City Council Meeting July 2, 2019

City Council Meeting

July 2, 2019

111 W. Lyndale, Robinson, TX, 76706-5619 Phone (254) 662-1415 │ Fax (254) 662-1035

PUBLIC NOTICE

THE ROBINSON CITY COUNCIL WILL MEET ON TUESDAY, JULY 2, 2019 AT 6:00 P.M. IN THE COUNCIL ROOM AT ROBINSON CITY HALL, 111 WEST LYNDALE, ROBINSON, TEXAS TO CONSIDER AND ACT ON THE ITEMS ON THE FOLLOWING AGENDA.

1. Call to order.

2. Invocation provided by Shane Alexander, Pastor of Robinson Church of Christ

3. Pledge of Allegiance.

4. Roll Call.

5. Citizen Comments.

6. Introduce Officer Leslie Ryon Perry and Officer Blake Blakeney with the Robinson Police Department.

CONSENT AGENDA

7. Approve Minutes: June 4, 2019 and June 19, 2019.

8. Consider and possible action approving Resolution 2019-007-R declaring certain City owned property as surplus.

9. Consider and possible action approving Resolution 2019-008-R authorizing the Mayor to adopt and implement the McLennan County Hazard Mitigation Action Plan as it relates to the City of Robinson.

City Council Meeting Agenda July 2, 2019 Page 1 of 3

10. Consider and possible action approving the Public Health Emergency Cooperative Agreement with Waco-McLennan County Public Health District.

11. Consider and possible action regarding the ratification of the removal of Justin Jimenez as a Member of the Zoning Board of Adjustment due to moving out of the City, and Trey Scherwitz as a member of the Planning and Zoning Commission for excessive absences.

REGULAR AGENDA

12. Conduct a pre-appointment interview, and consider and possible action on an appointment to fill the unexpired vacancy on the Planning and Zoning Commission for the term ending November of 2019.

13. Conduct a pre-appointment interview, and consider and possible action on an appointment to fill the unexpired vacancy on the Zoning Board of Adjustment for the term ending November of 2019.

14. PUBLIC HEARING: Conduct a public hearing, consider and possible action on Ordinance 2019-014 regarding the application of Butch and Robin Mogavero requesting a zoning change from R/O Retail/Office to SF-1 Single Family Residential on the 0.65-acre Tract 4A in the M. Martinez Survey, addressed at 1305 South Robinson Drive, and an amendment to the Future Land Use Plan within the Community Visions 2034 Comprehensive Plan

15. PUBLIC HEARING: Conduct a public hearing, consider and possible action on Ordinance No. 2019-015 providing for amendments to the FY 2018-2019 budget to reflect appropriation transfers as outlined in Exhibit A of the ordinance.

16. Consider and possible action on Ordinance 2019-016 amending Ordinance 2018-009 increasing the rates for solid waste and recycling services.

17. Consider possible action on all matters necessary and proper to carry out the transfer of assets and operations of WMARSS including approval of the Interlocal Agreement and Wholesale Wastewater Contract, and authorize the City manager to execute all instruments to carry out the Council’s intent that may arise as part of the transaction.

18. Consider and possible action casting votes for Place 5 Director (Precinct 1 Region) of the McLennan County Rural Transit District Board of Directors.

19. Receive public and council comments and input on the City of Robinson Stormwater Management Plan to be submitted in compliance with the Texas General Permit for Stormwater Discharges from Phase II (Small) Municipal Separate Storm Sewer Systems (MS4s). City Council Meeting Agenda July 2, 2019 Page 2 of 3

20. Councilmember requests for items to be placed on future agendas.

21. Adjourn.

*The Governing Body reserves the right to go into Executive Session on any of the above items as provided by Government Code Chapter 551.

*Public Hearings will be held in accordance with procedures set forth in Resolution R-95-011, adopted by the City Council on June 13, 1995.

Note: Persons with disabilities who plan to attend this meeting and who need auxiliary aids or services should contact the City Secretary at 254-662-1415 at least twenty-four (24) hours before this meeting so that appropriate arrangements can be made.

City Council Meeting Agenda July 2, 2019 Page 3 of 3

COUNCIL AGENDA ITEM MEMORANDUM

Regular Agenda Item Date Submitted: 06/27/2019 Meeting Date: 07/02/2019 Item #1-4

1. CALL TO ORDER:

2. INVOCATION: Pastor Shane Alexander with Robinson Church of Christ.

3. PLEDGE OF ALLEGIANCE:

4. ROLL CALL:

PRESENT ABSENT

ROGERS ______

MASTERGEORGE ______

LANE ______

ECHTERLING ______

STIVENER ______

JANICS ______

EUBANK ______

COUNCIL AGENDA ITEM MEMORANDUM

Regular Agenda Item Date Submitted: 06/27/2019 Meeting Date: 07/02/2019 Item #5

DEPT./DIVISION SUBMISSION & REVIEW: Bert Echterling, Mayor

ITEM DESCRIPTION: Citizen Comments.

STAFF RECOMMENDATION:

ITEM SUMMARY: This is an opportunity for citizens to address the City Council on matters which are not scheduled for consideration. In order to address the Council, please complete a Speaker’s Request Form and submit to the City Secretary prior to the start of the Council meeting. All comments must be directed to the Presiding Officer, rather than an individual Council Member or city staff. Comments are limited to three minutes and must pertain to the subject matter listed on the Speaker’s Request Form. Council may not comment publicly on issues raised, but may direct the City Manager to resolve or request the matter to be placed on a future agenda. Such public comments shall not include any “deliberation” as defined by Chapter 551 of the Government Code, as now or hereafter amended.

FISCAL IMPACT: N/A

ATTACHMENTS:

COUNCIL AGENDA ITEM MEMORANDUM

Date Submitted: 06/27/2019 Meeting Date: 07/02/2019 Agenda Item #6 DEPT./DIVISION SUBMISSION & REVIEW: Chief of Police Phillip Mark Prasifka

ITEM DESCRIPTION: Introduce Officer Leslie Ryon Perry and Officer Blake Blakeney with the Robinson Police Department.

STAFF RECOMMENDATION: Introduction only, no action to be taken

ITEM SUMMARY: N/A

FISCAL IMPACT: N/A

ATTACHMENTS: N/A

COUNCIL AGENDA ITEM MEMORANDUM

Consent Agenda Item Date Submitted: 06/27/2019 Meeting Date: 07/02/2019 Item #7

DEPT./DIVISION SUBMISSION & REVIEW: Jana Lewellen, City Secretary

ITEM DESCRIPTION: Approve Minutes: June 4, 2019 and June 19, 2019.

STAFF RECOMMENDATION: Approve minutes as presented in item description.

ITEM SUMMARY: Minutes have been provided for review.

FISCAL IMPACT: None

ATTACHMENTS: June 4, 2019 Regular Meeting Minutes June 19, 2019 Special Called Meeting Minutes

MINUTES OF CITY COUNCIL MEETING JUNE 4, 2019

1. Call to order. Meeting was called to order at 6:00 P.M. by Mayor Bert Echterling.

2. Invocation. Councilmember Brenton Lane provided the Invocation.

3. Pledge of Allegiance. Council, Staff, and Citizens joined in the Pledge of Allegiance.

4. Roll Call. Councilmembers present: Jim Mastergeorge, Brenton Lane, Bert Echterling, Jeremy Stivener, Steve Janics, and Jimmy Eubank. Councilmember Jimmy Rogers was absent.

5. Citizen Comments. Linda Vaughn, 2913 N 43rd Street, Waco, Texas 76710 announced the Robinson Area Lions Club domino and 42 tournaments on June 22, 2019, the First Responder Appreciation Dinner on September 10, 2019, the Chamber Semi-Annual Membership Meeting on September, 24, 2019, and the Robinson Christmas Parade on December 5, 2019. Ceji Wesolick, 223 Valley View Street, Robinson, Texas 76706, spoke regarding the importance of animal control and awareness, as well as commending City of Robinson Animal Control Officer Karl Wamsley and the Robinson Police Department for their efforts in assisting Lost Pets of Robinson.

CONSENT AGENDA

6. Approve Minutes: May 7, 2019 and May 30, 2019.

7. Consider and possible action on Ordinance 2019-011 regarding an amendment to the sign ordinance to define off-premises sign and clarify off-premises sign regulations.

8. Consider and possible action on Ordinance 2019-012 changing the name of George Brooks Drive to Brooks Lane and directing actions necessary with regard thereto.

9. Consider and possible action on Resolution 2019-006-R authorizing the appointment of Mayor Bert Echterling as the voting representative for the City of Robinson to the Waco Metropolitan Planning Organization.

10. Consider and possible action on Resolution 2019-007-R amending, reviewing and approving the written investment policy.

11. Consider and possible action regarding the ratification of the removal of Matthew Robinson as alternate on the Zoning Board of Adjustment due to excessive absence.

Councilmember Brenton Lane motioned to approve Consent Agenda Items 6-11 as presented. Councilmember Jim Mastergeorge seconded this motion. Voting in favor:

City Council Meeting Minutes June 4, 2019 Page 1 of 3

Mastergeorge, Lane, Stivener, Janics, Eubank and Echterling. There were no opposing votes and motion carried unanimously.

REGULAR AGENDA

12. PUBLIC HEARING: Conduct a public hearing, consider and possible action on Ordinance 2019-013 regarding the application of Brad Price on behalf of K4 Custom Homes LLC requesting a zoning change from C-2 Commercial to MF-1 Multi-family Residential on a 1.642-acre tract out of the M. Martinez Survey, being proposed Lot 1, Block 1 of the Helpert Addition addressed at 100 Kettler Drive, and an amendment to the Future Land Use Plan within the Community Visions 2034 Comprehensive Plan. Mayor Bert Echterling opened the Public Hearing at 6:09 PM. Director of Planning and Development Justin French presented this item, and stated the applicant requests this rezoning in order to initially develop eight multi-family dwelling units on the proposed Lot 1, Block 1 of the Helpert Addition. The applicant’s concept plan indicates later construction of another eight multi-family dwelling units at the subject site. Mr. French stated staff has not received any returned notices on the requested MF-1 zoning from the surrounding property owners located within 200 feet of, and the Planning and Zoning Commission recommended approval by a vote of 3-1 at their May 21st meeting. Keith Helpert, 109 Hoffmeyer, Robinson, Texas 76706, stated he felt the proposed dwelling units were a good fit for the property, and respectfully requested approval. After no additional comments or questions, the Public Hearing was closed at 6:16 PM. Councilmember Lane felt this could potentially spur additional development in the surrounding area. Mayor Pro Tem Stivener stated he was in favor of the multi-family use given the already existing duplex’s in close proximity to the property. Mayor Echterling asked if the units would be required to have masonry. City Manager Craig Lemin stated yes, they will comply with the 80% masonry requirements, as well as landscaping, parking, and street frontage. Councilmember Jim Mastergeorge motioned to approve Ordinance 2019-013 regarding the Zoning Change from C-2 to MF-1 as presented. Councilmember Brenton Lane seconded this motion. Voting in favor: Mastergeorge, Lane, Stivener, Janics, Eubank, and Echterling. There were no opposing votes and motioned carried unanimously.

13. Consider and possible action awarding the contract for 2018 Street Program to Kasparian Contractors, LLC at a total cost of $5,369,228. City Manager Craig Lemin presented this item and stated the City recently went out for bid for the 2018 Street Program. The engineer’s opinion of probable cost for the project was $5,369,228. Mr. Lemin stated four companies submitted bids that ranged from $5,369,228 to $7,140,740.51, and said the low bid was from Kasparian Contactors, LLC. Mr. Lemin stated Walker Partners has worked with them on multiple projects and found them to be acceptable and reliable, and recommends we award the bid to the low bidder, Kasparian Contractors, LLC. Councilmember Brenton Lane asked if any funding has been set aside

City Council Meeting Minutes June 4, 2019 Page 2 of 3

for inspections and testing. Clark Gauer with Walker Partners stated yes, and 20 hours of inspection time was the average; however, they may use 15 hours to help ensure they have allotted enough hours to cover the full term of the 12-month contract.

14. Presentation and discussion regarding ordinances to expand occupancy regulations to further implement the Community Visions 2034 and establish regulations for open air vending. Director of Planning and Development Justin French presented this item and provided an overview to include the current process for certificates of occupancy, the goals and objectives of the Community Vision 2034 Plan, progressive zoning enforcement options, and open-air vending examples. Following discussion, the overall consensus of Council was for staff to research neighboring cities regarding occupancy regulations, provide education to new business owners regarding the occupancy regulations, provide an appeal process to business owners, and to become more aggressive without infringement upon the business owners. Council also felt open air vending should be allowed in established uses; however, the number of open-air vending establishments in each area should be limited. No action taken.

15. Councilmember requests for items to be placed on future agendas. Councilmember Jim Mastergeorge requested an update regarding the Building Standards Commission. Councilmember Steve Janics requested staff to research excessive truck traffic along Highway 77.

16. Adjourn. Meeting adjourned at 7:39 p.m.

______Bert Echterling, Mayor

ATTEST: ______Jana Lewellen, City Secretary

City Council Meeting Minutes June 4, 2019 Page 3 of 3

MINUTES OF SPECIAL CALLED MEETING JUNE 19, 2019

1. Call to order. Meeting was called to order at 6:00 P.M. by Mayor Bert Echterling.

2. Roll Call. Councilmembers present: Jimmy Rogers, Jim Mastergeorge, Bert Echterling, Jeremy Stivener, and Steve Janics. Councilmembers Brenton Lane and Jimmy Eubank were absent.

3. Consider and possible action awarding the contract for the South Pond Force Main Reroute and Downstream Gravity Extension to BRCT, LLC dba Blackrock Construction for a total cost of $1,499,693. City Manager Craig Lemin and Clark Gauer with Walker Partners presented this item to Council. Mr. Lemin stated we recently went out for bid for the South Pond Force Main Reroute and Downstream Gravity Extension, and the engineer’s opinion of probable cost for the project was $1,540,000. Mr. Lemin stated two companies submitted bids, and the low bid from BRCT, LLC dba Blackrock Construction for $1,499,693. Clark Gauer stated Walker Partners has worked with Blackrock Construction on two previous projects, and they found their work acceptable on one project, they felt Blackrock Construction’s performance was unsatisfactory on the other project. Mr. Gauer said due to this, they requested additional information which is noted in their recommendation letter which Blackrock Construction provided. Mr. Lemin stated Blackrock has indicated they are ready, willing and able to meet the requirements of the contract including the requirement that the Tate section of the project be completed before school resumes. Mr. Lemin said Blackrock has demonstrated that they have completed numerous other utility projects of similar size and scope, and the cities of Hewitt and Lorena have indicated that Blackrock Construction has performed acceptably on their projects. Mr. Gauer is requesting that we consider full time Resident Project Representative services during this project or at a minimum, at least for the first 30 to 60 days of the project. Harold Gamblin, Owner/Operator of Blackrock Construction was in attendance and available for questions. Mr. Gamblin provided a brief overview of their work history as well as the issues faced regarding the unsatisfactory project. Mayor Bert Echterling asked Mr. Gamblin if he was aware of the critical timeline. Mr. Gamblin stated yes, and Blackrock was ready to start the project in order to meet the deadline if awarded. Councilmember Jeremy Stivener motioned to award the contract for the South Pond Force Main Reroute and Downstream Gravity Extension to BRCT as presented. Councilmember Steve Janics seconded this motion. Voting in favor: Rogers, Mastergeorge, Stivener, Janics, and Echterling. There were no opposing votes and motioned carried unanimously.

4. Adjourn. Meeting adjourned at 6:14 p.m.

Special Called Meeting Minutes June 19, 2019 Page 1 of 2

______Bert Echterling, Mayor

ATTEST:

______Jana Lewellen, City Secretary

Special Called Meeting Minutes June 19, 2019 Page 2 of 2

COUNCIL AGENDA ITEM MEMORANDUM

Consent Agenda Item Date Submitted: 06/26/2019 Meeting Date: 07/02/2019 Agenda Item #8 DEPT./DIVISION SUBMISSION & REVIEW Phillip Mark Prasifka, Chief of Police

ITEM DESCRIPTION: Consider and possible action approving Resolution 2019-007-R declaring certain City owned property as surplus.

STAFF RECOMMENDATION: Approve Resolution 2019-007-R declaring certain property as surplus and authorizing the City Manager to execute the sale or disposal of said property.

ITEM SUMMARY: There currently exists property and/or equipment that belong to the City of Robinson that is no longer in use, or is antiquated, or has been replaced. Such surplus property has been accumulated over time and exists across different departments of the City. Most of the property has some value, but is not useful for the City. The list of property is recorded as Exhibit 1, which is part of the proposed Resolution. Included in the properties are vehicles that are currently taking up space and/or are inoperable.

Staff utilized Rene’ Bates Auctioneers, Inc., for the auction that was just recently completed. Staff is evaluating options for the next auction. The City of Robinson will pay no funds from the City coffers to whatever auctioneer is chosen. The online auction that closed recently netted the City over $30,000.00 in revenue. Online auctions are allowed by State Law and the proposed Resolution approves the City Manager to execute the sale and/or disposal of the surplus property in accordance with established Law.

FISCAL IMPACT: The City would be responsible to pay for any advertising of the sale in a local publication (if necessary). This was not a requirement in the recent auction. The monies from the sale of the surplus equipment/property would be accounted for as Revenue for the current year budget. The exception would be for the vehicles that are Police seizures, those funds would be placed into the Seizure Fund, less a percentage that goes to the District Attorney’s Office, per existing Agreement.

ATTACHMENTS: Resolution

CITY OF ROBINSON, TEXAS

RESOLUTION NO. 2019-007-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROBINSON, TEXAS, DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SALE OR DISPOSAL OF SAID PROPERTY.

WHEREAS, the City Council of Robinson, Texas desires to alleviate the City of Certain surplus property; and

WHEREAS, the City of Robinson has legal title and/or legally owns said surplus property; and

WHEREAS, the City of Robinson desires to dispose of the surplus property listed on the attached Exhibit “A”.

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

SECTION 1. The recitals set forth in the WHEREAS clauses of this Resolution are true and correct and constitute findings and determinations by the City Council acting in its legislative capacity.

SECTION 2. The City Council of Robinson, Texas hereby declares the attached Exhibit “A” as surplus property.

SECTION 3. The City Manager is hereby authorized to dispose of the property in accordance with state law.

SECTION 4. That sections, paragraphs, sentences, phrases, clauses and words of this Resolution are severable and if any phrase, clause, sentence, paragraph, or section of this Resolution shall be declared invalid or unconstitutional by the valid and final judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and section of this Resolution, since the same would have been enacted by the City Council without the incorporation in this Resolution of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.

SECTION 5. This Resolution shall become effective upon its passage by the City Council of the City of Robinson, Texas.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROBINSON, TEXAS, this 2nd day of July, 2019.

CITY OF ROBINSON, TEXAS

Bert Echterling, Mayor

ATTEST:

Jana Lewellen, City Secretary

EXHIBIT “A”

Robinson P.D. Surplus Equipment

1 – 2005 Ford Expedition, vin #1FMPU15565LB01963, mileage 146,582

1 – 2010 Ford Crown Victoria, vin #2FABP7BVXAX131502, mileage 129,676

2 – center consoles [1 metal / 1 plastic]

1 – center console [plastic unit 003]

1 – Setina partition [unit 003]

1 – Pro-gard partition [*did not sale at June Auction]

3 – center consoles [2 metal / 1 plastic]

1 – box with 13 Streamlight & miscellaneous type 20X flashlights

5 – Mobile Vision body mics and docking stations

13 – Mobile Vision leather mic cases

6 – Mobile Vision cameras

3 – Mobile Vision monitors

1 – Whelen siren control box

1 – Federal Signal control box

1 – Public Safety siren control box

2 – Code 3 Arrow Stick controller

2 – Unknown brand light bar controller

2 – Universal battery chargers (AA / AAA / C / D/ 9V)

1 – Power 9V Battery Charger

3 – siren speakers

1 – Box of miscellaneous power cables & wires – Mobile Vision VHS units

2 – Mobile Vision VHS Vault units

5 – MDT Docking Stations & Box of miscellanouos MDT Stand hardware

1 – Sorrento Police Bike

1 – Diamond Back Police Bike

2 – Bike car carriers 1 – box old key code door mechanism

7 – Motorola Charging cradles, 5 spare batteries, 5 HT1250 radios, 2 HT750 radios, 3 shoulder mics, 1 CDM 1250 mobile radio

1 – Galls siren control box

1 – Canon EOS Rebel K2 film camera w/58 mm lens

1 – Tri-pod

Blue Tub: contents of tub below

5 – Big Sky Horizontal gun mount racks

3 – Siren control boxes

1 – Arrow stick control box

1 – Siren speaker

4 – Flashlights & miscellaneous bulbs

8 – Motorola P100 Radius Radios with 2 chargers

1 – Old Motorola Radio w/charger

1 – Motorola Maxtrac car radio

Numerous radio car antennaes (old system)

1 – Progard upright gun rack______

1 – yellow colored Tundra brand case [seizure Case #14-04933)

1 – gray colored Sentry Safe brand metal combination safe (seizure Case #14-13569)

1 – black colored lock, American Lock USA #PFJ series 1105 with 1 key(award case #03-0660

1 – silver colored Ace lock with 1 key (award case #03-0660)

Surplus Trucks - Utilities

1999 Ford/F150 1FTRF17W8KKB50815

1998 GMC/C6500 1GDJ7H1P7WJ851690

2009 Ford/F350 1FTWF313R7AEB04771

1999 Ford/F150 1FTRF17WXXKB50816

2006 Ford/F350 1FTWF31P66ED43039

1996 Ford/F150 1FTDF1728VKA38861 YEAR Make/Model VIN

Surplus City Property -Planning

• Rolling Desk Chair with Swivel, Color: Black, Worn Upholstery • Rolling Desk Chair with Swivel, Color: Black, Worn Upholstery, High Back • IDEAL Paper Shredder with Lube and Operating Instructions, Works but currently has Paper Jam • 4-Shelf Metal Cabinet, 18”x36”x72”, Color: Black, No Key to Lock, Locking Mechanism Out of Alignment • 2011 Cannon iPF760 Larger Format Printer (36” Plotter) with paper 6 rolls of paper, user software, and owner’s manual, New Printhead and ink needed, even with new printhead it has unknown issue.

COUNCIL AGENDA ITEM MEMORANDUM

Consent Agenda Item Date Submitted: 06/26/2019 Meeting Date: 07/02/2019 Agenda Item #9 DEPT./DIVISION SUBMISSION & REVIEW: Phillip Mark Prasifka, Chief of Police

ITEM DESCRIPTION: Consider and possible action approving Resolution 2019-008-R authorizing the Mayor to adopt and implement the approved McLennan County Hazard Mitigation Action Plan as it relates to the City of Robinson.

STAFF RECOMMENDATION: Approve Resolution 2019-008-R authorizing the Mayor to adopt and implement the approved McLennan County Hazard Mitigation Action Plan.

ITEM SUMMARY: With the enactment of the Disaster Mitigation Act of 2000 and the publication of the Interim Final Rule for mitigation planning on February 26, 2002, the need for the State of Texas and local governments to have a FEMA-approved Hazard Mitigation Action Plan (HMAP) became necessary to remain eligible for specific assistance from FEMA, especially in regards to declared disaster. In anticipation of the current plan expiring and pending rule changes, this proposed plan has been completed and has received FEMA approval pending adoption and implementation of the plan by the City.

Each jurisdiction must have a FEMA-approved hazard mitigation plan meeting state and federal planning requirements in order to be eligible to received specified assistance under the Stafford Act.

The HMAP is expansive, too large to transmit electronically. It is available for review in the City Secretary’s Office.

FISCAL IMPACT: N/A

ATTACHMENTS: Resolution

RESOLUTION NO. 2019-008-R

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROBINSON, TEXAS:

That the Mayor shall be authorized to adopt and implement the approved McLennan County Hazard Mitigation Action Plan as it relates to the City of Robinson.

That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required.

PASSED AND APPROVED this 2nd day of July, 2019.

Bert Echterling, Mayor City of Robinson, Texas

ATTEST:

Jana Lewellen, City Secretary

COUNCIL AGENDA ITEM MEMORANDUM

Consent Agenda Item Date Submitted: 06/27/2019 Meeting Date: 07/02/2019 Agenda Item #10 DEPT./DIVISION SUBMISSION & REVIEW: Destiny DeLillo, Assistant to the City Manager

ITEM DESCRIPTION: Consider and possible action approving the Public Health Emergency Cooperative Agreement with Waco-McLennan County Public Health District to provide employees and clients with vaccinations or chemoprophylaxis in the event that the Strategic National Stockpile is requested to address a large-scale communicable disease outbreak, bioterrorism, or other public health emergency.

STAFF RECOMMENDATION: Recommend approval of cooperative agreement as presented in item description.

ITEM SUMMARY: An open POD (Point of Dispensing) site has been designated in Robinson. In response to a public emergency, local jurisdictions may need to provide medications, also known as medical countermeasures (MCM), to the public depending on the emergency. The MCM is provided to the public at PODs with the purpose of dispensing effective MCM to most people in the least amount of time. In order for this to be successful, the Waco-McLennan County Public Health District will partner with local governmental agencies along with other organizations as needed.

The creation of closed PODs plays in the success of an open POD by allowing city staff, first responders, and their family members to receive medications at the closed POD facility which reduces their likelihood of having to visit the open PODs. This provides peace of mind during a crisis because staff and first responders know their organization has taken the “extra step” to conduct, coordinate, plan, and provide, prior to an event, an alternative method to protect them during an emergency where medication must be dispensed to protect the public. Operating a Closed POD will ultimately help organizations with their continuity of operation plans by aiding them in becoming more resilient during and after an emergency, and it also allows staff and first responders to return to their normal duties within the organization more quickly or continue to assist public health officials through volunteering.

FISCAL IMPACT: None

ATTACHMENTS: Agreement and Closed POD information booklet PUBLIC HEALTH EMERGENCY AGREEMENT Between The Waco-McLennan County Public Health District And Special Population Center

Information on Special Population Center (hereinafter referred to as "Special Population Center"):

Name of Center: ______Location: ______City: ______Zip Code: ______Type of Center (nursing home, jail, education institution, municipality, etc.): ______Telephone #: ______Fax #: ______Contact Person Name: ______Email address: ______Any change in the telephone, fax, contact, or email information -please notify the District SNS Coordinator within 10 days.

I. Purpose To establish a cooperative agreement between the Waco-McLennan County Public Health District (Health District) and Special Population Center to provide employees and clients with vaccinations or chemoprophylaxis in the event that the Strategic National Stockpile is requested to address a large-scale communicable disease outbreak, bioterrorism or other public health emergency. The Health District and the Special Population Center agree to the terms, conditions, and responsibilities expressed in this agreement.

II. Definitions • Public Health Emergency - refers to any event, natural or manmade, that requires immediate public health intervention. • Strategic National Stockpile - refers to a national repository of antibiotics, chemical antidotes, antitoxins, life sustaining medications and medical/surgical supplies designed to re-supply state and local public health agencies in the event of a national emergency. • Mass Prophylaxis - refers to the administration of health interventions including antibiotics, vaccines and antidotes to large numbers of persons to provide protection against disease and/or to prevent the spread of disease in the community. • Client -refers to a resident of Special Population Center at the time of the event and is under the medical supervision of the institution for needed care. • Employees- refers to the staff of Special Population Center.

- I-

III. Responsibilities of the Health District 1. During a public health emergency requiring rapid vaccination or the dispensing of chemoprophylaxis medications within the county, the Health District will assume the primary responsibility for the coordination and the delivery of the vaccines or chemoprophylaxis. The Health District will: a. Manage all supplies, vaccines and chemoprophylaxis from the Strategic National Stockpile (SNS) that are under the control of the local Health District SNS Coordinator. b. Coordinate delivery to Special Population Center; materials, vaccines and chemoprophylaxis depending upon availability from the Strategic National Stockpile to meet the needs of their employees and clients. c. Coordinate prophylaxis with the assigned liaison for the institution. d. The Health District will provide training to Special Population Center employees when such training is necessary. IV. Responsibilities of the Special Population Center 1. Special Population Center will: a. Provide mass prophylaxis to its employees and clients during a public health emergency. b. Cooperate in training its employees, when appropriate, to understand the contraindications, precautions and administration of mass prophylaxis according to established protocols. c. Provide an assigned liaison to coordinate the delivery and dispensing of the mass prophylaxis material. d. Ensure that all employees involved in the administration of chemoprophylaxis medication or vaccinations will be provided treatment first, if indicated. e. Maintain documentation of any materials or supplies consumed in this effort. If applicable, during a federally declared disaster, reimbursement for the cost of those materials will be made according to federal guidelines. f. Return all unused portions of the supplies to the Health District liaison and provide a record of those who received the prophylaxis. g. Not charge any special population served, any cost for activities performed pursuant to this Agreement.

V. Duration and Other Requirements of this Agreement 1. No warranty or representation is made as to the quality or quantity of the item of the strategic National Stockpile provided to the Special Population Center pursuant to this Agreement.

- 2 - 2. It is understood the noted facility will maintain, and does not relinquish, their flexibility to make arrangements that will minimize the disruption that serving as an SNS distribution site could entail. 3. Each party to this agreement shall be responsible for maintaining its own insurance or self-insurance program with respect to liabilities to its employees or to third parties that may reasonably result from performance of its lawful functions. This agreement shall not be construed as seeking to enlarge any obligation or duty owed by either party to third parties or to increase the liability of any party beyond that which is imposed by law. 4. This agreement does not create any agency status or fiduciary relationship between the parties, their employers, agents or successors. 5. This agreement is not assignable or transferable. 6. This Agreement shall be effective upon execution by both parties. 7. Either party to this agreement may terminate it without cause upon providing the other party ninety (90) days written notice.

VI. Amendments This MOU may be amended by written agreement of both parties or by their respective designee.

VIII. Authority to Enter into this Agreement The persons executing this MOU on behalf of their respective entities hereby represent and warrant that they have the right, power, legal capacity, and appropriate authority to enter into this MOU on behalf of the entity for which they sign.

IX. Signatures Section

Waco-McLennan County Public Health District Mayor or City Manager/Administrator Representative

Printed Name and Title Printed Name and Title

Date Signed Date Signed

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Public Health Emergency Preparedness Closed Point of Dispensing

What is the Strategic National Stockpile?

The Strategic National Stockpile (SNS) is a national supply of antibiotics, chemical antidotes, antitoxins, antivirals, life support medications, intravenous administration supplies, airway maintenance supplies, and medical and surgical material for use in a biological or terrorism incident or other major public health emergency. These supplies are bundled and stored strategically across the country by the Centers for Disease Control and Prevention (CDC). Once federal and local authorities agree that the SNS is needed, medicines and/or supplies will be delivered to that state within time for them to be effective. Waco-McLennan County Public Health District works closely with the Texas Department of State Health Services (DSHS) to ensure our preparedness to respond if SNS resources are needed.

How does the county distribute sns supplies?

The Waco-McLennan County Public Health District is responsible for distributing SNS supplies to McLennan County. Once the supplies are received, they are then distributed to pre- determined points of dispensing (POD) sites. The emphasis is on rapid dispensing of a pill or shot that ensures that the well remain well. There are two types of POD sites: open and closed. Open PODs are open to all members of a community to come to. Closed PODs, sometimes referred to as “push sites,” are not open to community members at large; instead, it serves a very specific type of person and/or place. 3

Why become a Closed POD site?

Closed POD sites play an important role in any situation where it is necessary to provide emergency medications to large groups of people. Traditional medical providers, such as hospitals and medical clinics, will likely be overwhelmed during a large-scale public health emergency. The PODs established to support the public will also be highly stressed in a situation where the entire population needs medication within a short time frame. Closed PODs will help relieve some of the pressure by reaching specific portions of the community. As a result, long lines and public anxiety can be reduced and resources can be used more efficiently. By partnering with Waco-McLennan County Public Health District and operating a Closed POD, your city staff, first responders, and their family members will receive medications at your facility which reduces their likelihood of having to visit the open PODs. This will provide peace of mind during a crisis because they know that their employer, organization, or association has taken the “extra step” and conducted the necessary coordination and planning prior to an event to provide an alternative method to protect them during an emergency where medication must be dispensed to protect the public. Operating a Closed POD will ultimately help organizations with their continuity of operations plans by aiding them in becoming more resilient during and after an emergency. Your city staff, first responders, and their family members will be able to return to their normal duties within the organization more quickly, or continue to assist public health officials through volunteering.

Closed Pods provide:

 Ease of access to life-saving medications

 Quick dispensing of medications to your staff and their families

 Enhanced continuity of operations planning and protection of OUR community

What are the Public Health District’s responsibilities? Waco-McLennan County Public Health District will work closely with your organization to ensure that you have the necessary information and resources to establish a Closed POD. As with all preparedness activities, the more we communicate and exercise our response plans now, the better we will respond if an emergency occurs. 1. Provide pre-event planning and technical assistance, including but not limited to policies, procedures, job aids such as example POD layouts, fact sheets, dispensing algorithms, forms and other information necessary to successfully operate a Closed POD. 2. Provide Closed POD training/education opportunities to identified staff in your organization. 3. Provide medication and forms during an emergency. 4. Provide medication fact sheets. 5. Provide 24-hour emergency contact information to Waco-McLennan County Health District. 6. Provide your organization with technical assistance and oversight, as needed, to effectively run a Closed POD during a public emergency. 7. Provide notification to your organization of the need to activate your Closed POD plan. 8. Provide media guidance during a public health emergency to ensure consistency of messages between their designated dispensing population and the general public. 9. Collect any unused medications as well as copies of all medical documentation after the dispensing process has been completed and the Closed POD has been deactivated.

What is expected of Your organization? Waco-McLennan County Public Health District will help you prepare to set up your Closed POD, but there are steps you must take to ensure the proper plans are in place to establish and operate a Closed POD efficiently. 1. Designate staff to work with the Public Health District in planning for the operation of a Closed POD. This is to include having access to occupational health or other healthcare providers onsite to oversee the dispensing of medication/vaccinations. 2. Provide primary and secondary 24-hour emergency points of contact to ensure timely notification and activation of your Closed POD during a public health emergency. 3. Identify Closed POD locations for your organization. 4. Dispense medications following protocols and guidance provided by the Public Health District. 5

5. Participate in training and exercise opportunities, if available, in coordination and collaboration with the Public Health District.

Thank you for your interest in becoming a Closed Point of Dispensing site for McLennan County. We can send you an agreement form to be signed by your organization and Waco-McLennan County Public Health District, if you choose to participate. If there are any questions please contact any of our staff members on this initiative at the numbers listed below. We look forward to hearing back from you soon!

Stephanie Alvey Courtney Wollard Preparedness Coordinator Public Health Planner Waco-McLennan County Waco-McLennan County Public Health District Public Health District 225 W. Waco Drive 225 W. Waco Drive Waco, TX 76707 Waco, TX 76707 Office: (254) 750-5492 Office: (254) 750-5419 Cell: (254) 652-4575 Cell: (254) 644-8769 Fax: (254) 750-5405 Fax: (254) 750-5405

Angela Cullivan SNS Coordinator Waco-McLennan County Public Health District 225 W. Waco Drive Waco, TX 76707 Office: (254) 750-5483 Cell: (254) 709-9945 Fax: (254) 750-5405

COUNCIL AGENDA ITEM MEMORANDUM

Consent Agenda Item Date Submitted: 06/27/2019 Meeting Date: 07/02/2019 Item #11

DEPT./DIVISION SUBMISSION & REVIEW: Jana Lewellen, City Secretary

ITEM DESCRIPTION: Consider and possible action regarding the ratification of the removal of Justin Jimenez as a Member of the Zoning Board of Adjustment due to moving out of the City, and Trey Scherwitz as a member of the Planning and Zoning Commission for excessive absences.

STAFF RECOMMENDATION: Recommend approval.

ITEM SUMMARY: Zoning Board of Adjustment Board Member Justin Jimenez recently moved outside the City limits of Robinson; therefore, leaving him ineligible to remain on the board, and Planning and Zoning Commission Member Trey Scherwitz has not attended the last six Regular meetings giving cause for removal due to excessive absences.

FISCAL IMPACT: None

ATTACHMENTS:

COUNCIL AGENDA ITEM MEMORANDUM

Regular Agenda Item Date Submitted: 06/27/2019 Meeting Date: 07/02/2019 Item #12

DEPT./DIVISION SUBMISSION & REVIEW: Bert Echterling, Mayor

ITEM DESCRIPTION: Conduct a pre-appointment interview, and consider and possible action on appointment to fill the unexpired vacancy on the Planning and Zoning Commission for the term ending November 2019.

STAFF RECOMMENDATION: Conduct a Pre-appointment interview and provide a recommendation for new appointment.

ITEM SUMMARY: The City of Robinson currently has one vacancy on the Planning and Zoning Commission for an unexpired term ending November of 2019. The City of Robinson has received one (1) application requesting to fill this vacancy, and their application has been provided for review.

ATTACHMENTS: Butch Mogavero Application

COUNCIL AGENDA ITEM MEMORANDUM

Regular Agenda Item Date Submitted: 06/27/2019 Meeting Date: 07/02/2019 Item #13

DEPT./DIVISION SUBMISSION & REVIEW: Bert Echterling, Mayor

ITEM DESCRIPTION: Conduct a pre-appointment interview, and consider and possible action on appointment to fill the unexpired vacancy on the Zoning Board of Adjustment for the term ending November 2019.

STAFF RECOMMENDATION: Conduct a Pre-appointment interview and provide a recommendation for new appointment.

ITEM SUMMARY: The City of Robinson currently has one vacancy on the Zoning Board of Adjustment for an unexpired term ending November of 2019. The City of Robinson has received one (1) application requesting to fill this vacancy, and their application has been provided for review.

ATTACHMENTS: Belen Ruiz Application From: [email protected] To: Jana Lewellen Subject: Online Form Submittal: Board and Commissions Application Date: Sunday, April 07, 2019 8:38:50 PM

Board and Commissions Application

Applicant Contact Information

Contact Name Belen Ruiz

Primary Phone 2547166346

Email [email protected]

Home Address 1692 W Tate St, Robinson, TX, 76706

Background Information

Residency I reside within the city limits of Robinson

Length of time 24+yr applicant has resided in Robinson city limits:

Special knowledge or Real Estate/Development experience applicable to city board or commission function:

Professional and/or City of Robinson Zoning Board of Adjustment Board: Alternate Community activities: Member. ACS's Cattle Baron's Ball Committee Member.

Occupation/Employer: Realtor/ Bentwood Realty

References

Reference Name: Laura Blackmon

Telephone: 2546400325

Reference Name: Casi Berry

Telephone: 2546443136

Professional Kim Galvan Reference:

2548557243 Telephone:

Additional Information

I am interested in Planning and Zoning Commission (must be a resident within the serving on the following city limits of Robinson) boards or commissions:

Rank Order of Field not completed. Boards/Commissions:

I can attend monthly Yes meetings.

Do you have a conflict No of interest?

If you answered yes to Field not completed. the previous question, please list conflict of interest(s) personal or financial:

I have attended one or No more meetings of the board or commission for which I have applied.

Applicant Signature

Signature Belen Ruiz

Date 4/7/2019

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CITY COUNCIL AGENDA ITEM MEMORANDUM

Regular Agenda Item Date Submitted: 6/28/19 Meeting Date: 7/2/19 Agenda Item #14 DEPT./DIVISION SUBMISSION & REVIEW: Justin French, Director of Planning and Development

ITEM DESCRIPTION: PUBLIC HEARING: Conduct a public hearing, consider and possible action on Ordinance 2019-014 regarding the application of Butch and Robin Mogavero requesting a zoning change from R/O Retail/Office to SF-1 Single Family Residential on the 0.65-acre Tract 4A in the M. Martinez Survey, addressed at 1305 South Robinson Drive, and an amendment to the Future Land Use Plan within the Community Visions 2034 Comprehensive Plan.

RECOMMENDATION: The Future Land Use (FLU) Map within the Community Visions 2034 Comprehensive Plan designates the subject site as Commercial. The propose Low Density Residential land use is not consistent with the City’s Comprehensive Plan; therefore, accompanying this request is a request to amend the FLU Map, making the subject site designated as Low Density Residential with a target density no greater than four dwelling units per acre. This land use category tends to be in locations well served by public utilities and roadways. It should have adequate thoroughfare access and be relatively well connected with community and neighborhood facilities such as schools, parks, and shopping areas. The general purpose of the SF-1 District is to provide for development of single family detached dwelling units on lots of not less than 12,000 square feet. Other uses, such as religious and educational facilities, and open spaces, may be provided to maintain a balanced, orderly, convenient and attractive residential area.

On June 18, 2019, the Planning and Zoning Commission recommended approval of the requested rezoning and amendment to the Future Land Use Plan by a vote of 4-0-0.

BACKGROUND/ITEM SUMMARY: On April 3, 2018, the City Council adopted a rewrite of the Robinson Zoning Ordinance and a new Zoning Map that was consistent with the 2034 Community Visions comprehensive plan and the new zoning district categories. The zoning of the subject site prior to this date was the close equivalent to the now requested SF-1 District. The existing residential structure on the site became a nonconforming use with the adoption of the new Zoning Map. In 2019, a stop work order was issued at the subject site for work being done without a building permit. A building permit was submitted for an addition to the existing residence which was subsequently denied because it was to expand a nonconforming use. The applicant requests this rezoning in order to have a site that conforms to the designated zoning, so an addition to the existing residence can be permitted.

FISCAL IMPACT: None

PROPERTY OWNER LETTERS: At the time of this report, staff has received one returned notice in support and has not received any returned notices in opposition to the requested SF-1 zoning from the surrounding property owners located within 200 feet of the subject site.

ATTACHMENTS: Zoning Application Property Location Map Future Land Use Plan Existing Land Use Map Current Zoning Map Photos of Subject & Surrounding Uses Applicant’s Notification ISD Notification Surrounding Property Owner Notification Property Owners List Returned Notices Public Notice SF-1 District Standards Draft Ordinance

Photos of Subject Site and Surrounding Uses

Google aerial view of subject site and surrounding properties.

Google street view of subject site from S. Robinson Drive (aka Hwy 77).

Photos of Subject Site and Surrounding Uses

Google street view from S. Robinson Drive (aka Hwy 77) of neighboring commercial properties to north.

Google street view from S. Robinson Drive (aka Hwy 77) of neighboring properties south of subject site.

NOTICE OF PUBLIC HEARING CASE: Z-2019-5

June 6, 2019

Butch and Robin Mogovero 1408 S. Robinson Drive Robinson, TX 76706

The City of Robinson has received your request for a zoning change from R/O Retail/Office to SF-1 Single Family Residential on the 0.65-acre Tract 4a in the M. Martinez Survey, addressed at 1305 South Robinson Drive, and an amendment to the Future Land Use Plan within the Community Visions 2034 Comprehensive Plan.

NOTICE OF HEARING BEFORE PLANNING AND ZONING COMMISSION

Notice is hereby given that a public hearing will be held before the Planning and Zoning Commission of the City of Robinson on Tuesday, the 18th day of June 2019, in the Council Chambers, 111 W. Lyndale Drive, at 6:00 p.m., regarding this requested zoning change and amendment. The Planning and Zoning Commission will forward a recommendation to the City Council.

NOTICE OF HEARING BEFORE CITY COUNCIL

Notice is hereby given that a public hearing will be held by the City Council of the City of Robinson on Tuesday, the 2nd day of July 2019, in the Council Chambers, 111 W. Lyndale Drive, at 6:00 p.m., regarding this requested zoning change and amendment.

For more information on the Comprehensive Plan, its land use classifications and its role in the Planning and Zoning process, you may contact the Department of Planning and Development at 254.662.1415, or at 111 W. Lyndale Drive.

Sincerely,

Justin French, AICP Director of Planning and Development City of Robinson 111 W. Lyndale Drive Robinson, TX 76706 [email protected] NOTICE OF PUBLIC HEARING CASE: Z-2019-5 June 6, 2019

Dear Dr. Michael Hope:

The City of Robinson has received the request made by Butch and Robin Mogovero for a zoning change from R/O Retail/Office to SF-1 Single Family Residential on the 0.65-acre Tract 4a in the M. Martinez Survey, addressed at 1305 South Robinson Drive, and an amendment to the Future Land Use Plan within the Community Visions 2034 Comprehensive Plan. The applicant proposes that the existing single family residence remain and an addition to it be constructed.

NOTICE OF HEARING BEFORE PLANNING AND ZONING COMMISSION

NOTICE OF HEARING BEFORE CITY COUNCIL

This notice is provided in accordance with Section 211.007(c-1) of the Texas Local Government Code. This is notice of the public hearings, at which any interested persons will be given an opportunity to be heard. In hearing this matter, the Planning and Zoning Commission and City Council may approve the request as submitted, may approve an amended request, or may deny the request.

Sincerely,

Justin French, AICP Director of Planning and Development City of Robinson 111 W. Lyndale Drive Robinson, TX 76706 [email protected]

Please circle one and return to the City of Robinson with explanation. 1. In favor 2. Opposed 3. Neutral

Name: Address: __

Explanation/Comments:

NOTICE OF PUBLIC HEARING CASE: Z-2019-5

June 6, 2019

Dear Sir or Madam:

NOTICE OF HEARING BEFORE PLANNING AND ZONING COMMISSION

NOTICE OF HEARING BEFORE CITY COUNCIL

According to City Tax Records, you are the owner of property which is located within two hundred (200) feet of the area of the requested zoning change. This is notice of the public hearings, at which any interested persons will be given an opportunity to be heard. In hearing this matter, the Planning and Zoning Commission and City Council may approve the request as submitted, may approve an amended request, or may deny the request.

Sincerely,

Justin French, AICP Director of Planning and Development City of Robinson 111 W. Lyndale Drive Robinson, TX 76706 [email protected]

Please circle one and return to the City of Robinson with explanation. 1. In favor 2. Opposed 3. Neutral

Name: Address: __

Explanation/Comments:

Address Owner Name Mailing Address City State Zip Code Property ID 100 Aubrey St. Shirley Diane Chatham 1328 Sundown Dr. Waco TX 76712 157044 1300 S. Old Robinson Rd. Chad Miller 1104 PamPlin Ct. College Station TX 77845 157043 1301 S. Robinson Dr. Shirley Diane Chatham 1328 Sundown Dr. Waco TX 76712 157042 (ROW) Right of Way State of Texas Tx Dot 100 S. Loop Dr. Waco TX 76704 377028 (ROW) Right of Way State of Texas Tx Dot 100 S. Loop Dr. Waco TX 76704 318630 1304 S. Robinson Dr. Alex Mennenga 1304 S. Robinson Dr. Robinson TX 76706 371273 1400 S. Robinson Dr. Ricardo Patena 1400 S. Robinson Dr. Robinson TX 76706 159356 (ROW) Right of Way State of Texas Tx Dot 100 S. Loop Dr. Waco TX 76704 377028 1308 S. Old Robinson Rd. Larry & Lois Jobe 1308 S. Old Robinson Rd. Waco TX 76706 377026 1402 S. Robinson Dr. Jennifer Alsip 1402 S. Robinson Dr. Robinson TX 76706 159357 1404 S. Robinson Dr. CCP Series 12 574 Youngblood Waco TX 76706 157057 S. Old Robinson Rd. Harold & Lois Jobe 1308 S. Old Robinson Rd. Robinson TX 76706 377027 201 Valley View Dr. George & Rebecca Wilhite 201 Valley View Dr. Robinson TX 76706 160011 203 Valley View Dr. Larry Marek ETUX 203 Valley View Dr. Robinson TX 76706 160012 200 Valley View Dr. Howard Price ETUX 200 Valley View Dr. Robinson TX 76706 160024 1301 S. Old Robinson Rd. Donald Easter 1301 S. Old Robinson Rd. Robinson TX 76706 157704 1215 S. Old Robinson Rd. Ted & Weytona Bourque 1215 S. Old Robinson Rd. Robinson TX 76706 157705

Applicants 1305 S. Robinson Dr. Frank "Butch" Mogavero 1408 S. Robinson Dr Robinson TX 76706 157041

PUBLIC NOTICE The City of Robinson Planning and Zoning Commission will meet and conduct a Public Hearing on Tuesday June 18, 2019, at 6:00 p.m. in the Council Chambers at City Hall, 111 W. Lyndale Drive, Robinson, Texas, to consider the following.

Application of Butch and Robin Mogovero requesting a zoning change from R/O Retail/Office to SF-1 Single Family Residential on the 0.65-acre Tract 4A in the M. Martinez Survey, addressed at 1305 South Robinson Drive, and an amendment to the Future Land Use Plan within the Community Visions 2034 Comprehensive Plan.

The Robinson City Council will conduct a Public Hearing and consider the recommendations of the Planning and Zoning Commission regarding the above matter on Tuesday July 2, 2019 at 6:00 p.m. at the same location.

Jana Lewellen, City Secretary

Article 5 – Permitted Uses

ZONING ORDINANCE

SF-1 - Single Family Residential District

GENERAL PURPOSE & DESCRIPTION The SF-1, Single Family Residential District will provide for development of single-family detached dwelling units on lots of not less than twelve thousand (12,000) square feet. Other uses, such as religious and educational facilities, and open spaces, may be provided to maintain a balanced, orderly, convenient and attractive residential area.

PERMITTED USES Uses permitted in SF-1 District are outlined in Article 5, Permitted Uses.

HEIGHT; AREA, YARD, AND LOT COVERAGE REQUIREMENTS The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet) and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions Height and Area Regulations provided in the Height and Area SF-1 District Regulations table for the SF-1 Zoning Max. Height Not to exceed 35 ft. District. Side Yard Interior Lot 10 ft. min. one side & 15 ft. min. total both sides Street Side 15 ft. minimum Rear Yard 10 ft. minimum Front Yard 25 ft. minimum Lot Size 12,000 sq. ft. minimum Lot Depth 120 ft. minimum ADDITIONAL HEIGHT Lot Width 100 ft. minimum Cooling towers, roof gables, chimneys Dwelling Area 1,800 sq. ft. minimum and vent stacks may extend for an additional height not to exceed forty feet Building Coverage 50% of lot area max. (40') above the average grade line of the Impervious Coverage 60% of lot area max. building. Water stand pipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed two and a half (2-1/2) stories in height, provided that one (1) additional foot shall be added to the front yards for each foot that such structures exceed two and a half (2-1/2) stories.

PARKING REGULATIONS A. Single Family Dwelling Unit - Two (2) enclosed spaces (garage) on the same lot as the main structure

B. See Section 11.4, Off-Street Parking and Loading Regulations.

Page 64 CITY OF ROBINSON, TEXAS ORDINANCE NO. 2019-014 ORDINANCE OF THE CITY OF ROBINSON, TEXAS APPROVING A ZONING CHANGE FROM R/O TO SF-1 ON PROPERTY ADDRESSED AT 1305 S. ROBINSON DRIVE IN ROBINSON, TEXAS, BEING APPROXIMATELY 0.65 ACRES LOCALLY KNOWN AS TRACT 4A OF THE M. MARTINEZ SURVEY; AND APPROVING AN AMENDMENT TO THE FUTURE LAND USE MAP WITHIN THE COMMUNITY VISIONS 2034 COMPREHENSIVE PLAN.

WHEREAS, the owner of property having the address of 1305 S. Robinson Drive in Robinson, Texas, has requested that the property be re-zoned from R/O Retail/Office to SF-1 Single Family Residential; and WHEREAS, an amendment to the Community Visions 2034 Comprehensive Plan for the City of Robinson is proposed to change the Future Land Use designation for the property from Commercial to Low Density Residential, so the proposed zoning is compatible, and WHEREAS, the Planning and Zoning Commission met on June 18, 2019, and recommended approval by a vote of 4-0.

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

SECTION 1. The 1.642-acre property described as a tract out of the M. Martinez Survey and being proposed Lot 1, Block 1 of the Helpert Addition, having the approximate address of 100 Kettler Drive in Robinson, Texas is hereby redesignated from Commercial to High Density Residential. SECTION 2. The 0.65-acre property described as Tract 4A of the M. Martinez Survey, having the address of 1305 S. Robinson Drive in Robinson, Texas is hereby re-zoned from R/O Retail/Office to SF-1 Single Family Residential. Passed this 2nd day of July 2019. ______Bert Echterling, Mayor Attest: ______Jana Lewellen, City Secretary

COUNCIL AGENDA ITEM MEMORANDUM

Regular Agenda Item Date Submitted: 06/28/2019 Meeting Date: 07/02/2019 Agenda Item #15

DEPT./DIVISION SUBMISSION & REVIEW: Craig Lemin, City Manager

ITEM DESCRIPTION: PUBLIC HEARING: Conduct a public hearing, consider and possible action on Ordinance 2019-015 providing for amendments to the FY 2018-19 budget to reflect appropriation transfers as outlined in Exhibit A of the ordinance.

STAFF RECOMMENDATION: Recommend Approval

ITEM SUMMARY: The attached ordinance and budget amends the original FY 2018-19 budget to adjust for changes that have occurred during the current year. Total expenditures in the General Fund increased $463,091. Revenues increased $497,361. The largest increase, $399,668 is to account for the lease proceeds and purchase of police vehicles and a dump truck. These cancel each other out and are included for accounting purposes at the request of our auditors. Removing this amount leaves the General Fund with an increase in expenditures of $63,423. An additional $68,000 has been added to the Street Department budget to allow for replacement of the bridge that has been closed on South Old Robinson Road. The remaining changes are reallocations of budgeted funds to address other needs that have arisen including increasing the City’s contribution toward health insurance. Notes are included where significant changes have been made. The amended budget results in a revenue over expenditures of $32,100 before the $500,000 fund balance transfer to street projects.

Water and Wastewater revenue projections have been significantly reduced. Due to the timing of rains since the beginning of the fiscal year, revenue for both are down and have been adjusted accordingly. Expenses have been reallocated within the Water Fund to address changes and challenges that have arisen during the current year. Those changes are noted in each department. The overall effect is to reduce expenses $52,690. The amended budget for the Water Fund results in net income of $34,808.

In the Wastewater Fund the amended budget increases expenses by $25,135. This is due to $26,500 be added to address additional cost on the Karnes pipe bursting project. The Wastewater Fund amended budget results in net income of $109,075.

FISCAL IMPACT: See attached budgets.

ATTACHMENTS: Ordinance and Exhibit “A”

ORDINANCE NO. 2019-015

AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ROBINSON, TEXAS, PROVIDING FOR SUPPLEMENTAL FUNDS AND TRANSFERS TO THE 2018-19 BUDGET; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, Section 8.11 and 8.12 of the City Charter of the City of Robinson, Texas, provides that the city budget may be amended through supplemental appropriations and transfers if so declared by the City Council.

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

The 2018-2019 Budget is hereby amended to reflect the appropriation transfers as outlined in Exhibit "A" attached to this ordinance and made a part hereof.

This ordinance shall become effective and be in full force and effect from and after the date of passage and adoption by the City Council.

PASSED AND APPROVED THIS THE 2nd DAY OF JULY, 2019.

______Bert Echterling, Mayor ATTEST:

______Jana Lewellen, City Secretary

Exhibit “A” Water Fund Fund Summary

Budget Amended FY 2019-20 FY 2019-20 BEGINNING UNALLOCATED RESERVE 3,447,273 3,447,273

OPERATING REVENUES Water Revenues 5,151,195 4,825,895

TOTAL OPERATING REVENUES 5,151,195 4,825,895

OPERATING EXPENSES Water Administration 420,401 367,191 Water Treatment 597,349 618,849 Water Distribution 1,901,162 1,880,182 TOTAL OPERATING EXPENSES 2,918,912 2,866,222

NON-OPERATING REVENUES (EXPENSES) Interest and Misc. Revenue 147,000 299,500 Debt Service (1,908,841) (1,908,841) TOTAL NON-OPERATING REVENUES (EXPENSES) (1,761,841) (1,609,341) TRANSFERS General Fund 315,524 315,524

NET INCOME 154,918 34,808 ENDING UNALLOCATED RESERVE 3,602,191 3,482,081

City of Robinson FY 2018-19 Budget 2 Water Fund Revenue Summary

Budget Amended Acct. # Description FY 2018-19 FY 2018-19

OPERATING REVENUE 5210 Water Sales - 5210 Water Sales - Retail 4,532,300 4,200,000 Reduction due to lower 5215 Water Sales - Wholesale 468,495 468,495 revenues due to 5220 Water Taps 21,000 21,000 unusually high rainfall 5225 Utility Penalties 118,000 125,000 amounts since fall of 5230 NSF Fee 1,400 1,400 2018. The rain results in 5235 Equipment/Line Extention lower water sales. 5240 Connect/Transfer Fee 10,000 10,000 5901 Interest Income - TOTAL OPERATING REVENUE 5,151,195 4,825,895 Increase due to higher than expected interest rates. NON-OPERATING REVENUE

5901 Interest Income 130,000 275,000 5902 Miscellaneous Income 15,000 22,500 5904 Land Lease Revenue 2,000 2,000 5910 Sale of Fixed Assets

TOTAL NON-OPERATING REVENUE 147,000 299,500

TOTAL INCOME 5,298,195 5,125,395

City of Robinson FY 2018-19 Budget 2 Water Fund Water Administration Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 1000 SALARIES 170,704 150,500 1005 OVERTIME 5,500 3,000 Personnel Services - 1010 LONGEVITY 1,836 1,300 Decreases due to 1500 FICA EXPENSE 13,620 11,804 retirement and turnover. 1525 TMRS 25,193 17,400 Two positions were open 1530 MEDICAL INSURANCE 43,500 30,000 for a period of time. 1535 WORKERS COMPENSATION 4,043 2,700 PERSONNEL SERVICES 264,396 216,704

2001 NON-OFFICE SUPPLIES 1,200 1,200 2002 POSTAL SUPPLIES/PRINTING 29,000 29,000 2005 UNIFORMS 1,000 1,000 2006 FUEL 5,000 4,300 2011 OFFICE SUPPLIES 12,500 12,500 2012 COMPUTER EQUIPMENT 2,000 2,000 2013 TOOLS & MINOR EQUIPMENT 600 600 2014 SAFETY EQUIPMENT 300 300 2015 EDUCATIONAL SUPPLIES 100 - SUPPLIES 51,700 50,900

3001 MAINTENANCE - VEHICLES 3,000 3,000 3002 MAINTENANCE - AGREEMENTS 26,718 22,000 MAINTENANCE 29,718 25,000

4002 INSURANCE - AUTO/EQUIPMENT 6,175 6,175 4004 INSURANCE - GENERAL LIABILITY 7,600 7,600 4100 COMMUNICATIONS 2,000 2,000 4140 EMPLOYMENT SERVICE COSTS 800 800 4475 LEGAL ADVERTISING 500 500 4500 LEGAL FEES 5,000 5,000 4550 PROFESSIONAL 20,500 20,500 4600 AUDIT 15,100 15,100 4770 CREDIT CARD FEES 1,000 1,000 4780 TECHNOLOGY EXPENSE 912 912 4915 JANITORIAL 2,000 2,000 4925 EDUCATION 10,000 10,000 4932 DUES & SUBSCRIPTIONS 4950 MISCELLANEOUS 3,000 3,000 OTHER SERVICES & CHARGES 74,587 74,587

CAPITAL OUTLAY - -

9015 PRINCIPAL PAYMENTS 1,290,000 1,290,000 9016 INTEREST EXPENSE 617,591 617,591 9017 DEBT SERVICE FEES 500 500 9018 PAYING AGENT FEES 750 750 9080 DEBT SERVICE - OTHER - - APPROPRIATIONS 1,908,841 1,908,841

DEPT TOTAL 2,329,242 2,276,032

City of Robinson FY 2018-19 Budget 2 Water Fund Water Treatment Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 1000 SALARIES 141,035 141,035 1005 OVERTIME 8,000 8,000 1010 LONGEVITY 1,920 1,920 1050 INCENTIVE 2,100 2,100 1500 FICA EXPENSE 11,709 11,709 1525 TMRS 21,657 21,657 1530 MEDICAL INSURANCE 26,100 26,100 1535 WORKER'S COMPENSATION 8,709 8,709 PERSONNEL SERVICES 221,230 221,230 2009 Chemical - Increase due to 2001 NON-OFFICE SUPPLIES 1,850 1,850 more production at the plant and 2004 LAB SUPPLIES 6,500 6,500 less demand from wells. Most of 2005 UNIFORMS 2,500 3,150 this increase is offset by 2006 FUEL 2,700 2,700 decreased utilities, chemicals and 2009 CHEMICALS 45,000 66,500 Groundwater Conservation 2011 OFFICE SUPPLIES 1,585 1,585 District fees. This was done to verify the plant can offset well 2012 COMPUTER EQUIPMENT 1,300 1,300 production in the future. 2013 TOOLS & MINOR EQUIPMENT 1,200 1,200 2014 SAFETY EQUIPMENT 1,000 1,000 2017 JANITORIAL SUPPLIES 500 500 SUPPLIES 64,135 86,285

3000 MAINTENANCE - SYSTEM 61,500 61,500 3001 MAINTENANCE - VEHICLES 2,050 2,050 3004 MAINTENANCE - FACILITIES 4,600 3,950 3006 REPAIR & REPLACEMENT 27,500 27,500 3008 MAINTENANCE - EQUIPMENT 8,500 8,500 MAINTENANCE 104,150 103,500

4002 INSURANCE - AUTO/EQUIPMENT 1,979 1,979 4003 INSURANCE - BUILDING 8,600 8,600 4004 INSURANCE - GENERAL LIABILITY - - 4100 COMMUNICATIONS 3,150 3,150 4150 UTILITIES 89,885 89,885 4265 WATER SAMPLE ANALYSIS 20,000 20,000 4550 PROFESSIONAL 22,550 22,550 4925 EDUCATION 2,050 2,050 4932 DUES & SUBSCRIPTION 4950 MISCELLANEOUS 700 700 OTHER SERVICES & CHARGES 148,914 148,914

8004 MACHINERY 8,250 8,250 8005 INSTRUMENTS & APPARATUS 13,900 13,900 8015 PUMPS & VALVES - - 8016 MEMBRANES 36,770 36,770 8500 CAPITAL OUTLAY - OTHER - - CAPITAL OUTLAY 58,920 58,920

DEPT TOTAL 597,349 618,849

City of Robinson FY 2018-19 Budget 2 Water Fund Water Distribution Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 1000 SALARIES 226,462 226,462 1005 OVERTIME 17,600 17,600 1050 Incentive - Increase due to 1010 LONGEVITY 1,182 1,182 hiring new employees with 1050 INCENTIVE 3,600 5,125 higher certification levels and 1500 FICA EXPENSE 19,037 19,037 existing staff increasing 1525 TMRS 32,044 32,044 certification levels. 1530 MEDICAL INSURANCE 43,500 43,500 1535 WORKER'S COMPENSATION 14,159 14,159 PERSONNEL SERVICES 357,584 359,109

2001 NON-OFFICE SUPPLIES 1,580 1,580 2005 UNIFORMS 4,500 4,500 2006 FUEL 17,500 17,500 2009 CHEMICALS 23,000 18,000 2011 OFFICE SUPPLIES - - 2012 COMPUTER EQUIPMENT - - 2013 TOOLS & MINOR EQUIPMENT 5,500 5,500 2014 SAFETY EQUIPMENT 5,750 5,750 2016 AWARDS & TROPHIES - - 2017 JANITORIAL SUPPLIES - - SUPPLIES 57,830 52,830

3000 MAINTENANCE - SYSTEM 119,000 119,000 3001 MAINTENANCE - VEHICLES 10,250 10,250 3004 MAINTENANCE - FACILITIES 1,500 1,500 Decreases to Chemicals, 3007 MAINTENANCE - RADIOS 500 500 Utilities and Groundwater 3008 MAINTENANCE - EQUIPMENT 20,000 20,000 Conservation District due to MAINTENANCE 151,250 151,250 increased plant production and decreased well use. 4100 COMMUNICATIONS 1,500 1,500 4150 UTILITIES 200,000 183,500 4300 GROUNDWATER CONSV DISTRICT 19,000 17,475 4400 WACO WATER CONTRACT 577,948 577,948 4550 PROFESSIONAL 5,125 5,125 4925 EDUCATION 2,050 2,050 4932 DUES & SUBSCRIPTION 4950 MISCELLANEOUS 5,050 2,050 OTHER SERVICES & CHARGES 810,673 789,648

8002 MOTOR VEHICLES 76,000 76,520 8006 COMMUNICATION SYSTEMS 500 500 8007 COMPUTER SYSTEMS 1,200 1,200 8013 WATER MAINS 300,000 300,000 8014 WATER METERS & SETTINGS 10,000 10,000 8015 PUMPS & VALVES 6,000 6,000 8017 FIRE HYDRANTS 5,000 5,000 8500 CAPITAL OUTLAY - OTHER 128,125 128,125 CAPITAL OUTLAY 526,825 527,345

DEPT TOTAL 1,904,162 1,880,182

City of Robinson FY 2018-19 Budget 2 Sewer Fund Fund Summary

Budgeted Amended FY 2018-19 FY 2018-19 BEGINNING UNALLOCATED RESERVE 1,010,330 1,010,330

OPERATING REVENUES

Sewer Revenues 2,025,449 1,945,449

TOTAL OPERATING REVENUES 2,025,449 1,945,449

OPERATING EXPENSES

Wastewater Department 1,287,505 1,312,640

TOTAL OPERATING EXPENSES 1,287,505 1,312,640

NON-OPERATING REVENUES (EXPENSES)

Interest and Miscellaneous Revenue 65,000 109,000 Debt Service (512,484) (512,484)

TOTAL NON-OPERATING REVENUES (EXPENSES) (447,484) (403,484) TRANSFERS General Fund 120,250 120,250

NET INCOME 170,210 109,075

ENDING UNALLOCATED RESERVE 1,180,540 1,119,405

City of Robinson FY 2018-19 Budget 2 Sewer Fund Revenue Summary Budgeted Estimated Acct. # Description FY 2018-19 FY 2018-19

5210 Sewer Sales 2,002,949 1,922,949 5210 Sewer Sales - 5211 WMARSS: Sewer Sales Decrease due to lower 5220 Sewer Taps 22,500 22,500 water sales resulting from rains since fall 2018.

TOTAL OPERATING REVENUE 2,025,449 1,945,449 5901 Interest Income - Increase due to higher than NON-OPERATING REVENUE anticipated interest rates. Misc. Income - Increase due 5901 Interest Income 45,000 85,000 to higher than anticipated 5902 Miscellaneous Income 20,000 24,000 amounts. TOTAL NON-OPERATING REVENUE 65,000 109,000

TOTAL REVENUE 2,090,449 2,054,449

City of Robinson FY 2018-19 Budget 2 Sewer Fund Wastewater Department Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 1000 SALARIES 254,569 254,569 1005 OVERTIME 12,500 12,500 1010 LONGEVITY 1,440 1,440 1050 INCENTIVE 2,400 2,400 1500 FICA EXPENSE 20,679 20,679 1525 TMRS 36,022 36,022 1530 MEDICAL INSURANCE 52,200 53,335 1535 WORKER'S COMPENSATION 9,623 9,623 PERSONNEL SERVICES 389,433 390,568

2001 NON-OFFICE SUPPLIES 870 1,670 2005 UNIFORMS 2,500 2,500 2006 FUEL 16,400 16,400 2011 OFFICE SUPPLIES 800 800 2012 COMPUTER EQUIPMENT 3,000 2,200 2013 TOOLS & MINOR EQUIPMENT 3,400 3,400 2014 SAFETY EQUIPMENT 4,100 4,100 2015 EDUCATIONAL SUPPLIES 100 100 2017 JANITORIAL SUPPLIES 350 350 SUPPLIES 31,520 31,520

3000 MAINTENANCE - SYSTEM 164,000 161,000 3001 MAINTENANCE - VEHICLES 15,000 15,000 3002 MAINTENANCE - AGREEMENTS 12,756 12,756 3004 MAINTENANCE - FACILITIES 2,500 1,000 3006 MAINTENANCE - EQUIPMENT - - MAINTENANCE 194,256 189,756

4004 INSURANCE - GENERAL LIABILITY 12,000 12,000 4100 COMMUNICATIONS 1,500 1,500 4140 EMPLOYMENT SERVICE COSTS 1,200 1,200 4150 UTILITIES 41,000 41,000 4230 WMARS - M&O 301,596 301,596 4550 Professional - Increase 4500 LEGAL FEES 1,000 3,000 due to infrastructure projects. 4550 PROFESSIONAL 3,000 4,500 4600 AUDIT 16,500 16,500 4780 TECHNOLOGY EXPENSE 1,000 1,000 4925 EDUCATION 3,000 3,000 4950 MISCELLANEOUS 500 500 OTHER SERVICES & CHARGES 382,296 385,796 8018 Sanitary Sewers - Increase to cover additional 8002 MOTOR VEHICLES 40,000 40,000 problems revealed by Karnes 8018 SANITARY SEWERS 250,000 275,000 CAPITAL OUTLAY 290,000 315,000

9015 PRINCIPAL PAYMENTS 295,000 295,000 9016 INTEREST EXPENSE 217,484 217,484 APPROPRIATIONS 512,484 512,484

DEPT TOTAL 1,799,989 1,825,124

City of Robinson FY 2018-19 Budget 2 General Fund Fund Summary

Budgeted Amended 2018-19 2018-19 BEGINNING BALANCE 3,257,903 3,608,377 REVENUES TAXES 5,332,704 5,401,179 CHARGES FOR SERVICES 930,552 958,000 LICENSES & PERMITS 107,500 107,500 FINES & FORFEITURES 215,636 215,636 INTERGOVERNMENTAL 26,000 16,783 CONTRIBUTIONS/DONATIONS - - OTHER FINANCIAL SERVICES 258,607 669,262

TOTAL REVENUES 6,870,999 7,368,360

TRANSFERS FROM OTHER FUNDS 435,774 435,774

EXPENDITURES MAYOR & COUNCIL 217,742 220,777 ADMINISTRATION 976,373 1,009,244 MUNICIPAL COURT 227,551 227,761 STREETS 889,341 1,088,039 POLICE 3,132,976 3,420,296 SANITATION 901,588 928,944 PHYSICAL PLANT 184,225 184,225 FINANCE 309,790 225,336 PLANNING & COMMUNITY DEVELOPMENT 354,322 352,877 PARKS 23,300 23,300 TRAFFIC OPERATIONS 9,970 8,870 COMMUNITY MEDIA 81,765 82,365

TOTAL EXPENDITURES 7,308,943 7,772,034

REVENUE OVER/(UNDER) EXPENSES (2,170) 32,100

TRANSFERS TO OTHER FUNDS 500,000 500,000

ENDING BALANCE 2,755,733 3,140,477

City of Robinson FY 2018-19 Budget 4-1 General Fund Revenue

Budgeted Amended Acct # DESCRIPTION 2018-19 2018-19 5101 AD VALOREM TAX 3,227,683 3,227,683 5102 Sales Tax - Increase 5102 SALES TAX 1,450,000 1,518,475 due to higher than expected 5103 FRANCHISE TAX 555,000 555,000 Sales Tax collections. 5121 SALES TAX REVENUE-OTHER 76,771 76,771 5125 PENALTY & INTEREST 23,250 23,250 TOTAL TAXES 5,332,704 5,401,179

5210 SANITATION CHARGES 930,552 958,000 5211 SANITATION FUEL ADJUSTMENT CHARGES FOR SERVICES 930,552 958,000

5301 PERMITS - GENERAL 80,000 80,000 5302 GARAGE SALE PERMITS 5,000 5,000 5320 DEVELOPMENT FEES 22,500 22,500 TOTAL LICENSES AND PERMITS 107,500 107,500

5401 COURT FINES 109,670 109,670 5402 DRUG/PROPERTY FORFEITURE 5420 ARREST FEE 5,575 5,575 5421 TRAFFIC 1,924 1,924 5422 TIME PAYMENT FEE 6,043 6,043 5423 FAIL TO APPEAR 10,888 10,888 5424 CONSOLIDATED COURT COSTS 46,282 46,282 5425 FUGITIVE APPREHENSION 66 66 5426 JUVENILE CRIME & DEL. 6 6 5427 JUDICIAL COURT PERSONNEL 24 24 5428 COMPENSATION TO VICTIMS 200 200 5439 CORRECTIONAL MGMT INSTITUTE 6 6 5440 STATE JURY FEE 4,564 4,564 5441 JUDICIAL FEE - COUNTY 6,094 6,094 5442 JUDICIAL FEE - CITY 684 684 5443 INDIGENT DEFENSE FEE 2,219 2,219 5450 TX SEAT BELT FEE 682 682 5451 STATE TRAFFIC FEE 18,845 18,845 5461 CIVIL JUSTICE FEE - STATE 43 43 5462 CIVIL JUSTICE FEE - COURT 4 4 5463 TRUANCY PREVENTION - STATE 923 923 5464 TRUANCY PREVENTION - CITY 896 896

TOTAL FINES AND FORFEITURES 215,636 215,636

City of Robinson FY 2018-19 Budget 4-2 General Fund Revenue 5501 LEOSE - STATE FUNDS PD EDUC 2,000 2,283 5555 COLLECTION AGENCY FEES - COURT 24,000 14,500 5555 Collection Agency Fees - Reduction due to lower than TOTAL INTERGOVERNMENTAL 26,000 16,783 anticipated revenue

5663 DONATION REVENUE - PARK - - TOTAL CONTRIBUTIONS/DONATIONS - -

5901 INTEREST INCOME 56,000 68,500 5901 Interest Income - Increase due to higher than 5902 MISCELLANEOUS INCOME 25,000 32,000 anticipate interest rates on 5904 GATE FEES - CHIPPER SITE 4,000 4,000 investments.

5905 EVENT REVENUE 25,000 25,000 5902 Miscellaneous Income - 5910 SALE OF FIXED ASSETS Increase due to proceeds from 5922 LEASE PROCEEDS 399,668 Auction of police equipment and vehicles. 5935 BULLETPROOF VEST GRANT 5939 GRANTS - PD 148,607 140,094 5922 Lease Proceeds - Amount 5936 MORTGAGE PROCEEDS added at request of auditors to account for funds received for vehicle purchases. TOTAL OTHER FINANCIAL SERVICES 258,607 669,262 Corresponding expenditures added to Streets and PD.

TOTAL GENERAL REVENUE 6,870,999 7,368,360 5939 - Grants PD - Reduction due to overall costs being lower than grant total.

City of Robinson FY 2018-19 Budget 4-3 General Fund Mayor & Council Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19

2001 NON-OFFICE SUPPLIES 1,025 1,025 2011 OFFICE SUPPLIES - - SUPPLIES 1,025 1,025 4060 Waco/ McLennan Co PHD - 4001 INSURANCE - PUBLIC OFFICIALS 6,600 6,600 Increase do to 4050 TAX ASSESSOR/COLLECTOR 12,000 12,152 adoption of higher fees after budget 4055 McLENNAN CO. APPRAISAL DISTRICT 37,250 37,250 adopted. 4060 WACO/McLENNAN CO. PHD 17,226 20,420 4065 ORDINANCE CODIFICATION 5,341 5,830 4925 Education - 4500 LEGAL FEES 30,000 30,000 Reduction due to 4550 PROFESSIONAL 83,000 83,000 lower and expected 4600 AUDIT 16,500 16,500 expenditures. 4925 EDUCATION 5,000 2,500 4950 Miscellaneous - 4930 EDUCATION - PD NON-SWORN - - Increase due to 4932 DUES & SUBSCRIPTION - multiple retirement 4935 RECRUITING - - receptions this year. 4950 MISCELLANEOUS 3,800 5,500 These costs split with OTHER SERVICES & CHARGES 216,717 219,752 Administration.

DEPT TOTAL 217,742 220,777

City of Robinson FY 2018-19 Budget 4-4 General Fund 612 - Administration Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 1000 SALARIES 389,785 389,785 1530 Medical Insurance - 1005 OVERTIME 1,500 1,500 Increase due to additional contribution to employee 1010 LONGEVITY 2,496 2,496 health care and increase in long 1050 INCENTIVE - - term care premiums. This 1500 FICA EXPENSE 30,094 30,094 change is in all departments 1525 TMRS 52,889 52,889 with personnel. 1530 MEDICAL INSURANCE 43,500 45,324 1535 WORKER'S COMPENSATION 3,066 3,774 1535 - Worker's Compensation 1540 AUTO ALLOWANCE 3,600 3,600 - Premiums higher than 1550 UNEMPLOYMENT TAXES projected. PERSONNEL SERVICES 526,930 529,462

2001 NON-OFFICE SUPPLIES 3,000 3,000 2002 POSTAL SUPPLIES/PRINTING 10,000 10,000 2007 FD Fuel - Increase due to 2006 FUEL 2,000 600 higher than projected fuel usage. 2007 FD FUEL 4,000 5,000 2011 OFFICE SUPPLIES 3,000 3,000 2012 COMPUTER EQUIPMENT 5,000 5,000 2016 AWARDS & TROPHIES 1,250 1,250 2017 JANITORIAL SUPPLIES - - SUPPLIES 28,250 27,850

3001 MAINTENANCE - VEHICLES 1,500 1,500 3002 MAINTENANCE - AGREEMENTS 38,319 38,319 MAINTENANCE 39,819 39,819

4002 INSURANCE - AUTO/EQUIPMENT 35,042 39,056 4002 & 4004 Insurance - 4004 INSURANCE - GENERAL LIABILITY 5,055 2,780 Premiums different than 4100 COMMUNICATIONS 1,860 1,860 projected. 4125 FIRE DEPARTMENT CONTRACT 210,505 210,505 4130 ELECTION EXPENSE 4,500 2,000 4550 Professional - This 4140 EMPLOYMENT SERVICE COSTS 1,000 1,000 amount added for professional services such as engineers and 4550 PROFESSIONAL - 30,000 consultant, to cover costs of 4780 TECHNOLOGY EXPENSE 912 912 surveys to address property 4925 EDUCATION 7,000 7,000 disputes. Almost $19,000 will 4950 MISCELLANEOUS 2,000 3,500 be used to cover cost of OTHER SERVICES & CHARGES 271,374 302,113 preparing and filing Letter of Map Revision for floodplain 8500 CAPITAL OUTLAY - OTHER - - changes to Flat Creek and $400 CAPITAL OUTLAY - - to NOI fee to submit SWMP.

9050 LOANS 110,000 110,000 9080 DEBT SERVICE - OTHER - - 9000 APPROPRIATIONS 110,000 110,000

DEPT TOTAL 976,373 1,009,244

City of Robinson FY 2018-19 Budget 4-5 General Fund Municipal Court - 613 Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 1000 SALARIES 55,070 55,070 1005 OVERTIME 1,500 1,500 1010 LONGEVITY 240 240 1050 INCENTIVE 1,200 1,200 1500 FICA EXPENSE 4,438 4,438 1525 TMRS 8,326 8,326 1530 MEDICAL INSURANCE 8,700 8,997 1535 WORKER'S COMPENSATION 261 174 1540 AUTO ALLOWANCE - - 1550 UNEMPLOYMENT TAX - - PERSONNEL SERVICES 79,735 79,945

2001 NON-OFFICE SUPPLIES - - 2011 OFFICE SUPPLIES 3,000 3,000 SUPPLIES 3,000 3,000

3002 MAINTENANCE - AGREEMENTS 6,000 6,000 MAINTENANCE 6,000 6,000

4140 EMPLOYMENT SERVICE COSTS 37 37 4145 JURY SERVICES/EMPLOYEE WELLNESS 200 200 4200 COLLECTION AGENCY 26,000 26,000 4500 LEGAL FEES 15,000 15,000 4770 CREDIT CARD FEES 2,000 2,000 4780 TECHNOLOGY EXPENSE 1,500 1,500 4802 TIME PAYMENT FEE 3,540 3,540 4804 FAIL TO APPEAR 8,477 8,477 4806 CONS COURT COST 848 848 4808 FUGITIVE APPREHENSION 82 82 4810 JUV CRIME & DELIQUENCY 7 7 4812 JUD & CRT PERSONNEL TRAINING 29 29 4816 COMP VICTIMS OF CRIME 245 245 4832 SEATBELT FINE 81 81 4834 JURY REIMBURSMENT FEE 4,164 4,164 4835 JUDICIAL SUPPORT FEE 6,177 6,177 4836 INDIGENT DEFENSE FEE 2,028 2,028 4837 CIVIL JUSTICE FEES - STATE 41 41 4838 CIVIL JUSTICE FEES - COURT 8 8 4850 OMNIBASE FEE ON TLFTA 3,700 3,700 4851 STATE TRAFFIC FEE 18,515 18,515 4852 CONSOLIDATED COURT COST 41,537 41,537 4853 TRUANCY PREVENTION & DIV FUND 1,600 1,600 4925 EDUCATION 2,500 2,500 4932 DUES & SUBSCRIPTIONS - - 4950 MISCELLANEOUS 500 500 OTHER SERVICES & CHARGES 138,816 138,816

8500 CAPITAL OUTLAY - OTHER - - CAPITAL OUTLAY - -

DEPT TOTAL 227,551 227,761

City of Robinson FY 2018-19 Budget 4-6 General Fund Street Department - 614 Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 1000 SALARIES 376,348 376,348 1005 OVERTIME 7,000 7,000 1010 LONGEVITY 2,928 2,928 1050 INCENTIVE 1,500 1,500 1500 FICA EXPENSE 29,665 29,665 1525 TMRS 54,870 54,870 1530 MEDICAL INSURANCE 80,807 83,877 1535 WORKER'S COMPENSATION 39,823 39,823 PERSONNEL SERVICES 592,941 596,011 Changes in Supplies reallocate 2001 NON-OFFICE SUPPLIES 3,000 4,000 amount mis-entered into 2016 - 2005 UNIFORMS 3,500 3,500 Awards & Trophies. Increase 2006 FUEL 20,500 22,600 in Office Supplies to cover 2008 CULVERTS 3,500 9,000 purchase of office furniture for 2011 OFFICE SUPPLIES 600 2,500 relocation of Public Services Director from City Hall to Street 2013 TOOLS & MINOR EQUIPMENT 5,000 5,600 Dept facility. 2014 SAFETY EQUIPMENT 1,000 1,200 2015 EDUCATIONAL SUPPLIES 400 400 2008 Culverts - Increase to 2016 AWARDS & TROPHIES 5,000 300 cover increase in drainage 2017 JANITORIAL SUPPLIES 500 200 repairs. SUPPLIES 43,000 49,300

3001 MAINTENANCE - VEHICLES 25,000 25,000 3002 MAINTENANCE - AGREEMENTS - 3005 Street Maintenance - 3004 MAINTENANCE - FACILITIES 5,000 5,000 Amount increased to allow for 3005 MAINTENANCE - STREET REPAIR 130,000 170,000 additional street maintenance and So. Old Road bridge 3007 MAINTENANCE - RADIOS 5,000 5,000 replacement. 3008 MAINTENANCE - EQUIPMENT 25,000 25,000 MAINTENANCE 190,000 230,000

4100 COMMUNICATIONS 1,300 1,300 4925 EDUCATION 2,500 2,500 4950 MISCELLANEOUS 1,000 1,000 8019 Drainage - Amount added OTHER SERVICES & CHARGES 4,800 4,800 to cover cost of box culverts to replace So. Old Road bridge. 8002 MOTOR VEHICLES - 124,350 8019 DRAINAGE - 28,000 8002 Motor Vehicles -Added to cover purchase of dump truck 8500 CAPITAL OUTLAY - OTHER 12,600 12,600 that was lease/purchased. CAPITAL OUTLAY 12,600 164,950 Lease proceeds offset this increase. Added at request of auditors. 9021 LEASE PURCHASES 46,000 42,978 9050 LOANS - - 9021 Lease Purchases - 9080 DEBT SERVICE - OTHER - - Payment lower than projected. 9000 APPROPRIATIONS 46,000 42,978

DEPT TOTAL 889,341 1,088,039

City of Robinson FY 2018-19 Budget 4-7 General Fund Police Department - 615 Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 1000 SALARIES 1,481,621 1,451,600 1005 OVERTIME 100,000 145,000 Personnel Services - Decreases 1010 LONGEVITY 17,472 14,500 due to open positions and cadets in the academy. 1050 INCENTIVE 24,395 23,125 1500 FICA EXPENSE 124,197 124,197 1005 Overtime - Increase due to 1525 TMRS 229,723 229,723 open positons. 1530 MEDICAL INSURANCE 293,643 294,861 1535 WORKER'S COMPENSATION 48,092 33,653 1540 AUTO ALLOWANCE - - 1555 UNEMPLOYMENT INSURANCE - - PERSONNEL SERVICES 2,319,143 2,316,659 2005 Uniforms - increase due to 2001 NON-OFFICE SUPPLIES 10,500 10,500 number of new officers hired 2002 POSTAL SUPPLIES/PRINTING 1,400 1,400 this year. $1000 was added to 2003 ANIMAL CONTROL SUPPLIES 1,050 1,050 misc revenue from Federal Body 2005 UNIFORMS 18,500 21,000 Armor Grant reimbursment. 2006 FUEL 57,400 58,450 2007 AMMUNITION/FD FUEL 10,500 10,500 2012 Computer Equipment - Increase to cover purchase of in 2011 OFFICE SUPPLIES 8,500 8,500 car computers. Funds were 2012 COMPUTER EQUIPMENT 27,570 38,840 budgeted last year but due to 2013 TOOLS & MINOR EQUIPMENT 25,828 26,000 software conversion computers 2014 SAFETY EQUIPMENT 7,225 7,225 were not purchased. They now 2015 EDUCATIONAL SUPPLIES 1,500 - need to be replace. The 2016 AWARDS & TROPHIES 1,250 750 remainder will be purchased 2017 JANITORIAL SUPPLIES 1,500 1,400 next fiscal year. $7,000 in proceeds from PD equipment SUPPLIES 172,723 185,615 auction was added to misc. revenue. 3001 MAINTENANCE - VEHICLES 43,000 43,000 3002 MAINTENANCE - AGREEMENTS 79,062 79,062 All other increases or decreases 3004 MAINTENANCE - FACILITIES 17,900 15,900 were due to higher or lower 3007 MAINTENANCE - RADIOS 4,500 4,500 than expected costs. 3008 MAINTENANCE - EQUIPMENT 2,000 2,000 MAINTENANCE 146,462 144,462

4006 INSURANCE - POLICE LIABILITY 12,915 13,116 4100 COMMUNICATIONS 16,650 16,650 4200 ANIMAL BOARDING 39,825 39,825 4210 UNIFORM/CLEANING ALLOWANCE 2,100 2,100 4220 FUNDS EXPENDED/DRUG FOREITURE - - 4225 CITIZENS ACADEMY/CRIME PREVENTION 2,050 2,050 4300 TRAINING EQUIPMENT 5,625 5,625 4550 PROFESSIONAL 9,500 9,500 4925 EDUCATION 28,000 28,000 4930 EDUCATION - PD NON-SWORN 7,400 7,400 4932 DUES & SUPSCRIPTIONS - - 4935 RECRUITING 2,750 2,750 4950 MISCELLANEOUS 4,000 4,000 OTHER SERVICES & CHARGES 130,815 131,016

City of Robinson FY 2018-19 Budget 4-8 General Fund Police Department - 615 Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 8002 MOTOR VEHICLES - 275,318 8003 FURNITURE & FIXTURES 4,000 2,000 8002 Motor Vehicles -Added to 8006 COMMUNICATION SYSTEMS - - cover purchase of vehicles that 8007 COMPUTER SYSTEMS 148,607 139,094 were lease/ purchased. Lease proceeds offset this increase. 8008 HEATING & COOLING - - Added at request of auditors. 8500 CAPITAL OUTLAY - OTHER 9,100 17,500 CAPITAL OUTLAY 161,707 433,912 8500 Capital Outlay Other - Increase to cover purchase of back up generator. A new one cannot 9014 LEASE PURCHASES 202,126 208,632 be purchased and installed for 9080 DEBT SERVICE - OTHER - - amounts originally quoted. 9000 APPROPRIATIONS 202,126 208,632 9021 Lease Purchases - Payment higher than projected. DEPT TOTAL 3,132,976 3,420,296

City of Robinson FY 2018-19 Budget 4-9 General Fund 616 - Sanitation Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 4151 CONTRACTUAL - SANITATION 838,782 865,850 4155 SALES TAX EXPENSE - SANITATION 62,806 63,094 4165 FUEL COST SURCHARGE - SANITATION - - 4950 MISCELLANEOUS - - OTHER SERVICES & CHARGES 901,588 928,944

DEPT TOTAL 901,588 928,944

City of Robinson FY 2018-19 Budget 4-10 General Fund Municipal Facilities - 617 Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 3004 MAINTENANCE - FACILITIES 24,000 24,000 MAINTENANCE 24,000 24,000

4003 INSURANCE - BUILDING 6,080 6,080 4150 UTILITIES 125,000 125,000 4915 JANITORIAL 16,740 16,740 4950 MISCELLANEOUS - - OTHER SERVICES & CHARGES 147,820 147,820

8500 CAPITAL OUTLAY - OTHER - - CAPITAL OUTLAY - -

9050 LOANS 12,405 12,405 9080 DEBT SERVICE - OTHER - - 9000 APPROPRIATIONS 12,405 12,405

DEPT TOTAL 184,225 184,225

City of Robinson FY 2018-19 Budget 4-11 General Fund Finance - 618 Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 1000 SALARIES 211,024 147,753 Personnel Services: Decrease 1005 OVERTIME 1,200 2,200 due to unfilled Director of 1010 LONGEVITY 2,208 1,570 Administrative Services 1050 INCENTIVE 1,200 - Director position. 1500 FICA EXPENSE 16,496 10,876 1525 TMRS 30,512 20,117 1530 MEDICAL INSURANCE 26,100 19,270 1535 WORKER'S COMPENSATION 970 650 PERSONNEL SERVICES 289,710 202,436

2001 NON-OFFICE SUPPLIES 500 1,700 2002 POSTAL SUPPLIES/PRINTING - - 2006 FUEL - - 2007 AMMUNITION/FD FUEL - - All other changes due to 2011 OFFICE SUPPLIES 1,000 1,000 inaccurate estimates when 2012 COMPUTER EQUIPMENT 2,000 4,200 this department was broken out from Administration. 2016 AWARDS & TROPHIES - 2017 JANITORIAL SUPPLIES - - SUPPLIES 3,500 6,900

3001 MAINTENANCE - VEHICLES - 3002 MAINTENANCE - AGREEMENTS 10,080 10,000 MAINTENANCE 10,080 10,000

4550 PROFESSIONAL 3,500 2,500 4780 TECHNOLOGY EXPENSE - - 4925 EDUCATION 3,000 3,000 4932 DUES & SUBSCRIPTIONS 4950 MISCELLANEOUS - 500 OTHER SERVICES & CHARGES 6,500 6,000

8500 CAPITAL OUTLAY - OTHER - - CAPITAL OUTLAY - -

DEPT TOTAL 309,790 225,336

City of Robinson FY 2018-19 Budget 4-12 General Fund Planning & Community Development - 619 Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 1000 SALARIES 202,599 202,599 1005 OVERTIME 1,200 1,200 1010 LONGEVITY 588 588 1050 INCENTIVE 2,700 2,700 1500 FICA EXPENSE 15,842 15,842 1525 TMRS 29,303 29,303 1530 MEDICAL INSURANCE 35,592 34,348 1535 WORKER'S COMPENSATION 1,428 1,227 1540 AUTO ALLOWANCE 1550 UNEMPLOYMENT TAX - - PERSONNEL SERVICES 289,252 287,807

2001 NON-OFFICE SUPPLIES 500 500 2002 POSTAL SUPPLIES/PRINTING 125 125 2005 UNIFORMS 750 750 2006 FUEL 2,800 2,800 2011 OFFICE SUPPLIES 750 750 2012 COMPUTER EQUIPMENT 3,450 3,450 2013 TOOLS & MINOR EQUIPMENT 300 300 SUPPLIES 8,675 8,675

3000 MAINTENANCE - SYSTEM - - 3001 MAINTENANCE - VEHICLES 6,400 6,400 3002 MAINTENANCE - AGREEMENTS 14,045 14,045 3006 MAINTENANCE - EQUIPMENT - - MAINTENANCE 20,445 20,445

4100 COMMUNICATIONS 3,650 3,650 4550 PROFESSIONAL 15,000 15,000 4605 CODE COMPLIANCE COSTS 9,000 9,000 4770 CREDIT CARD FEES 1,800 1,800 4925 EDUCATION 5,000 5,000 4930 EDUCATION - PD NON-SWORN - - 4932 DUES & SUBSCRIPTIONS - - 4935 RECRUITING - - 4950 MISCELLANEOUS 1,500 1,500 OTHER SERVICES & CHARGES 35,950 35,950

8500 CAPITAL OUTLAY - OTHER - - CAPITAL OUTLAY - -

DEPT TOTAL 354,322 352,877

City of Robinson FY 2018-19 Budget 4-13 General Fund 620 - Parks Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19 2001 NON-OFFICE SUPPLIES 2,000 2,000 2006 FUEL 500 500 SUPPLIES 2,500 2,500

3001 MAINTENANCE - VEHICLES - - 3004 MAINTENANCE - FACILITIES 18,000 18,000 3006 MAINTENANCE - EQUIPMENT 1,800 1,800 3007 MAINTENANCE - RADIOS - - MAINTENANCE 19,800 19,800

4150 UTILITIES - - 4950 MISCELLANEOUS 1,000 1,000 OTHER SERVICES & CHARGES 1,000 1,000

8500 CAPITAL OUTLAY - OTHER - - CAPITAL OUTLAY - -

DEPT TOTAL 23,300 23,300

City of Robinson FY 2018-19 Budget 4-14 General Fund 621 - Traffic Operations Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19

2001 NON-OFFICE SUPPLIES 350 350 2005 UNIFORMS - - 2006 FUEL 1,100 - 2008 STREET SIGNS/CULVERTS 5,500 5,500 2011 OFFICE SUPPLIES 300 300 2013 TOOLS & MINOR EQUIPMENT 600 600 2014 SAFETY EQUIPMENT 200 200 2017 JANITORIAL SUPPLIES 200 200 SUPPLIES 8,250 7,150

3001 MAINTENANCE - VEHICLES 1,000 1,000 3002 MAINTENANCE - AGREEMENTS 3004 MAINTENANCE - FACILITIES - - 3005 MAINTENANCE - STREET REPAIR - - 3008 MAINTENANCE - EQUIPMENT - - MAINTENANCE 1,000 1,000

4100 COMMUNICATIONS 720 720 4925 EDUCATION - - 4950 MISCELLANEOUS - - OTHER SERVICES & CHARGES 720 720

8500 CAPITAL OUTLAY - OTHER - - CAPITAL OUTLAY - -

DEPT TOTAL 9,970 8,870

City of Robinson FY 2018-19 Budget 4-15 General Fund 622 - Community Media Budgeted Amended ACCT# ACCOUNT DESCRIPTION FY 2018-19 FY 2018-19

2001 NON-OFFICE SUPPLIES 670 670 2010 MEDIA EQUIPMENT 820 820 2011 OFFICE SUPPLIES 200 200 2012 COMPUTER EQUIPMENT - - 2013 TOOLS & MINOR EQUIPMENT 100 - 2015 EDUCATIONAL SUPPLIES - 100 SUPPLIES 1,890 1,790

3002 MAINTENANCE - AGREEMENTS - - MAINTENANCE - -

4100 COMMUNICATIONS 1,600 1,600 4202 EVENTS 46,125 46,125 4950 Miscellaneous - Increase to 4550 PROFESSIONAL 22,150 22,150 cover cost of a booth at the ICSC 4925 EDUCATION 2,000 1,900 Retail Deal Making confrence in 4932 DUES & SUBSCRIPTIONS - - Fort Worth. 4950 MISCELLANEOUS 8,000 8,800 OTHER SERVICES & CHARGES 79,875 80,575

8500 CAPITAL OUTLAY - OTHER - - CAPITAL OUTLAY - -

DEPT TOTAL 81,765 82,365

City of Robinson FY 2018-19 Budget 4-16

COUNCIL AGENDA ITEM MEMORANDUM

Regular Agenda Item Date Submitted: 06/27/2019 Meeting Date: 07/02/2019 Agenda Item #16 DEPT./DIVISION SUBMISSION & REVIEW: Craig Lemin, City Manager

ITEM DESCRIPTION: Consider and possible action on Ordinance 2019-016 amending Ordinance 2018-009 increasing the rates for solid waste and recycling services.

STAFF RECOMMENDATION: Recommend Approval

ITEM SUMMARY: The City’s contract with Waste Management allows them to each year, prior to July 1st, request a rate increase. There are several provisions under which they can request an increase. The first is to increase the rates based on the Consumer Price Index, US City Average for All Urban Consumers, Garbage and Trash Collection, not seasonally adjusted. The second is a fuel adjustment based on Highway Diesel Prices for the Gulf Cost. In addition, contractor is entitled to an increase to offset changes that increase the contractors cost as it pertains to disposal fees, landfill costs, regulatory fees etc.

Waste Management is requesting an increase in the base rates for its services based on the CPI as state in the contract. The Consumer Price Index, US City Average for All Urban Consumers, Garbage and Trash Collection, not seasonally adjusted increased 3.9 percent from May 2018 to May 2019, so they are requesting a 3.9% increase to the base rates.

In addition, Waste Management submitted for an increase of 44 cents for residential recycle earlier this year due to a significant increase by Sunbright Recycling. They increased their charge per ton from $25 to $70 due to to market pricing changes. Council decided to absorb that cost until this time as to not have more than one increase this year. Sunbright raised their costs again at the end of March to $85 per ton. Waste Management did not request another increase at that time but are not requesting an additional 15 cents per residential account per month to cover this cost. Letter from Waste Management regarding each increase are attached along with tables listing the rates. The residential and commercial rates in their attachment do not include franchise or billing fees.

The requested increase would result in the following changes for residential and commercial hand collect accounts:

Current Rate Proposed Rate Residential Service $ 17.14 $ 18.49 Extra Cart $ 5.55 $ 5.77

Commercial Hand Collect $19.58 $20.34

The residential trash service rate is higher than 3.9% due to the additional 59 cents due to increases by Sunbright Recycling.

There are no changes to the level of service. Residents will still receive weekly trash & bulk/ brush pick up, every other week recycle pick up and use of the “At your door” household hazardous waste service.

Paul Daugereau from Waste Management will be available at the meeting to answer questions.

ATTACHMENTS: Ordinance Rate increase request letters from Waste Management Copy of the Rate Modification Section from the current contract

ORDINANCE NO. 2019-016

AN ORDINANCE OF THE CITY OF ROBINSON, TEXAS ADOPTING A FIRST ADDENDUM TO SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING FRANCHISE AGREEMENT; APPROVING INCREASE IN RATES BASED ON INCREASED COSTS OF SERVICE TO THE FRANCHISEE; SETTING DATE THAT NEW RATES BECOME EFFECTIVE; AND FINDING THAT THE MEETING AT WHICH THIS ADDENDUM WAS ADOPTED WAS OPEN TO THE PUBLIC AND COMPLIED WITH THE TEXAS OPEN MEETINGS ACT

WHEREAS, by Ordinance No. 2018-009 adopted June 5, 2018 (hereinafter “Franchise Ordinance”) the City Council of the City of Robinson, Texas granted the franchise for collection of solid waste within the City of Robinson and disposal thereof, and for recycling to Waste Management of Texas, Inc. (hereinafter “Franchisee”); and

WHEREAS, the Franchise Agreement allows for the Franchisee to periodically request to increase the customer rates where its costs of providing the services have increased; and

WHEREAS, any increase is subject to City Council approval, and the Franchisee must submit acceptable proof of the increased costs, and such increase must be reasonable under the circumstances; and

WHEREAS, the Franchisee has submitted proof that its cost of service has increased due to the increase in the applicable Consumer Price Index (“CPI”) and an unexpected increase in the per ton fee charged by the recycling processor for recyclables; and

WHEREAS, The City Staff has reviewed the information and has found the Franchisee’s request to be justified and reasonable in the facts and circumstances.

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

Section 1. That the foregoing recitals are incorporated herein and made findings of fact. The increase is made up of increases to two components of the Franchise services. An annual CPI increase is generally to be expected. The CPI increase requested is 3.9% to address inflation generally for the collection and disposal component. The larger increase is the result of increased processor fees for recyclables. This increase is attributable to both market factors (an oversupply in the marketplace) and the fact that China, the world’s largest consumer of recyclables, has enacted new regulations that require more significant processing of recyclables before they are shipped. The processing fee of the processor has increased from $70 per ton to $85 per ton. Should market factors improve resulting in a decrease in the processing fee the Franchisee will pass along the savings through a lower rate.

Section 2. That the Franchisee has submitted proof that an increase in customer rates is justified due to increased cost of services to the Franchisee, and the requested increase is reasonable in the facts and circumstances.

Section 3. The Customer Rate increases shown on Appendix “A” attached hereto and incorporated by reference herein are hereby APPROVED;

Section 4. These Customer Rates, as shown in Appendix “A” shall go into effect for the ______billing cycle. The increase will be considered in the calculation of the Franchise Fee and the Administrative/Billing Fee, and for purposes of any applicable taxes.

Section 5. It is officially found that the meeting at which this First Addendum to the Franchise Ordinance was adopted was open to the public and was noticed and held in compliance with the Texas Open Meetings Act.

ENACTED this 2nd day of July, 2019.

CITY OF ROBINSON

BY: ______Bert Echterling, Mayor

City Secretary

______Jana Lewellen City Secretary

APPENDIX A

Residential Rates

Residential Services including Household Waste Collected One (1) Time Per Week in One (1) 96-Gal Polycart; Brush/Bulk (up to 3cu yds.) Collected One (1) Time Per Week: Recyclables Collected Every Other Week in one (1) 96 Gal-Polycart: & “At Your Door” Special Waste Program: $18.49 Per Home, Per Month

Extra 96 Gallon Cart $5.77 per polycart, per month

Commercial Polycart Rates

Commercial Small Collect $20.34 per polycart, per month (4 Cart Limit)

Commercial Front Load Rates include 5% Franchise Fee to be remitted to City

Container Size / Type 1 X WK 2 X WK 3 X WK 4 X WK 5 X WK 6 X WK 3 Yard FEL Container $79.77 $117.36 $170.96 $214.21 $265.61 $344.69

4 Yard FEL Container $88.99 $148.53 $180.16 $229.67 $274.21 $393.39

6 Yard FEL Container $147.24 $245.42 $368.65 $441.93 $515.54 $665.39

8 Yard FEL Container $175.69 $264.67 $380.78 $475.65 $583.89 $790.77

Extra Pick Up: 3 YD- $39.74 4YD- $44.49 6YD- $73.61 8YD- $87.85 Lock- $10.91 Castors-$10.91

City of Robinson Roll Off and Compactor Rate (Special City use rates only)**

Size Monthly Rental Delivery Fee Collection Fee Disposal per ton 20 YD Roll Off $157.93 $107.02 $181.93 $31.17 30 YD Roll Off $157.93 $107.02 $181.83 $31.17 40 YD Roll Off $157.93 $107.02 $181.83 $31.17 25 YD $467.55 $157.93 $181.83 $31.17 Compactor 30 YD $467.55 $157.93 $181.83 $31.17 Compactor 40 YD $467.55 $157.93 $181.83 $31.17 Compactor *Excludes Franchise or Billing Fee

d) The City shall assess and be entitled to keep a five percent( 5%) franchise fee and six percent( 6%) billing fee( collectively, the " City Fees") for all Residential Unit and Light Commercial Unit services rendered by Contractor hereunder. The City shall retain the City Fees prior to payment of Contractor' s invoices based on payments actually received by the City. The Contractor' s rates set out in Schedule A" do not include the City Fees, so the City is responsible for invoicing and collecting the applicable City Fees from all Residential Unit Customers.

e) The Contractor shall add the five percent( 5%) franchise fee to all Commercial Unit Customer invoices issued by Contractor for services rendered. Contractor shall pay the City the Franchise Fees based on payments actually received by Contractor from Commercial Unit Customers. The Franchise Fee will be assessed on all charges for services, excluding sales tax and the City Fees themselves. Contractor will remit the Franchise Fees to the City within 30 days after the last day of the month of Contractor' s actual receipt of Customers' payments.

8. MODIFICATION TO RATES:

The Contractor may submit a written request for modification to rates on or before July 1st, 2019 and every July 1st thereafter. If Contractor fails to submit a written request for modification to rates on or before July 1st, Contractor waives the right for a modification to rates in accordance with 8. 01 and 8. 02 for that year.

The written request will include an explanation as to why the request is being made along with documentation establishing the CPI rate and fuel rates defined below. Any adjustment shall not exceed the sum of the CPI Adjustment and the Fuel Adjustment as set forth herein. The City Council shall not unreasonably deny any reasonable modification request based on 8. 01 and 8. 02.

8.1 CPI Adjustment. Modifications to Base Rates for services shall be based on the same percentage that the Consumer Price Index, US City Average for All Urban Consumers, Garbage and Trash Collection, Not Seasonally Adjusted, Base Period December 1983 = 100 ( published by the United States Bureau of Labor Statistics, Consumer Price Index) ( the " C. P. I.") shall have increased during the preceding twelve months. In the event the U. S. Department of Labor, Bureau of Labor Statistics ceases to publish the C. P. I., the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision.

8. 2 Fuel Adjustment Base rates shall be subject to a fuel surcharge increase or decrease

as follows: an additional one percent ( 1%) for every twenty-five cents ($ 0. 25) increase in the price of diesel fuel above and including $ 3. 00 per gallon( with a 1% surcharge beginning at $ 3. 00 and a 2% surcharge beginning at $ 3. 25 per gallon). The diesel fuel price shall be as determined by reference to the Energy Information Administration of the US Department of Energy (" EIA/ DOE")' s Weekly Retail on Highway Diesel Prices for the Gulf Coast. The EIA/DOE currently publishes these location: prices on their website at the following

Page 13 http:// tonto. eia. doe. gov/ oog/info/ wohdp/ diesel. asp. The determination of the average price of diesel fuel from the aforesaid website shall be made on the fust Monday prior to the end of each anniversary of the Agreement or the first business day thereafter if such Monday is a Federal Holiday.

8. 3 Additional Adjustments. Contractor shall also be entitled to an increase in Base Rates from time to time during the term of this Agreement, and upon thirty( 30) days' written notice and approval of the City Council, to offset any change in conditions which increase the Contractor' s costs, including but not limited to, increases in disposal costs, increases in landfill fees, changes in MRF charges or requirements, changes in the ordinances under which the Contractor is to operate, or changes in federal, state or local laws, rules or regulations. Documentation of such increases shall be submitted to the City. The City Council shall not unreasonably deny any properly documented request.

9. RECORDS AND REPORTS:

Contractor agrees to maintain at its local office, records relating to the performance of Contractor' s duties under this Agreement. Such records shall be made available upon reasonable notice during business hours for inspection by the City. Contractor shall provide the City with a monthly report within twelve ( 12) calendar days following the end of the month and an annual report within thirty( 30) calendar days following the end of the Agreement year summarizing the following information: Such reports shall include:

Tons of Waste collected and disposed

Estimated tons of Single Stream Materials collected Total tons collected Total number of Light Commercial and Commercial Units being serviced Verified Missed Collection and Unacceptable Set- outs Description of complaints received and how the complaint was addressed/ resolved

10. CITY' S OBLIGATIONS:

The City agrees to perform all obligations required of the City pursuant to the terms of this Agreement, including, but not limited, the following:

a) The City shall communicate City decisions to Contractor on a timely basis from time to time as required under this Agreement;

b) The City shall provide the total number of Residential Units to the Contractor no 25th later than the day of each month ( i.e., the total house count that to receive Contractor services). Contractor will use that monthly Residential Unit total in its next invoice to the City. Ifthe City fails to provide a monthly Residential Unit total, then Contractor may use the last monthly count received from the City for purposes of billing the City. Contractor has no responsibility for any incorrect house counts

Page 14

COUNCIL AGENDA ITEM MEMORANDUM

Regular Agenda Item Date Submitted: 06/26/2016 Meeting Date: 07/02/2019 Agenda Item #17 DEPT./DIVISION SUBMISSION & REVIEW: Craig Lemin, City Manager

ITEM DESCRIPTION: Consider possible action on all matters necessary and proper to carry out the transfer of assets and operations of WMARSS including approval of the Interlocal Agreement and Wholesale Wastewater Contract, and authorize the City manager to execute all instruments to carry out the Council’s intent that may arise as part of the transaction.

STAFF RECOMMENDATION: Recommend approval.

ITEM SUMMARY: As we have discussed in previous meetings and workshops, the WMARSS board has been in discussions for over two years to change the structure of the system. Currently, the system is co-owned by seven cities. This creates difficulties in managing and planning for the treatment system. All seven cities must agree to issue the debt necessary to make improvements and each must then issue the debt. It also limits the ability to access state funding in that each city must separately apply for and qualify for any grants or low interest loans. Dealing with enforcement actions are also problematic as all seven cities are subject individually to TCEQ enforcement action for any system violation.

It has become obvious that the most practical solution for the long-term benefit of the treatment system was for it to become its own separate entity or to be owned and operated by one of the member cities. Both options were evaluated in depth. Creating a separate public utility district would ultimately result in much higher costs. The district would have to issue revenue-based debt with higher interest rates to purchase the entire system from the current cities that own the system. This would result much higher treatment costs as well as potential staffing and plant management issues. There were also fears that the district would act in the best future interests of the region.

After considerable evaluation and discussion, it was decided by the WMARSS Board that one city taking over the system was the most practical solution. Since the City of Waco currently operates the plants and has the most capacity within their organization to run the plants, it made sense for them to take it over. The board also decided that instead of Waco purchasing each city’s share of the plant, the other cities would transfer our ownership shares to Waco in exchange for guaranteed capacity in the system equal to our percentage of current ownership. This guarantees each city will maintain their current capacity going forward. It would also result in a more manageable initial rate since Waco would not be taking on all the additional debt to pay each city.

After almost a year of discussions and negotiations involving the entire board and each city’s attorney, the details of the transfer and a contract for wholesale wastewater services have been worked out. The transfer will become effect October 1st with the beginning of the new fiscal year. At that time the City of Robinson will go from owning just over 3 of WMARSS to being a wholesale wastewater customer with a guaranteed treatment capacity of 1.5711 million gallons per day. A copy of the interlocal agreement terminating existing Operation & Management agreements and conveying assets to the City of Waco along with related transfer agreements are attached. A copy of the Wholesale Wastewater contract is also attached. Approving the Interlocal agreement does commit the City to executing the Wholesale Wastewater contract.

The Wholesale Wastewater does give the City access to additional capacity in the future and provides the City the option to seek other alternatives if the system cannot meet the City’s future capacity needs.

ATTACHMENTS: Interlocal Agreement Quit Claim Deed Bill of Sale Blanket Conveyance Wholesale Wastewater Contract.

WACO METROPOLITAN AREA REGIONAL SEWER SYSTEM (“WMARSS”): 2019 AGREEMENT TERMINATING EXISTING OPERATION & MANAGEMENT AGREEMENTS AND CONVEYING ASSETS TO THE CITY OF WACO

STATE OF TEXAS § § COUNTY OF McLENNAN §

INTERLOCAL COOPERATION AGREEMENT

This Interlocal Cooperation Agreement (“Agreement”) is made and entered into by and between the City of Bellmead, Texas (“Bellmead”), the City of Hewitt, Texas (“Hewitt”), the City of Lacy Lakeview, Texas, (“Lacy-Lakeview”), the City of Robinson, Texas (“Robinson”), the City of Waco, Texas (“Waco”), and the City of Woodway, Texas (“Woodway”), Texas home-rule municipal corporations, and the City of Lorena, Texas (“Lorena”), a Texas general law municipality, acting by and through their authorized representatives, and hereinafter referred to jointly as “Cities” or “Parties.”

Recitals.

Whereas, because of their belief that they could increase the efficiency and effectiveness of providing wastewater treatment to their citizens, Bellmead, Lacy-Lakeview, Robinson, Waco, and Woodway entered into the BRA Agreement in January 2004 for the purpose of taking control of the WMARSS Existing System from BRA; and

Whereas, pursuant to the BRA Agreement, Waco took title to assets comprising the WMARSS Existing System in February 2004 for the benefit of the WMARSS participating Cities and

Whereas, Bellmead, Lacy-Lakeview, Robinson, Waco, and Woodway entered into the 2003-2004 WMARSS Interlocal Agreement, which, among other things, designated Waco as the Operator of the WMARSS Facilities and WMARSS Equipment for the benefit of the participating Cities; and

Whereas, as provided for in the 2003-2004 WMARSS Interlocal Agreement, and pursuant to the 2004 Hewitt Conveyance, Hewitt acquired an undivided 2.4% interest in the WMARSS Existing System from Waco in May 2004, and thereby became one of the joint owners of WMARSS; and

Whereas, pursuant to the 2007 WMARSS Interlocal Agreement, Lorena acquired an equity interest in WMARSS in July 2007, and thereby became one of the joint owners of WMARSS; and

Whereas, Waco purchased approximately 233.9 acres of real property near Bull Hide creek along Cooksey Lane in McLennan County, Texas, for the benefit of WMARSS and constructed and began operating the Bull Hide WWTP at the location in early 2012; and

1" = "1" "#5847056.7" "" #5847056.7 Whereas, Waco acquired additional assets related to the WMARSS Facilities and operated them for the benefit of the participating Cities;

Whereas, due to the complexity of operating and managing the WMARSS Facilities and the need to plan for the future growth in demand for wastewater treatment capacity, each of the Cities have determined that (i) the transfer and conveyance of all of the WMARSS Assets to Waco, (ii) the termination of the various WMARSS Interlocal Agreements governing the operation and management of the WMARSS Facilities and WMARSS Assets, and (iii) the entry into new separate wholesale wastewater agreements whereby Waco will provide wastewater treatment services to Bellmead, Hewitt, Lacy-Lakeview, Lorena, Robinson, and Woodway, will increase the efficiency and effectiveness of providing wastewater treatment services to each of the Cities’ citizens and benefit the public health, safety and welfare of the present and future citizens of the Cities; and

Whereas, Bellmead, Hewitt, Lacy-Lakeview, Lorena, Robinson, and Woodway agree to transfer and convey to Waco their right, title and interest to all the real, personal and intellectual property that comprises the WMARSS Assets; and

Whereas, Waco agrees to accept the transfer and discharge the considerations specified in this Agreement; and

Whereas, the Cities agree to terminate all of the WMARSS Interlocal Agreements and the obligations arising under each of them; and

Whereas, Bellmead, Hewitt, Lacy-Lakeview, Lorena, Robinson, and Woodway each agree to enter into a new wholesale wastewater agreement with Waco; and

Whereas, this Agreement will accomplish a legitimate public purpose of the Cities by providing dependable wastewater treatments services.

NOW, THEREFORE, pursuant to Chapter 791, Texas Government Code, Chapter 271, Texas Local Government Code and as otherwise authorized and permitted by the laws of the State of Texas, for and in consideration of the covenants, conditions and undertakings hereinafter described, and the benefits to accrue to the citizens of the Cities, and subject to each and every term and condition of this Agreement, the Parties contract, covenant and agree as follows:

ARTICLE 1 Findings and Declarations

1.1 Recitals. The recitals hereinabove set forth are incorporated herein for all purposes and are found by the respective City Councils of Bellmead, Hewitt, Lacy Lakeview, Lorena, Robinson, Waco and Woodway to be true and correct. It is further found and determined that the City Councils of Bellmead, Hewitt, Lacy-Lakeview, Lorena, Robinson, Waco and Woodway have authorized or will authorize and approve execution of this Agreement.

1.2 Agreement Enforcement. It is the declared and stated intent of the Cities that the terms, conditions and provisions of this Agreement may be enforced by each of the Cities, jointly

2019 Interlocal Agreement Terminating WMARSS Page 2 of 33 1" = "1" "#5847056.7" "" #5847056.7 or independently, either at law or in equity, and the Cities shall be deemed to have waived any claim or right that is inconsistent with this Agreement and shall be estopped from challenging any term, provision or condition hereof, unless a party breaches this Agreement or as provided elsewhere in this Agreement.

ARTICLE 2 Definitions and Interpretations

2.1 Definitions. The following terms and expressions used in this Agreement, unless the context indicates otherwise, shall mean:

2.1.1 2003-2004 WMARSS Interlocal Agreement means that certain Interlocal Cooperation Agreement by and between Bellmead, Lacy-Lakeview, Robinson, Waco, and Woodway, executed by the participating cities between December 30, 2003, and January 12, 2004.

2.1.2 2004 WMARSS Interlocal Agreement means that certain Waco Metropolitan Area Regional Sewer System (“WMARSS”) Agreement for Operation and Management of Facilities by and between Bellmead, Lacy-Lakeview, Robinson, Waco, and Woodway, executed by the participating cities between April 2, 2004, and April 8, 2004.

2.1.3 2004 Hewitt Conveyance means that certain Conveyance of Undivided Interest in Waco Metropolitan Area Regional Sewer System to the City of Hewitt, Texas between the City of Waco, Texas, and the City of Hewitt, Texas, dated May 5, 2004, and recorded in the real property records of McLennan County as McLennan County Clerk number 2004019570.

2.1.4 2007 WMARSS Interlocal Industrial Pretreatment Agreement means that certain Waco Metropolitan Area Regional Sewer System (“WMARSS”): Interlocal Cooperation Agreement Establishing Industrial Pretreatment Program and Assigning Responsibilities by and between by and between Bellmead, Hewitt, Lacy-Lakeview, Robinson, Waco, and Woodway executed by each of the Cities between June 12, 2007, and June 26, 2007.

2.1.5 2007 WMARSS Interlocal Agreement means that certain Waco Metropolitan Area Regional Sewer System (“WMARSS”): Agreement for Membership Expansion, Facility Expansion/Addition, and Operation & Management of Facilities by and between Bellmead, Hewitt, Lacy-Lakeview, Robinson, Waco, Woodway, and Lorena executed by each of the Cities between June 7, 2007, and July 3, 2007.

2.1.6 2009 WMARSS Interlocal Agreement means that certain Waco Metropolitan Area Regional Sewer System (“WMARSS”): Agreement for Membership Expansion, Facility Expansion/Addition, and Operation & Management of Facilities by and between Bellmead, Hewitt, Lacy-Lakeview, Robinson, Waco, Woodway, and Lorena executed by each of the Cities (other than Lacy-Lakeview) between September 3, 2009, and September 29, 2009.

2019 Interlocal Agreement Terminating WMARSS Page 3 of 33 1" = "1" "#5847056.7" "" #5847056.7 2.1.7 2013 WMARSS Interlocal Agreement means that certain Waco Metropolitan Area Regional Sewer System (“WMARSS”): 2013 Agreement for Operation & Management of Facilities by and between Bellmead, Hewitt, Lacy-Lakeview, Robinson, Waco, Woodway, and Lorena executed by each of the Cities between March 27, 2013, and June 11, 2013, as extended.

2.1.8 2018 WMARSS Interlocal Agreement means that certain Waco Metropolitan Area Regional Sewer System (“WMARSS”): 2013 Agreement for Operation & Management of Facilities by and between Bellmead, Hewitt, Lacy-Lakeview, Robinson, Waco, Woodway, and Lorena executed by each of the Cities between February 6, 2018, and June 13, 2018.

2.1.9 Bellmead Funding Agreement means that certain Waco Metropolitan Area Regional Sewer System Funding Agreement by and between Waco and Bellmead dated February 24, 2004, and recorded in McLennan County Official Public records as Document 2004021586, and that certain Escrow Agreement by and between the same parties executed in connection therewith.

2.1.10 BRA shall mean the Brazos River Authority.

2.1.11 BRA Agreement means collectively, that certain Contract to Transfer the Waco Metropolitan Area Regional Sewer System between BRA and Bellmead, Lacy- Lakeview, Robinson, Waco, and Woodway dated January 20, 2004, and that certain Closing Agreement between BRA and Bellmead, Lacy-Lakeview, Robinson, Waco, and Woodway dated February 24, 2004.

2.1.12 Bull Hide WWTP shall mean the 1.5 mgd plant constructed south of Cooksey Lane on Bull Hide Creek in McLennan County, Texas.

2.1.13 City means one of the cities that are a party to this Agreement.

2.1.14 Cities (or WMARSS Cities) shall mean the cities of Bellmead, Hewitt, Lacy Lakeview, Robinson, Waco, Woodway, and Lorena. The Cities may also be referred to jointly as Parties.

2.1.15 Conveying Cities (or a singular Conveying City) means the Cities of Bellmead, Hewitt, Lacy-Lakeview, Lorena, Robinson, and Woodway.

2.1.16 Effective Date for the Cities of Bellmead, Hewitt, Lacy Lakeview, Lorena Robinson, Waco, and Woodway shall be the later of (i) the date when this Agreement has been executed by all of these Cities, or (ii) October 1, 2019.

2.1.17 Hewitt Funding Agreement means that certain Waco Metropolitan Area Regional Sewer System Funding Agreement by and between Waco and Hewitt dated May 21, 2004, and recorded in McLennan County Official Public records as Document 2004021586, and that certain Escrow Agreement by and between the same parties executed in connection therewith.

2019 Interlocal Agreement Terminating WMARSS Page 4 of 33 1" = "1" "#5847056.7" "" #5847056.7 2.1.18 Lien shall mean any mortgage, pledge, lien, security interest, or charge of any kind.

2.1.19 Operator shall mean the City of Waco, Texas.

2.1.20 Original Plant shall mean the “Existing System” as defined in the BRA Agreement, along with all subsequent expansions, additions, and improvements.

2.1.21 Party or Parties means a City and/or Cities.

2.1.22 Permits shall have the meaning given in Section 2.1.30(g).

2.1.23 Robinson Funding Agreement means that certain Waco Metropolitan Area Regional Sewer System Funding Agreement by and between Waco and Robinson dated February 20, 2004, and recorded in McLennan County Official Public records as Document 2004021586, and that certain Escrow Agreement by and between the same parties executed in connection therewith.

2.1.24 TCEQ means the Texas Commission on Environmental Quality, or any of its predecessors.

2.1.25 TCEQ Permit shall have the meaning given in Section 2.1.30(g).

2.1.26 Warranties shall have the meaning given in Section 2.1.30(i).

2.1.27 Wastewater Treatment Plant or “WWTP” means the wastewater treatment and disposal plant acquired from BRA pursuant to the BRA Agreement, and any and all treatment and disposal plants constructed as part any extensions, improvements, expansions, betterments, rehabilitations or replacements thereof that are used for the storage, treatment, recycling and reclamation of wastewater by WMARSS.

2.1.28 WMARSS means the Waco Metropolitan Area Regional Sewer System and refers to the physical facilities, land, equipment, and all other tangible and intangible assets of the regional wastewater collection and treatment system jointly owned by the Cities, and within this Agreement WMARSS is sometimes used to refer to the Cities participating in the regional wastewater collection and treatment system.

2.1.29 WMARSS After-Acquired Assets means all WMARSS Assets acquired by any Conveying City or Waco for the benefit of WMARSS pursuant to any agreement other than the BRA Agreement.

2.1.30 WMARSS Assets means all of the assets that Waco operates as part of the WMARSS under and pursuant to any WMARSS Interlocal Agreement with the Cities, and any additions and improvements thereto and all real, intellectual, and personal property, easements and associated infrastructure, which the WMARSS Assets shall include, without limitation, the following:

2019 Interlocal Agreement Terminating WMARSS Page 5 of 33 1" = "1" "#5847056.7" "" #5847056.7 (a) The real property owned by any Conveying City or Waco (including without limitation, all real property owned by Waco for the benefit of WMARSS) and described in Exhibit A attached to this Agreement (the “WMARSS Owned Real Property”), which WMARSS Owned Real Property shall include, without limitation, the Original Plant, the WMARSS After-Acquired Assets constituting real property or fixtures, the WMARSS Facilities, all estates, rights, titles and interests of the Conveying Cities in and to all tenements, hereditaments, easements, rights-of-way, rights, licenses, permits (including building, occupancy, environmental and operating permits), rights of ingress and egress, reversionary interests, privileges and appurtenances relating to the WMARSS Owned Real Property and owned by a Conveying City (or the Conveying Cities) or belonging, pertaining or relating to the WMARSS Owned Real Property, any and all rights to present or future use of utility facilities relating to the WMARSS Owned Real Property, and the entire right, title and interest of a Conveying City, if any, in, to and under all streets, alleys, passages, strips, gores, pipes, pipelines, meters, metering stations, vaults, manholes, sewers, sewer rights, ditches, water, water courses, water rights and powers, air rights, railroad sidings, minerals, mineral rights and mineral interests, upon, above, in, under or pertaining to the WMARSS Owned Real Property, and all options and rights to purchase or otherwise acquire real property to the extent associated with the WMARSS, together with all right, title and interest, if any, in and to real property, which, or in which it is later determined or discovered, to have been used in connection with WMARSS;

(b) All estates, rights, titles and interests of a Conveying City (or the Conveying Cities) in and to all plants, storage facilities, buildings, structures, works, fixtures (including, without limitation, all apparatus, buildings, appliances, machinery, equipment and other articles of a permanent nature), construction in progress, improvements, betterments, installations, and additions constructed, erected or located on or attached or affixed to the WMARSS Owned Real Property;

(c) That certain Lease Agreement for Bullhide Wastewater Plant Agricultural Land Use between the City of Waco as the operator of WMARSS, and Robert Hahn, dated December 7, 2017, to be effective as of September 15, 2017 (the “WMARSS Leased Real Property”);

(d) All of each of the Conveying Cities’ interest in (or, to the extent owned by a third person and held by the Conveying Cities pursuant to lease, the Conveying Cities’ leasehold interest in) the tangible personal property, fixtures, furniture, furnishings, office equipment, computers, computer programs, computer software, laboratory equipment, chemicals, vehicles, supplies, telephones, radios, machinery, tools and equipment used in connection with the WMARSS Assets, together with all right, title and interest, if any, in and to personal property, and all other interests, whether direct, indirect or equitable, which, or in which it is later determined or

2019 Interlocal Agreement Terminating WMARSS Page 6 of 33 1" = "1" "#5847056.7" "" #5847056.7 discovered, to have been related to or used in connection with WMARSS (the “Personal Property”), including, without limitation, the WMARSS After-Acquired Assets constituting Personal Property, and the WMARSS Equipment.

(e) The contracts, commitments, agreements, leases, licenses and arrangements relating to the WMARSS to which a Conveying City is a party, if any (the “Assumed Contracts”);

(f) To the extent relating primarily to the WMARSS, all of the (together referred to hereinafter as the “Files and Records”):

(i) Land files, contract files, surveys, maps, plats, correspondence and other documents and instruments evidencing title to or interest in the WMARRS Assets;

(ii) Accounting and financial records;

(iii) Engineering design plans, operation and maintenance manuals, plans, and records;

(iv) Employee records;

(v) Construction records, sub-contractor records, vendor records, manufacturer records, and maintenance records;

(vi) Other books, records and files; and

(vii) Plans, data, research records, customer and supplier lists and similar data and information;

(g) All permits, registrations, licenses, authorizations, approvals, consents, franchises, and the like issued to or for the benefit of Waco or the Conveying Cities by any federal, state or local governmental entity that are required to operate the WMARSS (the “Permits”), including, without limitation, any and all Permits from the Texas Commission on Environmental Quality or any of its predecessors (collectively, “TCEQ”) necessary for the operation of the System, including without limitation TCEQ Permit WQ 11071-001, NPDES Permit No. TX 0026506, and TCEQ Air Permit No. 22237 (the “TCEQ Permit,” whether one or more).

(h) The originals of all copyrighted material, patents, trademarks and intellectual property of any kind developed for WMARSS or paid for in whole or in part by the Conveying Cities through payments to Waco, including, without limitation, intellectual property;

(i) All warranties, guaranties, and the like covering any of the WMARSS Assets (the “Warranties”);

2019 Interlocal Agreement Terminating WMARSS Page 7 of 33 1" = "1" "#5847056.7" "" #5847056.7 (j) All rights of any of the Conveying Cities to the accounts and notes receivable and cash payments for services and products, whether arising by sale, lease or otherwise, arising with respect to the WMARSS;

(k) All goodwill relating to or arising primarily from the WMARSS.

2.1.31 WMARSS Board means the board originally created by the 2003-2004 Interlocal Agreement, and as later constituted by virtue of any later WMARSS Interlocal Agreement.

2.1.32 WMARSS Equipment shall mean any tangible personal property utilized in any way to operate and maintain the WMARSS Facilities.

2.1.33 WMARSS Existing System has the meaning set forth on Exhibit B.

2.1.34 WMARSS Facility or Facilities shall mean the Original Plant, any improvements, upgrades, or repairs to the Original Plant, any expansion to the Original Plant, and all later expansions, additions and improvements to any Waste Water Treatment Plant acquired by Waco or any of the other Cities which provided waste water treatment services pursuant to any agreement among the Cities. This term shall include, but is not limited to, Wastewater Treatment Plants, lift stations, interceptors, and any other physical or tangible structure used to treat or transport wastewater and the real property that such structures are located on or associated with.

2.1.35 WMARSS Leased Real Property shall have the meaning given in Section 2.1.30(c).

2.1.36 WMARSS Owned Real Property shall have the meaning given in Section 2.1.30(a).

2.1.37 WMARSS Interlocal Agreement shall mean any agreement among a City or Cities regarding the ownership, operation, or management of any of the WMARSS Asssets, including without limitation, the 2003-2004 WMARSS Interlocal Agreement, the 2004 WMARSS Interlocal Agreement, the Bellmead Funding Agreement, the Hewitt Funding Agreement, the Robinson Funding Agreement, the Woodway Funding Agreement, the 2007 WMARSS Interlocal Agreement, the 2007 WMARSS Interlocal Industrial Pretreatment Agreement, the 2009 WMARSS Interlocal Agreement, the 2013 WMARSS Interlocal Agreement, and the 2018 WMARSS Interlocal Agreement, and any agreement among a City or Cities executed as a result of any of the foregoing Interlocal Agreements, whether in the nature of an amendment or an extension, or otherwise.

2.1.38 Woodway Funding Agreement means that certain Waco Metropolitan Area Regional Sewer System Funding Agreement by and between Waco and Woodway dated February 24, 2004, and recorded in McLennan County Official Public records as Document 2004021586, and that certain Escrow Agreement by and between the same parties executed in connection therewith.

2019 Interlocal Agreement Terminating WMARSS Page 8 of 33 1" = "1" "#5847056.7" "" #5847056.7 2.2 Interpretations. The following principles shall control the interpretation of this agreement:

2.2.1 Reference to any document means the document as amended or supplemented from time to time.

2.2.2 Reference to any party or governmental regulatory agency means that entity and its successors and assigns.

2.2.3 Where a conflict exists with this Agreement and any other WMARSS Interlocal Agreement, this Agreement shall control after its Effective Date.

ARTICLE 3 Conveyances

3.1 Each of the Conveying Cities hereby transfers and conveys to Waco all of its right, title and interest, whether tangible or intangible, including without limitation, all equity and equitable interests in the WMARSS Assets, free and clear of all Liens. The conveyance of the WMARSS Assets is “AS IS”, with no covenants or agreements relating to the status or condition of the WMARSS Assets, except for the representations and warranties set forth in this Agreement or any of the documents executed in connection with this Agreement.

3.2 Each Conveying City agrees to execute and deliver to Waco in connection with the execution of this Agreement, the Quitclaim Deed in the form of Exhibit C-1, and the Bill of Sale and Blanket Conveyance in the form of Exhibit D. Each Conveying City agrees to execute and deliver to Waco and Lorena in connection with the execution of this Agreement, the Quitclaim Deed in the form of Exhibit C-2. The Cities agree that such documents will be dated to be effective as of October 1, 2019. Waco may cause the Quitclaim Deeds to be recorded in the real property records of McLennan County, Texas, on, or at any time after, October 1, 2019.

3.3 Each of the Conveying Cities hereby represent and warrant to Waco as follows:

3.3.1 There is no claim of whatever nature pending against the WMARSS Assets, or of any regulatory activity, inspection, or notice relating to the WMARSS Assets;

3.3.2 There is no statute, regulation, order, decree, or judgment enacted or promulgated by any governmental entity which prohibits the consummation of the transactions contemplated by this Agreement or makes such transactions illegal;

3.3.3 No preliminary or permanent injunction, temporary restraining order or other decree of any governmental entity, and no action, suit or proceeding by, or before, any governmental entity has been instituted that prohibits or materially restrains, or seeks to prohibit or materially restrain, the consummation of the transactions contemplated by this Agreement;

3.4 Each of the Cities represent and warrant to the others that they have the requisite power and authority to enter into, execute, and deliver this Agreement and all of the documents

2019 Interlocal Agreement Terminating WMARSS Page 9 of 33 1" = "1" "#5847056.7" "" #5847056.7 set forth in this Agreement, and to consummate the transactions contemplated hereby and thereby.

3.5 Each Conveying City agrees to cooperate with Waco in the transfer of the TCEQ Permit to Waco’s name, or, to the extent required, the application for a new TCEQ permit in replacement of the TCEQ Permit, whether prior to or after the Effective Date, by among other things, executing and delivering to Waco or TCEQ such requests for information, transfer applications, conveyance documents, and signatures on such documents as are required to fully and completely effectuate such transfer(s).

3.6 In the event that it is determined that any of the documents executed in connection with this Agreement were insufficient to fully transfer or convey all right, title and interest in the WMARSS Assets to Waco as set forth in Section 3.1, upon Waco’s request made to a Conveying City, each such Conveying City agrees to execute and deliver to Waco such document or documents as may reasonably be necessary to fully effectuate such transfer and conveyance.

ARTICLE 4 Termination of WMARSS

4.1 As of the Effective Date, each and every WMARSS Interlocal Agreement is hereby terminated and of no further force or effect. As of the Effective Date, the WMARSS Board is hereby dissolved. Except as specifically set forth in this Agreement, each City, including without limitation, Waco acting as Operator under any WMARSS Interlocal Agreement, is hereby released from all obligations arising out of any WMARSS Interlocal Agreement as of the Effective Date.

4.2 Bellmead (with respect to the Bellmead Funding Agreement), Hewitt (with respect to the Hewitt Funding Agreement), Robinson (with respect to the Robinson Funding Agreement), and Woodway (with respect to the Woodway Funding Agreement), each acknowledge and agree that there are amounts that remain unpaid to Waco pursuant to their respective funding agreements. The amounts that remain outstanding as of the Effective Date pursuant to each funding agreement is as shown on Exhibit F attached hereto. Each of Bellmead, Hewitt, Robinson, and Woodway agree to pay all such outstanding amounts to Waco on the Effective Date, via transfer of the applicable outstanding amount out of unrestricted funds being held for the benefit of each City by Waco, as Operator, to Waco. Promptly after the payment of such amounts, Waco will cause to be recorded in the real property records of McLennan County, Texas, a release and termination of the funding agreements recorded at Document No. 2004021586 in the real property records of McLennan County, Texas.

4.3 Each City acknowledges and agrees that certain construction, repair, and/or capital improvement projects undertaken or to be undertaken by WMARSS have not yet been fully completed and/or have not yet been fully paid for by WMARSS. The list of such incomplete or unfunded construction projects as of the date of this agreement is listed on Exhibit G attached hereto. Each City agrees to continue funding its obligations for such projects as and when required by the 2018 WMARSS Interlocal Agreement through the

2019 Interlocal Agreement Terminating WMARSS Page 10 of 33 1" = "1" "#5847056.7" "" #5847056.7 Effective Date. In addition, each City agrees to pay to Waco, on or before the Effective Date, an amount sufficient to fully fund each City’s share of such incomplete or unfunded constructions costs, with the intention that all of the costs for each such project shall be fully paid to Waco on or before the Effective Date.

4.4 Each City acknowledges and agrees that Waco, as Operator, is currently holding certain “Reserve Funds” pursuant to the 2018 WMARSS Interlocal Agreement. The estimated amount of such “Reserve Funds” that will be held by Waco, as Operator, as of the Effective Date, for the benefit of each City (after taking into account the payment of the Funding Agreements as described in Section 4.2 above) is shown on Exhibit H attached hereto. Each City hereby releases all such “Reserve Funds”, as shown on Exhibit H, to Waco as of the Effective Date. If, after completion of Waco’s annual audit for the Fiscal Year ended September 30, 2019, it is determined that the amount of such “Reserve Funds” released by each City on the Effective Date, after being reduced by outstanding encumbrances as of September 30, 2019, exceeded, in the aggregate, 10% of the Annual Operation and Maintenance Expense Requirement for Fiscal Year 2019 (as defined in the 2018 WMARSS Interlocal Agreement), Waco shall refund the applicable proportionate share of any such excess to each City. Likewise, if, after completion of Waco’s annual audit for the Fiscal Year ended September 30, 2019, it is determined that the amounts of such “Reserve Funds” released by each City on the Effective Date, after being reduced by outstanding encumbrances as of September 30, 2019, was less than 10% of the Annual Operation and Maintenance Expense Requirement for Fiscal Year 2019, in the aggregate, each City agrees to pay to Waco its proportionate share of any such shortfall, within 30 days of a receipt of an invoice therefor from Waco.

ARTICLE 5 New Wholesale Wastewater Contracts

5.1 As a condition to the effectiveness of this Agreement, each Conveying City agrees to execute and deliver to Waco the Wholesale Wastewater Contract in the form attached hereto as Exhibit E, which Wholesale Wastewater Contract commits Waco to provide capacity in Waco’s wastewater treatment facilities on the terms and conditions and as more fully set forth therein.

ARTICLE 6 Dispute Resolution

6.1 Mediation Required. Each City agrees that prior to filing a lawsuit or an administrative complaint with a regulatory agency seeking compensation or injunctive relief against any City that is a party to this Agreement relating to the management or operation of the WMARSS, the City will agree to submit the disputed matter to non-binding mediation. Venue of such mediation, as well as any litigation, shall be in McLennan County, Texas.

2019 Interlocal Agreement Terminating WMARSS Page 11 of 33 1" = "1" "#5847056.7" "" #5847056.7 ARTICLE 7 Termination and Default Remedies

7.1 No Waiver. No waiver or waivers of any breach or default by any Party to this Agreement of any term, covenant, conditions, or liability hereunder, or of performance by another Party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind under any circumstances.

ARTICLE 8 Notices

8.1 All notices, requests, consents, waivers and other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been given:

8.1.1 if transmitted by facsimile, upon acknowledgment of receipt thereof in writing by facsimile or otherwise;

8.1.2 if personally delivered, upon delivery or refusal of delivery;

8.1.3 if mailed by registered or certified United States mail, return receipt requested, postage prepaid, upon delivery or refusal of delivery; or

8.1.4 if sent by a nationally recognized overnight delivery service, upon delivery or refusal of delivery.

8.2 Unless changed by giving notice as provided in Article 12, all notices, consents, waivers or other communications required or permitted to be given hereunder shall be addressed to the respective Party to whom such notice, consent, waiver or other communication relates at the following addresses:

To the City of Bellmead: City Manager 3015 Bellmead Drive Waco, Texas 76705 Email: Fax: (254) 799-5969

To the City of Hewitt: City Manager P.O. Box 610 Hewitt, Texas 76643 Email:[email protected] Fax: (254)

To the City of Lacy-Lakeview: City Manager 501 E. Craven Lacy Lakeview, Texas 76705 E-mail: Fax: (254) 799-6265

2019 Interlocal Agreement Terminating WMARSS Page 12 of 33 1" = "1" "#5847056.7" "" #5847056.7

To the City of Lorena: City Manager 114 E. Center Street Lorena, Texas 76655-9651 Email: Fax: (254) 857-4118

To the City of Robinson: City Manager 111 West Lyndale Robinson, Texas 76706 Email: Fax: (254) 662-1035

To the City of Waco: City Manager P.O. Box 2570 Waco, Texas 76702-2570 Email: Fax: (254) 750-5880

To the City of Woodway: City Manager 922 Estates Drive Woodway, TX 76712 Email: Fax (254) 772-0695

ARTICLE 9 Miscellaneous

9.1 No Waiver. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to any of the Parties nor to create any legal rights or claim on behalf of any third party. No Party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas of the United States.

9.2 Third Party Beneficiaries. Except as expressly provided herein, nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties, any rights, benefits, or remedies under or by reason of this Agreement.

9.3 Indirect or Consequential Damages. Operator’s liability to cities in contract or in tort under this agreement specifically excludes any and all indirect or consequential damages arising from the operation, maintenance, and management of project.

9.4 Effective Date. This Agreement shall be in full force and effect as of the date the governing bodies of Bellmead, Hewitt, Lacy-Lakeview, Lorena, Robinson, Waco and

2019 Interlocal Agreement Terminating WMARSS Page 13 of 33 1" = "1" "#5847056.7" "" #5847056.7 Woodway have authorized and approved this Agreement by Resolution duly adopted by each respective governing body.

9.5 Entire Agreement. This Agreement and any Exhibits hereto embody the entire agreement and understanding of the Parties hereto and supersede any and all prior agreements, arrangements and understandings relating to the matters provided for herein. No amendment, waiver of compliance with any provision or condition hereof or consent pursuant to this Agreement shall be effective unless evidenced by an instrument in writing signed by the party against whom enforcement of any amendment, waiver or consent is sought. This Agreement may not be amended or modified except in writing executed by all Parties and authorized by their respective governing bodies.

9.6 Exhibits. The Exhibits that are attached hereto are incorporated herein and made a part of this Contract. The Exhibits include:

9.6.1 Exhibit A: WMARSS Owned Real Property

9.6.2 Exhibit B: Definition of Existing System from Contract to Transfer the Waco Metropolitan Area Regional Sewer System (“WMARSS”) executed by the Cities of Bellmead, Hewitt, Lacy-Lakeview, Lorena, Robinson, Waco, and Woodway (“Participants”) with the Brazos River Authority (“Authority”) dated January 20, 2004

9.6.3 Exhibit C-1: Form of Quit-Claim Deed

9.6.4 Exhibit C-2: Form of Quit-Claim Deed (Waco-Lorena Force Main)

9.6.5 Exhibit D: Sewer Agreement

9.7 Partial Invalidity. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the Parties shall be construed and enforced in accordance therewith. The Parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed on such a manner that it will, to the maximum extent practicable, be deemed to be validated and enforceable.

9.8 Survival. Any provisions that by their terms survive the termination of this contract shall bind its legal representatives, heirs, and assigns as set forth herein.

9.9 Gender and Number. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires.

2019 Interlocal Agreement Terminating WMARSS Page 14 of 33 1" = "1" "#5847056.7" "" #5847056.7 9.10 Article and Section Headings. The Article and Section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this contract.

9.11 Assignment. No Party hereto may assign its rights and obligations hereunder.

9.12 Benefits: This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their heirs, legal representative, executors, administrators, successors, and assigns.

9.13 Misspelled Words: Misspelling of one or more words in this contract shall not void this contract. Such misspelled words shall be read so as to have the meaning apparently intended by the Parties.

9.14 Multiple Copies. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed as of the date when all Parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart.

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2019 Interlocal Agreement Terminating WMARSS Page 15 of 33 1" = "1" "#5847056.7" "" #5847056.7 THE CITY OF BELLMEAD

By: City Manager

ATTEST

City Secretary Date Signed

[remainder of page intentionally left blank]

2019 Interlocal Agreement Terminating WMARSS Page 16 of 33 1" = "1" "#5847056.7" "" #5847056.7 THE CITY OF HEWITT

By: City Manager

ATTEST

City Secretary Date Signed

2019 Interlocal Agreement Terminating WMARSS Page 17 of 33 1" = "1" "#5847056.7" "" #5847056.7 THE CITY OF LACY LAKEVIEW

By: City Manager

ATTEST

City Secretary Date Signed

2019 Interlocal Agreement Terminating WMARSS Page 18 of 33 1" = "1" "#5847056.7" "" #5847056.7 THE CITY OF LORENA

By: City Manager

ATTEST

City Secretary Date Signed

2019 Interlocal Agreement Terminating WMARSS Page 19 of 33 1" = "1" "#5847056.7" "" #5847056.7 THE CITY OF ROBINSON

By: City Manager

ATTEST

City Secretary Date Signed

2019 Interlocal Agreement Terminating WMARSS Page 20 of 33 1" = "1" "#5847056.7" "" #5847056.7 THE CITY OF WACO, TEXAS

By: City Manager

ATTEST

City Secretary Date Signed

2019 Interlocal Agreement Terminating WMARSS Page 21 of 33 1" = "1" "#5847056.7" "" #5847056.7 THE CITY OF WOODWAY

By: City Manager

ATTEST

City Secretary Date Signed

2019 Interlocal Agreement Terminating WMARSS Page 22 of 33 1" = "1" "#5847056.7" "" #5847056.7 Exhibit A

WMARSS Owned Real Property

2019 Interlocal Agreement Terminating WMARSS Exhibit A – Page 1 1" = "1" "#5847056.7" "" #5847056.7 EXHIBIT A - PROPERTY DESCRIPTION

Property described in the following transfer documents recorded in the real property records of McLennan County, Texas:

[ORIGINAL PLANT]

A. Special Warranty Deed and Assignment of Easements recorded at Document No. 2004008879.

[LACY-LAKEVIEW CONVEYANCE]

A. Conveyance of Undivided Interest Waco Metropolitan Area Regional Sewer System recorded at Document No. 2004008883.

[HEWITT CONVEYANCE]

A. Conveyance of Undivided Interest in Waco Metropolitan Area Regional Sewer System to the City of Hewitt, Texas recorded at Document No. 2004019570.

[ORIGINAL QUIT-CLAIM PROPERTY]

A. Deed Without Warranty recorded at Volume 1062, Page 467.

B. Deed Without Warranty recorded at Document No. 2001025285, as modified by Special Warranty Deed recorded at Document No. 2002001431.

C. Document recorded at Volume 1062, Page 478.

D. Lis Pendens recorded at Volume 7, Page 355 and Statement of Condemnation recorded at Document No. 2004007442.

E. Lis Pendens recorded at Volume 6, Page 410 and Statement of Condemnation recorded at Document No. 2004007441.

F. Lis Pendens recorded at Volume 6, Page 412 and Judgement of Court in Absence of Objection recorded at Document No. 2004007443.

G. Lis Pendens recorded at Volume 6, Page 408 and Judgment recorded at Document No. 2004007444.

H. Sanitary Sewer Easement recorded at Volume 1683, Page 793.

I. Easement recorded at Volume 1679, Page 192.

J. Sewer Line Easement recorded at Volume 1679, Page 202.

K. Sewer Line Easement recorded at Volume 1672, Page 504.

Exhibit A – Page 2 L. Sewer Line Easement recorded at Volume 1088, Page 578.

M. Sewer Line Easement recorded at Volume 1077, Page 97.

[BULL HIDE WWTP]

A. Warranty Deed recorded at Document No. 2008008311.

[TRANSFER LIFT STATION]

A. Permission to install facility within right-of-way of State Highway 6/Loop 340, Texas Department of Transportation Application/Permit No. WAC20170227153744.

B. Permission to install facility within right-of-way of Business Highway 77, Texas Department of Transportation Application/Permit No. WAC20170227155127.

C. Encroachment on Easement from Oncor Electric Delivery Company LLC, recorded at Document No. 2018011637, over Easements recorded at Volume 685, Page 626 and Volume 688, Page 157. (28)

D. Encroachment on Easement from Oncor Electric Delivery Company LLC, recorded at Document No. 2018011638, over Easement recorded at Volume 891, Page 471. (29)

E. Encroachment on Easement from Oncor Electric Delivery Company LLC, recorded at Document No. 2018011639, over Easements recorded at Volume 897, Page 70 and Volume 686, Page 234 (as modified by Easement Modification Agreements #2008017126 and #2008024672). (30)

F. Encroachment on Easement from Oncor Electric Delivery Company LLC, recorded at Document No. 2017029477, over Easement recorded at Volume 1851, Page 653. (31)

G. Encroachment on Easement from Oncor Electric Delivery Company LLC, recorded at Document No. 2019000042, over Easement recorded at Volume 683, Page 548 and Volume 892, Page 407. (32)

H. Permission to install facility within right-of-way at approximately 1,785 feet northeast of S. University Parks Drive across Velma Drive, Waco, TX, Texas Department of Transportation Application/Permit No. WAC20170609103621.

I. Encroachment Agreement from Atmos Energy Corporation, recorded at Document No. 2017041784, over Easement recorded at Volume 865, Page 596. (15A)

J. Perpetual Easement recorded at Document No. 2017013060. (1) K. Perpetual Easement recorded at Document No. 2017040499. (1A)

Exhibit A – Page 3 L. Public Water/Sewer/Electrical Easement recorded at Document No. 2017038515. (2A)

M. Ingress/Egress Access Easement recorded at Document No. 2017038514. (2B)

N. Public Water/Sewer Easement (with Temporary Construction Easement) recorded at Document No. 2017038513. (2C)

O. Perpetual Easement recorded at Document No. 2008026264. (3)

P. Special Warranty Deed recorded at Document No. 2017040498. (4)

Q. Perpetual Easement recorded at Document No. 2017040500. (4A)

R. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017040501. (4B)

S. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017040502. (4C)

T. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2018002101. (4D)

U. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017013061. (5)

V. Judgment of Court in Absence of Objection recorded at Document No. 2018003833. (6A - Ashley)

W. Deed Without Warranty recorded at MCC Document No. 2003004773. (7)

X. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017013065. (9)

Y. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017026614. (9A)

Z. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017013064. (9C)

AA. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017013059. (11A)

Exhibit A – Page 4 AB. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017026617. (11B)

AC. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017034048. (11C)

AD. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017040503. (12)

AE. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017013058. (13)

AF. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017026613. (13A)

AG. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017040504. (14)

AH. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017026611. (15)

AI. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017013066. (16)

AJ. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017013068. (17)

AK. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2018008076. (19)

AL. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017026615. (21)

AM. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017013067. (21A)

AN. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017013062. (23)

AO. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017026612. (25)

AP. Perpetual Easement recorded at Document No. 2017013063. (26A)

Exhibit A – Page 5 AQ. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2017034705. (27) [FLAT CREEK INTERCEPTOR]

A. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008028949. (Austin)

B. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008018095 (Allen)

C. Judgment recorded at Document No. 2017006550. (Baker)

D. Judgment of Court in Absence of Objection recorded at Document No. 2018032450. (Brown/McDowell

E. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008022340. (Central Companies)

F. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008013362. (Central Tx Investors; (Bowden))

G. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008019338. (Centroplex Prop)

H. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008022339. (Cooper)

I. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008022338. (FM 3400 Trust; (Thompson))

J. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008019342. (Fred M)

K. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008032981. (Frey, Wasserman)

L. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2009002918. (Guerrero)

M. Perpetual Easement recorded at Document No. 2010000525. (Harrison 1)

N. Perpetual Easement recorded at Document No. 2008019337. (Harrison 2)

Exhibit A – Page 6 O. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008026263. (Hirsch 1)

P. Perpetual Easement recorded at Document No. 2008026264. (Hirsch 2)

Q. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2009010369. (Jones)

R. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008029640. (LeBlanc; (Rosa Smith))

S. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008019341. (Lopez)

T. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008019340. (McDowell)

U. Judgment Nunc Pro Tunc recorded at Document No. 2014027579. (Obenoskey)

V. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008019339. (Ranch Creek)

W. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008018093. (Robinson 1)

X. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008018094. (Robinson 2)

Y. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2009018285. (Robinson 3)

Z. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008018096. (Rosenauer)

AA. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008030516. (Ruiz)

AB. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2008032980. (Stahl)

AC. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2010025320. (Tractor Supply)

Exhibit A – Page 7 [BULLHIDE CREEK INTERCEPTOR]

A. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2013008862. (Abood)

B. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2013001977. (Armstrong)

C. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2009020963. (Big Creek)

D. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2011001907. (H Cross)

E. Perpetual Easement recorded at Document No. 2010000183. (McLennan Cty)

F. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2010036977. (Smokey)

G. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2012037854. (Sumner)

H. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2010029360. (Warren Bros)

[SANDY CREEK]

A. Easement Agreement for Water Delivery System recorded at Document No. 2007029088, and amended by First Amendment to Easement Agreement for Water Delivery System as recorded in Document No. 2009010169.

[BULLHIDE CREEK INTERCEPTOR]

A. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2009023174. (Bostick)

B. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2010006467. (Davis Iron 1)

C. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2010006466. (Davis Iron 2)

D. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2010000844. (Simmons)

E. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2009033124. (Warren)

[WACO LORENA FORCE MAIN]

Exhibit A – Page 8 A. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2010006467. (Davis Iron 1)

B. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2010006466. (Davis Iron 2)

C. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2010009681. (Harmon)

D. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2009032410. (Hatch)

E. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2010033550. (RKS)

[OTHER]

A. Perpetual Easement (with Temporary Construction Easement) recorded at Document No. 2015016030. (Cottonwood Creek Interceptor)

B. Public Utility Easement recorded at Document No. 2017017780. (Herring/MLK Easement)

C. Perpetual Easement to the City of Waco, Texas, f/b/o Waco Metropolitan Area Regional Sewerage System (with Temporary Construction Easement) recorded at Document No. 2010025320. (2010 Tractor Supply)

D. Perpetual Easement to the City of Waco, Texas (with Temporary Construction Easement), recorded at Document No. 2008026202. (Lift Station)

Exhibit A – Page 9 Exhibit B

Definition from the Contract to Transfer the Waco Metropolitan Area Regional Sewer System (“WMARSS”) executed by the Cities of Bellmead, Lacy-Lakeview, Robinson, Waco, and Woodway (“Participants”) with the Brazos River Authority (“Authority”) dated January 20, 2004.

“Existing System” means all of the assets that the Authority operates as part of the WMARSS under and pursuant to agreements for sewerage services between Authority and the Participants and any additions and improvements thereto and all real, intellectual, and personal property, easements and associated infrastructure, which the Existing System shall include, without limitation, the following:

1. The real property owned by the Authority and described in Schedule 1.1(j)(1) to the Transfer Agreement (the “Owned Real Property”), which Owned Real Property shall include, without limitation, all estates, rights, titles and interests of the Authority in and to all tenements, hereditaments, easements, rights-of-way, rights, licenses, permits (including building, occupancy, environmental and operating permits), rights of ingress and egress, reversionary interests, privileges and appurtenances relating to the Owned Real Property and owned by the Authority or belonging, pertaining or relating to the Owned Real Property, any and all rights to present or future use of utility facilities relating to the Owned Real Property, and the entire right, title and interest of the Authority, if any, in, to and under all streets, alleys, passages, strips, gores, pipes, pipelines, meters, vaults, manholes, sewers, sewer rights, ditches, water, water courses, water rights and powers, air rights, railroad sidings, minerals, mineral rights and mineral interests, upon, above, in, under or pertaining to the Owned Real Property, and all options and rights to purchase or otherwise acquire real property to the extent associated with the WMARSS;

2. All estates, rights, titles and interests of the Authority in and to all plants, storage facilities, buildings, structures, works, fixtures (including, without limitation, all apparatus, buildings, appliances, machinery, equipment and other articles of a permanent nature), construction in progress, improvements, betterments, installations, and additions constructed, erected or located on or attached or affixed to the Owned Real Property;

3. The real property leases in effect (each a “Real Property Lease”), if any, as described in Schedule 1.1(j)(3) to the Transfer Agreement (the “Leased Real Property”);

4. All of the Authority’s interest in (or, to the extent owned by a third person and held by the Authority pursuant to lease, the Authority’s leasehold interest in) the tangible personal property, fixtures, furniture, furnishings, office equipment, computers, computer programs, computer software, laboratory equipment, chemicals, vehicles, supplies, telephones, radios, machinery, tools and equipment that has been paid for directly or indirectly, in whole or in part, by the Participants through payments to

2019 Interlocal Agreement Terminating WMARSS Exhibit B – Page 1 1" = "1" "#5847056.7" "" #5847056.7 the Authority (unless with the consent of the Participants, the Authority has reimbursed or does reimburse the Participants for their contribution to the acquisition of such property prior to Closing) (the “Personal Property”), including, without limitation, the Personal Property described in Schedule 1.1(j)(4) to the Transfer Agreement;

5. The contracts, commitments, agreements, leases, licenses and arrangements relating to the WMARSS to which the Authority is a party described upon Schedule 1.1(j)(5) to the Transfer Agreement (the “Assumed Contracts”);

6. To the extent relating primarily to the WMARSS, all of the Authority’s (together referred to hereinafter as the “Files and Records”):

(a) Land files, contract files, surveys, maps, plats, correspondence and other documents and instruments evidencing the Authority’s title to or interest in the Existing System;

(b) Accounting and financial records;

(d) Employee records for each Hired Employee (defined in Section 11.1 of the Transfer Agreement), to the extent the delivery of these employee records is not in violation of applicable laws;

(e) Construction records, sub-contractor records, vendor records, manufacturer records, and maintenance records;

(f) Other books, records and files; and

(g) Plans, data, research records, customer and supplier lists and similar data and information;

7. All permits, registrations, licenses, authorizations, approvals, consents, franchises, and the like issued to the Authority by any federal, state or local governmental entity that are required to operate the WMARSS (the “Permits”), including, without limitation, any and all Permits from the Texas Commission on Environmental Quality or any of its predecessors (collectively, “TCEQ”) necessary for the operation of the System (the “TCEQ Permit,” whether one or more), the TCEQ Permit and the other Permits being described in Schedule 1.1(j)(7) of the Transfer Agreement;

8. The originals of all copyrighted material, patents, trademarks and intellectual property of any kind developed for WMARSS or paid for in whole or in part by the Participants through payments to the Authority, including, without limitation, the intellectual property described in Schedule 1.1(j)(8) of the Transfer Agreement;

2019 Interlocal Agreement Terminating WMARSS Exhibit B – Page 2 1" = "1" "#5847056.7" "" #5847056.7 9. All warranties, guaranties, and the like covering any of the assets comprising the Existing System (the “Warranties”);

10. All rights of the Authority to the accounts and notes receivable and cash payments for services and products, whether arising by sale, lease or otherwise, arising with respect to the WMARSS;

11. All goodwill relating to or arising primarily from the WMARSS.

2019 Interlocal Agreement Terminating WMARSS Exhibit B – Page 3 1" = "1" "#5847056.7" "" #5847056.7 Exhibit C-1

Form of Quitclaim Deed

2019 Interlocal Agreement Terminating WMARSS Exhibit C-1 – Page 1 1" = "1" "#5847056.7" "" #5847056.7 QUITCLAIM DEED

THE STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF MCLENNAN §

THAT, the CITY OF BELLMEAD, the CITY OF HEWITT, the CITY OF LACY LAKEVIEW, the CITY OF ROBINSON, and the CITY OF WOODWAY, Texas home-rule municipal corporations, and the CITY OF LORENA, a Texas general law municipality, in their individual capacities, and acting collectively together with the CITY OF WACO as the parties comprising the WACO METROPOLITAN AREA REGIONAL SEWER SYSTEM (sometimes also known as WACO METROPOLITAN AREA REGIONAL SEWER SYSTEM FUND, WACO METROPOLITAN AREA REGIONAL SEWERAGE SYSTEM, or WMARSS) (individually and collectively, "Grantor''), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid by the CITY OF WACO, a municipal corporation located in McLennan County, Texas ("Grantee"), the receipt and sufficiency of which are hereby acknowledged by Grantor, has QUITCLAIMED unto Grantee all of Grantor's right, title, interest, claim, and demand in and to, and by these presents does QUITCLAIM the following (collectively, the "Property"): those certain tracts of real property and easements situated in McLennan County, Texas, and described in those documents listed in Exhibit A attached hereto and made a part hereof for all purposes, together with all and singular Grantor's right, title, interest, claim, and demand in and to the rights, privileges, hereditaments, and appurtenances pertaining to such real property, including any and all strips and gores, if any, between the property and any abutting properties, whether owned or claimed by deed, limitations, or otherwise, and whether located inside or outside the property, and any land lying in or under the bed of any creek, stream, or waterway or any highway, avenue, street, road, alley, easement or right-of-way, open or proposed, in, or across, abutting or adjacent to the property, together with all improvements, fixtures and personalty owned by Grantor located thereon and any right, title and interest of Grantor in and to adjacent streets, alleys and rights-of-way, together with Grantor’s right, title and interest, if any, in and to property, real or personal, in which or in which it is later determined or discovered that Grantor has or purports to have an interest, whether direct, indirect or equitable, to the extent such property is used in connection with the WACO METROPOLITAN AREA REGIONAL SEWER SYSTEM.

TO HAVE AND TO HOLD the above released rights, titles, interests, claims, and demands to said Property, to Grantee and Grantee's legal representatives, successors and assigns forever. Neither Grantor nor Grantor's legal representatives, successors or assigns shall have, claim, or demand any right or title to the Property or any part of it.

Grantor represents and warrants to Grantee that Grantor has the requisite power and authority to enter into, execute and deliver this Deed and to consummate the transactions contemplated hereby. Except for the representations and warranties made in the immediately preceding sentence, (a)

Exhibit C-1 – Page 2 1" = "1" "#5854846.6" "" #5854846.6 Grantor hereby disclaims any warranty, representation, covenant, agreement, or guaranty, oral or written, expressed or implied or by operation of law, with respect to any matter affecting the Property, and Grantor shall have no liability to Grantee, and Grantee releases Grantor from any liability (including, but not limited to, contractual and/or statutory actions for contribution or indemnify), for, concerning, or regarding (i) the nature and condition of the Property, including, but not limited to the suitability thereof for any activity or use; (ii) any improvements or substances located thereon; or (iii) the compliance of the Property with any laws, rules, ordinances or regulations of any government or other body, and (b) BY ITS ACCEPTANCE OF THIS DEED AND IN CONSIDERATION OF THE CONVEYANCE BY GRANTOR HEREIN, GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE, DOES NOT MAKE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR GUARANTIES, EXPRESSED OR "IMPLIED, OR ARISING BY OPERATION OF LAW, AS TO THE MERCHANTABILITY, HABITABILITY, QUANTITY, QUALITY, OR ENVIRONMENTAL CONDITION OF THE PROPERTY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE HEREBY ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION ON AN "AS IS," "WHERE IS" AND "WITH ALL FAULTS'' BASIS.

Notwithstanding anything to the contrary contained in this Quitclaim Deed, in the event that a Grantor has received any warranty of title with respect to the Property, then such Grantor does by this instrument transfer and assign to Grantee, to the extent transferable, such warranty of title to the extent (and only to the extent) it pertains to and covers the Grantor’s interest in and to the Property.

[THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK.]

-2- Exhibit C-1 – Page 3 1" = "1" "#5854846.6" "" #5854846.6 EXECUTED on the dates set forth below, to be effective as of noon, October 1, 2019.

GRANTOR: THE CITY OF BELLMEAD

By: Name: Title: City Manager

ATTEST ______City Secretary Date Signed

THE STATE OF TEXAS § § COUNTY OF MCLENNAN §

This instrument was acknowledged before me on the ____ day of ______, 9 201, by ______, City Manager of THE CITY OF BELLMEAD,a municipal corporation, on behalf of said corporation.

[NOTARY STAMP] ______Notary for the State of: ______My Commission Expires: ______

Exhibit C-1 – Page 4 1" = "1" "#5854846.6" "" #5854846.6 GRANTOR: THE CITY OF HEWITT

By: Name: Title: City Manager

ATTEST ______City Secretary Date Signed

THE STATE OF TEXAS § § COUNTY OF MCLENNAN §

This instrument was acknowledged before me on the ____ day of ______, 2019, by ______, City Manager of THE CITY OF HEWITT, a municipal corporation, on behalf of said corporation.

[NOTARY STAMP] ______Notary for the State of: ______My Commission Expires: ______

Exhibit C-1 – Page 5 1" = "1" "#5854846.6" "" #5854846.6 GRANTOR: THE CITY OF LACY-LAKEVIEW

By: Name: Title: City Manager

ATTEST ______City Secretary Date Signed

THE STATE OF TEXAS § § COUNTY OF MCLENNAN §

This instrument was acknowledged before me on the ____ day of ______,9 , 201 by ______, City Manager of THE CITY OF LACY-LAKEVIEW, a municipal corporation, on behalf of said corporation.

[NOTARY STAMP] ______Notary for the State of: ______My Commission Expires: ______

Exhibit C-1 – Page 6 1" = "1" "#5854846.6" "" #5854846.6 GRANTOR: THE CITY OF LORENA

By: Name: Title: City Manager

ATTEST ______City Secretary Date Signed

THE STATE OF TEXAS § § COUNTY OF MCLENNA §

This instrument was acknowledged before me on the ____ day of ______,9 , 201 by ______, City Manager of THE CITY OF LORENA, a Texas general law municipality, on behalf of said municipality.

[NOTARY STAMP] ______Notary for the State of: ______My Commission Expires: ______

Exhibit C-1 – Page 7 1" = "1" "#5854846.6" "" #5854846.6 GRANTOR: THE CITY OF ROBINSON

By: Name: Title: City Manager

ATTEST ______City Secretary Date Signed

THE STATE OF TEXAS § § COUNTY OF MCLENNAN §

This instrument was acknowledged before me on the ____ day of ______,9 , 201 by ______, City Manager of THE CITY OFROBINSON , a municipal corporation, on behalf of said corporation.

[NOTARY STAMP] ______Notary for the State of: ______My Commission Expires: ______

Exhibit C-1 – Page 8 1" = "1" "#5854846.6" "" #5854846.6 GRANTOR: THE CITY OF WACO

By: Name: Title: City Manager

ATTEST ______City Secretary Date Signed

THE STATE OF TEXAS § § COUNTY OF MCLENNAN §

This instrument was acknowledged before me on the ____ day of ______,9 , 201 by ______, City Manager of THE CITY OF WACO, a municipal corporation, on behalf of said corporation.

[NOTARY STAMP] ______Notary for the State of: ______My Commission Expires: ______

Exhibit C-1 – Page 9 1" = "1" "#5854846.6" "" #5854846.6 GRANTOR: THE CITY OF WOODWAY

By: Name: Title: City Manager

ATTEST ______City Secretary Date Signed

THE STATE OF TEXAS § § COUNTY OF MCLENNAN §

This instrument was acknowledged before me on the ____ day of ______, 9 201, by ______, City Manager of THE CITY OF WOODWAY,a municipal corporation, on behalf of said corporation.

[NOTARY STAMP] ______Notary for the State of: ______My Commission Expires: ______

Exhibit C-1 – Page 10 1" = "1" "#5854846.6" "" #5854846.6 Accepted, acknowledged and agreed:

GRANTEE: THE CITY OF WACO

By: Name: Title: City Manager

ATTEST ______City Secretary Date Signed

THE STATE OF TEXAS § § COUNTY OF MCLENNAN §

This instrument was acknowledged before me on the____ day of ______, 2019, by ______, City Manager of THE CITY OF WACO, a municipal corporation, on behalf of said corporation.

[NOTARY STAMP] ______Notary for the State of: ______My Commission Expires: ______

-10- Exhibit C-1 – Page 11 1" = "1" "#5854846.6" "" #5854846.6 EXHIBIT A

PROPERTY DESCRIPTION

Property described in the following transfer documents recorded in the real property records of McLennan County, Texas:

[ORIGINAL PLANT]

A. Special Warranty Deed and Assignment of Easements recorded at Document No. 2004008879.

[LACY-LAKEVIEW CONVEYANCE]

A. Conveyance of Undivided Interest Waco Metropolitan Area Regional Sewer System recorded at Document No. 2004008883.

[HEWITT CONVEYANCE]

A. Conveyance of Undivided Interest in Waco Metropolitan Area Regional Sewer System to the City of Hewitt, Texas recorded at Document No. 2004019570.

[ORIGINAL QUIT-CLAIM PROPERTY]

A. Deed Without Warranty recorded at Volume 1062, Page 467.

B. Deed Without Warranty recorded at Document No. 2001025285, as modified by Special Warranty Deed recorded at Document No. 2002001431.

C. Document recorded at Volume 1062, Page 478.

D. Lis Pendens recorded at Volume 7, Page 355 and Statement of Condemnation recorded at Document No. 2004007442.

E. Lis Pendens recorded at Volume 6, Page 410 and Statement of Condemnation recorded at Document No. 2004007441.

F. Lis Pendens recorded at Volume 6, Page 412 and Judgement of Court in Absence of Objection recorded at Document No. 2004007443.

G. Lis Pendens recorded at Volume 6, Page 408 and Judgment recorded at Document No. 2004007444.

H. Sanitary Sewer Easement recorded at Volume 1683, Page 793.

I. Easement recorded at Volume 1679, Page 192.

J. Sewer Line Easement recorded at Volume 1679, Page 202.

Exhibit C-1 – Page 12 1" = "1" "#5854846.6" "" #5854846.6 K. Sewer Line Easement recorded at Volume 1672, Page 504.

L. Sewer Line Easement recorded at Volume 1088, Page 578.

M. Sewer Line Easement recorded at Volume 1077, Page 97.

[BULL HIDE WWTP]

A. Warranty Deed recorded at Document No. 2008008311.

[TRANSFER LIFT STATION]

A. Permission to install facility within right-of-way of State Highway 6/Loop 340, Texas Department of Transportation Application/Permit No. WAC20170227153744.

B. Permission to install facility within right-of-way of Business Highway 77, Texas Department of Transportation Application/Permit No. WAC20170227155127.

C. Encroachment on Easement from Oncor Electric Delivery Company LLC, recorded at Document No. 2018011637, over Easements recorded at Volume 685, Page 626 and Volume 688, Page 157. (28)

D. Encroachment on Easement from Oncor Electric Delivery Company LLC, recorded at Document No. 2018011638, over Easement recorded at Volume 891, Page 471. (29)

F. Encroachment on Easement from Oncor Electric Delivery Company LLC, recorded at Document No. 2017029477, over Easement recorded at Volume 1851, Page 653. (31)

G. Encroachment on Easement from Oncor Electric Delivery Company LLC, recorded at Document No. 2019000042, over Easement recorded at Volume 683, Page 548 and Volume 892, Page 407. (32)

I. Encroachment Agreement from Atmos Energy Corporation, recorded at Document No. 2017041784, over Easement recorded at Volume 865, Page 596. (15A)

J. Perpetual Easement recorded at Document No. 2017013060. (1)

-12- Exhibit C-1 – Page 13 1" = "1" "#5854846.6" "" #5854846.6 K. Perpetual Easement recorded at Document No. 2017040499. (1A)

L. Public Water/Sewer/Electrical Easement recorded at Document No. 2017038515. (2A)