the 27th day of July, 2010, by the following vote: Ayes____No____ CITY OF WEATHERFORD, TEXAS ______Dennis Hooks, Mayor ATTEST: ______Laura Simonds, City Secretary APPROVED AS TO FORM: ______Ed Zellers, City Attorney Pg. 79 Weatherford City Council AGENDA REPORT Meeting Date: July 13, 2010 Staff Contact: George Teague Agenda Item: RS-071310-04 E-mail: [email protected] Phone: 817-598-4282 SUBJECT: Consider and/or act upon the continuation of a partnership between the City of Weatherford Fire Department and Family Powersports for the use of loaned equipment to provide fire and public safety services at Lake Weatherford. BACKGROUND/DISCUSSION The Weatherford Fire Department (WFD) has the opportunity to continue a partnership through Family Powersports, a local business establishment, for the use of two new and unused Yamaha personal water craft and one new Rhino ATV. These units will be utilized at Lake Weatherford for fire and public safety response. The rescue units are intended primarily for use at Lake Weatherford but the partnership will also allow the WFD to assist other local agencies as needed. FINANCIAL IMPACT The equipment will have a six month term usage at which time it will be returned to Family Powersports and exchanged for new and unused equipment. The WFD will be responsible for preventive maintenance and any damages not covered by each unit's warranty. Financial impact is expected to be minimal. RECOMMENDATION Staff recommends that Council approve the community partnership between the Weatherford Fire Department and Family Powersports. RS-071310-04 Page 1 of 1 Pg. 80 Weatherford City Council AGENDA REPORT Terry Hughes, Director Meeting Date: July 13, 2010 Staff Contact: Transportation and Public Works Agenda Item: RS-071310-05 E-mail: [email protected] Phone: 817-598-4244 SUBJECT: Discuss and consider approval of Change Order to the contract with Ed Bell Construction Company to modify the U-turn bridge at FM Highway 2552 to provide additional adequate clearance to the main lanes of Interstate Highway 20. BACKGROUND/DISCUSSION A few months a truck carrying an oversized load struck the new U-turn bridge at FM Highway 2552. While investigating the accident it was discovered that the bridge beams didn't meet the approved design height. Further investigation revealed that data used for the bridge design didn’t account for the interstate drive lane cross slopes which made the inside drive lanes 8” higher than the outside drive lanes. This means that the bridge beams didn’t meet the 16’ 6” required design height. Dannenbaum Engineering Corp. has designed a correction process that will elevate the beams to meet the required height. The process will require removing the cross beams and adding concrete to a single beam support bent. Although Dannenbaum Engineering Corp. agreed to pay all the cost associated with the modification, Ed Bell Construction Company only wanted to work for the City. The arrangement will come in the form of a change order to the existing contract between the City and Ed Bell and an agreement between the City and Dannenbaum Engineering Corp. in which Dannebaum will escrow the amount of the change order with the City to pay the cost of the change order. The amount of the change order is $161,969.95. FINANCIAL IMPACT None RECOMMENDATION Staff recommends approval of the Change Order no. 2 in the amount of $161,969.95. A copy of the Change Order and the Settlement Agreement are available in the City Manager’s Office. RS-071310-05 Page 1 of 1 Pg. 81 Weatherford City Council AGENDA REPORT Meeting Date: July 13, 2010 Staff Contact: Robert Hanna, ACM RS-071310-06 E-mail: [email protected] Phone: 817-598-4130 SUBJECT: Receive a report, hold a discussion and provide staff direction on pursuing grant funding for fire, police and utility vehicle replacements for FY 2011. BACKGROUND/DISCUSSION Staff is working with Kathy Daniels (a grant expert) to identify and secure funding for vehicle purchases in FY 2011. There are several vehicles that need to be replaced from a safety standpoint and staff is trying to cover some or all of the costs with grant dollars. As it stands now, we appear eligible for approximately 40% to 50% of funding for a fire engine and several utility trucks. Staff is requesting Council to support the grant application request. While funding is not guaranteed, our application is competitive and the vehicles need to be replaced regardless if grant funds are awarded. A detailed presentation will be made at the Council meeting. FINANCIAL IMPACT The grant will offset approximately 40% to 50% of capital acquisition costs that will be made regardless if the funds are awarded (assuming Council approves them in the budget for FY 2011). RECOMMENDATION Staff recommends Council support making application for the funds. RS-071310-06 Page 1 of 1 Pg. 82 Weatherford City Council AGENDA REPORT Meeting Date: July 13, 2010 Staff Contact: Robert Hanna, ACM RS-071310-07 E-mail: [email protected] Phone: 817-598-4130 SUBJECT: Receive a report, hold a discussion and consider Ordinance 493-2010-30, extending Empowerment Zone incentives to a Habitat for Humanity building project located at 1508 N Elm Street in North Side Empowerment Zone. BACKGROUND/DISCUSSION Habitat for Humanity submitted a building permit application and paid the associated fees for the project shortly after Council adopted the Ordinance creating the North Side Empowerment Zone. Staff is requesting Council adopt the attached Ordinance authorizing staff to refund Habitat for those expenses. This would be the first Economic Development Agreement approved for the North Side Empowerment Zone. FINANCIAL IMPACT With approval of this Ordinance, staff will reimburse Trinity Habitat $3,356.64 for abatable expenses under the Empowerment Zone. RECOMMENDATION Staff recommends approval of the Ordinance as proposed. Attachments Permit application Ordinance 493-2010-30 RS-071310-07 Page 1 of 1 Pg. 83 Pg. 84 Pg. 85 Pg. 86 Pg. 87 Pg. 88 Pg. 89 Pg. 90 Pg. 91 Pg. 92 Pg. 93 ORDINANCE NO. 493‐2010‐30 AN ORDINANCE OF THE CITY OF WEATHERFORD, TEXAS ENTERING INTO AN ECONOMIC DEVELOPMENT AGREEMENT FOR THAT CERTAIN PROPERTY LOCATED IN A NEIGHBORHOOD EMPOWERMENT ZONE WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF WEATHERFORD AND CREATED PURSUANT TO CHAPTER 378 OF THE TEXAS LOCAL GOVERNMENT CODE; AND PROVIDING LOCAL INCENTIVES; AND PROVIDING A SEVERABILITY CLAUSE WHEREAS, the City of Weatherford, Texas (the “City”) desires to encourage the investment of private resources in productive business enterprises and single family housing units in the area commonly known as the North Side Empowerment Zone (the “Zone”) as created under Ordinance 482‐2010‐19 by the City Council of the City of Weatherford; and WHEREAS, the City Council finds that this agreement furthers the goals and purposes of the North Side Empowerment Zone, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS: Findings of Fact. The above and foregoing recitals are hereby found to be true and correct and are incorporated herein as findings of fact. The City Council further finds and determines that the rules, regulations, terms, conditions, provisions and requirements of this ordinance are reasonable and necessary to protect the public health, safety and quality of life in the City. SECTION 1. That the City hereby authorizes the following economic development incentives for that certain property located at 1508 N. Elm Street in Weatherford, Texas: (a) Building Permit fees are waived (b) Impact fees are waived SECTION 2. In the event the fees identified in Section 1 have already been paid to the City, then the City Manager is hereby authorized to issue a refund to the responsible party making the initial payment. Resolution of Conflicting Ordinances. In the event of a conflict or inconsistency between this ordinance and any other code or ordinance of the City, save and except the provisions of the Comprehensive Zoning Ordinance, the provisions of this ordinance shall control. Nothing adopted herein is intended to, in any way, nor shall any such provision be deemed to supersede or control over the provisions of the Comprehensive Zoning Ordinance. Savings Clause. All rights and remedies of the City of Weatherford are expressly saved as to any and all provisions of any ordinance affecting fees of the City and to any and all violations of the provisions of any prior ordinance pertaining to animal control and regulations within the City which have accrued as of the effective date of this ordinance; and as to such accrued fees, collection activity, violations and any Pg. 94 pending litigation, both civil and criminal, whether pending in court or not, under such prior ordinances, same shall not be affected by this ordinance but may be prosecuted and pursued until final disposition by the courts. Effective Date. This ordinance shall take effect immediately from and after its passage and publication in accord with the provisions of the Texas Local Government Code. Severability. It is the express intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, sentence, paragraph or section should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance as the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision, and to this end the provisions of this ordinance are hereby declared to be severable. Open Meetings. The City Council finds and determines that the meeting at which this ordinance is passed was open to the public as required by law and that public notice of the time, place and purpose of said meeting was duly given as required by the Texas Open Meetings Act. PASSED AND APPROVED ON FIRST READING BY A VOTE OF AYES AND NO ON THE DAY OF , 20 . PASSED AND ADOPTED ON SECOND READING BY A VOTE OF AYES AND NO ON THE DAY OF , 20 . Pg. 95 ATTEST: THE CITY OF WEATHERFORD, TEXAS ______City Secretary Mayor Pg. 96 APPROVED AS TO FORM: ______City Attorney Pg. 97