Sep 15, 2025 City Council Regular Meeting

[00:00:05]

GOOD EVENING.

[1. Call to Order]

I DON'T HAVE Y'ALL DO THAT VERY OFTEN, BUT THANK YOU, .

NEVER KNOW WHAT TO EXPECT UP HERE.

THANK YOU ALL FOR BEING HERE.

I KNOW SOME OF YOU, UH, HAVE AN AGENDA ITEM AND, UH, SOME OF YOU'RE HERE FOR A PROCLAMATION OR AN AWARD, UH, BUT WHATEVER REASON YOU'RE HERE, THANK YOU FOR BEING HERE.

AND THANK YOU FOR CARING ABOUT WAXAHATCHEE.

IT IS SEPTEMBER 15TH AND THE TIME IS 7 0 2.

IF YOU WOULD, UH, PLEASE STAND WITH ME FOR THE INVOCATION.

GRACIOUS HEAVENLY FATHER, WE COME TO YOU THIS EVENING AND THANK YOU.

THANK YOU FOR ALL THAT YOU DO IN OUR LIVES.

LORD, THANK YOU FOR OUR BLESSINGS.

AND MOST OF ALL, THANK YOU LORD, FOR YOUR FORGIVENESS.

LORD, IN THE LAST COUPLE OF WEEKS, LAST 10 DAYS, SO MANY OF YOUR PEOPLE ARE HURTING.

LORD, I JUST LIFT EVERY ONE OF THEM UP TO YOU TONIGHT.

I PRAY THAT THEY FEEL YOUR PRESENCE WITH THEIR CIRCUMSTANCE THAT THEY'RE GOING THROUGH.

I DON'T KNOW ALL OF THEM, LORD, BUT YOU DO.

AND LORD, I I JUST WANNA PRAY FOR EVERYONE UP HERE THAT ARE SERVING, THAT ARE GIVING THEIR HEART DAY IN AND DAY OUT TO SERVE THIS CITY AND ALL OF THE CITY EMPLOYEES.

LORD, THE WONDERFUL JOB THAT THEY DO DAY IN AND DAY OUT TO MAKE THIS PLACE WONDERFUL, TO KEEP IT WONDERFUL AND TO HELP SHAPE THE FUTURE.

I PRAY ALL THIS IN YOUR HOLY SON'S NAME, AMEN.

AMEN.

IF YOU WOULD JOIN US IN THE PLEDGE, IF I PLEDGE ALL ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE, ALL HONOR THE TEXAS FLAG OF PLEDGE ALLEGIANCE TO DEED TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

THANK YOU.

YOU MAY BE SEATED.

WITH THAT, WE MOVE

[4. Announcements/Presentations]

2025 IS CONSTITUTION WEEK.

PAT, WOULD YOU LIKE TO COME UP AND SAY A FEW WORDS? I WAS GONNA LET YOU DO ALL THE TALKING, BUT ANYWAY, HERE I AM MAYOR WALLACE, COUNCIL MEMBERS, I'M PAT HERNANDEZ AND I'M REGENT OF THE REBECCA BOY CHAPTER NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION.

AND ON BEHALF OF OUR CHAPTER, I'M PRIVILEGED TO ACCEPT THIS PROCLAMATION, RECOGNIZING CONSTITUTION WEEK SEPTEMBER 17TH THROUGH 23RD.

UH, JOINING ME THIS EVENING ARE MEMBERS OF THE REBECCA BOYS CHAPTER AND MEMBERS OF THE ELLIS COUNTY CHAPTER, NUMBER 70 SONS OF THE AMERICAN REVOLUTION, AND A FEW AMERICAN PATRIOTS MAY BE A FIRST FOR THE CITY COUNCIL .

THIS PROCLAMATION HOLDS SPECIAL SIGNIFICANCE BECAUSE IT IS THE ENDURING, UH, DOCUMENT OF OUR COUNTRY.

AND IT ALSO RECOGNIZES THE ANNIVERSARY OF THE SIGNING OF THE UNITED STATES CONSTITUTION ON SEPTEMBER 17TH, 1787.

CONSTITUTION WEEK SERVES AS A VITAL REMINDER OF THE FREEDOMS AND RESPONSIBILITIES WE AS CITIZENS CHERISH.

AND WE SINCERELY THANK YOU FOR THIS DISTINGUISHED HONOR AND FOR YOUR COMMITMENT TO FOSTERING CIVIC ENGAGEMENT AND HISTORICAL AWARENESS IN OUR COMMUNITY.

THANK YOU.

THANK YOU, PAT.

AND THANK YOU FOR, FOR ALL OF YOU BEING HERE TONIGHT.

THE PROCLAMATION READS, WHEREAS IT IS THE PRIVILEGE AND DUTY OF THE AMERICAN PEOPLE TO COMMEMORATE THE 234TH ANNIVERSARY OF THE DRAFTING OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA WITH APPROPRIATE CEREMONIES AND ACTIVITIES, WHEREAS PUBLIC LAW NINE 15 GUARANTEES THE ISSUING OF A PROCLAMATION EACH YEAR BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, DESIGNATING

[00:05:01]

NOW, THEREFORE, I, I, BILLY WALLACE, MAYOR OF WAXAHATCHEE, ALONG WITH THE ENTIRE CITY COUNCIL, DO HEREBY PROCLAIM SEVEN SEPTEMBER 17TH THROUGH THE 23RD, 2025 AS CONSTITUTION WEEK, AND URGE ALL CITIZENS TO STUDY THE CONSTITUTION AND REFLECT ON THE PRIVILEGE OF BEING AN AMERICAN WITH ALL THE RIGHTS AND RESPONSIBILITIES, WHICH THAT PRIVILEGE INVOLVES PROCLAIM THIS 15TH DAY OF SEPTEMBER, 2025.

MAYOR BILLY WALLACE, IF WE COULD GET EVERYONE UP TO THE FRONT THAT WOULD LIKE TO BE IN THE PHOTO AS WE PRESENT THIS PROCLAMATION, I'D APPRECIATE IT.

SURE, YOU WILL.

THEY GOT THE WIDE ANGLE IN THERE.

THERE.

YEAH, THEY GOT THE BIG ONE.

OH, CHUCK.

AND YOU HAVE TO.

HEY, TERRY, HOW ARE YOU? HI, NICK.

YOU'RE WELCOME.

YOU TOO.

THANK YOU.

YOU'RE ALL RIGHT.

THEY'RE ROWDY BUNCH .

HEY.

LEAST THEY'RE PEACEFUL.

ALL THAT BRINGS US TO, UH, PRESENTING A KEEP WALKS HECHE BEAUTIFUL COMMITTEE, PRIDE IN NEIGHBORHOOD AWARD.

BRAD MAYOR, COUNCIL STAFF.

GOOD EVENING.

UH, THE PRIDE IN NEIGHBORHOOD AWARD, A SPECIAL PROGRAM PRESENTED BY KEEP WALKS HATCHY BEAUTIFUL CREATED TO RECOGNIZE HOMEOWNERS AND BUSINESSES WHO SHOW EXCEPTIONAL COMMUNITY PRIDE THROUGH THE CARE AND UPKEEP OF THEIR PROPERTIES.

NOMINATED BY MEMBERS OF THE PUBLIC AND SELECTED BY THE KWB COMMITTEE MEMBERS DURING ONE OF THE REGULAR MEETINGS,

[00:10:01]

TODAY WE'RE PROUD TO HONOR THE ORDAY FAMILY OF 5 1 8 COTTON VIEW AS THIS QUARTER'S RECIPIENT OF THE PRIDE AND NEIGHBORHOOD AWARD.

NOW, I DON'T BELIEVE THEY WERE ABLE TO MAKE IT TO THE MEETING TONIGHT, BUT WE'D LIKE TO RECOGNIZE THEM REGARDLESS.

UH, AS YOU DRIVE DOWN COTTONWOOD, THEIR BEAUTIFUL HOME IMMEDIATELY CATCHES YOUR EYE TRUE REFLECTION OF THE TIME, CARE AND ATTENTION THEY PUT INTO MAINTAINING THEIR YARD.

MR. ORDAY SHARED THAT HE HAS ALREADY APPLIED HIS WINTER FERTILIZER TO THE BERMUDA TURF, UH, MAKING SURE IT STAYS HEALTHY THROUGH THE COLDER MONTHS AND RETURNS TO VIBRANT IN THE SPRING.

MEANWHILE, MRS. ORDAY ENJOYS DECORATING THEIR TWO STUNNING PALM TREES WITH LIGHTS DURING THE HOLIDAY SEASON, SPREADING FESTIVE CHEER THROUGHOUT THE NEIGHBORHOOD, AND RECOGNITION OF THE PRIDE THEY TAKE IN THEIR HOME AND THEIR COMMITMENT TO ENHANCING THE BEAUTY OF OUR COMMUNITY.

KEEP WAXAHATCHEE BEAUTIFUL IN PARTNERSHIP WITH THE CITY OF WAXAHATCHEE.

PARKS DEPARTMENT IS HONORED TO PRESENT THE OREA FAMILY WITH A CERTIFICATE OF RECOGNITION AND A HOME DEPOT GIFT CARD.

THANK YOU FOR HELPING KEEP WALKS THE HATCH.

YOU BEAUTIFUL.

THANK YOU.

THANK YOU FOR THAT RECOGNITION AND THE AWARD.

AND, UH, THANK YOU TO THIS FAMILY.

THAT BRINGS

[5. Public Comments]

PERSONS MAY ADDRESS THE CITY COUNCIL ON ANY ISSUES.

THIS IS THE APPROPRIATE TIME FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY CONCERN WHETHER ON THIS AGENDA OR NOT IN ACCORDANCE WITH THE STATE OF TEXAS OPEN MEETINGS ACT.

THE COUNCIL MAY NOT COMMENT OR DELIBERATE SUCH STATEMENTS DURING THIS PERIOD, EXCEPT IS AUTHORIZED BY SECTION 5 5 1 0 4 2 OF THE TEXAS GOVERNMENT CODE.

SPEAKERS MUST OBSERVE THE FIVE MINUTE TIME LIMIT.

IF YOU'D LIKE TO SPEAK DURING PUBLIC COMMENTS, PLEASE COME FORWARD AND GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY.

GOOD EVENING.

MY NAME IS SIA GARNER.

I RESIDE AT 1 0 9 SHORE SITE TRAIL.

MY TOPIC FOR DISCUSSION TODAY IS REGARDING, UM, CITY ORDINANCE NUMBER 3 0 0 4, TITLED OVERNIGHT CAMPING AND TEMPORARY SHELTERS.

PROVIDE A LITTLE BACKGROUND FOR YOU.

FOR THE PAST SEVERAL WEEKS, I'VE OBSERVED AN INDIVIDUAL CAMPED ON HIGHWAY 77 IN FRONT OF THE MURPHY GAS STATION NEAR COLE JUNIOR HIGH.

THIS INDIVIDUAL SITS IN A LAWN CHAIR IN THE GRASSY AREA, UM, NEXT TO A GROCERY CART THAT CONTAINS HIS BELONGINGS.

HE CAMPS IN THE AREA DAY AND NIGHT.

HE APPEARS TO BE HOMELESS.

HE HAS NOT ERECTED A TENT OR OTHER TYPE OF PORTABLE STRUCTURE TO SHELTER HIM FROM THE ELEMENTS.

I PHONED THE NON-EMERGENCY POLICE LINE ON SEPTEMBER 10TH TO REPORT MY CONCERN.

THE RESPONSE WAS, WAS A COUPLE.

FIRST WAS THAT THEY'D ALREADY RECEIVED CALLS ABOUT THIS INDIVIDUAL THAT TELLS ME THAT RESIDENTS ARE CONCERNED THAT THE INDIVIDUAL IS HARMLESS AND THAT THERE WAS NOTHING THEY COULD DO BECAUSE HE HAD NOT ERECTED A, A TENT.

AND THEY KINDLY ADVISED ME TO COME TO THE CITY COUNCIL MEETING TO VOICE MY CONCERNS.

THAT'S WHY I'M HERE TODAY.

UM, MY RECOMMENDATION IS THAT WE AMEND CITY ORDINANCE NUMBER 3 0 0 4.

THIS ORDINANCE WAS SIGNED, UM, IN 2018 AND IS COMPRISED OF TWO SECTIONS.

ONE SECTION, UM, ADDRESSES OVERNIGHT CAMPING AT CAMPING SITES, AND THE OTHER SECTION, UH, ADDRESSES, UH, THE ERECTION OF TEMPORARY SHELTERS.

I WOULD SUGGEST ADDING A NEW SECTION, UM, THAT PROHIBITS THE PUBLIC CAMPING AND SLEEPING ON CITY STREETS, SIDEWALKS, OR PARKS.

NOW, I DID A LITTLE RESEARCH ON TO FIND, YOU KNOW, VERY GOOD APPROPRIATE LANGUAGE FOR THIS EDITION, AND I FOUND, UM, LANGUAGE FROM FLORIDA'S, UM, RECENT HOMELESS, UM, LAW THAT GOVERNOR DESANTIS SIGNED.

AND THIS IS KIND OF WHAT THE LANGUAGE STATES.

FIRST OF ALL, IT, UM, IT'S TITLED PUBLIC CAMPING AND SLEEPING ON CITY STREETS, SIDEWALKS, OR PARKS PROHIBITED.

AND IT BEGINS BY DEFINING WHAT PUBLIC CAMPING AND SLEEPING MEANS.

TWO AREAS, LODGING OR RESIDING DURING THE DAY AND OR OVERNIGHT, AND A

[00:15:01]

UM, THAT IS MY RECOMMENDATION.

AND I HAVE THE VERBIAGE THAT I JUST LIST.

IF YOU WANT A COPY OF IT OR NOT, I CAN LEAVE IT WITH THE, OKAY.

THANK YOU SO MUCH FOR YOUR TIME.

THANK YOU.

ANYONE ELSE? SEEING NONE, I'LL CLOSE THE PUBLIC COMMENTS.

THAT

[6. Consent Agenda]

ALL MATTERS LISTED UNDER ITEM SIX OF THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION.

THERE WILL NOT BE SEPARATE DISCUSSION OF THESE ITEMS. APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE MAYOR OR CITY MANAGER MANAGER TO EXECUTE ALL MATTERS NECESSARY TO IMPLEMENT EACH ITEM.

ANY ITEM MAY BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION AND CONSIDERATION BY ANY MEMBER OF THE COUNCIL.

COUNCIL MADAM MAYOR, I MOVE TO APPROVE ALL ITEMS ON THE CONSENT AGENDA AS PRESENTED AND AUTHORIZE THE INTERIM CITY MANAGER AND OR MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND PLEASE.

MOTION CARRIES.

THANK YOU COUNSEL.

NEXT

[7. Public Hearing on the proposed Tax Rate for fiscal year 2025-2026 ]

2026.

CHAD.

THANK YOU, MAYOR.

GOOD EVENING, MAYOR AND COUNCIL.

CHAD TUS, FINANCE DIRECTOR.

UH, SO THIS ITEM IS A PUBLIC HEARING ON THE PROPOSED, UH, TAX RATE THAT'S INCLUDED IN THE 2026, UH, BUDGET.

THE UPCOMING, UH, FISCAL YEAR.

THIS MEETS THE REQUIREMENTS OF, UH, STATE TAX CODE OR STATE TAX CODE.

UH, CHAPTER 26.

UH, THE PROPOSED BUDGET MAINTAINS THE RATE OF 61 CENTS.

IT PROVIDES FUNDING FOR OPERATING COSTS TO KEEP PACE WITH THE CITY'S GROWTH, AS WELL AS, UH, HELP FUND CAPITAL INFRASTRUCTURE NEEDS THROUGHOUT THE CITY BECAUSE THE VOTE IS BEING HELD ON THE SAME DAY AS THE PUBLIC HEARING JUST TODAY.

NO ACTION IS NEEDED ON THIS ITEM FOLLOWING THE PUBLIC HEARING.

OKAY, THIS IS A PUBLIC HEARING.

IF YOU'D LIKE TO SPEAK ON THIS ITEM, PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY.

SEEING NONE, I'LL CLOSE THE PUBLIC HEARING.

[8. Consider proposed ordinance approving revised budget figures for fiscal year 2024-2025 and adopting the budget for fiscal year 2025-2026]

CHAD.

THANK YOU, MAYOR.

UH, SO THE NEXT, UH, FEW ITEMS HERE, THEY ARE RELATED TO THE CITY'S BUDGET, WHICH AGAIN, WILL GO INTO EFFECT WITH THE NEW FISCAL YEAR ON BEGINNING OCTOBER 1ST.

SO FOR THIS ITEM, THERE'S UH, TWO, TWO PARTS TO IT.

THE FIRST PART, IT AMENDS THE CURRENT BUDGET TO REFLECT OUR YEAR END ESTIMATE, WHERE WE THINK WE'RE GONNA, UH, LAND AS FAR AS OUR, UM, LINE ITEMS GO.

IT ALSO INCLUDES SAVINGS IN VARIOUS ACCOUNTS, UH, THAT WE WANT TO REALIZE AND CAPTURE.

AND THEN IT ALSO ACCOUNTS FOR ENCUMBERED FUNDS THAT HAVE, UH, THAT, UH, WILL BE CARRIED FORWARD INTO NEXT YEAR.

UM, THE SECOND PORTION OF THIS ITEM, IT ADOPTS, UH, THE BUDGET FOR NEXT YEAR, FISCAL YEAR 2026.

UH, AS YOU KNOW, THIS BUDGET IS A RESULT OF NUMEROUS STAKEHOLDER, UH, MEETINGS WITH STAFF, WORK SESSIONS WITH CITY COUNCIL AND PUBLIC HEARINGS.

AND SO STAFF DOES RECOMMEND APPROVAL OF THIS ITEM.

THANK YOU.

THANK YOU, CHAD.

COUNSEL, MAD MAYOR, BEFORE WE, UM, HAVE A MOTION ON THIS, I, I JUST WANNA SAY HOW PROUD I AM OF THE LEADERSHIP THAT YOU'VE SHOWN AND THAT, UM, INTERIM CITY MANAGER, RICKY BOYD AND ALBERT HAVE SHOWN, UM, TO GET US TO THIS POINT ALONG WITH CHAD AND HIS TEAM.

UM, I KNOW

[00:20:01]

AND WITH THIS COUNCIL AND THIS TEAM AND THE STAFF, WE WERE ABLE TO, TO NOT JUST DO THAT, BUT WE'RE ALSO ABLE TO INCREASE THE HOMESTEAD EXEMPTION, WHICH ESSENTIALLY WILL, I THINK ON AVERAGE HAD WHAT IT $60 THAT THE AVERAGE HOMEOWNER YEAH.

WILL SAVE COMPARED, YEAH, AN ADDITIONAL $70 ON THAT EXTRA 3.5%.

SO TO BE ABLE TO DO ALL OF THAT AND ALSO HAVE THE FORWARD THINKING TO, AND WE ARE PURCHASING A FIRE ENGINE THAT WE AREN'T GONNA SEE FOR THREE YEARS, , I MEAN, IT, IT'S, IT'S PRETTY INCREDIBLE WHAT THE TEAM HAS DONE.

UM, SO THANK YOU TO ALL OF Y'ALL.

UM, IT, IT WAS A, A TOTAL TEAM EFFORT AND IN TWO SHORT MONTHS WE GOT A WHOLE LOT DONE.

I AM, I'M PROUD OF WHAT THIS GROUP HAS DONE.

VERY PROUD.

THANK YOU COUNCILMAN SMITH FOR THOSE WORDS.

WITH THAT MADAM MAYOR, I MOVE TO APPROVE REVISED BUDGET FIGURES FOR FISCAL YEAR 20 24, 25 AND ADOPT THE BUDGET FOR FISCAL YEAR 25, 26 AS PRESENTED.

WE HAVE A MOTION.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

[9. Consider proposed ordinance amending Water and Wastewater rates and fees and setting an effective date of October 1, 2025]

CHAD.

ALRIGHT, THANK YOU MAYOR.

UH, SO AS DISCUSSED IN, UH, SO AGAIN, AS YOU MENTIONED, THIS ITEM SETS THE RATES AND FEES FOR WATER AND SEWER SERVICE.

UM, AS DISCUSSED IN THE, AT THE BUDGET WORK SESSIONS, A 4% INCREASE IS INCLUDED FOR WATER AND WASTEWATER TO HELP KEEP PACE WITH GROWTH, ADDRESS INFLATIONARY COST INCREASES, AND ALSO PREPARE FOR THE FUTURE CAPITAL NEEDS THAT WE SEE COMING, UH, TO THE CITY IN OUR WATER AND WASTEWATER SYSTEMS. UM, APART FROM THE RATES TIED TO WATER CONSUMPTION, THE ORDINANCE DOES INCLUDE SOME CHANGES TO VARIOUS UTILITY FEE, UTILITY FEES TO HELP RECOVER COSTS OF SERVICE.

UH, IT ALSO ELIMINATES SOME FEES FOR SERVICES THAT WE'VE NO LONGER BEEN PROVIDING.

SO JUST SOME CLEANUP OF THE ORDINANCE.

UM, ALSO INCLUDED IN THIS IS THE RATE FOR THE SOCAL WATER, UH, TREATMENT PLANT.

UH, SO THIS IS A SHARED JOINT VENTURE WITH ROCKET UTILITY DISTRICT AND THE CITY.

UH, THIS RATE IS THE CALCULATED RATE FOR CONSUMPTION THAT'S CHARGED TO THE CITY AND THE ROCKET TO HELP RECOVER COSTS TO BE ABLE TO OPERATE THAT PLANT.

SO THAT'S ALSO INCLUDED IN THERE.

AS PART OF THIS ORDINANCE, I'M AVAILABLE FOR ANY QUESTIONS.

AND CHAD, YOU MAY NOT HAVE THIS INFORMATION IN FRONT OF YOU, BUT CAN YOU JUST QUICKLY, UH, EXPLAIN HOW THIS WORKS AS FAR AS COMPARISON TO OTHER CITIES, UH, IN OUR COUNTY AND SAME SIZE AS FAR AS AN INCREASE IN THE WATER RATES? YES, MAYOR.

SO ONE THING THAT WE DO DURING THE BUDGET PROCESS IS, OF COURSE, THIS IS AN ENTERPRISE FUND, SO WE'RE GONNA NEED TO CAPTURE THE REVENUE IN ORDER TO BE ABLE TO OPERATE THE, THE, THE WATER AND WASTEWATER SYSTEMS. WE DO GO OUT AND WE LOOK AT OUR COMPARISON CITIES SEE KIND OF WHERE WE LINE UP TO, UM, THE CITIES THAT WE NORMALLY COMPARE OURSELVES TO.

AND OF COURSE IT'S NOT APPLES TO APPLES, BUT WE GET PRETTY CLOSE AND WE ARE PRETTY COMPARATIVE.

WE'RE IN THE BOTTOM, UH, BOTTOM QUARTILE OF THE AMOUNT OF FEES CHARGED, UH, TO THE CUSTOMER FOR COMBINED WATER AND WASTEWATER, UM, FEES.

UM, SO WE ARE COMPETITIVE.

UH, WE ARE STARTING TO STAY COMPETITIVE.

I ALSO MENTIONED TOO ONE THING THAT, UH, WE DO AS WELL AND INFLATION IS A BIG FACTOR.

AND THAT'S SOMETHING WE'VE BEEN TALKING ABOUT SINCE 2020.

UM, AND JUST GOING BACK AND LOOKING, WE'VE LOOKED, JUST LOOKING AT OUR, AT OUR RATE HISTORY SINCE 2020, WE'VE HAD AN AVERAGE INCREASE ON THE WATER SIDE, AN ANNUAL INCREASE OF ABOUT 2.1%.

AND ON THE WASTEWATER SIDE 3.3%.

AND WHEN YOU LOOK AT OUR ANNUAL INFLATION RATE, THE AVERAGE OVER THE LAST FIVE YEARS IN THE SAME TIME PERIOD, WE'RE AT 4.4%.

SO AGAIN, A LOT OF CITIES, AND YOU MAY SEE THIS, UM, YOU KNOW, TML AND OTHER NEWS SOURCES PUT OUT DIFFERENT STORIES OF WHAT OTHER CITIES ARE DOING.

SOME CITIES MIGHT WAIT AND DO A 20% INCREASE AND NOT AFTER NOT DOING ANYTHING FOR FIVE YEARS.

UH, ONE THING WE'VE TRIED TO DO IS TRY TO MAINTAIN KEEPING UP WITH THAT INFLATION RATE, ALSO STAYING COMPETITIVE WITH OTHER CITIES.

AND WE, THAT'S WHAT WE'RE TRYING TO DO IN THIS BUDGET AS WELL.

SO, UM, BY NO MEANS ARE WE THE MOST EXPENSIVE TO OTHER CITIES, UH, THAT WE'VE COMPARED OURSELVES TO, UH, PER POPULATION.

AS A MATTER OF FACT, WE'RE LOWER THAN A LOT OF THE CITIES OF OUR SAME SIZE.

IS THAT A

[00:25:01]

OKAY, THANK YOU.

YOU'RE WELCOME.

COUNSEL.

MAD MAYOR, I MOVE TO APPROVE AN ORDINANCE SITTING WATER AND WASTEWATER RATES AND FEES AND SITTING IN EFFECTIVE DATE OF OCTOBER 1ST, 2025.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

THAT BRINGS

[10. Consider proposed ordinance adopting the Tax Rate for fiscal year 2025-2026]

ALRIGHT, THANK YOU MAYOR.

SO AGAIN, UH, THE PROPOSED RATE, AS I MENTIONED BEFORE, IS, UH, 61 CENTS PER $100 OF VALUATION.

THIS IS UNCHANGED FROM THE PRIOR YEAR.

UH, THIS IS BROKEN AGAIN, THIS IS BROKEN DOWN INTO TWO COMPONENTS, THE MAINTENANCE AND OPERATION OR M AND O, UH, WHICH FUNDS, UH, BASIC CITY SERVICES THROUGHOUT THE CITY, PUBLIC SAFETY, STREET MAINTENANCE, LIBRARY ADMINISTRATION, SOME OTHER CRUCIAL FUNCTIONS.

THE SECOND COMPONENT OF THE, UH, OF THE 61 CENTS, UH, IS FOR INTEREST IN SYNCING OR THE DEBT SERVICE IS, UH, THIS, THIS RATE IS SET ASIDE, UM, FOR THE CITY TO BE ABLE TO, UM, SERVICE THE DEBT AND, UH, BOND OBLIGATIONS THAT THE CITY'S INCURRED.

THIS ITEM DOES REQUIRE A RECORD VOTE.

IS THIS THE THIRD YEAR CHAD, THAT WE'VE HELD AT 61? IT IS, IT IS.

AND I THINK WE, I'M REMEMBERING RIGHT, I THINK IN 2020 IT WAS AT 68 CENTS AND THEN OVER SINCE THEN, WE BROUGHT IT DOWN TO 61 CENTS WHILE IMPLEMENTING, UM, THREE DIFFERENT TIMES AND INCREASES TO THE HOMESTEAD EXEMPTION AS WELL.

OKAY, THANK YOU COUNSEL.

MAD MAYOR, I MOVE TO APPROVE AN ORDINANCE ESTABLISHING THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF THE TAX RATE OF 61 CENTS WITH AN OPERATION AND MAINTENANCE RATE OF 38.39 CENTS, AND AN INTEREST IN SINKING RATE OF 22.61 CENTS, WHICH IS EFFECTIVELY A 5.9% INCREASE IN THE TAX RATE.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

OKAY.

OKAY, WE'LL TAKE A VOTE, UH, INDIVIDUALLY.

UH, SO WE'LL START TO MY RIGHT.

OKAY.

YAY.

YAY, YAY, YAY.

OKAY.

AND THAT, UH, PASSES.

GOOD.

VERY GOOD.

THANK YOU CHAD.

[11. Consider a motion to ratify the property tax revenue increase reflected in the fiscal year 2025-2026 budget in accordance with the Texas Local Government Code]

CONSIDER A MOTION TO RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE FISCAL YEAR 25, 26 BUDGET IN ACCORDANCE WITH THE TEXAS LOCAL GOVERNMENT CODE.

CHAD.

ALRIGHT, THANK YOU MAYOR.

SO THIS IS ANOTHER, UH, STATUTORY REQUIREMENT.

UH, BASICALLY WHAT IT SAYS IS IF A CITY PROPOSES A BUDGET THAT WILL COLLECT MORE PROPERTY TAXES THAN THE PRIOR YEAR, EVEN IF IT'S JUST A DOLLAR, THEN UH, UH, THE, THE CITY MUST TAKE A VOTE TO RATIFY THAT INCREASE.

THAT'S WHAT THIS IS.

COUNSEL CHAD, JUST FOR CLARITY, UM, THERE ARE CERTAIN PROPERTIES THAT ON JANUARY ONE OF LAST YEAR, TAKE FANATICS FOR EXAMPLE, UM, IT WAS LARGELY JUST A PILE OF DIRT THAT WAS ON THE MOVE.

SO THAT INCREASE IS GOING TO HAPPEN EVERY SINGLE TIME THAT SOMEBODY BUYS LAND TO DEVELOP IT, RIGHT? SO THEN THIS WOULD HAVE TO BE WITH THE CURRENT LAWS WOULD HAVE TO BE SOMETHING THAT WE DO EVERY SINGLE YEAR.

WHEN, WHEN, WHEN LAND IS DEVELOPED, CORRECT? CORRECT.

THANK YOU, SIR.

I WOULD BE SURPRISED IF ANY CITY DID NOT, AT LEAST RIGHT NOW, NOT HAVE TO DO THIS AS PART OF THEIR, TERRY, DO WE NEED AN INDIVIDUAL VOTE FOR THIS ONE? NO.

OKAY, COUNSEL, MAD MAYOR, I MOVE TO RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECTED IN FISCAL YEAR 20 25, 26.

BUDGET.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

[12. Consideration and adoption of a resolution authorizing defeasance and redemption of certain of the City’s outstanding obligations and other related matters]

SO, AS PART OF THE BUDGET PROCESS, ONE OTHER THING WE DO IS WE REVIEW OUR EXISTING DEBT CAPACITY.

WE IDENTIFY OPPORTUNITIES TO DE FEES OR PAY OFF OLD DEBT, UM, WITH OUR, WITH OUR, UM, WITH OUR INTEREST IN SINKING DEBT CAPACITY.

AND

[00:30:01]

SO IF YOU RECALL IN 2022 AND 2023, WE PAID OFF 2011 AND 2013, UH, BONDS, AND WE SAVED ABOUT $1.1 MILLION IN INTEREST COSTS DOING THAT, UM, WE'VE IDENTIFIED THAT, UH, UM, WE HAVE SOME, UH, WE CAN PAY OFF 2014 IN A PORTION OF 2016 BONDS AS WELL.

SO THIS ITEM WOULD UTILIZE UP TO $6 MILLION IN CAPACITY TO PAY OFF 2014 AND A PORTION OF 2016, UH, RESULTING IN ADDITIONAL INTEREST COST SAVINGS OF ABOUT $1.9 MILLION.

SO THIS IS A, THIS IS A GOOD ITEM THAT IT REALLY SET, HELPS SET THE GROUNDWORK FOR, UM, FUTURE BONDING CAPACITY AND SAVING THE CITY MONEY AND INTEREST COSTS.

THANK YOU, CHAD.

COUNSEL CHAD, CAN YOU JUST REPEAT THAT AGAIN? HOW MUCH WE, WE WILL SAVE BY PAYING THESE OFF? YEAH, SO IT'D BE ABOUT 1.9 MILLION, SO OVER THE THREE, IT'LL BE ALMOST ABOUT $3 MILLION.

MADAM MAYOR, I MOVE TO APPROVE A RESOLUTION AUTHORIZING THE DFE AND REDEMPTION OF THE CITY'S OUTSTANDING OBLIGATIONS AND OTHER RELATED MATTERS.

DO YOU HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

ALRIGHT, THANK YOU MAYOR.

THANK YOU CHAD.

NEXT

[13. Consider proposed ordinance re-establishing classified positions under Civil Service]

LINDSEY.

GOOD EVENING, MAYOR AND COUNSEL.

THIS ITEM BEFORE YOU IS TO REESTABLISH THE NUMBER OF CLASSIFIED POSITIONS IN THE POLICE AND FIRE DEPARTMENT UNDER CIVIL SERVICE.

THIS, UM, PROCESS IS COMPLETED ANNUALLY WITH THE BUDGET PROCESS.

THE PROPOSED ORDINANCE INCLUDES SIX ADDITIONAL FIREFIGHTERS, FIVE ADDITIONAL POLICE OFFICERS, AND ONE ADDITIONAL POLICE SERGEANT.

UM, THIS ORDINANCE DOES NOT INCLUDE THE ADDITIONAL THREE PUMP ENGINEER POSITIONS APPROVED IN THE BUDGET.

AN ADDITIONAL ORDINANCE WILL BE PRESENTED AT A LATER DATE TO AUTHORIZE THESE POSITIONS ONCE THE NEW BLOCKER TRUCK HAS BEEN ORDERED.

ARE THERE ANY QUESTIONS? THANK YOU, LINDSEY.

YOU'RE WELCOME.

COUNSEL, I MOVE TO ADOPT THE PROPOSED ORDINANCE, REESTABLISHING THE CLASSIFIED POSITIONS UNDER CIVIL SERVICE IN THE POLICE AND FIRE DEPARTMENTS.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU TRACY.

CHRIS, I BETTER STEP IT UP.

YOU BETTER CARRIED THIS THING .

NEXT

[14. Consider and act upon an ordinance of the City of Waxahachie, Texas, approving the 2025- 2026 annual service plan update to the Service and Assessment Plan for the Waxahachie Public Improvement District No. 1 and providing an effective date.]

CONSIDER AND ACT UPON AN ORDINANCE OF THE CITY OF W STATUTE, TEXAS APPROVING THE 20 25 20 26 ANNUAL SERVICE PLAN UPDATE TO THE SERVICE AND ASSESSMENT PLAN FOR THE WAXAHATCHEE PUBLIC IMPROVEMENT DISTRICT ONE AND PROVIDING AN EFFECTIVE DATE.

COME ON UP, SIR.

GOOD EVENING, MAYOR AND COUNSEL.

ABDI SEEN WITH MCAP, YOUR PAID ADMINISTRATOR, UM, TEXAS, UH, LOCAL GOVERNMENT CODE CHAPTER 3 72, WHICH GOVERNS PUBLIC IMPROVEMENT DISTRICTS REQUIRES THE GOVERNING DOCUMENT, THE SERVICE AND ASSESSMENT PLAN TO BE, UH, UPDATED AND BASICALLY REVIEWED BY COUNCIL EACH YEAR.

UH, FOR THE ATCH, THE FIRST SERVICE AND ASSESSMENT PLAN WAS ADAPTED BACK IN 2011.

SO WE'VE DONE ABOUT 14 UPDATES, SO THIS WILL BE UPDATE NUMBER 15.

UH, WE'VE PUT TOGETHER THE ANNUAL UPDATES AND SUBMITTED TO TO, TO YOU ALL, AND HOPEFULLY YOU HAD A CHANCE TO LOOK AT IT.

UM, WE, WE DID ALSO PUT TOGETHER A LITTLE BIT OF A PRESENTATION, UH, FOR ABLE TO PULL IT UP.

IF NOT, I CAN, I I CAN PULL IT UP HERE.

PIER.

SO WE HAVE THREE SECTIONS IN WAX API RIGHT NOW THAT HAVE ASSESSMENTS, PHASE ONE, PHASE TWO, AND PHASE THREE.

SO THIS, UH, APP UPDATE COVERS ALL THREE SECTIONS.

UM, IN SECTION ONE, UH, WE ACTUALLY, UH, SECTION ONE WE ARE, WE NEED TO COLLECT ABOUT 136,000 119, UH, WHICH IS ABOUT THE SAME AS LAST YEAR.

SO WE NEED TO COLLECT THAT AMOUNT TO, TO PAY OBLIGATIONS UNDER THE BONDS THAT WERE ISSUED BACK IN 2011.

AND DISTRICT ADMINISTRATION COSTS IN PHASE TWO, UH, WE WILL NEED TO COLLECT A TOTAL OF $53,306, WHICH IS AGAIN, ABOUT THE SAME AS LAST YEAR.

AND THAT AMOUNT IS NEEDED TO PAY OBLIGATION UNDER A REIMBURSEMENT AGREEMENT FOR THE PHASE TWO, UH, AUTHORIZED IMPROVEMENTS.

AND IN PHASE THREE, WE'LL NEED TO COLLECT, UH, A TOTAL OF $124,301, WHICH IS FOR THE OBLIGATIONS UNDER THE PHASE THREE REIMBURSEMENT AGREEMENT AND TO PAY DISTRICT ADMINISTRATION COSTS.

UM, THE AMOUNTS ARE PRETTY MUCH IDENTICAL AS LAST YEAR.

WE'VE ACTUALLY PUT TOGETHER A SUMMARY.

I DON'T KNOW IF IT WAS PART OF THE, THE PACKET.

I THINK YOU HAVE IT IN THERE.

SO HOPEFULLY

[00:35:01]

WE'VE TRIED TO MAINTAIN THE, UH, YOU KNOW, WE'VE TRIED TO INTRODUCE PREDICTABILITY ON THE ASSESSMENTS, TRY TO MAKE SURE THAT THERE ARE NO SURPRISES TO THE PROPERTY OWNERS.

SO WE'VE BEEN FORTUNATE ENOUGH TO KEEP THE ASSESSMENTS AS CONSISTENT AS POSSIBLE OVER THE YEARS.

SO THIS IS THE 15TH SUCH UPDATE, SO HOPEFULLY YOU HAD A CHANCE TO LOOK AT IT.

AND IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER SHORT OF THAT, WE RECOMMEND APPROVAL OF THIS UPDATES, SO WE CAN SEND THAT OUT TO THE TAX ASSESSOR COLLECTOR.

SO THEY INCLUDING THE TA IN THE PROPERTY TAX BILL IN OCTOBER.

THANK YOU.

COUNSEL.

HOW MANY BEERS DOES EACH FACE? SO PHASE ONE WILL HAVE, UH, IT WAS 30 YEARS, SO WE'LL HAVE 15 YEARS.

PHASE TWO WAS IN 2018, SO THIS WILL BE NUMBER, SO WE'LL HAVE ANOTHER 24 FOR PHASE TWO.

AND PHASE PHASE THREE WAS 2022.

SO WE'LL HAVE 28 YEARS.

SO ARE YOU SAYING WITH THOSE NUMBERS THAT THE HOMEOWNER WILL SEE ABOUT WHAT THEY'VE BEEN PAYING AND NOT AN INCREASE? UH, YEAH, IT'S JUST, UH, I, I HAVE ACTUALLY THE ACTUAL NUMBERS HERE IN PHASE ONE.

UH, AS AN EXAMPLE, UH, 60 FOOT PROPERTY OWNER PAID $592 AND 54 LAST YEAR.

THIS YEAR WILL BE $601 AND 52.

AND THE INCREASE IS ENTIRELY BECAUSE WE'RE PAYING FIVE, $5,000 MORE IN PRINCIPLE THIS YEAR.

SO THAT, THAT'S THE, THE REASON FOR THE INCREASE IN PHASE TWO.

UH, A 60 FOOT PROPERTY OWNER PAID $425 LAST YEAR, THEY'LL BE PAYING $435 THIS YEAR.

AGAIN, THAT IS RELATED TO A THOUSAND DOLLARS INCREASE IN PRINCIPAL PAYMENT THIS YEAR, WHICH REDUCES THE ASSESSMENT FASTER.

IN PHASE THREE.

THE AMOUNT THAT PROPERTY OWNER PAID WAS 4 93 56 LAST YEAR.

THIS YEAR WILL BE 4 93 26.

IT'S SLIGHTLY LOWER, BUT ABOUT THE SAME.

THANK YOU FOR THAT INFORMATION.

WELCOME COUNSEL.

I MOVE TO APPROVE AN ORDINANCE APPROVING THE 20 25 20 26 ANNUAL SERVICE PLAN UPDATE TO THE SERVICE AND ASSESSMENT PLAN FOR THE PUBLIC IMPROVEMENT DISTRICT NUMBER ONE AND PROVIDING AN EFFECTIVE DATE.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU, COUNSEL.

THANK YOU.

[15. Consider and act upon an ordinance of the City of Waxahachie, Texas, approving the 2025- 2026 annual service plan update to the Service and Assessment Plan for the North Grove Public Improvement District and providing an effective date.]

GO AHEAD, MAYOR AND COUNCIL.

SAME AS WAXAHATCHEE PIT, THE NORTH GROVE PIT, WHICH WAS LEVIED BACK IN 2016, ALSO REQUIRED THE AN ANNUAL UPDATE.

THIS WILL BE OUR, UH, NINTH UPDATE.

I BELIEVE THAT WE'VE, WE'VE DONE, UH, SINCE THEN, WE'VE ADDED TWO IMPROVEMENT AREAS IN NORTH GROVE.

SO THIS AB UPDATE COVERS IMPROVEMENTS AREA ONE, TWO, AND THREE.

SO THE ORIGINAL ONES THAT WERE DONE BACK IN 2016, AND THEN TWO IMPROVEMENT AREAS THAT WERE ADDED ABOUT THREE YEARS AGO.

SO THIS WILL BE COVERING ALL THREE.

FOR THE FIRST IMPROVEMENT AREA, WE'LL NEED TO COLLECT ABOUT $559,881.

UH, FOR THE SECOND IMPROVEMENT AREA, WE'LL NEED TO COLLECT $146,670.

AND FOR THE THIRD IMPROVEMENT AREA, WE'LL NEED TO COLLECT A $313 THOUSAND $118.

AND OH THREE WILL BE USED TO PAY BOND OBLIGATION, UH, BONDS THAT WERE ISSUED BACK IN 20 20 16 AND 2023.

FOR, FOR THE, THE IMPROVEMENT AREAS, UH, IN THIS PARTICULAR PIT, WE WERE ACTUALLY ABLE TO REDUCE THE BUDGET, THE, THE, YOU KNOW, THE AMOUNTS TO BE COLLECTED FROM LAST YEAR.

JUST AS, AS AN EXAMPLE IN IMPROVEMENT AREA NUMBER ONE, OUR BUDGET LAST YEAR WAS 570,995.

SO WE'RE ABLE TO REDUCE THAT ABOUT ABOUT $11,000 THIS YEAR.

UH, AND UH, THAT'S MAINLY BECAUSE, UH, THE PRINCIPAL AMOUNT DID NOT GO UP IN THIS PARTICULAR, UH, PHASE, BUT THE INTEREST AMOUNT WENT DOWN BY ABOUT 10,000.

SO THAT TRANSLATED TO A $10,000 SAVING FOR THE PROPERTY OWNERS, UH, IN IMPROVEMENT AREA NUMBER TWO, UH, OUR BUDGET THIS YEAR IS ABOUT $5,000 LESS.

SO LAST YEAR WE COLLECTED 153,526.

THIS YEAR WE'LL BE COLLECTING 146,670.

AND THE REASON FOR THAT IS BECAUSE WE HAD ABOUT $5,000 EXCESS MONEY THAT WE DID NOT NEED LACK FROM LAST YEAR'S COLLECTION.

SO WE PROVIDED THAT AS A CREDIT FOR THE PROPERTY OWNER.

SO THEIR AMOUNT IS THIS YEAR IN AREA THREE, LAST YEAR WE COLLECTED 323,463 $62, AND THIS YEAR WE'LL BE COLLECTING 313,800, UH, $118.

THAT'LL BE ABOUT $10,000 LESS.

AND THEN THAT IS A COMBINATION OF ONE, UH, WE'VE PAID, UH, INTEREST OF THE INTEREST AMOUNT WENT DOWN.

AND THEN TWO, WE'RE ALSO ABLE TO GIVE A $5,000 CREDIT FOR THE PROPERTY OWNERS BECAUSE WE HAD EXCESS MONEY FROM LAST YEAR.

AND ALSO SOME INVESTMENT EARNINGS FROM THE, THE RESERVE FUND THAT THAT WAS HELD WITH THE TRUSTEE.

SO A COMBINATION OF

[00:40:01]

THANK YOU.

WELCOME COUNSEL.

I'M MOVED TO APPROVE AN ORDINANCE APPROVING THE 2025 2026 ANNUAL SERVICE PLAN UPDATE TO THE SERVICE AND ASSESSMENT PLAN FOR THE NORTH GROVE PUBLIC IMPROVEMENT DISTRICT AND PROVIDING AN EFFECTIVE DATE.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU, COUNSEL.

THANK YOU, SIR.

THANK YOU.

[16. Public Hearing to consider proposed assessments to be levied against property within Phase 4 of the Waxahachie Public Improvement District No. 1 pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended. All written or oral objections on the proposed assessment within the District will be considered at the public hearing.]

NUMBER ONE, PURSUANT TO THE PROVISIONS OF CHAPTER 3 72 OF THE TEXAS LOCAL GOVERNMENT CODE AS AMENDED, ALL WRITTEN OR ORAL OBJECTIONS ON THE PROPOSED ASSESSMENT WITHIN THE DISTRICT WILL BE CONSIDERED AT THE PUBLIC HEARING.

SEAN? YES, MA'AM.

UH, THROUGH THESE NEXT THREE ITEMS, WE ARE, UH, ESTABLISHING PHASE FOUR OF WAXAHATCHEE PUBLIC IMPROVEMENT DISTRICT NUMBER ONE.

UH, THE RATES HERE FOR PHASE FOUR WOULD BE CONSISTENT WITH THE CURRENT RATE FOR PHASES ONE THROUGH THREE, UH, AT APPROXIMATELY 21 CENTS PER A HUNDRED DOLLARS OF ASSESSED VALUE.

UH, AND THAT IS FOR THE SADDLEBROOK PIT, UH, NUMBER ONE.

SO WE ARE RECOMMENDING, UM, FOR ITEM 16, 17, AND 18, THE APPROVAL OF THE PID PHASE FOUR PID NUMBER ONE, PHASE FOUR.

THANK YOU, SEAN.

THIS IS A PUBLIC HEARING.

IF YOU WANNA SPEAK ON THIS ITEM, PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY.

SEEING NONE WILL CLOSE THE PUBLIC HEARING.

THAT TAKES

[17. Discuss, consider and act on approving Ordinance of the City of Waxahachie, Texas accepting and approving a service and assessment plan and assessment roll for Phase 4 of the Waxahachie Public Improvement District No. 1; making a finding of special benefit to the property located within Phase 4 of the Waxahachie Public Improvement District No. 1; levying special assessments against property within Phase 4 of the District and establishing a lien on such property; providing for payment of assessments in accordance with Chapter 372, Texas Local Government Code, as amended; providing for the method of assessment and the payment of the assessments, providing penalties and interest on delinquent assessments, providing for severability, and providing an effective date]

NUMBER ONE, MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY LOCATED WITHIN PHASE FOUR OF THE W HITACHI PUBLIC IMPROVEMENT DISTRICT.

NUMBER ONE, LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN PHASE FOUR OF THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY PROVIDING FOR PAYMENT OF ASSESSMENTS IN ACCORD, IN ACCORDANCE WITH CHAPTER 3 72 OF THE TEXAS LOCAL GOVERNMENT CODE AS AMENDED, PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS, PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS, PROVIDING FIRST THE VARIABILITY AND PROVIDING AN EFFECTIVE DATE.

SEAN, YOU GOT THE CONTROLLER.

IT'S A, WELL, THIS FINGER THAT I DON'T KNOW.

UH, YES MA'AM.

SO, UH, AGAIN, THIS IS, UM, UH, AN ORDINANCE ACCEPTING AND APPROVING THAT SERVICE AND ASSESSMENT PLAN, UH, AND THE ASSESSMENT ROLE FOR THE WALK STATUTE PI NUMBER ONE, PHASE FOUR.

SO THIS IS ACTUALLY ACCEPTING AND APPROVING THAT SERVICE PLAN, UH, FOR THE DEVELOPMENT.

THANK YOU, SEAN.

COUNSEL MADAM MAYOR, I MOVE TO APPROVE AN ORDINANCE ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLE FOR ACHI PID NUMBER ONE, PHASE FOUR.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR, RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

ITEM

[18. Discuss and consider approval of a Resolution of the City Council of the City of Waxahachie, Texas, approving and authorizing the Mayor to execute a “Waxahachie Public Improvement District No. 1 Phase 4 Improvements Reimbursement Agreement” between the City of Waxahachie, Texas, and 287 Waxahachie, L.P., a Texas limited partnership]

NUMBER ONE, PHASE FOUR IMPROVEMENTS REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF WAXAHATCHEE, TEXAS AND 2 87 WAXAHATCHEE LP, A TEXAS LIMITED PARTNERSHIP.

SEAN? YES MA'AM.

AND THIS ITEM IS FOR A, UH, A RESOLUTION APPROVING AND AUTHORIZING THOSE IMPROVEMENT, UH, IMPROVEMENTS THROUGH THE IMPROVEMENT REIMBURSEMENT AGREEMENT.

THANK YOU, SEAN.

COUNSEL MADAM MAYOR, I MOVE TO APPROVE A RESOLUTION APPROVING AND AUTHORIZING THE IMPROVEMENTS REIMBURSEMENT AGREEMENT.

DO HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

[19. Consider Development Agreement for Myrtle Creek Development with Spur Myrtle Creek Development, L.P.]

[00:45:01]

UH, THIS, UH, AGREEMENT IS A PART OF THE STATE LAW AND ALSO THE PART OF THE DEVELOP DEVELOPMENT AGREEMENT WE HAVE FOR THE SUB THE SUBDIVISION WORLD CREEK IS TO BE ABLE TO REIMBURSE OR TO PROVIDE IMPACT FEE CREDITS FOR THOSE PROJECTS THAT ARE LIKE ROAD WATER SEWER, UH, YEAH, WATER AND SEWER THAT ARE PART OF THE IMPACT FEE REPORT.

THOSE CAPITAL PROJECTS CITY STAFF HAS REVIEWED ALL THOSE PROJECTS, UH, THAT HAVE BEEN CONSTRUCTED AND THAT WILL BE CONSTRUCTED.

AND, UH, IN ORDER TO, UH, IMPROVE THE, THE PROCESS THROUGH FROM FIRST PHASE TO LAST PHASE, WE PUT TOGETHER A PLAN OF HOW WE'RE GOING TO GET DO THIS REIMBURSEMENTS AND IMPACT FEE CREDITS.

THE, FOR THE ROADWAY WE'RE, UH, PROPOSING A HUNDRED PERCENT IMPACT FEE CREDIT BECAUSE OF THE CONSTRUCTION FOR ALL THE ROADS WITHIN THEIR DEVELOPMENT WILL, UH, FOR SURPASS THE IMPACT FEE CREDIT IMPACT FEE THAT WE'RE GONNA BE COLLECTING FROM THIS SUBDIVISION.

UH, ON THE SEWER, WE PROPOSE A $821 AND 75 CENTS IMPACT FEE CREDIT FOR EACH, UH, LOT.

AND THIS IS BASED ON THE, THE SEWER THAT HAS BEEN STALLED UP TO DATE AND THE ONE THAT'S CURRENTLY UNDER CONSTRUCTION.

AFTER THAT, WE'RE, WE'RE DONE WITH ALL THE, UH, CAPITAL PRODUCT FOR SEWER.

SO WE PROPOSE THE $821 75 CENTS AND FOR WATER, WE'RE PROPOSING TO, UM, COLLECT THE, THE, ALL THE WATER.

BUT THEN AS THEY CONSTRUCT THE, THE PROJECTS THAT WILL REIMBURSE THEM.

AND SO RIGHT NOW THEY HAVE CONSTRUCTED UP TO SIX, UH, $60,816.

AND SO, BUT IN THE FUTURE THERE'S GONNA BE A 20 POINT WATER LINE THAT'S GONNA BE EXTENDED ALL THE WAY TO THE TREE PLANT OR TO PETER STREET AND ALSO ELEVATED WATER TANK.

SO WE PROPOSE TO LOOK AT THOSE IN A YEARLY BASIS, BUT GO AHEAD AND COLLECT ALL THAT MONEY AND HAVE IN A SEPARATE ACCOUNT UNTIL THEY GET TO THAT, UH, PROJECT CONSTRUCTED.

SO I HAVE ANY QUESTIONS, I'D BE MORE HAPPY TO HELP ANSWER 'EM.

THANK YOU JAMES.

COUNSEL.

SO JAMES, UM, DO THESE FIGURES ACCOUNT FOR ANY INFLATION? UM, AS WE MOVE THROUGH THE DEVELOPMENT? SO THE GOOD THING WITH ROADWAY, WE'RE, LIKE I SAID, WE'RE FAR SURPASSING THE, THE COST AND THAT HAS TO TAKING CANCELLATION WHEN IT CONSTRUCT, THOSE ARE GONNA BE ALSO CONSTRUCTION INFLATION AS WELL.

SO, UH, WITH A SEWER, IT'S BASICALLY IS LOOKING AT WHAT THE CURRENT, UH, COST IS.

SO THAT'S TAKEN CARE OF RIGHT THERE WITH WATER, WE'RE GONNA COLLECT THE FULL AMOUNT OF, AND THEN, UH, WHAT HAPPENS THAT WHEN THEY CONSTRUCTED, THEN WE'LL BE LOOKING AT THE ACTUAL COST OF CONSTRUCTION FOR WATER LINES TO BE ABLE TO REIMBURSE THEM FOR THAT AMOUNT.

AND HOW DOES THIS LOOK COMPARED TO THE IMPACT FEE ADJUSTMENT THAT, THAT WE JUST PASSED? SO WE, WE DID TAKE A LOOK AT THAT AND ALSO EVEN LOOKING INTO THE FUTURE AS WELL.

AND THAT'S WHY WITH THE WATER LINE, UH, SINCE WE DON'T KNOW THE COST FOR THAT 24 INCH WATER LINE AND AT THE ELEVATOR TANK, THAT'S WHY WE LOOKED AT, UH, BASED BASICALLY LOOKING AT REIMBURSING THEM LATER, UH, WITH THIS AGREEMENT RIGHT HERE.

BUT GO AHEAD AND COLLECT THE FULL AMOUNT AND JUST REIMBURSE THEM WITH THAT, UH, WHATEVER THEY CONSTRUCT.

SO YOU FEEL THAT WE'VE PROTECTED OURSELF, KIND OF HEDGED OUR BIT? SOME, YES.

THANK YOU SIR.

WELCOME.

AND JUST TO CLARIFY, THESE FUNDS WILL BE IN A SEGREGATED SPECIFICALLY FOR THIS.

SO FOR THE WATERLINE IT WILL BE A SEGREGATED, UH, ACCOUNT.

UH, JUST BE ABLE TO REIMBURSE THEM SO WE DON'T SPEND THAT, UH, WATER IMPACT FEES WITHOUT PROJECTS.

RIGHT.

AND THEN WE DON'T HAVE THE MONEY TO REIMBURSE THEM.

THE OTHER THING I WANNA POINT OUT TOO IS THAT, UH, UNDER AGREEMENT TALKS ABOUT HOW WE'RE NOT GOING TO REIMBURSE THEM OR GIVE 'EM CREDIT FOR MORE THAN WHAT WE COLLECT FROM THEM AS WELL.

OKAY, THANK YOU JAMES.

YOU WELCOME MAD MAYOR IF YOU'RE READY FOR A MOTION.

I'M MAD MAYOR.

I MOVE TO APPROVE A DEVELOPMENT AGREEMENT WITH SPUR MYRTLE CREEK DEVELOPMENT LP RELATED TO IMPACT FEES ASSOCIATED WITH THE MYRTLE CREEK WATER, SEWER, AND ROADWAY IMPACT FEE ELIGIBLE PROJECTS AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

NEXT ITEM,

[20. Consider award of construction contract for the FM 664 Water Main Transmission and Sewer Line Project]

UH, GOOD EVENING, MADAM MAYOR.

GOOD EVENING COUNSEL.

UM, THE ITEM IN FRONT OF YOU IS FOR

[00:50:01]

UM, THE LIMITS OF THE CONSTRUCTION CONTRACT IS FROM MARSHALL ROAD TO, UH, US SOUTH OF US 2 87 ON AVILA ROAD.

UM, SO THE PROJECT IS BASICALLY DUE TO TEXT DOT EXPANDING, UH, THE FM 6 6 4.

AND DUE TO THAT WE NEED TO RELOCATE OUR UTILITIES.

UM, AND ALSO, UM, THE BIG PORTION IS WE WANNA BUILD A 24 INCH TRANSMISSION MAINE ON AVILA ROAD TO SUPPLY MORE WATER FROM OUR SOCAL WATER PLANT.

UH, THOSE WERE THE TWO BIG REASONS.

UH, THIS AN APPROVED, UH, CIP PROJECT.

UM, AND AFTER THE DESIGN WE WENT FOR BIDS.

WE RECEIVED SEVEN SEALED BIDS AND, UH, LOWEST BIDDER WAS THE EGW SERVICES.

UM, THE ENGINEER, THE DESIGN ENGINEER CHECKED THE REFERENCES AND, UM, THE, THE BID ITEMS AND THEY'RE RECOMMENDING AND EVEN THE STAFF IS RECOMMENDING TO AWARD THE CONTRACT TO EGYPT EGW SERVICES.

UM, THE PROJECT IS FUNDED, UH, FROM 2023 WATER FUND BOND SALE.

AND ALSO THERE IS A, A SMALL PORTION FOR, UH, RECONSTRUCTING THE SAN SEWER TOO.

AND THAT IS FUNDED FROM THE WASTEWATER FUND, UH, UNSERVED BALANCE.

AND ANOTHER THING IS TECH DO, UH, THIS MAJORITY PORTION OF THIS PROJECT IS REIMBURSED FROM TECH DOTS AGREEMENT.

IS THAT LIKE A 90 10 REIMBURSEMENT? UH, IT'S, UH, IT'S BASED ON, UM, THE, THE INFRASTRUCTURE THAT'S, THAT WAS IN THE WRITE OFF WAY THAT THAT REQUIRES TO MOVE.

SO WE ARE ESTIMATING SOMEWHERE 60 TO 70% REIMBURSEMENT.

KUMAR, THIS IS A, EVEN WITH THE REIMBURSEMENT IS STILL A RATHER SIGNIFICANT NUMBER.

UH, I'M NOT AWARE THAT WE'VE APPROVED A CONTRACT WITH THIS COMPANY PREVIOUSLY, HAVE WE? NO, SIR.

WE HAVEN'T.

SO WHAT REFERENCES DID WE USE TO VET VET THIS COMPANY? UM, 'CAUSE WHEN YOU, WHEN YOU LOOK AT 'EM ONLINE, IT'S EXCAVATION LAND, LAND MANAGEMENT, UM, HOUSE PADS, NOT UTILITIES.

SO, UH, THIS CONTRACTOR, THE REFERENCES THEY PROVIDED WAS , UH, CLEONE KAUFMAN, AND ALSO A PROJECT IN MANSFIELD.

UM, THE ENGINEER REACHED OUT TO ALL THOSE REFERENCES AND EVEN THE STAFF HAVE REACHED OUT TO THOSE REFERENCES TO MAKE SURE, BECAUSE WE HAVEN'T WORKED WITH THIS CONTRACTOR, UM, UNTIL NOW.

SO WE DID ALL THE DUE DILIGENCE TO MAKE SURE THIS CONTRACTOR HAS ALL THE EQUIPMENT, THE PERSONAL AND THEIR FINANCIAL, UH, INFORMATION TO MAKE SURE WE CAN AVOID THE CONTRACT.

BECAUSE I SAY THAT TO SAY THAT THERE'S THE, THE SUPPLEMENTAL, AND I'M ASSUMING PAT DOWN THERE IS READY TO JUMP ON IT, BUT THE SUPPLEMENTAL AND THE ADDITIONAL CONTINGENCY ARE BOTH, I MEAN, THAT'S SIGNIFICANT.