CITY COUNCIL AGENDA. REGULAR MEETING Tuesday, August 25, :00 p.m. COUNCILMEMBERS:

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1 City of Uvalde CITY COUNCIL AGENDA REGULAR MEETING Tuesday, August 25, :00 p.m. COUNCILMEMBERS: Don McLaughlin, Jr., Mayor Margaret Palermo - District 1 John H. Flores, Jr. District 2 Rogelio M. Munoz District 3 Stephen E. Balke District 4 Ernest W. Chip King, III District 5

2 1. CALL MEETING TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE CITY OF UVALDE, TEXAS REGULAR CITY COUNCIL MEETING 6:00 P.M., TUESDAY, AUGUST 25, 2015 CITY HALL COUNCIL CHAMBERS AGENDA 4. PRESENTATION 4A. Presentation by Carmen Novitski of PHI Uvalde MedAir 1 on services being rendered. 5. CITIZEN S INPUT 5A. Citizens are requested to sign up prior to council meeting if requesting time to address council. Presentations will be limited to no more than three (3) minutes. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) 6A. Consider and act on the Minutes of the August 11, 2015 Regular City Council Meeting. 6B. Consider and act on payment of bills over $5, from August 11, 2015 through August 20, PUBLIC HEARING 7A. Public hearing on the City of Uvalde s proposed Tax Rate for Fiscal Year NEW BUSINESS 8A. Consider and act on a request of the Parks and Recreation Department to declare the following vehicles as surplus property and allow City staff to sell, auction, recycle or otherwise dispose of the vehicles as scrap: Unit F150XL VIN # 1FTDF15Y9PNA91254 Unit F150XL VIN # 2FTDF15Y6RCA47205 Unit F150 VIN # 2FTDF15Y9NCA B. Consider and act on a request of Archie McFadin for a 20 year ground lease at Garner Field Airport to build a hangar of approximately 55 X 120 in size that

3 includes a 20 X 40 lean-to, with the ability to sublet a portion of it to a private medical air service business. 8C. Consider and act on pay request #3 from Alvin E. Stock for project TxCDBG # and authorize the Mayor and Assistant City Manager to execute the documents. 8D. Consider and act on Change Order #2 for TxCDBG # decreasing the contract price by $15, and authorizing the Mayor to sign said documents. 8E. Consider and act on request from UCISD to provide a second School Resource Officer. 8F. Consider and act on award of bid for swimming pool rehabilitation project. 8G. Consider and act on amending Section Water Restrictions and Regulations of Chapter titled Water Resources Optimization Plan. 9. COUNCIL DISCUSSION 9A. Discussion of the Utility Policies and Procedures by Marty Coursey, Finance Director. 10. EXECUTIVE SESSION The City Council of the City of Uvalde, Texas, will convene into executive session in accordance with the purposes permitted by the Open Meetings Act: 10A. Pursuant to Section , Texas Government Code, to deliberate the acquisition, exchange and value of real property at the wastewater treatment plant. 11. RECONVENE FROM EXECUTIVE SESSION 11A. Reconvene into open session and take action as deemed appropriate regarding the acquisition, exchange and value of real property at the wastewater treatment plant. 12. ADJOURNMENT Certificate: I certify that the above and foregoing notice was posted in compliance with , Texas Government Code at 3:00 p.m. on August 21, Vince DiPiazza, City Manager

4 City Hall Municipal Building is wheelchair accessible with accessed and special parking available on the West Side of the Building. The Council Chamber is accessible by elevator to the second floor. Requests for special services must be received forty-eight (48) hours prior to meeting time by calling City Hall (830) In this Notice of Open Meeting, the posting of an agenda item as a matter to be discussed in open session is not intended to limit or require discussion of that matter in open session if it is otherwise appropriate to discuss the matter in executive session. If, during the discussion of any agenda item, a matter is raised that is appropriate for discussion in executive session the council may, as permitted by law, convene into executive session to deliberate on the matter. The posting of an agenda item as a matter to be discussed in executive session is not intended to limit or require discussion of that matter in executive session. The council may discuss in open session any matter for which notice has been given in this notice of open meeting including an agenda item posted for executive session. In no event, however, will the council take action on any agenda item in executive session, whether it is posted for open or executive session discussion. CERTIFICATION I, the undersigned authority, do hereby certify that the attached agenda of meeting of the City of Uvalde City Council is a true and correct copy and that I posted a true and correct copy of said notice on two glass public notice cases at City Hall, readily accessible to the general public at all times, and said Notice was posted on the 21 day of August, 2015 and will remain so posted continuously for at least 72 hours preceding the scheduled time of said meeting in accordance with Chapter 551 of the Texas Government Code. Susan M. Conley, City Secretary I certify that the attached agenda of items to be considered by the City Council was removed by me from the City of Uvalde City Hall glass public notice cases on the day of, Title:

5 STATE OF TEXAS ) COUNTY OF UVALDE ) CITY OF UVALDE ) BE IT REMEMBERED, that the City Council of the City of Uvalde, Texas, met in a Regular Meeting at 6:00 p.m. on Tuesday, August 11, 2015, with the following members present: Don McLaughlin, Jr. Roy Munoz John H. Flores, Jr. Margaret Palermo Stephen E. Balke Ernest W. Chip King, III Also present: Vince DiPiazza Joe Cardenas Paul J. Tarski Alexandra T. Wegrzyn Susan Conley Richard Williams Eric Herrera Susan Anderson Rick Lara Jovita Maldonado Clint Baack Marty Coursey Debbie Pike Juan Zamora Mayor Mayor Pro Tem (arrived in Council Chambers at 6:11 p.m.) Councilmember Councilmember Councilmember Councilmember City Manager Assistant City Manager City Attorney Deputy City Attorney City Secretary Uvalde Fire Chief Uvalde Police Chief Director of Planning & Community Development Building Official Code Enforcement Director of Parks and Recreation Finance Director Comptroller Director of Utilities and Sanitation Agenda Item No. 1 Call Meeting to Order Mayor Don McLaughlin, Jr. called the meeting to order at 6:00 p.m. Agenda Item No. 2 Invocation Agenda Item No. 3 Pledge of Allegiance Agenda Item No. 4 Citizen s Input 4A. Citizens are requested to sign up prior to council meeting if requesting time to address council. Presentations will be limited to no more than three (3) minutes. There was no public comment.

6 Agenda Item No. 5 Consent Agenda (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) 5A. Consider and act on the Minutes of the July 28, 2015 Regular City Council Meeting. 5B. Consider and act on the Minutes of the August 3, 2015 Special City Council Meeting. 5C. Consider and act on payment of bills over $5, from July 25, 2015 through August 10, D. Consider and act on confirmation and approval of the Mayor s appointment of Harriet Hawkins to the Uvalde Housing Authority Board, pursuant to Article II, Section 13, of the City Charter. Councilman Chip King made a motion to approve the Consent Agenda. Councilman Stephen E. Balke seconded the motion. Motion carried 5-0. Agenda Item No. 6 Public Hearing & Zoning Matters 6A. Open the final public hearing to review and comment on the program performance and used of funds on the City of Uvalde Texas Community Development Program Contract Community Development Fund Grant in the amount of $360, which was funded from the Texas Department of Agriculture, Office of Rural Affairs. This project provided for the City of Uvalde to install two thousand six hundred ninety three linear feet of six inch PVC water lines, valves, fittings, service re- connections and all associated appurtenances. Construction took place West Sabinal, Knox, and East Pecos Street. City Council of Uvalde opened the public hearing on Agenda item 6A at 6:05 p.m. There was no public comment City Council of Uvalde closed the public hearing on Agenda Item 6A at 6:06 p.m. 6B. Open the final public hearing to review and comment on the program performance and use of funds on the City of Uvalde Texas Community Development Program Contract Disaster Relief Grant in the amount of $350, which was funded from the Texas Department of Agriculture, Office of Rural Affairs. This project provided for the City of Uvalde to re-construct by reducing the depth of the existing Edwards Aquifer Public Water Supply Well #7 to function as a supply well from the shallower Buda aquifer formation helping relieve demand on the Edwards during ongoing drought conditions. City Council of Uvalde opened the public hearing on Agenda item 6B at 6:07 p.m. There was no public comment City Council of Uvalde closed the public hearing on Agenda Item 6B at 6:07 p.m.

7 6C. Open a public hearing on Case File 21-15PZ on the request of Steve Hulce, applicant, who is requesting to re-plat property from four lots to one lot. The property is located at 623 East Main Street, NCB 140, Hill Subdivision, Block 1, Lot 19, 20, 21, 22 and Perkins Subdivision, Lot 5, 6B, City of Uvalde, Uvalde County Texas. City Council of Uvalde opened the public hearing on Agenda item 6C at 6:07 p.m. Susan Anderson, Director of Planning, explained to City Council that this was a request to combine 4 lots into one parcel for the Sonic Restaurant. City Council of Uvalde closed the public hearing on Agenda Item 6C at 6:10 p.m. Agenda Item No. 7 New Business 7A. Consider and act on Planning and Zoning Case File 21-15PZ request of Steve Hulce, applicant, to replat property from four lots to one lot. The property is located at 623 East Main Street, NCB 140, Hill Subdivision, Block 1, Lot 19, 20, 21, 22 and Perkins Subdivision, Lot 5, 6B, City of Uvalde, Uvalde County Texas. Councilman Chip King made a motion to approve Agenda Item 7A. Councilman John H. Flores, Jr. seconded the motion. Motion carried B. Consider and act upon TxCDBG Certificate of Construction Completion and Project Completion Report, and authorize Mayor to sign. Councilman Stephen E. Balke made a motion to approve Agenda Item 7B. Councilwoman Margaret Palermo seconded the motion. Mayor Pro Tem, Roy Munoz abstained from the vote since he arrived late for discussion. Motion carried C. Consider and act upon TxCDBG Request for Payment #5, #6. & #7 and authorized Mayor and Assistant City Manager to sign. Councilman Chip King made a motion to approve Agenda Item 7C. Councilman Stephen E. Balke seconded the motion. Motion carried D. Consider and act on a resolution of the City of Uvalde Texas to Adopt a Proposed Tax Rate that will result in additional revenues and setting the dates for the Public Hearings to discuss the Proposed Tax Rate. Finance Director Mary Coursey presented the Resolution to City Council to Adopt a Proposed Tax Rate that will result in additional revenues as a result of increased property valuation. There would be an additional $63,000 in revenues if all property taxes were collected. The Budget for the fiscal year was made with this increase of revenues in mind. Since the rate is higher than the Effective Rate, the State of Texas requires the City to call for two public hearings which will be on August 25, 2015 and September 8, Motion made by Councilman Chip King, move to approve the resolution of the City of Uvalde Texas to Adopt a Proposed Tax Rate that will result in additional revenues and setting the dates for the Public Hearings to discuss the Proposed Tax Rate; seconded by Councilman Stephen E. Balke, the motion carried as follows:

8 Mayor Don McLaughlin, Jr. aye Mayor Pro Tem Rogelio Munoz aye Councilmember John H. Flores, Jr. aye Councilmember Margaret Palermo aye Councilmember Chip King aye Councilmember Stephen E. Balke aye Motion carried 6-0 7E. Consideration and approval of an Ordinance Authorizing the Issuance of City of Uvalde Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2015 ; providing for the payment of said Certificates by Levy of an Ad Valorem Tax upon all Taxable property within the City and further securing said certificates by a lien on and pledge of the pledged revenues of the system; providing the terms and conditions of said certificates and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said certificates, including the approval and distribution of an official statement pertaining thereto authorizing the execution of a paying agent/registrar agreement and an official bid form; complying with the requirements of the letter of representations previously executed with the depository trust company; authorizing the execution of any necessary engagement agreements with the City s Financial Advisors and or Bond Counsel; and providing an Effective Date. Andrew Friedman from Samco Capital Markets, Inc. addressed City Council with the Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series Net funding of $2,940,000 will be deposited on September 3, 2015 with First State Bank and after the closing through the Attorney General s office. The final interest rate will be based on comparable sales across Texas. The City will save approximately $20,000 overall by placing the bonds locally. First repayment will be due on February 1, 2016 and the loan will be amortized over 15 years. Motion made by Mayor Don McLaughlin, Jr. to approve the Ordinance authorizing the Issuance of the 2015 Series Certificates of Obligation. Motion was seconded by Councilmember Chip King. Motion carried F. Consider and act on a request of the Uvalde Flight Center (Mark Huffstutler) on a ground lease agreement to build and operate an Airport Café at Garner Field Airport. Joe Cardenas, Assistant City Manager stated that this project request by Mark Husffstutler went before the Airport Advisory Board three weeks ago and was approved. The project has been in the works for many years. Mr. Husffstutler is seeking at 20 year ground lease on an existing slab as shown on the plans. The restaurant will mainly consist of a breakfast and lunch menu. The plan is to create a social environment to draw people into the airport for special events with the hope that fuel sales will increase. Councilman Stephen E. Balke made a motion to approve Agenda Item 7F. Mayor Don McLaughlin, Jr. seconded the motion. Motion carried 6-0.

9 7G. Consider and act on the Quarterly Cash & Investment Report for Period ending June 30, Debbie Pike, Comptroller, reviewed the Quarterly Cash & Investment Report for Period ending June 30, The beginning pooled bank balance as of April 1, 2015 was $21,577,054 and the balance at the end of June 30, 2015 was $21,273,022. The beginning market value for all cash and investments was $22,508,016 as of June 30, Councilman Chip King made a motion to approve the Quarterly Cash & Investment Report for the Period ending June 30, Councilman John H. Flores, Jr. seconded the motion. Motion carried H. Consider and act on the award of bid on the Municipal Pool Rehabilitation Project. City Manager, Vince DiPiazza, explained that there was one bid received on the pool project. Mr. Rosin the engineer is working with the plans to reduce the amount of concrete needed for the project in hopes of reducing the costs by approximately $30,000. The proposed conduit has been removed from the bid in an effort to reduce costs. Mr. DiPiazza explained that funds from the 2013 Tax Note should come close to covering the City s costs for this project. Agenda Item 7H was tabled in order to give the engineer Mr. Rosin additional time to negotiate with the bidder on costs without having to go out to rebid the project. 7I. Consider and act on the proposed amphitheater in Memorial Park to be named at the request of a major donor. After discussion, Mayor Don McLaughlin, Jr., made a motion that, if requested, it is agreed to name the amphitheater in Memorial Park after a major donor if the situation arises. City Council will retain the right for the final approval of the name. Councilman Stephen E. Balke seconded the motion. Motion carried J. Consider and act on amending Uvalde Municipal Code Ordinance , Title 12, Chapter Parades, Section (f) prohibiting the disbursement of candy and other object from a motorized float/vehicle during a parade. Councilman Chip King made a motion to amend Ordinance to remove language to allow the disbursement of candy from a motorized float/vehicle during a parade. Councilman John H. Flores, Jr. seconded the motion. Motion carried 6-0. Agenda Item No. 8 Council Discussion 8A. Discussion by Marty Coursey, Finance Director, of the current utility collection procedures. Marty Coursey, Finance Director, explained to City Council that there is approximately $760,000 in accounts receivable aging in utility accounts. The Utility Department will begin the process of reviewing the accounts and commence termination of services as necessary. Not all of the outstanding utility accounts are collectible; some never had services disconnected

10 when requested. City Council agreed that review of utility accounts and termination of services needs to occur per the City ordinance with the understanding it will be done in a courteous manner. Agenda Item No. 9 Executive Session The City Council of the City of Uvalde, Texas, will convene into executive session in accordance with the purposes permitted by the Open Meetings Act: 9A. Convene into Executive Session pursuant to Section , Texas Government Code, consultations with attorney regarding water regulations. City Council convened into Executive Session at 7:25 p.m. Agenda Item No. 10 Reconvene from Executive Session 10A. Reconvene from Executive Session and take action as deemed appropriate in the City Council s discretion regarding water regulations. City Council reconvened from Executive Session at 7:48. No action taken on Agenda Item 9A. Agenda Item No Adjournment Motion made by Councilman Chip King for adjournment. Councilman Stephen E. Balke seconded the motion. Motion carried 6-0. Don McLaughlin, Jr., Mayor Attest: Susan M. Conley, City Secretary

11 CITY Uvalde OF UVALDE Texas P.O. BOX 799, (830) FAX: (830) BUSINESS OF THE CITY COUNCIL SUBJECT: Approval of Payments over $5,000 AGENDA DATE: August 25, 2015 SUBMITTAL DATE: August 18, 2015 SUBMITTED BY: Marty Coursey REVIEWED BY: ATTACHMENTS: List of Over $5,000 Budget Information Expenditure amount: $ N/A Budget amount: $ N/A Notes: BACKGROUND INFORMATION City of Uvalde Charter Procedure for certain expenditures. All purchases made and contracts executed by the city shall be made and executed in compliance with the constitution and laws of the state of Texas, including all requirements established by state law for purchasing and/or contracting by cities. That the city manager of the City of Uvalde, Texas, is authorized to purchase and/or contract for the city, labor, equipment, supplies, materials, goods and/or services for the city, in amounts not exceeding twenty five thousand dollars ($25,000.00), on any one purchase and/or contract without formal advertisement for competitive bids and without competitive bids and without referral to city council. RECOMMENDED ACTION City Council approves the over $5,000 as listed.

12 Accounts Payable in Excess of $5, For Period Ending August 21, 2015 Requesting Approval to Release Payment Name Uvalde Convention & Visitors Bureau Description Department Account Number and Amount ***The followfnj! items have a1re:-1dy been mailed~ due to their due dates. *** Hotel/Motel CVB Portion of July's pymt $6, AuthorizedNerified By L Ortiz Pollution Control United States Postal Service *"'* The li.1llowi11j; pavmcnts ;1rc bcin11;hcld and vfill be released upon approval J(Jr Release*** PCS Sampling- July Landfill $13, Utility Bill Postage Utility $10, J Zamora J Cardenas Tax Note Items

13 POLLUTION CONTROL SERVICES 1532 Universal Ci,!X Blvd, Suite I 00 Universal Ci!X_, TX INVOICE (210) /28/2015 To: Uvalde, City of Attn: Accounts Payable P.O. Box 799 Uvalde, TX *~dv on check for proper credit. Month Jul Project I Purchase Order Semi Annual Qty Description of Work I PCS Sample Identification J Your Identification Price Amount 25 Barium/ICP (Total), Copper/ICP (Total). Nickel/ICP (Total}, Calcium/ICP (Total), $ $15, Magnesium/ICP (Total), Hg/CVM, Fe/ICP (Diss), Mn/ICP (Diss), Beryllium/ICP (Total), Potassium/ICP (Total), Sodium/ICP(Total), Arsenic/ICP (Total), Selenium/ICP (Total). Lead/ICP (Total). Antimony/ICP (Total}, Cobalt/ICP (Total), Thallium/ICP (Total}, Vanadium/ICP (Total), Cadmium/ICP (Total), Sifver/ICP (Total), Zinc/ICP (Total), ChromiumflCP (Total),; VOC (ERM!) Includes Extraction/Digestion Fee of $10 PCS Sample ID: ; ; ; ; ; ; ; ; ; ; ; ;401091;401094;401095;401096;401097;401098;401099;401100;401101;401102; ;401104; Uvalde, City of ID MW-1a; MW-2; MW-3; MW-4; MW-5; MW-6; MW-7; MW-8; MW-9; MW-10; MW-11; MW-12; Equip Blank; MW-1a HS; MW-2 HS; MW-3 HS; MW-4 HS; MW-6 HS; MW 7 HS; MW-8 HS; MW-9 HS; MW-10 HS; MW-11 HS1; MW-11 HS2; MW-12 HS 2 voe (ERMI),; $ $ PCS Sample ID: ; Uvalde, City of ID Field Blank; Trip Blank Discount on In-House Analysis (15%) ($2,261.00) ($2,261.00) Invoice Total G13, 144.0:u *Please pay from invoice, no statement will be rendered. *Invoices are due upon receipt. A finance charge of 1.5% per month will be added to past due accounts. This is an annual percentage rate of 18%. WE APPRECIATE YOUR BUSINESS Federal Tax ID:

14 CITY ~AUVALDE 6 ~~~Y~ Municipal Ho~el Occupancy Tax Report! Ql J~uary/February!March DUE DA TE: April ll Q3 I Q4 '.August/September I October/November/December DUE :DATE: January 20 er Name Location Address Mailing Address Contact Person Telephone 4. Penalty ($5fJ.OO if jikii after due date, 5. Interest 5%oflineJifl-30days_late 10% o.f line 3 if31+ dtzvs 'fate., 6. Total amount due and payable to th~.4.i.ty..;.;..- '.;...'"..., oi!uvalde ;... i'. ;. ; if: : ~:.~:~~~,. :...;_.., Print Title - t 1-11, r27i k't? rds1m \. Repoa'is~'!! ~;bmof11!jl~ge and belief...,'...,.. ~- ~.! ; ~/:')/ ~(! ;/ ik'~--- 1' / i l w'.l:' Lw 1 1! > I /:;; Signattire... /. ~ 90,3 8irr-JL8/ Contact Number ~ Make Check rayable to: City of Uvalde City of Uvalde ATTN: Finance ~partment P.O. Box. 799 Uvalde, Texas Please retnrn this form with yo~r payment and keep a copy for your records. j

15 CITY OF UVALDE HOTEL I MOTEL TAXES 14-Aug-15 Quality Inn Total: HOTEL PYMrs J:ul~'.'.15! ' $8, I l ' $ CITY'S SHARE NET DUE 1/7th TOCVB $1, $6, $1, $6,956.84

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19 CITY Uvalde OF UVALDE Texas P.O. BOX 799, (830) FAX: (830) BUSINESS OF THE CITY COUNCIL SUBJECT: Archie & Sarabeth McFadin AGENDA DATE: August 25, 2015 SUBMITTAL DATE: August 21, 2015 SUBMITTED BY: Joe A. Cardenas REVIEWED BY: ATTACHMENTS: Archie s letter and proposal for a Hangar Budget Information Expenditure amount: Budget amount: BACKGROUND INFORMATION Archie McFadin has submitted a formal request to the city to obtain a ground lease at Garner Field Airport for the construction of a hangar that would serve a dual purpose. His plans are to keep half of the hangar for his own use and to lease out the other half of the hangar. See enclosed proposal. This item has gone before the Aviation Advisory Board and received approval for a twenty year lease. RECOMMENDED ACTION After consulting with Tony Davis of KSA Engineering and lead planner on our master plan along with receiving local input. It is our recommendation that we grant Mr. McFadin his request of a 20 year lease. The proposed location has for the most part the needed utilities within a manageable distance.

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31 Texas Department of Agriculture Construction Contract Change Order A505 Owner (Contractor Locality): (Name & Address) City of Uvalde 101 E. Main Uvalde, Texas Phone #: Contractor: (Name & Address) Alvin E. Stock Contractor, Ltd. PO Box 2512 Eagle Pass, Texas Contract For (project description): Water System Improvements Project Location: Uvalde, Texas Region 24 TxCDBG Contract No Change Order No. 2 Engineer: (Name & Address) Curt W. Raabe, P.E. CDS Muery (TBPE Firm No. F-1733) 3411 Magic Drive San Antonio, Texas Phone #: Engineer s Project No Agreement Date: Phone #: Owner is requesting TDA review to determine eligibility of change order expenses. Changes to Existing Line Items (Items from original bid or added in previous change order only) Item No. Item Description Current Quantity Unit Unit Price Change in Quantity (+/-) Change in Contract Price 511 Cutting & Repl. Pavement SY $ $6, Trench Protection LF $ $ PVC Waterline LF $ $ PVC Waterline LF $ $ PVC Waterline LF $ $2, Relay ¾ Short Service EA $ $ Gate Valves EA $1, $2, Gate Valves 2.00 EA $1, $3, X6 Tap. Sleeve & Vlve EA $4, $4, X6 Tap. Sleeve & Vlve EA $4, $4, X6 Tap. Sleeve & Vlve 1.00 EA $5, $5, Fire Hydrant 2.00 EA $4, $4, Water Tie-Ins 3.00 EA $1, $1, Water Tie-Ins 4.00 EA $2, $10, Water Tie-Ins 4.00 EA $3, $12, Hydrostatic Testing 3.00 EA $1, $1, Blowoff, Temporary 3.00 EA $1, $1,190.00

32 Item No. Item Description Current Quantity Unit Unit Price Change in Quantity (+/-) Change in Contract Price PVC Waterline LF $ $ Water Tie-Ins 1.00 EA $2, $2, New Items Requested (Items without a unit price in the original bid) Provide Explanation (attach separate documentation if necessary): Item No. Item Description Unit Unit Price Change in Quantity (+/-) Change in Contract Price Change in Contract Price Change in Contract Time Original Contract Price: $ 360, Original Contract Time: 180 days Previous Change Order(s) Net Change From Previous No. 0 to No. 1 $ (60,777.47) Change Orders 0 days Contract Price Prior to this Change Order $ 299, Contract Time Prior to this Change Order 180 days Net Increase/Decrease of this Change Order $ (15,148.63) Net Increase/Decrease of this Change Order 0 days Contract Price With all Approved Change Orders $ 284, Contract Time With all Approved Change 180 days Cumulative % Change in Contract Price: % Notice: * Generally, a cumulative change in the contract price in excess of 25% cannot be approved. * Reimbursement of costs submitted in this change order are subject to approval by the Department. See TxCDBG Project Implementation Manual Section

33 Region: 4 TxCDBG Contract No.: Grant Recipient: City of Uvalde Change Order No. 2 JUSTIFICATION FOR CHANGE Increase Decrease 1. Effect of this change on scope of work: 2. Effect on operation and maintenance costs: 3. Will this Change Order change the number of beneficiaries or TxCDBG contract Performance Statement? If yes, please attach Performance Statement modification request. 4. Has this change created new circumstances or environmental conditions which may affect the project s impact, such as concealed or unexpected conditions discovered during actual construction? If Yes, is an Environmental Re-assessment required? 5. Is the TCEQ clearance still valid? No Change Yes No N/A - 6. Are other TxCDBG contractual special condition clearance still valid? (If no, specify): 7. If new items are included that were not included in the competitive bid, have the prices been determined to be reasonable? APPROVED by Grant Recipient (Required): - Signature: Title: Date: RECOMMENDED: By: ENGINEER (Authorized Signature) Date: ACCEPTED: By: CONTRACTOR (Authorized Signature) Date: To receive an copy of the TDA response, provide information below: Name address Grant Recipient Joe Cardenas jcar@uvaldetx.com Admin Consultant Carl Esser carl.esser@hotmail.com Engineering Consultant Curt Raabe curt.raabe@cdsmuery.com For office use only: Net Increase/Decrease of this Change Order Requested $ Net Increase/Decrease of this Change Order Approved $ Contract Price With all Approved Change Orders $ Notes: Eligible Change Order Net Increase/Decrease of this Change Order Requested Net Increase/Decrease of this Change Order Approved Contract Time With all Approved Change Orders days days days Regional Coordinator Date Manager Date 2012 TxCDBG Project Implementation Manual SECTION A - Chapter 5 Procurement Procedures 3

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36 CITY Uvalde OF UVALDE Texas P.O. BOX 799, (830) FAX: (830) BUSINESS OF THE CITY COUNCIL SUBJECT: City of Uvalde Critical Period Water Regulations AGENDA DATE: August 25, 2015 SUBMITTAL DATE: August 21, 2015 SUBMITTED BY: Joe A. Cardenas REVIEWED BY: ATTACHMENTS: City Ordinance Budget Information Expenditure amount: Budget amount: BACKGROUND INFORMATION Due to the J27 water level dropping below the 850 foot mark the City has been imposing water restrictions on its residents since March of As of August 4, 2015, the EAA has lifted the city s water restrictions due to the recovery J27. Since then we ve had members of the public inquire about which regulations the city is enforcing, if any, and if so, why since stage 1 is simply voluntary. RECOMMENDED ACTION After a review or our Critical Period Waster Regulations, staff would recommend that we continue to enforce most of the critical period water regulations in place. The exception could be on the number of landscape watering days from one day to two a week for both residential & commercial, the number of vehicle washing days, the washing of impervious cover, the one addressing swimming pools and removing the surcharge assessed on water consumption in excess of 20,000 gallons.

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43 CITY Uvalde OF UVALDE Texas P.O. BOX 799, (830) FAX: (830) BUSINESS OF THE CITY COUNCIL SUBJECT: Discussion of the Utility Policies and Procedures AGENDA DATE: August 25, 2015 SUBMITTAL DATE: August 18, 2015 SUBMITTED BY: Marty Coursey REVIEWED BY: ATTACHMENTS: Utility billing policies and procedures Budget Information Expenditure amount: $ N/A Budget amount: $ N/A Notes: BACKGROUND INFORMATION During the last Council meeting, the aged receivables were discussed and a review of the policies and procedures were requested. We have reviewed the utility ordinances and the attached policies and procedures are a reflection of those ordinances as of the 2014 supplement.

44 City of Uvalde Finance Department Utility Billing Policies and Procedures Effective date: October 1, 2015 The City of Uvalde operates water, gas, sewer, garbage pick-up, brush collection, and landfill services as a public utility for the benefit of the City residents. The office shall offer all services on a single menu to its customers; operations are conducted in a professional and responsible manner, transparent and beneficial to the public. 1.0 POLICY. It s in the policy of the City of Uvalde to ensure the efficient delivery of timely and accurate billing and payment information to our customers; develop and maintain quality utility programs and innovative services that are administered in a friendly, helpful manner; respond to customer request and issues fairly, with the intention of satisfying each customer; and to increase public awareness of utility procedures through proactive communication with customers. 2.0 RESPONSIBILITY. The Utility Billing Office is responsible for providing the citizens of Uvalde with prompt and courteous customer service while maintaining an accurate and efficient utility system. 3.0 AUTHORIZATION. Employees of the City of Uvalde shall be permitted access to any customer/consumer s premises for the purpose of determining where and how water is used, inspecting meters, maintaining and reading the water meter or any other reasonable purpose related to water or gas consumption or delivery. 4.0 SERVICES PROVIDED. Customers who wish to start or stop services must contact the Utility Office located at City Hall, 101 East Main St. Uvalde, Texas during normal business hours: 8 am to 5 pm, Monday through Friday or via New Service. Customers requesting new service are required to make proper application at the billing office. Proper application shall consist of making an application for service; presenting a current photo ID, and furnishing proof of home-ownership or leasing of rental property, power of attorney, etc. Note: Utility accounts are considered a community debt under community property law. City of Uvalde. Chapter A. Definitions. 4.2 Deposit Required. An applicant for city water and sewer service account shall deposit a sum of $100 as security deposit for the payment of charges for residential, and a $200 deposit for commercial. High consumption commercial accounts i.e. restaurants, laundromats; etc. are required a $300 security deposit. Every individual account is required to have a deposit. An applicant for city gas services shall also deposit a sum of $100 as security deposit for the payment of gas services. This deposit is standard for both residential and commercial customers.

45 4.3 Stop or Termination of Service. Customers may request in person or via to discontinue services. A service order is prepared and a final reading is obtained. Deposits will be applied to the balance on the final bill (charges due from the last billing date through the termination date). Customers should provide us with a forwarding address for the final bill and/or refund due. Any customer that ignores a past due balance on their account may have their services terminated without further notice. Restoration will require a new deposit and application process. 5.0 METERS. Every water service address is metered. All meters utilized shall measure in gallons and be able to be read in hundreds, thousands, etc. All meters shall be set in approved accessible locations. Only representatives of the City of Uvalde or its agents are authorized to install, disconnect or remove them from service. The costs of any meter improperly removed, damaged, or otherwise not recoverable shall be charged to the customer. The meter is the piece of equipment that tells us how much water is used at a service address. It is similar to the odometer in a car and keeps a running total of all water usage that has occurred at a service address. Customers are allowed additional meters to be used to measure irrigation consumption. 6.0 BILLING. Meters are read every month and the monthly water usage becomes the basis for the monthly bill. Base rates are determined by the number and size of the customer s meters. The monthly water usage is calculated be subtracting the previous month s reading from the new reading. After reading the meter consumption, a statement of utility charges due is sent to customers based on four cycles as follows: Cycle 1. Meters are read 4 th week of each month and then billed to the customer on or about the 1st of the following month; the due date is the 16 th ; penalties and notices are sent on the 18th and termination begins on the 28 th. Cycle 2. Meters are read 1st week of each month and then billed to the customer on or about the 8th of the month; the due date is the 23rd; penalties and notices are sent on the 25 th ; and termination begins on the 5th of the following month. Cycle 3. Meters are read 2nd week of each month and then billed to the customer on or about the 17th of the month; the due date is the 3 rd of the following month; penalties and notices are sent on the 5th; and termination begins on the 15th. Cycle 4. Meters are read 3rd week of each month and then billed to the customer on or about the 24th of the month; the due date is the 9th of the following month; penalties and notices are sent on the 11th; and termination begins on the 21st. 7.0 WATER AND SEWER RATES. Water rates are determined by ordinance and can be found in the City of Uvalde, Texas Utility Ordinance Chapter Utility Rates. Multi-Unit and Outside City Limits. Water and sewer services are available at an increased rate found in the City of Uvalde. Utility Ordinance. Chapter The base charges are determined by the size of the meter. Residential (Owners and Tenants of private residences) Sewer: A monthly sewer charge of $14.25 plus $1.35 per 1,000 gallons of water consumed is the base charge for sewer. The volumetric portion of the charge is based on 80% of the average monthly water used per month for each customer during the winter months of December, January, and February will be charged to each residential customer. If no preceding winter months, the minimum monthly charge determined by ordinance will apply. In October of each year and adjustment will reflect any change in water usage during the prior winter average period. Commercial Sewer. A monthly sewer charge of $21.00 plus $2.35 per 1,000 gallons of water consumed is the base charged to each commercial customer. The volumetric portion of the charge is based on 80% of the average monthly water used per month for each customer during

46 the winter months of December, January, and February will be charged to each commercial customer. If no preceding winter months, the minimum monthly charge determined by ordinance will apply. In October of each year and adjustment will reflect any change in water usage during the prior winter average period. Sewer service for New Service will be determined by the size of the meter as determined by City of Uvalde Utility Ordinance. Chapter (B) WATER RIGHTS FEE. A monthly fee will be charged to each customer designated specifically for the purchase of Edwards Aquifer Water Rights. The fee is determined by water consumption as applied by City of Uvalde Utility Ordinance. City of Uvalde Texas Utility Ordinance. Chapter B. Water Rights Fee. 9.0 PASS THRU CHARGES. Management Fees. Edwards Aquifer Authority (EEA) management fee and the Habitat conservation plan fee is the amount the EAA charges the City per year for each acre foot of water that the City withdraws per year from the aquifer. This fee pays for the management costs associated with the aquifer. The fee is determined by dividing the total fee charged by the average number of gallons of water used by the city in the previous three years and then then divided by the number of months remaining in the calendar year City of Uvalde Texas Utility Ordinance. Chapter Pass thru charges.(b). Calculation. Pass thru charges are collected from each customer monthly in addition to the charges for water. These charges will only be collected if the City is billed for those charges from the Edwards Aquifer Authority. GAS RATES. The gas rates for year round consumption of gas are $3.16 per 1,000 cubic feet (mcf) of usage. For commercial business it is $3.21 per 1,000 cubic feet of usage. Minimums per month can be found in the City of Uvalde. Utility Ordinance. Chapter Gas Rates. Outside the city limit customers will pay two times these fees. As the costs of gas delivery rises and declines the cost of gas delivery may be adjusted GARBAGE AND REFUSE FEES. A flat fee based on the number of households in the City of Uvalde is charged per residential customer for standard weekly collection services. Those services include once per week the collection of garbage placed in the city provided roll-out cart(s); collection of brush up to six cubic feet during the scheduled brush collection period; the collection of yard waste (leaves, grass clippings, shrubs, etc.) only during schedule brush collection period. Special collection services will be provided weekly, for an additional fee on the scheduled collection service for the pickup of large items such as furniture, appliances and excess garbage. The fee schedule can be found Chapter Prohibited materials. Non collectable items that are not included in the monthly fee includes rock, dirt, dead animals, tires, hazardous waste materials, lead acid batteries, automobile parts and shells, lawn mowers, rubbish, remodeling material, construction or concrete debris, and appliance and furniture OTHER FEES. Penalties. When a bill becomes delinquent, a one-time late payment charge equal to five percent (5%) of the delinquent amount is imposed on the customer. Disconnection/Reconnection-Trip charges. Customers shall pay a trip charge for disconnection or reconnection of services. Both residential and commercial customers shall pay $25 per trip to connect or disconnect from the water system. Customers that have been disconnected for non-payment of services will be charged an additional $25.00 to restore services for a total of $ Only one trip charge will be charged if customer has both water/sewer and gas. Bulk Purchases of Potable Water. Residents and non-residents of the city who reside in Uvalde County may purchase potable water in bulk at the City Service Center for household use,

47 subject to water availability and only after the purchaser has demonstrated an emergency need for the purchase. Surcharges. Industrial waste surcharges may be included if a permit for discharge has been approved by the City of Uvalde. See Chapter Permit for discharge and Chapter Billing practice. for determination of amount BILLING ADJUSTMENTS. Adjustments to utility accounts can be made for the following reasons: Water leaks. The City of Uvalde may issue an adjustment to the water and/or sewer account of a customer who has experienced the loss of metered water beyond the customer's normal and reasonable control. The customer is responsible for promptly discovering and making any necessary repairs to stop the loss of water. Although there is no legal obligation to adjust accounts when the water has been metered properly, we want to encourage customers to make prompt and permanent repairs for the conservation of our water sources. We give consideration for unusual circumstances and repair expenses by adjusting the customer s billing charges no more than once a year. To request a leak adjustment the customer must have fixed the leak and provide: When the leak was discovered; Who made the repairs, where and when; and A copy of the plumber s bill, or receipts for materials purchased if the customer made the repairs. We may adjust charges for water use using the customer s previous six months average billings for water, excluding the month of excessive consumption for which the adjustment is requested, down to our lowest water rate tier per $1,000 gallons. For sewer service, we will not adjust the customers account unless the water loss occurred during the months of December thru February. Situations where lost water does not return to the sewer system may include: Irrigation leaks Leaks that occur underground or in walls Leaks in outdoor faucets, and Faulty water heaters or pressure reducing valves where appliances are not easily accessible or visible. Situations where lost water returns to the sewer system include: malfunctioning toilets leaking indoor faucets Customers requesting an adjustment must continue paying the amount of the previous bill before the bill in question. Courtesy Fee Removals. A one time courtesy removal of a penalty or trip charge due to disconnection, or any other fee may be available for customers. There is no legal obligation to require dismissal of fees but this allows us to educate our customers to promptly make payments and avoid unnecessary charges. Removal is at the discretion of the Utility Manager/City Manager HOURS AND PAYMENT LOCATIONS. The Utility Billing Department is located at 101 East Main Street, Downtown Uvalde. Regular office hours are 8:00 am. Until 5:00 pm. Monday thru Friday. For customer convenience, a drop box is available for utility payments at the above address PAYMENT OPTIONS. Payments can be made by cash, check, money order, or credit cards, with the following options:

48 Utility Office- Payments can be brought in person to the Utility Office at City Hall or the drive thru window. Customer service representatives are available for payments, service requests and new service orientation. Drop Box- Payments can be dropped off at 101 East Main during office hours or after hours. Payments received after 8:00am will be posted to customer accounts on the next business day. Employees pull the drop box each morning no later than 8:30am, verify all monies received and deposit payments to the appropriate customer accounts the same day. Auto Draft- Payments can be automatically drafted from customer bank account for no additional charge. Drafts are processed on the due date for each cycle. Customers must fill out a bank draft form and submit it with a voided copy of a check. Customers will receive a bill that says Bank Draft Do Not Pay when the auto draft has been accepted by our bank. Customers should be prepared to make other arrangements for payment until they receive this notification via our billing cycle. This could take as much as two billing cycles before auto drafts are accepted. Other Payment Locations. Utility payments can also be paid at the following locations: H-E-B Grocery Store 201 East Main St. Uvalde, Texas On-The-Run Convenience Store 401 East Main St. Uvalde, Texas DELINQUENT ACCOUNTS. A customer s account remaining unpaid for thirty-five (35) days after due date shall be discontinued. To re-establish service, the customer must pay a $50.00 reconnection fee, the outstanding utility bill balance or execute a deferred payment plan, and any adjustment to the deposit as required by Chapter (I.) Double Deposits RETURNED CHECK. A check returned from the bank for insufficient funds will be collected immediately. The customer will be notified via a door hanger and given 7 days to replace the payment with cash or money order along with a returned check fee. Checks returned account closed may be cut off immediately ARRANGEMENTS. Payment arrangements can be made at the discretion of the Utility Office Manager and in compliance with the City of Uvalde, Texas Utility Ordinance. Extensions. A customer can request an extension of seven to ten days after the due date to pay their delinquent accounts. An arrangement must be documented via written request or and approved by the Utility Office Manager. Deferred Payment Plan Policy. A customer may request a payment plan due to sickness, illness or like cause. This type of arrangement would allow the customer to divide the balance of his/her account and pay it over the next 6 months. A deferred payment plan must be filled out and a 5% fee is collected at the time of the request. Customer must agree to stay current on account or the plan is forfeited and balance of account becomes due and payable immediately. No other plan will be offered. See Appendix A. Reduction of Penalties and/or Trip charges. A customer who is 65 years or older or is disabled and can provide proof of disability may qualify for penalty free services. This allows the customer to make payments when income is received. If payments has not been received in 35 days this does not stop termination for non-payment on the account CHALLENGING THE ACCURACY OF THE BILL. The customer should notify the city before disconnection occurs regarding the accuracy of a bill. If a customer believes he/or she has been billed for services not actually rendered, the customer must report in person or in writing of the

49 dispute and the staff will investigate and report back to the customer the results. This does not include termination of services due to non-payment. Corrections to the bill will be made whenever justified and approved by the Finance Director. If customer continues to further disagree, then a request for hearing is sent to the Finance Director/City Manager. Chapter Bills-Due and payable when TAMPERING. Any customer found to be improperly taking unmetered water, tampering with locks, or if water is turned on by someone other than those authorized by the City shall be subject to fees per the City of Uvalde Utility Ordinance, and possible prosecution. Tampering may be determined on any account for the following: Meter lock broken Curb stop damaged or broken Meter lock removed Meter stolen Unauthorized connection inserted(jumpers) Any unauthorized water usage 20.0 THEFT OF WATER SERVICE. Theft of water services shall refer to any customer who reconnects his water service in any way (breaking the lock, damaging the meter, jumpers, etc.) after the City has disconnected the water for nonpayment of a delinquent bill. In addition to the amount of the delinquent bill, the tampering fees shall be paid before water service is restored FREE SERVICE. No free service will be rendered by the waterworks, sanitary sewer and natural gas systems of the city LIEN FOR UTILITY SERVICES. A lien is imposed on real property to secure delinquent bills, including penalties, interest, and collection costs. The Utility Office Manager is authorized to file the notice as described by City of Uvalde, Texas. Code of Ordinances.Chapter (D).